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Agenda 03/13/2012 Item # 9A3/13/2012 Item 9.A. EXECUTIVE SUMMARY PUDA- PL20110000047: Sabal Bay MPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 05 -59, the Sabal Bay Mixed Use Planned Unit Development, by amending the PUD Document, Exhibit A, to provide for: changes in development standards including right of way widths and sidewalks; addition of general permitted uses to include outside storage; removal of golf as a permitted use; addition of car wash, post office, docks and electric boats as allowable uses in the recreation /village center tract; increase of preserve by 45 acres; increase in floor area ratio for adult living facility /continuing care retirement community "CCRC" and increase in height; removal of affordable housing and removal of Bald Eagle Management Plan and Gopher Tortoise Relocation Management Plan on property located south of Thomasson Drive, south and west of U. S. 41, north and west of the Wentworth PUD, and east of the Naples Bay intercoastal waterway in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416± acres; and providing an effective date. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Sabal Bay MPUD contains a total of 2,416 +/- acres and provides for up to 1,999 dwelling units on 2,350 + /- acres (.85 DU /A). Excluded from this density calculation are 50 acres of commercial and 16 acres of recreation /village center. Included within the 2,350 + /- acres are 938 acres of residential, 32 acres of public facilities (school and fire station /EMS), 12 acres of right - of -way, 780 acres which are being deeded to Rookery Bay, 522 acres of preserve, and 66 acres for the Lely Main and Lely Manor canal easements. Some of the key proponents of the amendment are as follows: • Change the sidewalk requirements for Sidewalks from 6 feet both sides or 10 feet one side to allow 5 feet both sides or 10 feet one side (by LDC deviation); • Add outside storage areas for recreational vehicles, trailers, and similar uses for the use by the project's residents and guests, excluding boats, in the R5 area only, with the caveat that if this use is provided, the Owners shall install an eight foot (8') high wall or fence on top of a four foot (4') berm for screening/buffering purposes prior to any storage use; • Remove golf as a permitted use by Changing the RG areas to R; • Add car wash, post office, docks and electric boats as allowable uses in the recreation/village center tract; • Increase the preserve by 45 acres; Sabal Bay: PUDA- 20110000047 Revised: 2121/12 BCC Hearing Date February 28, 2012 Packet Page -151- Page 1 of 7 3/13/2012 Item 9.A • Increase building setbacks and revise the allowed height of potential continuing care retirement/ALF uses from 3 stories to 80 feet zoned height and 95 feet actual height in the residential areas (excluding R2 -B, R5 and R7); and also allowing a floor area ratio of 0.6 for this use; • Remove affordable housing commitment; • Remove the Bald Eagle Management and Gopher Tortoise Relocation Management Plans; • Add two access points — one on US 41 aligning with St. Andrews Boulevard and one at Hamilton Avenue that will align with Bay Street; • Reduce side yard setbacks from a minimum of 6 or 6 feet to 0 or 5 feet for most residential product types (not including ALF /CCRC units) in the Residential Development Standards Table; • Reduce the distance between structure setbacks for most residential product types (not including ALF /CCRC units) from 12 feet to 10 feet in the Residential Development Standards Table. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT• Future Land Use Element (FLUE): The subject property is designated Urban (Mixed Use District, Urban Coastal Fringe Subdistrict and Urban Commercial District, Mixed Use Activity Center Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The Urban Coastal Fringe Subdistrict is intended to provide transitional densities between the Conservation designated area and the Urban designated area. Residential densities in this subdistrict are limited to a maximum of four dwelling units per acre, except as allowed by the Density Rating System. This Subdistrict can accommodate a variety of residential and non- residential uses, including mixed -use planned unit developments, safety service facilities, schools and telecommunications facilities. The subject site is also within the Traffic Congestion Area, part of the Density Rating System, and the site is entirely within the Coastal High Hazard Area (CHHA). The proposed modifications do not propose to increase the density or commercial intensity approved previously within the MPUD. Staff concludes that the proposed modifications to the Sabal Bay: PUDA- 20110000047 Revised: 2/21/12 BCC Hearing Date February 28, 2012 Packet Page -152- Page 2 of 7 3/13/2012 Item 9.A. MPUD may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). US -41 Impacts: The first concurrency link that is impacted by this zoning amendment is Link 93.0, US -41 between the Rattlesnake Hammock Road and Triangle Boulevard. The peak impact that is proposed on US -41 during the PM Peak Hour is 41 directional trips. This represents a 1.2% impact on US -41. This segment of US -41 currently has a remaining capacity of 915 trips, and is currently at LOS "C" as reflected by the 2011 AUIR. Thomasson Drive Impacts: Another concurrency link that is impacted by this zoning amendment is Link 108.0, Thomasson Road between the Bayshore Drive and US -41. The peak impact that is proposed on Thomasson Drive during the PM Peak Hour is 13 directional trips. This represents a 1.2% impact on Thomasson Drive. This segment of Thomasson Drive currently has a remaining capacity of 346 trips, and is currently at LOS "B" as reflected by the 2011 AUIR. This roadway segment is located within the County's adopted TCEA; however the Developer is not seeking exception from concurrency on this link. Bayshore Drive Impacts: Another concurrency link that is impacted by this zoning amendment is Link 7.0, Bayshore Drive between Thomasson Road and US -41. The peak impact that is proposed on Bayshore Drive during the PM Peak Hour is 24 directional trips. This represents a 1.2% impact on Bayshore Drive. This segment of Bayshore Drive currently has a remaining capacity of 1,308 trips, and is currently at LOS "B" as reflected by the 2011 AUIR. This roadway segment is located within the County's adopted TCEA; however the Developer is not seeking exception from concurrency on this link. No subsequent concurrency links within Collier County are significantly impacted by this project. The PUD document contains the mitigation and commitments from the Developer that will address the traffic impacts. To summarize, the mitigation is as follows: 1. The Developer will abide by LDC Section 6.02..02 regarding Transportation Demand Management (TDM) strategies; 2. The Developer is responsible for two potential signals at roadway connections on US 41; 3. The Developer will adhere to throat length restrictions that are greater than code required minimum. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the amendment for consistency with the CCME. Environmental review staff has determined the petition may be found consistent with the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Sabal Bay: PUDA- 20110000047 Revised: 2/21/12 BCC Hearing Date February 28, 2012 Packet Page -153- Page 3 of 7 3/13/2012 Item 9.A. Please refer to the CCPC Staff report for more details about the GMP consistency. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard this petition on December 15, 2011, and by a vote of 8 to 1, with Commissioner Homiak opposed, recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following changes to be made to the PUD document: Page # Section Description Throughout Throughout Changed "owners" or "owner" to be capitalized (Owners); made plural and corrected subject/verb agreement throughout i Changed title of Section I to delete "property ownership" and add "and density" ii 2 Revised square footage of existing commercial 1 -1 Title Revised to delete "property ownership" and add "and density" 1 -1 1.1 Revised to delete "and ownership" 2 -1 2.2.A. Revised square footage of existing commercial 2 -2 2.3.C. Revised square footage of existing commercial 2 -2 2A.A. Revised to add "and /or CDD" and changed name of street to Cardinal Way 2 -4 2.5.A. Revised to add "and /or CDD" 2 -4 2.6 Delete "per lake" 2 -4 2.7 Revise to indicate "County Manager or his designee" 2 -5 2.8 Revise to add "and /or CDD" in title of section 2 -6 2.12. B.1 Revised to clarify separation of commercial uses from residential uses in C01, CO2, and CO3 not RECNC area 2 -8 2.14.A.9 Revised to indicate outside storage in R5 area only; and stipulate a 12' wall if that use is provided 2 -8 2.14.A.10 Deleted in entirety; already an allowed use per LDC 2 -8 2.14.B Identified development standards as paragraph "B" 3 -2 3.4.A.5 Added "but which shall be counted as residential dwelling units" 3 -2 3A.A.7 Added continuing care retirement communities CCRC 3 -3 3.5.B. Added CCRC 3 -3 3.5.B. Revised development standards for ALF /CCRC including setback from U.S. 41 and added actual height of 95 feet 3 -4 Table 1 Added "excluding townhouses" in heading; added CCRC in heading; deleted "not to exceed 50 feet" in Multi - Family/Timeshare Dwellings for front, rear, side yards; centered text in all cells; deleted reference to footnote 11; second to last row, changed "principle" to "principal" 3 -5 Footnotes *5 — added actual height for single family detached, zero lot line, two family /duplex, and single family attached /townhome to be 45 feet 3 -5 Footnotes *8 — added CCRC 3 -5 Footnotes *11 — deleted 4 -3 4.3.A.32 Added "but which shall be counted as residential dwelling units" 4 -5 4.4.G Deleted in entirety 6 -1 6.4.A.3. Added "maintenance easement" Sabal Bay: PUDA- 20110000047 Revised: 2/21/12 BCC Hearing Date February 28, 2012 Packet Page -154- Page 4 of 7 3/13/2012 Item 9.A. 8 -2 8.3.0 Changed to "County Manager" or his designee 8 -5 8.7.C. Deleted reference to the Conservancy 8 -6 8.7.C.1 -3 Deleted reference to the Conservancy 8 -10 8.8.E Deleted in entirety related to payment to MSTU These revisions have been incorporated into the PUD document that is included in the draft ordinance. Commissioner Homiak did not support the approval motion but did not state any reasons for her vote; however she had earlier expressed concerns about proposed building heights and setbacks along US 41. Because the CCPC vote was not unanimous, this petition cannot be placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Sabal Bay MPUD (Ordinance No. 05 -59, as amended) which proposes to amend the cover page and numerous sections of the PUD to provide for each of the items stated in the caption and the planning Commission recommendations portion of this Executive Summary. The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? Sabal Bay: PUDA- 20110000047 Revised: 2/21/12 BCC Hearing Date February 28, 2012 Packet Page -155- Page 5 of 7 3/13/2012 Item 9.A. 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Sabal Bay: PUDA- 20110000047 Revised: 2/21/12 BCC Hearing Date February 28, 2012 Packet Page -156- Page 6 of 7 3/13/2012 Item 9.A. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.I11, as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is required for Board approval. (STW) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Back -up information 3) Ordinance Sabal Bay: PUDA- 20110000047 Revised: 2121/12 BCC Hearing Date February 28, 2012 Packet Page -157- Page 7 of 7 3/13/2012 Item 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDA- PL20110000047: Sabal Bay MPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 05 -59, the Sabal Bay Mixed Use Planned Unit Development, by amending the PUD Document, Exhibit A, to provide for: changes in development standards including right of way widths and sidewalks; addition of general permitted uses to include outside storage and telecommunication facilities; removal of golf as a permitted use; addition of car wash, post office, docks and electric boats as allowable uses in the recreation /village center tract; increase of preserve by 45 acres; increase in floor area ratio for adult living facility and increase in height; removal of affordable housing and removal of Bald Eagle Management Plan and Gopher Tortoise Relocation Management Plan on property located south of Thomasson Drive, south and west of U. S. 41, north and west of the Wentworth PUD, and east of the Naples Bay intercoastal waterway in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416 +/- acres; and providing an effective date. Meeting Date: 2/28/2012 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 1/27/2012 10:31:50 AM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 2/8/2012 2:19:08 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 2/8/2012 3:20:14 PM Packet Page -158- Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 2/9/2012 11:43:59 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 2/10/2012 3:56:36 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/17/2012 9:18:05 AM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 2/17/2012 11:25:50 AM Name: KlatzkowJeff Title: County Attorney Date: 2/17/2012 3:51:31 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 2/17/2012 4:18:44 PM Name: OchsLeo Title: County Manager Date: 2/21/2012 1:32:53 PM Packet Page -159- 3/13/2012 Item 9.A. 3/13/2012 Item 9.A. Co�er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION BEARING DATE: DECEMBER 15, 2011 RE: PUDA- PL2011 -47: SABAL BAY MPUD Applicants: CDC Land Investments, Inc. 2550 Goodlette Road North Naples, FL 34103 Agents: R. Bruce Anderson, Esquire Roetzel and Andress 850 Park Shore Drive, Trianon Centre, 3rd Floor Naples, FL 34013 REQUESTED ACTION: Collier Land Development, Inc. 2550 Goodlette Road North Naples, FL 34103 Margaret Perry, AICP Stantec 3200 Bailey Lane, Suite 200 Naples, FL 34105 The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as Sabal Bay MPUD to provide for: changes in development standards including right of way widths and sidewalks; addition of general permitted uses to include outside storage (excluding boats) and telecommunication facilities; removal of golf as a permitted use; addition of car wash, post office, docks and electric boats as allowable uses in the recreation/village center tract; increase of preserve by 45 acres; increase in floor area ratio and increase in height for adult living facility; removal of affordable housing and removal of the Bald Eagle Management and Gopher Tortoise Relocation Management Plans. GEOGRAPHIC LOCATION: The subject property, consisting of 2,416 + /- acres is located south of Thomasson Drive, south and west of U. S. 41, north and west of the Wentworth PUD, and east of the Naples Bay intercoastal waterway in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. (See location map and lowk proposed PUD Master Plan on the following pages.) PUDA- PL2011 -47: Sabal Bay MPUD Page 1 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -160- 3/13/2012 Item 9.A. PURPOSEMESCRIPTION OF PROJECT: The Sabal Bay MPUD contains a total of 2,416 +/- acres and provides for up to 1,999 dwelling units on 2,350 + /- acres (.85 DU /A). Excluded from this density calculation are 50 acres of commercial and 16 acres of recreation/village center. Included within the 2,350 + /- acres are 938 acres of residential, 32 acres of public facilities (school and fire station/EMS), 12 acres of right - of -way, 780 acres which are being deeded to Rookery Bay, 522 acres of preserve, and 66 acres for the Lely Main and Lely Manor canal easements. The proposed changes are as follows: • Change the sidewalk requirements for Sidewalks from 6 feet both sides or 10 feet one side to allow five both sides or 10 feet one side (by LDC deviation); • Add outside storage (except for boats) and telecommunication facilities as general permitted uses to include; • Remove golf as a permitted use by Changing the RG areas to R; • Add car wash, post office, docks and electric boats as allowable uses in the recreation/village center tract; • Increase the preserve by 45 acres; • Revise the allowed height of potential continuing care retirement uses from 3 stories to 80 feet in the residential areas (excluding R2 -B, R5 and R7); and also allowing a floor area ratio of 0.6 for this use; • Remove affordable housing commitment; • Remove the Bald Eagle Management and Gopher Tortoise Relocation Management Plans; • Add two access points — one on US 41 aligning with St. Andrews Boulevard and one at Hamilton Avenue that will align with Bay Street; • Revise some conditions of approval; • Change side yards and distance between structure setbacks in the Residential Development Standards table. SURROUNDING LAND USE AND ZONING (Please refer to the Zonine Man): North: Thomasson Drive and Thomasson Lane, then developed lots within the Avalon Estates and Pine -view Villas subdivision, all with a zoning designation of RMF -6 East: US 41 (Tamiami Trail East), then a golf course and various developed single- and multi- family residential uses, zoned RSF -3 and RMF -12 and 16, which are interspersed within the golf course, all of which are part of the Lely Golf Estates development; there are also several C4 and PUD zoned developed commercial tracts fronting US 41 South: Land with a zoning designation of Agricultural that appears to be wetlands (within Sections 35 and 36), and Wentworth Estates, an undeveloped PUD (within Section 30) West: Lands within the City of Naples, Hamilton Harbor PUD, Botanical Gardens PUD and the East Naples Community Park PUD; and various RMF -6, RSF -4 zoned residential developments that front Bayshore Drive PUDA- PL2011 -47: Sabal Bay MPUD Page 2 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -161- 3/13/2012 Item 9.A. 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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Mixed Use District, Urban Coastal Fringe Subdistrict and Urban Commercial District, Mixed Use Activity Center Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The Urban Coastal Fringe Subdistrict is intended to provide transitional densities between the Conservation designated area and the Urban designated area. Residential densities in this subdistrict are limited to a maximum of four dwelling units per acre, except as allowed by the Density Rating System. This Subdistrict can accommodate a variety of residential and non- residential uses, including mixed -use planned unit developments, safety service facilities, schools and telecommunications facilities. The subject site is also within the Traffic Congestion Area, part of the Density Rating System, and the site is entirely within the Coastal High Hazard Area (CHHA). The Density Rating System provides for an eligible base density of 4 dwelling units /acre (DU /A) throughout the Urban — Mixed Use District (except for the Urban Residential Fringe capped at 1.5 DU /A), whether in or out of the CHHA. But, because the site is located within the Traffic Congestion Area it is subject to a 1 DU /A reduction, thereby making the site eligible for an adjusted base density of 3 DU /A. Additionally, the MPUD includes a Recreational/Village Center Tract, approved for commercial and recreational uses (consistent by FLUE Policy 5.1), that is being relocated and the size reduced from 27± acres to 16f acres. The MPUD also includes a commercial tract located within Mixed -Use Activity Center #17 near the corner of Thomasson Drive and US -41. The Activity Center concept is designed to concentrate new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create a focal point within the community. The existing PUD is approved for up to 200,000 sq. ft. of retail uses, 60,000 sq. ft. of office uses, and 250 hotel rooms. The Sabal Bay MPUD provides for up to 1,999 dwelling units on 2,3501 acres (.85 DU /A); a 31- acre educational facility; a 1 -acre fire and rescue site; 661 acres of commercial development; 121 acres of platted right -of -way; and 780± acres of tidal wetlands. The above referenced modifications do not propose to increase the density or commercial intensity approved previously within the MPUD. FLUE Objective 7 encourages the use of smart growth principles. The applicant has addressed several of these within the MPUD, including a diversity of housing types, provision of open spaces, pedestrian and bicycle paths, and interconnections. Based on the above analysis, staff concludes that the proposed modifications to the MPUD may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). PUDA- PL2011 -47: Sabal Bay MPUD Page 3 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -166- 3/13/2012 Item 9.A. US -41 Impacts: The first concurrency link that is impacted by this zoning amendment is Link 93.0, US -41 between the Rattlesnake Hammock Road and Triangle Boulevard. The peak impact that is proposed on US -41 during the PM Peak Hour is 41 directional trips. This represents a 1.2% impact on US -41. This segment of US -41 currently has a remaining capacity of 915 trips, and is currently at LOS "C" as reflected by the 2011 AUIR. Thomasson Drive Impacts: Another concurrency link that is impacted by this zoning amendment is Link 108.0, Thomasson Road between the Bayshore Drive and US -41. The peak impact that is proposed on Thomasson Drive during the PM Peak Hour is 13 directional trips. This represents a 1.2% impact on Thomasson Drive. This segment of Thomasson Drive currently has a remaining capacity of 346 trips, and is currently at LOS "B" as reflected by the 2011 AUIR. This roadway segment is located within the County's adopted TCEA; however the Developer is not seeking exception from concurrency on this link. Reshore Drive Impacts: Another concurrency link that is impacted by this zoning amendment is Link 7.0, Bayshore Drive between Thomasson Road and US -41. The peak impact that is proposed on Bayshore Drive during the PM Peak Hour is 24 directional trips. This represents a 1.2% impact on Thomasson Drive. This segment of Thomasson Drive currently has a remaining capacity of 1,308 trips, and is currently at LOS "B" as reflected by the 2011 AUIR. This roadway segment is located within the County's adopted TCEA; however the Developer is not seeking exception from concurrency on this link. No subsequent concurrency links within Collier County are significantly impacted by this project. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the amendment for consistency with the CCME. Environmental review staff has determined the petition may be found consistent with the Conservation and Coastal Management Element of the Collier County Growth Management Plan. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County Growth Management Plan as discussed above. The proposed amendment is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP if the conditions recommended by staff are adopted as part of any approval. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to PUDA- PL2011 -47: Sabal Bay MPUD Page 4 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -167- 3/13/2012 Item 9.A. support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff is recommending approval subject to the Environmental conditions contained in the PUD document. Please refer to the EAC staff report for details about this project's environmental issues. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues as well as roadway capacity, and recommends approval subject to the Developer /owner commitments as provided in Section VIII of the MPUD ordinance. Utilities Review: During the last resubmittal review, Collier County Utilities staff asked that the applicant make the following change to Item 8.5.D: The owners shall reserve three request easements, and associated utility and access easements to connect with the public right -of -way. These sites shall be used for wells (not to exceed 100' by 100' for each site) with a minimum spacing of 500 feet between wells. Instead providing easements for wells sites, County may require an easement for a future wastewater force main through the PUD and fronting along US 41 to the southern boundary of the PUD. This conveyance shall occur at the time of the SDP, or final subdivision approval for the area within the development phase that contains the easement. The applicant's agent has responded to this issue in a November 9, 2011 letter as follows: Property owner does not agree to this suggested condition. There is no legally required rational nexus for this unlawful exaction in that nothing in the proposed MPUD amendment necessitates a force main to serve the PUD. The draft PUD document does not include this condition. Bayshore Gateway Triangle Community Redevelopment Agency (CRA): Staff received the following comments from David Jackson, the Executive Director of the CRA: CRAIMSTU staff has reviewed and has no objections, changes or modifications to the proposed language in the developer's commitment, and encourages this PUD Amendment to move forward through the review process as expeditiously as possible. Zoning Services Review: The Master Plan shows the areas proposed for development provided in the Land Use Summary and Legend shown on the Master Plan. Additionally, right -of -way areas are generally depicted. Due to the size of the project, building orientations and building locations and other details are not shown on the Master Plan. The Master Plan includes the following summary and legend information: PUDA- PL2011 -47: Sabal Bay MPUD Page 5 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -168- LAID USE SIJ1,JMAR" LSE ACREAGE R 93Bf REC /VC I6i co 50f PF 32* P 522* P /RBNERR 7aO1 LELY MAIN CANAL EASEMENT 52t LELY WkNaR ✓ANAL EaSEM_NT 1 +f Ex. - HONASSON :)P-/EX. CAFUNAL WA4 12f TCTA- 2.t.16 3/13/2012 Item 9.A. FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. In this amendment, the petitioner is adding the following new uses: 1. Outside storage areas for recreational vehicles, trailers, and similar uses for the use by the project's residents and guests, excluding boats 2. Telecommunications facilities, including but not limited to, digital, fiber optic, microwave, satellite, UHF, VHF, FM, AM, short wave, and other sending and receiving facilities and structures, subject to applicable permitting and written approval by the owners or master homeowners' association. Within the "PF" Public Facility tract as identified on the MPUD Master Plan this use shall be limited to those telecommunication facilities that primarily serve the specific Public Facility use constructed on this tract; except that this limitation shall not apply to all or any portion of the "PF" tract that is developed for uses permitted in the "R" Subdistrict as provided in Section 7.1. 3. Carwashes (Group 7542) [within the Recreation/Village Center area only] 4. United States Postal Service (Group 4311) [within the Recreation/Village Center area only] 5. Add docks and electric boats as allowable uses in the recreation/village center tract. The proposed Outside Storage Areas will need to be provided in compliance with the LDC section 4.02.12 that sets for the supplemental requirements for outside storage uses as follows: PUDA- PL2011 -47: Sabal Bay MPUD Page 6 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -169- LEGEND ID USE R RESIDEVTIAL RECIVC RE -,REATION /VILLAG: CENTER Co COMMERCIAL/OFFICE PF PUBUC FACILITIES P PRESERVE P IRBNERR PRESERVE (TO QE OEDEO TO R3NERR) FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. In this amendment, the petitioner is adding the following new uses: 1. Outside storage areas for recreational vehicles, trailers, and similar uses for the use by the project's residents and guests, excluding boats 2. Telecommunications facilities, including but not limited to, digital, fiber optic, microwave, satellite, UHF, VHF, FM, AM, short wave, and other sending and receiving facilities and structures, subject to applicable permitting and written approval by the owners or master homeowners' association. Within the "PF" Public Facility tract as identified on the MPUD Master Plan this use shall be limited to those telecommunication facilities that primarily serve the specific Public Facility use constructed on this tract; except that this limitation shall not apply to all or any portion of the "PF" tract that is developed for uses permitted in the "R" Subdistrict as provided in Section 7.1. 3. Carwashes (Group 7542) [within the Recreation/Village Center area only] 4. United States Postal Service (Group 4311) [within the Recreation/Village Center area only] 5. Add docks and electric boats as allowable uses in the recreation/village center tract. The proposed Outside Storage Areas will need to be provided in compliance with the LDC section 4.02.12 that sets for the supplemental requirements for outside storage uses as follows: PUDA- PL2011 -47: Sabal Bay MPUD Page 6 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -169- 3/13/2012 Item 9.A. The storage areas must be fenced or walled with All permitted or conditional uses allowing for outdoor storage, including but not limited to storage of manufactured products, raw or finished materials, or vehicles other than vehicle intended for sale or resale, shall be required to screen such storage areas with a fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in height above ground level. Said fence or wall shall be opaque in design and made of masonry, wood, or other materials approved by the County Manager or designee. LDC Section 5.05.11 lists the additional limiting development parameters for a car wash that abuts residential zoning. That section provides additional setbacks, additional fencing requirements, and limiting hours. The additional screening and buffering required by the LDC should adequately address any potential incompatibility of the proposed new uses. The petitioner is also proposing to remove golf courses as permitted uses. That should have no impact upon neighboring properties. The petitioner is seeking to remove the affordable housing commitment from Section 8.10 of Ordinance #05 -59, shown below: A. The developer, or its successors or assigns, shall pay the sum of $1, 000.00 to the Collier County Affordable Housing Trust Fund for each residential unit not located within Tracts RG8, C101 and C 102. The payment shall be made within seven (7) days on the closing of the residential unit. B. The developer or its successors or assigns shall pay the sum of fifty cents ($0.50) for each square foot of retail development constructed on the property, excluding Tracts C/O] and C 102, to the Collier County Affordable Housing Trust Fund within seven (7) days of the improvement receiving a CO. C. The payment of the sums set forth in the Section shall satisfy any obligations of the project to pay linkage fee, or similar types offees should an ordinance establishing such fees be adopted by the Board of County Commissioners in the future. Staff has no objection to this proposed change as the Board of County commissioners recently allowed the petitioner in Sonoma Oaks PUD to remove the affordable housing commitment from that PUD. No bonus density allowances were made to either PUD zoned projects; the commitments were made based upon Board direction at that time. The petitioner is seeking approval to remove the Bald Eagle and Gopher Tortoise Relocation Management Plans from the PUD document. The developer will still need to comply with all applicable regulations set forth by other reviewing agencies. Removal of the documents as attachments to the PUD ordinance will not exempt the petitioner from any local, state or federal requirements. The proposed action merely simplifies the process if changes to the Management Plans are required by other agencies in that the petition would not then be forced to amend the PUD document. PUDA- PL2011 -47: Sabal Bay MPUD Page 7 of 22 December 15, 2011 CCPC Revised: 11/30111 Packet Page -170- 3/13/2012 Item 9.A. The petitioner is revising to allowable height of structures for any continuing care retirement uses from three stories to allow structures to be 80 feet tall. Note however that these uses are NOT permitted uses in R2 -B, R5 or R -7. With that caveat, the continuing care retirement use structures would not be abutting any external residential uses. The PUD is being amended to add two access points —one on Tamiami Trail to align with St. Andrews Boulevard, and the other align with Bay Street and Hamilton Avenue as shown below: DA/ AFORD ST pur> A .._a!1f r" de -1 Hamilton Avenue C51a E—nC-% FT I1WT1FSEC 3N CF GAy ST ;CU An-) i{+.UILTCN 3.Vr4./E 1. E r IL X \\ -,,_I �� r .tilLrf� r Excerpt from proposed PUD Ordinance Zoning Staff is of the opinion that this project will be compatible with the adjacent uses and zoning in the area. Deviation Discussion: The petitioner is seeking approval of 15 deviations from the requirements of the LDC. Of those deviations, eight were previously approved in Ordinance No. 05 -59. The applicant wishes to retain those eight deviations noting that they are already approved, and seek seven new deviations. The applicant has provided a last of Deviations divided into two parts to distinguish between those already approved and the proposed new ones. Staff has listed the previously approved deviations without further analysis, but has provided an analysis for the proposed new deviations. Deviations are a normal derivative of the PUD rezoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or PUDA- PL2011 -47: Sabal Bay MPUD Page 8 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -171- 3/13/2012 Item 9.A. control. PUDs .... may depart from the strict application of setback height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest.... PREVIOUSLY APPROVED DEVIATIONS: Deviation 1: LDC Section 6.06.01(0) and LDC Appendix B, in order to allow 50 feet of right - of -way for local roads rather than the required 60 -foot width (throughout). Deviation 2: LDC Section 6.06.01(J), to allow cul -de sacs in excess of 1,000 feet the MPUD (throughout). Deviation 3: In accord with LDC Section 10.02.04.A.3, Section 2 -12 of the Collier County Code of Ordinances, Exhibit "A ", Design Requirements for Subdivisions C.17;j of the Administrative Code for Collier County Construction Standards Manual, formerly LDC Section 3.2.8.4.16.10 (Section III P. 10 of the proposed Construction Standards Manual) to allow reverse curves without tangents (throughout). Deviation 4: LDC Section 5.03.02B to allow perimeter fences or walls to be permitted at 8 feet on top of a 4 foot berm, formerly approved as a height of eight feet (8') as measured from the finished grade of the ground at the base of the fence or wall, and modified at staff's request. Deviation 5: LDC Section 5.06.023.6., formerly Section 5.06.04 A. 6. (b.) to allow a maximum of two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each (rather than the combined size permitted in the LDC of 64 square feet) and shall not exceed a height of 6 feet as measured from finished grade. Deviation 6: LDC Sections 5.06.02 and 5.06.04, formerly Chapter 5.06.05 to allow entrance signs up to 120 square feet. Two ground signs shall be permitted for each project entrance (on US 41, Thomasson Drive and Bayshore Drive), and shall be allowed in addition to other signage allowed by Chapter 5.06.00, of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the developer's owners' name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. Deviation 7: LDC Section 4.05.04, to allow parking for uses and structures constructed in the Recreation/Village Center to be reduced by up to 25% of the applicable LDC parking requirements, should such a reduction be deemed to be warranted through the development and submission of a shared parking analysis submitted with the SDP application. Parking requirements shall be determined utilizing the modal splits and parking demands for various uses recognized by Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking area will vary depending on the multiple functions or uses in close proximity which are unlikely to require the same spaces at the same PUDA- PL2011 -47: Sabal Bay MPUD Page 9 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -172- 3/13/2012 Item 9.A. time. The shared parking analysis methodology shall be determined and agreed upon by the County Transportation Growth Management Staff and the developer owners during the SDP pre - application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. Deviation 8: LDC 5.05.08.C.13.b., formerly Section 5.05.iii.(a) to allow gray primary and/or secondary colors to be permitted as a predominant exterior roof color. See Section 5.4.J. of the MPUD document. NEW DEVIATIONS: Deviation 9 seeks relief from LDC Section 6.06.01(0) and LDC Appendix B in order to allow, in specific cases where private, internal development roadways cross wetland or upland preserves, the owners request additional flexibility to reduce the required ROW width below the current 50 -foot minimum to a width of no less than 40 feet. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This deviation would allow the Owners to minimize impacts to potential wetland or upland preserves while maintaining accessibility throughout the site. Staff Analysis and Recommendation: The deviation is being sought in conjunction with deviation #1 that is already approved. According to the petitioner's agent, this deviation is an off shoot from the reduction of 60 feet to 50 feet, to allow a 40 foot wide minimum width in two specific locations and in other potential cases, on internal private roadways where a reduction is warranted to minimize wetland/upland impacts. The narrower road widths will be used for the potential future connections to Bay Street and Hamilton Avenue (shown on page 7) and the Wentworth PUD as shown below: PM%IIAL F -TARE W4'%1=CN In ADJAC s f C.twv%jMT- LDC Section 6.06.0l.0 allows developers of any type (zoned) project to seek alternatives pursuant to LDC Section 6.06.01.0 at the time of platting. Those requests must be accompanied by "documentation and justification for the alternate section based on sound engineering principals and practices." These alternative designs are often sought as part of the zoning process so the developer can have some assurances that the proposed Master Concept Plan is viable if the Master Plan siting was calculated using an alternative design. The PUD deviation process provides a way for the petitioner to acquire that assurance without being required to PUDA- PL2011 -47: Sabal Bay MPUD Page 10 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -173- 3/13/2012 Item 9.A. submit the alternative design in compliance with LDC Section 6.06.01.0. Staff concurs with the applicant's assessment of the situation for this particular project. Staff sees no detrimental effect if this deviation request is accommodated. Zoning and Land Development Review staff recommend APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safetv and welfare of the community" and LDC Section 10.02.13.B.5.h, the Retitioner has demonstrated that the deviation is "iustified as meetina public numoses to a degree at least eauivalent to literal annlication of such regulations. ' Deviation 10 seeks relief from LDC Section 6.06.02.A which requires arterial and collector roads to provide a six -foot sidewalk on both sides of the street. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The applicant requests the ability for all privately owned roadways internal to the Sabal Bay development to provide a minimum five -foot sidewalks on both sides of all streets or a minimum ten -foot wide pathway on one side of the street which may meander in and out of the right -of -way. Since the development is planned for an internal pathway system, this is a reasonable deviation. Staff Analysis and Recommendation: Again, this is a deviation that is often sought by applicants during the zoning process. The deviation is an oft - sought alternative. Staff sees no detrimental effect if this deviation is approved subject to the limitations provided in the applicant's rationale, i.e., the developer must either provide a minimum five -foot sidewalks on both sides of all streets or a minimum ten -foot wide pathway on one side of the street. Zoning and Land Development Review staff recommends APPROVAL of this deviation as limited above, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 11 seeks relief from LDC Section 4.06.02 which requires a Type B buffer between single family and multi- family uses, to provide no buffer between these uses when a water body separates the two uses. Petitioner's Rationale: The petitioner provided the following justification for this deviation, "Requiring the installation of a buffer in these areas would inhibit the lake views for both single family and multi- family residences." Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is accommodated. PUDA- PL2011 -47: Sabal Bay MPUD Page 11 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -174- 3/13/2012 Item 9.A. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3. the petitioner has demonstrated that "the element may be waived _without a detrimental effect on the health_ safety and welfare of the community "and LDC Section 10 02 13 B 5 h the petitioner has demonstrated that the deviation is "iustified as meeting public purposes to a degree at least eguivalent to literal application of such regulations.' Deviation 12 seeks relief from LDC Section 4.06.05.J which requires that rip -rap treatment for those areas that have a slope no steeper than 2:1, but steeper than 3:1, be limited to 30 inches in height, and be limited to 200 square feet sections or solely used in rapid flow water management areas. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This deviation requests to allow rip -rap treatment along the backslope of certain roadway crossings in order to minimize impacts to potential wetland and upland preserves, as well as allow the use of rip -rap stabilization for elevations up to a height of 36 inches. Approval of this deviation will allow the owners to minimize impacts to potential wetland and upland preserve areas by minimizing the development footprint, subsequently reducing the total amount of wetland impacts required to develop the subject Project. Since the suggested roadways will be low - speed, low - volume and limited in length, this is a reasonable deviation. Stafjl`'Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived_ without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "iustified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 13 seeks relief from LDC Section 5.05.04.D.1 which allows a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling that are part of an aging -in -place living environment. Petitioner's Rationale: The petitioner provided the following justification for this deviation: Market studies on the desires of people moving into these types of facilities have shown that a larger unit is often desired. In order to offer a competitive product that is marketable to an aging sector, the applicant requests a maximum floor area ratio of 0.60 which is similar to other approved continuing care retirement communities in this area. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. As noted by the petitioner, this allowance has been approved in other projects. PUDA- PI2011 -47: Sabal Bay MPUD Page 12 of 22 December 15, 2011 CCPC Revised: 11130/11 Packet Page -175- 3/13/2012 Item 9.A. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safetv and welfare of the community," and LDC Section 10.02.13.B 5 h the petitioner has demonstrated that the deviation is "iustified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 14 seeks relief from LDC Sections 5.06.02 and 5.06.04 to allow entrance signs up to 120 square feet. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This previously approved deviation is requested to add the entrance signs to be located on Hamilton Avenue as previously approved for the entrances on U.S. 41, Thomasson Drive, and Bayshore Drive. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. As noted by the petitioner, this deviation is already approved for the project's other entrances. Zoning and Land Development Review staff recommends APPROVAL of this deviation finding that, in compliance with LDC Section 10.02.13A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community," and LDC Section 10.02.13.B 5 h the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 15 seeks relief from LDC Section 50.03.02 to allow fences or walls separating commercial uses from residential areas to be permitted at a height of up to eight feet (8') on top of a berm of up to four feet (4') in height. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This is needed since much of the land within the MPUD is low -lying and given that appropriate buffering is needed between different land uses. This deviation will benefit the public welfare by allowing for enhanced buffering. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation finding that, in compliance with LDC Section 10.02.13-A.3. the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health_ safety and welfare of the community," and LDC Section 10.02.13.B 5 h the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUDA- PL2011 -47: Sabal Bay MPUD Page 13 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -176- 3/13/2012 Item 9.A. FINDINGS OF FACT: PUD Findings: LDC Subsection 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" (Staff's responses to these criteria are provided in bold font): 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. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may 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. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area, subject to approval of the recommended limitation of staff, the proposed development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. PUDA- PL2011 -47: Saba( Bay MPUD December 15, 2011 CCPC Revised: 11/30/11 Packet Page -177- Page 14 of 22 3/13/2012 Item 9.A. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. Additionally this petition represents an amendment to an approved PUD; no acreage or intensity or density is being added. 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. The petitioner is seeking 15 deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of all deviations. Rezone Findings: LDC Subsection 10.03.051 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME. Therefore, staff recommends that this petition be deemed consistent with the GMP subject to staffs conditions of approval. 2. The existing land use pattern; PUDA- PL2011 -47: Sabal Bay MPUD Page 15 of 22 December 15, 2011 CCPC Revised: 11130/11 Packet Page -178- 3/13/2012 Item 9.A. Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. The applicant's request is consistent with the proposed GMPA. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; PUDA- PL2011 -47: Sabal Bay MPUD Page 16 of 22 December 15, 2011 CCPC packet Page -179 - Revised: 11/30/11 g 3/13/2012 Item 9.A. The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; 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 contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staffs conditions of approval are adopted, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity PUDA- PL2011 -47: Sabal Bay MPUD Page 17 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -180- 3/13/2012 Item 9.A. of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 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. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NM: The NIM meeting was duly noticed by the applicant and held on September 12, 2011. Members of the project team that were present include Patrick Utter, Valerie Pike, Bruce Anderson, Margaret Perry, John English, Reed Jarvi, and Andy Woodruff. Kay Deselem, Collier County Principal Planner also attended. Approximately 22 members of the public were also in attendance. Margaret Perry of WilsonMiller Stantec welcomed those in attendance and provided an overview of the requested PUD amendment application. The project was originally approved in 1986 and the most recent amendment to the project was approved in 2005. The project is approved for the maximum development of up to: 1,999 residential dwelling units, 200,000 square feet of retail, 60,000 square feet of office, and 250 hotel rooms. Ms. Perry summarized what is already PUDA- PI 2011 -47: Sabal Bay MPUD Page 18 of 22 December 15, 2011 CCPC Revised: 11130/11 Packet Page -181- 3/13/2012 Item 9.A. approved for the project. There is no change proposed for the existing, approved development parameters. Summary of the proposed changes are as follows: • The elimination of the golf course • The addition of 2 access points — one on US 41 lining up with St. Andrews Boulevard and one at Hamilton Avenue • Revision to the allowed height of potential continuing care retirement uses from 3 stories to 80 feet in the residential areas; and also allowing a floor area ratio of 0.6 for this use • Inclusion of car washes and post office as an allowed use in the recreation/village center area • Inclusion of outside storage areas (excluding boats) and telecommunications facilities as allowed uses • Changes to some of the conditions of approval Patrick Utter then provided a more detailed overview of the proposed master plan for the project and fielded questions from the audience. Questions asked/issues raised: Will the trails be available for public use? Response: This will be a gated community and the trails will not be open to the general public. After a question from a member of the audience, Mr. Utter provided clarification of the location of the preserve areas. Why the need for 80 feet height for CCRC /ALF facility(ies)? Response: Based on market research for these types of facilities and the needs of the residents, more compact, vertical facilities are desired, similar to those found in Moorings Park. Also noted that there is no confirmation at this time that there will be a CCRC /AFL in the project; it is a proposed use. There was concern voiced regarding the height for this potential facility if located near existing residential dwelling units and also the long term effect of tall buildings to the East Naples area. Mr. Utter clarified that the project is approved for 1,999 units and 340 have already been committed for a portion of the project located north of Thomasson Drive, leaving 1,659 units for the remaining residential area within the project. Is the R7 area noted on the master plan going to be residential? Response: Yes. Given this fact, won't this provide an increase in traffic on Hamilton Avenue given the proposed new access point? Response: Better traffic circulation should be the result. Instead of residents exiting onto U.S. 41 or Thomasson Drive and going around to go down Bayshore Drive, this access will provide residents the ability to access the Hamilton Harbor Marina without traveling miles to reach the destination. Mr. Utter explained that there are currently about 200 members of Hamilton Harbor Yacht Club, and they have the ability to provide membership for 600 members and hopefully, some residents of Sabal Bay will choose to become members. Mr. Utter explained that single family lot sizes will vary throughout the project with average lots width ranging from 45 feet to 120 feet. PUDA- PL2011 -47: Sabal Bay MPUD Page 19 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -182- 3/13/2012 Item 9.A. Will there be access to the project from Bayshore Drive? Response: Yes. These are not new access points but are already approved. Entrances to the project from Bayshore Drive will be gated. Where will the access points be during the construction phase of the project? There was concern regarding large truck traffic during the construction phase. Response: The definite location for construction traffic access is not yet finalized and will have to be coordinated with the County Transportation Department. Construction of the first phase of development is expected to begin at the main project entrance on U.S. 41 located south of the Lely Main Canal and will probably wrap around behind the existing shopping center. The clubhouse /recreation center will be part of the first phase of development. Construction project entrance could be from the Thomasson Drive access point. Could there be another developer who actually develops the project? Response: That is a possibility; however, if a future developer desires changes to the existing development parameters, they would have to go through a PUD amendment process again. Will this project have any effects on the existing Avalon Elementary School or East Naples Community Park? Response: A site for a middle school has already been designated within the project and that property is currently owned by the School District. No negative effects to either of the facilities are projected. Discussion occurred regarding increases in traffic on Hamilton Avenue and Bayshore Drive as a result of the project and other development in the area including Naples Botanical Garden. Could the access onto Hamilton Avenue be strictly for access to the marina and not to the transportation network? Response: This may not be possible due to environmental constraints. What is the projected timeframe for the project? Response: Market will determine; it's probably a 10 -15 year timeframe. Discussion occurred regarding improvements to the Avalon Canal including the 10 foot buffer on either side. The timing for these improvements is not yet known and the County will be responsible for ongoing maintenance. How will this project affect the drainage in the Bayshore area? Response: This project does not outfall into the Avalon Canal and should not affect the drainage in the area. What type of fence will be provided? Response: Not finalized at this time but a black, vinyl, chain -link fence is foreseen. Mr. Utter explained that portion of the project is within the existing MSTU and CRA and will provide increase in revenues via taxes for improvements within the MSTU and CRA. The applicant has been coordinating with CRA staff and hopes to come to agreement on conditions of approval that will be beneficial to projects within the CRA. PUDA- PL2011 -47: Saba[ Bay MPUD Page 20 of 22 December 15, 2011 CCPC Revised: 11130/11 Packet Page -183- 3/13/2012 Item 9.A. ENVIRONMENTAL ADVISORY COUNCIL (EACI RECOMMENDATION• The EAC reviewed this project on November 2, 2011. The EAC voted 5 to 0 to recommend approval subject to the following conditions: 1. In Section 8.7.A, line 1 of the document "Sabal Bay — A Mixed Use Planned Unit Development — Exhibit A" - Deletion of the portion of line 1 stating, "Per Agreement with the Conservancy of Southwest Florida." 2. The MPUD document(s) must be revised where necessary to cite the allowed density (1.29 units per acre). 3. The applicant considers the use of pervious pavement/materials where applicable. 4. The applicant considers utilizing low level, directional exterior lighting (to protect the integrity of existing and proposed preserve areas). 5. The applicant considers incorporating Low Impact Development design standards within the project. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on November 21, 2011. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA- PL2011 -47 to the BCC with a recommendation of approval subject to the draft ordinance. PUDA- PL2011 -47: Sabal Bay MPUD Page 21 of 22 December 15, 2011 CCPC Revised: 11/30/11 Packet Page -184- PREPARED BY: I�� KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: 3/13/2012 Item 9.A. r DATE RAYMOND V. BELLOWS, ZONING MANAGER ATE DEPARTMENT OF LAND DEVELOPMENT SERVICES N LIAM D. LO NZ, JR ff., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: DATE l /,z 941 DATE Tentatively scheduled for the February 28, 2012 Board of County Commissioners Meeting PUDA- PL2011 -47: Sabal Bay MPUD December 15, 2011 CCPC Revised: 11/16/11 Packet Page -185- Page 22 of 22 I. II. III. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 2, 2011 NAME OF PETITIONER/PROJECT Petition No.: Petition Name: Applicant /Owner: Engineering Consultant: Environmental Consultant: LOCATION 3/13/2012 Item 9.A. Planned Unit Development Amendment PUDA PL2011 -047 Sabal Bay MPUD CDC Land Investments & Collier Land Development, Inc Wilson Miller Stantec Passarella and Associates, Inc. The subject property is located on the south side of Thomasson Drive, south and west of Tamiami Trail East (US -41), north and west of the Wentworth Estates PUD, and generally east of Naples Bay within Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East and Section 19, Township 50 South, Range 26 East Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES ZONING N - RMF -3, RMF- 6- BMUD -R -1 and PUD S — Rural Agriculture and PUD DESCRIPTION Thomasson Drive, then several developed residential subdivisions, including Pine - view Villas, Avalon Estates, Replat and Avalon Estates Unit 1. Hallendale; the East Naples Community Park PUD, the Botanical Gardens PUD and the Hamilton Harbor PUD Wetlands (within Sections 35 and 36), and Wentworth Estates PUD (within Section 30), being developed as Treviso Bay Packet Page -186- Item V. A. w� t� m N r 0 N M r co EAC Meeting Page 2 of 11 E - RSF -3 and RMF -12 and 16 C -4 and PUD US 41 (Tamiami Trail East), then a golf course and various developed single- and multi- family residential uses, zoned RSF -3 and RMF -12 and 16, which are interspersed within the golf course, all of which are part of the Lely Golf Estates development; there are also several C -4 and PUD zoned developed commercial tracts fronting US 41 W - PUD and RMF -6 and RSF -4 Lands within the City of Naples, Hamilton Harbor PUD, Botanical Gardens PUD and the East Naples Community Park PUD; and various RMF -6, RSF -4 zoned residential developments that front Bayshore Drive PROJECT DESCRIPTION The project was originally approved in 1986 and the most recent amendment to the project was approved in 2005. The project is approved for the maximum development of up to 1,999 residential dwelling units, 200,000 square feet of retail, 60,000 square feet of office, and 250 hotel rooms. Summary of the proposed changes are as follows: Environmentally related change: • Adding two interconnections through preserve areas, while increasing the preserves by 46 acres Overall changes: • The elimination of the golf course • The addition of 2 access points — one on US 41 lining up with St. Andrews Boulevard and one at Hamilton Avenue • Revision to the allowed height of potential continuing care retirement uses from 3 stories to 80 feet in the residential areas; and also allowing a floor area ratio of 0.6 for this use • Inclusion of car washes and post office as an allowed use in the recreation/village center area • Inclusion of outside storage areas (excluding boats) and telecommunications facilities as allowed uses • Changes to some of the conditions of approval 3/13/2012 Item 9.A. EAC Meeting Page 3 of 11 V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element: FLUE Objective 7 encourages the use of smart growth principles. The applicant has addressed several of these within the MPUD, including a diversity of housing types, provision of open spaces, pedestrian and bicycle paths, and interconnections. Based on the above analysis, Comprehensive Planning staff concludes that the proposed modifications to the MPUD may be deemed consistent with the Future Land Use Element of the Growth Management Plan. B. Conservation _ &_ Coastal Manazement Element Objective 2.2 All canals, rivers, and flow ways discharging into estuaries shall meet applicable Federal, State, or local water quality standards. Policy 2.2.2 In order to limit the specific and cumulative impacts of storm water run -off, storm water systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt should be made to enhance the timing, quantity, and quality of fresh water to the estuarine system. Non - structural methods such as discharge and storage in wetlands are encouraged. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. Objective 6.1 The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measureable. These policies shall apply to all of Collier County except for the portion of the County which is identified on the Countywide Future Land use Map (FL UAL as Rural Lands Stewardship Overlay. Policy 6 1.1 For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural /Rural Mixed Use District, Rural- Industrial District and Rural - Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non - agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management Packet Page -188- 0.0, N N V_ O N M T co EAC Meeting Page 4 of 11 conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. In accordance with Policy 6.1.1, 25 % of the existing native vegetation shall be retained on -site and set aside as preserve areas with conservation easements prohibiting further development. Pursuant to Policies 6.1.1 & 7.1.2, preserve areas have been selected based on their utilization by listed species. Preserve areas are interconnected to adjoining off -site preserves and represent the largest contiguous area possible. Objective 6.2 The County shall protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6 The following policies provide criteria to make this objective measureable. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan/Construction Plans). As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Objective 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A- 27.003, 68 ,4- 27.004, and 68A- 27.005, FAC and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17. Wildlife surveys and habitat management plans for listed species in accordance with Policy 7.1.2 have been provided. Pursuant to Policy 7.1.4, all development shall comply with applicable federal and state permitting requirements regarding listed species protection. 3/13/2012 Item 9.A. EAC Meeting Page 5 of 11 VI. MAJOR ISSUES A. Stormwater Management The Sabal Bay MPUD is located south of Thomasson Drive and west of Tamiami Trail in Collier County, Florida. The project is generally located within the Lely Main Canal Drainage basin. There are two existing drainage canals that serve existing developments upstream of the property that are either abutting the property or pass through the property. The Lely Main Canal passes through the property in a general northeast to southwest direction through the center of the property. The Lely Manor Canal is located along the southeastern property line. These existing canals will be maintained and convey off -site flows through and around the project in accordance with the Lely Area Stormwater Improvement Plan (LASIP). Within the project boundaries the existing drainage patterns are southwesterly into wetlands that sheet flow to Naples Bay. The proposed drainage patterns are through controlled discharge points into the Lely Main Canal, the Lely Manor Canal, and wetlands to the southwest for the far western portion of the project adjacent to the Hamilton Harbor development. The wet season water table elevations (control elevations) and dry season water table elevations as presented herein are subject to change and are based upon review of adjacent permits, extensive ground water data, and the permit for the LASIP. The water quality analysis modeling according to the Harper methodology is required for all projects of any consequence and will be performed as part of the permitting of this project through the SFWMD. It should also be noted that the overall system contains a series of Flow- through Marshes (FTM's) and Onsite Created Wetlands (OCW's) designed to provide water quality treatment and polishing prior to discharge into the offsite conveyance system. Additional information on the proposed FTM's and OCW's can be reviewed as part of the Sabal Bay ERP. B. Environmental 1. Site Description The project site is approximately 2,416.49 acres in size and consists of a variety of upland and wetland habitat types. Non - native habitats on -site total approximately 266.04 acres and include an existing commercial shopping center at the southwest corner of the intersection of U.S. 41 and Thomasson Drive, open water bodies and agricultural land/cleared land. Major native habitat types on the property include Packet Page -190- a) N r O N co M EAC Meeting Page 6 of 11 mangroves, pine flatwoods, and cypress /pine /cabbage palm. Also on -site are unique habitats described as scrubby pine flatwoods, xeric oak and live oak. 2. Wetlands The project contains approximately 1,470.55 acres of South Florida Water Management District (SFWMD) jurisdictional wetlands and approximately 95.85 acres of Other Surface Waters (OSW). The amount of wetlands onsite has been reduced by 24 acres since the 2005 PUD Amendment due to the LASIP on site. Wetlands on -site consist of both saltwater and fresh water systems, including mangrove swamp, cypress, wetland shrub, mixed wetland forest, hydric pine flatwoods, wax- myrtle /willow, cypress /pine /cabbage palm, mixed wetland hardwoods, willow, fresh and saltwater marsh, wet prairie, cabbage palm and saltern. Also on -site are open water systems and exotics dominated habitats. Construction of the project will result in wetland impacts to approximately 387.49 acres of on -site jurisdictional wetlands and approximately 1.3 acres of OSW. In addition, 72.51 acres have been impacted over the past five years due to the construction of the LASIP. The (SFWMD) wetland mitigation plan for the project preserves approximately 1,302 acres of native habitat on -site (61% of the project site). Wetlands with greater than 50 percent coverage by exotic vegetation are generally located on the north and eastern portions of the property, with the level of exotic infestation generally decreasing towards the southwest portion of the property. Since the site plan was designed to avoid impacts to higher quality wetlands, development is generally located on the eastern portion of the property and along U.S. 41. As part of the plan, native upland buffers and preserves will be located adjacent to proposed wetland preserves. Proposed preserves connect to preserves off -site on adjoining projects and to Rookery Bay National Estuarine Research Reserve. Adjacent projects with preserves abutting the project site include the Naples Botanical Gardens PUD, Hamilton Harbor PUD, East Naples Community Park and Wentworth Estates PUD. Seasonal water elevations for preserved wetlands will be maintained by routing surface water flows from proposed development areas through stormwater management facilities into the wetland preserves. Treated stormwater will discharge into wetland preserves as far upstream as possible. Control elevations for the stormwater management system will be established based on elevations of biological indicators of wetland water levels. These design features will ensure that surface water levels within preserved wetlands are maintained and length of inundation improved. 3/13/2012 Item 9.A. EAC Meeting Page 7 of 11 3. Preservation Requirements The site plan was designed to preserve higher quality habitats on -site and to locate development in former agricultural land and in lower quality exotic infested habitats. Specifically, the site plan minimizes impacts to saltwater wetlands on- site. Preserves are also designed to protect as much of the higher quality scrub where feasible. In accordance with section 3.05.07 of the Land Development Code and Policy 6. 1.1 of the Growth Management Plan, areas known to be utilized by listed species or that serve as corridors for the movement of wildlife through the site shall be given priority when selecting preserves. In total, the project site is approximately 2,416.49 acres in size, of which approximately 2,150.45 acres have been identified as native vegetation. The native vegetation on site was previously 2,238.07 acres, but has been reduced due to the Lely Area Stormwater Improvement Project (LASIP) improvements. In accordance with the LDC and GMP, 25% (.25 x 2,150.45 = 537.61 acres) of the existing native vegetation on -site is required to be retained. This requirement is satisfied by the 1302 acres of Preserves identified on the PUD master plan, which is an increase of 46 acres of Preserve. 4. Listed Species Listed wildlife species observed on the subject property include American alligator (Alligator mississip ienis), gopher tortoise (gopherus polyphemus), snowy egret (E rett a thula), white ibis (Endocumis albus and bald eagle (Haliaeetus leucoce halus). In addition, five listed plant species, butterfly orchid (Encyclia tampensis), inflated wild pine (Tillandsia balbisiana), stiff leaved wild pine (Tillandsia fasciculata), giant wild pine (Tillandsia utriculata), and narrow strap fern (Campyloneurum angustifolium), were observed on the property. Gopher Tortoise Active gopher tortoise burrows have been observed on the project site in association with pine flatwoods, scrubby pine flatwoods and xeric oak habitats. The listed species survey previously done in 2004, was updated in 2008 and 2010. The survey identified a total of 713 gopher tortoise burrows (447 active & 264 inactive) within the project site. Accounting for survey coverage, the total number of active and inactive gopher tortoise burrows on the project site is estimated to be 804. The estimated tortoise population on the project site is calculated to be 327. As required by the FFWCC permit, the project will preserve 75.32 acres (increased by 7 acres) of suitable gopher tortoise habitat on -site. This includes the preservation of 78.8 acres of scrub habitat (46.75 acres scrubby pine flatwoods; 32 acres xeric oak). The gopher tortoise survey will be updated approximately 90 days prior to site development. If relocation is required, it will be conducted in accordance with the Packet Page -192- EAC Meeting Page 8 of 11 FFWCC permit. The FFWCC permit allows for up to 113 additional gopher tortoises to be relocated into the preserves. Tortoise densities within the preserves are expected to remain below the permit thresholds established by the FFWCC. The gopher tortoise preserves are being managed by hand removal of exotic vegetation and controlled burning. The last prescribed burns were conducted in March and July of 2007 and February and March 2010. The last exotic vegetation maintenance was conducted in May 2011. Q Bald Eagle There are currently a total of five bald eagle nest sites within or near the Project E m that have been active within the last five years including CO -009A, CO -009B, CO -024A, CO -024B, and nest CO -028. Field observations for bald eagle N (Haliaeetus leucocephalus) nests CO -009B and CO -024A were recorded at the N nest sites from December 1, 2009 to January 26, 2010. Nesting season c i observations were conducted for the purpose of documenting nest activity, flight co patterns, roost trees, and nesting success. Nest CO -009B was monitored four times from December 1, 2009 to January 26, 2010. One adult bald eagle was observed in incubation posture when monitoring began on December 1, 2009. One adult bald eagle was observed in the nest in incubation posture during the December 21, 2009 monitoring event. During the January 12, 2010 monitoring, two adults and one chick (approximately two to three weeks old) were observed at the nest. The adults were observed brooding and feeding the chick and feeding themselves. During the January 26, 2010 monitoring, a large eaglet (approximately five weeks old) was observed feeding in the nest. Nest CO -024A was monitored four times from December 1, 2009 to January 26, 2010. Courtship behavior (i.e., copulation), incubation, and nest repair were observed at Nest CO -024A on December 1, 2009, the first day of monitoring. Two adult eagles were observed in incubation posture on December 21, 2009. Brooding and feeding of young was observed on January 12, 2010; however, it was not clear if there were one or two young. On January 26, 2010, one small chick (approximately three weeks old) was observed exercising its wings in Nest CO -024A. In accordance with the Bald Eagle Management Plan for Sabal Bay, no development (buildings, structures, utilities, lakes, roads) shall occur within 330 feet of an active bald eagle nest. No single or multifamily residences shall be constructed closer than 660 feet from a bald eagle nest. The project may include surface water management areas, lakes, detention areas, utilities, trails, and other features consistent with the Management Guidelines within 660 feet of a bald eagle nest. Please refer to the BEMP (p. E5 -9 & 10 of Preserve Area and Listed Species Management Plan) for further details. 3/13/2012 Item 9.A. EAC Meeting Page 9 of 11 Red Cockaded Woodpecker One abandoned red - cockaded woodpecker (RCW) cavity tree was observed in pine flatwoods habitat in the central portion of the property. A 14 day nesting season survey and a 14 day non - nesting season survey for RCWs were conducted on the property from April 20 through May 3, 2004 and October 15 through 28, 2004, respectively. No RCWs were observed or heard on the property. American Allikator American alligators were observed in open water habitats on the property. Four potential American alligator nests were observed on the southern most portion of the project site in association with mangroves and mixed wetland forest. Little Blue Heron, Snowy Egret Tri- Colored Heron Wood Stork and White This Little blue heron, snowy egret, tri- colored heron, wood stork, and white ibis were observed foraging on the Project site in association with Drainage Canal (FLUCFCS Code 514). No nesting sites for these species were observed. The Florida Atlas of Breeding Sites for Herons and Their Allies list no bird rookeries on the subject parcel. The nearest recorded bird rookery site is No. 620022 located along the east side of Collier Boulevard in Rookery Bay, approximately three miles away in Section 9, Township 52 South, Range 26 East. VII. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Planned Unit Development Amendment PUDA PL2011 -047 Sabal Bay PUD on October 17, 2011. VIII. RECOMMENDATIONS Staff recommends approval of Planned Unit Development Amendment PUDA PL2011 -047 " Sabal Bay PUD." Packet Page -194- Q ai E N 0 N M r co EAC Meeting Page 10 of 11 SENIOR ENVIRONMENTAL SPECIALIST LAND DEVELOPMENT SERVICES DEPARTMENT STORMWATER AND ENVIRONMENTAL PLANNING SECTION JA MCKENNA, P.E. ENGINEERING GINEERING REVIEW MANAGER LAND DEVELOPMENT SERVICES DEPARTMENT ENGINEERING REVIEW SERVICES SECTION KAY 6E' SELEM, AICP P' %t PRINCIPAL PLANNER LAND DEVELOPMENT SERVICES DEPARTMENT ZONING SERVICES SECTION DATE DATE Ic)-� ? -1, DATE 3/13/2012 Item 9.A. EAC Meeting Page 11 of I 1 REVIEWED BY: JERRY KURTZ, P.E. DATE LAND DEVELOPMENT SERVICES DEPARTMENT MANAGER, STORMWATER AND ENVIRONMENTAL PLANNING SECTION DIRECTOR LAND DEVELOPMENT SERVICES DEPARTMENT APPROVED BY: DATE NICK CASALANGUIDA " DATE DEPUTY ADMINISTRATOR GROWTH MANAGEMENT DIVISION — PLANNING AND REGULATION Packet Page -196- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 3/13/2012 Item 9.A. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net APPLICATION FOR., PUBLIC HEARIN FOR:` ® AMENDMENT TO PUD (PUDA) ❑ PUD REZONE (PUDZ) ❑ PUD TO P REZONE: (PUDZ A) NAME OF APPLICANT(S) CDC Land Investments, Inc. ADDRESS 2550 Goodlette Road North CITY Naples STATE Florida ZIP 34103 TELEPHONE # 261 -4455 CELL # FAX # 263 -4437 E -MAIL ADDRESS: putter @collierenterprises.com NAME OF APPLICANT(S) Collier Land Development, Inc. ADDRESS 2550 Goodlette Road North CITY Naples STATE Florida ZIP 34103 TELEPHONE # 261 -4455 CELL # FAX # 263 -4437 E -MAIL ADDRESS: putter @collierenterprises.com NAME OF AGENT R. Bruce Anderson of Roetzel and Andress ADDRESS 850 Park Shore Drive; Trianon Centre. 31d Floor CITY Naples STATE Florida ZIP 34103 TELEPHONE # 649 -2708 CELL # FAX # 261 -3659 E -MAIL ADDRESS: banderson@ralaw.com NAME OF AGENT Margaret Perry of WilsonMiller Stantec ADDRESS 3200 Bailey Lane, Suite 200 CITY Naples STATE FL ZIP 34015 TELEPHONE # 649 -4040 CELL # FAX # 643 -5716 E -MAIL ADDRESS: margaret.perrV@stantec.com Packet Page -197- Rs CV 0 N M M COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Cor County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net 7BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http:l/www.callierciov .net /index.aspx ?12age =774 !NAME OF HOMEOWNER ASSOCIATION: East Naples Civic Association, Inc. Att: Ted Beisler, President MAILING ADDRESS 4784 Inverness Club Drive CITY Naples STATE FL ZIP .34112 NAME OF HOMEOWNER ASSOCIATION: Windstar Master Association Attn: Debra Simpson, General Manager MAILING ADDRESS 1700 Windstar Blvd. CITY Naples STATE FL ZIP 34112 NAME OF HOMEOWNER ASSOCIATION: Bayshore Gateway Triangle CRA MAILING ADDRESS 4069 Bayshore Drive CITY Naples STATE FL ZIP 34112 NAME OF HOMEOWNER ASSOCIATION: Treviso Bay Development, LLC MAILING ADDRESS 5150 Tamiami Trail North CITY Naples STATE FL ZIP 34103 Disclosure of.Interest Information - a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 3/13/2012 Item 9.A. C;0 8Y County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. C. Name and Address % of Ownership CDC Land Investments, Inc. Officers• Thomas J. Fiood, President Robert D. Corina, Vice President and Secretary/Treasurer Michael O. Ta lor, Vice President Stockholders: Miles C. Collier 41.667% Barron G. Collier II 41.667% IUC Trust Please see information below 16.666% Collier Land Development, Inc. Officers: Miles C. Collier Director Barron G. Collier, II Director Thomas J. Flood Director and President Robert D. Corina Director and Secretary/Treasure) Stockholders: Miles C. Collier 41.667% Barron G. Collier, II 41.667% IUC Trust Please see information below 16.66601- If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership IUC Trust; Inglis U. Collier, sole beneficiary 100% Packet Page -199- N N 0 N M M Co)r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. F. 9- Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Date subject property acquired ® leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 4 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 3/13/2012 Item 9.A. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 23 24, 25, 26, 36 / 50 South / 25 East AND Section /Township /Range 19 / 50 South / 26 East Lot: Block: Subdivision: ,Plat Book Page #: Property I.D. #: Please see folio numbers attached to addressing checklist included with this submittal Metes & Bounds Description: Please see attached Legal Description 5U =e of nronertv: ft. X ft. = Total Sq. Ft. Acres 2.416.49± Address /general location of subiect property: South of Thomasson Drive south and west of U.S. 41. PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ❑ Commercial ❑ Industrial X Mixed Use (MPUD) 5 Packet Page -201- i ;I N N 0 N M COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Cor County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net I ADJACENT ZONING AND LAND USE Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Yes; the Hamilton Harbor Yacht Club located to the west of the subject property. Section /Township /Range 22, 23, 27 / 50 South / 25 East Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: Please see attached legal description of Hamilton Harbor REZONE REQUEST This application is requesting a rezone from the zoning district(s) to the zoning district(s). Note: Applicant is requesting a MPUD Amendment. Present Use of the Property: Partially developed commercial / undeveloped MPUD Proposed Use (or range of uses) of the property: Mixed Use PUD (residential /commercial) r : ic.i PUD Name: Sabal Bay MPUD Ordinance No.: 05 -59 2 Zoning Land Use PUD (Hamilton Harbor) Yacht Club PUD (Naples Botanical Gardens) Botanical Garden RSF- 3- BMUD -R1 Residential N RMF- 6- BMUD -R -1 Residential PUD (East Naples Community Park) Park RMF -6 Residential A, A -ST Vacant/undeveloped C -4 Commercial development RMF -16 Multi- family residential GC Golf course E PUD (Lely Square) Commercial development PUD (Wentworth Estates) Vacant residential and golf course W _ City of Naples PD (Hamilton Harbor) Yacht club and preserve Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Yes; the Hamilton Harbor Yacht Club located to the west of the subject property. Section /Township /Range 22, 23, 27 / 50 South / 25 East Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: Please see attached legal description of Hamilton Harbor REZONE REQUEST This application is requesting a rezone from the zoning district(s) to the zoning district(s). Note: Applicant is requesting a MPUD Amendment. Present Use of the Property: Partially developed commercial / undeveloped MPUD Proposed Use (or range of uses) of the property: Mixed Use PUD (residential /commercial) r : ic.i PUD Name: Sabal Bay MPUD Ordinance No.: 05 -59 2 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 3/13/2012 Item 9.A. CO er COUxty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collierggv.net EVALUATION CRITERIA.:.' Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.11) 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 proposed MPUD amendment is consistent with the locational criteria set forth on the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Furthermore, it is consistent with all the applicable goals, objectives, and policies (GOPs) related to access, drainage, water, sewer, utilities, and so forth. The project site is suitable for the type and pattern of development proposed. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documentation submitted with this application provides evidence of unified control. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub- district, policy or other provision.) The proposed MPUD amendment conforms to the applicable GOPs of the GMP. The subject property is located in the Urban Coastal Fringe Subdistrict as identified on the FLUM of the FLUE. The purpose of the Urban Coastal Fringe Subdistrict is to provide for transitional densities between the Conservation designated areas and the remainder of the Urban designated area. Rezones are recommended to be in the form of a Planned Unit Development. See Statement of Compliance contained in the Sabal Bay MPUD Document. There are no proposed changes to the density or intensity of the approved project. Packet Page -203- N O N M M Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collier-gov.net 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. Except for the inclusion of a car wash and post office within the RecreationNillage Center area, and outside storage areas for recreational vehicles, boats, and trailers and telecommunication facilities as general uses, the proposed MPUD amendment does not present a change in the existing, approved uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project exceeds the provisions of the Land Development Code. Preserves, lakes, recreation tracts, buffer areas, and open space areas within residential tracts within the MPUD will satisfy the 30% open space requirements for mixed use development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the permitting of the proposed development coincides with the programming of the County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities and other facilities can be provided. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, in this context, implies appropriate supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards; and sufficient road capacity to support demands from urban development. Relative to this MPUD amendment application, development of the subject property is timely because supporting infrastructure is available, or will be in place by the time permitting of the proposed improvements is complete. It should be noted that transportation concurrency for this project is vested and the developer is entitled to a Certificate of Public Facilities for Transportation for up to 1,766 dwelling units, assuming compliance with the provisions set for in the Saba[ Bay MPUD. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The development standards in the proposed MPUD document are consistent with residential and commercial development standards from the land development code. Approved and proposed deviations from the LDC can be found in Exhibit C to the MPUD document. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 3/13/2012 Item 9.A. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect aroaerty: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? [] Yes ®No If so, please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to s cessary information to continue rocessin or otherwise active) ursue the rezoning For a period of six (61 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.0.) 9 Packet Page -205- I N C14 T- C) N M M COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Co-r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. 14 3/13/2012 Item 9.A. Co er county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 PLANNING AND REGULATION www.collieraov.net PUD AMENDMENT (PUDA) - PUD REZONE (PUDZ) - PUD to PUD REZONE (PUDZ -A). APPLICATION SUB. MITTAL CHECKLIST , THIS COMPLETED CHECKLIST SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED ATTACHED INCOMPLETE SUMBITTA S WILL NOT BE BELOW W /COVER SHEETS A ACCEPTED. # OF NOT REQUIREMENTS COPIES REQUIRED REQUIR SYAt7Dr4iCi Rl:GiUIREMEIVTS ._ x .w ta' +fit �` .`r' , X 1 Additional set if located in the Bayshore /Gateway Trion le Redevelopment Area) 1 Additional set for School Board Review (if contains residential components) 1 x NOTE: Please see allached correspondence from School District ® ❑ Copies of detailed description of why amendment is necessary 12 NOTE: Please see cover letter Completed Application (download application from web for current form) 12 ® El PUD Document & Conceptual Master Site Plan 24" x 36" and One 8 1/2" x 1 1" copy PO Revised Conceptual Master Site Plan 24" x 36 "and One 8 1/2" x 11 " copy 12 0 Original PUD doc /ord and Master Plan 24" x 36" — ONLY IF AMENDING THE PUD 12 ® ❑ NOTE: 24 x 36 of existing master plan — 2 copies er re-apg meeting ® El PUD document with changes crossed thru & underlined 12 Revised PUD document w /amended Title page w /ord #'s, LDC 10.02.13.A.2 ❑ 3 ® Deed NOTE: Of property affected per pre -app meeting 2 List identifying Owner & all parties of corporation 2 Owner /Affidavit signed & notarized 2 1j4 Covenant of Unified Control 2 ® ❑ Completed Addressing checklist ® El Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption 2 ' ustification 4 ® ❑ Historical Survey or waiver request NOTE: can be previous version per pre -app meeting 4 ❑ Utility Provisions Statement w /sketches 4 ❑ Architectural rendering of proposed structures 4 ® ❑ Survey, signed & sealed NOTE: sketch and description per pre-app meeting Statement (TIS) with applicable fees. For TIS guidelines & procedures refer to 4 ® ❑ Traffic Impact htt :Hwww.colliergov.net/Ind5x.aspx?12age =566 and CD containing TIS (1 re wired) ® ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1 " =400' 5 NOTE: Included with the EIS 4 ® ❑ Electronic copy of all documents in Word format and plans (CDRom or Diskette) 4 x Justification /rationale for the deviations (must be on a separate sheet within the application material; DO NOT include it in the PUD document)1 ® ❑ Copy of Official Interpretation and /or Zoning Verification NOTE: Not applicable for this application 15 Packet Page -207- a N N O N co r co COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Coer County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net School Impact Analysis Application — residential projects only 1 Z 1 ® ❑ If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas - Applicant must contact Mr. Gerry J. Lacovera, State of Florida Division of Forestry @ 239 - 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. NOTE: Copy of application and related information will be sent to Robin Singer, Planning Director, City of Naples 110 3/13/2012 Item 9.A. ALL OF SECTION 25 AND PART OF SECTIONS 23, 24, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND PART OF SECTION 19 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (Containing 2,416.49 Acres ±) Sabal Bay P.U.D. Boundary All of Section 25 and part of Sections 23, 24, 26 and 36, Township 50 South, Range 25 East, and part of Section 19 Township 50 South, Range 26 East, Collier County, Florida and being more particularly described as follows; Beginning at the Northeast Corner of Section 25, Township 50 South, Range 25 East, Collier County, Florida; Thence along the East Line of Said Section 25 South 00 °22'18" West 2,687.69 feet; Thence continue along the east line of said Section 25 South 00 020'37" West 2,685.56 feet to the Southeast Corner of said Section 25; Thence along the East line of Section 36 South 00 °19'56" West 1,518.00 feet; Thence North 87 028'51" West 5,326.38 feet; Thence North 00 °14'25" East 1,254.17 feet to the North West Corner of Said Section 36; Thence along the south line of Section 26 South 89 032'22" West 2,696.15 feet; Thence continue along the South line of Said Section South 89 029'09" West 2,696.69 feet to the Southwest corner of said Section 26; Thence along the West line of said Section 26 North 00 °22'46" East 2,689.10 feet; Thence continue along the West line of said Section 26 North 00 022'20" East 2,690.20 feet to the Northwest Corner of Said Section 26; Thence along the West Line of Section 23 North 00 006'08" West 1345.66 feet; Thence continue along the West line of Said Section 23 North 00 007'16" West 693.72 feet; Thence North 89 029'07" East 469.67 feet; Thence North 00 °04'49" West 453.06 feet; Thence North 89 030'33" East 916.44 feet; Thence North 00 °31'29" West 567.34 feet; Thence North 89 °27'53" East 300.00 feet; Thence South 00 °32'07" East 60.00 feet; Thence North 89 °28'59" East 980.33 feet to the West line of the plat of Naples Groves and Truck Co's Little Farms No 2 (Lots 67 -69), as recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. Thence along said West line South 00 046'37" East 308.52 feet; Thence continue along said West line South 00 040'46" East 673.87 feet to the Northwest Corner of Lot 70, of said Naples Groves and Truck Co's Little Farms No 2; Thence along the North line of Said Lot 70 North 89 °27'07" East 1,322.10 feet to the North East Corner of Said Lot 70; Thence along the East line of Said Lot 70 and Lot 71 of said Plat South 00 04314" East 674.00 feet to the Southeast corner of Said Lot 71; Thence along the South line of Said Lot 71 South 89 °28'25" West 1,322.26 feet to the Southwest corner of said Lot 71; Thence along the West line of Said Plat South 00 04215" East 1,347.80 feet; Thence continue along said West line South 00 020'27" West 1,344.53 feet to the Southwest corner of Lot 79 of said plat; Packet Page -209- Thence along the South line of Said Lot 79 North 89 031'43" East 1,346.87 feet to the fractional corner of said Section 26 being the Northwest corner of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Said Section 26; Thence along said fractional line South 00 °19'29" West 671.99 feet to the Southwest corner of said fractional quarter; Thence along the south line of said fractional Quarter North 89 031'42" East 673.39 feet to the Northwest corner of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2; Q Thence along the west line of said Lot 81 South 00 °12'23" West 672.16 feet to the Southwest corner of said Lot 81; E Thence along the south line of said Lot North 89 031'43" East 672.16 feet to the East line of Said Lot and a) the East line of said Section 26; Thence along the East line of said Section 26 North 00 019'29" East 2,688.11 feet to the Northeast corner of said Section 26; C) Thence along the East line of said Section 23 North 00 042'49" West 1,351.04 feet to the southeast corner N of Lot 91 of said Naples Groves and Truck Co's Little Farms No 2. C") Thence along the South line of said Lot 91 South 89 027'26" West 1,320.61 feet; M hence along the west line of Said Lot 91 North 00 047'37" West 337.27 feet; Thence along the North line of said Lot 91 North 89 °30'57" East 1,320.45 feet to the east line of said Section 23; Thence along the East line of Said Section North 00 044'44" West 1,011.86 feet; Thence Continue along said East line North 00 034'32" West 752.45 feet to the Southwest corner of that land described in Official Record Book 1027, page 678, Public Records of Collier County, Florida; : hence along the South line of said Land North 89 031'59" East 1,289.77 feet; Thence along the East line of said Land North 00 °42'37" West 1,890.79 feet to the south Right of Way Line of Thomasson Drive (100 Right Of Way); Thence along said Right of Way Line North 89 °35'12" East 1399.52 feet; Thence continue along said Right of Way line North 89 035'12" East 2855.89 feet to an intersection with the westerly Right of Way line of US 41 (Tamiami Trail) (State Road No. 90); hence along said Right of Way of US41 of South 39 003'59" East 1266.82 feet; Thence continue along said Right of Way South 39 °03'59" East 5,465.08 feet to a point at the intersection of said westerly Right of Way and the South line of Section 19, Township 50 South, Range 26 East, Collier County, Florida; Thence along the South line of said Section 19 South 88 013'29" West 1,636.98 feet; Thence continue along said South line South 88 °23'16" West 2,491.52 feet to the POINT OF BEGINNING. Less and excepting there from the waters of Tide Creek located on the west line of Section 23. Subject to easements and restrictions of record. Containing 2,416.49 acres more or less. Hearings are based on the North Line of Section 19 being North 89 °42'24 "East - Florida State Plane - -ast Zone 83 -90 Adjustment Not valid unless embossed with the Professionals Seal REF. W.O.: N0229- 200 -502 Date: 5 -12 -08 5/12/2008 - 202699 - Vey 1 - GLAND N0229 -200 -502 - - 0 SECTION I RANIZTON HARBOR Legal Description 3/13/2012 Item 9.A. All that part of Sections 22, 23 and 27, Township 50 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the southeast comer of said Section 22; thence along the east line of said Section 27, South 00 °23'12" West 2328.64 feet; thence leaving said section line South 8999 18" West 1290.14 feet; thence North 00 °27'34" West 331.71 feet, thence northeasterly 846.91 feet along the arc of a tangential circular curve concave to the southeast having a radius of 800.00 feet through a central angle of 60'39'19" and being subtended by a chord which bears North 29 °52'06" East 807.91 feet to a point of reverse curvature; thence northerly 1011.26 feet along the arc of a tangential circular curve concave to the northwest having a radius of 750.73 feet through a central angle of 77'10'46" and being subtended by a chord which bears North 21 036'21 " East 936.52 feet; thence North 16 059'02" West 450.59 feet; thence North 50 °00'29" East 226.72 feet thence northeasterly 113.41 feet along the arc of a tangential circular curve concave to the northwest having a radius of 150.00 feet through a central angle of 43 °19'08" and being subtended by a chord which bears North 28 °26'43" East 110.73 feet to a point of compound curvature; thence northerly 320.89 feet along the arc of a tangential circular curve concave to the west having a radius of 480.00 feet through a central angle of 38'18'13" and being subtended by a chord which bears North 12 °21'57" West 314.95 feet to a point of reverse curvature; thence northerly 109.67 feet along the arc of a tangential circular curve concave to the east having a radius of 100.00 feet through a central angle of 62 150'20" and being subtended by a chord which bears North 00 °05'54" West 104.26 feet to a point of reverse curvature; thence northeasterly 171.22 feet along the are of a tangential circular curve concave to the west having a radius of 180.00 feet through a central angle of 54 °30'00" and being subtended by a chord which bears North 04'04'16" East 164.83 feet; thence North 23 °10'44" West 123.01 feet; thence northwesterly and easterly 197.05 feet along the arc of a tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 112 °54'00" and being subtended by a chord which bears North 33 °16'16" East 166.68 feet; thence North 89 °43'16" East 110.00 feet; thence easterly and northwesterly 213.10 feet along the arc of a tangential circular curve concave to the northwest having a radius of 100.00 feet through a central angle of 122 °06'00" and being subtended by a chord which bears North 28 °40'16" East 175.01 feet to a point of reverse curvature; thence northerly and northeasterly 78.69 feet along the arc of a tangential circular curve concave to the east having a radius of 50.00 feet through a central angle of 90'l 0'20" and being subtended by a chord which bears North 12 °42'26" East 70.82 feet; thence North 57 °47'36" East 67.46 feet; thence northerly and northwesterly 194.01 feet along the arc of a tangential circular curve concave to the west having a radius of 75.00 feet through a central angle of 148° 12'45" and being subtended by a chord which bears North 16118'46" West 144.27 feet; thence South 89 °34'51" West 30.00 feet; thence westerly and southwesterly 157.08 feet along the are of a tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 90 °00'00" and being subtended by a chord which bears South 44 °34'51" West 141.42 feet; thence South 00 °25'09" East 169.99 feet; thence southwesterly 62.98 feet along the arc of a tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 72 °10'28" and being subtended by a chord which bears South 35 140'05" West 58.90 feet; thence South 71 °45'19" West 116.04 feet; Packet Page -211- thence southwesterly and southerly 248.54 feet along the arc of a tangential circular curve concave to the southeast having a radius of 150.00 feet through a central angle of 94 °56'03" and being subtended by a chord which bears South 24 °17'18" West 221.07 feet; thence South 23 °10'44" East 123.01 feet; thence southerly and southwesterly 101.05 feet along the arc of a tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 115 °47'41" and being subtended by a chord which bears South 34 °43'14" West 84.71 feet to a point of compound curvature; thence northwesterly 256.08 feet along the arc of a tangential circular curve concave to the northeast having a radius of 220.00 feet through a central angle of 66 °41'32" and being subtended by a chord which bears North 54 °02'10" West Q 241.87 feet; thence North 20 °41'24" West 195.01 feet; E thence northeasterly 312.33 feet along the arc of a tangential circular curve concave to the east having a radius of 280.00 a) feet through a central angle of 63 °54'40" and being subtended by a chord which bears North 11° 15'56" East 296.39 feet to a point of reverse curvature; N thence northeasterly, northerly and northwesterly 516.02 feet along the arc of a tangential circular curve concave to the C:) west having a radius of 300.00 feet through a central angle of 98 °33'08" and being subtended by a chord which bears N North 06 °03'18" West 454.72 feet; C7 thence North 55 °19'52" West 528.65 feet; thence North 02 °23'16" East 275.02 feet ; Ch thence northeasterly 77.62 feet along the arc of a tangential circular curve concave to the southeast having a radius of 50.00 feet through a central angle of 88 °57'04" and being subtended by a chord which bears North 46 °51'48" East 70.06 feet to a point of reverse curvature; thence northeasterly 731.46 feet along the arc of a tangential circular curve concave to the north having a radius of 1200.00 feet through a central angle of 34 °55'29" and being subtended by a chord which bears North 73 052136" East 720.19 feet to a point of reverse curvature; thence northeasterly, northerly and northwesterly 134.88 feet along the arc of a tangential circular curve concave to the west having a radius of 50.00 feet through a central angle of 154 °3346" and being subtended by a chord which bears North 20 °52'02" West 97.55 feet to a point of reverse curvature; thence westerly and northeasterly 71.3 I feet along the arc of a tangential circular curve concave to the northeast having a radius of 35.00 feet through a central angle of 116 °44'18" and being subtended by a chord which bears North 39 °46'46" West 59.60 feet; thence North 18 °35'23" East 68.45 feet; thence North 13 °49'59" East 340.07 feet; thence North 07 °00'50" East 161.59 feet; thence North 82 °59'10" West 35.00 feet; thence North 07 °00'50" East 14.74 feet; thence North 89 °18'51" East 527.45 feet; thence South 00 °13'12" East 335.51 feet; thence North 89 °24'52" East 1333.23 feet; thence North 00 °32'30" West 30.00 feet; thence North 89 °24'52" East 50.00 feet; thence South 00 °32'30" East 537.45 feet; thence south 89 °2924" West 916.48 feet; thence South 00 °06'04" East 453.00 feet; thence south 89 °29'24" West 470.01 feet; thence South 00 °06'04" East 2039.29 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 124.33 acres more or less. AND: All that part of Section 27, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows; Commencing at the Northeast comer of said Section 27; thence along the east line of said Section 27 South 00'23'12" West 2690.18 feet to the Point of Beginning of the parcel herein described; thence continue along said Section line South 00 °23'14" West 2689.01 feet to the South line of said Section 27 thence along said South line South 89 °31'09" West 758.84 feet; 3/13/2012 Item 9.A. thence leaving said Section line along a Bulkhead line per Collier County Bulkhead line Book 1, page 3, O.R. Book 1143, pages 1303 -1304, Collier County, Florida in the following four described courses; 1) Northerly 956.29 feet along the arc of a tangential circular curve concave to the east having a radius of 4446.88 feet through a central angle of 12 °19'17" and being subtended by a chord which bears North 00 °07'24" East 954.45 feet; 2) North 06° 17'02" East 770.62 feet; 3) Northerly and Northwesterly 656.57 feet along the are of a tangential circular curve concave to the Southwest having radius of 517. 14 feet through a central angle of 72 °44'36" and being subtended by a chord which bears North 30'05'16" West 613.35 feet to a point of reverse curvature; 4) Northwesterly and Northerly 549.88 feet along the are of a tangential circular curve concave to the Northeast having a radius of 477.36 feet through a central angle of 66 °00'00 "and being subtended by a chord which bears North 33 °27'33" West 519.98 feet to the South line of Government Lot 1 thence along the South line of said Government Lot 1 and leaving said Bulkhead line North 89 °32' 16" East 1284.80 feet to the Point of Beginning of the parcel herein described. Subject to easements, reservations, rights -of -way and restrictions of record. Containing 51.11 acres more or less. Bearings are based on the east line of said Section 27 being South 00'23'13 West (per State Plane Coordinate System, Florida East Zone, NAD 83 Adjustment). Total Parcel Contains 175.44 Acres more or less. Packet Page -213- i N N T- C) N M r M .010- n�\°�a``y T r�s'Pa�e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Cor County AFFIDAVIT 3/13/2012 Item 9.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net I, Robert D Corina Vice President and Secretoa1 reasurer of CDC Land Investments, Inc. (CDC) being first duly sworn, depose and say that CDC, together with Collier Land Development. Inc. h the owner of the property described in Exhibit B -1 and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner I further authorize R Bruce Anderson of Roetzel and Andress and Margaret P2rry of WilsonMiller Stantec to act as my representative in any matters regarding this Petition. CDC Land Investments, Inc. Signature of Property Owner Robert D. Corina Typed or Printed Name of Owner Vice President Title The foregoing instrument was acknowledged before me this 2,0 day of 2011, by Robert D. Corina who is personally known to me or has produced 1 as identification. State of Florida County of Collier SABINA E. HARDY MY COMMISSION # EE 022300 EXPIRES: 00101301 28.2014 � Q? Bonded Ttw Nntery Pubk Underwriters 10 `(Signature of Notary Public — State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Page -215- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Co r county AFFIDAVIT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieruov.net Q 1, Robert D Coring Yice President and Secretarx f Treasurer of Collier Land Develolment„ Inc. , LCLDI being first duly sworn, depose and say that CLD. together with CDC Land Investments Inc.. E is the owner of the property described in Exhibit B -1 and which is the subject matter of the N proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made V- a part of this application, are honest and true to the best of our knowledge and belief. I C) understand that the information requested on this application must be complete and accurate and N � j that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required cM information has been submitted. As property owner I further authorize R. Bruce Anderson of Roetzel and Andress and Margaret Perry of WilsonMiller Stantec to act as my representative in any matters regarding this Petition. Collier Land evelopment, Inc. Signature of Property Owner Robert D. Corina Vice President Typed or Printed Name of Owner Title The foregoing instrument was acknowledged before me this " O day of 2011, by Robert D. Corina who is personally known to me or has produced as identification. State of Florida County of Collier """�,,� WWA E. HAMY I ' I. MYCOtlISMN�EE=3W 's %15 ;.e EXPIRES. Octwer 28, 2014 .0d0 Bonded TIn Notary Pubs UnOmden I (Signature of Notary Public — State of Florida) (Print, Type, or Stamp Commissioned -,,. 3/13/2012 Item 9.A. wilsonmiller 3200 Bailey Lane, Suite 200 Naples, FL 34105 Tel: (239) 549 -4040 VEXHIBIT "B -1" Zo Legal Description of All of Section 25 and part of section 23, 24, 26 and 36, Township 50 Sough Range 25 East and part of Section 19, Township 50 South, Range 26 East, Collier County, Florida (Saba! Bay) Revised 03/28/11 Beginning at the Northeast Comer of -Section 25, Township 50 South, Range 25 EasL Collier County, Florida Thence along the East Line of Said Section 25 South 00 °22'18" West 2,687.69 feet; Thence continue along the east line of said Section 25 South 00 °2937" West 2,685.5E feet to the Southeast Corner of said Section 25; Thence along the East line of Section 36 South 00 °19'56" West 1,518.00 feet; Thence North 87 °28'51" West *5,326.38 feet; Thence North 00 °14'25' East 1,254.17 feet to the North West Corner of Said Section 36; Thence along the south tine of Section 26 South 89 °32'22" West 2,696.15 feet; Thence continue along the South line of Said Section South 89 °29'09" West 2,696.69 feet to the Southwest comer of said Section 26; Thence along the West line of said Section 26 North 00 °22'46" East 2;689.10 feet; Thence continue along the West line of said Section 26 North 00'22'20" East 2,690.20 feet to the Northwest Corner of Said Section 26; Thence along the West Line of Section 23 North 00'06'08" West 669.97 feet to a point on the boundary of the waters of Tide Creek; Thence along the said waters of Tide Creek in the following sixteen (16) described courses 1) South 72'03'02" East.21.83 feet; 2) North 67'33'05" East 379.44 feet; 3) North 52 °01'13" East 129.24 feet; 4) North 33'4942" East 177.1.2 feet; 5) North 24'17'32" East 213.58 feet; 6) North 09 047'38" East 92.69 feet; 7) North 02 °23'54" West 206.58 feet; 8) North 13 937'45" West 113.65 feet; 9) South 20 °36'46" West 67.51 feet; 10) South 30 °0049" West 157.28 feet; 11) South 10 °1342" West 158.36 feet, 12) South 18'11'42" West 158.09 feet; 13) South 36'39'01" West 190.25 feet 14) South 64'23'55" West 75.17 feet; 15) South 77'23'16" West 156.99 feet; 16) North 83'17'49" West 126.98 feet to the west line of said Section 23 Thence along said west line North 00'06'08" West 417.99 feet; Thence continue along the West line of Said Section 23 North 00'07'16" West 693.72 feet; Thence North 89 °29'07" East 469.67 feet; Packet Page -217- ]EWSOUMiller Stantec Thence North 00 °0449" West 453.06 feet; Thence North 89 °30'33" East 916.44 feet; Thence North 00 "3129" West -5-67.34 feet; Thence North 89 "2T53" East. 300.00 feet Thence South 00 °32'07" East 60.00 feet; Thence North 89 °28'59 " .East 980.33 feet to the West line of the plat of Naples Groves and Truck -Co's Little Farms No .2 (Lots 67-%), as recorded in Plat Book 1, Page 27, Public Records of-Collier -County, Florida. Q Thence along said West line South 00 °46'37" East 308.52 feet; Thence Continue along said West line South 00 °40'48" East 673.87 feet to the Northwest Comer of Lot 70, of said Naples Groves and Truck Cos Little farms Not; E Thence along the North line of said•4.ot 70 North 89°2T07",East 1,322.10 feet to the ., North East Comer of said lot 70; N Thence Along the East line of-said-Lot 70 and Lot 71 of said Plat South 00 °43'14' East 674.00 feet to the Southeast corner of said Lot 71; C) Thence along the South line of-said lot 71 South 89 °2825" West 1,322.26 -feet to the C Southwest comer of said -Lot 71; \ . Thence along the West line of Said Plat South 00 °4215 "East 1,347.80 feet; ce) Thence continue along said West line South 00 °20'27" West 1,344.83 feet to the Southwest corner of Lot 79 of said plat; Thence along theZouth line of said Lot 79 North 89 °31'43 "-East 1,346.87 feet to the fractional comer of said Section 26 being the Northwest corner of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Said Section 26; Thence along said fractional line South 00 019'29" West 671.99 ,feet to the Southwest comer of said fractional quarter, Thence along the south line of said fractional Quarter North 89 °31'42" East-673.39-feet to the Northwest corner of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2; Thence along the west tine of said.Lot 81 South 00 4'12'23" West,-672.1-6 feet to the Southwest comer of said Lot 81; Thence along the south line of said Lot North 89 °31'43" .East `672:1,3 feet to the East line of said Lot and the west line of said Section 26; Thence along the East line of said Section 26 North 00° 19'29 ".East- 2,688.11 feet to the Northeast corner of said Section 26; Thence along the -East tine of said Section 23 North 00 "42'49" West 1,351.04 feet to the southeast comer of Lot 91 of said Naples Groves and Truck Go's Little-Farms No 2. Thence along the South line of said Lot 91 South 89 "27'26" West 1,320.61 feet; Thence along the west line of said Lot 91 North 00 °47'37" West 337.27 feet; Thence along the North line of said Lot 91 North 89 °30'5T'-East 1,320.45 feet to the east line of said Section 23; Thence along the East line of Said Section North 00 °44'44" West 1,011.86 feet; Thence Continue along said East line North 00°34'32" West 752.45 feet to the Southwest corner of that land described In Official Record Book 1027, page 678, Public Records of Collier County, Florida; 'thence along the South line of said Land North 89 °3159 "East 1;289.774eet; Thence along the East tine of said Land North 00°4237" West 1,012.36 feet to the southwest comer of those lands described in O.R.Book 4263, pages•2080 -2083 of the Public Records of Collier County, Florida. Thence along the South line of said described lands -for the following three (3) courses_: 1) North 89 °31'15" East 1,043.88 feet, 2 3/13/2012 Item 9.A. wtis miffer Stmt 2) 89 °31'15" East 31.72 feet; 3) 78 "27'59" East 512.59 feet to the East line of said described lands; Thence along the East line of said described lands for the following four (4) courses: 1) 129.10 -feet along the arc of a non - tangential circular curve concave west having a radius of 324.97 feet through a central angle of 22 045'41" and being subtended by a chord which bears North 19 °2473 "'East 128.25 feet; 2) 204.04 feet along the arc of a non - tangential circular curve concave east having a radius of 580.20 feet through a central angle of 20 008'57" and being subtended by a chord which bears North 12"58'41 "- East202.99feet; 3) North 51 "08'02" West 222.09 feet; 4) North 38051'58" East 212.02 feet to a point on the southerly Boundary of Sabai Bay Commercial Plat, Phase Two, as recorded in Plat Book 41, Pages 10 -11, Collier County, Florida; Thence along said Plat Boundary for the following six (6) described courses 1) South 51 "08'02" East 1081.39 feet; 2) South 38°51'58" West 11.09 feet; 3) 6.68 feet along the arc of a non - tangential circular curve concave southwest having a radius of 140.00-feet through a central angle of 02 "43`57" and being subtended by a chord which bears South 51 "4339" East 6:68 feet to a point of reverse curvature; 4) 17.47 feet along the arc of a circular curve concave northeast having a radius of 800.00 feet through a central angle of 01 01603" and being subtended by a chord which bears South,50 °59'12" East 17.47 feet; 5) North 38 934'49 "1=-ast 11.42 feet; 6) 955.71 feet along the arc of a non - tangential circular curve concave north having a radius of 820.00 feet through a central angle of 66 "46'44" and being subtended by a chord which bears South 86 "12'24" East 902.53-feet to a point on the Boundary of Sabal Bay Commercial Plat Phase One as recorded in Plat Book 38, Pages 81 -84, Collier County. Florida; Thence along said Plat Boundary for the following five (12) courses; 1) 25.05 feet along the are of a non - tangential circular curve concave southwest having a radius of 38.50 feet through a central angle of 37 917'06" and being subtended by a chord which bears South 50 °25'50" East 24.61 feet; .2) South 31 "4T17" East 59.53 feet; 3) 216.74 feet along the arc of a circular curve concave north having a radius of 135.50 feet through a central angle of 91 "38"52" and being subtended by a chord which bears South 77 °3643" East 194.36 feet to a point of reverse curvature; 4) 119.05 feet along the arc of a circular curve concave south having a radius of 138:50 feet through a central angle of 49 °1S'00" and being subtended by a chord which bears North 81 "11'21" East 115.42 feet; -5) -South 74 "11'12 "East 586.65 feet; 6) North -50055'33" East 99.61 feet; 7) 11.10 feet along the arc of a non - tangential circular curve concave -to the northwest having a radius of 20.00 feet through a central angle of 31 047'18° and being subtended by a chord which bears North 66649'12" -East 10.95-feet; 8) North 50°5633" East 17.08 feet; 9) 28.53 feet along the arc of a circular curve concave northwest having a radius of -52.00 feet through a central angle of 31 "26'25" and being subtended by a Packet Page -219- wiIsomiller Stantec chord which bears North 35 °12'20 "East 28.18 feet; Containing 2,312.81 acres more or less. Subject to easements and restrictions of record. Bearings are based on the East dine of said Section 25 being South 00 022'18" West Florida State Plane --East Zone 83 -90 Adjustment. WiIsonMiller, Inc. Registered Engineers and land Surveyors Cert' f Authorization #LB-43 By: .03128/1011 P. Maloney, PS # 493 Da e Not vZo less.embossed wit a Professionals5eal REF. 2D -122 Rev. Added Lake 4 10) North 19 °29'07" East 4.70 feet; 11) 4.39 feet along the arc of a circular curve concave southeast having a radius of 8.00 feet through a central angle of 31 °2625' and being subtended by a chord which bears North 3v °12'20" East 4.34 feet; 12) North 50"o 33" East 448.87 feet (449.00 Piat) to Westerly Right of Way line of US 41 (Tamiami Trail) (State Road No. 90);; Thence along said Right of Way South 39 003459" East°5193.20 feet; Q Thence Along the boundary of that land described in Official Record Book 2605, page 2484, Records of CollierCounty, Florida in the 'Following three (3) described courses; 1) South 88 013'29" West 373.28 feet; E 2) South 01 °46'31" East 166.40 feet; ., 3) North 88 013'29 "East500.00 feet to the Westerly Right of Way line of Said-US N r- 41; Thence along said Right of Way line South 39 003'59" East -62.85 feet to a point at the C) intersection of said westerly Right of Way and the'South line of Section 19, Township M 50 South, Range 26East, Collier County, Florida; \ Thence along the South line of said Section 19 South 88 °13'29" West 1,636.98 feet; M Thence continue along sald'South line South 88 °23'16" West 2,491.52 feet to the POINT OF BEGINNING. Containing 2,312.81 acres more or less. Subject to easements and restrictions of record. Bearings are based on the East dine of said Section 25 being South 00 022'18" West Florida State Plane --East Zone 83 -90 Adjustment. WiIsonMiller, Inc. Registered Engineers and land Surveyors Cert' f Authorization #LB-43 By: .03128/1011 P. Maloney, PS # 493 Da e Not vZo less.embossed wit a Professionals5eal REF. 2D -122 Rev. Added Lake 4 w °o 1 \ � V \ \\Jl \ I l� -- � -"\* �: sJ . 139 ff�• jt L32 91 pro 0 p N Q. J i'�yo-� lit iOCC/. .q PSJ (y�� tlp0. 22 N, ? Ng 1�-• Y• Zp._ Y Od4. Y � L w °o 1 \ � V \ \\Jl \ I l� -- � -"\* �: sJ . 139 ff�• jt L32 91 pro "r it • • u e Packet Page -221- 3/13/2012 Item 9.A. � Q N� 0 2 GNC U 0a N g Q V r o \ p g � o * � a LM s W N N T- C) N M C'7 �r`ar�. �ONM\e �e �r COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 3/13/2012 Item 9.A. C,O ev County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that the undersigned are the fee simple titleholders and owners of record of property commonly known as Sabal Bay MPUD N/A - (Street address and City, State and Zip Code) and legally described in Exhibit B -1 to the PUD document. The property described herein is the subject of an application for mixed use planned unit development (MPUD) zoning. We hereby designate R. Bruce Anderson of Roetzel and Andress L.P.A. legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives and the owner will remain the only entities to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The owner identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any regiuirements, conditions, or safeguards provided for in the planned unit development process will constitute of violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. CDC Land InA20ents. Inc. and Collier Land Development. Inc. Owner. Vice President Printed Name - Robert D. Coring STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this �-O day of , 2011 by Robert D. Corina Vice President of CDC Land Investments, Inc. and Collier Land Development, nc. who is personally known to me or has produced as identification. �SMINA E HARDY = -. MY COMMfSSiON p EE 022300 ?� 4f EXPIRES: 0001)W28.2014 8 MdedrhmNuteryPuftWdm6ter8 Notary Public (Name typed, printed or stamped) 12 Packet Page -223- i N N V- C) N M V- M COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Co.r County 3/13/2012 Item 9.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PRE - APPLICATION MEETING NOTES ❑ PUD Rezone (PUDZ) ❑ PUD to PUD Rezone (PUDZ -A) ❑ PUD Amendment (PUDA) Pl.# 20(t -- OQ4 f Date: 1 l Time: c I S Firm: ) 1 1 S 6Yt I" f i l ler tQ C_ Project Name: °+�L A� U� Size of Project Site: acres Applicant Name:- z��L�� Phone: `t- o`f Owner Name: C l l ik &t�r p F I Les Phone: Owner Address: City State ZIP. Existing PUD Name and Number OED -4 05 _52. Assigned Planne y Meeting Attendees: (attach Sign-in sheet) Meeting Notes . t SCHOOL CONCURRENCY - If the proposed project includes a residential component, you are required to contact the School District of Collier County at 239 - 377 -0267 to discuss school concurrency requirements. C�'� Sim W�>� c��n�. ►� . �'- �►v��1�, �r�� j� i� ►� r� i� (� �av� �(Ow� � (� l� (l,�c�� `�' uJ cAn � ►�Q.LN� r n t la cam" a s 5 ( GU(1>1 z.. &bc UNQU4- Packet Page -225- ki Q E a) V 0 N M M CAA Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PUD REZONE (PUDZ) j PtID to PUD REZONE (PUDZ -A) PUD AMENDMENT (PUDA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SU ABITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRE S'T'ANDARD REQUIREMENTS: ' 1 Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area 1 Additional set for School Board Review (if contains residential components) Copies of detailed description of why amendment is necessary i Completed Application (download from website for current form PUD Document & Conceptual Site Plan 24" x 36" and One 8 V2" x 11" copy Revised Conceptual Site Plan 24" x 36 "and One 8 V2" —x 11" coy 1© Original PUD document an-' *ate= —P ONLY IF AMENDING THE PUD f' �� `� P � n 1..6� f-t c 12 pC ( 2 co cs Revised PUD document with changes crossed thru & underlined IQ Revised PUD document w /amended Title page word #'s, LDC 10.02.13.A.2 ❑ Deeds ury o n 3 List identifying Owner & all parties of corporation 2 Owner /Affidavit signed & notarized 2 Covenant of Unified Control 2 Com leted Addressing checklist 00 Mort 2 Environmental Impact Statement (EIS ) * or exemption justification 2vl` y Digital/electronic copy of EIS (copy for Planner & Environmental ) 2 Historical Survey or waiver request Cc" Y2 (A out' Vas I on 4 , Utility Provisions Statement w /sketches q Architectural renderin of proposed structures q P, qppjpj SI�G� -i— a SC�'� 0,1 4 Traffic Impact Statement MS) or waiver with applicable fees ) x -Copy y of Traffic Impact Statement (TIS ) on CDROM Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project boundary 5 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Cor County 3/13/2012 Item 9.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net Electronic copy of all documents in Word format and plans (CDRom - - -- -- - -- - PARKS & REC - -Sila� or Diskette) be 2 City of Naples — Robin Singer Justification/Rationale for the Deviations (must on a separate ✓ DdMOKALEE WATER/SEWER DISTRICT 41A l sheet within the application material; DO NOT include it in the PUD �J ✓ documents PiK �7 Copies of Official Interpretations and/or Zonin g Verifications 1 School Impact Analysis Application 1 2 Affordable Housing or Economic Development Council Projects: - - -- -- - -- - PARKS & REC - -Sila� EDC "Fast Track" must submit approved copy of official application 2 City of Naples — Robin Singer nAffordable Housing "Expedited" must submit copy of signed Certificate ✓ DdMOKALEE WATER/SEWER DISTRICT 41A l of Agreement. * *If project includes an Affordable Housing component, you are required to �J ✓ schedule a meeting before the Affordable Housing Advisory Committee by PiK �7 ontacting the Collier County Housing and Human Services Department at 39- 252 -2273. ❑ Check if there are Settlement Aseements Agreement # Route to: ❑ If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239- 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a- (b)i.c. If located within '/2 mile of �iof ty Naples end copy of ubmittal ackae to: in Snger, Planning Directo City of Naples 295 Riverside Circle, Naples, FL 34102 PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: „__ —____J any +n +u� nea;rmarl nlannPr r�rinr to the due date. Forward an Gonque a to wh ..VJL SCHOOL DISTRICT - - -- -- - -- - PARKS & REC - -Sila� SUPERVISOR OF ELECTIONS City of Naples — Robin Singer DR/EMl — ENTER. MGMT — 3bn-N � .elm ✓ DdMOKALEE WATER/SEWER DISTRICT 41A l HoU St M a(>Q Utilities Engineering — ro ✓ Packet Page -227- Q of E a� N Ir- 0 N M M COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Fees Cor County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliengov.net Application Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) ❑ $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) ,l $6,000 (PUD Amen ent) + $25 per acre (or fraction of an acre ) r as foFos.ec (),+ �>fe -aPp t qs ma4 6e. ac ,,,z N t dz C � 'bC= c. ® Fire Code Review —New PUD Rezone $150, PUD to PUD Rezone $125, PUD Amendment $125 $2,250.00 Comprehensive Planning Consistency Review I� $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). 7 [ $2500.00 Environmental Impact Statement review fee A OUD�2 C-�XLCV,_ W% S vmrre►' e$1000.00 Listed or Protected Species survey review fee (when an EIS is not required) �/ a I S o o Property Owner Notification fees. Property Owner Notifications $1.50 Non - certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Attach a Separate Check for Transportation Fees (Refer to Exhibit A): $500.00 Methodology Review Fee, if required (,4 F'4 1-p *Additional Fees to be determined at Methodology Meeting y `fir �T�' �`� • Fee Total $ COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Co er County 3/13/2012 Item 9.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.B.8. Notification shall also be sent to property owners, condominium and civic associations whose members ore impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (spec►ty name) at irs expense span record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. Packet Page -229- �P t= N N O N co r M NOTES Y QLy" �6+ �E11. � c- ¢r� -'T�"� J�1rs�r��►�.� i C'�rSrsTr� 7� �,.:�y'�-1� Cc.��:.�,�'�� ,., (nn� t`-� C — i��;�, �.�.Cta cre/►�t � o�..._ '�' i nc.�.0 :.n �a ►�A t �� Q �J +Gi � Cry �1r� Cis 04 *.,-1 Q�- 7-&t3 ll , ,Q- 1% ' 09I&J2 ire kau4iie 1 c lDt ��y Vc 7 rL� Z P W �i W W Z _ O z }' a J � L L 4 lb Cd r7 c l � 0 0 J M a� � I Q z U N .O z CL CL W N N a� 'a E W a� 0 z N C 0 L a 0 E w z N N a� i� N O 0 W N cc z W 0 0) 0 U N (D N o. N C LO N Co N Q a� 0 a� U a� V) W 0- 0 Q) 0 0 U d r V, 0 d y V s 0 3 � ? 9 N r4 n l N O L� d � a eJ to p 4 J V i r�� G w � J r; d V v N � rn N s 3/13/2012 Item 9.A. s IJ � v h s V 3 d - � N r= Packet Page -231- 7 a eJ to p 4 J V i r�� G w � J r; d V v N � rn N s 3/13/2012 Item 9.A. N� s IJ � v h s V 3 d - � v N� 6 G N fi 63 O r � T� T� 1 3 � Al o� L N C 2 °- CL s �' h s 3 d - v U3 ,C oa 6 G N fi 63 O r � T� T� 1 3 � Al o� L N C 2 °- CL 9P% S R, a) C) C14 cy-) ce) ZA ( AA lche(CV4054 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Gv . , er County ADDRESSING 3/13/2012 Item 9.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (2313) 252 -5724 WWW.COI UERG0V.NE'1' ..... -.. Please complete the following and fax to the Operations Department at 239252.5724 or submit in person to the Addressing Department at the above address. Form muss b!9--signed by Addressing personnel prior to Dre- application meeting please altaty 3 c ays for pro-coming. Not all Items will apply to every project, Items in bold type are required. FOLIO NUMB>_RS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ 6L (Blasting Permit) ❑ BD (Boat pock Extension) ❑ CamivaVCircus Permit Q CU (Conditional Use) ❑ EXP (Excavation Permit) ❑ FP (Final Plat ❑ LLA (Lot Line Adjustment) ❑ PNC (Project Name Change) ❑ PPL (Plans & Plat Review) ❑ PSP (Preliminary Subdivision Plat) ❑ PUD Rezone ❑ RZ (Standard Rezone) ❑ SDP (Site Development Plan) ❑ SDPA (SDP Amendment) ❑ SDPI (Insubstantial Change to SDP) ❑ SIP (Site Improvement Plan) ❑ SIPI (insubstantial Change to SIP) ❑ SNR (Street Name Change) ❑ SNC (Street Name Change — Unplatted) ❑ TDR (Transfer of Development Rights) ❑ VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) ® OTHER PUD Amendment LE L DESCRIPTION of u ' ct property or gropertlesTmpy of lenglPhy description may be attach A (. — o. G-J,, r oiJ 0.r�.cY e C,-E ory S Z �, Z - Cw 3.�0 ..r- Ea -r- Z �n L� P -,. {S PLEASE SEE AT - TACHED LEGAL DESG1Rf��'iON. ib iC�k A 3'I — G.D —ZCo FOLIO (Property Ii7) NUMBER(s) of above (attach to, or associate with, legal description if more than one) PLEASE SEE ATTACHED LIST CF POLIO UMBERS STREET ADDRESS or ADDRESSES (as appgcable, If already assigned) LOCATION MAP must be attached showing exact location of pr0j9cV8ite in relation to nearest public road right- of-way SURVEY (copy . needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) SASAL 13AY PROPOSED STREET NAMES rf applicable) SiTE DEVELOPMENT PLAN NUMBER (for existing protects /saes only) SDP or AR # ,tiA l,• I;e'IS Packet Page -233- C� N N O N co M COLLIER COUNTY GOVERNMENT GROWTH UANAGENIENT DIVISION/ PLANNING AND REGULATION Go e-r gmxty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34704 (239) 2b2-2400 FAX a39) 252 -5724 .COI.LIERQO .N.� prof or development names proposed for, or already appearing in, condominium documents (if a indicate whetherproposed or a4sting} C pplication; Please Check One: ® Checklist's to be Faxed back ❑ Personally Ricked Up APPLICANT AIAME: ARGARR PERRY lLS NMILLER S7A EC PHONE 649 -4nAn FAX 64__ 3---571S Signature on Addressing Checklist does not constitute Project and /or Street Name and is subject to further review by the Operations Department. approval FOR STAFF USE ONLY FLN Number (Primary) 2� Folio Number Folio Number Folio Number Approved by: YL i- f!}2 pa, Date: Z ` Z / -C> Updated by: Date; IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED "` " "`h°: 3/13/2012 Item 9.A. ALL OF SECTION 25 AND PART OF SECTIONS 23, 24, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND PART OF SECTION 19 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (Containing 2,416.49 Acres ±) Sabal Bay P.U.D. Boundary All of Section 25 and part of Sections 23, 24, 26 and 36, Township 50 South, Range 25 East, and part of Section 19 Township 50 South, Range 26 East, Collier County, Florida and being more particularly described as follows; Beginning at the Northeast Corner of Section 25, Township 50 South, Range 25 East, Collier County, Florida; Thence along the East Line of Said Section 25 South 00 °22'18" West 2,687.69 feet; Thence continue along the east line of said Section 25 South 00 °20'37" West 2,685.56 feet to the Southeast Corner of said Section 25; Thence along the East line of Section 36 South 00 019'56" West 1,518.00 feet; Thence North 87 028'51" West 5,326.38 feet; Thence North 00 1425" East 1,254.17 feet to the North West Corner of Said Section 36; Thence along the south line of Section 26 South 89 032'22" West 2,696.15 feet; Thence continue along the South line of Said Section South 89 029'09" West 2,696.69 feet to the Southwest corner of said Section 26; Thence along the West line of said Section 26 North 00 022'46" East 2,689.10 feet; Thence continue along the West line of said Section 26 North 00 °22'20" East 2,690.20 feet to the Northwest Corner of Said Section 26; Thence along the West Line of Section 23 North 00 006'08" West 1345.66 feet; Thence continue along the West line of Said Section 23 North 00 °07'16" West 693.72 feet; Thence North 89 °29'07" East 469.67 feet; Thence North 00 °04'49" West 453.06 feet; Thence North 89 °30'33" East 916.44 feet; Thence North 00 °31'29" West 567.34 feet; Thence North 89 °27'53" East 300.00 feet; Thence South 00 032'07" East 60.00 feet; Thence North 89 028'59" East 980.33 feet to the West line of the plat of Naples Groves and Truck Co's Little Farms No 2 (Lots 67 -69), as recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. Thence along said West line South 00 °46'37" East 308.52 feet; Thence continue along said West line South 00 °40'46" East 673.87 feet to the Northwest Corner of Lot 70, of said Naples Groves and Truck Co's Little Farms No 2; Thence along the North line of Said Lot 70 North 89 °27'07" East 1,322.10 feet to the North East Corner of Said Lot 70; Thence along the East line of Said Lot 70 and Lot 71 of said Plat South 00 °43'14" East 674.00 feet to the Southeast corner of Said Lot 71; Thence along the South line of Said Lot 71 South 89 028'25" West 1,322.26 feet to the Southwest corner of said Lot 71; Thence along the West line of Said Plat South 00 °42'15" East 1,347.80 feet; Thence continue along said West line South 00 02027" West 1,344.53 feet to the Southwest corner of Lot 79 of said plat; Packet Page -235- Thence along the South line of Said Lot 79 North 89 °31'43" East 1,346.87 feet to the fractional corner of said Section 26 being the Northwest corner of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Said Section 26; f - ice along said fractional line South 0001929" West 671.99 feet to the Southwest corner of said fractional quarter; Thence along the south line of said fractional Quarter North 89 031'42" East 673.39 feet to the Northwest corner of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2; Q Thence along the west line of said Lot 81 South 00 01223" West 672.16 feet to the Southwest corner of 6 said Lot 81; E Thence along the south line of said Lot North 89 031'43" East 672.16 feet to the East line of Said Lot and a) the East line of said Section 26; Thence along the East line of said Section 26 North 00 019'29" East 2,688.11 feet to the Northeast corner N of said Section 26; o Thence along the East line of said Section 23 North 00 042'49" West 1,351.04 feet to the southeast corner N of Lot 91 of said Naples Groves and Truck Co's Little Farms No 2. � Thence along the South line of said Lot 91 South 89 °27'26" West 1,320.61 feet; M Thence along the west line of Said Lot 91 North 00 °47'37" West 337.27 feet; Thence along the North line of said Lot 91 North 89 °30'57" East 1,320.45 feet to the east line of said Section 23; Thence along the East line of Said Section North 00 044'44" West 1,011.86 feet; Thence Continue along said East line North 00 °34'32" West 752.45 feet to the Southwest corner of that land described in Official Record Book 1027, page 678, Public Records of Collier County, Florida; -hence along the South line of said Land North 89 °31'59" East 1,289,77 feet; Thence along the East line of said Land North 00 °42'37" West 1,890.79 feet to the south Right of Way Line of Thomasson Drive (100 Right Of Way); Thence along said Right of Way Line North 89 °35'12" East 1399.52 feet; Thence continue along said Right of Way line North 89 °35'12" East 2855.89 feet to an intersection with the westerly Right of Way line of US 41 (Tamiami Trail) (State Road No. 90); Thence along said Right of Way of US41 of South 39 °03'59" East 1266.82 feet; Thence continue along said Right of Way South 39 °03'59" East 5,465.08 feet to a point at the intersection of said westerly Right of Way and the South line of Section 19, Township 50 South, Range 26 East, Collier County, Florida; Thence along the South line of said Section 19 South 88 013'29" West 1,636.98 feet; Thence continue along said South line South 88 °23'16" West 2,491.52 feet to the POINT OF BEGINNING. Less and excepting there from the waters of Tide Creek located on the west line of Section 23. Subject to easements and restrictions of record. Containing 2,416.49 acres more or less. Bearings are based on the North Line of Section 19 being North 89 °42'24 "East - Florida State Plane - East Zone 83 -90 Adjustment Not valid unless embossed with the Professionals Seal REF. W.O.: N0229 -200 -502 Date: 5 -12 -08 5112/2009 - 202693 - Ver. 1 - GLAND N0229- 200 -502 - - 0 FLN 61837880005 00431400004 00395760000 00395440003 00431520405 00395960004 00395680203 71750001045 A00439800208 71750000305 71750002125 71750002028 71750000402 71750000020 71750000907 71750001029 7175DOOD224 71750000143 71750001061 00395680106+ 71750000101 71750000185 71750000062 61838240000 .00431520104 00431440006 OD431520502 0039550a0o5 00395720008 Packet Page -237- 3/13/2012 Item 9.A. N N O N M r M -00 Qa9e 3/13/2012 Item 9.A. Collier /Sabal Bay P.U.D. Boundary ALL OF SECTION 25 AND PART OF SECTION 23, 24, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND PART OF SECTION 19, TOWNSHIP 50 SOUTH RANGE 26 EAST. Parcel Plat Deeds S25 T50S R25E 1. Deed from Texas Industries into Collier Development Corporation dated 10/15/53 recorded in ORB 1143, page 1301 S23 T50S R25E 2. Deed from Barron Collier, Jr. and Miles Collier into Collier Development Corporation dated 5131/85 recorded in DB 31, Page 118 3. Deed from Little Farms to Collier Development Corporation dated 3/4/85 for Lots 70 and 71, Plat Book 1, Page 27, recorded in ORB 1124, Page 707 4. Deed from Little Farms to Collier Development Corporation dated 3/4/85 for Lots 70 and 71, Plat Book 1, Page 27, recorded in ORB 1124, Page 7087 5. Deed from Charles & Clara Long to Collier Development Corporation dated 5/2/85 for Lot 91, Plat Book 1, page 27 -T, recorded in ORB 1134, Page 1975 6. Special Warranty Deed for Collier Development Corporation to Hamilton Harbor, Inc dated 7/6/99 recorded in ORB 2567, Page 2937 7. Warranty Deed from Collier Development Corporation to The Botanical Garden, Inc. dated 3/15/09 recorded in ORB 2651, Page 2846 S26 T50S R25E Same as Deed 2. Deed from Barron Collier, Jr. and Miles Collier into Collier Development Corporation recorded in DB 31, Page 118 PMB 418157.1 Packet Page -239- m N 0 N M r M S36 T50S R26E Same as Deed 1. Deed from Texas Industries into Collier Development Corporation recorded in ORB 1143, page 1301 S24 T50S R25E Same as Deed 2. Deed from Barron Collier, Jr. and Miles Collier into Collier Development Corporation recorded in DB 31, Page 118 8. Corrective Special Warranty Deed from Collier Development Corporation to Collier Land Development Inc. dated 7/24/02, recorded. in ORB 3078, Page 2643 S24 T50S R25E Platted into: 9. Warranty Deed from CLD to Craven - Pelican Plat Book 38, Page 81 Bay/Rattlesnake, LLC dated 4/5/04 recorded in Saba] Bay Commercial ORB 3141, Page 242 sold to 41 THOMASSON Plat PROPERTY, LLC, in ORB 3534, Page 2606 10. Warranty Deed from CLD to BDG Rattlesnake LLC and Cay Rattlesnake, LLC recorded in OB 3326, Page 1932 sold to Building Exchange Company recorded in ORB 3714, Page 1982, deeded by Building Exchange Company to Bayrock Investment Col, recorded in ORB 3856, Page 254 conveyed to HERITAGE NAPLES, LLC dated 1/31/06 recorded in ORB 3974, PAGE 1562. 11. Special Warranty Deed from CLD to Hogan Thomasson, LLC in ORB 3554, Page 2275; Certificate of Title issued by Clerk of the Circuit Court of Collier County to TIGER INVESTMENT GROUP, INC. dated 11/19/10 recorded in ORB 4625, Page 2006 12. Special Warranty Deed from CLD to WR Development III in ORB 3914, Page 3771; Warranty Deed in Lieu of Foreclosure to REGIONS BANK dated 2/16/11 recorded in ORB 4652, Page 1837 13. Special Warranty Deed from CLD to Hammock Cove, LLC dated 2/16/02 in ORB 3983, Page 3950 Page 2 of 4 PMB 418157.1 3/13/2012 Item 9.A. Parcel Plat Deeds: 14. Special Warranty Deed from CLD to Norwood Naples Landco, Inc. dated 5/26/06 in ORB 4044, Page 2669 14. Special Warranty Deed from CLD to Norwood Naples L �andco, Inc. dated 5 /26/06 in— ORB 4044, Page 2669 15. Warranty Deed from CLD to Collier County dated 12/11/07 in ORB 4321, Page 2314 Replatted into Plat 16 Special Warranty Deed from CLD to Book 46, Page 32 Bankunited FSB in ORB 4140, Page 3275; Sabal Bay Commercial Special Warranty Deed from FDIC to Boos Plat Phase 3 Development Group recorded in ORB 4608, Page 476 conveyed to JP Morgan Chase dated 9/24/10 recorded in ORB 4608, Page 492 17. Special Warranty Deed from CLD to Bank of America dated 7/7/07 recorded in ORB 4244, Page 0542 Platted into: Plat Book 41, Page 10 Sabal Bay Commercial Plat Phase 2 S19 T50S R26E Same as Deed 2. Deed from Barron Collier, Jr. and Miles Collier into Collier Development Corporation recorded in DB 31, Page 118 18 Special Warranty Deed to Collier Enterprises from P. Michael Manning dated 5/13/93 recorded in ORB 1827, Page 8 19. Quit Claim Deed to Collier Enterprises from P. Michael Manning -dated 3/18/94 recorded in ORB 1931, Page 1023 Page 3 of 4 PMB 418157.1 Packet Page -241- N C) N M T- 00 Page 4 of 4 PMB 413157.1 20. Special Warranty Deed from CLD to Tract H Development recorded in ORB 2962, Page 1354 corrected in ORB 3078, Page 2639; Special Warranty Deed to III T HAMMOCK COVE, LCC recorded in ORB 3952, page 3502; conveyed to PRU HAMMOCK COVE LLC dated 12/20/06 recorded in ORB 4159, Page 2339 Same as Deed 8. Special Warranty Deed from Collier Enterprises to Collier Land Development recorded in ORB 2962, Page 1357 corrected in ORB 2970, Page 24, corrected in ORB 3078, Page 2643 21 Special Warranty Deed from Collier Enterprises to Collier Land Development dated 3/11/04 recorded in ORB 3524, Page 1266 22. Special Warranty Deed from Collier Land Development, Inc. to Collier Development Corporation dated 3/11/04 recorded in ORB 3524, Page 1269 Platted into: Plat Book 8, Page 20, Lely Golf Estate Tract Map Platted into: Plat Book 38, Page 81 Sabal Bay Commercial Plat S26 T50S R25E Same as Deed 2 from Barron Collier, Jr. and Miles Collier into Collier Development Corporation recorded in DB 31, Page 118 Same as Deed 1. Deed from Texas industries into Collier Development Corporation recorded in ORB 1143, page 1301 Page 4 of 4 PMB 413157.1 )dlai 3/13/2012 Item 9.A. -DEED„ -Rude this uOt9ber 1$, 195,1, 'by bn"on Cc311ier, a and ?(Sloe Collier or th-0 City of couatrk -State *-r Florida (boalw1ruIXtOr• Called th- Drmtor3)o joined by B-arbarg M. Collier, w11,0 Or � -0-4 Cojijez.. i, aril E,'ftbsj U. L Jr Collier, wife of MU'P4 jollier' (harainafter callm-Al the Wivea of OrahbOVO to Collier Development rorporatim, i Fjbt*LdA hav%ng an OfIlloo and pjaev of buainegg et Evapglaciea'- ?Iorlda (hOre1AM-tter ealled the arantec). 5- _rs, T H t A AAd Ube wive$ or tho Grantors haxgbr Lrin3fer- to Che GrsntO -v, its s:ueff-az1qr* anzi gAa th4-:f 01-Mpl.-g da dar-Zbi�'a 2-=da "At-C'ha t;� ema- of -Rr-t&i-dal -IroUdwirza, to-ts in the p ity- of NupjO_j-. Aftm 10 plat page tin -OTIS i7 17._ 3tit 12 1:9. 2, 3, 19- 6 6 7* So 10, 11; 14 13-p' 16, 17N 18, 19" 20 & 21 20, z! & 222 7 la r 3. 4. So 6,- 20, 21 '22 Packet Page -243- TV U- I / CN C) N CY') cy') 31 S ;Ity Qf NEI-ilea -------- - or��t -- v, t 21 and 22 -3 FLO cle3 J own :Of hoaplo.!�,p gcideiiAnj� 4.4 A C�b Y-zxro T�� tj,. fqfrl.4,w L -V 4.t. L ..... ..... Block, gg A. -oil MR Mtr&dgi, al A --v IT X- air-q-1 hniir- j� M Al RIP, K rig gat- MIMM �Mlw N IM -PM. pt it 41, t Wd-A L 40,20 win !Ft, wit F E-F .3 79 7 &a 3/13/2012 Item 9.A. Township, 4 South Range 25 East Section 11 rtvr (2,94) or fforthesat ouarf�r (no-;) of Northwest vZoopt thlaG povtl�n 17in Bout, b of U. A. Highway 41, df south ivii) --or go:rthveist 4uartar (NWJ) i ljorth:o jx4 s -qq _Etrtq." (k"Rj) of dopth"Rat ; qu&r ter �, (N I of E ) Southwest 4uaPttr {b WD Was t Half (ND of W M as Z Ar r (.MA ) *r Southm-ast tsar 'tar (S 3}; RA At Ulf { «d} of Rairthwest quarter J.Ww-,L) • Of Se-tholft0t Q=rUP (4wj ) th*e a 1, Quartar Soutt.waat qu'%r'U:r (g' !J} of 11orthwost qu*Lrur (NW z') of Ouartvp west Ug1p (WI) of 71utha L st a te r of P IZ a Lot's 4 and 5 4: BIQok B of Ir 11Mt .2 t Qua-t*r F j=0• zbdsr4ad In p1at Rook 2 oft page 82 or W_10'publia R&COrd'a, Of 00111or Cou t rich, Tomns to c�,q 12 A-11, Sqw-tti -and, W qIm t. -or u 3 Ishway 4;L. 1`o n3 ii2_250-80uth 05 All I-Yltg So=h =d 'West Df U. S. iu&;,Wkr of Oar- Four Or •ost Ralf -(Wj) or 1TCFr-thW,*3t g;nv_rvqr 'Q�tah= Smith 7,ga . _,r.ter 'Nor.thwpat quarter (N.Wj); Srjmjthe,ELj:t quArt,.r of N-arthwoot (Wj) . Vtruvext quartDt. SWj) *,r QuRrtO (N-ft) or 1prthvr4)jt qullng-v (MVEN; Lot3 55, 56, 57., 0., 59 and ITT of W aplos G"-.r-a anA' Truck T 'nshl 50 :vttth qqvl V Lots I and 2; That p6v�tj-.4n or ftv, t. jyl U4 g - Of B1041 Channel; Govtt, Lot P qu—toz (Sit) Of tho Souzheast auffrte'r- t-Sti) - 3 - Packet Page -245- C14 C) Q CY) CY) . —32 1 t0923 u 6-v�-e-q 1!arxwe �Li T cwr- Ot �22 1/:, a L 12, 6X06"t ill I.- int POPLiC41, 4(voll tD.-;. SR-ple '7� ;y 0,0 P4P§tLjn! -100t. LA _Z1 fist iztmvl;ei — or-a,,)t T, R. iitai 4n 14 ae�o i. 3c'uut Ra-n'oe aj �.orth Aalf -us .)jL4thqSS% Q -Itbr IV+'-) of OPT r "11"ACIF Amrmr, u.mbsr 12 to Flat r,6,r..Cr&d in PIAL Book 1,. Pa go of 1;6c, Public RbLrtf--,.--2,4 sas t 41 A4— 14'w -zhi 0 7 sit C 2f ;N! l qr i A w- -P*f rw 111P.5 P-7 J-ao t ept A t IA-t* .1 44, -. �>u T 15 --bi t -thcraor.a'a racrj;,fj6T W1.1 .......... Son, -261 -A t Tcwis ph 3/13/2012 Item 9.A n1923 Township 46 Seutit Rn.r.80, 25 Ealt saotl6ft 3� MCI South Half (50 frac t; I al Tawn!)h ILL s01Ath t 'rO.W41411 in 46 29, zzk4t �:b�.Lvn 6 -Thra 504th Half (3 2) except ilfg�iway tpwtn4b.!P-U. S*atb PmnLo .2-9, EaO Sactico 17 All exrsp-t 111-9h4gy rtzht-a-r-way. &6 Z The jbputh Half (si), ennept It 29 X4 *-Xnapt Ile-Awarka-t Subd-Lv in i.o-n gad V1, Pan& at t East Wh- 77 AU ex".pt Ri-ghwdky -Z"- i. Vot-t-L on 31 "'he -qQrth*a-i-t QUib'ba-r {IM, and the South Rskl�f 9 1 "e, -R.6fthe* 4�r th tarter } d"41,ag oil to south of 1-grthes-it .4ftasirvea t-0. prev The 4a*u-t'.-;w-;4t "A-m—rtor :19 441 h* 6A %st s rVer (S.ft) a OT the 313iLt af the Nr,�bwv-srt q4qrtar- -1 ig i ptinG rdgll Or-W 9, Packet Page -247- C) CN CY) T- (Y) Lt -�4 5 � wt t -i-tinf-a _UAW Ic. t -fnlrd�y, k1l Orl G'-EL -,il$ &-&13 I-ook ML A I A6 r A, C.. ri Pal ri Lt 7 F Gary -42 Plat 6r, 'PAr P IOIL and x ha L -d A` y:j; -Y M � -a , , Q PPI MWpVAtldm- - t- ap" La- Wks; F�- The -41 t I I"h I - — -J [7 ti ikn�4 All „�'CEt4Y1i5J3i�aR Cry :r r'U -lip ki 21Z A 7-Vii Vat 3 j LI _ka 1 '51 -wright P-PA -Coal ily- ii. TLI TIT a r A trig k pqfef-P, r tq: IMP .5. M, f WN 10S, M-V Ne t. MgWa� id AIR- AL R FIMS *P4 ;TM- 2 3-W-4 4, 4 ol� rig, — EMS 5;. ;P. gn 0 MIS ie P Aft s 3/13/2012 Item 9.A. of MO sab-ttLYL-81'04 PLD-00�1-ng to Tlat Mtrjj,(�'f paeGi�d_�d k Fase 36 Dr the Public C:dljje& C!pun, - ty, Y7 nrldzi Tq�!�'qahip j'? • south 4r., qUA!-'*):&AiW0 of Southan mt. W.i -4 1w - ak� �13�=tb All eaawpt tilo�;'kx th'!;�41r (4, tb U (HE, aP tag e� N* 6 7 z w e t quartep eir tha N 7 7 TIM N -4 Liz- VzI:, I . . .... . and xtr4�� w, "Ar 4 A 4 t'W� EM4 6b-at'h heir* EU ki -ail 4- 317 6f tjje:.pj'jbli Y_ ?1orida. .,N r par C.L. op' P OPTA Af . vC U -b- -.71- _!;6r+ 4M_ MZ K, _0 t— 77 W Z '7 4L c. 77 of MO sab-ttLYL-81'04 PLD-00�1-ng to Tlat Mtrjj,(�'f paeGi�d_�d k Fase 36 Dr the Public C:dljje& C!pun, - ty, Y7 nrldzi Tq�!�'qahip j'? • south 4r., qUA!-'*):&AiW0 of Southan mt. W.i -4 1w - ak� �13�=tb All eaawpt tilo�;'kx th'!;�41r (4, tb U (HE, aP tag e� N* 6 7 z w e t quartep eir tha N 7 7 TIM N -4 Liz- VzI:, I . . .... . and xtr4�� w, "Ar 4 A 4 t'W� EM4 6b-at'h heir* EU ki -ail 4- 317 6f tjje:.pj'jbli Y_ ?1orida. .,N r par C.L. op' P OPTA Af . vC U -b- -.71- _!;6r+ 4M_ MZ K, _0 t— 77 W Z '7 4L c. t "at �i a4 Uir�- Yir d Packet Page -249- P,P; 0 PS, a CY) ce) A' --- i—iarl!4—:9 . —2-E a:o r All exc*Pt A.C.L. KjSht Or--,VELy, C:D=rw-ly I-'y L)'Je" dated Se .1 All bxcep¢ A.-C.T,. Yet - ,.y* visa iiiight L =Pan- .b7 de4d Ufat".." 4t. 10 Or-imay ex,-,,g:DT-jaL- q1.81it-of-way t YD -aux, 'and b, low Aou!l omff- 6r -gouthlof.At qa 4W. �- 3&-St of 0 Lvar; N.6tp-Vii-iwot ! qoev, r br P. Ell I In t ou or lam' 4Z7 Fas of j;,% a V�� dr.- wa.7 and sta -79 b Au at N&I Q:u arto r (23wi) Y7 it-F't' -50 so-o-tiv zNIA, JU, 31 61 3-1 3/13/2012 Item 9.A. "ql.ignd intvtluulart I y -db ac lag sC ~gin jjt�e4 pipD mfj, x�nmnt on tEl 4 4side Cta3' u thwo s i L Ialn*rid -on. th,. "IZ-v4' lu�-dra4 root. tbmo.- -rol;t Atarly .fry waare bo-ind-arr llne. wr Lct flumlii3t*a-aln &Ndlwoodls -Dlvis 1411 of that pral Of 121amd in 404105kaO BaY+ tAeftcle AarQq, TW-ft d .s0 Vii';: t ar-ov feet tL0 R bu- t iii' !M 6:-'Tfbfi btKandary oZ IF 90UWn b-00-hdazy of .d r a ivy y to &A it -n PIRG -Manument on Ch-S B, th-d .47 4 'Ane lei-illy .0-11 A4 .44A fo-0 to of ! -aft vniF& b4--p- rrnred 5�jr One 4 411 r-j" Vtf 32, ty Amaq -t th-A its 15) 349k E, 20, 31, ire zMat 'Iat t 0 tho zotli we St al is awe z 454 U-n--t 3 or (Nwi f t 5;42 e�z 1p: 5� so J'q arLgid to :fie t' Ap of bo the 0-M—to i.'le �pii—wAt Court in f th e-ltrrdt the f c) 11 Ord ni�- U thwH.3 -C ry'S." ;5i rest to tbn ad v or chQjroj;��ke-j bq, ab— . - ir Packet Page -251- =1 N N_ C) N M M i i � Y Ld.rl VtJ•�''ft�Fi� -< ^ ^� :iwCi3�ipj' 112 in k:iBLiCd4Lliti:�` L to €�.t •l!' ta,•Y'sn:�i.n. fcr?th� F with .ail rrflat .� ata:ix o t:lo lar�rtas� a ?�� ln? Or 1. sL*8 "An-a foot somt rh g orl^ from tailo asY uP' ::i�Yn�,,.� •�'� =u: }s iii.#` 53 South s*�satlz83 �Ey. oias�l�� Bal, run t � . Hx�tc"a�at.rrra 3z� o-1' ehal�la�k+ is;rrd t aa;e:.:y.he Lot at `4�7 €�1 ';u'4`Y�'7,. 1�.11�L�. '1�,$�U':i"L�� Oi �i`•C7�.�4i'�`' Lti�::F. i. sl} —" �s��. L•r u Point of Avg r,n n8 cr the lAnd harezv dssorlhrjd7 tilt #e.3 t•e �Ltir Vin. srr - -' r r. 3.-i: t 1010 Lo 4he .- tLtt�gE 4 T LCI Nor t I alt 8 t, x'J' ,�, �- 4y:kB55L- 97'�'f L ZCi¢ O ''29. s'� 1•C�1?•�I -.'. .. 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IM � d t 3 ' � • ':.�� =gam..' - -X = � ; �, `� _ � . � � ; � _,� z �. _ _ ...nary: .:w. <y: -:.�.:d+z•1 .. 4s, 3/13/2012 Item 9.A. ti 37-ATE Orr FLORTDA T "4". bT 019W-tify �hzz t vn da7 MO, W-, ftatt" fAZd 0-Trint- *foftS t Lk eF. 5Arron 'dr'Ali to MW . k4330 -t h & b des d V.11,0y. ly 4cknowli�4sg4 --ru tt.- g6� .4 Wid 45* )40%, A z"q46. '36 AT . . . . . . . . . . . . 41 .�x 4 a -tili D tel rd V* v'T Packet Page -255- i N N r O N M r M ihi9 insl'rniaxnt was prepared by; • ANUONT J. CATALMO, ISO. Collier Place A1 6 Suite E27SCNT0. 3003 Tamiami Trail North ). Naples, Florida 33940 `T W A R R A N T Y 0 E'E 0 (Statutory Form • Section 689.02 F.S.) '• 4 THIS INDENTURE. Made this day of - Ong 19—a-- BETWEEN TEXAS INDUSTRIES, N.V., a corporation o racao, a ertands wmles, gran- y tor, and COLLIER DEVELOPMENT CORPORATION, a Florida corporation, whose post ' r' office address is 3003 Tanalami Trail North, 4th Floor, Naples, of,the County ti,lj i of Collier; State of Florida, grantee.. - WITMESSETH, That said grantor, for and in consideration of the sum of TEN DOLLARS MOM) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is herby acknowledged, has ;rt granted, bargained and sold to the said grantee, and grantee's successors and li..-Y w;: assigns forever, the following described land, situate, lying and being in `" •t; +say` -'r Collier County. Florida, to wit: PARCEL t Government Lots 1 and 2, Section 36, Township 50 o W South, Range 25 East, Collier County, Florida. gj PARCEL it Government Lots I and 2 the Southeast quarter (1 /4), the Northwest quarter (1/4). the East half of the N Southwest quarter (1 /4), the Northwest quarter (1 /4) of the Southwest quarter (114). the Southwest quarter (114) of the Northeast quarter (1i4), and the Southwest quarter (114) of the Southeast quarter (1/4) of the Northeast quarter (1/4), all in Section 26; Government Lots 1 and 8 of Section 27; all in Township SO_South, Range 25 East, Less the following described parcel: The South 361.6 feet of Government Lot 1, 'Section 21, Township 50 South, Range 25 East. i, PARCEL iII A parcel of lend lying in Secticni 26 an4 27,"Township 50 South, Range 1S East, mare particulprly described as follows: W3 all Commencing on the:.0lest tine of Government -Lot 1. Section 26. Township 50 South, Range 25 East, where it c� inteesects the South line of said Section 26; thence p . run Northwesterly along the.said {test line of said Government Lot 1, Sectioq.26 to the Southernmost corner o!76overnnent,Lot'8 in Section 27, Township 50 South, Range 25 East; thence continue Northwesterly x ; and Northerly along the Westerly line . of said O F Government Lot 8 and the Westerly line of Government ..,.Lot I-in said Section 27, to an intersection with the h ; following described proposed bulkhead Tine heginning at the Northwest corner of Section 26, Township 60 s 3 South, Range 25.East run South "89.11166" West along r5 3 north boundary line of Government Lot 1, Section 27, d Township 50 South, Range 25 East, a distance of 692.91 feet to a point of beginning; thence South 11 022107" 9 East a dtstance•of 450.59 feet to a point of cur- d vature, thence to the right on in arc having a radius. of 750.73 feet and a central angle of 77 °10147" a distance of 1011.27 feet to a point of tangency on a reverse curve, thence left on an arc having a radius of 800 feet and o central angle of 60.39119" a l�C�nivn�i �i ,,c.., <.,,mo TaK VJillyo� J.:�_c�., cti D.C. ;R L6 3/13/2012 Item 9.A. I 1, 49 Wet of curvature, thence left on an arc Win, radius of 477.36 feet and a central angle of 65 00'00" a distance of $49.88 feet to a point of tangency oo a reverse curve, thence right on an' are having a radius of 517:14 feet and a central angle bf 72.44,36" a distance of 655.97'feetrto a point of tangency thence South 51163157" hest a distance of 770.62 feet to a point of curvature, thence left on an arc having a ' radius of 4,446.88 feet and 'a central angle of 12.19,17" a distance of 955.56'feet to a POW of tangency which is a point . on the north Ooundory line of Section 34, Township 50 south, Range, 26 East and the South C'itytlait tine located 758,92 foot South 89.061450 Nest of the Northeast. Corner of said Section 34. Thence southerly along said bulkhead line to an intersection with the north tine of Section 34, Township So South, Range 26 East; thence run East •along the North line of Section 34 and along the North line of Section 35, Township 50 South, Range 25 East to the point-of beginning, Excepting' from the above described parcel of land, a strip of land 361.5 feet wide in a northerly direction of and lying contiguous to and North 0C a line drawn from the Southwest corner of Gavernment lot it�wastarly to the Southeast corner of proposed Bridge approach in-the approved bulkhead lines lying Nest of Boller Bay in Section 27, Township 50 South, Range 25 East within the limits of the aforententloned proposed bulkhead' lines previously described lying east of Dollar Bay. 6RMTOR HEREBY reserves all rights, title and interest in and to 104% of all oft, gas, minerals and other hydrocarbon substances in and under property, below a depth of 125 feet, from the surface of said property, without any right of surface entry for exploration, deielopment or extr►ction. Grantor divi rxrt wwront arrvaix and uDrenx to the subject awgxlrt.y. -SUBJECT TO easements, restrictions, reservations of record and taxes, for 'the calendar year 1985 and sub- sequent years. and said grantor,6aes hereby fully warrant the title to said land, and will defend the 7sane against the' lawful claims of all. persons whomsoever. IA kiTiESS WkRE0F, Grantor has hereunto set grantorIs hand and se the.day and year €irst above written. Signed, sealed ond..delivere'd TEXAS iNOUSTRIES,•N.V., A C r ration in our prell%egi of Curacao, Netherlands titles I Man idg:Dlrecfor ByNlpERL�w HE•HJUleel•M itlt5'iO�f(r O[YNIK7Y • }err ::: t 133 r'':a M Co. :i r, ,. a 7 lF I�'Pi�RiRla73 AN3KLiFS t�OEftLAt�SC}tS Iry, ,I(�g Ctmmw N.V. , MW director I HEREBY'CERTIFY that on this day, before me, an of Icer duly authorized In' the State aforesaid and in the County aforesaid to�, reNwt:iwel ; acknowledgements, personally appeared Mr. H. TUM and W. G.W.A. , Y ercacyv1dera A and 8 of 0 of TEXAS •1H , N.Y., a corporat on of Curacao, Netherlands MC es, to etc known to he the personedescribed in and Who exo- cuted the foregoing instrugg�� tend tlo Y acknowledged before me that �y executed the sam�,j;5.11 c • ,,_ , 'MIjMgSS sty hand and . offieial••seavin the? "�t t and ast /afore- F said this day Of Jae 1985." Nataroy P�nubli�c or Curacao, Moth. Antilles 2 1 ` Packet Page -257 - I w MANAGING DIRECTORS NEDERIANDSCHE HANDEL- MAATSCNAPPIJ TRU6TKANTOOR CURACAO N.Y., established at racao, a enasa . VAN D£R AX CORN£LIS, residing in Switzerland, Zug, Butznnweg 20, place an ate a rth, Maaaland, Holland on March 2, 1920 of Autch nationality.. CAPITAL Authorized capital 1•USS 30.000, -- , i? collmso wa) AwISt" of tits {i m6l d tsattaligs 24 .1"hitly : US$. 30.000, -- .. a . ;.1 - fteorpt from the.reglatntion of TEXAS INDUSTRIES N.V. - TO: N -Trustcompany (Curacao) N.V. The,expeases we-A. $O Pietermasi 15 O o'i • ratabilatrd ;t CNrO040 tatend undar?0.4246 a` • r Jti,..- O 2%U7 of s bvdato pertaining too oogvnikn- 7i vj 1±'�� • p: !7 Nasw of this Corporations TEXAS INDUSTRIES N.V. RA AQ �• • -v D"ineas in carried on at Curacao,' Pietermaai 15 F .r a t O CerUr"te of ImarporetWo published as We of incorporations August 30, 1963. co r ® 01 The object of 'the Company$ Investment Company b" co 4w e7 m. 0 w MANAGING DIRECTORS NEDERIANDSCHE HANDEL- MAATSCNAPPIJ TRU6TKANTOOR CURACAO N.Y., established at racao, a enasa . VAN D£R AX CORN£LIS, residing in Switzerland, Zug, Butznnweg 20, place an ate a rth, Maaaland, Holland on March 2, 1920 of Autch nationality.. CAPITAL Authorized capital 1•USS 30.000, -- , i? Issued and fully paid : US$. 30.000, -- .. a . ;.1 - - TO: N -Trustcompany (Curacao) N.V. The,expeases we-A. $O Pietermasi 15 f . • ,. .: cursgaa :JUty 1985 Thr Secretary 'i. kits k RA AQ �• • -v F .r a t 3/13/2012 Item 9.A. I i � l � i COMMM111 honer .e1 the Chamber si Commerce and Irtdu+ify At Curare tom• j��5+7 ass,•"": ?r 5dtearpt from the MI(Itratten of NEDEIMANDSCHE HANDEL- MAATSCHAPPF3 TRUSTKANTOOR CURACAO N,V, eataLllshed at Curacao N.A. entered under no. 1100 f Metri of a b Worn pertaining to a corporation Nome of the Corporations Nederlandsche Handel- Maatachappij Trustkantoor Curacao N.V. Realness addreaas Pietermaat 15, Curacao N.A. eye; Certificate of incorporatlon published as r:' I ' The purposes of the Corporation area a. to manage, to conduct and /or to administer assets of any kinry;S;j,_, to act As administrator, trustee of testamentary executor? E to act As proxy, to render advices as to investment of nwni" to act As managing director of other limited liability ;;;4.) companies without regare to the purpose- claugule of such' r1 Corporations) may serve towards the attainment b. to execute everything whit. or performance of the purpose as mentioned undor 'a ", ,• including the incorporation of -, the participation ; to -, the crt:ation of, financial ir)texent- isr--as well as the acting as managing director of corporations of enterprisos with an = " equal or similar purpose, or with a purpose which may serve to the attainment or performance towards theepurposetho word.j; -_, l mentioned before, everything ,.. AUTHORIZED CAPITAL: She authorized capital amounts to' Nail. 75.000, =- divided into 75 shares of i'• 11t Nafl. 1.000, - -, of which 15 shares are sub ® scribed and paid up in full. She Corporation is established •,at Pietermaai 15, Willemstad," Curacao N.A. {: • ' Th¢ cxprnocs ate fl.,. `b U ,; T00 Nederiandsohe Handel- Maataehappij ,k r Trusticantoor Curacao N.V. Aantgsa 3 j M1 1985-r: Pfeterr6aai 15 PRESENT 1 be :9xcrotary 4�G y tjj Packet Page -259- - ' I' N a..1 N r O N M r M i Ali c .a Is U rr MEMBERS OF THE BOARD OF SUPERVISORY DIRECTORBt 1. OORTi Or..;.Coenraad,, den, residing. !{t Waasonaar, The Nether- � s` • � z Ia` n3s,, Lean. vaK'Rhemenshuiaen'%1, born at Leidun; Tho He thor- lands on.December 5th,,1928 of Dutch nationality. 2. MINX, Jan Cornelis, residing. at Amsterdam Co The - Motherlands 6rpperkada II -IV, born at De Worken on Sleouwijk, The Nether -_ -lands-.on Octobes.24,_..1922,..QL Dutch nationality. +" 3. MIT, Gualterus Johannes, residing at Laren, The Nothor- MBAs, Norderswag 17, born at Nijmegen, The Netherlands on December 29, 19241 of Dutch nationality. 4. POURIER, Miguel Arcangel, residing in Curacao, Mdtaneia X17, born at Bonaire, Netherlands Antilles on 0aptember 29, 1938, of Dutch nationality. (delegated Supervisory Director) '- M MBERS OF THE BOARD OF MANAGEMFNTt L. WINTER, Joop, residing in Curacao, Schout bij Nacht Doorman- wog a, born at Haarlem, The Nethorrlands on July 12, 1932, !:P of Dutch nationality, (President). 2. BOSHOUWERS, Fransiscus Carolus. Maria, residing at vF 1rversum, The Netherlands # Johan Gerardtawag 171, born at Arnhem, The Netherlands, on January 1, 1946, of Dutch nationality, n••; '`''� ASSISTANT MANAGING DIRECTOR; �, .•1 1. VAN DER PUTTEN, Gerardus Johannes Wilholmus Blasius, re- Ming Curacao, Scalaweg 1, born at Den Haag, The Nether- lands on February 3, 1948 of Dutch nationality. `,4•r PROXXHOLDERS "A" f ''•, r 1. VAN BELLEN, Johan, residing in Curacao, Santa Rosastraat A29;" o6�'rn et'Curacao, Netherlands Antilles on August 21, 1953 of Dutch nationality, 2. CHIN- A -LOI, Orlando Clements Maria, residing in Curacao, Baya tip: Ro —o'i Ka'tochi 62, born at Paramaribo, Suriname on March 130 ! 1944, of Dutch nationality. '3. VAN DONGEN, Jacobus Hendricus Elisabeth Geertruida, 'residing n uracao, Fensohnstraat 19, born at Eindhoven, The Nether- lands, on February 27, 1951, of Dutch nationality. ° 4. 1,1 R 1: 111,"* Jeanette Gerardine, residing at Handeliaan T aa1` r_en, The Netherlands, born at Amsterdam, The Nether- lands on November 16, 1951, of Dutch nationality. 5, MAU -ASAM, Robert, Anthony, residing in Curacao, Kaye Tapakonchi'; +:�;• rn at Curacao Netherlands Antilles on July 9, 1941 of �atr- Dutch nationality. :ti•s: 5. OOMS, Wilhelmue Joannos Maria, residing in Curacao, Kaya �� ,..,•,- DamasCO 9A, born at Tilburg, The Netherlands on April 28, 1938 ,• i �, of Dutch nationality. 7. TUIN, - Hendrik, residing in Curacao, Dianastreat 2, born at c -=Va inhove, The Netherlands on March 9, 1958 of Dutch nationality. RAC a , 1' wwn 3/13/2012 Item 9.A. 61 E V, PACE V. PROXWOLDERS I.. GultaAf Josef, residing in Curacao, Carocasbaalwag at Paramaribo, Suriname on March 19, 1956 of Dutch national ty. 2. LA CROSS, Helena Cathariha Crescancia, residing in Curacao, Dr.--wip. maalvaq S# born at Curaciol Netherlands Antilles 011 juvks 159 1935 of Dutch nationality. J. PARNSPLU, Sovana Beatrix, residing in Curacao, Cocolodeweq 28 Mm at racao, Netherlands Antilles on.Saptembar 20, 1953 of Dutch nationality. Garben Willem Anton, raoiding at veorburg, The 11 maorif .Lasn van,Holdenburg 191 born at Dan flahq, The Netherland: on June 1,, 19S4 of Dutch nationality. The company is represented by two signatories acting jointly of which at least one' signatory should be either a MaW)ar of the Management Board or a Proxyholder IA*. ;L Packet Page -261- a N N r O N ('7 M s 'c��m►r 0 1111 10 130,` ...:PACE ... :ssan br' fi4i'isatioii of this c urs ,ap'peu ring* 'an the attached document of Ma ,f, M.A.A. RELLBURG, residing in Cnr oao,,; Hitherlands•.Antilles, act' Pig in his capacity of Head 0i"I'a :. Cowercial, Register of the Cfi*@Ar of Commerce and industzy in--,. liuracao0 by sled, ,Gerard Chris toff61, Ant onius 8msets, a civll -lae'� notary, rA(Ilding+_b CgRacaO,'� •oii this fifth day of June, nine- ;. ts'snhuzdrad and eighty -Five. ® ' ..'%. el O • 7- "o-V01:0 y uCol ., � p � _1k• "�r� 'I��A�7T�X,..'. n,`;1:.: ' ;.'lei.' •' � ' � v:7� Ir 1 C A f AOW i r 3/13/2012 Item 9.A. wauamr 0111 RAMCO FORM 3A i1OM In01Y10U,L 10 CO1r01.tr1ON r dills b, arranty geed rtnde ate y� tray of /'�i �� it. D. 19 85 by ' LITTLE FARMS, a partnership itlafler called file grmtfor, to REC .OIr° COLLIER DEVELOPMENT CORPORATION ,M rtYrrpnrnttan exislfag under lite lotus of lite State of Florida with Its permanent posfoffice address at 3003 North Tamiami. Trail, Naples, Florida 33940 hereinafter called Ill" grantee: twh "text toed herein Ih, twsm "sterner^ gad ••trantet^ 'winds all Ike parih- to this imnnmtet and As hail, 1n 1 rrprnrnutira anJ osis. el iudisido,t+, end +hr su<st++°a end eut,m of <arperaliont) �(litnesseth: That lite grantor, for and in considerallon of the sum of $ 10.00 and olher voluable cons Weretions, receirel whereof is hereby acknowledged. hereby grants, bargains, salts, aliens, ro- raises, releases, conveys and confirms unto 1110 grantee, all that cerialn land situate In Collier °w County, Florida, vi.: CD f 1 Lots 70 and 71, Naples Groves and Truck Co's Little Farms No. 2, according to the Plat in U-3 Plat Book 1, Page 27, Public Records of Collier County, Florida. All of the undersigned are general partners of the above partnership. CYO Received - �- - nptory Stamp Tax I'1a� Florida Cl k c.l�`''�/ b D. C. ° — C o L Together rt >itlt r l the cr man s, Ir •tlitarnrnis arr�i appurle noes ( erelo belonging or in any- r uttse npperinining, -1 \ To THane an to e a e Yt e s r 1 r, find the tirnnt+ 1 r • c peenit dti• /+ sni t rn a that a tf r is I Iwfully seicod of said Land in fee simple: Ihal dl. flrar a Go M d atuhos' of an e �onVey said Wnd: Ihat file grmlfnr levrrby folly a ri�ln�1 die title. In said land and 'll rlefenr I u ors i ainsl ilia fateful claims of all Persons a+lruntsoept, 1 (flat snid land is free of all tmbr ncas sc taxes accruing subsequent to 0vtenrber 31, 11) 85 In Witness �tlhereof, tiee said grantor has hereunto set hartd and seal the day and year tint nlnsoe wrllfvn. ` Stgntst, srnfvd m1ty 'livered in our presence- L.S. ati r 11i'` rT vin erz a era partner ...(.T...�..... ,. :. ...` ........................... �x. -f C'rt�it r� w o ��P ��/ A. uge u BIasbeiig.; "ge "' uI "'p'a "rtnel"" Z ..�� ................... vi m bl- A'1'F: OF FLORIDA ,{�� L.S. r_ en COUNTY of COLLIER ,' Par nee I HEREBY CERTIFY that on this day, before me, an E 1l- officer duly authurirrd in the Slow nforesaid and in she County aforesaid to take acknowledgments, persomily appeared r- vi Irving L. Berzon, A. Eugene Blasberg, Newton D. Beugen and Joseph Weinfeld, ¢eneral artners 14 m0 !u use kao+va to be the persons desctibed in and who executed the foregoing instrument and they acknowledged Vm Z M. ore No that they execulrd the mute. WITNESS my hand and official teal in the County and State last aforesaid this day of A. D. 19 85, ' 3 I IlalatV PubGt, Stela of N0f1d1486 :.,:; . `Tliit'�rtlniriiiiN flee fsart'J I }r: yry Coot nistion Espircs July 28, '• t � •.. ,• bna.a Itw Net rr, t. +.e. 111/'A:U : AtV'Joseph M. O'Hara --:2400 Tamiami Trail N. i0.1•'' ' •rte N'•1. a,M -Naples, Florida 33940 °` Packet Page -263 - O tV -P_ 0 0 o - V i Q) N O N M M 1. a CO l cc S� to fa rn C.0 rn P F N L O to Z W rn to N M d S rQ LL. M F- vi as a ra rani M caz I.a M WARRANTY' DIED RAMCO FORM 34 INDIA INDIVIDUAL 10 COU04AII09 'This Warranty Deed made the day of A. D. 19 85 by > LITTLE FARMS, a partnership hereinafler rolled llte grantor, to COLLIER DEVELOPMENT CORPORATION a cortraralian existing under the laars of the State of Florida with Its permanent postofftce nrtrlross at 1003 North Tamiami Trail, Naples, Florida 33940 hereinafter called Ilia grantee: fivia , wed herein the term. "Rralnm" and "tnntn" I.I.J. all it. Puri. a rhis fantu .& +ad 7�� the lstks, kRal refu.rnutkeo sad ad'as of indod+alr, *ad the wraraer, oral Ruisra of etrpor+Unn,) DltUSSM1: Tbal lite grantor, for and to consideration of the sum of 5 10.00 and other valuable conslderalions, receipt whareof is hereby ac6owlodood, hereby groats, bargains. sells, allens, to_ raises, ruleases. conveys and confirms unto the grantee, all that certain (and situate In Collier County. Florida, of-.- Lots 70 and 71, Naples Groves and Truck Cots Little Farms No. 2, according to the Plat in Plat Rook Is Page 27, Public Records of Collier County, Florida. Received $ . 6.�L r4 Documentary Stamp Tax Collier County, Florida Wiljm J. Reagan, Cif Ioyether Ivuh 11� arise upparinining. To Eaue an to rind llte grantor Ire, in ice simple; thnf tl ! or, grantor hereby fully t gsre all persons tuIs—R. vr. ,�fl to December 31 19 8 Ilse title to saff land an dial said land is free of and annuAe n au O f� to r� o. A � C7 cm I"t't •olo belonging or lit any- co lufully selzed of sold land lonuay said iard; that Iho ainst Ilia lawful claims of taxes accruing subsequent lit Witness Wlhereof, Ilse said grantor as hereunfa set hand on'd seal (ha day and year firs( 01,08'. wffllcn. Sir it. ss "It'd 01111 rlpliiveretl�ur ppres.ncc: ...-'r`f ...................... .... -....- ... ..gene" al"parttl�raraiv _ Arnold ence> ................ ......................»......_......»..._._... ............................Q�. OF FL(,"41Dl t, ��• 1 i .rt 7t, rl� l COUNTY OF 1 J I HEREBY CERTIFY that on this. me, an offirer duly anthurfrrd in the State aforesaid and in the County aforesaid to take scknowledgmenib _per n }I apgeSrcd Arnold Lawrence, general partner to me );no+rn to be the prrwn described in and who rxmuttd the foregoing imuusncnt and:° . be r ,, ncknoNladgavl;; before ate that he cacruad the came. I1'ITNESS my hand and official Real in the County and State last aforesaid this A. A. 19 85 3 7 %Err /nrtrunrr•gt ptrpanrl ! }': - AddRU Atty. Joseph M. O'Hara 2400 Tamlami Trail N. Naples, Florida 33940 L n "� a r, iii% �','. M �w,�t.•N � nM:'h t�.a o, Grate vrna 3/13/2012 Item 9.A. 0['t 19A 00197.5 OR600K PAGE this instniment war prepore_d by: JOHN M. PASSI>�tD FROST & JACOBS Suite 303, Neapolitan Illdg. t SPECIAL 1301) Third Street. So. IZfT Naples, Flarids 33040 Warranty Reed ,81312614582 1$TATUTORY FORM—SECTION 689.02 F.S,1 WITHOUT OPINION' Or TITLE t3hig Atlr)thtrr, Made this '✓ • day of May 1985. ilrturrftt CHARLES M. LONG and CLARA C. LONG, Husband and Wife oft he County of Collier State of Florida grantor', and COLLIER DEVELOPMENT CORPORATION, a Florida corporation wkqse post office address is 3003 Tamiami Trail North, Naples, Florida 33940 co � w oTe County of Collier State of Florida gnnteea, a 24Mttrsertt}, That said grantor, for and in consideration of the sum of • � tr = L TEN and no /100 (510.00) - - - - - - - - - - - - - - .. -- - - - - Dollars, - l and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whercof is hereby acknowl. edged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, t situate, lying and being in Collier County, Florida, 10•wit: Lot 91, NAPLES GROVES an , LITTLE FARMS, NO. 2, per plat in Plat Hook P rat is Records of c� r Collier County, Flo �r &0 a This conveyance leer to real estate xes for 1985; m restrictions an ea rnmon to the sub ivi ion; m cs: outstanding oiltr gi 3 lne sts o rec rd, if any; r=s rn and zoning and jot r goverl - regul lions. O ° p Rcm ii cc C. to Sto P T9lx i Coll' n +;-1 rido W, r , Irk D.D. and said grantor does hereby fully w title to said land, and will d fe ? /moo {a` inst the lawful claims of all Persons rxts4t t341FX claiming by r r u or under Granto ,C{' • "Grantor'• a eti are used for singular or I r f'a text requires. 3n 3liinrss ii3hrrrnf, Grantor has � n�g;a- to aptjn~d1 1`T} e day and year first above written. Signed, scale nd deli je ed t ur esence: f 1 / /f - seat CHARLES M_ LONG CLARA C. LONG - -- - - - -- (Seat) (Seal) STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared CHARLES M. LONG and CLARA C. LONG, Husband and Wife to me known to be the person described in and who executed the foregoing Instrument and acknowledged before me thatthhey executed the same. _ yMNESS my fund and official seat In the County and State last aforesaid this ., day of Mai! 19 85 My commission expires: ' _, • . Norliy�Fubiic_ brAAT POLIG SLATE OF FLORIDA • ' ';�`�•` `, IR COAAISS)OA UP. FED 29.1169 809.OM IAAU GEIEAAt Las. DID. ease Return in the .ifices of .' nY.: •1.• , r l• •:'sat_ :, at.n m ats?� ciaa f Packet Page -265- 1 I- I N N r O N M T— (Y) L.3B�i Mi W No �dldPl�l•4�a#�'�BQt, $ mtaetibciNMie tow8.i0 AUXIEW s.zWMU i�t® �S®,t+elts !lliili am n rtm I Imp T16 men bi eass,d hr,�u,ie; I MCMMY, spa A% S& Avy of Jeer, MPt beh.mm CO3.UM ILATJM a dies ewnasxtiaes, wi m aNta m is 3US Tacaim i 7WA r MRAW rda b mm fir, sod EAEMTK M HAROM 3W,, s Flown ce[rora "s, t►!irW amiidtvma is 3W umima Tani limmk it0* rmva 3048, of tease Casalq at1C'eim r, ale WITNNSSETIh ?fit aa4 ', W mW is mvhbwd�m a(do an d'IE Dalw4 mW atsr red and epmq a �rtasbi >bs ii i by saaA t essgses, ales 411 "b" b: ba mb7 Ski Amr*14 burimad and tee ie rice "a ► MA Great WD bt irs and a+Itat�ar, aArs 7ssd, . � sari iaiOlclM C,tdieer twaearty, Flnida� sr hails ' +.'�:..: >:: ;qe'e .Cd. i.. f -i, y' 'R' -' Y•� ',t:•e.}1' .r' -a• .A L Tam& tiev9le Saar of t9S3� aaei M•l esbeealesat 7a+ 3. A v o w s " MW." Nom, m a i m i m d fiend atr sag Mrtiasa. 3e. 'SW *0 uts iris **aa an worm muds i7 Gra now. •i,. �ititmt�a e,t'F raossd 4FR east � bine beaat is rst.aicses tl,s saaela� "J L4as amd *maj4 aed x eese+ime4 soda the Grantor. aE Wk yea a%A aaioeeais Wcmkd W" and =dW tba baps #, arsi wi<beit b"* we bm remeevad to psisr •Weasv, Tassee rob Mrs tsFa ea.Fy aa4 b.**AW ba l'Yda e0aFAV�Iaaa s. ! W68 armrrsiat aaed im&W the prop" rxmby em I apttt time ia, tbi da t m saad fis+esfaR p+raum dpp&m&g by, ti, —c*, x a"w tbse4 bat amaimad rise alter. D4 9i i r8di P, Gra~ Um br ma:to ad Grant es bsad mid alai tbs dsY soon! eeAeaws w� `1?•Jit- COU IEA DEVELO YY' CORPORATION, a F9 wW* ttrVerstkw C C m am : �� iemfa•amaest was scieeewri+�aed icfoao nee 1l�Js Gi° tbq of Jalr, � �9:', bT Iad�y •...... • • s}AS1l r eprwmtotCT ,3'LIMDZVEL<lINZNTC-ObtFO 710D4,aF6srida . �a bsltaYf eef sae�6 eaePesask�eem. $a is Aas+ea ra -man. . . ' 3?laittlbi S►lSaK�a 4,.. �'-i� -..� tsbrraon�oct — -- aasiet,mlG �R �a ?Ymtar7 r'eiiie _ gh -� �rreekaasee C riasabar: i �r.ene ara sax NZ C+►aers mdw FaVirmOm Dots. Aagai'.A, 2081 m r sessaAUs 3/13/2012 Item 9.A. OR: 2567 AG: 2338 LAVa! Descrption for El ueilwa Harbor Description of put of Sections 22, 23 and 27, Township 50 South, Rangc 25 East. Collier County' ;Florida (for Collier Fntcrprisa) AU that pan of Sec6ow 2Z. 23 and 27. Township 50 Sou'Jt Range 25 East Collier Cour v. Florida brag moat partim4wll- described as follotts. r3.�s tumor af.said Section ?2;.. . tbeaet alas; this =a [ix of said Section 27, South 00'25'29" West 2 328.66 felt; ftraet 1eavixs said ssaino line South 83'32 -:8- West 128S.5t feet: rfat= Nor* 00127'34" Wen 331.71 fees; tl- nW%hgaj a,%- 8.6.91 fist along the are Of a tangential circular turn concave to the southeast having a radios d x00.00 fat through a usuraJ mot of 60°39' 19" and bang subtended b5• a . herd which bears Noah ?9'52'06" Eau 807.91 feet to a point of reverse curvature; ibstaoe nonberh 1011.26 fta alone the arc of tangential circular cure concave to the nor&mcst having a radius of 7.50.73 fat Wough a central angle of 77*) 0'46- and being subtendd b%. a chord which beats North 21'36'2 1" B23t 956.52 feet: this o0s North 16059'02' wen 450.59 fret; Omme Nash 30°00'29- East 726.72 fees; tkeaace northeasterly 1 BA! fo~ alaetg the art 5f a tsnrcniial circuar a rve concave to the oorthvvest batri V a raditu of 130.W fees through a araral angk of 43 °19'08" and being subtended by a chard whkb bears North 23°26'43" bass 110.T- feet to A point of c0mvO rod eur-uure: tlxaet nanha . 320,89 fect along the art; of a tangential cueular tune concave lt� the west bavbtg a radius of 4W.00 fun tbroagh a txnval anic, of 38° 1 V! 3' and being subtended by s chord which beers North 12'21'57' Wet 314.95 far 10 a point of tLVersc curvature: -4ta= rardmew 149.67 feet alrng the arc of a Mr,9=tW circulu cum concave to the cast having a radius of 1 oo.00 fix through A co oral angle of 62'30'20" and being subtended by a chord which bears North siRiP05's1" Weal 104.26 L-% Ina point of mvem curvu m. thence nortl=w=iy 171.22 fete alml the are of a tsatgrra al cirnclar curve concave to the writ having a radus of 136.00 fMt *r*gg6 a covers) attgle of 51'30'00' and bring subtended by a chord which bears Not* 04'44' 16" East 144.83 lady riot: )4aash 23' 10'44" Wad 123.01 fax: -A % fly and samerty 197.05 feet along the xM of s txnFnrcial circular curve concave tar the tx+a laeaatt ilritg a radios d 100-00 fen throogit A ctattrz! angle of 112'54'00" and being subteoded by a d1MA vbkh hair North 33 °16` 16" Fait 166.63 feet-, Am= Jets* 99'43'16" Fag 110.00 fact; t3a nee taaaaeiy and qty 213.10 fact along the arc of a ta0RCetial eircuisr cwvt eontavc to the tawdsmitt bevstq a radar of 100.00 feet through a casual m& of 122"06'00" sad being subwnded by a daa d ta*kb brats Nort41.E'10' 1 d East 175.01 fees to a point of revast cur etuury tSa Mxj aWdwdv awed aulbr tstraiy 73.69 fret aka s the arc of a wvmtial ei=Laf curve concave to the can 3oK 4g a rodeos of 50 -to fecal r,nttgia a c=rab srtgl; e: Wl0-23" end being ntbtended by a chard winch Wm )rim* 12.42'26" B4 70.12 feet: tilo7tttt77" 5347'34" Eag 67.46 *ct; *MM etwdaerly and asrrtisi hp 194.01 feat sismg the arc of a tampadai riretdar ew-va conmee to the nteash Mk* a =dw of 73.40 fact tltaoatala a cam-al *n%k of :4R' 12'45" cad being sub waded by a chord W*itis'aettttat Na".Y 16'13'36" West 144 27 &M tmitaoa Saab 39"34'31 "WCA 30.00 feces; -1 .e '+m=wriy and as *&v- o rriy 157.09 feat Alen the we Of a taaguutitl circular curve sotivt to tit aawdicatit hwks a rArlus of 100 -00 fat through a met al znVe oF4tl"00't?0" and being s»ittwd d by a Vh"d safaitl;a bcnas Soddt e4"34'5i' West 141.42 feat: ti MM S&A 00'25'05+" Fag 169.99 ENfi *Amts smA%vesfti� 62.98 Cast z?0% the ate of s tidal circular nave cc MW to the ao *WA hoeing s twins 4#30.06 JM ti WV* a ceattrai sa* of 72'10'23" and bang A:bUnded by a cbcrd which Setaes SWA,h 35*40'dS ° WWL 50.90 tart, dmons S=* 7t FIS" Wear 116.04 foot; &NOWSOndrwowly and strstotiy 243.34 fx% alceg the am of a targential circular ctu ve axr-m to the son&b=Khe+ri+ag a radix of 1.".00 £ea throuO a ceauzl a0gie of 44°56'0:x' artd bang subeendsd by a ebwd vriich boars Scud 24.1?'J 9" West 221.07 fea: dew* Smd 23`10'44' East 123 -01 rem Packet Page -267- OR: 255' FG: 2339 I*$ jj:l It tbtsoe soutlxrh• smd sat aiy 101.05 fat along the are of a tangential circ tdw curve concave t4 the aor!hneeit having a radios of 50.00 feet through a x+aral angle of l 15 °47'41" gad being atcl% a by a Nord wbict barns Sad 3043Y 14" Wtst $4.71 fad 90 a point 01 c0mpouod carvature; dmwm neirtiwtsmoty 156.03 fee aoong the arc of a magenual ca cular curve concave to the aord+eaa is{g A tarlatrf. of22A.W feet t`utVUyh a taattril atsgle 0f 66 °41'33' and bdog subtended by a cbod %4Litb burs North 54'02'10" WcA 241.$7 fee; chase Nee 20"43'24" Wt=t 195.01 fca; ffvw9te Y 31233 fern along the are ofs Unpensial cimlar carve cm=vt to the cm havmS a cabins cf210.W Soo thrms + s ccWW angle of 63°54'40" and being subtended by a chord whieb be= W016 1 Z' +S'S6" Eon 294-39 feet to amo.- t_o( reverse curyasure. Q 1 moe n cdz: V=iy, wrr*:rly and nordrocs crh- 516.02 .fert alone the art of a tanomdW cixmdar curve aoecava to the vim 1avtol a radius of 300.00 fert through a =UZI angle of 98 -3'08" and being C sass +end by a tI , I adieu bergs North 06'03'19- West 454.77- feet; time NWpth 33.19'52" West SM65 fry }' tlrtoee North 02'73' 16" East 275.02 .`ext ; N the= wx1heasterly 77.62 fba story the art: of a ungeacal circular ctur:r cot cave 10 be soudmg bay* VI- a tad ku Of 50-00 fact ti"OUO a =WW angle of MT04" and being subtttxled by a chord which bests O North 46°51'49" East 70.04 fen to a poita of rteverse curvatcrc; N circular corn ==ve to the Werth having a M rudiaa of 1200.00 feet the ugb a cCatral sun& cf 34 °55'29^ and beiob subtended by a Nerd which beus Nor* 73'52'36" Eau 72D.19 feaa too point of reverse curv=re; M d+w= aortlrc =rly, coed= y and norxhwexterh• 134.92 feet along the arc of a tangential circular curve cesh me to the west hrnvg a rsdius of 30.00 fen ihroagb a xrual uSle of 154 33'46" oral berg sart+aaded by a chord gv66 bears Nortb 20052'0'2" Wes 97.55 felt to a point of rt nm cmvat m. dmam wes=i) and mxtheartedy 71.31 fen along tix arc of % ta0gential circular csrve cwcave to tItt tr0ethearat s'Wviug a scions 005-00 lax dulmgb: uts -:rx1 angle of 115°44' 12" and being subtended by a chord Minh bears North 39'!6'46' Wan 59.60 fees; tlaaao Norsi 19'3573" )tau 63 45 feat; 3raros Nor* 13.49'59" Xat 34-0.07 feet; lsees?iatth 07OW50" Eats 1£1-59 AMC ikeocs 1-7sxth f.2'g9' 10^ West 33.00 feet; *am Nor& 07'00'50" E= 14.74 fad tkCSrs Nor* 39*1S`51" 3 gas 527 45 feet; 16eta South € 0'I3' 12" Eau X45.31 fmz t cum W=* $9'24'57° Earl 1333,23 Beet; ftW Word 00°32'30" Wat 30.00 ftm x-340* 89'34'52" East 50.00 feet; t1>tlwra So" 90",1230" Pia ;537.45 feet; GOOMeoro6 31117921` WOO 915.41 free: *mm Sari OM'04" gut 453-DO feat; Sreaoe aaa & VP19"24" West 470.01 *ct; @lAm Sam& Od'006'Pt" E4rt 2039291iat to the Point Of Riming Of the parcel herein descn'bod; St bjw is maraa+m and nwrictim d rmord C4aalaemrg 124-V aces amrt ar lcm. 15 11 p ago bead an the C4+rti'lhaeeafmakchw6mfL 43. WS-SCK ) Q Imx. BARTON alt Pmt, ,Im. Dt101esred and Land 5u;tisyon I t'1 A lt*c Miche" R hdarrned. P.S.hi..#44630 smamm Mrttiu 9w9++ft D8wdft.AWh,k- PW 4 44 02: 2%7 PG: 2M EX MGrr A CONTRWED Jot FA it �---� � . , Iq 3/13/2012 Item 9.A. fit 14 • ct) rr XMIN Cy x 4ZP lit J#w r 10'r I.Aw po zr OB 3%MCFWMS= me in 5 LOW 1"014 A 'Mwwzrs'� Packet Page -269- 3/13/2012 Item 9.A. N O N ('7 co Napa. n.UIW A[Oa; & aa:doU Warranty Deed 2606811 OR: 2651 PG; 2846 aBt' m is amclu IN= d t 26m aim], ]n 13115 /z"i It RAIN mcm I. aim. cs= cm . IM M." ac m 21." i0c•.lt I+iT3 ?.29 Isla: 130 PAU am m 38 not sates n u1u This Warranty Deed made on March S. 20M, by COLLIER DEVELOPMENT CORPORA7I0N, a corporation organized and existing under the lasers of the State of Flarrida, having its principal place of burliness at 3003 Tamixmi Trail North #400, Naples, Florida 34103, GRANTOR, to THE BOTANICAL GARDEN, INC.. a 1• for lds not for.. prefft corporation, Saving its principal place of business at is 3584 Exchange Avenue, Suite C, Naples, Florida 34104, GRANTEE. Grantor, in consideration of Ten Dollars (S10.00) paid by gra>ntec, grants And asanveys to grantet and grantee's:luccessors and assigns foraever, that real property located iu the County of Collier, State of Florida, and morr particularly described as follows (lamina fter the "Property "): SEE EDIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Subject to real estate taxes for 2000; zoning and use restrictions imposed by gmermmenlal authority; restrictions and easements common to the subdivision; and outstanding oil, gas and mineral interest of record, it any and the following coveanxmIts and raemsicdons which shall be eavena:nts running with the land binding ulron all am ressora and 1. Use. Ust of the Property shall be limited to drvelopzoent and ust as a botania d purloin, and ancillary uses directly related fo the botanical garden. 11 this mt restriction it violated and such violation is not cured within 30 days after providing nv t edd ato�sa 4 A wndmis blashmi A L* l Pwf+aaleasl As"ciadom 850 Fmk 3boea ]kiva, suits 300 ��3 3/13/2012 Item 9.A. OR: 2651 ?G: 2847 Grantee with written notice of the speelfic violation, Grantor shall have, in addition to the remedits described in paragraph S below, the right to repurchase the Property and the improvements thereon for the then fair market value, determined as described below, such value to be no less than the amount invested in the Property. If such right is exercised, Grantor shall have the Property and Improvements appraised by an appraiser selected by Grantor. If Grantee disputes the value as determined by inch appraiser, Grantee may have the Property and improvements appraised by an appraiser selected by Graantte. If the parties still can't agret on the value, the two appraisers shall ,jointly select a third appraiser, whose determination of value shall control, 2. Building Heights. Building heights on the Property shall be limited to two (2) stories and in no event more than 35 feet measured from the flood elevation to the highest point on the building, including without limitation, signs, canopies, banners, antennas, and any other structure whatsoever, 3. SouthedX TThird. The southerly out third of the Property (the "Southerly Parcel ")-. (a) The building set back line along the southerly boundary of the Property shall Awe 2 45 oat be 50 feet., (b) No maintenance facility or flat rrof building may be constructed in the Southerly Parcel. Any structures. in the Southerly Parcel, other than the construction of two (2) single story structures of no more than 2,000 square feet tack with exterior architectural characteristics similar to those of the Visitor's Center sad other development on the Property to the north, daft require the written apprnval of Grantor prior to the earlier of the application for any permit or the commencement of construction thtreot: Grantor's approval shall -riot be unreasonably withheld or delayed after discussion between Grantee and Grantor. Grantor will primarily be concerned with visual, noise, odor, lighting, *ad emissions impact$ which any such development in the Southerly Parcel way have upon Grantor's remaiaing property to the south. Once commenced with respect to any particular areas, any development thereon shall he continued diligently to completion. Packet Page -271- P-1 R N N r O N Co M .. 2651 FG: 2848 4. Soaatheriy Access. Grantor And the guests, successors and Assigns of Grantor shall be granted access to the botanical garden from Grantor's property to the mouth on the manse terms as any public access, provided Grantor shall pay the coat of installation swd maintenance of the point of entry improvements for the altcrss and the costs of controlling such entry. S. Remedies. if any of these deed restrictions are violsted, and satch violation is not cured witbiin 30 days aster providing Grantee. witb written notice of the specific violation, Grantor shall have the right to enforce these deed restrictions by suit for specific performance, injunctive relief, and/or damage& GRANTOR reserves unto itself the oil, gas, and minerals located on, within and under the property described herein, which, rights are exprmly not Included in this conveyance; provided however that GRANTOR shall not have any right of entry capon the Prop" to exercise said reserved rights. Said GRANTOR does hereby fully warrant the title to said land, and will defend the une against 11 ful claims of all persons whom39ever. IN WrrNESS WHEREOF, GRANTOR bas hereunto set GRANTOR'S hand and seal the day and year first above written. fte3olS fie) (signature and acknowledgment continue on the following page) Print Name n i„ Ball. PA*t Name Shat on Baldwin STATE OF F'LORMA § COUNTY OF COLLIER § 3/13/2012 Item 9.A. OR; 2651 PG; 2849 !COLLIER DEVELOPMENT CORPORATION a Florida corporation or '17 Terry L. FD Vice Prea& .: The fore9oite9'Wtra WCnt soma acknoevledgged before nose thix 8rh March, 20M, by T" L. Flown, as Vice Pr=Weat of COLT__!! _dxy of PMElYT CORPORATION. a Florida corporation, on �W of =Ch k�tva tome_ r�,-` corporation. He is pcnomal3y Nota" rUbhe — Sharho C000t3 Number. CC660371 Cominiulon Expiration D*te; Aug. 20, 2001 Pa•+ofs Packet Page -273- %WON SAUA ISJ CC �OWUAW20,2WI i N N T- C) N M M * ** 4R: 2651 PG: 2850 * ** EXHIBIT "A" ';•n of •u ■ of Se,et3on 23, Township) 50 South, mange 25 East, Collier County, (Me Botanical Gardens) AN that part of Section 23, Township SO South, Range 25 Fiat, Collier County, Florida, being more particularly described sa fonows.. C01naa1tncing *t the north %+ corner of said Section 23; thence South 0)1°4247" East 50.00 feet to the Point of Begianing of the parcel of land btrvin deseribed; thence conthm* South W42'47" East 2348.72 feet; thence South 89024'05 West 9$0.25 feet; thence North e9133117 West 460.1)0 feet; thence South. $9'54'05" West 300.00 feet; thence North 00°33'17" West 983.85 feet; themes; North 00°28'25" 'West 1251.75 feet; thence northeasterly 7830 feet along the arc of a tangential c!rcalar carve concave to the southeast having a radius of 50.00 feet through a central angle of 89°43024" atad being subtended by a chord which bean North 44023'17" East 70.54 feet; thence North 89014'59" East 1222.17 feet to the Point of Beginning of the parcel of land herein described; Subject to easements and restrictions of retard. Containing 68.56 acres more or less. ra"smrs d 3/13/2012 Item 9.A. 3019642 OR: 3018 FO: 2643 RBCORDRD in OFFICIAL RECORDS Of COLLIER CGDRTT, FL 07/24/2002 at 03:41H DWIGHT I. BROCK, CLBRA RIC H! 28.50 DOC•.70 .10 CONIFS 6.00 Beta: COLLIER D698LOMP CORY 3003 TAHIAK TR A 1100 4APLBS FL 34103 Prepared by return to: Collier Development Corporatlon 3003 Tamiami Trail North Naples, Florida 34103 Tax Fotiar 00431400004 00395600065 Ths area is reserved for r=rding information. CORRECTIVE SPECIAL WARRANTY DEED THIS INDENTURE, made this 20 day of July, 2002, between COLLIER DEVELOPMENT CORPORATION, a corporation organized and existing under the laws of the State of Florida, having its principal place of business at 3003 9th Street North #400, Naples, Florida 34103, Grantor, and COLLIER LAND DEVELOPMENT, INC., a Florida corporation and existing under the laves of the State of Florida, having its principal place of business is 3003 9th Street North #400, Naples, Florida 34103, Grantee, WITNESSETH: That said Grantor, for and in consideration of the sum of TEN Dollars, and other good and valuable consideration of said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situated, lying and being in Collier County, Florida, to wit: SEE EIr130[BTT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE THIS CORRECTIVE SPECIAL WARRANTY DEED IS TO CORRECT THE GRANTOR AND THE LEGAL DESCRIPTION AS SHOWN ON EXHIBIT A IN THE SPECIAL WARRANTY DEED :RECORDED IN OFFICIAL RECORDS BOOK 2962 PAGE 1357, AND THE LEGAL DESCRIPTION SHOD ON EXHIBIT A IN THE CORRECTIVE SPECIAL _WARRANTY DEED RECORDED I7V OFFICIAL RECORDS BOOK 2970 PAGE 24, BOTH OF THE PUBLICRECORDS OF COLLIER COUNTY. FLORIDA. SUBJECT TO: 1. Taxes for the year of 2002, and all subsequent years. 2. Applicable zoning laws, ordinances and land use regulations. 3. That the premises are free from all encumbrances made by Grantor. 4. Matters of public record (it not being the intent to reimpose the same). CORRECTIVE COLLIER LAND DE•V Pxge 1 or6 Packet Page -275- i N N T- C) N M M GR. 3078 PG; 2644 5. Less and except, and reserving unto the Grantor, all oil, gas and minerals located on, within and under the Property, and which have not been reserved to prior owners. These rights are expressly not included in this conveyance_ and Grantor will warrant and defend the property hereby conveyed against the lawful claims and demands of all persons claiming by, through, or under them, but against none other. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Print Name SgkQbIJ 7E�pca W l a Print Name '� 6--V%l 2�A. 4, 0 STATE OF FLORIDA § COUNTY OF COLLIER § COLLIER DEVELOPMENT CORPORATION, a Florida corporation By: L-- —�- Robert D. Corina, Vice President Carpamte Sal The foregoing instrument was acknowledged before me this 24"' day of July, 2002, by Robert D. Corina, as Vice President of COLLIER DEVELOPMENT CORPORATION, a Florida corporation, on behalf of such corporation. He is personally known to me. L- J4 (Vutary seal) Notary Public Commission Number: A Commission Expiration Date: igE HALL DD 01397 ,M05 orrB , h�C CORRECTIVE COLLIER LAND DEV Page Z 9f6 3/13/2012 Item 9.A. OR: 3078 PG, 2645 EXHIBIT A Description of PDA Parcel plus wetland less Tract "H" Being a part of Section 19, Township 50 South, Range 26 East and Part of Section 24, Township 50 South, Range 25 East, Collier County, Florida All that part of Section 19, Township 50 South, Range 26 East and Section 24, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows; Commencing at the northeast corner of said Section 24; Thence along the east line of said Section 24, South 000141171' West 173.15 feet to the Point of Beginning of the parcel herein described; Thence leaving said section line along the southwest right of way line ofTamiami Trail (U.S. 41) South 3910427 East 1109.03 feet; Thence leaving said right of way line South 50 155'33" West 449.00 feet; Thence southwesterly 4.39 feet along the arc of a circular curve concave to the southeast having a radius of 8.00 feet through a central angle of 31 °26'25" and being subtended by a chord which bears South 35 012120" West 4.34 feet; Thence South 19 °29107" West 4 -70 feet; Thence southwesterly 28.53 feet along the arc of a circular curve concave to the northwest having a radius of 52.00 feet through a central angle of 31 °26'25" and being subtended by a chord which bears South 35012'20" West 28.18 feet; Thence South 50 155'33" West 17.08 feet; Thence southwesterly 11.10 feet along the arc of a circular curve concave to the north having a radius of 20.00 feet through a central angle of 31047'18" and being subtended by a chord which bears South 66 049'12" West 10.95 feet; Thence South 50 155'33" West 10735 feet; Thence South 39 °02144" East 896.09 feet to the northwest line of a 120' drainage easement a& recorded in OR Book 157, pg. 269, Collier County Public Records, Collier County Florida; Thence along said easement line South 40052'10" West 40.63 feet; Thence leaving said easement line North 39 002'44" West 935.42 feet; Thence North 74 °11'12" West 273.05 feet; Thence South 61 °44'41" West 65.38 feet; Thence southerly 71.88 feet along the are of a circular curve concave to the west having a radius of 90.00 feet through a central angle of 45 °4541" and being subtended by a chord which bears South 16 °08'08" West 69.99 feet; Thence South 39000159" West 25.13 feet; Thence southerly 34.20 feet along the arc of a circular curve concave to the east having a radius of 60.00 feet through a central angle of 32 039'20" and being subtended by a chord which. bears South 22 °41' 19" West 33.74 feet; Thence South 06 °21'39" West 50.13 feet; COiRRECTWE COLLIER LAND DEV Page 3 o(6 Packet Page -277- OR, 3978 PG; 2646 CORRECTIVE COLLIER LAND DEV Page 4 of 6 Thence southwesterly 240.08 feet along the arc of a circular curve concave to the north having a radius of 130.00 feet through a central angle of 105 04848" and being_ subtended by a chord which bears South 59 016'03" West 207.39 feet; Thence North 67 049133" West 56.39 feet; Thence northwesterly 120.79 feet along the are of a circular curve concave to the Q northeast hay ng.a radius of 280.00 feet through a central angle of 240x3.02" and being subtended by a chord which bears. North 55 028102" Wes# 119.85 feet to a point N of reverse curvature; Thence westerly 154.54 feet along the are of a circular curve concave to the southwest having a radius of 170.00 feet through a central angle of 52 105'09" and cV being subtended by a chord which bears North 69109'05" West 149.28 feet to a point 0 of reverse curvature; cN Thence westerly 149.00 feet along the arc of a circular curve concave to the north r- baying a radius of 658.56 feet through a central angle of 12 157148" and being j subtended by a chord which bears North 88 042146" West_148.68 feet to a point of reverse curvature; Thence southwesterly 200.48 feet along the are of a circular curve concave to the south having a radius of 400.00 feet through a central angle of 28 °42'58" and being subtended by a chord which bears South 83 °24'38" West 198.38 feet to a point of compound curvature; Thence southwesterly 89.67 feet along the arc of a circular curve concave to the south having a radius of 720.55 feet through a central angle of 07 °07'50" and being subtended by a chord wbicb bears South 65 °29'15" West 89.61 feet to a point of reverse curvature; Thence southwesterly 231.31 feet along the are of a circular curve concave to the north having a radius of 330.00 feet through a central angle of 40 109'39" and being subtended by a chord which bears South 82 °00109" West 226.60 feet to a point of compound curvature; Thence northwesterly 534.66 feet along the are of a circular curve concave to the northeast having a radius of 1164.47 feet through a central angle of 26 °18'25" and being subtended by a chord which bears North 62 136102" West 529.97 feet to a point of compound curvature; Thence northerly 240.24 feet along the arc of a circular curve concave to the east having a radius of 155.00 feet through a central angle of 88 148'19" and being subtended by a chord which bears North 08 059145" West 216.91 feet; Thence North 35 124125" East 170.65 feet; Thence nortbwesterly 13.12 feet along the arc of a circular curve concave to the northeast having a radius of 1017.00 feet through a central angle of 00 044120" and being subtended by a chord which bears North 51 030112" West 13.12 feet; Thence North 51 108102" West 1192.89 feet; Thence northwesterly 459.98 feet along the arc of a circular curve concave to the southwest having a radius of 708.00 feet through a central angle of 37 °13128" and being subtended by a chord which bears North 69 °44'46" West 451.93 feet to a point of reverse curvature; CORRECTIVE COLLIER LAND DEV Page 4 of 6 3/13/2012 Item 9.A. OR: 3078 M-2647 Thence northwesterly 58.20 feet along the arc of a circular curve concave to the north having a radius of 200.00 feet through a central angle of 16 °40'24" and being subtended by a chord which bears North 80 °01'18" West 58.00 feet; Thence North 71 °41'06" West 68.54 feet to a point on the south right of way line of Thomasson Drive (S.R. 864); Thence along said right of way line in the following two described courses; 1. North 89 63515" East 520.56 feet; 2. North 89 °42130" East 2587.54 feet to the southwest right of way line of said Tamiami Trail (U.S. 41) Thence leaving said Thomasson Drive along said Tammiami Trail South 39 °04'2T' East 157.97 feet to the Point of Beginning of the parcel herein described. LESS TRACT H AS FOLLOWS: Commencing at the northwest corner of said Section 19; thence along the west line of said Section 19 South 00 014'17" West I73.15 feet to a point on the southwesterly right of way line of U.S.41 ( Tamiami Trail); thence leaving said section line along said right of way line. South 39 104101" East 1028.01 feet to the Point of Beginning of the parcel herein described; thence continue South 39 °04'01" East 81.00 feet; thence South 50 155'33" West 449.00 feet; thence southwesterly 4.39 feet along the arc of circular curve concave to the southeast having a radius of 8.00 feet through a central angle of 31 126125" and being subtended by a chord which bears South 35 012'20" West 4.34 feet; thence South 19129107' West 4.70 feet; thence southwesterly 28.53 feet along the arc of a circular curve concave to the northwest having a radius of 52.00 feet through a central angle of 31 12625" and being subtended by a chord which bears South 35 112'20" West 28.18 feet; thence South 50 055'33" West 17.08 feet; thence westerly 11.10 feet along the are of a circular curve concave to the north having a radius of 20.00 feet through a central angle of 31 147'18" and being subtended by a chord which bears South 66 149'12" West 10.95 feet; thence South 50 155'33" West 99.61 feet; thence North 74 °I i'l2" West 243.66 feet to a point on the west line of said Section 19 also being the east line of said Section 24; thence continue North 74 011112" West 342.99 feet; thence westerly 119.05 feet along the are of a circular curve concave to the south having a radius of 13850 feet through a central angle of 49 °15100" and being subtended by a chord which bears South 81 °11'21" West 115.42 feet to a point of reverse curvature; thence northwesterly 216.74 feet along the are of a circular curve concave to the north. having a radius of 135.50 feet through a central angle of 91 038152" and being subtended by a chord which bears North 77 136'43" West 19436 feet; thence North 31 047117" West 59.53 feet; CORRECTIVE COLLIER LA:-ND DEv Pipe 3 of 6 Packet Page -279- * ** 4R: 3078 PG; 2648 * ** Subject to easements and restrictions of record Containing 72.87 acres more or less Bearings are based on the east line of Section 24 being South 00 °14'17" West. By Date Michael H. Maxwell, P.S.M. LS# 4650 Certificate of Authorization # LB-43 Ref. 4D -110A CORRECTIVE COLLIER LAND DE`/ r2RC6 orb thence northwesterly 41.47 feet along the arc of a circular curve concave to the southwest having a radius of 38.50 feet through a central angle of 61 °43'19" and being subtended by a chord which bears North 62 038156" West 39.50 feet to a point of reverse curvature; thence northeasterly 165.05 feet along the are of a circular curve concave to the Q northwest havin,g_a radius of 810.00 feet through a central angle of 11 °40'31" and being subtended by a chord which bears North 55928116" East 164.77 feet; E thence North 64 °28'30" East 52.38 feet; thence North 50 °58145" East 198.83 feet; = thence North 42 °27'07" East 80.93 feet; cV thence North 50 °58'45" East 313.09 feet; p thence North 64 °28130" East 35.88 feet; N thence South 39101'15" East 44.49 feet; thence South 74 111144" East 7.65 feet to a point on the east line of said Section 24 j also being the west line of said Section 19; thence continue South 74 °11'44" East 132.21 feet; thence South 39 °04'27" East 514.91 feet; thence North 50 °55'33" East 255.55 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record Containing 72.87 acres more or less Bearings are based on the east line of Section 24 being South 00 °14'17" West. By Date Michael H. Maxwell, P.S.M. LS# 4650 Certificate of Authorization # LB-43 Ref. 4D -110A CORRECTIVE COLLIER LAND DE`/ r2RC6 orb k This instrument prepared by and return to: Kenneth D. Goodman, Esquire Goodman Breen & Gibbs 3838 TamimW Trail North, Suite 300 Naples, Florida 34103 0 3/13/2012 Item 9.A. 3372968 OR; 3534 PG. 2646 1HCORDID In 0211CIAL WORDS of COLL111 COMM, IL 04/05/2001 at 09:39AX DWIGHT I. B1OCI, CLIU cols 3811093.14 IIC 111 10.50 DONH 4011!.10 Zeta: GOODMAN Bull IT AL 3838 MIAXI tR 11300 NARSS FL 34103 Space above reserved for Clerles office WARRANTY DEED THIS INDENTURE, m ' 2004,. by and between Ci; fi�r' 1 limited liability compap�(Ik- feinafter rej THOKASSON PROPERTY, �L4�, 'a--, 1U referred to as " Grante "), avmg North, Suite 300, Nap es, include their respectly S r r where the context re q a r.xi'/ this —2A� day of March, kBWAKE, L.L.C., a Florida as `Grantor'°), and 41 )iliV company (hereinafter s 'at 3838 Tamiami Trail tra !tor' and "Grantee" to ,s� ccessors and assigns WITNESS ; -0 GRANTOR, for and f ' ,¢n ation -o sum of TEN AND N01100 DOLLARS ($10.00) and other consideration, the receipt and' adequacy of which is hereby acknaw ed, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto Grantee, that certain real property located in the County of Collier, State of Florida to wit: Tract "E" of SABAL BAY COMMERCIAL PLAT - PHASE ONE, according to the Plat thereof as recorded in PIat Book 38, Pages 81 through 84, inclusive, of the Public Records of Collier County, Florida. Propery Rerference #71750000185 SUBJECT TO restrictions, reservations, and easements or record, and taxes for year 2004 and subsequent years. Packet Page -281- _ _ . M o a a) N 0 N M co I OR; 3534 PG; 2607 TO HAVE AND TO HOLD the Property, with all and singular the rights, interests and appurtenances belonging or in anywise appertaining to the Property, to the use, benefit and behoof of Grantee, forever, in FEE SIMPLE. AND GRANTOR will warrant and forever defend the title to the above described Property unto Grantee against the- claims of all persons and entities whomsoever claiming by, through or under the Grantor, but against no others. IN WITNEW WHFREOF, Grantor has executed this instrument under seal on the day and year first above written. Signed, sealed and delivered in the presence or - If witness CRAVEN - PELICAN BAY/RATTLESNAKE, L.L.C:, a Florida limited liability Company By: PELICAN BAY HOLDINGS, L.L.C., a ��s_ \� `ss �.�.,o\ - ---- -- lorida limited liability company, as Legibly, Prat Name of Witaesa��.� ing Member of Craven - Pelican / esnake, L.L.C., a Florida • � limit ` ,�� S' tore of the . J I - Legibly Print Name of Witness r ing Member STATE OF FLORIDA ) �1 COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this 3`Sk day of March, 2004, by James A. Nashman, as Managing Member of PstaeAN BAY HOLDINGS, L.L.C., a Florida limited liability company, as Managing Member of Craven - Pelican Day/ Rattlesnake, L.L.C., a Florida limited liability company, on behalf of the limited liability companies. He [ J i��ers Wally lmna�r,� to me or[ j has produced as identification. Y ".; Angela M. Overholt Car>kj i. #WM79 Pu lic, State of Florida Hsi: Feb 1n0t, 2008 My commission expires: Atlantic &Mdhe Co., 'Or- 2 t, Record &. Retum to: landAmerica - Brigitte Sawicki 1302 N. 19th Street, Suite 200 TanVQ, FL 33605 Fle # _ T- -DU t.l 0 N 1- This Instrument Was Prepared By: Charles Saperstein, Esq. Alter Mantel, LLP 90 Park Avenue New York, New York 10016 Grantee's Tax Identification No. Folio Number: 7 / 7 5000,),P q 3/13/2012 Item 9.A. 3776484 OR; 3974 PG; 1662 RICORDBD In 011ICII11 MODS of COLLIER COZIw'!I, IL 01/31/2006 at 12:5518 D110 1. BROCi, CLHU CO1s 2466000.00 He ni 35,40 DOC -.TO 11262.00 Mtn: Li1UDAURICA 1302 11911 S1 1200 t1Ui1Jl 1133605 5230 THIS SPECIAL W, m Df t S-;�k day of January, 2006 between Bayrock Investme4t o., a th ro na genera pa tnership ( "Grantor"), whose mailing address is 1031 So h 1 , Lott , North Carolina 28203 and Heritage Naples, LLC, a ela ar li ke 1 a 111 n , hos mailing address is c% Kent Companies, Inc., 6 }5 Rout �3, 'a Y T' "Grantee"). Wherever used herein, the terms "Grant nd "Grantee" sh 1 in�clu e q eir respective heirs, legal representatives and assigns. 0 I E S S�i� That Grantor, for and in consideration1— o- F- Me`sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee all that certain land situate and being in Collier County, Florida, and as more particularly described on Exhibit "A" hereto (the "Property"), This conveyance is subject to the items shown on Exhibit "B" hereto. TOGETHER with all buildings, structures and improvements situate therein or thereon and all of the tenements, hereditaments, easements, licenses and appurtenances belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD, the same in fee simple forever. AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the 1 H.• L4PPSh. p80U3QlN8- lf- dr-9-MV1.- ,(901 TrailE- Nap&- W—FoUt w4pla- Qmd.dx - Packet Page -283- . -- OR; 3974 PG; 1563 Property; and that Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be executed by its duly authorized representative on the day and year first above written, Q Signed and delivered in our presence: BAYROCK INVESTMENT CO., a North Carolina general partnership NM nt ame: N By: BAYROCK INVESTMENT CO., LLC, a N Nevada limited liability company, general M -ze, partner co Print Name: e Yei5fi uE v2. s 7VCX;1� e C' L. HaifiTons, Managing Member STATE OF FLORIDA - COUNTY OF SARASOT The foregoing instrument w e t of January, 200b b o . � J ry, y Thomas L. Hammons as Managing er of Bayrock Inv en CQ! f C, a Nevada limited liability company, general partner of ck Investment o t` arolina general partnership on behalf of the company, and as f the company. l 0 � Personally Known �— O e ca n Type of Identification Produced I Print or Stamp Name. �nw. Notary put4c State of Florida Notary Public Christine M Stoddon a My Commission DD3W23 Commission No.: Expires 04"&M My Commission Expires: 8-NPPShryd0V 361 NB - H.vIroQ•N.pIo -4704 .r—d- d TrWI E -Wapis WM F- kfoWdpfa DAVd d., t I� i 3/13/2012 Item 9.A. OR: 3974 PG► 1564 Tract F, Sabal Bay Commercial Plat — Phase One, according to the plat thereof as recorded in Plat Book 38, Page 81, Public Records of Collier County, Florida. Together with access rights over the access easement adjacent to Tract F on Sabal Bay Commercial Plat — Phase One, according to the Plat thereof, as recorded in Plat Book 38, Page 81, Public Records of Collier County, Florida. C�� 3 &4,WfSlrp60%3367vd- dslfas.Mpla -4900 T.W.W TrailE -Napla Wv F.UoW I - Detddx Packet Page -285- __ N N r O N CO CO OR; 3974 PG; 1565 err �BJ. 1. All easements, conditions, covenants, restrictions, reservations, limitations and agreements of record, provided that this instrument shall not reimpose same. 2. Real estate taxes for the year 2006 and all subsequent years. 3. Zoning, building and other regulatory laws and ordinances. 4. All other matters of record on the date hereof. - k - �'-- R C0 K-LtPPSM1iyd0UJ611ld • Kaitaea Noplo - $904 raadand Isall E- Napin Wew FoNerlNayla- DeuLdoe f 10 . *V INSTR 4497926 OR 4625 PG 2006 RECORDED 11/19/2010 3:13 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $1,120.00 REC $18.50 CONS $160,000.00 T f 0 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR COLLIER COUNTY FLORIDA CAPITAL BANK, N.A., a Florida banking corporation, Plaintiff, V. Case No. 10 -371 -A HOGAN THOMASSON, LLC, a Florida limited liability company, now known as HOGAN THOMASSON JOINT VET r LLC; MICHAEL D. HOGAN et aly( �s/,''�� \��r Defendants, U0. 3/13/2012 Item 9.A. -4 /A r" a �< - 1 o cn cn Doe Stamp Tax Paid: The undersigned, DWIGHT E. BROCK, Clerk of the Circuit Court, certifies that he executed and filed a Certificate of Sale in this action on the 8th day of November, 2010, for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. The property is described as follows: Tract C, Sabal Bay Commercial Plat -Phase One, according to the Plat thereof, recorded in Plat Book 38, pages 81 through 84, inclusive, of the Public Records of Collier County, Florida TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter attached to the property. I Packet Page -287- r N N_ O N r M * ** OR 4625 PG 2007 * ** located in Collier County, Florida, and was sold to Tiger Investment Group, Inc., whose address is 10151 Deerwood Park Boulevard, Building 100, Suite 410, Jacksonville, Florida 32256. Wi i NESS my hand and the seal of this Court on this __L 3 ' day of 2010. ON DWIGHT E. BROCK,• Clerk of the Circuit Coiirtt By: �•�: yvi ..°.41•. Y,YF' �.n °�'Y ux'.:✓ �.T, . Deputy Clerk co N` Copies to: Michael Botos, Esquire /.- sq ire Michael E. Botos, P.A. t,' o d, Long & McBride 525 Okeechobee Boulevard, it 1 00 3 6 1 sho 1v /West Palm Beach, FL 33401 , u 0 �v Tel: 561.820.0209 `� Tampa 3 60 Fax 561.655.8719 ! Tel: 81 32 Attorneys for Sabal Bays' Attorney fo e dants Robert G. Stem, Esquire Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis 2700 Bank of America Plaza 101 East Kennedy Boulevard P.O. Box 1109 Tampa, FL 33602 Attorneys for Plaintiff 2 w 3/13/2012 Item 9.A. INSTR 4526477 OR 4652 PG 1837 RECORDED 2/16/2011 8:52 AM PAGES 4 J� DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc @.70 $8,811.60 REC $35.50 CONS $1,258,790.80 Debt Forgiven, PIus Accrued Interestrfransler Dollar Amount: 51,258,790.80 Documentary Stamp Tax Amount: $8,811.60 Property Identification Number: 71750000I43 Prepared without opinion of title by: Daniel K. Wcidenbruch, Esq. Roetzel & Andress, LPA 850 Park Shore Drive, Third Floor Naples, Florida 34103 -3587 (239) 649 -6200 (Space Above'ntis Line For Recording Datal WARRANTY DEA&. r RECLOSURE This Warranty Deed in ieu .usec sure is made th' day of Niivttn4 .., .2010, by WR Development III, L. .C.7a 1 ' h rte , bility y, whose address is 3838 Tarniami Trail North, Suite 4: 6, 1 an Regions Bank, an Alabama State banking corporation, s c sso b a r o t B whose address is 4851 Tamiami Trail North, Naples � 'd OI C C nl c ely ` Gttan W : (Whenever used herein the t nlor" and "Grantee' include e p Les Vii ' strument and the heirs, legal repmentatives and assigns i dusts, and the successors tai s o c6 Lions, trusts and trustees.) Witnesseth, that the Gran r d in conside �r the sum of TEN AND N01100 DOLLARS ($10.00) and other goo Brit✓ t rst� Lions, receipt of which is hereby acknowledged, hereby grants, bargains, "a i�mises, releases, conveys and confirms unto the Grantee, all that certain land situate, lying and being in Collier County, Florida, to wit ( "the "Property'); Tract D, SABAL BAY COMMERCIAL PLAT -PHASE ONE, according to the plat thereof recorded in Plat Book 38, Pages 81- 84, of the Public Records of Collier County, Florida Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said Iand; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except those items listed on Exhibit "A" attached hereto and made a part hereof. Page 1 of 3 Packet Page -289- OR 4652 PG 1838 This Warranty Deed in Lieu of Foreclosure is made, executed and delivered pursuant to that certain Deed in Lieu of Foreclosure Agreement of even date herewith (the "DIL Agreement ") in lieu of foreclosure of that certain Mortgage, Security Agreement and Assignment of Rents by and between Grantor, as "Mortgagor ", and Grantee, as "Mortgagee ", Q dated October 13, 2005, and recorded at Official Records Book 3914, Page 3774, of the Public Records of Collier County, Florida (the "Mortgage"). It is expressly acknowledged and agreed between Grantor and Grantee that the Iien of the Mortgage and the fee title to the Property shall Nnot be merged by virtue of the execution and delivery of this Warranty Deed, that the Iien of the Mortgage is preserved in favor of Grantee and that Grantee preserves its rights as the Mortgagee N under the Mortgage to foreclose any and all junior liens and/or encumbrances. Grantor hereby 0 represents, indemnifies and warrants to Grantee that the list of liens and encumbrances attached N hereto as Exhibit "A" constitutes a full and complete list of all Bens and encumbrances which co affect the Property. Grantor further represents, warrants, acknowledges and agrees that (i) it is in M default of the Mortgage .(and the Promissory Note secured thereby) for failure, among other defaults, to pay principal and interest dl,th n due, (ii) this Warranty Deed is made, executed, delivered and given by to 11 consideration of a partial and conditional waiver of any deficie a payment o �ue under the Mortgage and the Promissory Note (except as ma b herwise provided for r the IL Agreement); (iii) Grantor waives any and all rights of re em ii -to-ti perty; (iv} Grantor makes, executes and slivers this Warranty Deed i G> ee, fee wi vo u tan and without any duress of any kind whatsoever, ackno led n a% a e t a tl si eration paid by Grantee for this Warranty Deed is fair, d ) Gr t r ers s C. rms, conditions, acts, and consequences of this delive ed, raptor's execution of this Warranty Deed constitutes an Iute conveyance o o G 's right, title and interest in and to the Property and is not i d to be additionss %,U ' , 0 By execution hereof Granter assitferring and conveying to Grantee any and all development rights and/ory �uK� onging to Grantor and/or otherwise pertaining to the Property including, withou ton, those development rights contained in that certain Special Warranty Deed dated October 17, 2005, and recorded at Official Records Book 3914, Page 3771, of the Public Records of Collier County, Florida. [SIGNATURE AND NOTARY PAGE TO FOLLOW] Page 2 of 3 3/13/2012 Item 9.A. OR 4652 PG 1839 In witness whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Witnesses: GRANTORS: a IMF, r, WR Development III, L.L.G., A Florida limited liability company By. IRC Management, LLC, A Florida limited liability company Its Manager By: ner Filthaut, its Manager CQu; STATE OF crrOl �� COUNTY OF I ' -t, 0 The foregoing ins t was acknowl ,ged bye of me this I day of DtLtr+-L tae../' 2010, ' amer Filthaut, J IRC Management, LLC, a Florida limited liability compan - n anager of WR De nt III, LLC, a Florida limited liability company, who is ( ) p o me— as produced flit yc.v- 1- +'t�►�� Seal xornxx pc'BUNTrerE aP OMDA 1 " z Daniel Weldenbruch e' commission # EE005866 My fission Expires: ',,,1 Expires: JULY 10, 2014 sonmm rsareru�zseaoa��c co,uc� 628213.01.003322.0284 Page 3 of Packet Page -291- * ** OR 4652 PG 1840 * ** EXHIBIT "A" Permitted Exceptions 1. Taxes for the year 2010, which are not yet due and. payable. 2. UCC Financing Statement between WR Development M, L.L.C., a Florida Iimited liability company and AmSouth Bank as recorded in O.R. Book 3914, Page 3792, as continued in O.R. Book 4560, Page 2280, Public Records of Collier County, Florida. N 3. All matters contained on the Plat of Sabal Bay Commercial Plat -Phase One, as recorded in Plat r- Book 38, Page 81, along with Affidavit recorded in O.R. Book 3242, Page 2414, Public Records of O Collier County, Florida M4. Notice of Adoption of Development Order recorded in O.R. Book 1242, Page 1566, Public Records \ of Collier County, Florida. M 5. Oil, gas, mineral, or other reservations as set forth in deed by Collier Enterprises, LTD. / Collier Development, a Florida corporation recur. Ok 2962, Page 1357, as corrected in O.R. Book 2970, Page 24 and OR Bo �� T vier of Surface Exploration Rights recorded in Q.R. Book 3914, P ,Public Recor s ' r County, Florida. No determination has been made s oche current record owner r th interest excepted herein. The rights of entry and/or explo do v een eleasecl, elimin ed record. 6. Amended Preliminary Dev lop ent gr ecorde in 0.R Bo k 3041, Page 2030, along with Notice of Adoption 9q�Pr a rec rded in O.R. Book 3309, Page 1115, Public Recor4 of of ier of ' 7. Drainage Easement and ain1t i t e rded R Do k 3058, Pa a 2302 Public Records of Collier County Ftb 'da. �"- , N g ' 8. Temporary Drainage and- ntwance Agreement rec ed n ook 3058, Page 2313, Public Records of Collier County, 9. Standard Form Collier County o ution Agreement f 3 oad/ act Fee Credits recorded in O.R. Book 3138, Page 2357 and a eggL eck 3356, Page 1677, as amended in O.R. Book 4356, Page 714, Public Florida. 10. Covenants, conditions and restrictions recor st 26, 2002, in O.R. Book 3097, Page 795, as amended in O.R Book 3952, Page 3499, Public Records of Collier County, Florida. 11. Utility Facilities Warranty Deed and Bill of Sale recorded in O.R. Book. 3340, Page 1043, Public Records of Collier County, Florida. 12. Companion Agreement recorded in OR Book 3424, Page 337, as amended in Q.R. Book 4218, Page 1451, O-R. Book 4356, Page 714 and O.R. Book 4506, Page 3172, Public Records of Collier County, Florida. 13. Restrictions contained in Special Warranty Deed recorded in O.R. Book 3914, Page 3 77 1, Public Records of Collier County, Florida. 14. Ingress and Egress Easement Agreement recorded in O.R. Book 3914, Page 3799, Public Records of Collier County, Florida. 15. Resolution recorded in O.R. Book 4228, Page 2338, Public Records of Collier County, Florida. 16. Dedication and Conveyance of Drainage Easement recorded in O.R. Book 4385, Page 3675, Public Records of Collier County, Florida. 17. Terms and conditions included in the Memorandum of Lease from Collier Land Development, Inc., a Florida corporation to Publix Super Markets, Inc., a Florida corporation, recorded March 26, 2002, under O.R. Book 3005, Page 3098, as amended in O.R Book 3024, Page 2839, as affected by Affidavit recorded in O.R. Book 3914, Page 3769, Public Records of Collier County, Florida. 3/13/2012 Item 9.A. 3786766 OR: 3983 PG: 3950 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, YL 02/16/2006 at 12:53PM DWIGHT H. BROCE, CLIRE Prepared bX; CONS 1500000.00 , REC Ili 18, 00 Michael E. Botos, P.A. .00 DOC -.70 10500 Edwards Angell Palmer & Dodge LLP COPIES 0.00 One North Clematis Street, Suite 400 NISC 150 i West Palm Beach, Florida 33401 Retrl: EDWARDS & ANGELL Real Property Appraisers Parcel l N CLEMATIS ST 1400 Identification Nos.: 71750000020 NEST PALM BEACH FL 33401 7175.0000062 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this /q day of February, 2006, by i COLLIER LAND DEVELOPMENT, INC., a Florida corporation, the address of which is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103, (the "Grantor ") to HAMMOCK COVE, LLC, a Delaware limited liability company, the address of which is 1436 Gormican Lane, Naples, Florida 34110 (the "Grantee "). WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, receipt whereof by Grantor is hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, legal representatives, successors and assigns forever, the following described land, situate, lying and being located in Collier County, Florida, to wit: See Exhibit A attached hereto and made a part hereof. TO HAVE AND TO HOLD, the same in fee simple forever. This conveyance is made subject to: 0) applicable zoning ordinances; (ii) real estate taxes for the year of 2006 which are not yet due and payable; (iii) exceptions referenced on Exhibit B attached hereto; (iv) the following restrictions, which are hereby imposed upon the Property as a covenant running with the Land: see Exhibit C attached hereto; and (v) against the use for automobile parts or repair, discount retail, or fast food, and against the uses set forth in the attached Exhibit D. AND GRANTOR hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. PM8 291450 I.1". Packet Page -293- I a� N O N co r co OR: 3983 PG; 3851 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. i• L V� Witness' Print Name: /1. e `6Vitfiess (J Print Name: Elizabeth M. Ditltnghom COLLIER LAND DEVELOPMENT, INC., a Florida corporation (corp. seal) By: Patrick L. Utter, Vice President STATE OF FLORIDA � OUNTY OF COLLIER The foregoing instrument was acknowledged before me this JUday of February, 2006 by Patrick L. Utter, the Vice President of Collier Land Development, Inc., a Florida corporation. He is Sj personally known to me or ❑ has produced as identification. MR Not Public in and for t State and County *CW"440M1)01eaf }9 aforesaid. (seal) EV*ft.Wnwry,00.2W Commission Number: 2 l6r7 /!� My Commission expires: Print Notary Name: �►i� hath M— Dlllinyham lwa PMB_291 450_ I.DOC/ 3/13/2012 Item 9.A. OR: 3983 PG: 3952 EXHIBIT "A" LEGAL DESCRIPTION Tract A and Tract B, Sabal Bay Commercial Plat - Phase One, according to the Plat thereof, as recorded in Plat Book 38, Page 81, of the Public Records of Collier County, Florida. TOGETHER WITH: Parcel 2 (Easement Estate): Non - exclusive easement rights to drain and retain stormwater from the Commercial Site over, across and onto the Drainage Area, and to detain such stormwater within the Drainage Area as permitted by the South Florida Water Management District, as more particularly set forth in that certain Drainage Easement and Maintenance Agreement, as recorded in Official Records Book 3058, Page 2302; together with non - exclusive easement rights over and across the Swale Area for the purpose of providing stormwater drainage from the Drainage Area to the Lely Canal, as more particularly set forth in that certain Temporary Drainage and Maintenance Agreement, as recorded in Official Records Book 3058, Page 2313, both of the Public Records of Collier County, Florida. AND TOGETHER WITH: Parcel 3 (Easement Estate): Non - exclusive easement rights for vehicular and pedestrian access, ingress and egress over and across the ingress/egress easements shown on the Plat for the purpose of providing pedestrian and vehicular access, ingress and egress, but not parking, between the Commercial Tracts and the publically dedicated Rights -of -Way providing access to the Commercial Tracts; together with easement rights in, to, over, under, along and across those portions of each Commercial Tract, excluding Building Areas, as being an easement dedicated for such purpose, for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation and removal of Utility Lines, including but not limited to, sanitary sewers, storm drains, water (fire and domestic), gas, electrical, telephone and communication lines; together with non - exclusive easement rights in, over and across the Common Area of each Commercial Tract for the purpose of discharging stormwater drainage and/or runoff from any Commercial Tract upon and across those portions of the Surface Water Management System located within such Commercial Tract; all as more particularly set forth in that certain Sabal Bay Commercial Plat Declaration of Restrictions, Covenants and Grant of Easements, as recorded in Official Records Book 3097, Page 795, of the Public Records of Collier County, Florida. - 3 - PM8 29145D I.DOG Packet Page -295- ai V. 0 N M co OR: 3983 PG; 3953 EXHIBIT B PERMITTED EXCEPTIONS 1. Restrictions, covenants, conditions, dedications, easements and other matters as contained on the Plat of Sabal Bay Commercial Plat - Phase One recorded in Plat Book 38, Page 81; as affected by Mortgagee's Joinder in the Plat recorded in Official Records Book 3106. Page 2052; Certificate recorded in Official Records Book 3242, Page 2413; *and by Affidavits recorded in Official Records Book 3242, Page 2414 and Official Records Book 3466, Page 2064, all of the Public Records of Collier County, Florida. 2. Oil, gas and minerals reservations in favor of Collier Development, Inc., a Florida corporation as set forth in Special Warranty Deed recorded in Official Records Book 2962, Page 1354 and corrected in Official Records Book 3078, Page 2639, as affected by Waiver of Surface .Exploration Rights recorded in Official Records Book 2995, Page 3211. (As to Parcels 2 and 3 only) 3. Oil, gas and minerals reservations in favor of Collier Enterprises, Ltd., recorded in Special Warranty Deed recorded in Official Records Book 2962, Page 1357, as corrected in Official Records Book 2970, Page 24 and Official Records Book 3078, Page 2643. 4. Restrictions, covenants, conditions, dedications, easements and assessments and fees, as set forth in Sabal Bay Commercial Plat Declaration of Restrictions, Covenants and Grant of Easements recorded in Official Records Book 3097, Page 795. 5. Terms, conditions and provisions of the Amended Preliminary Development Agreement recorded in Official Records Book 3041, Page 2030; as affected by the Notice of Adoption of Preliminary Development Agreement recorded in Official Records Book 3309, Page 1115. 6. Terms, conditions and provisions as contained in that certain Drainage Easement and Maintenance Agreement by and between Collier Land Development, Inc., and Tract H Development, Inc., recorded in Official Records Book 3058, Page 2302, and as affected by Temporary Drainage and Maintenance Agreement recorded in Official Records Book 3058, Page 2313 7. Terms, conditions and provisions of the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits recorded in Official Records Book 3138, Page 2357; as affected by Affidavit Confirming Exhibit's "D" and "E" to Developer Contribution Agreement recorded in Official Records Book 3356, Page 1677; and as further affected by Companion Agreement to the October 22, 2003 Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements, as recorded in Official Records Book 3424, Page 337. 8. Utility Easement in favor of Collier County recorded in Official Records Book 1346, Page 1693. -4- PMB_291450_1.DOC1 i i 3/13/2012 Item 9.A. OR; 3983 PG; 3954 9. Easements in favor of Florida Power and Light Company recorded in Official Records Book 3149, Page 3054 (As to Parcel 1); Official Records Book 3149, Page 3058 (as to Parcels 2 and 3); and Official Records Book 3149, Page 3063 As to Parcels 2 and 3). 10. Utility Facilities Warranty Deed and Bill of Sale recorded in Official Records Book 3381, Page 820 as affected by Utility Facilities Subordination, Consent and Joinder recorded in Official Records Book 3381, Page 824 (As to Parcels 2 and 3); and Utility Facilities `Vat anty Deed' and Bill of Sale recorded in Official Records Book 3340, Page 1043 (As to Parcel 1). 1 I _ Easements as set forth in Special Warranty Deed recorded in Official Records Book 3524, Page 1269. 12. Terms, conditions and provisions as contained in that certain Unrecorded Lease by and between Collier Land Development, Inc., a Florida corporation, Landlord, and Publix Super Markets, Inc., a Florida corporation, Tenant, as evidenced by and together with the Memorandum of Lease recorded in Official Records Book 3005, Page 3098; First Addendum to Memorandum of Lease recorded in Official Records Book 3024, Page 2839; Second Addendum to Memorandum of Lease recorded in Official Records Book 3326, Page 2567; Third Addendum to Memorandum of Lease recorded in Official Records Book 3590, Page 453 and Subordination, Non - Disturbance and Attornment Agreement recorded in Official Records Book 2995, Page 3184. (As to Parcels 2 and 3) 13. Terms, conditions and provisions as contained in Unrecorded Lease with Subway Real Estate Corp., as evidenced by and together with Memorandum of Lease recorded in Official Records Book 3386, Page 2148. (As to Parcels 2 and 3) -5- Packet Page -297- PMB ?91450 I.DOC OR: 3983 PG; 3955 EXHIBIT C RESTRICTIONS A. Improvements to the Property (the "Improvements ") shall be limited to single story office buildings. The maximum total building area for the Improvements to the Property shall not Q exceed27,500 square feet of office -and 1,500 square feet of retail development. Outside vending rn machines will not be permitted on the Property. In the event the Improvements proposed by E Grantee and approved by Grantor contain less than 29,000 square feet, the difference between the 4? approved footage and the 29,000 square feet shall be retained by Grantor. The Architectural N Theme shall incorporate an Old Florida style. The architecture should incorporate a galvanized standing seam metal roof and include elements (columns, shutters, lattice work, etc...) of the N Publix Elevation attached to the Contract for Purchase and Sale between Grantor and Grantee c h last dated September 16, 2005 (the "Contract ") as Exhibit C. Colors and materials for the Mexterior of buildings are subject to Grantor's approved in writing. Grantee shall submit to Grantor architecturally prepared to scale site plan and building elevations (front, sides and rear view) of the proposed building(s), including landscaping and signage for Grantee's proposed Improvements. A consistent signage theme will be carried throughout the development. The Property may have one ground sign that identifies the name and logo of the occupant only, similar to that of Exhibit D attached to the Contract. All signage, including the graphics, colors, sizes and location of signs must be approved by the Grantor, in writing, prior to installation. Signs must be professionally lettered and must conform to the appropriate local ordinances. Grantee is responsible for obtaining all necessary permits and paying all required fees. Pylon signs will not be permitted. Ground signs or other identifying elements for the development or for specific buildings or tenants should be placed to coordinate with access drives and landscape elements and be consistent with the standards outlined in this document. Grantor agrees to review the plan and approve or disapprove the conceptual plan within five (5) business days of receipt, said approval shall not be unreasonably withheld. Any disapproval shall be in writing specifically indicating the matters disapproved. Prior to obtaining the approvals required herein or in the Declaration of Sabal Bay Commercial Plat — Phase One, or should Grantor disapprove the conceptual plan, no improvement of any kind shall be commenced, constructed, installed, erected, or placed upon or within the Property, nor shall any amendment, change or alteration of any existing improvement located on the Property. B. Neither Grantor, nor Grantor's affiliates nor their respective representatives, officers, directors, employees, or agents, shall either jointly or severally be liable or accountable in damages or otherwise to Grantee or other person or party whomsoever or whatsoever by reason or on account of any decision, approval or disapproval of any plans, specifications or other materials required to be submitted for review and approval pursuant to the provisions of the Contract, or for any mistake in judgment, negligence, misfeasance or nonfeasance related to or in connection with any such decision, approval or disapproval. Grantee shall not be entitled to and 6 - PMB_291450 1_DOCr 3/13/2012 Item 9.A. OR: 3983 PG: 3956- shall not bring any action, proceeding or suit against Grantor or any of Grantor's affiliates or their respective representatives, officers, directors, employees or agents of any of them for the purpose of recovering any such damages or other relief. Additionally, plans, specifications and other materials submitted to and approved by Grantor shall not be reviewed or approved for their compliance with any applicable laws or governmental or environmental permits, including, without limitation, any applicable building or zoning laws, ordinances, rules or regulations. By the approval of any such plans, specifications or materials, neither Grantor nor Grantor's affiliates or their respective representatives, officers, directors, employees or agents of any of them, shall have, assume or incur any liability or responsibility whatsoever for any violation of Iaws or any defect in the design or construction of any building, structure or other aspect of the Improvements, constructed, erected, placed or installed pursuant to or in accordance with any such plans, specifications or other materials approved pursuant to the Contract, nor shall such approval by Grantor be deemed to constitute a representation or warranty by Grantor that such Improvements, parking facilities, intersections, or other components of Grantee's proposed development can or will be approved by applicable governmental entities having jurisdiction thereof. It shall be solely Grantee's obligation to verify the availability of such approvals and to obtain same at Grantee's expense. C. Grantee hereby agrees to commence construction of the approved vertical Improvements on the Property within twenty -four (24) months following the date of this Deed and to continuously and diligently prosecute such construction to completion within twelve (12) months following commencement of construction. Delays in commencement and/or completion because of an act of God or other events outside of Grantee's control shall extend such commencement period and/or completion period ( "Extension "). Grantee hereby grants to Grantor an option ("Option') to repurchase the Property and the Improvements thereon in the event Grantee fails to commence construction within twenty -four (24) months following the date of this deed (subject to the Extension), or to complete construction within twelve (12) months following commencement of construction (subject to the Extension), for the then appraised value of the i Property and the Improvements, as determined by a then current appraisal, such value to be no less than the Purchase Price of the Property (as defined in the Contract) and the hard and direct i soft costs (including, but not limited to, interest expense) paid by Grantee in connection with the Improvements constructed in accordance with plans approved by Grantor plus, interest at the rate of six percent (6 %) per annum on all of the foregoing. The Option shall be exercisable by Grantor, if at all, only by giving written notice to Grantee within the following period: (i) if iGrantee fails to commence construction within the commencement time frame required above, prior to the earlier of (x) the date Grantee commences construction or (y) the 90th day after the end of the commencement time frame required above, or (ii) if Grantee fails to complete construction within the completion time frame required above, prior to the earlier of (x) the date Grantee completes construction or (y), the 90th day after the end of the completion time frame required above. If such Option shall be exercised, Grantor shall have the Property and Improvements appraised by an appraiser selected by Grantor. If Grantee disputes the value as determined by such appraiser, Grantee may have the Property and Improvements appraised by an appraiser selected by Grantee- If the parties cannot agree on the value, the two appraisers shall jointly select a third appraiser, whose determination of value shall control. Each of the appraisers shall have an MAI designation and shall be primarily conducting business in Collier County, - 7 - PMB 29[450 l.DOG Packet Page -299- N N 0 N co co OR: 3983 PG: 3957 Florida. The results of the appraisals must be available within sixty (60) days of the date Grantor exercises is option to purchase the Property and Improvements. The cost of the appraiser lected by Grantor shall be paid by Grantor, the cost of the appraiser selected by Grantee shall be paid by Grantee, and if a third appraiser is appointed, the cost of the third appraiser shall be shared equally between Grantor and Grantee. The closing pursuant to the Option shall take place within ninety (90) days following Grantor's exercise of the option to purchase, shall be for cash, closing expenses allocated as provide in Paragraph G of Article IV of the Contract, with Grantee's delivery to Gram t of title in the same condition as delivered to Grantee pursuant to the Contract. D. Sections 16 and 18 of the Publix lease, copies of which are included in the Memorandum of Lease recorded in Official Record Book 3005, Page 3098 as amended by First Addendum to Memorandum of Lease recorded in Official Records Book 3024, Page 2839, as further amended by Second Addendum to Memorandum of Lease recorded in Official Record Book 3326, Page 2567 and as further amended by Third Addendum of Memorandum of Lease of record in Official Record Book 3590, Page -453, all of the Public Records of Collier County, Florida. .8- PMH_?414M_I.D0C 3/13/2012 Item 9.A. * ** OR; 3983 PG; 3958 * ** EXHIBIT D OTHER RESTRICTED USES In addition to all other restrictions of record, the Property shall be subject to restrictions prohibiting the following uses: 1. Coin laundry 2. Check cashing facility 3. Day labor agencies 4. Discount retailers (such as Discount Auto Parts, Tire Kingdom, Dollar General, Tuesday Morning, Dollar Tree). S. Bail bond agencies 6. The following shall not be permitted as primary uses: (i) a religious facility, trade school or beauty school (but permitting a culinary school or dance studio); (ii) a `package" liquor store, but a wine store with incidental liquor sales shall be permitted; (iii) a funeral parlor or other death industry related business; (iv) a "strip" club or establishment featuring nude or semi -nude live entertainment; (v) a bingo hall or gambling casino or establishment; (vi) a gymnasium or karate studio; (vii) a skating rink; (viii) car wash or gas station; (ix) an.off =track betting establishment; (x) an adult book or adult video store or peep show (live or otherwise) or store selling or exhibiting pornographic materials or exhibiting or offering x- rated, not -rated and/or "adult only" inventory for display, sale or rental (which includes, without limitation, nude photos, sexual devices, magazines, videos (or other electronic medium) or objects depicting genitalia), or any other operation restricted by law to adults only; (xi) an amusement or game room, including those containing electrical or mechanical games, pool hall or billiard parlor, but same shall not prohibit incidental uses of such items in a business operating an otherwise permitted use; (xii) a so- called "flea market," "second hand," "used goods" or surplus store; (xiii) a gun range or gun shop or other establishment selling fire arms or ammunition; (xiv) industrial space or repair facility; (xv) driver's license facility or hospital; (xvi) junkyard or stockyard; (xvii) fire sale (fictional), bankruptcy sale (except pursuant to court order) 'or auction house operation; (xviii) a coin operated laundry or central laundry facility; (ixx) carnival, amusement park or circus; (xx) sporting events or sports facility; (xxi) store selling drug or "head shop" paraphernalia (as opposed to a typical drug store such as an Eckerd or Walgreens); (xxii) a facility offering tattoo or body piercing (other than ear); (xxiii) warehouse or storage facility ( "mini ", "self' or otherwise); or (xxiv) an industrial or manufacturing facility. A fast food restaurant specializing in hamburgers or fried chicken, such as a McDonald's, Burger King, KFC or Popeye's; provided, however, the following types of fast food restaurants shall be permitted: coffee shops, delicatessens, bakeries, cafes, pizza shops, sandwich or submarine sandwich shops, and any restaurant specializing in the following types of food: bagels, salads, grilled chicken, ice cream, frozen yogurt, desserts, smoothies, Mexican food, Asian food and/or Italian. -9- _PMB_291450_1.D00 Packet Page -301- Q 0i E tU Pregared by/Return to: Michael E. Botos, P.A. Edwards Angell Palmer & Dodge L.LP One North Clematis Street, Suite 400 West Palm Beach, Florida 33401 Real Property Appraiser's Parcel Identification No.: 71750000402 3845958 OR. 4044 PG; 2669 RBCORDID in 01FICIAL RICOADS Of COLLIBR COUNTY, PL 05/26/2006 at 01:30?X DWIGHT 1. BROC1;, CL1Rb CONS 20000000.00 RIC 211 18.50 DOC•.10 Retn: 110000.00 GOODUT18 CO11W IT AL 4001 TMIA1I TR li 1300 RAPLBS PL 34103 SPECIAL WA,RRANTy DEED N THIS SPECIAL WARRANTY DEED is made this Z&i day of May, 2006, between cNp COLLIER LAND DEVELOPMENT, INC., a Florida corporation, the address of which is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103 ( "Grantor ") to NORWOOD NAPLES LANDCO, INC., a Florida corporation, the address of which is c/o 7458 North t j Harlem Avenue, Chicago, Illinois 60631 (the "Grantee "). WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, receipt whereof by Grantor is hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, legal representatives, successors and assigns forever, the following described land, situate, lying and being located in Collier County, Florida, to wit: Tract I, SABAL BAY CON AERCIAL PLAT _ PHASE ONE, according to plat thereof recorded in Plat Book 38, Pages 81 through 84, inclusive, of the Public Records of Collier County, Florida (the "Property "). TO HAVE AND TO HOLD, the same in fee simple forever. This conveyance is made subject to: (i) applicable zoning ordinances; (ii) real estate taxes for the year 2006; (iii) reservations, restrictions and easements of record; (iv) a restriction, which is imposed by this Deed; restricting the Property to a three story residential development, not to exceed a total 340 residential units (the "Restriction "), Grantor hereby exclusively reserves unto Grantor (and/or its assignee) the right to enforce the Restriction; and (v) the development of the Property, including signage, shall be consistent with the plans and approval requirements set forth in the Contract for Purchase and Sale dated March 3, 2005 by and between Grantor and Norwood Naples LLC (the PMB_299583_I.DOCI /�001 - i s { 3/13/2012 Item 9.A. * ** OR, 4044 PG; 2670 * ** "LLC "), as amended by Amendment to Contract for Purchase and Sale dated May 26, 2005 and Second Amendment to Contract for Purchase and Sale dated April 21, 2006 (collectively the "Contract'), as assigned to Grantee from the LLC on April 26, 2006. Upon completion of the construction of the improvements to the Property in accordance with the plans approved by Grantor, Grantor shall deliver to Grantee a certificate of compliance in recordable form, evidencing Grantee's and the Property's - compliance with the plans and the approval requirements contained in the Contract. AND GRANTOR hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: f Priri Name: i:liZobB M. Dillingham Pnn Name: $.R . G r i m STATE OF FLORIDA COUNTY OF COI I,IER COLLIER LAND DEVELOPMENT, INC., a Florida corporation B Y 60 2- a& Name: CniA_L- F t War Title: Vice F remem (corporate seal) The foregoing instrument was acknowl dged before me this �LQ_ day of May, 2006 by �177PtAK t, VrrW , the I%IM &FW6117 _ of Collier Land Development, Inc., a Florida corporation. He is 0 personally known to me or ❑ has produced as identification. EuabwmDB rows Not Public in and for V State and County W Committbn DD186119 aforesaid. (seal) a Expfraa January 0,2C07 Commission Number My Commission expires: Print Notary Name: £ Z Dillln - Z - PWB 299583j.DOC Packet Page -303- .. Cu N r 0 N M M This Instrument was prepared by and should be returned to: Michael E. Botos, P.A. Edwards Angell Palmer & Dodge LLP One North Clematis Street, Suite 400 West Palm Beach, Florida 33401 4118105 OR: 4321 PG: 2314 I� AWWI RICORDID in OFFICIAL RICORDS of COLUIR COUNTY, FL 01116/2008 at 03 :03YX DWIGHT B. HROCI, ang RE M 18,50 DOC -.70 .70 Retn: COPI &s 2.00 TBCNlRON INTBROITICB ATTN: CRYSTAL HYDE THIS WARRANTY DEED is made the day of M�iz2. , 2007, by and between COLLIER LAND DEVELOPMENT, INC., a Florida corporation (hereinafter called "Grantor "), whose mailing address is: 3003 Tamiami Trail N., Naples, FL 34103 and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter called "Grantee "), whose mailing address is: 3301 Tamiami Trail East , Naples, Florida 34112. (Kerever used herein the terms "Grantor" and "Grantee" shall include singular and plural, and heirs, administrators, successors and assigns thereof,) WITNESSETH THAT said Grantor, for and in consideration of the sum of Ten and no /100ths ($10.00) Dollars, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee, and Grantee's heirs, administrators, successors and assigns, as the case may be, forever, the following described land, situate, lying and being in Collier County, Florida (the "Property"): Tract R, Sabal Bay Commercial Plat - Phase One, as recorded in Plat Book 38, pages 81 through 84, Public Records of Collier County, Florida; and Tract R, Saba] Bay Commercial Plat - Phase. Two, as recorded in Plat Book 41, pages 10 and 11, Public Records of Collier County, Florida. SUBJECT TO zoning, building code and other use restrictions imposed by governmental authority, and easements, reservations and restrictions of record, including, but not limited to the dedications set forth on the Plat of Sabal Bay Commercial Plat - Phase One recorded in Plat Book 38, Page 81 and Plat of Sabal Bay Commercial Plat - Phase Two recorded in Plat Book 41, Page 10, both in the Public Records of Collier County, Florida. TO HAVE AND TO HOLD the same in fee simple forever_ 338741 3_DOC 3/13/2012 Item 9.A. * ** OR; 4321 PG; 2315 * ** GRANTOR does hereby covenant with Grantee that Grantor is lawfully seized of said land in fee simple, Grantor has good right and lawful authority ,to sell and convey said land, and Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed the day and year first above written. Signed, sealed and delivered in the presence of COLLIER LAND DEVELOPMENT, INC., a Florida corporation (corp. sea]) (S, ignature of ISt W'ness) V � (P ' e�f 151 s) (Sig e of "d Wltn s�� (Print Name of 2 "u Witness) STATE OF FLORIDA } ) SS COUNTY OF CO (1, e r ) The foregoing instrument was '2.G e, K bc,- , 2007, by Robert Development, Inc., a Florida corporation, produced {Notary Seal} oC IEBAMrA�3M WY COMMISSION * DO 519148 RpirEs: dum ii. 2oio Z�tr' ear�amroHorvrP+r�cMrs By: Print Name: Robert D. Corina Title: Vice President acknowledged before me this 124� day of D. ConnVp1onall Vice President of Collier Land who is y known to me or ❑ who as identi c ti .� dim1JI. r ( ature of Tqt blic) V161 lfc. ( (2 d U (Print Name oQVT t ublic) Commission io - l4 t 0 My Commission BxpiFes: rad as to fog ) 4"1 Wfici"t7 Asslst�at CN�ty itttane+7 ElIrA T. 0144411 sAM Packet Page -305- 338741 3.DOC 1"5 N CV r O N M M INSTR 447$405 OR 4608 PG 492 RECORDED 9/24/2010 11:10 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $7,350.00 REC $27.00 CONS $1,050,000.00 PREPARED BY AND AFTER RECORDING RETURN TO: Bryan J. Stanley, Esq. Bryan;. Stanley, P.A. 209 Turner Street Clearwater, Florida 33756 Purchase Price $1,050,000.00 Documentary Stamps: $7,350.00 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of September &, 2010, by and between BOOS DEVELOPMENT GRO -� Florida corporation, whose address is 2651 McCormick Drive, Clearwate , ly for "), and TPMORGAN CHASE BANK, NATIONAL ASSOC I�K ' a national b association, whose address is 240 E. Palmetto Road, Secon 10 99r�B atop Florida 43 "Grantee" 1-serein the term "Grantor" ' d " r " inc u e the p 'e to this instruumentvand the heirs, legal representatives anc (( the successors and assigns of corporations), �1-11 WITNESSETR: That Grantor, for and inX eration of the sum f awe Million Fifty Thousand and No /100 Dollars ($1,050,000.00), to r' d paid e, the receipt of which is hereby acknowledged, does hereby grant, ba 9i fl, remise, release, convey and confirm unto Grantee, and Grantee's heirs, successors and assigns forever, the parcel of land situate, lying and being in the County of Collier, State of Florida, and more particularly described as follows (the "Property"): SEE EXHIBIT "A" ATTACHED TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee and Grantee's heirs, successors and assigns that it is lawfully seized of the Property in fee simple; that it has good right and lawful authority to sell and convey the Property; that it hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor; and that the Property is free of all encumbrances, save and except taxes for the year 2010 and subsequent years, and restrictions, limitations, covenants and easements of record; provided, however, reference thereto shall not serve to reimpose same. 1 3/13/2012 Item 9.A. OR 4608 PG 493 IN WITNESS WHEREOF, Grantor has caused these presents to be executed as of the day and year first above written. Signed, sealed and delivered in our GRANTOR: presence: Name:_ Witness / l l z Print Name: STATE OF FLORIDA COUNTY OF PINELLAS i� The foregoing ins September, 2010, by ROBER�w of BOOS DEVELOPMENT corporation, who is personally BIENDAJ. $ANTIAGO t± *? MY CQ11kASStQN A t7D8081,3i EXPIRES: jov25, 2812 ^',3�t:" DorAetlThrofHi;e /PubeeU�wti�ts g� BOOS DEVELOPMENT GROUP, INC, a Flonda corporation Robert D. Boos, Chairman and CEO C° �, t was acknow ge BOOS, as the w �UP, INC., a Flo ' )w F� me this ity day of the Chief. Executive Officer oration, on behalf of the Notary FublIT- ( Print Name: My Commission 2 Packet Page -307- _� .. I N N O N M r M * ** OR 4608 PG 494 * ** Exhibit "A" Legal Description Tract J, SABAL BAY COMMERCIAL PLAT - PHASE THREE, according to the plat thereof as recorded in Plat Book 46, Page 32, of the Public Records of Collier County, Florida. TOGETHER WITH non- exclusive easements as set forth and described in that certain Sabal Bay Commercial Plat Declaration of Restrictions, Covenants and Grant of Easements recorded in Official Records Book 3097, Page 795 and the amendments thereto recorded in Official Records Book 3952, Page 3499 and Official Records Book 4140, Page 3271. -V- !� �\\ L3 `C t Prepared by /Return to: Michael E. Botos, P.A. Edwards Angell Palmer. & Dodge LLP One North Clematis Street, Suite 400 West Pahn Beach, Florida 33401 Real Property Appraisers Parcel idectiter.'on No.. 71750002028 3/13/2012 Item 9.A. 4032847 OR; 4244 PO; 0542 RECORDED in OFFICIAL RECORDS of COttIIR COUNTY, It 06/14/2001 at 11:01AM DWIGHT I. BROCI, CLER1 CONS 1880050.00 HC 111 (1.00 DOC -.TO 13160.10 MR: EDWARDS 0411L 17 At ONE E CLIIUTIS ST 1400 N PALM BEACH FL 33401 SPECIAL WARRANTY DEED THIS INDENTURE is made as of the qA- day of June, 2007, between COLLIER LAND DEVELOPMENT, INC., a Florida corporation, the address of which is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103 ("Grantor") to BANK OF AMERICA, N.A., the address of which is 13510 Ballantyne Corp Place, NC 2- 109- 06 -05, Charlotte, NC 28277 (the "Grantee "). WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, receipt whereof by Grantor is hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, legal representatives, successors and assigns forever, the following described land, situate, lying and being located in Collier County, Florida, to wit: Tract G, Sabal Bay Commercial Plat -Phase Three, according to the Plat hereof as recorded in Plat Book 46, Page 32, Public Records of Collier County, Florida (the "Property"). TO HAVE AND TO HOLD, the same in fee simple forever. This conveyance is made subject to; (i) easements, reservations and restrictions of record, including, but not limited to, those certain matters set forth in Exhibit "A" attached hereto, and real estate taxes for the year 2007 and subsequent years which are not yet due and payable; (ii) a restriction, which is imposed by this deed, restricting the Property to a single story office building with a maximum total building area not to exceed 5,000 square feet excluding the drive -thru facility (the "Restriction "). Grantor exclusively reserves the right to rely upon and enforce the Restriction; and (iii) a restriction, which is imposed by this deed, against the Property's development or use for automobile parts or repair, discount retail, a fast food restaurant or those uses set forth on Exhibit "B" attached hereto and trade a part hereof. PMB 330082 t D= Packet Page -309- .0 V Ic- O N co co OR, 4244 PG, 0543 AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good, right and lawful authority to sell and convey said land, and hereby warrants the title to said land 'and will defend the same against the lawful claims of all persons claiming by, through or under Grantor but none other. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in my presence: Print Name: a ' a STATE OF FLORIDA COUNTY OF COLLIER COLLIER LAND DEVELOPMENT, INC., a Florida cj oratio Y� B / Print Name: L. Utter Title: Vice President The foregoing instrument wX acknowledged before me thiq day of 2007 by , the of Collier Land D elopment, Inc., a Florida corporation, on behalf of the corporation. He is 3 personally known to me or ❑ has produced as identification. r Not Public in and for tate and County p a *+�6rMM oresaid. (seal) C' Gm"'Wo" &Pku J 201t Commission Number 60-6 lQ ? 00 0"107 My Commission expires Print Notary Name: Jl zM� Di gam -2- PMB 330082 t.DOC/ 3/13/2012 Item 9.A. OR; 4244 PG: 0544 EXHIBIT A PERMITTED EXCEPTIONS 1. Restrictions, covenants, conditions, dedications, easements and other matters as contained on the Plat of Sabal Bay Commercial Plat -Phase One recorded in Plat Book 38, page 81, as affected by Affidavit recorded in Official Records Book 3242, Page 2414 and Release and Quit Claim of Easement recorded in Official Records Book 4004, Page 2140, of the public records of Collier County, Florida. 2. Restrictions, covenants, conditions, dedications, easements and other matters as contained on the Plat of Sabal Bay Commercial Plat -Phase Three recorded in Plat Book 46, page 32, of the public records of Collier County, Florida. 3. Lease Agreement between Public Super Markets; Inc. and Collier Land Development, Inc., as evidenced by Memorandum of Lease recorded in Official Records Book 3005, Page 3098, and First Addendum recorded in Official Records Book 3024, Page 2839, Second Addendum to Memorandum of Lease recorded in Official Records Book 3326, Page 2567, Third Addendum to Memorandum of Lease recorded in Official Records Book 3590, Page 453 and Fourth Addendum to Memorandum of Lease recorded in Official Records Book 4117, Page 1033 and as affected by that certain Subordination, Non - Disturbance and Attomment Agreement recorded in Official Records Book 3958, Page 490, all of the Public Records of Collier County, Florida. 4. Terms, conditions, covenants, restrictions, easements, master agreements, reservations, leases, rules, bylaws and provisions which may be contained in and established by the Sabal Bay Commercial Plat Declaration of Restrictions, Covenants and Grant of Easements recorded in Official Records Book 3097, Page 795, together with amendments recorded in Official Records Book 3952, Page 3499 and Official Records Book 4140, Page 3271, all of the Public Records of Collier County, Florida. 5. Contribution Agreement for Road luipact Feu Credits by and between Collier Land Development, Inc., a Florida corporation and Collier County, recorded in Official Records Book 3138, Page 2357, Public Records of Collier County, Florida. 6. Easement in favor of Florida Power & Light Company recorded in Official Records Book 3149, page 306' ), Public Records of Collier County, Florida. 7. Utility Facilities Warranty Deed and Bill of Sale recorded in Official Records Book 4118, Page 1239. 8, This item intentionally omitted. .3- PM$ 330082_1.00G Packet Page -311- R a N N V_ O N M M OR; 4244 PG, 0545 EXHIBIT B The Property is subject to the following restrictions, which are imposed by this deed, prohibiting the Property's use for the following purposes:. a. Coin laundry b. Check cashing facility c. Day labor agencies; d. Discount retailers; e. The sale of automobile parts or automobile repairs; f. Bail bond agencies; g. The following shall not be permitted as a primary use: (i) a religious facility, trade school or beauty school (but permitting a culinary school or dance studio); (ii) a package" liquor store, but a wine store with incidental liquor sales shall be permitted; (iii) a funeral parlor or other death industry related business; (iv) a "strip" club or establishment featuring nude or semi -nude five entertainment; (v) a bingo hall or gambling casino or establishment; (vi) a gymnasium or karate studio; (vii) a skating rink; (viii) car wash or gas station; (ix) an off -track betting establishment; (x) an adult book or adult video store or peep show (live or otherwise) or store selling or exhibiting pornographic materials or exhibiting or offering x- rated, not -rated and/or "adult only" inventory for display, sale or rental (which includes, without limitation, nude photos, sexual devices, magazines, videos (or other electronic medium.) or objects depicting genitalia), or any other operation restricted by law to adults only; (xi) an amusement or game room, including those containing electrical or mechanical games, pool hall or billiard parlor, but same shall not prohibit incidental uses of such items in a business operating an otherwise permitted use; (xii) a so- called "flea market," "second hand," "used goods" or surplus store; (xiii) a gun range or gun shop or other establishment selling fire arms or ammunition; (xiv) industrial space or repair facility; (xv) driver's license facility or hospital; (xvi) junkyard or stockyard; (xvii) fire sale (fictional), bankruptcy sale (except pursuant to court order) or auction house operation; (xviii) a coin operated laundry or central laundry facility; (ixx) carnival, amusement park or circus; (roc) sporting events or sports facility; (xxi) store selling drug or "head shop" paraphernalia (as opposed to a typical drug store such as a CVS or Walgreens); (xxii) a facility offering tattoo or body piercing (other than ear); (xxiii) warehouse or storage facility ("mini ", "self' or otherwise); or (xxiv) an industrial or manufacturing facility; and h. A fast food restaurant specializing in hamburgers or fried chicken, such as a --- McDonald's, Burger King, KFC or Popeye's; provided, however, the following types of fast food restaurants shall be permitted: coffee shops, delicatessens, bakeries, cafes, pizza shops, sandwich or submarine sandwich shops, and any - 4 - PMB 330Q82_1.DO 4 3/13/2012 Item 9.A. * ** OR; 4244 PG: 0546 * ** restaurant specializing in the following types of food: bagels, salads, grilled chicken, ice cream, frozen yogurt, desserts, smoothies, Mexican food, Asian food andlor Italian food. i. outside vending machines, provided, however, ATM's, night depositories and similar devices are not prohibited. _ S _ PM8_330082_1.DOG Packet Page -313- N y—+ CV T_ O N M r M ' , a �az4ze 1993 HAY I PA )2100 M 1 627 006008, COLLIER COUNTY RECORDED OR BOOK PAGE Prepared by /return to: fREC MICHAEL E. BOTOS, ESQ. tPRhiTj STEEL HECTOR & DAVIS ;OUCi.`3,1q.e7 2900 Phillips Point West t'INT_..._._., 777 South Flagler Drive Reretved 3► h'�B0C1°aenta;r St3aP Tar tIND West Palm Beach, FL 33401 -6198 Received S �Ctass _Per.Jnd1 Prcnt: t1 '1 fi .142 T Property Control Numbers oxiGitT £ B GR tK, C� =ia 0` i 000431440006 BY F.C. SPECIAL WARRANTY DEED THIS IND£NTuRE, Made this /cal3f'"day of May, 1993, between P. MICHAEL MANNING, hereinafter led the Grantor, whose mailing address is: 70 S. E. 4th Avenue, Delray Beach, Florida 33483, and COLLIER ENTERPRISES, a Florida general partnership, 3003 Tamiami Trail North, Naples, Florida 33940, hereinafter called the Grantor. W I T N E S S E T H THAT said GrantL�rarl aft erat ion of the sum of TEN DOLLARS ($10.00), an a consideration to said Grantor in hand pa ,,, 1d Grantee, ipt whereof is hereby acknowledged, has/g� ed, bargained an s'dl to the said Grantee and Grantee's b irs ignssforeever, he ollowing described land, situate, yin a 0 e ier C unt , Florida, to -wit: n awnship South, Rag 2 E s 7m r ta � u �ar � load as fo llows: Comm 1x�g� tt� hd ,ii r eas hor of Section 24, Town 5'&-Sou , a 5 ahassee Meridian, CoII r� ounty, Florida, S t )degrees 42 minutes 29 se o West along the 1' k said Section 24, to a Spike 139.55 e , ing the Point of Interse \ so of said North a d the Southwesterly right -of of the Tam' T ail (U. S. 41); thence South 39 eel na m4nu 3% econds East along said Southwester ne 1944.62 feet to a Concrete Monum oint of Beginning; thence continuing South 39 degrees 03 minutes 31 seconds East 200 feet to a Concrete Monument on the North Bank of Walker Canal; thence South 40 degrees 53 minutes 29 seconds West along said North Bank 400 feet to a Concrete Monument; thence North 39 degrees 03 minutes 31 seconds West 200 feet to.a Concrete Monument; thence North 40 degrees 53 minutes 29 seconds East 400 feet to a concrete Monument on the Southwesterly right -of -way of the Tamiami Trail (U. S..41), the Point of Beginning. " %: r ,FN<�51 %3:r'�Fifis,�,Yi?•.ssV�:L �.3_'�_ ��— s..�i- ..u„',- ':�v�:'-\rs_:: _ _ _ _ -i- /S "", flii i:i '• � �r .. 1827 OR BOOS( 000�os PAGE 3/13/2012 Item 9.A. SUBJECT to easements, restrictions, reservations, rights - of -way of record, if any, and valid zoning ordinances; and, to taxes for years subsequent to 1992. GRANTOR warrants and represents that the above described property is not and never has been the homestead of Grantor, and that_ Grantor's-place of residence is in Delray Beach, Florida. AND said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons claiming by, through, or under Grantor. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal on the day and year first above written. Signed, s sled nd d in the se a of • ` {f �/ (SEAL) Witness P ichael Manning Print Name* STATE OF FIA I COUNTY OF The forec �'?ft day of personally ki an oath. (Notary Seal) 0 before me this �NG, who ( ) is } has produced and he did not take "p Public, State of Florida. commission No. Z Cy -Q�17aO& � My commission expires:3 /fLgs Print Notary Name: /), �oez 4-ef �✓D OO yR o Packet Page trolled : 7trified ner.;rEy of CQUIEP CMNVs , F104110A DRIGT E. UOU, Cl:t-C 4--)l - 001931 001023 OR BOOS( PAGE Q .. !N)^ Prepared by /return to: IN 4 .;,�., "MY-CHAEL -'8.` SoTOs- BSQ".- STEEL HECTOR 6 DA9IS 1900 Phillips Point Nest 777 South Flagler Drive West Palm Beach, FL 33401 -6198 Property Control Number: 00431440006 N O QDIT CLAZM DEED m N — W THIS QUIT CLAIM DEED, Executed this ,1ff?ay of March, 1994 M G C3 between P. MICHAEL MANNING, 70 S. E. 4th Avenue, Delray Beach, r a0 Florida 33483, first party, to COLLIER ENTERPRISES, a Florida V general partnership, 3003 Tamiami Trail North, Maples, Florida M L Uj 33940, second party; a as+ (Whenever used her e e party and "second party- shall { 9 a Ural, heirs, legal representat - i23as i dwils, and the suece:sso soiyre res. wherever the context a or requires.] ��..a. ?- // WITH ESSETM 'C LO = T the a Is 7 THT� z p3 ,for and in consi eratl n aY the sum to c of TEN { ►, in an y said aeon party, the ti recui whet of is her }, aaaxxcdd p led g es it rem se release p and quit c1 dim to the s and a foreve all the right, © J title, into i a c e i t rty has in .j and t th fo low as i ice o reel of land, O cc" situa at 1 ng and in co 1 e o "t Fi id to wit: t'1 a 1 d e g i action 19, T _ 50 South, �c�a1 ng Eas larl i d follows: ` ncxng at the North I co er Tction 24, ship 50 South, Range 25 t, ]Call Meridian, County Florida, th /89 £ a s 42 minutes 9 " onds Nest along the No 1' Section 24, Oat Spike 139.55 feet, the Point of on of said North line southwesterly ri line of the Tamia S. 4i); thence Sou 03 mina s East along said Southw ter i 944.62 feet to a Concrete of Beginning; thence continuing minutes 31 seconds East 200 feet to a Concre a Monument on the North Bank of Walker Canal; thence South 40 degrees 53 minutes 29 Received S Received j 0W47 a.Yry it-aip ia: OM7Gtli E. TO=- rL C; 001931 001024 OR BOOR PAGE saconGs •mast s'_c:ri3 said North Bank 400 feet to a Concrete Monument$ thence Borth 39 degrees 07 minutes 71 seconds west 200 feet to a Concrete monument; thence North 40 degrees 53 minute's 29 seconds East 400 feet to a Concrete Nonument on the southwesterly fi BeginningY of the Tamiami Trail ju. S. 41), THIS IS A CORRECTIVE DEED to correct that Spacial warranty Deed recorded in official Record Book 82yharei COLLIER ENTERPRISES, e g, public Records of Collier rlorido general Partnership, was designated as the "Grantor" and should have been designated as the "Grantee." To HAVE, AND To HOLD the same together with all and aingalar the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITH F es3ei r ha signed and sealed / tt n. these presents Signed, se eli- i t in the pr en�� Print STATE (Notary Seal) Packet Page -317- 3/13/2012 Item 9.A. a 0) E N N T- o N co M LLI O Prepare.. . Brandon L. AjiV ,.do, Esq. MURAI WALD 13IONDO MORENO & BROCHIN, P.A. Two Alhambra Plaza; PH 1B Coral Gables, F133134 Tax Folio # % RETURN To: FIDELITY NATIONAL TITLE INSURANCE COMPANY ATrN: JENNIE. CLAYTON 5690 %V. Cypress St., Ste A Tampa. FL 33607 �V 3950897 OR; 4159 PG; 2339 RECORDED in OFFICIAL RECORDS of COLLIER CODITY, FL 12/27/2006 at 01:I5PK DWIGHT B. BROC6, CLERE CONS 15100000.00 RBC FBI 51.50 Doc -.70 105700.06 Retn: FIDELITY NATL TITLE IES CO 5690 I CYPRESS ST lA TAMPA FL 336D7 MkPS / FNT Fite No 4EN — 8�a ove space reserved for recording information) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made as of December O, 2006, by III T HAMMOCK COVE, LLC, a Florida limi t company, and having its principal place of business at clo DBR Asset Mana eI>it .Cl� cial Plaza, Suite 2001, Fort Lauderdale, FL 33394, hereinaft a Grant o ,t OCK COVE, LLC, a Delaware limited liability com axpayer I.D. Numb 2— 12t J (old whose post office address is clo Prudent' R l� tors, wo R vim Drive, Suite 400, Atlanta, Georgia 30346, hereinafter ally the �trp" - (Wherever used herein the instrument and the heirs, It assigns of corporations) the parties to this als, and the successors and WITNESSETH: Tha ' antor, for and in c " �(raf�c) n of the sum of $10.00 and other valuable consideration, rec t hich is hereb (vWledged, by these presents does grant, bargain, sell, alien, remise, re vo unto the Grantee, all that certain land situate in Collier County, Florida, vI . SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor but against none other, subject, however, to those matters set forth on EXHIBIT "B" attached hereto and made a part hereof. 3/13/2012 Item 9.A. OR. 4159 PG; 2340 IN WITNESS WHEREOF, the undersigned has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: nted- Nawme:;,.C�. 1 Printed Name: III T HAMMOCK COVE, LLC, a Florida limited liability comp* �1 ByrdSeptember .w sner, as Co- ;astee of the rchin Trust, under Agreement lb, 2003, as a duly ember thereof By: chael Hecht, as Co- Trustee of the n slie S. Turchin Trust, under Agreement Printed N dated September 16, 2003, as a duly j_j rued Member thereof � C.} 0 Packet Page -319- gement, LLC Suite 2001 33394 00"; a N N r O N co co OR: 4159 PG, 2341 STATE OF NEW OR COUNTY 0F:: ! `flb )SS. �The oreg oing instrument was sworn to and acknowledged before me this clay of 006 by Jeffrey Klausner, as Co- Trustee of the Leslie S. Turchin Trust, under Agreement-dated September --.116 2003; as a duly authorized member of III T ilAl'vuviOCK COVE, LLC, a Florida limited liability company by and on b alf of said limited lability company. Helf*e-is personally known to me o edl' — a�s.id ion. A z i ty r ! SAUC STERN NOTARY PUBLIC, STATE OF NE;t `fOft No. 4`333359 Qualified in :iestabester County Commission Expire 7;r. mr1 My commission STATE OF NEW COUNTY The foregoing inst December _, 2006 by NE a Agreement dated September COVE, LLC, a Florida limited company. He/Sjae -is personally as identi,Fi�.atie�t ---� M ofliew York at Lar e w Notary Prin Signature d ckn 1 e fore me this day of 4 as Co -Tres of e i 'S. Turchin Trust, under as a duly au e 11 r of III T HAMMOCK y company L_b�yan r�yr 'ef of said limited liability to me or llas_nm d{W. / J _ It NOTARY PUQiIC. S 1, Qualified ir. Commission Expires,R}-*e My commission expires — 3 YORK fro State of NEW YORK at Large Printed Notary Signature 3/13/2012 Item 9.A. OR, 4199 PG; 2342 j i PARC M 1 t Tract "H°, Fz"h sine CCffiKMRCT L PLgT PBAaM CNE, rsocordiag to the j plat. thereof, as recorded San Plat, Book 38, Page 81, %of the Public i Records of Collier Conaty, Florida. _ ; j i PAR('.SIr 2: Together with non- exclp.B2ve easemer4t right(s) granted iti that certain i Drainage Easement and Maintenance Agreement by and bst"en Collie= laud Development, zna, and Tract. t, xae., recorded in OffiCiai' itecards• Eoo7C 3056, Peg' -'� ctad by Teinpoaar 1 Drainage and V- 4- ten a ane.Agra t i- al Recozds•Hoak' D + ? 3058, pie ?3T3, . bpth of _ £�ubiio Renard 'd 11i r. dounty,• - 71orida. Together'-with AM- a=I-Ma ae f h ( t certain .9abs1 Bay Commercial v t is f FIB at , q and v ants a crs=t ' of Has ---.te recd z b e o Bo 30 V, Pa 3" a 799, as am- �-aded by ins# --h . "�iaa c • acer s B 952, Page E 3499, both of tie Pub Records of Coll x a , Flozida. � ,© i '4 j i I Packet Page -321- f N N O N co co OR$, 4159 PG; 2343 EXHIBIT `B" PERMITTED EXCEPTIONS 1. All taxes for the year 2007 and subsequent years which are liens not yet due and payable, 2. Rights of tenants listed on Exhibit B attached hereto, as tenants only, under unrecorded leases. 3. 24 -foot wide access easement, 31 -foot access easement, 40 -foot by 40 -foot private utility easement, and Dedications, as shown on the plat of SABAL BAY COMMERICAL PLAT -PHASE ONE, as recorded in Plat Book 38, page 81, as affected by the Mortgagee's Joinder in the Plat of Sabal Bay Commercial Plat -Phase One, recorded in Official Record Book 3106, page 2052, the certificate recorded in Official Record Book 3242, page 2413, and the Affidavit concerning scrivener's errors, recorded in Official Record Book 3242, page 2414, all of the Public Records of Collier County, Florida; and as shown on ALTA/ACSM Land Title Survey for Pru Hammock Cove, LLC prepared by Marcus L. Berman, PSM ##5086 of WilsonMiller, Inc., dated October 12, 2006, Iast revised November 27, 2006) (the "Surve " . 4. Restrictions, easements, t�q, , s. 0 ations contained in the Lease Agreement as evidenced emorandum o e by and between Collier Land Development, Inc., as 'an Y, rd, and Publix Super M ets, c., as tenants, dated March 27, 2001, recorded �arc�/l� OQ1, i ecord 00 3005, page 3098, the First Addendum of Meman itm of Le-`a c ded in facial ec rd Book 3024, page 2839, the Second Adden m C. c e d 33 6, page 2567, the Third Addendum recorde in f cial eb, J o p e 53; all of the Public Records of Collier County, I 5. Terms, conditions an 'gations under the S z F ollier County Contribution Agreement for Road Fee Credits, recor a ra] Record Book 3138, page 2357, together with 't Conforming E t and «E„ to Developer Contribution agreement rp'i 'ate ook 3356, page 1677; a]] of the Public Records of Collier Co un z> '01 2 6. Covenants, conditions, restrictions, easements and assessments of the Sabal Bay Commercial Plat Declaration of Restrictions, Covenants and Grant of Easement recorded in Official Record Book 3097, page 795, as amended by the Amendment to the Declaration of Restrictions, Covenants and Grant of Easements recorded in Official Record Book 3952, page 3499; all of the Public Records of Collier County, Florida. 7. Terms and conditions of the Drainage Easement and Maintenance Easement recorded in Official Record Book 3058, page 2302, as affected by the Temporary Drainage and Maintenance Easement recorded in Official Record Book 3058, page 2313, all of the Public Records of Collier County, Florida, as shown on the Survey. 8. Restrictions and regulations contained in the Amended Preliminary Development Agreement recorded in Official Record Book 3041, page 2030, and the Notice of Adoption of Preliminary Development Agreement recorded in Official Record Book 3309, page 1115, all of the Public Records of Collier County, Florida. a 10. 11 3/13/2012 Item 9.A. * ** OR; 4159 PG; 2344 **� Oil, gas and mineral reservation in favor of Collier Development, Inc., reserved in the Special Warranty Deed recorded in Official Record Book 2962, page 1354, and the Corrective Special Warranty Deed recorded in Official Record Book 3078, page 2639, without the right of surface exploration pursuant to the Waiver of Surface Exploration Rights recorded in Official Record Book 2995, page 3211, all of the Public Records of Collier County, Florida. Easement in favor of Florida Power & Light Company recorded in Official Record Book 3149,-page 3458, of the Public records of Collier County, Florida, as shown on the Survey. Conveyance of utility facilities pursuant to the Utility Facilities Warranty Deed and Bill of Sale recorded in Official Record Book 3381, page 820, of the Public Records of Collier County, Florida, as shown on the Survey. 12. Restrictions, conditions and obligations of the Lease Agreement as evidenced by the Memorandum of Lease by and between Collier Enterprises Realty Group, Inc., as Landlord, and Subway Real Estate Corp., as Tenant, dated August 14, 2003, recorded September 3, 2003, in Official age 2148. yr 13. Easement in favor of Flo er &Light Com ,�orded in Official Record Book 3149, page 3063, of t e Wic Records of Collier Aoun Florida, as shown on the Survey. —'A \ I 14. Oil, gas and mine 1 re ry a o ie t rp es, Ltd., reserved in the Special Warranty ee re ord d n i ec d o k 2 62, page 1357, and the Corrective Special a Off Book 2970, page 24; the Corrective Special" ty Deed recorded in ffici i Re ook 3078, page 2643, all of the Public Records ]tier County, Florid . f t A�ment parcels only) 15. Restriction pursuant to a ial Warranty D ' 'fgc ded in Official Record Book 3952, page 3502, of the Pu e'R Q , Florida. i Packet Page -323- Q ai N N r 0 N M co -;�V 3363099 OR: 3524 PG: 1266 UC0101D in 01MCM n=1 Of COLLIII cm, IL r 03/19/2001 At 00 :32AN D1I0 1. 1110, X219 VPrepared by/Return to: 11C !11 15.00 Michael E. Botos, P.A. Doc -.i0 .10 Edwards & Angell, LLP COPUS 3. One North Clematis Street, Suite 400 1IllC 1.00 West Palrn Beach, Florida 33401 IltD: COL4111 DIYIIRM COIL! Real Property Appraisers Parcel 3003 IJr/IAI1I R 11401 wus is 34103 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this Jd day of March, 2004, by COLLIER ENTERPRISES, LTD., a Florida limited partnership, the address of which is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103 (the "Grantor ") to COLLIER DEVELOPMENT CORPORATION, a Florida corporation, the address of which is 3003 Tamiami Trail North, Suite 400, Naple� ''nls(the "Grantee "). WITNESSETH, that ($10.00), and other good ar acknowledged, has grante , representatives, successors being located in Collier Co 1 See Legal reference r TO HAVE AND TO r, for and in N'19$tation of the sum of Ten Dollars consider tioneipt whereof by Grantor is hereby o Gr tee and Grantee's heirs, legal er o % described land, situate, lying and hereof, (the This conveyance is made'-4 imposed restrictions; real estate taxes and other encumbrances of record. same in fee and by this �Vzoning ordinances and/or privately and easements, reservations, restrictions, AND GRANTOR hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. PN0 PUB Z%715 U 3/13/2012 Item 9.A. OR: 3524 PG: 1267 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. COLLIER ENTERPRISES, LTD.,,-a' Fltarida Iiriiii�d, partnership By: Its General Partner COLLIER ENTERPRISES, INC.', a Sejlfl corporation 'A col� Witness Print Name: 0— Witness Print Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instm the V i C0— President of Collier Enterprises, Ltd., a has produced C// (seal ,gam" NANCY LYNN HALL MY COMMISSION* OD 031397 EXPIRES: Jude U. 2005 1 ?4003NOTAJiY FL Nowy Bavks & BW4% Me By: ' Print Name: o r q- Title: 0 i co- President '�(Q)]`)D ) V-1i) acknowledged ba r � dv 2s day of March, 2004 by `tt rprises, Inc., a Fl �rpor 'on, the General Partner of t' , Bartam i -A is Fq ersonally known to me or ❑ i\ a-r,� �, A 4 Notary Public in and for the State and County aforesaid. Commission Number: D063132-1 My Commission expires: ' ;N o S Print Notary Name: L kAx t -2- Packet Page -325- FMB PMB 235715_1 N N 0 N M co * ** 4R: 3524 PG; 126E * ** Exhibit "A" Legal Description A parcel of land being in Section 19, Township 50 South, Range 26 East, more particularly described as follows: Commencing at the Northeast corner of Section 24, Township 50 South, Range 25 East, Tallahassee Meridian, Collier County, Florida, run South 89 degrees 42 minutes 29 seconds West along the North line of said Section 24, to a Boat Spike 139.55 feet, marking the Point of Intersection of said North line and the Southwesterly right-of-way line of the Tamiami Trail (U.S. 41); thence South 39 degrees 03 minutes 31 seconds East along said Southwesterly rightof- way line 1944.62 feet to a Concrete Monument, the Point of Beginning; thence continuing South 39 degrees 03 minutes 31 seconds East 200 feet to a Concrete Monument on the North Bank of Walker Canal; thence South 40 degrees 53 minutes 29 seconds West along said North Bank 400 feet to a Concrete Monument; thence North 39 degrees 03 minutes 31 seconds West 200 feet to a Concrete Monument; thence North 40 degrees 53 minutes 29 seconds East 400 feet to a Concrete Monument on the Southwesterly right- --a iami Trail (U.S. 41) the Point of Beginning. /; � ; � ' (Osceola 1.8) -3- E-� Al') I-)/ PNIBH MB_235713 -1 Prepared by/Return to: Michael E. Botos, P.A. Edwards & Angell, LLP One North Clematis Street, Suite 400 West Palm Beach, Florida 33401 Real Property Appraisers Parcel 3/13/2012 Item 9.A. 4- c 3363100 OR: 3524 PG: 1269 13C= is Onicin 11eow of COLLIBi< C001fl, n 03/19/2044 at 99:32118 D119? 1. H1OC1, CM pC HE 19.50 DOC-M .19 COP118 4.90 Use 1.00 leis: CDLL111 DiYHLOP1 E Cm 3003 lnl wi ill 11 #409 Was IL 94103 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this j j day of March, 2004, by COLLIER LAND DEVELOPMENT, INC., a Florida corporation, the address of which is 3003 Tamiami Trail North, Suite 400, Naples, Florida 34103 (the "Grantor ") to COLLIER DEVELOPMENT CORPORATION, a Florida corporation, the address of which is 3003 Tamiami Trail North, Suite 400, Naples to (the "Grantee"). WITNESSETH, that sar or, for and xn d ration of the sum of Ten Dollars ($10.00), and other good an fi able consideration�e ration by Grantor is hereby acknowledged, has grante / b g in d -se, o Gr to and Grantee's heirs, legal representatives, successors d s ' fo r e followin des ribed land, situate, lying and being located in Collier Co ty 1 ri 't i See Legal s atta e o and by this reference ma art hereof, (the "PrVrty'), TO HAVE AND TO ` the same in fee sim 6 ver. This conveyance is made u I 4oning ordinances and/or privately imposed restrictions; real estate taxes o e , and easements, reservations, restrictions, and other encumbrances of record. AND GRANTOR hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. Phi PNM 235728 I1/ Packet Page -327- N N 0 N M M OR; 3524 PG; 1270 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. COLLIER LAND DEVELOPMEN:�; ikiE Florida' corporation ,.. (Qprp. ssal)r Witness Print Name: V�i om cc4 L Witness Print Name: ; R Q) r i STATE OF FLORIDA // f By: Print Name: c Title: 0 L CRL President COUNTY OF COLLIER The foregoing the 0 i C-Q— President of g9 er Land personally known to me or roduc +R�,��USF NANCY LYNN HALL .?� MYCOMMJSSION* DID031397 (Seal) '�arM1a`a� EXPIRES: June FLhb ySM4Wa9Wd%lnp 11 day of March, 2004 by .a orida corporation. He is as identification. Notary Public in and for the State and County aforesaid. Commission Number: O 31 3 c'f - ) My Commission expires: Zli p -- Print Notary Name: t, . a -2- P&M PMB 235728 -1 UJLoosDon 3/13/2012 Item 9.A. OR: 3524 PG: 1271 Exhibit "A" Legal Description Description of part of Section 24, Township 50 South, Range 25 East, Collier County, Florida. (2' wide Parcel) All that part of Section 24, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows; COMMENCING at the northwest corner of Tract "I" of Sabal Bay Commercial Plat Phase One, Plat Book 38, pages 81 through 84, Public Records of Collier County, Florida, also being a point on the south right -of -way line of Thomasson Drive (State Road S -864); Thence along said line South 89 °35'12" West 493.86 feet; Thence South 71 °41'06" East 68.03 feet; Thence southeasterly, 33.19 feet along the arc of a circular curve concave northeast, having a radius of 200.00 feet through a central a 9 J ubtended by a chord which bears South 76 02619" East 33.15 feet to a point fF tfie POINT OF BEGINNING of the parcel herein described; �0 Thence southeasterly, 48 23 f a,lxTVIae-a c of circul cu a concave southwest, having a radius of 710.00 feet thr ug ceelflt a1'a gl f 39 1 '17" an be ng subtended by a chord which bears South 70 °45j10" Thence South 51 °08'02" Ea 1, 0 . 9 e t; Thence South 35 °24'25" 19 e Thence northwesterly, 1 ` e on t a no - ng ntG circular curve concave northeast, having a radiu b, 017.00 feet throug ntr I a t f 00 °44'20" and being subtended by a chord whi rs North 51 930'12' s 1 . eet; Thence North 51 °08'02" We 2.89 feet; Thence northwesterly, 459.9 a the arc of if#a curve concave southwest, having a radius of 708.00 feet th g °ai °13'28" subtended by a chord A which bears North 69 044'46" West eint of reverse curvature; Thence westerly, 25.01 feet along the arc of a circular curve concave to the north, having a radius of 200.00 feet, through a central angle of 07 °09'57 ", and being subtended by a chord which bears North 84 °46'31" West 25.00 feet to the POINT OF BEGINNING of the parcel herein described. TOGETHER WITH THE FOLLOWING PARCEL:: - 3 - PMB -PMS 135723- ]IDLOGSDON Packet Page -329- i N N 0 N CO M Description of Temporary Drainage Easement Being a part of Section 19, Township 50 South, Range 26 East, Collier County, Florida (CDC) .'=6 liiat part of Section 19, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows; Commencing at the northwest corner of said Section 19; Thence along the west line of said Section 19 South 00 °14'17" West 173.15 feet; Thence leaving said section line along the southwest right of way line of Tamiami Trail (U.S. 41) South 39 °04'27" East 1109.03 feet,, Thence leaving said right of way line South 50 055133" West 449.00 feet; Thence southwesterly 4.39 feet along the arc of a circular curve concave to the southeast having a radius of 8.00 feet through a central angle of 31026'25" and being subtended by a chord which bears South 35 °12'20" West 4.34 feet; Thence South 19 °29'07" West 4.70 feet; Thence southwesterly 28.53 feet along the arc of a circular curve concave to the northwest having a radius of 52.00 feet through a central angle of 31 °26'25" and being subtended by a chord which bears South 35'12'20" West 28.18 feet; Thence South 50'55'33" West 17.08 feet; Thence westerly 11.10 feet along the arc of a circular curve concave to the north having a radius of 20.00 feet through a central angle of 31 '47'18 "_aced 4)el subtended by a chord which bears South 66'49'12" West 10.95 feet; Vll4� CO Thence South 50'55'33 West 107.E fet° (a ttSe pot ring of the easement herein described; Thence South 39 °02'44" has ee #; Thence South 40'52'1( 'W sty 3 fe , Thence North 39'02'44" W st�935.4 Thence North 89 °48'1 " E t o' inn ng of the easement herein described; 5 Subject.to easements and res r ® U C-ir -4- PhM_PMS 235728 ] VJLOGSDON cra ts� C] --a ev 3+ 3/13/2012 Item 9.A. Omega Consulting Group SABAL BAY M P U DA (Petition Number PUDA- PL2011 -047) TRAFFIC IMPACT STATEMENT May 2011 revised July 2011 revised September 2011 Collier County, Florida Prepared For: Collier Enterprises 2550 Goodlette Road N., #100 Naples, Florida 34103 Job # R1014.02 Prepared By: Omega Consulting Group, LLC 11338 Bonita Beach Road S.E. * Suite 103 * Bonita Springs, Florida 34135 Packet Page -331- INTRODUCTION Omega Consulting Group, LLC has been retained to complete a TIS for the Sabal Bay MPUDA in Collier County, Florida. The purpose of this study is to provide County staff with sufficient information to assure that traffic- related impacts are anticipated and that effective mitigation - measures are identified for the proposed development. Q Ba The Sabal � y site ( see Exhibit 1 ) is located on the south side of US 41 to the south of a) Thomasson Drive in Collier County, Florida. The project is a previously approved MPUD which N has the following concurrency vested and existing land uses: 0 M Vested: 1,766 Residential Dwelling Units CY) Existing: 87,038 sf of Retail Development The land use plan for the previously approved MPUD including vested and existing development was as follows: Previously Approved: Single Family (LU 210): 800 DU Multi - Family (LU 230) 1,199 DU Office (LU 710): 48,000 Sf Shopping Center (LU 820): 176,199 Sf Golf Course (LU 430) 18 Holes The land use plan for this MPUDA including vested and existing development is as follows: Proposed: Single Family (LU 210): 1,327 DU Multi - Family (LU 230) 672 DU Hotel (LU 310): 100 Rooms Office (LU 710): 48,000 Sf Shopping Center (LU 820): 176,199 Sf The site currently accesses US 41 and Thomasson Drive. In the final configuration at buildout, the project will have four accesses on US 41, five accesses on Thomasson Drive, up to two accesses on Bayshore Drive, one access on Hamilton Avenue as well as two accesses on Thomasson Lane and the access road between Thomasson Lane and Thomasson Drive. Completion of the project is anticipated prior to the 2022 peak season. Sabal Bay MPUDA September 2011 Revision 3/13/2012 Item 9.A. SITE- GENERATED TRIPS TRIP GENERATION Site - generated trips were estimated using the Institute of Transportation Engineers (ITE) Tri Generation Manual (8`" Edition). Proposed Single Family (LU 210) per DU: ADT: Ln (T) = 0.92 Ln (X) + 2.71 AM Peak Hour: T = 0.70 (X) +9.74 PM Peak Hour Ln (T) = 0.90 Ln (X) +0.51 Multi- family (LU 230) per DU: ADT: Ln (T) = 0.87 Ln (X) + 2.46 AM Peak Hour: Ln (T) = 0.80 Ln (X) +0.26 PM Peak Hour. Ln (T) = 0.82 Ln (X) +0.32 Hotel (LU 310) per Occupied Room: ADT: T = 8.92 (X) AM Peak Hour. T = 0.78 (X) -29.80 PM Peak Hour. Ln (T) = 01.20 Ln (X) -1.55 General Office (LU 710): ADT: Ln (T) = 0.77 Ln (X) +3.65 AM Peak Hour: Ln (T) = 0.80 Ln (X) +1.55 PM Peak Hour. T = 1.49 (X) Shopping Center (LU 820): ADT: Ln (T) = 0.65 Ln(X) + 5.83 AM Peak Hour. Ln (T) = 0.59 Ln (X) +2.32 PM Peak Hour. Ln (T) = 0.67 Ln (X) +3.37 The above equations were used with the land use data provided to generate the previously approved and proposed estimated trip generations for the project. Since the total amount of residential dwelling units, general office and retail square footage hasn't changed, upon discussions with staff, we agreed to not address passby or internal capture for the purposes of trip generation because they would cancel out for net new trips. Table 1 shows the summary of the net new external site - generated trip estimates. Sabal Bay MPUDA September 2011 Revision 2 Packet Page -333- 0) N O N M T_ M TABLE I APPROVED TRIP GENERATION AM Peak PM Peak Land Use Size Unit Dimly Total Enter Exit Total Enter Exit Single Family (LU 210): 800 DU 7,043 570 143 428 683 430 253 Residential Condominium (LU 230): 1,199 DU 5,697 377 64 313 461 309 152 Internal GC Capture @ 50% -322 -20 -16 -4 -25 -12 -14 General Office (LU 710): 48,000 SF 758 104 92 13 72 12 60 Shopping Center (LU 820): 176,199 SF 9,814 215 131 84 930 456 474 Golf Course (LU 430): 18 Holes 643 40 32 8 50 23 28 Internal GC Capture @ 50% -322 -20 -16 -4 -25 -12 -14 SubTotal 23,312 1,266 430 838 2,146 1,207 939 PROPOSED TRIP GENERATION AM Peak PM Peak Land Use Size Unit Daily Total Enter Exit Total Enter Exit Single Family (LU 210): 1,327 DU 11,220 939 235 704 1,077 679 398 Residential Condominium (LU 230): 672 DU 3,374 237 40 197 287 192 95 Hotel (3 10) 100 Occ Rms 892 48 28 20 53 26 27 General Office (LU 710): 48,000 SF 758 104 92 13 72 12 60 Shopping Center (LU 820): 176,199 SF 9,814 215 131 84 930 456 474 SubTotal 26,058 1,543 526 1,018 2,419 1,365 1,054 Net New Traffic 2,746 277 96 180 273 158 115 TRIP DISTRIBUTION AND ASSIGNMENT The site - generated trip distributions were previously determined by use of a FSUTMS model. For the purposes of this TIS, we have used the same trip distribution as the previous TIS. Therefore, a PM Peak Hour Peak Direction distribution and assignment are as shown in Table 2. Exhibits 2 & 3 show the distribution and assignment for the project. Sabal Bay MPUDA September 2011 Revision 3 3/13/2012 Item 9.A. TABLE 2 TRIP DISTRIBUTION /ASSIGNMENT PM Peak Hour Roadway Link Fro To Distribution Entering Exitin Four Corners Goodlette 10% 16 12 Goodlette Davis Blvd 20% 32 23 Davis Blvd Airport 6% 9 7 Airport Rattlesnake 30% 47 35 US 41 Rattlesnake Accesses 26% 41 30 Accesses Triangle 21% 33 24 Triangle Collier Blvd 11% 17 13 Collier Blvd San Marco Rd 4% 6 5 �. ..._west Bayshore .. 0 %_ 0 .. �. . O'_ _.,. Thomasson Dr Bayshore Access 6% 9 7 /Rattlesnake Access US 41 30% 47 35 Hammock Rd US 41 Charlemagne 26% 41 30 Charlemagne County Barn 26% 41 30 Access ._...._ - Thomasson 17% 27 20 Bayshore Dr Thomasson US 41 15% 24 17 US 41 Davis Blvd 16% 25 18 Airport Pulling Davis Blvd Radio Rd 13% 21 I5 Rd Radio Rd Golden Gate Pkwy 5% 8 6 ij Goodlette Rd US 41 __ . _ :. _. Golden Gate Pkwy _ x 10% 16 ... u 12 County Barn Rd Rattlesnake ^Hammock Davis Blvd 7% I I } 8 SIGNIFICANCE TEST ANALYSES The adjacent roadway links shown in the previously approved TIS were evaluated to determine whether projected operation of the new land use plan would be within County standards. Table 3 shows the results of the PM Peak Hour Significance Test. Sabal Bay MPUDA September 2011 Revision 4 Packet Page -335- TABLE 3 TRIP ASSIGNMENT /SIGNIFICANCE PM Peak Hour Sabal Bay MPUDA September 2011 Revision 5 Peak Project % Roadway Link From TO SF Directions Trios Impact2 Q Four Corners Goodlette 3,410 NB/WB 12 0.3% pj SBIEB 16 0.5% E Goodlette Davis Blvd 3,850 NB/WB 23 0.6% N SB /EB 32 0.8% N Davis Blvd Airport 2,750 NB/WB 7 0.3% � SBIES 9 0.3% N Airport Rattlesnake 3,200 NB/WB 35 1.1% M � US 41 SB /EB 47 1.5% CVO Rattlesnake Accesses 3,500 NB/WB 30 0.9% SB /EB 41 1.2% Accesses Triangle 3,500 NB/WB 33 0.9% SB /EB 24 0.7% Triangle Collier Blvd 3,200 NB/WB 17 0.5% SB /EB 13 0.4% Collier Blvd San Marco Rd 1,075 NB/WB 6 0.6% _ SB /EB r 5 0.4% west Bayshore 760 NB/WB 0 0.0% SB /EB 0 0.0% Bayshore Access 760 NB/W/B 7 0.9% Thomasson Dr/ SB /EB 9 1.2% Rattltesnake Access US 41 760 NB/WB 47 6.2% Hammock SB /EB 35 4.5% US 41 Charlemagne 1,940 NB/WB 41 2.1% SB /EB 30 1.5% Charlemagne County Barn 1,940 NB/WB 41 2.1% SB /EB 30 1.5% Access Thomasson 760 NB/WB 20 2.6% Bayshore Dr SB /EB 27 3.5% Thomasson US 41 1,950 NB/WB 17 0.9% SB /EB 24 1.2% Sabal Bay MPUDA September 2011 Revision 5 3/13/2012 Item 9.A. TABLE 3 (cont.) US 41 Davis Blvd 2,580 NB/WB 18 0.7% SB /EB 25 1.0% Airport Pulling Davis Blvd Radio Rd 4,100 NB/WB 15 0.4% Rd SB /EB 21 0.5% Radio Rd Golden Gate Pkwy 3,230 NB/WB 6 0.2% SB /EB 8 0.2% L.,_ US 41 Golden Gate Pkwy 3,500 NBIWB� J 12 0.3% Goodlette Rd SB /EB 16 0.5% County Barn Rd Rattlesnake Hammock Davis Blvd 860 NB/WB 8 0.9% SB /EB 11 1.3% 'Bold denotes Peak Direction per Concurrency Segment Table provided by County 2Bold denotes Significant per 212/3 in Peak Direction The significance test analyses for the adjacent roadway network indicate that there are three links in which net site - generated primary trips are significant. The links are Thomasson Drive from the Secondary Residential Access to US 41 at a 6.2% impact, Rattlesnake Hammock Road from US 41 to Charlemagne Boulevard at a 2.1% impact and Bayshore Drive between the project accesses and Thomasson Drive at 3.5% in the peak hour peak direction. BACKGROUND TRAFFIC VOLUMES Background traffic volumes were developed using the 2005 -2010 Collier County Annual Update and Inventory Report (AUIR) and the draft 2011 Collier County Annual Update and Inventory Report. Upon review of the draft 2011 AUIR, there was a discrepancy noted in relation to how staff determined the Directional Factor (DFAC). This discrepancy was discussed with staff and it was determined that the analyst would recalculate the DFAC for the segment analysis in the TIS (see Appendix for worksheets). To do this, the analyst, in general, determined the average DFAC for the PM Peak Hour by adding all the Peak Hour Peak Direction Volumes from the traffic counts between 4 pm and 6 pm for each quarterly count. We then added all the PM Peak Hour two -way volumes between 4 pm and 6 pm for each quarterly count. We then divided the total Peak Hour Peak Direction volumes by the Peak Hour two -way volumes to determine an Sabal Bay MPUDA September 2011 Revision 6 Packet Page -337- average DFAC for the PM Peak Hour. In some cases, we used engineering judgment to discount some of the volumes. As an example of this it appeared that the peak direction on a portion of Rattlesnake Hammock Road shied directions after the construction of the Santa Barbara Boulevard extension between Davis Boulevard and Rattlesnake Hammock Road. Therefore, we discounted the 2010 3rd Quarter troll c volumes (before the construction of the Santa Barbara Boulevard extension) from the averaging calculations. Table 4 shows the results of the growth Q rate calculations based on the revised draft 2011 AUIR Traffic and Trip Bank volumes. It rn should be noted that although this TIS has not attempted to separate the vested and existing Ntraffic from the proposed traffic, a portion of the proposed project traffic are already Naccommodated in the existing traffic count and vested trip bank in the 2011 AUIR. Table 5 M shows the results of the growth rate calculations based on the Historical Growth Rate from the CO 2005 -2011 AUIRs. A minimum two percent (2 %) growth rate has been assumed. Saba! Bay MPUDA September 2011 Revision 7 TABLE 4 3/13/2012 Item 9.A. BACKGROUND TRAFFIC VOLUMES Based on 2011 Collier County AUIR Roadwa Link From To Pk Hr Tri p Total Four Corner Goodlette 1,955 80 2,035 Goodlette Davis Blvd 2,954 188 3,142 Davis Blvd Airport 1,537 203 1,740 Airport Rattlesnake 2,051 367 2,418 US 41 Rattlesnake Access 1,905 659 2,564 Access Triangle 1,905 659 2,564 Triangle Collier Blvd 1,251 527 1,778 Collier Blvd San Marco Rd 581 432 1,013 .. f __...., _ west Bayshore NIA NIA NIA Thomasson Dr Bayshore Access 368 58 426 /Ratttlesnake Access US 41 368 58 426 Hammock Rd US 41 Charlemagne 1,468 119 1,587 Charlemagne County Barn 744 122 866 Ac cess Thomasson NIA _ NIA NIA Bayshore Dr Thomasson US 41 548 91 639 US 41 Davis Blvd 1.473 182 1,655 Airport Pulling Davis Blvd Radio Rd 1,861 208 2,069 Rd Radio Rd Golden Gate Pkwy 1,952 167 2,119 Goodlette Rd US 41 Golden Gate Pkwy 1,869 128 1,997 County Barn Rd Rattlesnake F Davis Blvd 403 108 511 Sabal Bay MPUDA September 2011 Revision 8 Packet Page -339- TABLES 'US 41 Count from FDOT Count for 2009 ZUS 41 Count from City of Naples for 2010 3Fmm review of 2010/2011 Traffic Count data, it appears that calculated growth rates for Rattlesnake Hammock are unreasonable or unreliable. Therefore 2.0% used for growth rate. °Growth Rate from 2005 -2010 for first two segments of US 41 5Draft 2011 Data with using Average D Factor for time period of 4-6pm over the four quarters of info available from Traffic Counts ANALYSES LINK LEVEL OF SERVICE ANALYSES The Maximum Service Flow (SF„=) for area roadway segments is shown in Table 6 & 7 for 2022. Saba[ Bay MPUDA September 2011 Revision 9 BACKGROUND TRAFFIC VOLUMES Growth Based on Historical AUIR Growth 2005 2006 2007 2008 20D9 2010 2011 1005 -1011' Rate 1011 Roadway Link From To r- Q!C Dir Dir Pk W Pk Hr` Pk Hr' Growth Rate Used' Total Vol Four Corners Goodlette 2,090 2,900 NIA NIA 1,938 1,955 NIA -1.3% 20%6 1,479 - - - Goodlette Davis Blvd 3,500 3,500 N/A NIA 2,893 2,954 NIA -3.3% 2.0% 3,746 Q Davis Blvd Airport 1,890 2,090 1,800 1,867 1,731 I,S37 1,537 -3.4% 20% 1,911 C� Airport Rattlesnake 2,670 2,400 1,200 2,521 2,471 2,0S 1 1,051 -4.3% 20% 1,550 U541 Rattlesnake Access 1,960 2,130 1,980 2,118 2,053 1,905 1,905 -0.5% 20% 2369 Access Triangle 1,960 2,130 1,980 2,118 2,053 1,905 1,905 -0.5% 20% 1,369 N Triangle Collier Blvd 1,430 1,510 1,200 1,613 1,460 1,251 1,251 -2,2% 20% 1,555 O Collier Blvd San Marco Rd 700 750 750 672 588 581 581 -3,1% 2.0% 722 N : -E-17 _ c j west Bayshom NIA NIA WA NIA NIA NIA N/A NIA NIA NIA Thomasson Dr Bayshore Access 400 400 N/A NIA NIA 442 368 -1.4% 2.0%OA 458 M 1Rattdesnake Access U541 400 400 NIA NIA NIA 442 368 -1.4% 2.0% 4S8 Hammock Rd US 41 Charlemagne 1,020 1,010 1,080 1,080 1,007 1,613 1,468 6.3% 20% 1,825 Charlemagne County Barn 890 820 820 767 705 744 744 -2.9% 20% 925 Access Thomasson NIA NIA NIA N/A NIA NIA NIA NIA NIA NIA Bayshore Dr Thomasson US 41 740 760 710 661 569 548 548 -4.9% 20°6 681 y US 41 Davis Blvd^ 1,840 1,770 1,660 1,818 1,562 1,473 1,473 -3.6% 20% 1,831 Airport Pulling Rd Davis Blvd Radio Rd 2,450 2,450 2,270 248 2,164 1,861 1,861 -4.5%% 204 1,314 Radio Rd Golden Gate Pkwy 2,710 2,450 1,690 2,045 2,159 1,952 1,951 -5.3% 1.0% 2,417 r Goodlette Rd US 41 Golden Gate Pkwy 1,860 1,720 1,860 4087 2,015 1,869 1,869 0.1% 20% 2,324 County Barn Rd Rattlesnake Hi Davis Blvd 690 660 650 666 584 403 403 .8,6% 1.0% 501 'US 41 Count from FDOT Count for 2009 ZUS 41 Count from City of Naples for 2010 3Fmm review of 2010/2011 Traffic Count data, it appears that calculated growth rates for Rattlesnake Hammock are unreasonable or unreliable. Therefore 2.0% used for growth rate. °Growth Rate from 2005 -2010 for first two segments of US 41 5Draft 2011 Data with using Average D Factor for time period of 4-6pm over the four quarters of info available from Traffic Counts ANALYSES LINK LEVEL OF SERVICE ANALYSES The Maximum Service Flow (SF„=) for area roadway segments is shown in Table 6 & 7 for 2022. Saba[ Bay MPUDA September 2011 Revision 9 3/13/2012 Item 9.A. TABLE 6 LEVEL OF SERVICE DETERMINATION Based on 2011 Collier County AUIR W/I LOS Std? Pk Hr T-dp- Bkgd Project Total Bkgd W/ Roads Link From To SF," Pk Dir Ban Vo Tops V II � Proj_ Four Corners Goodlette 3,410 1,955 80 1,035 16 1,051 Y Y Goodlette Davis Blvd 3,850 2,954 188 3,142 32 3,174 Y Y Davis Blvd Airport 2,750 1,537 203 1,740 9 1,749 Y Y Airport Rattlesnake 3,200 2,051 367 2,418 47 2,465 Y Y US 41 Rattlesnake Access 3,500 1,905 659 2,564 41 2,605 Y Y Access Triangle 3,500 1,905 659 2,564 24 2,588 Y Y Triangle Collier Blvd 3,200 1,251 527 1,778 13 1,791 Y Y Collier Blvd San Marco Rd 1,075 581 432 1,013 5 1,018 Yell, Y west Bayshore 760 N/A WA NIA NIA NIA N/A N/A Thomasson Dr Bayshore Access 760 368 58 426 7 433 Y Y /Ratttlesnake Access US 41 760 368 58 426 47 473 Y Y Hammock Rd US 41 Charlemagne 1,940 1,468 119 1,587 41 1,618 Y Y Charlemagne County Barn 1,940 744 122 866 30 896 Y Y Access Thomasson 760 N/A N/A NIA N/A NIA N/A N/A Bayshore Dr Thomasson US 41 1,950 548 91 639 24 663 Y Y V US 41J Davis Blvd 2,580 1,473 182 1,655 18 1,673 Y Y Airport Pulling Rd Davis Blvd Radio Rd 4,100 1,861 208 2,069 15 1,084 Y Y Radio Rd Golden Gate Pkwy 3,230 1,952 167 1,119 6 2,125 Y Y Goodlette Rd US 41 „- Golden Gate Pkwy 3,500 1,869 128 1,997 12 2,009 Y Y County Barn Rd Rattlesnake Hammock Davis Blvd 860 403 108 511 11 522 Y Y 'Bold N denotes Not within LOS Standards Sabal Bay MPUDA September 2011 Revision 10 Packet Page -341- TABLE 7 LEVEL OF SERVICE DETERMINATION 'Bold N denotes Not within LOS Standards The analysis shows that the adjacent arterials and collectors are projected to operate within LOS standards both with and without the project. ACCESS ANALYSES The project's main and secondary accesses were modeled by using the "Projected Total Traffic" from the site with the previously completed distribution. The 2022 PM Peak Hour volumes were determined from highest projection of either the 2011 Collier County AUIR factored by growth Sabal Bay MPUDA September 2011 Revision I I Based on Historical AUIR Growth 2022 W11 LOS Std ?' Bkgd Project Total Bkgd W/ Roadway Link From To SSF = VII !V -s- Vol Q X Proi. _ Four Corners Goodlette 3,410 2,479 16 2,495 Y Y Q Goodlette Davis Blvd 3,850 3,746 32 3,778 Y Y NAirport Davis Blvd Airport 2,750 1,911 9 1,921 Y Y US 41 Rattlesnake 3,200 2,550 47 2,598 Y y CV Rattlesnake Access 3,500 2,369 41 2,410 Y Y V- O Access Triangle 3,500 2,369 24 2,393 Y Y N Triangle Collier Blvd 3,200 1,555 13 1,568 Y Y M Collier Blvd San Marco Rd 1,075 722 5 727 Y Y ' west Bayshore 760 N/A NIA N/A N/A N/A Thomasson Dr Bayshore Access 760 458 7 464 Y Y /Ratttlesnake Access US 41 760 458 47 505 Y Y Hammock Rd US 41 Charlemagne 1,940 1,825 41 1,866 Y Y Charlemagne County Barn 1,940 925 30 955 Y Y Bayshore Dr Access Thomasson 760 N/A N/A N/A N/A N/A Thomasson US 41 1,950 681 24 705 Y Y US 41 Davis Blvd 2,580 1,831 18 1,850 Y Y Airport Pulling Rd Davis Blvd Radio Rd 4,100 2,314 15 2,329 Y Y Radio Rd Golden Gate Pkwy 3,230 2,427 6 2,433 Y Y Goodlette Rd US 41 Golden Gate Pkwy 3,500 2,324 12 2,335 Y Y County Barn Rd Rattlesnake Hammock Davis Blvd 860 501 I 1 512 Y Y . 'Bold N denotes Not within LOS Standards The analysis shows that the adjacent arterials and collectors are projected to operate within LOS standards both with and without the project. ACCESS ANALYSES The project's main and secondary accesses were modeled by using the "Projected Total Traffic" from the site with the previously completed distribution. The 2022 PM Peak Hour volumes were determined from highest projection of either the 2011 Collier County AUIR factored by growth Sabal Bay MPUDA September 2011 Revision I I 3/13/2012 Item 9.A. rates or the 2011 AUIR with trip bank volumes included. These volumes were modeled using the Synchro 7.0 software for LOS determination of the intersection for a projected 2022 PM Peak Hour. Exhibit 4 shows the PM Peak Hour Total Traffic assignment while Table 8 shows the LOS results from Synchro (see Appendix for Synchro printouts). TABLE 8 INTERSECTION LEVEL OF SERVICE Based on 2022 Projections LOS PM Peak Intersection Hour w /Project US 41 & Main Residential B Access Thomasson & Secondary A EBL -A WBL -A Residential Access NBL -C SBL -F CONCLUSIONS The analysis of the net new trips between the projected and existing approved land uses show all roadway segments in the vicinity of the project are projected to be within Level of Service standards both with and without the project. In addition, we have analyzed the proposed main and secondary residential accesses. We have shown that the US 41 /Main Residential Access is projected to operate adequately in 2022 with a signalized intersection. The left turn movements at the Thomasson/Secondary Residential Access are projected to operate adequately in 2022 as a non - signalized intersection with the exception of the southbound right and left turns. The only way to address this discrepancy is to signalize the intersection. It is this analyst's recommendation to not signalize this intersection. The southbound turns are project related and there are other accesses for these turns if this movement truly does fail. From these analyses it is concluded that other than site related impacts (turn lanes, etc); no other transportation improvements are anticipated for this project. As such, the developer proposes to pay appropriate transportation impact fees in accordance with the impact fee schedule and system in place at the time of Site Development Plan (SD), Plats and Plans (PPL) or Building Permit (BP). Sabal Bay MPUDA September 2011 Revision 12 Packet Page -343- N M r co Sahel Bay PUDA N, Omega Consulbnp Group, LLC S2m e g a Omega Consulting Group, LLC Copier Enterprise, Inc. 11338 Bonita Beach Road S.E.. Suite 2550 Goodletter Road N., $100 Consulting Group 103 Naples, Florida 34103 Bonita Springs, Florida 34135 May 2011 revised July 2011 Saba! Bay PUDA Location Map EXHIaff 1 C:1D0c t"6cb120109710l4Sabd BaylTramPOnaeon%.Pt —W 2011 Subrr1tt %R1014 PUDA nS -003 Ealdbftkw 9/212011 Sabel Bay PUDA 41 3,200+/ - Thomasson Ln Thomasson Dr Proposed full access to Public 7fullaccess. soo+l- Facility. Location to be determined by end user. 1700'4 Propose Left turn lanes are existing. Thomasson Dr O 3,800' + /- d O s N m a� a' c 0 S Bay St Proposed full access Proposed full access c. v 0 0 z r rb m Thomasson Dr 400' +1 - O Existing Access Proposed Access Proposed Axess ( Exsting median opening/turn lanes) Omega omega Consulting Group, LLC Collier Enterprise, Inc. 11338 Bonita Beach Road S.E., Suite 2550 Goodletter Road N., 0100 Consulting Group 103 Naples, Florida 34103 Bonita Springs, Florida 34135 July 2011 Packet Page -345 - C- D=\Projec1a120101R101LSebel WTrar& Mnedor%September 2011 SubmibaAA1014 PUDA nS -003 ExMbiMAsx 3/13/2012 Item 9.A. N NTS Rattlesnake Hammock Rd 300'+/ - Sabal Bay PUDA Access Map EXHIBIT 2 4o0'+r- 9/21120„ Q of N T- C) N M T- M Sabel Bay PUDA N Ivrs Rattlesnake Hammock Rd Existing L- I /R -I /R -O Thomasson Dr 75a+1- Proposed L- VR -1 /R -0 access to future commerial area. Directional median opening/WB left turn roll'+/- lane is existing Proposed Main Access. 1300• +1 - Proposed as signalized access US 41 Existing 2,60a+/- St. Andrews Blvd. Existing signalized access. Proposed connection. WB left turn lane is existing Q Exisarg Area. Propoead Access Proposed Access (Existing median openingnum lanes) Q m e g a Omega Consulting Group, LLC Collier Emerprise, Inc. Sabal Bey PUDA 11338 Bonita Beach Road S.E., Suite 2550 GoodletterRoad N., 5100 Access Map Consulting Group 103 Napes, Florida 34103 ocf'uali$ Bonita Springs, Florida 34135 July 2011 Omega Consulting Gmup. LLC C:1Ds Trojecta1Z IMR1014•Sabal Say\Tronporhsonl5eptambar 2711 SubmiaaVi1014 PIMA TIS-003 Exh bits.nda 921/2011 Saba] Bay PUDA 3/13/2012 Item 9.A. IN S d m e g a Omega Consulting Group, LLC Comer Enterprise, Inc. y 11338 Bonita Beach Road, S.E. 2550 Goodletter Road N., 0100 Consulting Group Suits 103 Naples, Florida 34103 Bonita Springs, Florida 34135 May 2011 revised September 2011 Packet Page -347- CAD=%Proleats12010Bt1014Sabel Bay%Tranapoftriw Sepurrow 2011 SubMitt"1014 PUDA TIS.OM Estibit&AU Sabal Bay PUDA Distribution Map EXHIBIT 4 421,1011 Q ai N N O N M r M Sabal Bay PUDA L Omega ConauMrg Group, LLC .l L m e g a Omega Consulting Group, LLC Collier Enterprise. Inc. 11738 Bonita Beach Road S.E., Suite 2550 Goodletter Road N., #100 Consulting Group 103 Napies, Florida 34103 Bonita Springs, Florida 34173 May 2011 revised September 2011 QV)0cMP1qjeds17D10Ui1014SabN BeAT— poruu.%sq, —ber 2011 8UbMMMA 41014 PUDA TIS-M EmbrKAw Sabal Bay PUDA Assignment Map Net New PM Pk Hr Trips EXHIBIT 5 821=11 Sabel By PUDA 3/13/2012 Item 9.A. 0 O Proposed A- OmegaOmage consulting Group, LLC Collier Enterprise, Inc. 11338 Bonita Beach Road S.E., Suita 2550 Goodleder Road N., #100 Consulting Group 103 Naples, Florida 34103 Bonita Springs, Florida 34135 May 2011 revised September 2011 Packet Page -349- ,%D=%proJeae1201oW 1014•Sabal BanTmmppneaun%septsmber 2011 submitt.AR1014 PUDA 1`15-003 Exitlrils YJU Sabal Bay PUDA Access Tuming Movements EXHIBIT 6 92112011 APPENDIX - • Correspondence and Exhibits in regards to Methodology Q • AUIR 2005-2011 Excerpts 6 • 2010/2011 Traffic Counts used for draft 2011 AUIR corrected for DFAC E 0 Synchro Printouts N v 0 N M M Logan /immokalee Mixed -Use Subdistrict TIS Appendix 3/13/2012 Item 9.A. APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:10 /13 /10 Time: 3:00 pm Location: Growth Management Division Room 907 People Attending: Name, Organization, and Telephone Numbers 1) Reed K. Jarvi PE Ome 239 - 777 -5741 2) Pat Utter Collier Enterprises 239 -261 -4455 3) John Podczerwins Collier Coup 239 -252 -5890 4) Mike Greene PE Collier County, 239 - 252 -5849 5) Study Preparer: Preparer's Name and Title: Reed K. Jarvi, PE Organization: Omega Consulting Group, LLC Address & Telephone Number: 3365 Woods Edge Circle Unit 101 Bonita Springs, Fl. 34134,239 - 777 -5741 Reviewers [s- Reviewer's Name & Title: John Podczerwinsky Collier County Collier County Transportation Planning Department Reviewer's Name & Title: Organization & Telephone Number: Applicant: Applicant's Name: Collier Enterprises, Inc. Address: 3003 Tamiami Trail North 4� Floor Naples, Fl. 34103 Telephone Number: 239 - 261 -4455 Pro os� ed Development: Name: Sabal Bay PUDA Location: Tamiami Trail E (US 41) & Thomasson Dr. Land Use Type: Single Famil /Multi - Family /General Office/Retail/,C '' t e� ITE Code #: 210/230/710/820/*3't9-' Proposed number of development ts: 1,999 residential du's 48,000 sf general office 176.000 retail 1-8-�� Other: Description: C:t000tp, jedsV0jM10i4- Saba) SaygranspcoaGonM014 MaMaObgymedi4 Packet Page -351- N N O N M M Zoning Existing: PUD Comprehensive plan recommendation: N/A Requested: PUDA Findings of the Preliminary Study: No impact Study Tyne: Small Scale TIS ® / Minor TIS ❑ Maior TIS ❑ Study Area: Boundaries: US 4 1 /Thomasson/Rattlesnake Hammock Additional intersections to b analyzed: None Horizon Year(s): 2016 V/ Analysis Time Period(s): PM Peak Hour Future Off -Site Developments: NA Source of Trip Generation Rates: ITE Reductions in THWGeneration Rates: None: Pass -by trips: A,�o lfzwfw ( A r Internal trips (PUD): `� •t Transmit use: Other: Horizon Year Roadway Network Im rovements• None Methodology & Assumptions: Non- site traffic estimate Site -trip generation: LAIOCA P Trip distribution method:.�SU"G`�S Traffic assignment Method: r Traffic growth rate: --ilyN 2% V-PtN6 �c31 tL 3 G &WhoaWSymegingdoc Ar5 Sgtg, Qr" �tat�6 3/13/2012 Item 9.A. Special Features: (from preliminary study or prior experience) Accidents locations: distance: Acc s location & nfiguration: Traffi control: Signal stem 1 cation & progression needs: On -site p needs: Data Sour Base map V. Prior study r rts: jurisdiction: process: Small Scale Study — No Fee X Minor Study - $750.00 Major Study - $1500.00 Includes 2 intersections Additional Intersections - $500.00 each All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. Applicant C.l000SU'rojeds1201GIR1d145aba� Bayl7r�nspa'faBonIR101d McMo�iabg�meeUhg.�; Packet Page -353- EXHIBIT A Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. " Manor Study Review" - $1,500 Fee (Includes two intersection analysis and two sufficiency reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collectedlassembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments /questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiency Reviews" - $500 Fee) Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. G10aca1GrgjW. i2070Utf 01 4- Sub&fB*TrNWmta6DnIR1014*O*d,� 9ynftft Ca Methodologyy Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Q Study" determination, written approvaLlcomments on a proposed methodology statement, and written confirmation of a re- submitted, amended methodology statement, and one meeting in Collier County, if needed. = "Small Scale Study" Review - No Additional Fee (Includes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review C) includes: a concurrency determination, site access inspection and confirmation of the study N compliance with trip generation, distribution and maximum threshold compliance. cY M "Minor Study Review" - $750 Fee (Includes one sufficiency review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off -site improvements within the right -of -way, review of site access and circulation, and preparation and review of "sufficiency" comments /questions. " Manor Study Review" - $1,500 Fee (Includes two intersection analysis and two sufficiency reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collectedlassembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments /questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiency Reviews" - $500 Fee) Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. G10aca1GrgjW. i2070Utf 01 4- Sub&fB*TrNWmta6DnIR1014*O*d,� 9ynftft Ca Warm Springs PUDA to !e' I TRIP GENERATION Land Use Single Family (LU 210): Residential Condominium (LU 230): General Office (LU 710): Shopping Center (LU 820): °Goif Course (LU 430): Total TRIP GENERATION Land Use Single Family (LU 210): Residential Condominium (LU 230): General Office (LU 710): Shopping Center (LU 820): _GolfiCourse (1-6'430)': ; Total Net New Traffic Size Unit Daily 800 DU 7,043 1,199 DU 5,697 48,000 SF 758 176,000 SF 9,807 18 Holes 643 23,305 3/13/2012 Item 9.A. Omega Consulting Group, LLC AM Peak PM Peak Total Enter Fart_ 570 143 428 377 64 313 104 92 13 215 131 84 40 32 8 1,266 430 838 Total 683 461 72 929 50 2,145 Enter E)dt 430 253 309 152 12 60 l 455 474 23 28 1,207 939 23,423 1,279 434 846 2,158 1,215 944 118 13 4 8 13 8 5 C: \Docs \Projects\2010\Rl014 -SabaI Bay\Transportation\R1014_PUDA TIS_001.xlsx Packet Page -355- 10/12/2010 AM Peak PM Peak Size Unit —D all, y Total Enter Exit Total Enter Eta 830 DU 7,286 591 148 443 706 445 261 1,169 DU 5,572 369 63 306 451 302 149 48,000 SF 758 104 92 13 72 12 60 176,000 SF 9,807 215 131 84 929 455 474 18 Holes 643 40 32 8 50 23 28 23,423 1,279 434 846 2,158 1,215 944 118 13 4 8 13 8 5 C: \Docs \Projects\2010\Rl014 -SabaI Bay\Transportation\R1014_PUDA TIS_001.xlsx Packet Page -355- 10/12/2010 N C:) N CY) co Warm Springs PUDA Omega Consulting Group, LLC TRIP DISTRIBUTIONJASSIGNMENT PM Peak Hour Roadway Unk From (&0 rA17 M02 Distribution Enterin Exj ng Four Corners Goodlette 10% 1 1 Goodlette Davis Blvd 20% 2 1 Davis Blvd Airport 6% 0 0 US 41 Airport Rattlesnake 30% 2 2 Rattlesnake Access 26% 2 1 Access Triangle 21% 2 1 Triangle Collier Blvd 11% 1 1 Collier Blvd San Marco Rd 4% 0 0 7. west Bayshore 0% 0 0 Thomasson Or Bayshore Access 6% 0 0 /Ratttlesnake Access US 41 30% 2 2 Hammock Rd US 41 Charlemagne 26% 2 1 Charlemagne County Barn 26% 2 1 Bayshore Dr Access Thornasson 17% 1 Thornasson US 41 15% 1 '2 US 41 Davis Blvd 16% 1 Airport Pulling Rd Davis Blvd Radio Rd 13% 1 Radio Rd Golden Gate Pkw 5% 0 0 Goodlette Rd US 41 Golden Gate Pkw 10% C:\DocsXProjects\2010\RI014-Saba) BayNTransportabon\RI014—PUDA—TIS-00I.xlsx 10/12/2010 01 Warm Springs PUDA •able •3;� • TRIP ASSIGNMENT /SIGNIFICANCE PM Peak Hour 3/13/2012 Item 9.A. Omega Consulting Group, LLC 'Bold denotes Peak Diredion ZBold denotes Significant per 212/3 in Peak Direction C: \Docs\Projects12010\R1014 -Sabat Bay\Transportation\R1014 PUDA_TIS_001.x1sx 10/12/2010 Packet Page -357- Peak Project % Roadway Link From -T-2 ?Euut>: Direction' U21 Im Four Corners Goodlette 100 NB/WB 1 OS% SB /EB 1 0.8% Goodlette Davis Blvd 100 NBNVB 1 1.0% SIB/ES 2 1.6% Davis Blvd Airport 2,750 NB/WB 0 0.0% SB /EB 0 0.0% Airport Rattlesnake 3,200 NB/WB 2 0.0% SB /EB 2 0.1% US 41 Rattlesnake Access 3,500 NB/WB 0 0.0% SB /EB 2 0.1% Access Triangle 3,500 NBIWB 2 0.1% SB /EB 1 0.0% Triangle Colter Blvd 3,200 NBIWB 1 0.0% SB/EB 1 0.0% Collier Blvd San Marco Rd 1,075 NB/WB 0 0.0% SB/EB 0 0.0% west Bayshore 760 NB/WB 0 0.0% SBIEB 0 0.0% Bayshore Access 760 NBMB 0 0.0% SB/EB 0 0.1% Thomasson Dr/ Access US 41 760 NB/WB 0 0.1% Ratdtesnake SB/EB 0 0.0% Hammock US 41 Charlemagne 1,940 NBIWB 2 0.1% SB/EB 1 0.1 % Charlemagne County Barn 1,940 NB/WB 2 0.1% SB /EB 1 0.1% Access " Thomasson 760 NBIWB 0 0.0% SB /EB 0 O.V. Bayshore Dr Thomasson US 41 1,950 NB/WB 1 0.0% SB /EB 1 0.1% US 41 Davis Blvd 2.580 NBIWB 1 0.0% SB/EB 1 0.01% Davis Blvd Radio Rd 4,100 NBIWB 1 0.0% Airport Putting Rd SB/EB 1 0.". Radio Rd Golden Gate Pkwy 3,230 NBFWB 0 0.0% SBIEB 0 0.0'1 US 41 Golden Gate Pkwy 3,500 NB/WB 1 0.0% Goodlette Rd SB /EB 1 0.0% Blvd 860 u NB/WB ' ^ 0 ` 0.0% County Barn Rd Rattlesnake Hammock Davis SB /EB 1 0.1% 'Bold denotes Peak Diredion ZBold denotes Significant per 212/3 in Peak Direction C: \Docs\Projects12010\R1014 -Sabat Bay\Transportation\R1014 PUDA_TIS_001.x1sx 10/12/2010 Packet Page -357- Q 0i E W rt-+ N r O N M M I i v%.�J4U.i00U" 00 lY ll �,l i5 Ck i1 �;r ll � � is !� ti u 4 li is E; li ii 'iD G IRA w b N w a O O O x V) O E ii 0. V � 11 I^ N 3 p � Q D O C KZ s a G IRA w b N w a O O O x V) O E ii 0. V saeai ery PVDA 3/13/2012 Item 9.A. r Omega Ornege Consulfing Group, LLC CoPrerEnterylise, for- Saba/ Bay PUDA aria wooW Edge circta, Unit tot 3003 T —TO Trail North Location & Access Map Consolfing Group Bmia springs, Florida 34134 r+.pes. Flariae 34103. EXHIBITI rp' Y1ajaCp12010IIt1014- 8"gny,TMaRM60r W 1014 %b0. TM 01 fbrb Sato[ Odober 201O Packet Page -359- 102=10 N N T- C) N M M 9 G m e g a Omega Comadling Group, LLC 3365 Woods Edge Gmle. Unit 101 Consulting Group aorta apdngs. Florida 34134 Collier Enlemrise. Inc 3003 Tamianu Two North Naples. Florida 34103 Octab.r2010 Saba] Bay PUDA Traffic Distr bWon Map EXWWT 2 r,WwOPMecbWVR1o+4 -S" fty%TnmapodatbeA 011 PUDA T13-M Waft hx iM1:RO1D F C O U W a v N .A N 3/13/2012 Item 9.A. 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Yo LLO QtMn w E �' C�1 H tD O 0-' O r- LLI Z TC 11 It '0 'E 0 Co Q W U W J _ >> 0) > LL to en y M Cl) M to W M Packet Page -379- Thomasson Drive & Secondary Residential Access 1: Int 9/21/2011 Thomasson Drive & Secondary Residential Access 7/28/20112022 PM Peak Hour with project Synchro 7 - Report Page 1 Lane Configurations t r I Volume (veh/h) 10 458 59 222 345 39 34 0 126 22 0 6 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 11 498 64 241 375 42 37 0 137 24 0 7 Pedestrians Q Lane - Width (ft) Walking Speed (ft/s) E Percent Blockage N Right turn flare (veh) 5 5 cV Median type None None r- Median storage veh) O Upstream signal (ft) N M pX, platoon unblocked \ vC, conflicting volume 417 562 1380 1420 498 1446 1441 375 M vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 417 562 1380 1420 498 1446 1441 375 tC, single (s) 4.1 4.1 7.1 6.5 6,2 7.1 6.5 6.2 tC, 2 stage (s) tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 33 p0 queue free % 99 76 62 100 76 65 100 99 cM capacity (vehm) 1142 1009 98 103 572 67 100 671 Volume Total 11 498 64 241 375 42 174 30 Volume Left 11 0 0 241 0 0 37 24 Volume Right 0 0 64 0 0 42 137 7 cSH 1142 1700 1700 1009 1700 1700 459 86 Volume to Capacity 0.01 0.29 0.04 0.24 0.22 0.02 0.38 0.35 Queue Length 95th (ft) 1 0 0 23 0 0 44 34 Control Delay (s) 8.2 0.0 0.0 9.7 0.0 0.0 23.8 69.1 Lane LOS A A C F Approach Delay (s) 0.2 3.5 23.8 69.1 Approach LOS C F Average Delay 6.0 Intersection Capacity Utilization 49.7% ICU Level of Service A Analysis Period (min) 15 Thomasson Drive & Secondary Residential Access 7/28/20112022 PM Peak Hour with project Synchro 7 - Report Page 1 3/13/2012 Item 9.A. Lanes, Volumes, Timings 9121/2011 4: US 41 & Project Access Lane Configurations TTT r 9 TTT .1 1 Volume (vph) 2564 170 137 2098 96 69 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Storage Length (ft) 350 350 200 200 Storage Lanes 1 1 1 1 Taper Length (ft) 25 25 25 25 -_____ Lane Util. Factor 0.91 1.00 1.00 0.91 1.00 1.00 Frt _ -0.850 - 0.850... Flt Protected 0.950 0.950 Satd. Flow (prot) 4940 1583 1770 4940 1770 1583 Flt Permitted 0.950 0.950 Satd. Flow (perm) 4940 1583 1770 4940 1770 1583 Right Turn on Red Yes Yes Satd. Flow (RTOR) 185 75 Link Speed (mph) 50 50 30 Link Distance (ft) 2000 2000 500 Travel Time (s) 27.3 27.3 11.4 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles ( %) 5% 2% 2% 5% 2% 2% Adj. Flow (vph) 2787 185 149 2280 104 75 Shared Lane Traffic ( %) Lane Group Flow (vph) 2787 185 149 2280 104 75 Turn Type Perm Prot Perm Protected Phases 6 5 2 4 Permitted Phases 6 4 Total Split (s) 54.0 54.0 16.0 70.0 20.0 20.0 Total Lost Time (s) 5.0 5.0 5.0 5.0 4.0 4.0 Act Effct Green (s) 52.6 52.6 10.4 69.0 10.4 10.4 Actuated g/C Ratio 0.62 0.62 0.12 0.81 0.12 0.12 We Ratio 0.91. 0.18 0.69 0.57 0.48 0.29 Control Delay 22.4 1.9 53.9 4.7 42.1 11.5 Queue Delay 0,0 0.0 0.0 0.0 0.0 0.0 Total Delay 22.4 1.9 53.9 4.7 42.1 11.5 LOS C A D A D B Approach Delay 21.2 7.7 29.3 Approach LOS C A C Queue Length 50th (ft) 476 0 76 142 52 0 Queue Length 95th (ft) #705 28 #163 226 100 37 Internal Link Dist (ft) 1920 1920 420 Turn Bay Length (ft) 350 350 200 200 Base Capacity (vph) 3052 1049 229 4001 332 358 Starvation Cap Reductn 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 Reduced v/c Ratio 0.91 0.18 0.65 0.57 0.31 0.21 Intersection Summary e A s Area Type: Other Cycle Length: 90 CMoc0rojects120101R1014 -Saba) Bay\Transportation\September 2011 Submittal\Synchro12022 PM Peak w Proj 41_access.syn Page 1 Packet Page -381- I N N r O N co r co Lanes, Volumes, Timings 4: US 41 & Project Access 9121/2011 Actuated Cycle Length: 85.2 Control Type: Semi Act - Uncoord Maximum v/c Ratio: 0.91 Intersection Signal Delay: 15.6 Intersection LOS: B Intersection Capacity Utilization 74.6% ICU Level of Service D Analysis Period (min) 15 # 95th percentile volume exceeds capacity, queue may be longer. 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Si 'i et ''a'+` ��`,o,t._ - i i "g • r� .q�,S —�� e+c. yr J , s� `°"_.dam.- 3s.4.'"'^ ' q ; t l s'}r - o _. � y s'T C r ,- 4+' t'A, d..!- - qi j• re j•. a yr . r jr f't j .,S•c. :. ilk-mss ,:.r 44: ! � !€� � a� ��i�..:°��la S � L '� •`*�p y_ s ::� 3 :5."t.� 171' r+ - .,t�� b�� f6.`�, r� „� 4'•% FK �. "t�S- ka2�.� -•4,3� �`� dir -�" e.�r -- ��" �- �`p �r� -1 �"L•`t�- �`=�t�'a.:• -.' ems`+._ 1 }. ?. IV Iz d f F '� •y L -rt -tea ..:`� : { 1 .i �. •Ia h __ r T s �L+ .' T_ O N M r M SIGN POSTING INSTRUCTIONS (Section 10.03.00, COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. I. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right -of -way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED c 2 WHO ON OATH SAYS THAT HE /SHE HAS POSTED PROPER NOTICE AS REQ RED BY SECTI N 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN P TITION NUMBER SIGNA RE OF APPL ANT OR AGENT STREET OR P.O. OX C< c pff NAME PED OR PRINT D) STATE OF FLORIDA COUNTY OF COLLIER / es Ft 3 yroS CITY STA E ZIP The foregoing instrument was sworn to and subscribed before me this a f d day of A/0 VC -1,�>� , 2p b /p X1�.> Y personally known to me or who produced as identification and w o did /did not take an oath. COLLEEN C. HOFFERBER :w MY COMMISSION & EE 0 80746 e EXPIRES; may 3, Banded Thor NW Y 2015 `�R ary Public Undervvriters My Commission Expires: (Stamp with serial-number) Signature of Notary Public (r Printed Name of Notary Public F: \WebsitelAFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5- 2- 05.doe La 3/13/2012 Item 9.A. er- -010 ``S e,�tie Qa9 Packet Page -385- N N O N M r M 0 c� v � a acri w 48 �0 0. z o =o w o 3/13/2012 Item 9.A. SABAL BAY MPUD ENVIRONMENTAL IMPACT STATEMENT October 2011 Prepared For: CDC Land Investments, Inc. and Collier Land Development, Inc. 2550 Goodlette Road North # 100 Naples, Florida 34103 (239) 261 -4455 Prepared By: Passarella & Associates, Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274 -0067 Project No. 04WCI1042 Packet Page -387- N N 0 N co co INTRODUCTION The following information and documents are provided in support of the application to amend the Collier County Mixed -Use Planned Unit Development (MPUD) (Ordinance 05 -59) for Sabal Bay (Project). The information is being provided in accordance with the Collier County Environmental Data submittal requirements outlined in Chapter 10.02. 02 of the Collier County Land Development Code (LDC). The Project site is located in Sections 23, 24, 25, 26, and 36; Township 50 South; Range 25 East and Section 19, Township 50 South, Range 26 East, Collier County. PROJECT DESCRIPTION The amendment includes a net reduction of the Project development footprint and an increase in total preserve area. The golf course associated with the previously- approved site design has been removed. On the west side of the Project site roadway access will be added at the intersection of Hamilton Avenue and Bay Street and on the east side of the Project site improvements will be made to the existing maintenance road leading to the Lely Manor Canal. The site plan has been modified to accommodate recent state and federal buffer recommendations for current active bald eagle nesting sites. Preservation areas will be connected by a network of recreational trails and bike paths. In addition, a new surveyed boundary is being used for the Project. This new survey boundary has resulted in a slight increase of the total Project acreage from the previously approved 2,416.08± acres to 2,416.49± acres. Under the existing MPUD, 1,256.24± acres of preserve area were provided for the Project. The revised Master Concept Plan provides 1,302± acres of preserve, which includes native vegetation in excess of 25 percent of the Project area. The Project is compliant with the preserve selection criteria pursuant to Chapter 3.05.07 of the Collier County LDC since the majority of the Project's wetland habitats are being preserved and native upland habitats occupied by listed species, primarily gopher tortoise (Gopherus polyphemus), will be preserved. The project shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of the South Florida Water Management District Basis of Review, January 2001. The detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. ENVIRONMENTAL DATA EXHIBITS The following documents are provided as part of this PUD amendment application: Exhibit 1. Environmental Data preparer's resume; Exhibit 2. Aerial with FLUCFCS and Wetlands Map; Exhibit 3. FLUCFCS, Wetlands, and Topographic Map; Exhibit 4. Listed Plant and Wildlife Species Survey Update and Discussion; Exhibit 5. Preserve Management Plan; Exhibit 6. Aerial with On -Site and Adjacent Preserves; Exhibit 7. Project Location with Land Use Designations; 3/13/2012 Item 9.A. Exhibit 8. Native Vegetation Map; Exhibit 9. Conceptual Surface Water Management Plan; Exhibit 10. MPUD Master Plan; and Exhibit 11. MPUD Modification Areas. 2 Packet Page -389- R N N EXHIBIT 1 0 N ENVIRONMENTAL DATA PREPARER'S RESUME M r M ANDREW WOODRUFF Vice President, Passarella & Associates, Inc. Education Professional History 3/13/2012 Item 9.A. 18 years experience as an environmental consultant providing ecological services to both private and public sector projects including commercial and residential development, roads, bridges, public utilities, aggregate mines, and mitigation banks. Services include state, federal, and local wetland and wildlife permitting; agency negotiations; environmental impact assessments; ecological assessments; listed species surveys, permitting and relocation; state and federal wetland jurisdictionals; wetland mitigation design and construction observations; wetland and hydrologic monitoring; and prescribed burn management. M.S. Environmental Engineering - 1993. Major: Aquatic Science University of Florida, Gainesville, Florida Thesis: Florida Springs Chemical Classification and Aquatic Biological Communities B.S. Biology -1989 Emory University, Atlanta, Georgia 1997 - Present Vice President / Senior Ecologist Passarella & Associates, Inc., Fort Myers, Florida 1992-1997 Ecologist Kevin L. Erwin Consulting Ecologist, Inc., Fort Myers, Florida Continuing Education • Basic Prescribed Fire Training. Hillsborough Community College (1993) • Florida Association of Benthologists Annual Keys Workshop. Keys Marine Laboratory, Long Key, Florida (October 16 -18, 1996) • 12th Annual Environmental Permitting Summer School, Marco Island, Florida • (July 1998) Shorebird Seminar with Ted Below, Rookery Bay, Naples, Florida (January 1998) • Dr. David Hall's Plant Identification Workshop (1999) • Dr. Victor W. Carlisle's Hydric Soils Seminar (2000) • SFWMD Environmental Resource Permitting Seminar (2001) • Master Wildlifer Program (2003) • Creation and Restoration of Wetlands Course. The Ohio State University; held in Naples, Florida (April 2003) • Florida Uniform Mitigation Assessment Method (iJMAM) Short Course, University of Florida, Gainesville, Florida (August 2005) • Annual Environmental Permitting Summer School, Marco Island, FL. July 2009. • Smalltooth Sawfish Workshop, Fort Myers, Florida, November 2009. • COE Regulatory Roadshow, Estero, Florida, September 2009. • Managing Diversity Across Florida's Unique Landscape, Orlando, Florida, November 2009. • Working Across Boundaries - Ecosystems, Apopka, Florida, March 2010. • SW Florida Transportation Update, Fort Myers, Florida, April 2010. • Environmental LDC Amendments Workshop, Naples, Florida, October 2010. Packet Page -391- .Professional Associations Florida Association of Environmental Professionals Local Board of Directors (1999) Society of Wetland Scientists Coastal Conservation Association U.S. Power Squadron San Carlos Bay Chairman Environmental Committee (1999) Board of Trustees for the Calusa Nature Center and Planetarium (2007) Certifications Certified Wetland Delineator by the U.S. Army Corps of Engineers Q Certified Prescribed Burn Manager by the Florida Division of Forestry P.A.D.I. Open Water Diver NRepresentative Projects N • Florida Department of Environmental Protection Qualified Mitigation Supervisor for Corkscrew Regional Mitigation Bank. Lee County, Florida. 2010 O N • Wetland jurisdictional assessment of 1,800± acres of hydrologically disturbed M mucklands. Willowbrook Farms, Florida. 1994. M• Florida panther prey base study and wildlife and listed plant inventory for Florida Gulf Coast University. Lee County, Florida. • Florida scrub jay and burrowing owl survey and habitat management plan for the 5,800± acre Viera East ADA/DRI, Brevard County, Florida • Vegetation mapping, state and federal wetland delineation, and protected species surveys for Carlos Flow -way. East County Water Control District, Lee County, Florida. • Florida Game and Fresh Water Fish Commission gopher tortoise survey, relocation, and agency coordination for Collier's Reserve. Collier County, Florida. • Preferred alternative bridge analysis; wetlands and wildlife technical memorandums; and public hearing participation for the Boca Grande Swing Bridge. Gasparilla Island Bridge Authority, Charlotte County, Florida. 2008. • USCG Bridge Permit; listed species coordination with NMFS, USFWS, and FWCC; seagrass survey; and SFWMD Environmental Resource Permit for Sanibel Causeway Span A. Lee County DOT, Lee County, Florida. 2002. • SFWMD and COE Environmental Resource Permits for Bonita Beach Road Widening Project. Lee County DOT, Lee County, Florida. 2005. • Wetland hydrologic assessment, SFWMD and COE wetland jurisdictional determination and Environmental Resource Permit, USFWS Section 7 Consultation resulting in Biological Opinion and Incidental Take Permit for Florida panther for Saba] Bay. Collier County, Florida. • SFWMD Environmental Permitting for agriculture, COE and FDEP wetland impact permits for mining, FWCC permits for burrowing owl, USFWS permitting for Florida panther and wood stork, for S.R. 846 Land Trust. Collier County, Florida. • Benthic survey, COE Section 10 Dredge and Fill Permit for navigable waters, USFWS Section 7 Consultation and Biological Opinion for bald eagle and manatee for Aqua, Pelican Isle Yacht Club. Collier County, Florida. • FDEP Seagrass Survey and Monitoring for Hideaway Beach Renourishment and Erosion Control project. Collier County, Florida. • Development of Regional Impact environmental impact studies, Environmental Permitting for SWFWMD and COE wetland impacts, FWCC gopher tortoise permitting, USFWS permitting and mitigation design for wood stork for The Loop. Charlotte County, Florida 3/13/2012 Item 9.A. EXHIBIT 2 AERIAL WITH FLUCFCS AND WETLANDS MAP (Provided as 24 x 36 inch (Scale 1" = 600') and 11 x 17 inch (NTS)) Packet Page -393- N N T- C) N M T- M vle NO a �r�yQ 3/13/2012 Item 9.A. Sabal Bay MPUD Amendment Neighborhood Information Meeting September 12, 2011; 5:30 P.M. Social Hall of Lely Presbyterian Church; 110 St. Andrews Boulevard Meeting Summary Meeting began at 5:30 p.m. Members of the project team were present including Patrick Utter, Valerie Pike, Bruce Anderson, Margaret Perry, John English, Reed Jarvi, and Andy Woodruff. Kay Deselem, Collier County Principal Planner also attended. As indicated on the sign -in sheet (attached), approximately 22 members of the public were also in attendance. Margaret Perry of WilsonMiller Stantec welcomed those in attendance and provided an overview of the requested PUD amendment application. The project was originally approved in 1986 and the most recent amendment to the project was approved in 2005. The project is approved for the maximum development of up to: 1,999 residential dwelling units, 200,000 square feet of retail, 60,000 square feet of office, and 250 hotel rooms. Ms. Perry summarized what is already approved for the project. There is no change proposed for the existing, approved development parameters. Summary of the proposed changes are as follows: • The elimination of the golf course • The addition of 2 access points — one on US 41 lining up with St. Andrews Boulevard and one at Hamilton Avenue • Revision to the allowed height of potential continuing care retirement uses from 3 stories to 80 feet in the residential areas; and also allowing a floor area ratio of 0.6 for this use • Inclusion of car washes and post office as an allowed use in the recreation /village center area • Inclusion of outside storage areas (excluding boats) and telecommunications facilities as allowed uses • Changes to some of the conditions of approval Patrick Utter then provided a more detailed overview of the proposed master plan for the project and fielded questions from the audience. Questions asked /issues raised: Will the trails be available for public use? Response: This will be a gated community and the trails will not be open to the general public. After a question from a member of the audience, Mr. Utter provided clarification of the location of the preserve areas. Why the need for 80 feet height for CCRC /ALF facility(ies)? Response: Based on market research for these types of facilities and the needs of the residents, more compact, vertical facilities are desired, similar to those found in Moorings Park. Also noted that there is no confirmation at this time that there will be a CCRC /AFL in the project; it is a proposed use. There was concern voiced regarding the height for this potential facility if located near existing residential dwelling units and also the long term effect of tall buildings to the East Naples area. Mr. Utter clarified that the project is approved for 1,999 units and 340 have already been committed for a portion of the project located north of Thomasson Drive, leaving 1,659 units for the remaining residential area within the project. Packet Page -395- m N 0 N CO M Is the R7 area noted on the master plan going to be residential? Response: Yes. Given this fact, won't this provide an increase in traffic on Hamilton Avenue given the proposed new access point? Response: Better traffic circulation should be the result. Instead of residents exiting onto U.S. 41 or Thomasson Drive and going around to go down Bayshore Drive, this access will provide residents the ability to access the Hamilton Harbor Marina without traveling miles to reach the destination. Mr. Utter explained that there are currently about 200 members of Hamilton Harbor Yacht Club, and they have the ability to provide membership for 600 members and hopefully, some residents of Sabal Bay will choose to become members. Mr. Utter explained that single family lot sizes will vary throughout the project with average lots width ranging from 45 feet to 120 feet. Will there be access to the project from Bayshore Drive? Response: Yes. These are not new access points but are already approved. Entrances to the project from Bayshore Drive will be gated. Where will the access points be during the construction phase of the project? There was concern regarding large truck traffic during the construction phase. Response: The definite location for construction traffic access is not yet finalized and will have to be coordinated with the County Transportation Department. Construction of the first phase of development is expected to begin at the main project entrance on U.S. 41 located south of the Lely Main Canal and will probably wrap around behind the existing shopping center. The clubhouse /recreation center will be part of the first phase of development. Construction project entrance could be from the Thomasson Drive access point. Could there be another developer who actually develops the project? Response: That is a possibility; however, if a future developer desires changes to the existing development parameters, they would have to go through a PUD amendment process again. Will this project have any effects on the existing Avalon Elementary School or East Naples Community Park? Response: A site for a middle school has already been designated within the project and that property is currently owned by the School District. No negative effects to either of the facilities are projected. Discussion occurred regarding increases in traffic on Hamilton Avenue and Bayshore Drive as a result of the project and other development in the area including Naples Botanical Garden. Could the access onto Hamilton Avenue be strictly for access to the marina and not to the transportation network? Response: This may not be possible due to environmental constraints. What is the projected timeframe for the project? Response: Market will determine; it's probably a 10 -15 year timeframe. Discussion occurred regarding improvements to the Avalon Canal including the 10 foot buffer on either side. The timing for these improvements is not yet known and the County will be responsible for ongoing maintenance. How will this project affect the drainage in the Bayshore area? Response: This project does not outfall into the Avalon Canal and should not affect the drainage in the area. 3/13/2012 Item 9.A. What type of fence will be provided? Response: Not finalized at this time but a black, vinyl, chain -link fence is foreseen. Mr. Utter explained that portion of the project is within the existing MSTU and CRA and will provide increase in revenues via taxes for improvements within the MSTU and CRA. The applicant has been coordinating with CRA staff and hopes to come to agreement on conditions of approval that will be beneficial to projects within the CRA. Meeting concluded at approximately 6:45 p.m. Packet Page -397- Q ai E a) V 0 N co co te'O �r,5 Qa9 3/13/2012 Item 9.A. V v z zW� k W 2 �. 75 zo Coco z�Lo W w • T -� o w Z CL Z T re �zCC a �.- W W Q O M cn m0 2 J rr W � coon a. < m� C/) _ C3 W \ z 3/13/2012 Item 9.A. v k CT J Lb \ r 'v1 a 4a V J 1 © v rJ b J V tJ Izi a _ h ca a R s , 2 -s �= U 5 ci f D-1—+ Dnrrc _2QQ_ Q N N c- ,� M _ w 0 0.. Q m J Q m Q (D z w w 2 z _O Q rr O LL z 0 O O Er O m _' CD w z R-1: CL O -J cy) L o W T J T ( 1 O vv N F-- N T rr a. w w m cn 2a w W F-- J n CL w CO 3/13/2012 Item 9.A. AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004 -41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance of State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this J'% day of ki 20M by , tC� r tnP.l ✓ , who is personally known to me or who has produced as identification. (Signature of Notary Printed Name of Notary G:1N[M Procedures /Affidavit Of Compliance - NIM Oct2010.Doc Packet Page -401- COLLEEN C. HOFFERBER MY COMMISSION 8 EE 080746 EVIpE� Nifty 3, 2015 u aWW 04�'aryPdbHoUnderwriters Q of W V 0 N M M Wilsdomiller � 3200 Bailey Lane, Suite 200 Naples, FL 34105 Tel: (239) 649 -4040 August 31, 2011 Dear Property Owner: Stantec I would like to take this opportunity to advise you that CDC Land Investments, Inc. and Collier Land Development, Inc., represented by R. Bruce Anderson, Esq. of Roetzel and Andress, LPA and Margaret Perry, AICP of WilsonMiller Stantec, have filed an Application for Public Hearing to amend the Mixed Use Planned Unit Development (MPUD) known as Sabal Bay MPUD. The subject property is located in Collier County south of Thomasson Drive and south and west of U.S. 41. Please see attached location map. The property to which the MPUD Amendment application applies contains approximately 2,417 acres. A portion of the site is currently developed with a shopping center, bank, and offices at or near the corner of the intersection of Thomasson Drive and U.S. 41. The majority of the site is currently undeveloped. It is the intent of the property owner to obtain approval of the MPUD amendment for Sabal Bay to: • Provide a new site plan which eliminates the 18 -hole golf course and allows more lakes; • Provide for two additional access points; one on U.S. 41 and one on Hamilton Avenue; • Revise the allowable height for a potential assisted living facility from three stories to 80 feet and an allowable floor area ratio of 0.60 within the "Residential" area; • Revise the list of uses to include a car wash and a post office within the "RecreationNillage Center" area; • Provide the option to include outside storage (excluding boats) and communications facilities as approved uses in the "Residential' area. In order to provide you an opportunity to become informed about the MPUD Amendment application and to give you an opportunity to meet with our project team, we are holding an informational meeting on Monday, September 12, 2011, at 5:30 p.m. at the Social Hall of Lely Presbyterian Church, 110 St. Andrews Boulevard, Naples, FL 34113, located on the south side of St. Andrews Boulevard, just east of U.S. 41. At this meeting, our project team will make every effort to describe the proposed requested MPUD Amendment application. I hope that you are able to attend this informational meeting and I look forward to seeing you there. In the meantime, if you have any questions, please feel free to contact me (239 - 649 -4040) or Bruce Anderson (239- 649 - 2708). Sincerely, Margiet Perry, Al Senior Project Manager Enclosure 3/13/2012 Item 9.A. 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NAPL ,FL 34112 -0000 1 BANK OF AMERICA NA 13510 BALLANTYNE CORP PLACE NC 2- 109 -06 -05 CHARLOTTE,NC 28277 -0000 BARNEBEE, MICHAEL C =& JANICE L 5027 TAMIAMI TRL E NAPLES,FL 34113 -4126 BEATON, IAIN 1L6AM GRANT 136011TH S NAPLES,F 34102 -0000 V l BELIZAIRE, ERNEST =& MARIE C 2912 WOODSIDE AVE NAPLES,FL 34112 -7332 BERMAN,MARK BERMAN, MICHAEL 73 CONSTITUTION DR NAPLES,FL 34112 - -7309 BINNINGTON EST, LEAH % JANE MARTIN PR C/O 3963 STONE POINT RD ,ON CANADA, KOH 1 - -0000 BLUM, DONALD T Y =& ELUTEA 1207 CROWN P NT DR HURRICANE, 25526 -0000 BLUM,TROY =& UTEA 1207 CROWN DINT DR HURRICAN ,WV 25526 -0000 BNA PROP TIES LLC PO BO 944 NAP S,FL 34101 -8944 , AVALON SHORES LLC 750 8TH AVE S NAPLES,FL 34102 -6920 BARGINER, ZONIA 4630 LOMBARDY LN NAPLES,FL 34112 -6624 BARTOK,LEE 1178 MAYWOOD LN MARTINEZ,CA 94553 -4170 BEATTIE, KIMLEE E KART K BEATTIE 16961 NICHOLS RD EAST LANSING,MI 48823 -9612 BELTRAN, CONCEPCION JUAN MANUELHERNANDEZ 2548 HOLLY AVE NAPLES,FL 34112 -7316 BERMAN, MARK M =& VIRGINIA L 73 CONSTITUTION DR NAPLES,FL 34112- -7309 BLUE MARLIN STATIONS LLC 1201 OAKFIELD DR BRANDON,FL 33511 -4928 BLUM, DONALD T OY =& ELUTEA L 1207 CROWN 1NT DR i HURRICAN 25526 -0000 (� 1 �t' BNA PROPERTIES LLC PO BOX 8944 NAPLES,FL 34101 -8944 BNA PROPE TIES LLC PO BOX 8 4 NAPL FL 34101 -8944 ' ttiquettes faciles a peter Sens d 4 -chure afjn die 1_ 0 P2Ck2t Pd 0-GO VERY Utilisez le gabarit AVERY® 5160® l chargem ge - 405 - rrd Pop -Up Easy Neel L.anels i & Sena along line to i Use Avery15 Template 516040 Feed Paper expose Pop -Up EdgeTM BNA PROPER S LLC BNA PROPS ES LLC PO BOX 89 PO BOX 8 4 NAPLES 34101 -8944 NAPL FL 34101 -8944 G BOONE, JOSH COURTNEY A INGERSOLL 4617 LOMBARDY LN NAPLES,FL 34112 -6615 BOTANICAL CARD INC THE 4820 BAYSHO DR STE D Q NAPLES,FL 112 -0000 I' 6 Q1 CV BOTANICAL GARD N INC THE r DBA NAPLES B AN[CAL GARDEN 4820 BAYSH E DR STE D MNAPL ,F 34112 -0000 H-A r M BRESEE TR EST, CONSTANCE J CONSTANCE J BRESSE TRUST EST UTD 9/7/00 4108 MINDI AVE NAPLES,FL 34112- -6740 BRYANT, LORETTA GAIL 2684 HOLLY AVE NAPLES,FL 34112 -7316 BOOS DEVELOPMENT GROUP INC 2651 MCCORMICK DR CLEARWATER,FL 33759 -0000 BOTANICAL GARDE AC THE DBA NAPLES BOT ICAL GARDEN 4820 BAYSHO DR STE D NAPLES,FL 112 -0000 BOTANICAL GA N INC THE DBA NAPLES TANICAL GARDEN 4820 BAYqIf60 RE DR STE D NAPLE , L 34112 - -0000 BROCK CENTER LLC 533 TIGERTAIL CT MARCO ISLAND,FL 34145 -000D BULTINCK, STEFAAN LOUIS T =& MARY C SCIORTINO 4881 BERKELEY DR NAPLES,FL 34112 -3735 BURNS, ELLEN CABRAL, LIDIA NOEMI 2946 HAWT RNE CT MARGARITA SUSANA CABRAL NAPL7 34104 -0000 4900 BISCAYNE DR APT 3 NAPLES,FL 34112- -6903 CADDEL CAPITAL LLC CAGE, ALISHA Y 620 NW 58TH CT 4535 LAKEWOOD BLVD MIAMI,FL 33126 -3126 NAPLES,FL 34112 -0000 CAGE, ALISHA Y CAJUSTE TRS, OSNEL =& CLONIE F 3250 ANDREWS AVE O & C CAJUSTE REV LN TRUST NAPLES,FL 34112 -7304 4872 CATALINA DR NAPLES,FL 34112 -0000 CANNON, THOMAS G =& GALE CANNON, THO S G =& GALE 5093 TAMIAMI TRL E 5093 TAMIA TRL E NAPLES,FL 34113 --4128 NAPLES,F 34113 -4128 ttiquettes faciles a peter ® Repliez a la hachure afin de Utllisez le gabarit AVERY® 51600 chargement reveler le rebord Pop -Uprm AVERY@ 5160® i BOND, WILLIAM 3 BIRCH TREE LN NEWCASTLE, ON CANADA, LIB 1 -0000 BOTANICAL GARDEN INC THE DBA NAPLES BOTANICAL GARDEN 4820 BAYSHORE DR STE D NAPLES,FL 34112 -0000 BOTANICAL GARD N INC THE DBA NAPLES B ICAL GARDEN 4820 BAYSH E DR STE D NAPLES,F 34112 -0000 1 6 s G BOTANICAL GARDE NC THE DBA NAPLES BO NICAL GARDEN 4820 BAYSH DR STE D NAPLES,F 34112 -0000 t ,� c"if , BROTHERS UNITED INVSTMNT GRP 2800 DAVIS BLVD STE 208 NAPLES,FL 34104 -4370 BURNS, ELLEN A 2946 HAWTHORNE CT NAPLES,FL 34104 -0000 CABRERA. EUNICE CABRERA, THOMAS DE 3631 POPLAR WAY NAPLES,FL 34112 -6635 CAGE, ALTS Y 4535 LAK OOD BLVD NAPL ,FL 34112 -0000 CAMPOS,DAYSE 3999 ROSE AVE NAPLES,FL 34112 -6771 CARBALLEA, JULIO ANNA HERNANDEZ 1430 GOLDEN GATE BLVD E NAPLES,FL 34120 -3603 www.avery.com 1- 800 -GO -AVERY raby reci– wu-n- -" ovuu C.—V ...-C w 1 Imm ALvMf<ytw 5760'6' i Use Avery® Template 51600 Feed Paper expose Pop -Up Edge" 3/13/2012 Item 9.A. 1 CARBALLO• GIOVANNI 4309 THOMASSON LN NAPLES,FL 34112 -6763 CASEY, TIMOTHY S KAREN TURVILLE 3212 WOODSIDE AVE NAPLES,FL 34112- -7334 CDC LAND INVES NTS INC 3003 TAMIAMI T_ N NAPLES,FL 103 -2714 CDC LAND INVE ENTS INC 3003 TAMIAMI L N NAPLES,F 34103 -2714 CDC LAND INVESTMENTS INC 3003 TAMIA RL N NAPLES,F 34103 -0000 ,OC LAND INVE TMENTS INC 3003 TAMIAM RL N NAPLES,F 34103 -0000 CENTENNIAL HOLDINGS COLLIER CHILD CAY,FL 1485 S SEVD STE 1448 WINTER P2792- -5508 ' CHEN TR, JIE PINE VIEW T ST UTD 1/28/1 PO BO 051 NAPL S,FL 34101 -9051 CHIRINOS, DANIEL PATRICIA SAUNTER PO BOX 954 NAPLES,FL 34106 -0954 CITY OF NAPLES 15 8TH ST S .4APLES,FL 34102 -0000 CAREW, JOAN R =& JOHN F 4568 LAKEWOOD BLVD NAPLES,FL 34112 -5264 CASTILLO, TRINIDAD =& EVA 4636 ORCHARD LN NAPLES,FL 34112- --6620 CDC LAND INVESTMENTS INC 3003 TAMI 'MI TRL N NAPLE L 34103 -0000 CDC LAND INV STMENTS INC 3003 TAMI 1 TRL N NAPLES L 34103-0000 CDC LAND I VESTMENTS INC 3003 TAMI I TRL N STE 400 NAPLE L 34103 -2714 CELESTIN, DANIEL OVERLANDE ISME 8555 BAYSHORE DR NAPLES,FL 34112 -7342 CENTERS, JACK =& SHARON 20 HATHAWAY COMMONS LEBANON,OH 45036 -3832 CHRISTENSEN, LAUREL LYNN 8171 NEWMAN AVE APT B HUNTINGTON BEACH,CA 92647 -7044 CITY OF NAP DES 735 8TH S S NAPLE ,FL 34102 -6703 CASE, DANIEL OWEN 261T HOLLY AVE NAPLES,FL 34112-7315 CAVALLONE, ROSE 75 SAINT ANDREWS BLVD APT 202 NAPLES,FL 34113 -7602 CDC LAND INVESTMENTS INC 3003 TAMIA TRL N NAPLES,F 34103 -2714 CDC LAND INVESTMENTS INC 3003 TA TRL N NAPLE L 34103 -2714 CDC LAND NVESTMENTS INC 3003 TAM MI TRL N NAPLE L 34103 -0000 CENTENNIAL HOLDINGS COLLIER CHILD CARE LLC 1485 S SEMORAN BLVD STE 1448 WINTER PARK,FL 32792 -5508 CHEN TR, JIE PINE VIEW TRUST UTD 1/28110 PO BOX 9051 NAPLES,FL 34101 -9051 CHICKERING, NICHOLAS S 3928 ROSE AVE NAPLES,FL 34112 -6772 CHURNEY, TERENCE FRANCIS KELLY MARIE CHURNEY 61 CONSTITUTION DR NAPLES,FL 34112 -7309 Crf ' Z LES N ' 8 NAP 34102 -6703 A - .. ' ' -chure afin de i www.avery.com Etiquettes faciles a peler Sens c packet Page -407-)rd Pop -UpTM ' 1- 800 -GO -AVERY ' Utilisez le gabarit AVERY® 51600 chargerr. _ CHEN TR, JIE SI�^ i PINE VIEW T ST UTD 1128/10 PO BOX 9 51 NAPLE , L 34101 -9051 CHRISTENSEN, LAUREL LYNN 8171 NEWMAN AVE APT B HUNTINGTON BEACH,CA 92647 -7044 CITY OF NAP DES 735 8TH S S NAPLE ,FL 34102 -6703 CASE, DANIEL OWEN 261T HOLLY AVE NAPLES,FL 34112-7315 CAVALLONE, ROSE 75 SAINT ANDREWS BLVD APT 202 NAPLES,FL 34113 -7602 CDC LAND INVESTMENTS INC 3003 TAMIA TRL N NAPLES,F 34103 -2714 CDC LAND INVESTMENTS INC 3003 TA TRL N NAPLE L 34103 -2714 CDC LAND NVESTMENTS INC 3003 TAM MI TRL N NAPLE L 34103 -0000 CENTENNIAL HOLDINGS COLLIER CHILD CARE LLC 1485 S SEMORAN BLVD STE 1448 WINTER PARK,FL 32792 -5508 CHEN TR, JIE PINE VIEW TRUST UTD 1/28110 PO BOX 9051 NAPLES,FL 34101 -9051 CHICKERING, NICHOLAS S 3928 ROSE AVE NAPLES,FL 34112 -6772 CHURNEY, TERENCE FRANCIS KELLY MARIE CHURNEY 61 CONSTITUTION DR NAPLES,FL 34112 -7309 Crf ' Z LES N ' 8 NAP 34102 -6703 A - .. ' ' -chure afin de i www.avery.com Etiquettes faciles a peler Sens c packet Page -407-)rd Pop -UpTM ' 1- 800 -GO -AVERY ' Utilisez le gabarit AVERY® 51600 chargerr. _ casy reel -- wuclo , Use Avery® Template 51600 Feed Paper m � expose Pop -Up EdgeTM V #4v=M T w .51ou- i j CITY OF N ES CLARK PROP INVSTMNT GROUP LLC CLARKE, TIMOTHY A 735 8TH S 416 BRISTLE CONE LN 48 REPUBLIC DR NAPL ,FL 34102 -0000 NAPLES,FL 34113 -8308 NAPLES,FL 34112 -7328 c� CODO TR, PHYLLIS COFER, SARA A COLETTE, JOSEPH F =& FLORENCE W PHYLLIS J CODO TRUST 4624 ORCHARD LN 345 HARMONY HILL RD UTD 01/26/89 NAPLES,FL 34112 -6620 HARWINTON,CT 06791 -1417 85 SAINT ANDREWS BLVD NAPLES,FL 34113 -7693 COLLIER CNTY COLLIER CNTY COLLIER CN COURTHOUSE COMPLEX BLDG F HOUSING ALTERNATIVE INC COL TA MI TRL E Q 3301 TAMIAMI TRL E 6075 BATHEY LN NAP ,FL 34112 - --4961 NAPLES,FL 34112 -4961 NAPLES,FL 34116 -7536 E NCOLLIER CN COLLIER C TY COLLIER TY 3301 TAMI I TRL E 3301 TA TAMI TRL E 3301 TA MI TRL E NAPLES L 34112 --4961 NA ,FL 34112 - --4961 NAPL FL 34112 - --4961 M r M COLLIER CN.TY COLLIER C TY COLLIER TY 3301 TAM MI TRL E 3301 TAMI MI TRL E 3301 TA I TRL E NAPLE ,FL 34112 - 4961 ( NAPLES L 34112 - --4961 NAPL FL 34112--4961 1 1 COLLIER CN)N COLLIER CN COLLIER pNTY HOUSING 1TERNATIVE INC HOUSING A ERNATIVE INC 3301 T IIAMI TRL E 6075 BAT 1EY LN ,; 6075 BAT LN NAPL FL 34112 - --4961 NAPLFS,FL 34116 -7536 �hr NAPLES L 34116 -7536 COLLIER CNTY COLLIER C COLLIER PITY —0000 >� HOUSING A ERNATIVE INC 3301 TA TAMI TRL E , ,! 6075BAT LN V" NAPL ,FL 34112- -0000 t NAPLES L 34116 -7536 ((((JJJf UUUU COLLIER C ! COLLIER CNTY COLLIER COUNTY 3301 TAM I TRL E , HOUSING TERNATIVE INC 3301 TA AMI TRL E V NAPLE ,FL 34112 -0000 6075 BA EY LN NAPLE ,FL 34112- -0000 NA FL 34116 -7536 COLLIER C LINTY COLLIER FINANCIAL INC COLLIER FINANCIAL INC 3301 TAM I TRL E 4985 TAMIAMI TRL E 4985 TAMIANJKRL E NAPLE , L 34112 - --4961 UM `\ NAPLES,FL 34113 --4131 NAPLES,F 34113 --4131 COLLIER LAND DEV LOPMENT INC COLLIER LAND D ELOPMENT INC COLLIER LAND DEVELOPMENT INC 3003 TAMIAMI TR STE 400 3003 TAMIAMI L N STE 400 3003 TAMIAM RL N STE 400 , NAPLES,FL 34 3 -0000 NAPLES, FL 4103 -0000 NAPLES,F 34103 -0000 It ttiquettes faciles a peter Sens de Repliez b la hachure afin de wvvw.avery com Utilisez le gabarit AVERY® 51600 chargement rdv6ler le rebord Pop -UpTM �' 1- 800-GO -AVERY ' tasy reel' Laoels Use Avery® Template 51600 COLRIS CAPITAL MGMT LLC 24100 STILLWELL PKWY BONITA SPRINGS,FL 34135 -- -8825 CONLEY, DEBRA J 996 13TH ST N NAPLES,FL 34102- -5484 CORTADA, RANDOLF 1 =& MARCIA 4577 BEECHWOOD LAKE DR NAPLES,FL 34112 -5263 CRAWFORD TR, J STEPHEN LTA UTD 4120/99 K/A THE FORREST G AMARANTH LAND TRUSTPO BOX 366787 BONITA SPRINGS,FL 34136 -0000 CROCKETT, PATRICIA JANE 3924 MINDI AVE NAPLES,FL 34112 -6738 j &J NAPLES INVESTORS LLC 1900 EMPRESS CT NAPLES,FL 34110 -1004 DEFRANCESCO, JENNIFER 4302 ROSE AVE NAPLES,FL 34112 -1701 DERV ILLE, ELIDE A 4320 MINDI AVE NAPLES,FL 34112 -6742 DOT /ST OF FL % DOUGLAS BLDG 3900 COMMONWEALTH BLVD TALLAHASSEE,FL 32399 -0000 FAST NAPLES FIRE & RESCUE DIST )81 TAMIAMI TRL E NAPLES,FL 34113 --4128 0 E nenu among une io i Feed Paper 'ms expose Pop -Up EdgeTM COMBS, ROGER 6260 BATHEY LN NAPLES,FL 34116 -7538 CONTI, MARY JEAN ANTHONY M & ANGELINE M VITRANO 95 SAINT ANDREWS BLVD APT 8211 NAPLES,FL 34113 - -7694 CORTADA, RAN LF 1 =& MARCIA 4577 BEECH OD LAKE DR NAPLES,F 34112 -5263 / 1 CRAWFORD TR, J STEPHEN ITF FOREST G AMARANTH TR UTD 10/14/98 PO BOX 366787 BONITA SPRINGS,FL 34136 -0000 CRUZ, DIANA BARCELO 4623 ORCHARD LN NAPLES,FL 34112- -6619 DAREUS,RODNY DAREUS,DALMACY 4262 MOHAWK PL NAPLES,FL 34112 -6748 DELARIO TR, JOSEPH ANTHONY JOSEPH ANTHONY DELARIO TRUST UTD 5110/05 2208 DEER CREEK WAY DEERFIELD BEACH,FL 33442 -1326 DESHOMMES, LAMAR 4900 BISCAYNE DR APT 24 NAPLES,FL 34112 -6915 DOT /ST /EE,FL %DOU Ell 3900 COALTH BLVD TALLAH 32399- -0000 EAST NAPLES FI E & RESCUE DIST 5081 TAM MI L E NAPLES,FL s4113 —4128 G I / /k, I 'MvfG Xfm MFnw 3/13/2012 Item 9.A. 1 COMMERCIAL PROPERTIES SW INC 7995 MAHOGANY RUN LN NAPLES,FL 34113 - -0000 CORBIN, SARA =& PAUL E 230 SCOBEY RD NW MOUNT VERNON,IA 52314 -9512 CORTADA, RA DOLF ISASIO M. RC CO ADA 4577 BEEC WOOD LAKE DR NAPLES L 34112 -5263 CREWS, NEEDHAM E =& JULIE 66 CONSTITUTION DR NAPLES,FL 34112 -7355 CRUZ, LINO E 4115 THOMASSON LN NAPLES,FL 34112 -6759 DAVILA, JESUS A 4013 THOMASSON LN NAPLES,FL 34112 -6757 DERIVAL, JOSEPH A =& JULIENNE 3926 MINDI AVE NAPLES,FL 34112 -0000 DOEPKE TR, ROCHELLE DOEPKE REV TRUST UTD 8/10/07 8801 ZURIGO LN NAPLES,FL 34114 -0000 DRESHER, MARLENE Y 4729 ORCHARD LN NAPLES,FL 34112 -6621 EAST NAPLES IRE AND RESCUE CONTROL DI TRICT 5081 TAM 1 TRL E NAPLE ,FL 34113 -4128 Etiquettes faciles a peter I A chure afin de ; www.avery.com Sens c Packet Page -409-)rd Pop -UpTM I 1- 800 -GO -AVERY ' Utilisez le gabarit AVERY® 51600 i chargerr.... 1 IL tasy reel— Laoem Use Avery® Template 51600 EAST NAPLES F E AND RESCUE CONTROL DI RICT 5081 TAMIA I TRL E NAPLES, 34113- --4128 s DC lu awlly IIIIC lv ' Feed Paper expose Pop -Up EdgeTm ' EAST NAPLES FIRE CONTROL AND RESC DISTRICT 5081 TAM MI TRL E NAPLE FL 34113 -4128 Lb J6kVCMy- :)7bU- � EAST NAPLES FIRE CONTROL AND RES E 5081 TA IAMI TRL E NAPL FL 34113 -4128 EAST NAPLES F RE CONTROL & EAST NAPLES FIRE CONTROL AND EILERS, RAY RESCUE DIST CT RESCUE DIST ICT PJ NOE 5081 TAM I TRL E 5081 TAMIA I TRL E F, 1060 PURPLE MARTIN 68 NAPLE L 34113-4128 /v} NAPLES, 34113 - 4128 ` NAPLES,FL 34120 -4868 ELLEZOR ENGROBA, LUIS EUGENE, EDITH 826 MEADOWLAND DR APT H 2196 52ND TER SW 3825 ROSE AVE Q NAPLES,FL 34106 - --0000 NAPLES,FL 34116 -6240 NAPLES,FL 34112 -6758 E Q1 CV EXILHOMME, MEREST FACCONE TR, GEORGE FALCON, EDUARDO & ANGELA 8485 BAYSHORE DR GEORGE FACCONE LIV/TR 4110102 4304 ROSE AVE APT A C) NAPLES,FL 34112- -7329 FACCONE TR, RITA NAPLES,FL 34112 -1701 MRITA FACCONE LIV/TR 4110/02579 95TH AVE N r NAPLES,FL 34108 -2452 M FARO INTERNATIONAL GROUP LLC FEENEY, LISA FERREGOR, RUBEN 920 HONEYBEE DR 3616 POPLAR WAY 602 SENTINEL OAK LN NAPLES,FL 34120 -4806 NAPLES,FL 34112 -6636 CHARLOTTE,NC 28214 - -8200 FIFTH THIRD BANK FIFTH THIRD 13AK FILLMORE, JOHN GLENN CORPORATE FACILITIES CORPORAT ACILITIES I 3380 26TH AVE SE 1701 GOLF RD 1701 GOLF D NAPLES,FL 34117 -7846 MD: GRLMeE MD: GR BE ROLLING MEADOWS,IL 60008 -0000 ROLLI G MEADOWS,IL 60008 -0000 FIRST STATES INVESTORS HIPS LP FIRST STAT S INVESTORS HFS LP FISER, KARL B =& COLETTE PO BOX 167129 PO...' 129 615 WOODSIDE DR IRVING,TX 75016 -7129 IRVING, 75016 -0000 VERMILION,OH 44089 -2463 M. FISIKELLI, ALFRED FISIKELLI, A RED FLORES, J CRUZ =& LUCIA 16700 SW 68TH ST 16700 SW TH ST 4627 ORCHARD LN SW RANCHES,FL 33331 -- -0000 SW RAN ES,FL 33331 - -0000 NAPLES,FL 34112 - --6619 FLORIDA POWER & LIGHT COMPANY FOLEY, THOMAS =& MARGUERITE FRYZUK, DANIEL J =& BEVERLEY J PO BOX 14000 22 GOVERNOR'S RD 320 MILL ST S STE 912 JUNO BEACH,FL 33408 -0000 GROVELAND,MA 01834 -0000 BRAMPTON, ON CANADA, L6Y 3 -0000 FULLER TR, MICHAEL S FULLER TR, MICHAEL S GALE, JAMES D MICHAEL S FULLER REV TRUST MICHAEL S FULLER REV/TR PO BOX 99 ,14 UTD 9/13/07 UTD 9/13/2000 LOCUST HILL,VA 23092 -0099 50 MAHOGANY DR 50 MAHOGANY DR NAPLES,FL 34108 -2924 NAPLES,FL 34108 -2924 ttiquettes faciles h peter ; Repliez a la hachure afin de ; www.averycom Utilisez le gabarit AVERY® 51600 1 cha gement reveler le rebord Pop -UpTM �' 1- 800 -GO -AVERY i AL Bend among nneao i ne n�E+=csv�n e,cn�r Easy Peelw Labels ® Feed Paper °� expose Pop -Up EdgeiM i Use Avery@ Template 5160 3/13/2012 Item 9.A. GALINDO, FRA CISCO GALINDO, ROGELIO GALINDO, FRANCISCO 2167 43RD LN SW 2330 17TH ST SW 2330 17TH ST W NAPLES,FL 34117 -0000 NAPLES,F 34117 -0000 NAPLES,FL 34116 -0000 GARCIA, JOSE DOLORES GARCIA, MIGUEL GARCIA, JORGE 4016B ROSE AVE ANA L SERRATO - GARCIA 321014TH AVE NE NAPLES,FL 34120 -3503 NAPLES,FL 34112 -6776 4705 ORCHARD LN NAPLES,FL 34112 -6621 _. GAR_ZA, GUADELUPE C GEORGE MITCHELL INC GERHARDT, TIMOTHY F 4705 LOMBARDY LN 1440 MONARCH CIR NANNETTE M K GERHARDT NAPLES,FL 34116- -6689 1945 BAY ST NAPLES,FL 34112 -6659 NAPLES,FL 34112- - -6413 GESS, NELLIE M GEYER, HAYDEE S GEYER, HAY?!' E S 1331 SEVILLA AVE 1331 SEVIL AVE 4718 NORMANDY DR RAL BLES,FL 33134- -6334 NAPLES,FL 34112 -6752 CORAL GABLES,FL 33134 -6334 CO e GISE, GREG =& JOYCE GOFF, RALPH E =& PATRICIA A GORDON TR, THOMAS G 4102 MINDI AVE 2509 FOXY POISE RD THOMAS GORDON TRUST LOUISVILLE,KY 40220 -1032 UTD 05/23/96 NAPLES,FL 34112 -6740 4630 OUTER DR NAPLES,FL 34112 --6779 GRAY, JOSEPH M =& RITA M GUIDER, KLAUS A =& LAURA D GRANGER EST, ELIZABETH M 226 SHADOW WOOD CT OAK 4900 BISCAYNE DR APT 5 HICKORY LN FOREST,IL 60452 -2646 LOVELAND,OH 45140-9337 NAPLES,FL 34112 -6903 OAK GUTIERREZ, RAFAEL =& CANDIDA HALLACK, JOSEPH A GUTIERREZ JR, LADISLAO 7A SIGNS RD LADISLAO GUTIERREZ SR 2497 55TH ST SW NAPLES,FL 34116 -5554 STATEN ISLAND,NY 10314 -0000 2760 HOLLY AVE NAPLES,FL 34112-7300 HAMILTON HARBOR MARINA INC HAMILTON H BOR MARINA INC HAMILTON HAR OR MARINA INC 3003 TAMIAMI TRL N 3003 TAMI I TRL N 3003 TAMIAM RL N STE 400 NAPLES,FL 34103 -2714 NAPLES 34103 -2714 NAPLES,FL 34103 -2714 HAMMOCK COVE LLC HAMMOCK COVE LLC HAMILTON HR R MARINA INC % HOWARD MANOFF 3003 TAMI RL N STE 400 1436 GORMICAN LN NAPLES,FL 34110 -0000 2013 E IMPERIAL DR NAPLES ,F 34103 -2714 NAPLES,FL 34110 - --0000 HARDOW, ELMER M =& MARY V HART, GAIL HAPPY #4 FAMILY CORPORATION 62 SOU'WEST DR 270 NAPLES COVE DRIVE 85 SAINT ANDREWS BLVD APT 2058 NAPLES,FL 34113-7639 DENNIS,MA 02638 -0000 UNIT # 3504 NAPLES,FL 34110 -0000 t ichure afin de 'I www.avery com Etiquettes faciles a peter Sens (Packet Page - 411 -'c Po u TM 1- 800-GO -AVERY Utilisez le gabarit AVERY® 51600 chargeniem p Easy Peep Lapels Use AveryO Template 51606 HAUSIN, ROBERT J 4987 TAMIAMI TRL E NAPLES,FL 34113 -4131 HAYES, ARTHUR J =& VIRGINIA M 18607 COLONIAL CT ALLEN PARK,MI 48101 -1230 HERNANDEZ, FRANCISCO =& DAWN M 2449 KINGS LAKE BLVD NAPLES,FL 34112 -5406 HIGGINS, JOHN 550 10TH ST N NAPLES,FL 34102 - -5638 HOGAN, EDWARD F =& ELIZABETH 3120 PINE TREE DR NAPLES,FL 34112 -7330 HOOP, LEONARD M REBECCA LYNN HOOP 2807 HOLLY AVE NAPLES,FL 34112 - -7318 HOURAN, BRUCE G 226 TORREY PINES PT NAPLES,FL 34113 -7542 HOURAN, BRUCE G 4991 TAMIAMI TRL E NAPLES,FL 34113 -4131 AL tceno along une w i ' d Fee Paper expose Pop -Up EdgeTM 1 HAUSIN, ROBERT J 13 HAWK ST NAPLES,FL 34113 -4014 HENDERSON, MELINDA 4206 MINDI AVE NAPLES,FL 34112 -6788 HERITAGE NAPLES LLC C/O KENT COMPANIES INC 615 ROUTE 32 HIGHLAND MILLS,NY 10930 -5200 HERNANDEZ, GARL SANDRA HE ANDEZ 2831 HOL AVE NAPE$ L 34112 -7318 6�4 HERREN JR, NORMAN A =& JOAN B 1252 ILLINOIS DR NAPLES,FL 34103 -3851 HILL JR TR, ROBERT L =& JOAN ROBERT L HILL JR REV TRUST UTD 12/30/92 AMENDED 8/28198 1830 4TH ST S NAPLES,FL 34102 -7504 HOMEIER, ROBERT A =& LINDA K 4210 MIN DI AVE NAPLES,FL 34112 -6768 HORN JR, JOHN 3242 PINE TREE DR NAPLES,FL 34112 -7330 HOURAN, BRUCE G 4997 TAMIAMI TRL E NAPLES,FL 34113 -4131 HOUSTON, DAVID L 5790 NAPA WOODS WAY NAPLES,FL 34116 -3943 ttiquettes faciles A peter i A Repliez a la hachure afin de Utilisez le gabarit AVERY® 51600 cha Senscle gement r6veler le rebord Pop -Up'rm Li A%VbRytw 5160w i HAUSIN, ROBE J =& BETTY JO 4987 TAMIAM L E NAPLES,F 34113 -4131 AM HENNING, BRANDT MICHAELA REITERER 3011 70TH ST SW NAPLES,FL 34105 -7213 HERNANDEZ JR, JOSE ARMANDO 1045 MYAKKA DR N FT MYERS,FL 33917 -6938 HERNANDEZ,EDGARL HENRIKSSON, SCOTT SANDRA HERNANDEZ AYSEN ONDER Q 4730 NORMANDY DR 6 NAPLES,FL 34112- -6752 E (V HERNANDEZ, EDGAR L 'T-- SANDRA HERNANDEZ C:) 2831 HOLLY AVE CN NAPLES,FL 34112 -7318 r M HERNANDEZ, FRANCISCO =& DAWN M 2449 KINGS LAKE BLVD NAPLES,FL 34112 -5406 HIGGINS, JOHN 550 10TH ST N NAPLES,FL 34102 - -5638 HOGAN, EDWARD F =& ELIZABETH 3120 PINE TREE DR NAPLES,FL 34112 -7330 HOOP, LEONARD M REBECCA LYNN HOOP 2807 HOLLY AVE NAPLES,FL 34112 - -7318 HOURAN, BRUCE G 226 TORREY PINES PT NAPLES,FL 34113 -7542 HOURAN, BRUCE G 4991 TAMIAMI TRL E NAPLES,FL 34113 -4131 AL tceno along une w i ' d Fee Paper expose Pop -Up EdgeTM 1 HAUSIN, ROBERT J 13 HAWK ST NAPLES,FL 34113 -4014 HENDERSON, MELINDA 4206 MINDI AVE NAPLES,FL 34112 -6788 HERITAGE NAPLES LLC C/O KENT COMPANIES INC 615 ROUTE 32 HIGHLAND MILLS,NY 10930 -5200 HERNANDEZ, GARL SANDRA HE ANDEZ 2831 HOL AVE NAPE$ L 34112 -7318 6�4 HERREN JR, NORMAN A =& JOAN B 1252 ILLINOIS DR NAPLES,FL 34103 -3851 HILL JR TR, ROBERT L =& JOAN ROBERT L HILL JR REV TRUST UTD 12/30/92 AMENDED 8/28198 1830 4TH ST S NAPLES,FL 34102 -7504 HOMEIER, ROBERT A =& LINDA K 4210 MIN DI AVE NAPLES,FL 34112 -6768 HORN JR, JOHN 3242 PINE TREE DR NAPLES,FL 34112 -7330 HOURAN, BRUCE G 4997 TAMIAMI TRL E NAPLES,FL 34113 -4131 HOUSTON, DAVID L 5790 NAPA WOODS WAY NAPLES,FL 34116 -3943 ttiquettes faciles A peter i A Repliez a la hachure afin de Utilisez le gabarit AVERY® 51600 cha Senscle gement r6veler le rebord Pop -Up'rm Li A%VbRytw 5160w i HAUSIN, ROBE J =& BETTY JO 4987 TAMIAM L E NAPLES,F 34113 -4131 AM HENNING, BRANDT MICHAELA REITERER 3011 70TH ST SW NAPLES,FL 34105 -7213 HERNANDEZ JR, JOSE ARMANDO 1045 MYAKKA DR N FT MYERS,FL 33917 -6938 HERNANDEZ,EDGARL SANDRA HERNANDEZ 2831 HO Y AVE NAPL ,FL 34112 -7318 HETZNER, MARK S 6107 THRESHER DR NAPLES,FL 34112 -1905 HILL, DAVID J 3241 ANDREWS AVE NAPLES,FL 34112 -7303 HOOP, DARLENE MARIE 2641 HOLLY AVE NAPLES,FL 34112 - -7315 HORN, J D 3254 PINE TREE DR NAPLES,FL 34112 -7330 HOURAN ,BRU G 4997 TAMI L E NAPLES,F 34113 -4131 V� HOYT, BRIAN SCOTT 4900 BISCAYNE DR APT 4 NAPLES,FL 34112 -6903 www.averycom 1- 800 -GO -AVERY I I I 1 a esenaamong tine w lg&I a.i/%_zo%ry G,t Anvy i Easy Peel° La3e15 Use Avery® Template 5160® Feed Paper �'� expose Pop -Up EdgeTM 1 3/13/2012 Item 9.A. HUGHES, JAMES R =& SHEILA M HUNT, DEBBIE S HOYT, CHRISTINE L 67 CONSTITUTION DR NAPLES,FL 4900 BISCAYNE DR APT 20 487 NAPLES,FL IELD CIR 34104 -4721 NAPLES,FL 34112 -7309 NAPLES,FL 34112 -6915 HUVAERE, BEATRICE M INFANTES, GILBERTO HUTCHISON, PAULINE IYAMILES MIGOYA NAP 17131 FRANCES PLAZA APT 1 -H SANDPIPER ST NAPLES,FL 34102 -0530 2906 ANDREWS AVE OMAHA,NE 68130 -0000 NAPLES,FL 34112 - -7302 ISSE, ANTONIO M IZAGUIRRE, IGNACIO ISPHORDlNG, THOMAS BRICELDA SILVA - 3141 PINE TREE DR MARGARET ISPHORDING 4102 ROSE AVE 3643 POPLAR WAY NAPLES,FL 34112 -7356 NAPLES,FL 34112 - -1700 NAPLES,FL 34112 -6635 JACKSON, MELVIN C JACKSON, M IN C JACKSON TR, LORRY 200 TURT CT RD #203 LORRY JACKSON REV TRUST 200 TURTLE COURT RD # 203 UTD 1131/08 NAPLES,FL 34105 -0000 NAPLE L 34105 -0000 8765 HIDEAWAY HARBOR CT NAPLES,FL 34120 --4327 JARAMILLO, AMODOR =& ANTONIA JEAN, ANDRE JACOB, JOSE A =& LIDIA WILLIA ATTILIS 4005 THOMASSON LN 4628 ORCHARD LN NAPLES,FL 34112 -6620 2939 ANDREWS AVE NAPLES,FL 34112 -6757 NAPLES,FL 34112 -7301 JIMENEZ III, RAFAEL JONES, BRIAN E ,EAN, VILMOND =& WISTHA 2121 HERITAGE TRL 8085 BAYSHORE DR 3070 POLLY AVE NAPLES,FL 34112 -7384 NAPLES,FL 34112 -0000 NAPLES,FL 34112 -3651 JOSEPH, DANIEL JULES =& JUNIE A JOST, MARIA K JONES, EUGENE B =& CASTULA LUZ CLARA FINGAR 1336 S LONGWOOD AVE 4316 MIND[ AVE NAPLES,FL 34116 -0000 2918 ANDREWS AVE LOS ANGELES,CA 90019 — , 2956 NAPLES,FL 34112 -7302 KERIN, CHARLOTTE KERN, DOROTHY A KITCHEN EST, BEVERLY J 3265 ANDREWS AVE 75 SAINT ANDREWS BLVD APT 104 95 SAINT ANDREWS BLVD APT 111 NAPLES,FL 34112 -7303 NAPLES,FL 34113 -7602 NAPLES,FL 34113 -7637 KLINGLER TR, MARY JEAN KOOPS, EARL C =& CHARLOTTE J KRCHNAVI, JOSEPH =& BARBARA A ARY JEAN KLINGLER REV TRUST 1250 TAMIAMI TRL N STE 101 4710 OUTER DR UTD 11/26/96 NAPLES,FL 34102 -5267 NAPLES,FL 34112 -6714 25 UTOPIA RD ASHEVILLE,NC 28605 -1018 Etiquettes faciles a peter ; ® -hure afin de ; www.avery.com Sens d, packet Page - 413 -,rd Pop -Up *"' �' 1- 800 -GO -AVERY Utilisez le gabarit AVERY® 51600 chargemt... KANELOPOULOS SR, GEORGE J KENNEDY, SHARON KALINE, ANNA KANELOPOULOS JR, GEORGE J TODD J HARLEMAN JEROME C KALINE 8930 BALD EAGLE DR 1445 TIFFANY LN M BLAINE,WA 98230 -9331 NAPLES,FL 34105 --4834 3RD CT 16745 SW 83RD CT 16745 S PALMETTO BAY,FL 33157 - -0000 KERIN, CHARLOTTE KERN, DOROTHY A KITCHEN EST, BEVERLY J 3265 ANDREWS AVE 75 SAINT ANDREWS BLVD APT 104 95 SAINT ANDREWS BLVD APT 111 NAPLES,FL 34112 -7303 NAPLES,FL 34113 -7602 NAPLES,FL 34113 -7637 KLINGLER TR, MARY JEAN KOOPS, EARL C =& CHARLOTTE J KRCHNAVI, JOSEPH =& BARBARA A ARY JEAN KLINGLER REV TRUST 1250 TAMIAMI TRL N STE 101 4710 OUTER DR UTD 11/26/96 NAPLES,FL 34102 -5267 NAPLES,FL 34112 -6714 25 UTOPIA RD ASHEVILLE,NC 28605 -1018 Etiquettes faciles a peter ; ® -hure afin de ; www.avery.com Sens d, packet Page - 413 -,rd Pop -Up *"' �' 1- 800 -GO -AVERY Utilisez le gabarit AVERY® 51600 chargemt... Easy reel- LaDels i AL Deno mong nne au Use Avery® Template 51600 1 Feed Paper expose Pop -Up EdgeTM j AR CKY U' 51601w i KUJBIDA, JOHN C LAMPHIER, NICOLE LANGE, TRACY L =& ELIZABETH T 4628 NORMANDY DR NATHAN LAMPHIER 61 COLONIAL DR NAPLES,FL 34112 -6790 4204 MINDI AVE NAPLES,FL 34112 - -7317 NAPLES,FL 34112- -6788 LAURISTON, ROGER =& ELCIE LEE, JILL R LEE, MAUREEN M 976 SW 102ND TER 4900 BISCAYNE DR APT 8 3618 POPLAR WAY PEMBROKE PINES,FL 33025 -5571 NAPLES,FL 34112 -6902 NAPLES,FL 34112 -6636 MARLU LLC MARQUEZ, AGNIEL =& SUSAN MARTINEZ, PASCUAL =& MARY LOU 485 20TH AVE NW 4106 ROSE AVE 3735 THOMASSON DR NAPLES,FL 34120 -2378 NAPLES,FL 34112 -1700 NAPLES,FL 34112 -6651 MATTA, GEORGE MC CORDY, HELEN J MC ENDREE, MICHAEL L =& TAMMY S 4201 ROSEAVE 455 SUNNEHANNA DR UNIT 573 6025 EVERETT ST NAPLES,FL 34112 - --6774 MYRTLE BEACH,SC 29588 -0000 NAPLES,FL 34112 -2939 ttiquettes faciles a peler Repliez a la hachure afin cle ; www.avery.com Utiiisez le gabarit AVERY® 51604D �' cha Sens de gement reveler le rebord Pop -Uprm 1- 800 -GO -AVERY 1 LEFTLY, BRIAN T =& JEANNETTE LELY SQUARE PARTNERSHIP LELY SQUARE P RTNERSHIP Q 75 SAINT ANDREWS BLVD APT 204 NAPLES,FL %THE WEINER COINC % THE WEINE CO INC CA 34113 -7619 1642 MEDICAL LN STE B FORT MYERS,FL 33907 -1132 1642 MEDIC LN STE B ,� �!� FORT MY S,FL 33907 -0000 I" t E 6t) CV LENNYS FURN WAREHOUSE INC LEVERENZ, MELVIN E =& MARILYN E LEVESQUE, RICHARD =& VICTORIA T— 0 15485 S TAMIAMI TRL 85 SAINT ANDREWS BLVD APT 106 1702 HIGHVIEW ST CV FORT MYERS,FL 33908 --4230 NAPLES,FL 34113- -7639 DE PERE,WI 54115 -3320 M r M LEVY, NAN LIBERIO INC LICARE, RICHARD L BERMAN, MARK 635 VIA MEZNER VAJEANA LICARE BERMAN, MICHAEL NAPLES,FL 34108- -6584 3129 WOODSIDE AVE 73 CONSTITUTION DR NAPLES,FL 34112 -7333 NAPLES,FL 34112 -7309 LITOW, PHIL LONG, BARBARA H LOPEZ, FRANCISCO LEIGH BREEDEN PO BOX 8944 4409 ROSE AVE 1970 DANFORD ST NAPLES,FL 34101 -- -8944 NAPLES,FL 34112 -6775 NAPLES,FL 34112 -6463 LOZANO, MARIA E MAC CLUGAGE, SANDRA L MACDONALD, JEFFREY S 4 N 266TH 7TH AVE 406 LAGOON AVE BARBARA J MACDONALD ADDISON,IL 60101 -0000 NAPLES,FL 34108 -2319 2580 HOLLY AVE NAPLES,FL 34112-7316 MAHONEY, MICHAEL R MAHONEY, MICHAEL R =& SANDRA MARKS, VESTA U =& JOSEPHINE J 47 CONSTITUTION DR 47 CONSTITUTION DR 54 REPUBLIC DR NAPLES,FL 34112 -7309 NAPLES,FL 34112 -7309 NAPLES,FL 34112 - -7328 MARLU LLC MARQUEZ, AGNIEL =& SUSAN MARTINEZ, PASCUAL =& MARY LOU 485 20TH AVE NW 4106 ROSE AVE 3735 THOMASSON DR NAPLES,FL 34120 -2378 NAPLES,FL 34112 -1700 NAPLES,FL 34112 -6651 MATTA, GEORGE MC CORDY, HELEN J MC ENDREE, MICHAEL L =& TAMMY S 4201 ROSEAVE 455 SUNNEHANNA DR UNIT 573 6025 EVERETT ST NAPLES,FL 34112 - --6774 MYRTLE BEACH,SC 29588 -0000 NAPLES,FL 34112 -2939 ttiquettes faciles a peler Repliez a la hachure afin cle ; www.avery.com Utiiisez le gabarit AVERY® 51604D �' cha Sens de gement reveler le rebord Pop -Uprm 1- 800 -GO -AVERY 1 Easy Peellw Labels i ` pone along w i Use Avery® Template 51600 Feed Paper '�"E expose Pop -Up Ed EdgeT"" 3/13/2012 Item 9.A. MC GOVERN, TERRY LEE MCDONALD, RODERICK H =& TANIA MC GONAGLE, WILLIAM J 2927 ANDREWS AVE 4900 BISCAYNE DR APT 7 NAP ES,FL 41 AVE NAPLES,FL 34112 --6902 NAPLES,FL 34112 -7341 NAPLES,FL 34112 - -7301 MEDINA, CRUZ MEDLEY TR, TIMOTHY R MCMAHON ETAL, DONALD L TIMOTHY R MEDLEY REV TRUST 19495 NELSON RD 4402 ROSE AVE NAPLES,FL 34112 -6778 UTD 12123199 SAINT CHARLES,MI 48655 - -8750 PO BOX 4815 LAFAYETTE,IN 47903 --4815 MEDLEY, TIM R MEINCKE, GAIL J MEDLEY, TIM R 85 CONSTITUTION DR PO BOX 4815 TIMOTHY R MEDLEY JR NAPLES,FL 34112 -7309 PO BOX 4815 LAFAYETTE,IN 47903 — 4815 LAFAYETTE,IN 47903 -4815 MENDES, ANTONE C MENENDEZ, FRANCISCO A =& ALICIA MELLINGER, LISA J 4016 MINDI AVE 74 COLONIAL DR 2256 TAMIAMI TRL E NAPLES,FL 34112 -7308 NAPLES,FL 34112 --4706 NAPLES,FL 34112 -6738 MICHAEL A MCGEE LNDSCP ARCHT MILBRY, CLARA cTELLUS, JOCELYNE 5643 SAILFISH DR APT A 3699 POPLAR WAY PO BOX 6052 NAPLES,FL 34101 -8052 LUTZ,FL. 33558 -5980 NAPLES,FL 34112 -6635 MILLER, DEWAYNE D =& LISA M MILLER, JON W MILLAR, NANCY ANN 7778 SAVANNAH CT 4004 ROSE AVE 75 SAINT ANDREWS BLVD APT 101 NAPLES,FL 34113 -7601 NAPLES,FL 34104 -6413 NAPLES,FL 34112 -6776 MILLER, RACHAEL MINZEY, KATHY MILLER, JO 4810 BISCAYNE OR 7778 SAV NNAH CT 362 BURNT PINE DR NAPL ,FL 34104 - --6413 n � NAPLES,FL 34119- -9773 NAPLES,FL 34112 -6923 4 \4Y MOLONEY, GRACE MOORE, ANNA M MOISE, SAINT LOUIS 4725 NORMANDY DR 4415 THOMASSON LN NAP ES,FL EW LN NAPLES,FL 34112 -6755 NAPLES,FL 34103 - -0000 NAPLES,FL 34112- -6753 MOREAU, PATRICIA MOREHEAD, ARTHUR W MORALES, RAUL DIAZ 2965 WOODSIDE AVE ISIA RAMOS 2917 WOODSIDE AVE NAPLES,FL 34112 - -7331 NAPLES,FL 34112 -7331 j03 ROSE AVE NAPLES,FL 34112 -6773 Etiquettes faciles a eler ; ® Ichure afin de 'I vv i P , Sens c Packet Page - 415 - 'DLd Pop-Up" 1- 800 -GO -AVERY � Utilisez le gabarit AVERY 5160® chargenlc-IL MEISNER, WILLIAM J MEJIA, CINDY MEISNER, ROBERT B 4900 BISCAYNE DR APT 13 PETER D LAIRD ROBERT B MEISNER NAPLES,FL 34112 -6914 125 ORENDA ROAD JAMES A MEISNER RR 1LIMEHOUSE, ON BRAMPTON, ON CANADA, LOP 1 -0000 CANADA, L6W 1--0000 MENDES, ANTONE C MENENDEZ, FRANCISCO A =& ALICIA MELLINGER, LISA J 4016 MINDI AVE 74 COLONIAL DR 2256 TAMIAMI TRL E NAPLES,FL 34112 -7308 NAPLES,FL 34112 --4706 NAPLES,FL 34112 -6738 MICHAEL A MCGEE LNDSCP ARCHT MILBRY, CLARA cTELLUS, JOCELYNE 5643 SAILFISH DR APT A 3699 POPLAR WAY PO BOX 6052 NAPLES,FL 34101 -8052 LUTZ,FL. 33558 -5980 NAPLES,FL 34112 -6635 MILLER, DEWAYNE D =& LISA M MILLER, JON W MILLAR, NANCY ANN 7778 SAVANNAH CT 4004 ROSE AVE 75 SAINT ANDREWS BLVD APT 101 NAPLES,FL 34113 -7601 NAPLES,FL 34104 -6413 NAPLES,FL 34112 -6776 MILLER, RACHAEL MINZEY, KATHY MILLER, JO 4810 BISCAYNE OR 7778 SAV NNAH CT 362 BURNT PINE DR NAPL ,FL 34104 - --6413 n � NAPLES,FL 34119- -9773 NAPLES,FL 34112 -6923 4 \4Y MOLONEY, GRACE MOORE, ANNA M MOISE, SAINT LOUIS 4725 NORMANDY DR 4415 THOMASSON LN NAP ES,FL EW LN NAPLES,FL 34112 -6755 NAPLES,FL 34103 - -0000 NAPLES,FL 34112- -6753 MOREAU, PATRICIA MOREHEAD, ARTHUR W MORALES, RAUL DIAZ 2965 WOODSIDE AVE ISIA RAMOS 2917 WOODSIDE AVE NAPLES,FL 34112 - -7331 NAPLES,FL 34112 -7331 j03 ROSE AVE NAPLES,FL 34112 -6773 Etiquettes faciles a eler ; ® Ichure afin de 'I vv i P , Sens c Packet Page - 415 - 'DLd Pop-Up" 1- 800 -GO -AVERY � Utilisez le gabarit AVERY 5160® chargenlc-IL NOE, EILEEN H Easy Peelmy Labels Use Avery® Template 51600 4 bend aeon ne io Feed Paper �� expose Pop-Up EdgeTM U AVERYU 51601"' p PO BOX 357 1060 PURPLE MARTIN DR 1060 PURP MARTIN DR 1 GREENVILLE,AL 36037 -0357 MORELLO PROPERTIES LLC MORRIS, JOSEPH T MUNOZ, BEATRIZA NOREUS, JOSUE =& GLARICIA 252 PEBBLE BEACH CIR APT C101 125 DEBRON DR PO BOX 191645 3610 POPLAR WAY NAPLES,FL 34113 -7676 NAPLES,FL 34112-5256 MIAMI BEACH,FL 33119 - -1645 NAPLES,FL 34112 -6636 MYERS, GREGORY MYRUSKI, BETTY JANE NAPLES BOTANI L GARDEN INC 3930 MIND AVE 3206 PINE TREE DR 4820 BAYSHO E DR STE D NAPLES,FL 34112 -6738 NAPLES,FL 34112 - -7330 NAPLES,F 34112 -0000 G NAPLES FREE -NET INC NAPLES RESEARCH COUNSELING NAPLES SOUTH REALTY ASSN LLC Q 5035 TAMIAMI TRL E NAPLES,FL CENTER INC 324 DATURA ST STE 102 34113 -4127 9001 TAMIAMI TRL E WEST PALM BCH,FL 33401 -5415 6 NAPLES,FL 34113-3304 E Qi (V NASSIF GOLF VENTURES LLC NEAPOLITAN ENTERPRISES LLC NEAPOLITAN E ERPRISES LLC T'- 9130 GALLERIA CT STE 316 255 13TH AVE S STE 202 255 13TH AVE S. TE 202 NNAPLES,FL 34109 -4418 NAPLES,FL 34102 -0000 NAPLES,FL 102 --0000 M r M NEAPOLIT/RISES LLC NEDBALSKI, PAMELA S NELSON TR, ROBERTA 255 13TH 02 3260 WOODSIDE AVE ROBERT A NELSON REV TRUST NAPLES,F000 NAPLES,FL 34112 -0000 UTD 5/3/88 5 HIGH POINT CIR W APT 105 NAPLES,FL 34103 -4254 NELSON, TIMOTHY S NICHOLS, JAMES E =& NANCY E NICHOLS, TERRY =& BONNIE 2621 TARPON RD PO BOX 546 1415 DOUGLAS TER NAPLES,FL 34102 -1558 ALFORD,FL 32420 -0546 DIXON,IL 61021 -1729 NOE, EILEEN H NOE, P J NOE, PATSY J PO BOX 357 1060 PURPLE MARTIN DR 1060 PURP MARTIN DR GREENVILLE,AL 36037 -0357 NAPLES,FL 34120 -4868 NAPLES,F 34120 -4868 NOREUS, JOSUE =& GLARICIA NORWOOD NAPLES LANDCO INC NUNEZ, REMIGIO 3610 POPLAR WAY 250 S NORTHWEST HWY STE 300 4255 ROSE AVE NAPLES,FL 34112 -6636 PARK RIDGE,IL 60068 -0000 NAPLES,FL 34112 -6774 OAKLEY, THOMAS D =& SUSAN W OAKLEY, THO S D =& SUSAN W OASIS OF NAPLES INC 8080 BAYSHORE DR 8080 BAYSH E DR % RICHARD A GORGA CPA NAPLES,FL 34112 -7351 NAPLES,F 34112- 0000 3435 10TH ST N STE 301 NAPLES,FL 34103 -3815 OASIS OF NAPLE INC OASIS OF NAPLES NC OASIS RICHARD GORGE % RICHARD A GIN CPA % RICHARD A RGE 3435 10TH ST STE 301 3435 10TH ST STE 301 3435 10TH S STE 301 NAPLES, FL 103 - -3815 NAPLES,F 34103 -3815 NAPLES,F 34103 -3815 L Etiquettes faciles a peter Sens de Repliez a la hachure afin de ; www.averycom Utilisez le gabarit AVERY® 51600 chargement reveler le rebord Pop -UpTM 1- 800-GO -AVERY E w s Bend along line co ( nti ( AELG97M(R) C1Gfl(R Easy Peelw Labels ' 1 Use Avery® Template 51600 � feed Paper ® expose Pop -Up Edge" � 3/13/2012 Item 9.A. OROSIO, JOSE A OTERO, MARIA M OLMEDO, NOE =& MARIA A 4605 ALLADIN LN 2266 51 ST TER SW 2569 HOLLY AVE NAPLES,FL 34116 -6926 NAPLES,FL 34112 -- -7315 NAPLES,FL 34112 -6606 PAGE, GARY LEE PALMOWSKI, CATHERINE M OWENS, MARK VANCE 4627 NORMANDY DR 2650 HOLLY AVE 1228 DIANA AVE NAPLES,FL 34112 -7316 NAPLES,FL 34103 --4567 NAPLES,FL 34112 - 6751 PENA, CARIDAD PENA, CARIDAD _P_ANTOJA, MANUEL =& EULALIA PENA, MARIA E 4220 ROSE AVE MARIA E PENA 5TH AVE SW 4421 THOMASSON LN 3641 NAPLES,FL 34112- -6777 3641 5T ,FL 34117 -4109 NAPLES,FL 34112 -6765 PEREIRO,EDUARDO PEREZ, OSCAR PENTZ, CAROL L LUISA PEREIRO PENA, ILIANA PENTZ, DUANE =& MYRTLE ELIZABETH I ROSS 4002 ROSE AVE 3023 ANDREWS AVE ELIZABETH BETH PI OS E NAPLES,FL 34112 --6776 NAPLES,FL 34112 -7301 NAPLES,FL 34113 -4128 PETERS, JOHN J PFEIFER, PETER PERRY TR, CHERYL L 64 CULMORE ROAD HEIDI PFEIFER JAMES M RICE REV TRUST EST PALMERSTOWN 455 13TH AVE S UTD 4/12/00 NAPLES,FL 34102 -0000 2869 HATTERAS WAY IRELAND, —0000 NAPLES,FL 34119 -7525 PIERCE TR, PHILLIP =& AUDREY G PIERCE, ELIZABETH A PFEI/L34102-0000 LAURA ALTARATZ HEID PIERCE FAMILY TRUST 343 DOVER PL APT 204 455 UTD 6/7107 L 2932 WOODSIDE AVE NAPLES,FL 34104 -0000 NAP NAPLES,FL 34112 -7332 PIERCE, PHILUP C =& DEBRA S PIERCE, PHILLIP= 'DEBRA S PIERCE, PHILLIP C =& DEBRA S 3144 PINE EE DR 3144 PINE TR DR . 1 3144 PINE TREE DR NAPLES,FL 4112 -0000 r)JNI' NAPLES,FL 34112 -0000 NAPLES L 34112 -7330 ,K I I/VV ijj r PITT, GREG C POLLY, LUCILLE B PIKE, SHELLY F 4720 CATALINA DR 4110 MINDI AVE 10719 S ALBANY AVE CHICAGO,IL 60655 -2115 NAPLES,FL 34112 -6929 NAPLES,FL 34112- -6740 POZO, RAIMUNDO R =& RAMONA Z POZO, RAIMUN R =& ROMONA Z POUL, ROMAN 4433 LAI D BLVD 41 MOORE AVE 4433 LAKEWOOD BLVD MERRITT ISLAND,FL 32952 -4972 NAPLES,FL 34112 -6123 NAPLES,F 34112 -6123 0 PRICE, FRED E PRU HAMMOCK COVE LLC PRICE, FRED C/O PRUDENTIAL REAL EST INVEST 1008 MINDI AVE 4012 MINDI AVE NAPLES,FL 34112 -6738 2 RAVINIA DR STE 400 NAPLES,FL 34112- --6738 ATLANTA,GA 30346 -2104 i A lachure afin de i vuww.avery.com ttiquettes faciles a peler Sens Packet Page - 417 - 3ord Po -UpTM I 1- 800 -GO -AVERY Utilisez le gabarit AVERY® 51600 chargemen-c P Easy Peep' Labels Use Avery® Template 51600 PRUITT, LARRY LEE =& CLARE P 59 CONSTITUTION DR NAPLES,FL 34112 - -7309 QUINTANILLA SR, ABELARDO PO BOX 8295 NAPLES,FL 34101 -0000 R & D ITALIA �I/LSE LLC 14802 BELLEQ NAPLES,FL 110 -2752 6 J1, E a) *-. RAHAL ET AL, BRYAN C 4590 59TH DR VERO BEACH,FL 32967 -0000 RAY, LARRY 103 ELD RIDGE RD MORGANTON,GA 30560 -5637 REFERENC NLY CYPRES ATE A CONDOMINIUM —ao REFERENC NLY - -0000 REINHARD BRODRICK, ELEANOR 3343 BINNACLE DR NAPLES,FL 34103 --4167 REYNOLDS, MARY E_& HAROLD A 1452 SLATERVILLE RD ITHACA,NY 14650 -6263 ttiquettes fadles a peter Utilisez le gabarit AVERY® 51600 A Bend along line to Feed Paper ® expose Pop-Up EdgeTM PT'S SUNNY PARADISE LLC 2621 TARPON RD NAPLES,FL 34102 -1558 QUIROZ, ANA 4213 THOMASSON LN NAPLES,FL 34112 -0000 U AVERY0 51601x' ; A PUSCAS, DANIEL 4104 MINDI AVE NAPLES,FL 34112 -6740 R & D ITALIA VILLAS LLC 14802 BELLEZZA LN NAPLES,FL 34110 -0000 R & D ITALIA V tL S LLC R &D ITALIA VI ALAS LLC 14802 BELL LN 14802 EL LN NAPLES,F 34110 -0000 (I { NAPLES 34110 -0000 C�t R &D ITALIA LAS LLC R &D ITALIA VI)dAS LLC 14802 BE EZZA LN A 14802 BEL LN NAPLE,eFL 34110 -0000 L NAPLES L 34110 -2752 RAHAL ET AL, ROBERT F RAINBOLT TR, GOLDA AGNETE 6010 45TH PL RAINBOLT REV TRUST VERO BEACH,FL 32967 -0000 UTD 10/17/07 7123 MARCONI CT NAPLES,FL 34114 -2652 REBENGA,RAUL REFERENC NLY 1751 W 38TH PL STE 1004A NOW SE AR 4 IN SEC 24 TWP 50 HIALEAH,FL 33012 -7021 RNG 2 00 REFERENC ONLY REFERENC ONLY BISCAY APARTMENTS VILLAGE LLS AT NAPLES, THE A CO OMINIUM A CON MINIUM 000 -- 00 REGIONS BANK REINBERGS, MARCILLE 4851 TAMIAMI TRL N 3153 PINE TREE DR NAPLES,FL 34103 -0000 NAPLES,FL 34112 - --7356 RENEUS, JULIE RESCH, NICHOLAS 3625 POPLAR WAY 75 COLONIAL DR NAPLES,FL 34112 -6635 NAPLES,FL 34112- -7317 RICH, BARBARA RICHARDSON, ALLEN F 95 SAINT ANDREWS BLVD 5039 TAMIAMI TRL E NAPLES,FL 34113- -7694 NAPLES,FL 34113 - --4127 A Repliez a la hachure afin de i www.avery.com Se r6veler le rebord Po U TM I j char ge de ement P- P � 1- 800 -GO -AVERY N R &D ITALIA VI S LLC 14802 BELL LN O NAPLES,F,L 34110- -2752 yam, cy) // IN M RAHAL ET AL, BRYAN C 4590 59TH DR VERO BEACH,FL 32967 -0000 RAY, LARRY 103 ELD RIDGE RD MORGANTON,GA 30560 -5637 REFERENC NLY CYPRES ATE A CONDOMINIUM —ao REFERENC NLY - -0000 REINHARD BRODRICK, ELEANOR 3343 BINNACLE DR NAPLES,FL 34103 --4167 REYNOLDS, MARY E_& HAROLD A 1452 SLATERVILLE RD ITHACA,NY 14650 -6263 ttiquettes fadles a peter Utilisez le gabarit AVERY® 51600 A Bend along line to Feed Paper ® expose Pop-Up EdgeTM PT'S SUNNY PARADISE LLC 2621 TARPON RD NAPLES,FL 34102 -1558 QUIROZ, ANA 4213 THOMASSON LN NAPLES,FL 34112 -0000 U AVERY0 51601x' ; A PUSCAS, DANIEL 4104 MINDI AVE NAPLES,FL 34112 -6740 R & D ITALIA VILLAS LLC 14802 BELLEZZA LN NAPLES,FL 34110 -0000 R & D ITALIA V tL S LLC R &D ITALIA VI ALAS LLC 14802 BELL LN 14802 EL LN NAPLES,F 34110 -0000 (I { NAPLES 34110 -0000 C�t R &D ITALIA LAS LLC R &D ITALIA VI)dAS LLC 14802 BE EZZA LN A 14802 BEL LN NAPLE,eFL 34110 -0000 L NAPLES L 34110 -2752 RAHAL ET AL, ROBERT F RAINBOLT TR, GOLDA AGNETE 6010 45TH PL RAINBOLT REV TRUST VERO BEACH,FL 32967 -0000 UTD 10/17/07 7123 MARCONI CT NAPLES,FL 34114 -2652 REBENGA,RAUL REFERENC NLY 1751 W 38TH PL STE 1004A NOW SE AR 4 IN SEC 24 TWP 50 HIALEAH,FL 33012 -7021 RNG 2 00 REFERENC ONLY REFERENC ONLY BISCAY APARTMENTS VILLAGE LLS AT NAPLES, THE A CO OMINIUM A CON MINIUM 000 -- 00 REGIONS BANK REINBERGS, MARCILLE 4851 TAMIAMI TRL N 3153 PINE TREE DR NAPLES,FL 34103 -0000 NAPLES,FL 34112 - --7356 RENEUS, JULIE RESCH, NICHOLAS 3625 POPLAR WAY 75 COLONIAL DR NAPLES,FL 34112 -6635 NAPLES,FL 34112- -7317 RICH, BARBARA RICHARDSON, ALLEN F 95 SAINT ANDREWS BLVD 5039 TAMIAMI TRL E NAPLES,FL 34113- -7694 NAPLES,FL 34113 - --4127 A Repliez a la hachure afin de i www.avery.com Se r6veler le rebord Po U TM I j char ge de ement P- P � 1- 800 -GO -AVERY Bend along line to Easy PeelQ9 labels ® Feed Paper "o— expose Pop -Up Edger"' Use Avery' Template 5160 RICHARDSON, LEN F 5039 TAMIAM RL E NAPLES,F 34113 -4127 RICHARDSON ALLEN F I 5039 TAMIA I TRL E a !1� NAPLES,F 34113 -4127 RICHARDSON, ALLEN F =& JORI W 5039 TAMIAMI TRL E NAPLES,FL 34113 --4127 RICHARDSON LLEN F =& JORI W 5039 TAMIA TRL E NAPLES,F 34113 -4127 ROBERTS, NANCY A ROBERTS, NAN A 2317 ELIZABETH CT NAPLES,FL 34112 - -5418 2317 ELIZAB CT NAPLES,F 34112 -5418 ROBINSON, HAROLD A =& BARBARA A RODRIGUEZ, EDUARDO 2605 HOLLY AVE 4718 ALLADIN LN NAPLES,FL 34112 -7315 NAPLES,FL 34112 -6607 RONALD, SHEILA ROSE AVENUE LLC 88 TAHITI RD 3105 LAKEVIEW DR MARCO ISLAND,FL 34145 -4033 NAPLES,FL 34112 -5821 RUST, JOHN =& MAUREEN J SACCHETTA TR, MARY 91 CONSTITUTION DR ITF MARY SACCHETTA REV TRUST NAPLES,FL 34112 -7309 UTD 8111/98 6581 LIVINGSTON WOODS LN NAPLES,FL 34109 -3829 SAGE, BARBARA A SAINT LOUIS, JOSEPH =& MANYA 3515 THOMASSON DR 8255 BAYSHORE DR NAPLES,FL 34112 -6649 NAPLES,FL 34112 - -7319 SALAZAR, LIBORIO =& MAGDALENA SALDANA, DAGOBERTO =& MARIA S 4929 DEVON CIR 1028 CLARIDGE NURSERY RD NAPLES,FL 34112 -6938 GOLDSBORO,NC 27530- -7971 SANCHEZ, ALEBI SANCHEZ, JOSE LUIS LOYOLA 2751 HOLLY AVE 2831 STORTER AVE NAPLES,FL 34112-7318 NAPLES,FL 34112 -6309 "ANDERS, LEROY =& MARY ANNE SANFORD, MICHAEL K 416 LAKEWOOD BLVD 2045 DANFORD ST NAPLES,FL 34112 -6124 NAPLES,FL 34112 -6464 Ichure afin de i Etiquettes faciles a peler Sens c Packet Pag e v- 419_p� Pop -Up *M Utilisez le gabarit AVERY® 51608 chargement I M, I A %,FM_"%Pf) r4 enQii ; 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L RICHARDSON/At LEN F 5039 TAMIA TRL E (� NAPLES,F 34113 - --4127 RICHARDSON, A)tLEN F =& JORI W 5039 TAMIAMI YRL E t {� NAPLES,FL 4113 --4127 ROBERTS, NANCY A =& DAVID W 2317 ELIZABETH CT NAPLES,FL 34112 -5418 RODRIGUEZ, EDUARDO=& MARIA L 3600 POPLAR WAY NAPLES,FL 34112 -6636 ROSS, SALLY A 67 COLONIAL DR NAPLES,FL 34112 -7317 SACCHETTA TR RY ITF MARY SA HETTA REV TRUST UTD 8V a 6581 LIVI STON WOODS LN NAPLES L 34109 -3829 SALAZAR, LIBORIO 4929 DEVON CIR NAPLES,FL 34112 -6938 SAMADNEJAD TR, DAVID 3575 THOMASSON DR LAND TRUST UTD 4/15/09 1831 HURRICANE HARBOR LN NAPLES,FL 34102 -5100 SANCHEZ, MAGBYS REINALDO MARTINEZ 4000 MINDI AVE NAPLES,FL 34112 -6738 SANTOS, RAFAEL C 3705 THOMASSON DR NAPLES,FL 34112 -6628 www.averycom 1- 800-GO -AVERY 1 Easy Peel`w Labels i A tsena awn ne to Use Avery® Template 51600 Feed Paper �� expose Pop-Up EdgeTM i U RV 1=_R P1' 51601w SARABASA JR, ALBERTO SAUNDERS, HUBERT J =& BETTY L SAUNDERS, HUBERT J =& BETTY L KATHY SARABASA 2286 ANCHORAGE LN APT C 5025 TAMIAMI TRL E 923 MILLS ESTATE PL NAPLES,FL 34104- -1204 NAPLES,FL 34113 --4126 CHULUOTA,FL 32766 —OODO SAUNDERS, HU RT J =& BETTY L SCHLUP, RICHARD K SCHLUP, RICHA D K 5025 TAMIANI RL E n/1 160 TURTLE LAKE CT APT 107 160 TURTLE VAE CT APT 107 NAPLES,FL 34113- -4126 NAPLES,FL 34105 -0000 NAPLES,F 34105 -0000 SCHMIDT, RETA MAE SCHOOL DISTRICT -AVE SCHOOL DISTRICT -JJ 845 S 16TH CT AVALON ELEMENTARY % SUPERINTENDENT Q STURGEONBAY,WI 54235 -1544 %SUPERINTENDENT 5775 OSCEOLA TRL 0') 5775 OSCEOLA TRL NAPLES,FL 34109 - -0000 E NAPLES,FL 34109 -0919 N SCIORTINO, LOUIS T =& MARY C SCIRE, CHARLES P =& MARCY L SCIRE, CHARL P =& MARCY L STEFAAN BULTINCK 2353 PINEWOODS CIR 4861 BERKELEY DRIVE NAPLES,FL 34105- -2539 2353 P1NEW 10 CIR N NAPLES,F 34105 - 2539 M NAPLES,FL 34112 -- -3735 1 t1 co SENTOVICH, MITCHELL T SERNA, JUAN CARLOS SHAPIRO TR, MARC L 5554 DOGWOOD WAY 4900 BISCAYNE BLVD #12 CAPTAINS COVE TRUST NAPLES,FL 34116 -4904 NAPLES,FL 34112 -6902 4605 DOMINION DR NAPLES,FL 34112 -6611 , SHP III HERON NAPLES LLC SIMMONS TR, ROBERT L SMITH, VERA M 3756 LAVISTA RD STE 200 8521 LEESBURG PIKE STE 602 55 COLONIAL DR TUCKER,GA 30084- -5621 VIENNA,VA 22182 -0000 NAPLES,FL 34112 -7317 SMUGORZEWSKI EST, FRANCES M SNH /LTA PROPERTIES TRUST SOTO, DOMENICA VALDEZ % JUANITA BOWERSOX %PROPERTY TAX COUNSELORS 2967 KAREN DR 765 E GRAND ST PO BOX 3525 NAPLES,FL 34112 -7362 HASTINGS,NE 68901 -8243 MC KINNEY,TX 75070 -8194 SOTO, ROBERTO V SOUTHLAND CORPORATION, THE SOUTHPOINTE AT WINDSTAR MARINA % UMBERTO BOTELLO % TAX DEPT #30012 ASSOCIATION INC 2712 HOLLY AVE PO BOX 711 PO BOX 110339 NAPLES,FL 34112 -7300 DALLAS,TX 75221 -0711 NAPLES,FL 34108 -0000 SPENCER ET AL, DONNA M SPENCER , DONNA M STACK, VIRGINIA 6021 CEDAR TREE LN 6021 CEDAEE LN F34116-5407 2531 ESTEY AVE APT Al NAPLES,FL 34116 -5407 NAPLES,F NAPLES,FL 34104 --4353 STUMBO JR, ERNEST J STUMBO, GARY W =& DONNA L STUMBO, GA W =& DONNA L MARIA IMPERATI 2748 HOLLY AVE 2748 HOLL VE 95 SAINTANDREWS BLVD APT 310 NAPLES,FL 34113 -7638 NAPLES,FL 34112 -7300 NAPLES, 34112 -7300 Etiquettes faciles a peler ; ® Repliez a la hachure afin de ; Sens de WwW.averycom Utilisez le gabarit AVERY® 51600 cha gement reveler le rebord Pop -UpTM ' 1- 800 -GO -AVERY Z AL tseno along nneto r r nn iaesc¢svra r�enuer tasy veer— Lanais ® Feed Paper �"�' expose Pop -Up Edge TM 3/13/2012 Item 9.A. Use Avery® Template 5160 STUMBO, RONALD R SULKES, CHAD T STUMBO, RONALD R 157 BIG SPRINGS DR 2679 HOLLY AVE 2703 HOLLY AVE NAPLES,FL 34112-7315 NAPLES,FL 34112 -7318 NAPLES,FL 34113 -8327 JOHN F SUNCOAST SCHLS FEDERAL CR UN SUNCOAST SC LS FEDERAL CR UN SULLIVAN, SUL ANDREWS AVE 6801 E HILLSBOROUGH AVE 6801 HILLSB OUGH AVE PO BOX 11904 PO BOX 4 NAPLES,FL 34112 -7302 TAMPA,FL 33680 -1904 SUNCOAST STOOLS FEDERAL SUNTRUST MORTGAGE INC SUNCOAST SCH FEDERAL DR UN 1001 SEMMES AVE 6801 E HILLSBO OUGH AVE CREDIT UNIO 6801 E HILL BOROUGH AVE RVW 3064 PO BOX 119 RICHMOND,VA 23224 -0000 TAMPA,FL 3680 -1904 TAMPA,F 33610 -0000 SUTTON, GREG =& DILYA SYLVESTRE, PIERRECILIA SZEMPRUCH, DAVID= &EDWINA M SUTTON, ON, GREG DR APT 11 6155 THRESHER DR 121 WADING BIRD CIR APT 101 4900 NAPLES,FL 34112 -0000 NAPLES,FL 34110 -1250 NAPLES,FL 34112 -6902 TEA, STEVEN L =& MAUREEN TESNO, JILL =& HENRY THOMPSON,BRADLEY C =& CATHRYN R 51 CONSTITUTION DR 3411 BASIN ST 2152 LONGBOAT DR NAPLES,FL 34112 -7309 NAPLES,FL 34112 -595.. 9 NAPLESYL 34104 -3377 T GROUP INC TIITF /DEP- MARINE RESOURCES TIGER INVESTMENT HOMPSON, DLEY C =& CATHRYN R ROOKERY BAY 2152 LONG AT DR BLDG 100 STE 410 NAPLES, 34104 -3377 10151 DEERWOOD PARK BLVD 3900 COMMONWEALTH BLVD M, I JACKSONVILLE,FL 32256 -0000 TALLAHASSEE,FL 32399 -6575 TIITF /DEP - MARINE RESOURCES TIITF /DEP- MARINE RESOURCES TIITF /DEP - MARIN RESOURCES ROOKERY BA ROOKERY BAY [1 ROOKERY BAY 3900 COMMO EALTH BLVD j , �� 3900 COM I EALTH BLVD ) iy,� 3900 CON BA?.,- BLVD " TALLAHASS� ,FL 32399 -0000 (�� Ali TALLAHA SEE,FL 32399 -0000 TALLAHAS E,FL 32399 -0000 / TIITF /DNR TIrrF /REC & PA KS TIITF/REC & PPRKS ROOKERY BAY AT EST SANC ROOKERY BA ROOKERY B (r %DEP DOU S BLDG 3900 COMM WEALTH BLVD 3900 COM Bt', BLVD 3900 P D fSEE.FL WEALTH BLVD TALLAHAS EE,FL 32399 -0000 TALLAHA EE FL 32399 -0000 TALLAH 32399 -0000 (J TIMKO, RICHARD J 3020 WOODSIDE AVE NAPLES,FL 34112 -7335 TIRICO, FRANK V =& MARIA 231 BURNT PINE DR NAPLES,FL 34119 -9752 TOBIN TR, JOAN FLEIp6,1HMANN TOFAN TR, ANNETTE aRBARA Z WALK TR FRANK A PROVENZA B TRUST JOAN FLEISCH N TOBIN TRUST UTD 01111190 % NEAPOLFfA NTERPRISES LLC255 13TH AVE 7805 WOODHARBOR DR S STE 202 FORT WORTH,TX 76179 - -3047 NAPLES,FL 34102 -0000 ttiquettes faciles a peler I t chure afin de 'I sans d Packet Page - 421 -,ra Pop -upT"" � Utilisez le gabarit AVERY® 5160® 1 chargemem TOBIN TR, JOAN FLEISCHMANN BARBARA Z WALKER TR JOAN FLEISCHMANN TOBIN TRUST % NEAPOLITAN ENTERPRISES LLC25513TH AVE S STE 202 NAPLES,FL 34102 -0000 TOFAN TR, ANNETTE P FRANK L PROVENZA TR HELENA PROVENZA REV INT TRUST 7805 WOODHARBOR DR FORT WORTH,TX 76179 -3047 www.avery.com 1- 800 -GO -AVERY Lasy reel Laoels Avery® Template 51600 menu awn uua w Feed Paper expose Pop -Up Edge'"' V AFkv= 'EY lw 5160'6 j Lail TORRES, JUAN C =& MARIA I 4601 ALLADIN LN NAPLES,FL 34112 -- -6605 TRAN, QUOC THUY NGUYEN 4724 ORCHARD LN TREVINO JR EST, RAYNALDO TREVINO, DELIA 3553 THOMASSON DR NAPLES,FL 34112 -6622 NAPLES,FL 34112 -6649 TREVISO BAY DEVELOPMENT LLC 19275 W CAPITOL DR STE 100 BROOKFIELD,WI 53045 -0000 TREVISO BAY �DELOPMENT LLC 19275 W CAPISTE 100 BROOKFIELD 45 -0000 ; TREVISO BAY DEV OPMENT LLC 19275 W CAPITO R STE 100 BROOKFIELD, DR STE dif. TREVISO BAY DE LOPMENT LLC TREVISO BAY D ELOPMENT LLC TREVISO BAY D ELOPMENT LLC __ 19275 W CAPIT L DR STE 1011 19275 W CAPIT L DR STE 100 10275 W CAP L DR STE 100 Q BROOKFIEL ,WI 53045- -0000 ` (� BROOKFIEL , I 53045 -0000 /JS�' BROOKFIE ,WI 53045 -0000 6 °�jJ�j`7 U- E a-+ (V TREVISO BAY DEVELOPMENT LLC TREVISO BAY DEVELOPMENT LLC TURNER SR TR, WINFORD I O 19275 W CAP��DR STE 100 19275 W CAP,110L DR STE 100 � WINFORD I TURNER SR TRUST BROOKFIELD, I 53045 -0000 BROOKFIWI 53045 -0000 !y f"l�y UTD 6/7108 co �� 45 LIBERTY LN NAPLES,FL 34112- -7323 M USA UNITED CENTRAL BANK UNITED TELEPHONE CO OF FL 0000 % WARD, DAMON, POSNER, % EMBARQ CORP PETERSON & BLEAU ATTN: PROPERTY TAX 4420 BEACON CIR STE 100 PO BOX 7909 WEST PALM BEACH,FL 33407 -3281 OVERLAND PARK,KS 66207 -0909 US BK NATIONAL ASSOCIATION TR VALDEZ, JUAN C VALDEZ, OLIVAR YMLT 2007 -1 1692 19TH ST SW 2816 HOLLY AVE 8480 STAGECOACH CIR NAPLES,FL 34117 --4448 NAPLES,FL 34112 -7300 FREDERICK,MD 21701 --4747 VALDEZ, OLIVAR =& MARCELINA VAN DE MORTEL, DANIEL M VARGO, MARLENE E 2769 HOLLY AVE 3024 WOODSIDE AVE 4864 HAMPSHIRE CT APT 303 NAPLES,FL 34112- -7318 NAPLES,FL 34112 -7335 NAPLES,FL 34112 -7987 VIA VENETO AT TREVISO BAY VIA VENETO A REVISO BAY NEIGHBORHOOD ASSOCIATION INC NEIGHBOR, OD ASSOCIATION INC 14895 BELLEZZA LN 14895 BE EZZA LN NAPLES,FL 34110 -0000 NAPLE ,FL 34110 -0000 VILLAGE FALLS SEVEN INC VILLAGE FALLS EVEN INC 4997 TAMIAMI TRL E 4997 TAMIAMI L E NAPLES,FL 34113 -4131 NAPLES,FL 4113 -4131 y VIA VENETO AT REVISO BAY NEIGHBORH D ASSOCIATION INC 14895 BELLPiM LN NAPLES,F 34110 -0000 VILLAGE FAL SEVEN INC 4997 TAMI I TRL E NAPLES 34113 -4131 VILLAGE FALLS EVEN INC VILLAGE FALL SEVEN INC VILLAGE FALL SEVEN INC 4997 TA L E 4987 TAMIA TRL E ��n 4997 TAM TRL E NAPLES,F 34113 --4131 NAPLES,F 34113 -4131 ` NAPLES,F 34113 --4131 Etiquettes faciles a peler ; A Repliez a la hachure afin de ; wwW,avery.com Utilisez le gabarit AVERY® 51604D Sens de char geme nt revEler le rebord Po -U TM 1- 800 -GO -AVERY easy reef— Lanus Use Avery® Template 51600 VILLAGE FALL EVEN INC 4997 TAMIA TRL E NAPLES, 34113 - -4131 VILLAGE FA SEVEN INC 4997 TAM I TRt E NAPLE ,FL 34113 -4131 VILLAGE FAL�S SEVEN INC 4997 TAM I TRL E NAPLES L 34113-4131 VK HOLDINGS TREVISO BAY 19275 W CAPITOL DR STE 100 BROOKFI ELD, WI 53045 -- -0000 WALKER TR, ROBERT C KATHLEEN S WALKER TR 75 SAINT ANDREWS BLVD NAPLES,FL 34113-7692 dVARGO, BARBA CHARLES CON ELLY MICHAEL CO ELLY 1132 AUBLIP ST #104 CLEARW ER,FL 33756 -0000 WENSIERSKI, LAN %AFFELDT W OFFICES 8741 W ZONAL AVE ,►J' , MILWAU EE,WI 53227 -0000 UUU WHITEWAY, SOCORRO M 2265 QUEENS WAY NAPLES,FL 34112 -0000 WHITMAN, WILLIAM 19 6TH AVE S NAPLES,FL 34102 -8610 ZEPEDA, SALVADOR ZEPEDA, ROSALINDA HERNANDEZ 2581 HOLLY AVE NAPLES,FL 34112 -7315 Feed Paper °' expose Pop -Up EdgeT"' VILLAGE FALL EVEN INC 4997 TAMIA TRL E NAPLES, F 34113 --4131 VILLAGE FAL SEVEN INC 4997 TAMI I TRL E F � NAPLES 34113 --4131 VILLAGE FALLS SEVEN INC 4987 TAMIAMI TRL E NAPLES,FL 34113 - -4131 VK HOLDINGS TR ISO BAY COMMERCIAL C 19275 W CAP - DR STE 100 BROOKFIE ,WI 53045 -0000 WARD, KATHLEEN A 63 CONSTITUTION DR NAPLES,FL 34112 -7309 WARZINIAK, ANGELINE 75 SAINT ANDREWS BLVD APT 200B NAPLES,FL 34113 -7602 WERNER, BRANDON M 4208 MINDI AVE NAPLES,FL 34112 -6788 WHITEWAY, CORRO M 2265 QUE S WAY NAPLE , L 34112 -0000 WOODWORTH TR, DAVID DAVID & LUCRETIA REV TRUST UTD 4/28/08 2735 LAKEVIEW DR NAPLES,FL 34112 -5817 ZIEGELMAIER, JENNIFER L MULLER 5033 TAMIAMI TRL E # H -3 NAPLES,FL 34113 -4126 3/13/2012 Item 9.A. VILLAGE FA S SEVEN INC 4997 TAM MI TRL E NAP LE f L 34113 --4131 VILLAGE FA S SEVEN INC 4997 TAM I TRL E �y l NAPLES L 34113 - --4131 �t"}A VILMONT, TREVA D 3121 RIVIERA DR NAPLES,FL 34103 -4179 VK HOLDINGS T EVISO BAY COMMERCIAL L 0 19275 W CA OL DR STE 100 BROOKFI D,WI 53045 -2744 WARGO, BARBARA CHARLES CONNELLY MICHAEL CONNELLY 1132 AUBURN ST #104 CLEARWATER,FL 33756 -0000 WENSIERSKI, ALAN AFFELDT LAW OFFICES 8741 W NATIONAL AVE M I LWAU KEE, W I 53227 -0000 WHIDDEN ET UX, RAY A 4900 BISCAYNE DR APT 1 NAPLES,FL 34112 -6903 WHITEWAY, SOCORRO M ARTURO GONZALEZ 2265 QUEENS WAY NAPLES,FL 34112 -5425 YSME- ADEKA, DIEURINORD 3172 ANDREWS AVE NAPLES,FL 34112 -7304 ZUNICH, MITCHELL =& VIOLET M 35755 DETROIT RD RM 3309 AVON,OH 44011 -1694 A achure afin de www.avery.com ttiquettes faciles bi peler Sens 1 Packet Page - 423 - lord Pop -UpTM '� 1- 800 -GO -AVERY Utilisez le gabarit AVERY® 5160 charger..... easy reel— wueio — _ - - Use Avery® Template 51600 Feed Paper — expose Pop-Up EdgeTM J%w g--`v V — "VV _ ' ZYGNER, WALLACE J 6591 S FOREST LAKE DR ALGER,MI 48610 -9429 East Naples Civic Assoc. Att. Ted Beisler, President 4784 Inverness Club Drive Naples, FL 34112 Windstar Master Association Q Attn: Debra Simpson 1700 Windstar Blvd. E Naples, FL 34112 N N Bay-shore Gateway Triangle CRA O 4069 Bayshore Drive N Naples, FL 34112 M r C� Treviso Bay Development, LLC 5150 Tamiami Trail North Naples, FL 34103 Etiquettes faciles a peter I ♦ Repliez a la hachure afin de ; Utilisez le gabarit AVERYO 5160® cha Sens de gement reveler le rebord Pop -UpTm ' 1 www.averycom 1- 800-GO -AVERY 1 or 4 My w RECEJYEO AC", 3/13/2012 Item 9.A. ORDINANCE NO. 05- 59 AN ORDINANCE OF THE BOARD OF COUNTY: COMMISSIONERS AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, AND AGRICULTURAL (A) ZONING DISTRICT A PORTION OF WHICH HAS AN AGRICULTURAL SPECIAL TREATMENT OVERLAY, TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT, FOR A PROJECT TO BE KNOWN AS THE SABAL BAY MPUD. THE PROPOSED PROJECT WILL INCLUDE A RESIDENTIAL COMPONENT CONSISTING OF A MAXIMUM OF 1,999 VARIED HOUSING TYPE UNITS AND GOLF COURSE, COMMERCIAL USES, RECREATIONNILLAGE CENTER USES, AND PUBLIC FACILITY USES, PRESERVE AREAS AND RIGHTS -OF -WAY. THE SUBJECT PROPERTY IS LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U.S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY, IN SECTIONS 23, 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416.08± ACRES; THIS ORDINANCE ALSO IS PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 86 -77, THE CDC PUD; AND BY PROVIDING AN EFFECTIVE DATE. +v WHEREAS, Robert Mulhere of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing WCI Communities, Inc. and CDC Land Investments, Inc., in Petition Number PUDZ -A- 2004 -AR -6126, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, is changed from the Planned Unit Development (PUD) Zoning District and Agricultural, (A) Zoning District, a portion of which has an agricultural special treatment overlay, to a Mixcd Use Planned Unit Development (MPUD) Zoning District in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate Zoning Atlas Map or Maps, as Packet Page -425- 3/13/2012 Item 9.A. described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance Number 86 -77, known as the CDC PUD, adopted on November 10, 1986, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by supermajority vote of the Board of County Commissioners of Collier County, Florida, this day of_ / I%,' t' /—(-/,2005. ATTEST: DWIGHT E. BROCK, CLERK V , At1Z!!t III ill ; cbs Aall'! ,slgneFure .rp1�`` Approyed as to Form and Legal Sufficiency Mario a M. Student - Stirling Assistant County Attorney PUDZ -A- 2004 -AR -6126, Sabal Bay PUD /KD /sp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: _I�A W. C:nA FRED W. COYLE, CHAIRMAN This ordinance filed with the A$gcletory of State's Office the ��''!!__ day ofL a, 05 and ocknowledgem n f that fifi received thist"1 oN C day By A C lane Packet Page -426- 3/13/2012 Item 9.A. Sabal Bay an MIXED -USE PLANNED UNIT DEVELOPMENT 2,416.08 +/- Acres Located in Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida PREPARED FOR: WCI Communities, Inc., and Collier Development Corporation ' a ::107:�`ji Robert J. Mulhere, AICP RWA, Inc. 6610 Willow Park Drive Suite 200 Naples, FL 34109 And Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 EXHIBIT "A" DATE REVIEWED BY CCPC DATE REVIEWED BY BCC November 15, 20 ORDINANCE NUMBER 2005 -59 AMENDMENT AND /OR REPEAL Repeals 86 -77 ::.ca by kkARNOLD Packet Page -427- TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & LEGAL DESCRIPTION GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III RESIDENTIAUGOLF ( "R/G ") SECTION IV RECREATION/VILLAGE CENTER ( "REC/VC") SECTION V COMMERCIAL/OFFICE ( "CO ") SECTION VI PRESERVE ( "P ") SECTION VII PUBLIC FACILITIES ( "PF ") SECTION VIII GENERAL DEVELOPMENT COMMITMENTS EXHIBIT A MPUD MASTER PLAN EXHIBIT B LEGAL DESCRIPTION EXHIBIT C SCHEDULE OF DEVIATIONS APPENDIX A BALD EAGLE MANAGEMENT PLAN Packet Page -428- 3/13/2012 Item 9.A. PAGE ii 1 -1 2 -1 3 -1 4 -1 5 -1 6 -1 7 -1 8 -1 3/13/2012 Item 9.A. STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the applicants, WCI Communities, Inc., (WCI), and CDC Land Investments, Inc., hereinafter referred to collectively as the developer, to create a Mixed -Use Planned Unit Development (MPUD) on 2,416.08 +/- acres of land located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The name of this MPUD shall be Sabal Bay. The development of Sabal Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the GMP goals, objectives and policies, and with the Collier County Land Development Code (LDC), and other applicable regulations for the following reasons: The subject property is within the Urban Coastal Fringe Sub - District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe Sub - District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. a) The proposed residential density of Sabal Bay is 1.26 dwelling units (DUs) per acre, 1,999 units /1585 acres, which excludes the 31.00 acre educational facility, 1.00 acre East Naples Fire Control and Rescue District site, 75.01 acres of commercial uses, 12.40 acres of platted right -of -way, and 711.67 acres of tidal wetlands. This density is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The base density allowed by the FLUE for the entire subject property is four (4) DUs per acre. Due to the project's location within the Traffic Congestion Zone, one (1) dwelling unit is subtracted from the base density permitting a maximum density of three (3) dwelling units per acre. b) The maximum combined density and intensity within this PUD shall not exceed the Development of Regional Impact (DRI) thresholds for mixed -use developments, established for Collier County on the date of adoption of this PUD. Specifically, this PUD is limited to a maximum of. one - hundred and sixty percent (160 %) of any combination of the individual DRI thresholds for three or more uses, including residential, office, retail, and hotel uses, and no single use exceeds one - hundred percent (100 %) of the DRI threshold for that use. Further, in no case shall commercial uses, inclusive of the existing 87,038 square feet of existing commercial development, exceed the following: 250 hotel rooms; 200,000 square feet of retail; and, 60,000 square feet of office. c) The undeveloped and developed commercial acreage is consistent with the provisions of the FLUE as it is located within Activity Center # 17 at US 41 and Thomasson Drive. in Packet Page -429- 3/13/2012 Item 9.A. d) Commercial uses within the Recreation/ViIlage Center District are consistent with FLUE Map -11, which identifies existing zoning consistent with the FLUE by Policies 5 -9, 5 -I0, and 5 -12. Moreover, the area and allowable uses within the Recreation/Village Center District are consistent with the provisions set forth in Policy 5.1. 3 • The Sabal Bay MPUD is compatible with and complementary surrounding land uses as required in Policy 5.4 of the FLUE. to existing and future 4. Improvements are planned to be in compliance with the LDC as set forth in Objective 3 of the FLUE. 5• The development of the Sabal Bay MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The Sabal Bay MPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 7• All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10, of the LDC. Transportation concurrency is partially vested in that the Developer is entitled to a Certificate of Adequate Public Facilities for transportation concurrency for 1,766 dwelling units. upon compliance with the provisions set forth in the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. 8. By virtue of compliance with the provisions of Chapter 6, of the LDC, the project will also implement, and further Objective 2.0 of the FLUE, Objective 1.2 of the Sanitary Sewer Sub- Element, and Objective 1.5 of the Recreation and Open Space Element. 9. The native vegetation provisions of the Sabal Bay MPUD implement Policy 6.1.1 of the Conservation Coastal Management Element in that native preserves will be incorporated into the project design. 10. The development's commitment regarding the Lely Area Stormwater Improvement Project (Section 8.6(E) of this Document) is consistent with and furthers Policy 1.3.4 of the Drainage Sub - element of the Public Facilities Element in that it improves the existing LeIy Canal drainage facility. I Packet Page -430- 3/13/2012 Item 9.A. SHORT TITLE s ordinance shall be known and cited as the "SABAL BAY PUD MIXED -USE PLANNED iT DEVELOPMENT ORDINANCE ". iv Packet Page -431- 3/13/2012 Item 9.A. SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Sabal Bay MPUD, and to describe the existing conditions of the property proposed to be l developed. 1.2 LEGAL DESCRIPTION The subject property referred to within this Document as "project site" and "project area ", is comprised of 2,416.08 +/- acres, and located within Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, and is legally described as: See Exhibit `B" 1.3 GENERAL DESCRIPTION OF PROPERTY A. The subject property is located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The property is generally located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway in the western portion of Collier County. B. The zoning classification of the subject property, at the time of the MPUD application is PUD, A - Agriculture, and A -ST — Agriculture Special Treatment Overlay. C. Elevations within the subject property are approximately 8 to 11 feet above MSL. Per FEMA Firm Map Panel No. 1200670 581 F, 1200670 582 F, 1200670 583 E, 1200670 584 E, and 1200670 605 E, dated August 3, 1992, the Sabal Bay property is located within AE 8 -11 of the FEMA flood insurance rate map. D. A large portion of the subject property contains native vegetation habitats of varying quality. The property also contains a significant amount of jurisdictional wetlands. An Environmental Impact Statement (EIS) has been submitted, pursuant to Subsection 10.02.02(A) of the LDC, and provisions for on -site preservation of higher quality wetlands, interspersed with uplands, are incorporated into the design of the conceptual master plan, and overall water management system. The Sabal Bay MPUD contains a wide variety of vegetative communities inventoried and mapped in the EIS. The site has been designed to provide for onsite protection of habitat for listed species. Packet Page -432- 3/13/2012 Item 9.A. E. The soil types on the subject property include a variety of hydric and non -hydric soils listed in EIS. F. The subject property is located within the Collier County Water Management District Henderson Creek Watershed. G. A portion of the subject property is located within the City of Naples Water Service District. H. The subject property is partially developed pursuant to the January 7, 2002 Preliminary Development Agreement (PDA) with the State of Florida's Department of Community Affairs to allow development on 83 acres of the property within Collier County. 1.4 DENSITY A. A maximum of 1999 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial /office (cio) development, Village Commercial (REC /VC), tidal wetlands, and platted rights - of -way, is approximately 1585 acres. The gross project density shall be a maximum of 1.26 dwelling units per acre. 1_? Packet Page -433- SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to generally describe the plan of development for the Sabal Bay MPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Sabal Bay MPUD will be a mixed -use planned unit development. The MPUD will incorporate residential, golf, commercial, recreational, and preserve land uses. The northeastern portion of the property along US 41 is located within Activity Center #17 and shall allow for commercial/office uses. There currently exists 87,038 square feet of retail development within the MPUD authorized to be constructed pursuant to a PDA between Collier Development Corporation and the State of Florida Department of Community Affairs. The other uses shall be distributed throughout the remainder of the MPUD property, as set forth on the MPUD Master Plan (Exhibit A). Access to the property shall be from East Tamiami Trail (US 41), Thomasson Drive, and Bayshore Drive. The project will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services shall be provided as deemed appropriate. B. The MPUD Master Plan is illustrated graphically as Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The Master Plan is conceptual, and the location, size, and configuration of individual, residential, commercial, recreational areas, water management features, and tract development areas shall be determined at the time of site development plan (SDP) and/or subdivision plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Sabal Bay MPUD shall be in accordance with the contents of this MPUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this MPUD Ordinance) and the GMP in effect at the time of issuance of any development order to which said regulations authorize the construction of improvements, such as but not limited to subdivision plat, SDP, excavation permit and preliminary work authorization. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. z -1 Packet Page -434- 3/13/2012 Item 9.A. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this MPUD shall be subject to the Adequate Public Facilities Ordinance, Section 6.02.00 and Section 10.02.07 of the LDC. At this time, 1,766 residential units are vested for transportation concurrency pursuant to the terms of the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. In addition, 87,038 square feet of commercial development exists within the MPUD boundary. D. Unless modified, waived or excepted by this MPUD or by subsequent request, the provisions of other sections of the LDC remain in effect with respect to the development of the land which comprises this MPUD. E. All conditions imposed herein or as represented on the Sabal Bay Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Section 10.02.04 and Appendix B) shall apply to the Sabal Bay MPUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to Subsection 10.02.02(B) the LDC. G. The Site Development Plans Section of the LDC (10.02.03) shall apply to the Saba] Bay MPUD, except where an exemption is set forth herein or otherwise granted pursuant to Subsection 10.02.03(B) of the LDC. H. Recognizing that the MPUD Master Plan does not designate specific dwelling unit types, the type of dwelling unit which characterizes the initial development of any platted tract or phase of a platted tract shall be carried out throughout the development of that tract or phase. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as they exist on the date the MPUD is approved. The project shall be monitored through the PUD monitoring process on an annual basis and during SDP and/or subdivision plat review process, as may be applicable. 2 -2 Packet Page -435- 3/13/2012 Item 9.A. 2.4 ROADWAYS A. Roadways within the Sabal Bay MPUD shall be privately owned and maintained, except for Thomasson and Xeric Drive, which will be public roads. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this MPUD or approved during subdivision plat approval. The developer reserves the right to request substitutions to design standards in accordance with Subsection 10.02.04(A)(3) of the LDC. The developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all internal and privately owned and maintained project roadways. B. Roadways within the Sabal Bay MPUD shall be designed and constructed in accordance with Chapter 10 of the LDC with the following substitutions: 1. Streets and access improvements a. Street Right -of -Way Width: At the discretion of the developer, the minimum right -of -way width to be utilized for local streets and cul -de -sacs may be fifty feet (50'), a deviation from LDC Subsection 6.06.01(0) that requires rights -of- way for local roads to be at least sixty feet (60'). Drive aisles serving multi - family tracts shall not be required to meet this standard. b. Dead -end Streets: Cul-de -sacs may exceed a length of one thousand feet (1,000'), a deviation from LDC Subsection 6.06.01(1) that limits cul-de -sacs to 1,000 feet. C. Reverse Curves: Tangents between reverse curves are not required for any local street design in this MPUD. A deviation from Section III, Exhibit "A ", Design Requirements for Subdivisions C.13 j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66. 2.5 SIDEWALKS /BIKEPATHS, BIKE LANES A. Sidewalks: All roads other than local roads shall have a six foot (6') wide sidewalk on both sides of the street as illustrated on Exhibit A, or a minimum ten foot (101) wide pathway on one side of the street which may meander in and out of the right - of -way. B. Bike lanes shall be provided on both sides of collector and arterial streets. C. Pursuant to Chapter 6.06.02 of the LDC, sidewalks/bike paths shall be permitted as follows: 2 -3 Packet Page -436- 3/13/2012 Item 9.A. 1. An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right -of -way serving the adjacent residential tract. 2. Sidewalks may be located outside platted rights -of -way when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment at the point of encroachment. 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 22- 122(a) of the Collier County Code of Laws and Ordinances may be reduced subject to the provisions established in Section 22- 122(a) of the Collier County Code of Laws and Ordinances. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 22- 122(c) of Collier County Code of Laws and Ordinances, and subject to permit approval from the South Florida Water Management District. Removal of fill and rock from the Sabal Bay MPUD shall be administratively permitted to an amount up to ten (10) percent per lake (20,000 cubic yards maximum), unless the project is issued a commercial excavation permit. 2.7 FILL STORAGE Fill storage is generally allowed throughout the Sabal Bay MPUD. Fill may be transported and stockpiled within areas that have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator and shall demonstrate compliance with the following standards: L Stockpile maximum slope: 2:1 2. Stockpile maximum height: Thirty Feet (30') I Fill storage in excess of six feet (6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. This excludes fill storage areas associated with the Lely Area Surface Drainage Improvements Project. 4. Soil erosion control shall be provided in accordance Subsection 10.02.02.0 of the LDC. 5. Stockpiles with side slopes greater than 4:1 shall be fenced with childproof fencinLy. 1-4 Packet Page -437- 3/13/2012 Item 9.A. 2.8 USE OF RIGHTS- OF-WAY Utilization of lands within, all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.9 MODEL HOMES /SALES CENTERS /SALES OFFICES/ CONSTRUCTION OFFICES A. Models, sales /rental centers and other uses and structures related to the promotion and sale, resale, and/or rental of real estate and/or golf/sports memberships such as, but not limited to, pavilions, viewing platforms, gazebos tents, parking areas, signs, shall be permitted principal uses throughout the Sabal Bay MPUD subject to the requirements of Chapters 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the LDC. Such temporary use permits shall be valid through the life of the project with no extension of the temporary use permit required. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and, where required, associated SDP or site improvement plan (SIP) application(s) for residential models, shall be submitted, and approved pursuant to Chapters 4.05.00, 4.06.00, 5.06.00, and 5.04.04 of the LDC, with applications for the subdivision plat. The location of the model units within a future platted lot shall be depicted on the SDP or SIP, as the case may be. All model units shall be located on lots that will be platted through subsequent development order approvals, and shall comply with all development standards applicable to said lots. C. Temporary uses for sales centers may be serviced by temporary well and septic systems. D. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re -sale of residences within the boundaries of the Sabal Bay MPUD and/or golf and sports club memberships. The use of a portion of the clubhouse as a temporary sales facility shall cease when the project is released to the control of the homeowners' association. 2.10 CHANGES AND AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Changes and amendments may be made to this MPUD Ordinance, MPUD Master Plan as provided in LDC Subsection 10.02.13.E. Minor changes and refinements as described in Section 8.3 C of this Document, may be made by the developer in connection with any type of development or permit application required by the LDC. 2 -5 Packet Page -438- 3/13/2012 Item 9.A. 2.11 COMMON AREA MAINTENANCE Common area maintenance shall be provided by a Community Development District (CDD) established pursuant to Chapter 190, Florida Statutes, or by a property owners' association. For those areas not maintained by a CDD, the developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems. 2.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Sabal Bay MPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms: 4:1 2. Ground covered berms: a. Perimeter: 3:1 b. Internal to project: 3:1 3. Other slope stabilizing materials and landscape features, including natural or manmade rock features and geotextile mats, where necessary, excluding rip rap: 1:1 4. Structural walled berms: vertical B. Fence or wall maximum height: 1. Perimeter fences or walls shall be permitted at a height of eight feet (8'), as measured from the finished grade of the ground at the base of the fence or wall. This constitutes a deviation from Subsection 5.03.02B of the LDC allowing wall height to be measured from finished grade, rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road. If the fence or wall is constructed on a perimeter landscape berm, the berm and wall in combination shall not be higher than 8 feet from the finished grade. 2. All other fences or walls shall not exceed a height of six feet (6') as measured from the finished floor elevation of the nearest residential structure. Fences or walls constructed on a landscaped berm shall not exceed a height of six feet (6'), as measured from the top of the berm and the combination of berm and fence shall not exceed eight feet (8'), as measured from existing grade. 2-6 Packet Page -439- 2.13 2.14 3/13/2012 Item 9.A. 3. Entrance features, which are an integral part of security and access control structures such as gatehouses and control gates, shall be subject to the height limitations for principal residential structures, not to exceed 35 feet. C. Pedestrian sidewalks and/or bike paths and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location, as required in Chapter 4.06.02 of the LDC. Water management systems, and drainage structures, shall be permitted within a required buffer as provided in Subsection 4.06.02D(4) of the LDC. DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Policy 5.6 of the FLUE of the Collier County GMP. B. The Sabal Bay MPUD is a planned community and shall be developed under unified control. The developer will establish design guidelines and standards to ensure a high and consistent level of quality for residential units and related community features and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Saba] Bay MPUD except in the Preserve Area. General permitted uses are those uses which generally serve the developer and residents of the Sabal Bay MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: I. Water management facilities and related structures. 2. Irrigation treatment and distribution facilities. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. z -7 Packet Page -440- 3/13/2012 Item 9.A. 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.12 of this Document. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — Twelve feet (12') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from MPUD boundary: See Table I, Section III, Development Standards. 3. Minimum distance between unrelated structures — Ten feet (10') 4. Maximum height of structures — See Table I, Section III Development Standards. 5. Minimum floor area — None required. 6. Minimum lot or parcel area — None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of SDP approval. 2.15 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed -use residential projects maintain open space at a minimum of 309,0' of the entire MPUD. The MPUD Master Plan identifies preserves, lakes. recreation tracts, including golf course area, and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 301/'0' open space requirements of Subsection 4.02.01B of the LDC for mixed -use developments. a -s Packet Page -441- 3/13/2012 Item 9.A. 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of 559.52 acres (25% of the 2,238.07 +/- acres of native vegetation on site) is required to be retained or replanted. For the purposes of this MPUD, the Preserve Tracts, which equal 56% +/- (1,256.24 acres) of the 2,238.07 +/- acres of native vegetation occurring on site, will fully satisfy the native vegetation requirements of Collier County. Of the 2,416.08 ± acres on the project site, 178.01± acres are not considered habitats with native vegetation present. Those habitats not included as native vegetation habitats include commercial uses, open water, cleared lands, and agricultural lands. Of the remaining habitat types, exotic plant species coverage was not evaluated according to canopy coverage alone; therefore, these habitats are not excluded from the native vegetation preservation requirement pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the GMP. Since the on -site preserve will exceed the GMP requirement, the applicant has elected not to further evaluate native habitats on -site to exclude them from this requirement. 2.17 SIGNAGE A. GENERAL All signs shall be in accordance with Section 5.06.00 of the LDC except in the following instances. 1 • Two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet as measured from finished grade. These signs shall not contain more than the project name of the individual tract, the main project name or any major use, the insignia or motto of the project and the developer's name and logo. Said signs shall be located so that they are visible only internal to the Sabal Bay MPUD. This constitutes a deviation from Subsection 5.06.04A.6.(b) of the LDC, which limits such signs to 64 square feet. 2• Two ground signs are permitted for each project entrance (on US 41, Thomasson Drive and Bayshore Drive), and shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the developer's name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. This constitutes a deviation from LDC Section 5.06.05 which limits such signs to 64 square feet. 2 -9 Packet Page -442- 3/13/2012 Item 9.A. 3. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A "). The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two- sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's name and logo. 4. In the case of commercial development within the RECNC District, which is internalized within the MPUD, and in consideration of mixed -use and/or neo- traditional development, signage may vary from the requirements of Chapter 5.06.00 of the LDC. 5. Traffic signs, such as street signs, stop signs, speed limit signs, internal directional signs, and the like, shall be designed to reflect a common architectural theme. The placement and size of such signs shall be in accordance with the LDC, or other applicable County regulations. z -10 Packet Page -443- SECTION III RESIDENTIAL /GOLF 3.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as "R/G ", Residential/Golf 3.2 MAXIMUM DWELLING UNITS A maximum of 1,999 approved residential dwelling units may be constructed on lands designated "R/G" Residential on the MPUD Master Plan. For purposes of project density, 4 ALF units shall constitute 1 golf residential dwelling unit. However, the maximum density on tract R/G8 is limited to 390 dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "R/G," Residential/Golf, on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.14 of this Document, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "R/G ", Residential/Golf, is indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP, or subdivision plat approvals, in accordance with Sections 10.02.03 and 10.02.04 of the LDC. Residential/Golf tracts are designed to accommodate internal roadways, open spaces, golf course uses and other similar uses found in residential areas. 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: Single family attached and detached dwellings, townhomes. 2. Single family and zero lot line dwellings. 3. Two - family and duplex dwellings. 3 -1 Packet Page -444- 3/13/2012 Item 9.A. 4. Multi- family dwellings including mid -rise, coach home and garden apartments. Multi - family buildings are limited to a maximum building height of 50 feet measured as set forth in the LDC Section 1.08.02 Definitions "building, zoned height of', except that within tract RG4, depicted on Exhibit "A ", multi - family buildings shall be permitted up to a height of 10 residential floors over parking, not to exceed a zoned height of 150 feet", and an actual height of 165 feet. 5. Timeshares 6. Model homes and model home centers including offices for project administration, construction, sales and marketing. 7. Assisted living facilities (ALF) with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store are permitted as ancillary uses. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF). No external signage or advertising is permitted in support of these ancillary medical or personal service uses. As ancillary uses, not intended for utilization by the general public, such ancillary medical or personal service uses shall be limited in size and intensity to an amount determined to be necessary to serve the residents of the ALF, their guests, and the facility employees. 8. Golf course and golf course related facilities, except within tract R/G8. 9. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. 2. Community, and golf course related recreational facilities and structures including clubhouses, health and fitness facilities, restaurants, cocktail lounges, pro - shops, driving ranges, pools, meeting rooms, community buildings, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve community residents and their guests. 3. Community and golf course related maintenance facilities, water management facilities, and utility and maintenance structures and staff offices. 3 -2 Packet Page -445- 3/13/2012 Item 9.A. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Sabal Bay MPUD Residential/Golf Area. Standards not specified herein shall be those specified in Chapter 5 of the LDC in effect as of the date of adoption of this MPUD Ordinance. B. The following standards shall be applicable to the proposed ALF use. Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. I • Minimum Lot Size: 1 acre. 2. Minimum Yard Requirements: i) Front: 25 feet Side: 15 feet, except no setback shall be required from any lake easement. Rear: 25 feet, except that no setback shall be required from any lake easement. 3. Floor Area Ratio: 0.45 FAR. 4• Maximum height: 3- stories over one level of parking not to exceed a zoned height of 50 feet. C. Site development standards for single family, zero lot line, two - family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi- family standards apply to platted parcel boundaries, unless otherwise specified. D. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of SDP approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 3 -3 Packet Page -446- 3/13/2012 Item 9.A. TABLE I: SABAL BAY MPUDDEVELOPMENT STANDARDS FOR "RG" RESIDENTIAL/GOLF AREA SETBACK SINGLE ZERO TWO SINGLE MULTI FAMILY/ CLUBHOUSE/ ALFs FAMILY LOT LINE FAMILY/ FAMILY TIMESHARE RECREATION DETACHED DUPLEX ATTACHED/ DWELLINGS BUILDINGS TOWNHOME PRINCIPAL STRUCTURES10• Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF N/A Per Section per lot or 3.5 B unit 10,000 SF Minimum Lot Width 40' 35' 35' per lot 20' N/A N/A or unit N/A 15' 15' 15' 15' 15' or .5 BH, Per Section whichever is greater, 3.5 B not to exceed 50 feet, and a minimum of 75 feet from the PUD Front Yard Setback(' perimeter boundary. 20' Front Yard for Side' N/A Entry Garage 10' 10' 10' 10' 15' or .5 BH, whichever is greater, not to exceed 50 feet, and a minimum of 75 feet from the PUD perimeter boundary. N/A 15' or .5 BH, whichever is greater, not to exceed 50 feet, and a minimum of 75 feet from the PUD Rear Yard' 10' 10' 10' 10' perimeter boundary. 15' Side Yard 6' 0' or 6' 0' or 6' 0' or 6' 15' or 5G% of BH, Per Section whichever is greater 3.5 B not to exceed 50 feet, and a minimum of 75 feet from the PUD perimeter boundary 4 10' From Golf Course 0 0 0 0 0 0 0 From Preserve 1 25' 25' 25' 25' 25' 25' 25' 50' above FEMA Per Section Maximum Heights 35' 35' 35' 35' elevation 5.7 55' 3.5.13 Floor Area Minimum 1200 SF 1200 SF 1200 SF 1200 SF 700 SF N/A' (SF) N/A Minimum Distance 15' or Between Principal Structures4 12 12' 12' 12' 15' or .5 SBH, whichever is greater 4 9 15' or .5 SBH, whichever is 4 .5 SBH, whichever is �� "ter ACCESSORY STRUCTURES'"' Front SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS SPS Rear 5' 5' 5' 5' 5' 10' 10' From Preserve ' 10' 10' 10' 10' 10' 10' 10' Minimum Distance 0' or 10' Between Accessory Structures on same lot 0' or 10' 0' or 10' 0' orl0' 1 0' or 10' 0' or 10i4 0' or 10'4 Minimum Distance 0' or 10' Between Accessory and Principle Structures on same lot 0' or 10' 0' or 10' 0' orl0' 0' or 10' 0' or 10'4 0' or 10s4 Maximum Height SPS SPS SPS SPS 50' SPS 50' 3-4 Gi�Cucrenv.Dese1=,,PUD Remnes,Sabal Bap, PUDZ- A- 'O04•AR•61261PUD documentstSahal Rnv MPl m l , -o_nc A-, 1 1/9/2005 Packet Page -447- 3/13/2012 Item 9.A. BH: Building Height— measured as defined in LDC Section 1.08-02 Definitions "building, zoned height of." SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. SPS: Same as Principal Structure Front yards shall be measured as follows: If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of- -way line. *I - Setback from lake easements for all accessory uses and structures may be 0 feet- Setback from preserve areas shall be 25 feet for principal structures and 10 feet for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. '2 - Minimum lot width for cul -de -sac lots consistent with the measurement standards established in the LDC. '3 - Zero feet (0'). Where the zero foot (0') yard option is utilized, the opposite side of the structure or attached structures shall have a twelve foot (12) side yard. Where zero lot line development is proposed, a conceptual site plan shall be submitted with the application for final subdivision plat approval. The conceptual site plan shall depict the proposed location of dwelling units and the required setbacks. 4 - Distance between principal and accessory structures for multi- family development: Where common architectural themes are utilized for a common development tract, distances between principal structures may be reduced subject to Fire District approval at the time of site plan review. In no case shall the distance between principal structures be less than 10 feet or .25 SBH, whichever is greater. A common architectural theme shall be demonstrated during SDP review through submittal of drawings and renderings depicting common signage, common entry design features, common landscape and landscape features, and common architectural building design features, 'S — Building height is measured as set forth in LDC Section 1.08.02 Definitions "building, zoned height of" Mid -rise structures within Tracts- R/G4, as depicted on the MPUD Master Plan (Exhibit "A') shall have a maximum height of 10 residential floors over parking, not to exceed 150 feet of zoned height as measured Pursuant to LDC Section 1.08.02 Definitions 'Buildings, zoned height of ", and a maximum actual height of 165 feet, '6 — Front loading garages shall have a minimum front yard setback 23 feet, as measured from the back of sidewalk. Side loaded garages may be located less than 23 feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. '7 — 50 feet for R/G8. '8 — Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. There is no minimum floor area established for an ALF, however, the maximum floor area ratio (FAR) is .45 as set forth in Section 5.05.04 of the LDC. '9 — Minimum separation between parking decks under mid -rise structures shall not be less than 60 feet. 10 - In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC applicable provisions in effect at the time or permitting. 11 - Where setbacks are measure as a percent or factor of building height, the "Zoned" building height shall be utilized. 3 -5 Packet Page -448- CM SECTION IV RECREATION/VILLAGE CENTER 4.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as RECNC, 'Recreation Nillage Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the RECNC Tract is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Section 10.02.03 and Section 10.02.04 of the LDC. The RECNC area shall accommodate a variety of recreational, water management, open space, commercial uses, including temporary lodging establishments, as well as customary accessory uses associated with the permitted principal use, and essential services. The RECNC Subdistrict shall not be subject to the conditions, limitations or restrictions set forth in Chapter 4.07.04 of the LDC. The commercial uses identified within this subdistrict are permitted pursuant to FLUE Map 11 that establishes exempt commercial areas within the boundaries of the MPUD which have been determined to be consistent by policy (FLUE Policy 5.9). Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as those regulations exist on the date this MPUD is approved. The developer shall provide the County with incremental development information, including the aggregate commercial square footage within the RECNC Tract and within the PUD in total, as required during the annual PUD monitoring process, and through the SDP and/or subdivision plat application submittal process. 4.3 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. Permitted Principal Uses and Structures: 1. Recreational facilities and structures such as, but not limited to, pools, tennis courts, health and fitness facilities, clubhouses, meeting rooms, community buildings, playgrounds, and playfields. 2. Commercial banks (Groups 6021 -6029 drive- through facilities are prohibited). M Packet Page -449- 3/13/2012 Item 9.A. 3. Real estate agents and managers for property within PUD only (Group 6531). 4. Hardware store only - 2,500 square feet, maximum floor area (Group 5251). 5. Variety stores - 2,500 square feet maximum floor area (Group 5331). 6. Miscellaneous general merchandise stores, except catalog showrooms - 2,500 square feet maximum floor area (Group 5399). 7. Grocery stores, 10,000 square feet maximum floor area (Group 5411). 8. Fish, meat, and seafood markets only (Group 5421). 9. Fruit and vegetable markets (Group 5431). 10. Retail bakeries (Group 5461). 11. Coffee stores and health food stores only - 2,500 square feet maximum floor area (Group 5499). 12. Gasoline service stations, except truck stops (Group 5541). 13. Apparel and accessory stores - 2,500 square feet maximum floor area (Groups 5611 - 5661). 14. Record and prerecorded tape stores (Group 5735). 15. Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive -in restaurants and restaurants with drive- through facilities (Group 5812). 16. Liquor stores (Group 5921). 17. Gift, novelty, and souvenir shops (Group 5947). 18. Sewing, needlework, and piece goods stores (Group 5949). 19. Florists (Group 5992). 20. Agents for laundries and drycleaners only (Group 7212). 21. Coin - operated laundries and drycleaning (Group 7215). 4 -2 Packet Page -450- FS 3/13/2012 Item 9.A. 22. Diaper service, and garment alteration and repair shops only (Group 7219). 23. Beauty shops, except beauty schools and cosmetology schools (Group 7231). 24. Barber shops, except barber colleges (Group 7241). 25. Depilatory salon, electrolysis, massage parlor, shopping services for individuals, and tanning salons only (Group 7299). 26. Housekeeping and maid services only (Group 7349). 27. Videotape rental (Group 7841). 28. Physical fitness facilities (Group 7991). 29. Offices and/or clinics of physicians, and offices and/or clinics of dentists. (Groups 8011- 8021). 30. Offices and clinics of chiropractors (Group 8041). 31. Establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. Within the RECNC Subdistrict, up to 150 temporary lodging units may be developed. Those temporary lodging units may be developed as typical hotel or motel units or may be developed as independent detached or attached units constructed so as to appear like residential dwelling units of various types (No more then 250 temporary lodging units shall be permitted within the entire MPUD). 32. Timeshares 33. Miscellaneous Retail Stores, not elsewhere provided for above (Groups 5699, 5999), whether accessory to a hotel, motel, clubhouse, or independent. 33. Open space uses, and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, fishing /observation pier, picnic areas, fitness trails, and shelters. B. Permitted Accessory Uses and Structures 1. Customary accessory uses or structures incidental to recreation and village center areas and, or facilities, including structures constructed for purposes 4 -3 Packet Page -451- 3/13/2012 Item 9.A. of maintenance, storage or shelter with appropriate screening and landscaping. 2. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Parking facilities and signage b. One caretaker's residence C. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: I . Front Yard: Twenty -five feet (25'). 2. Side Yard: Fifteen feet (151). 3. Rear Yard: Fifteen feet (15'). 4. Proposed structures located adjacent to a lake may have no setback from the lake maintenance easement. No structures are permitted in the required 20- foot lake maintenance easement. 5. Principal and accessory structure setbacks from Preserve Area i) Principal structure: Twenty-five feet (25') ii) Accessory structure: Ten feet (10') B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50); except clock towers or similar architectural features, which shall be permitted up to seventy -five feet (75'). D. Minimum distance between principal structures - Ten feet (10'), or greater, if required by local fire codes in effect at time of development. E. Minimum distance between accessory structures - Ten feet (10') F. Parking for uses and structures constructed in the Recreation/Village Center: The amount of required parking within this District may be reduced by up to 25% of the applicable LDC parking requirements if it is demonstrated that such a reduction is warranted through the submission of a shared parking analysis, to be submitted with an SDP application. The amount of parking necessary shall be determined utilizing the modal splits and parking demands for various uses recognized by the Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The analysis shall demonstrate the number of parking spaces available for more than one 4-4 Packet Page -452- 3/13/2012 Item 9.A. use or function, recognizing the required parking spaces will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. The shared parking analysis methodology will be determined and agreed upon by the County Transportation Staff and the applicant during the SDP pre - application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. Note: Any such reduction approved by staff is a deviation from the requirements set forth in LDC Section 4.05.04. G. Architectural and Site Design Standards: Commercial development within the RECNC Subdistrict shall conform with the guidelines and standards of Section 5.05.08 of the LDC, or if variations from these guidelines are needed to accommodate mixed -use residential or neo- traditional neighborhood -scale commercial development, a separate plan for architectural design and site design and signage shall be submitted to the Collier County Zoning and Land Development Review Director at the time of the first SDP approval for commercial or mixed use development within this subdistrict. The plan for architectural design shall indicate the exact nature of any deviation from the requirements of Section 5.05.08 of the LDC, and shall further demonstrate that any such deviation, while varying from one or more of the provisions of Chapter 5.05.08, nonetheless are deemed to meet the overall purpose and intent of Chapter 5.05.08. 4 -5 Packet Page -453- SECTION V COMMERCIAL /OFFICE 5.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to set forth the development plan for tracts designated as "C /O", Commercial /Office on Exhibit "A ", MPUD Master PIan. The general function and purpose of this Tract is to provide the opportunity for diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions to many segments of the population. 5.2 MAXIMUM COMMERCIAL /OFFICE SQUARE FEET The 45 f acre Commercial /Office Areas (Tracts C /01, C /02 and C /03), shall be developed with an amount of commercial /office square footage that will not exceed individual DRI thresholds. Total retail or other uses on the C 101 and C /02 shall not exceed 142,000 square feet of retail and 40,000 square feet of office space. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses) as those regulations exist on the date this MPUD is approved. This shall be monitored through the PUD monitoring process on an annual basis and through the SDP and/or subdivision plat review process. 5.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses I: 1. Establishments primarily engaged in performing soil preparation services, crop services, veterinary services, other animal services, farm labor and management services, and landscape and horticultural services, as outlined under Major Group 07 in the Standard Industrial Classification Manual, only including Industry Number 0742 — veterinary services for animal specialties. s -1 ' Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. Packet Page -454- 3/13/2012 Item 9.A. 2. Establishments furnishing point -to -point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Any retail business as defined in the Standard Industrial Classification Manual for the following categories: a. 523 — Paint glass, and wallpaper stores; b. 525 — Hardware stores; C. 526 — Retail nurseries, lawn and garden supply stores; d. Major Group 53 — General merchandise stores. 4. Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual. 5. Any retail business engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. 553 — Auto and home supply stores, not including any installation facility; b. 554 — Gasoline stations, not including service facilities; C. Group 7542 — Carwashes only. 6. Any retail business engaged in selling new or used motorboats and other watercraft, marine supplies, and outboard motors as defined under Industry Group 555 in the Standard Industrial Classification Manual. 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 9. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under the Major Group 58 in the Standard Industrial Classification Manual. 10. Any miscellaneous retail business as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 596 — non -store retailers; 598 — fuel dealers; and not including retail sale of fireworks. 5 -z Packet Page -455- 3/13/2012 Item 9.A. 11. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 12. Within Tract C /03 only, establishments operating primarily to provide temporary Iodging such as hotels or, motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. No more than 150 units shall be permitted. (No more than 250 units shall be permitted in total within the RECNC District and Tract C /03). 13. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 — Laundry, cleaning, and garment services, only including Group 7211 — power laundries, family and commercial, Group 7215 — coin - operated laundries and dry- cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722 — Photographic portrait studios; C. 723 — Beauty shops d. 724 — Barber shops; e. 725 — Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 tax return preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 14. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following industry Groups: a. 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 — Mailing, reproduction, commercial art and photography, and stenographic services; C. 735 — Miscellaneous equipment rental and leasing, only including Group 7352 — medical equipment, rental and leasing; d. 737 — Computer programming, data processing, and other computer related services, not including Group 7371 — prepackaged software. 5 -3 Packet Page -456- 3/13/2012 Item 9.A. 15. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384, Photofinishing laboratories. 16. Establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public, including Group 7513 — Truck rental and leasing, without drivers; Group 7514 — Passenger car rental; Group 7515 — Passenger car leasing; and Group 7519 — Utility trailer and recreational vehicle rental. 17. Establishments engaged in miscellaneous repair services, only including Group 7631 — Watch, clock, and jewelry repair and Group 7699 — Repair shops and related services, not elsewhere classified. 18. Establishments operating primarily to provide motion picture services as defined under Major Group 78 in the Standard Industrial Classification Manual, only including Group 7832 - Motion picture theaters, except drive -in, and Group 7841 — Videotape rental. 19. Establishments operating primarily to provide amusement and recreation services as defined under Major Group 79 in the Standard Industrial Classification Manual, for the following Groups: a. 7911 — Dance studios, schools and halls b. 7922 — Theatrical producers (except motion picture) and miscellaneous theatrical services C. 7941 — Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. 7991 — Physical fitness facilities e. 7999 — To include moped rental, motorcycle rental, rental of bicycles, schools and camps -sports instructional, scuba and skin diving instruction, sporting goods rental only. 20. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Groups: a. 801 — Offices and clinics of doctors of medicine; b. 802 — Offices and clinics of dentists; C. 803 — Offices and clinics of doctors of osteopathy; d. 804 — Offices and clinics of other health practitioners. 21. Establishments operating primarily to provide medical and dental laboratories as defined under Major Group 807 in the Standard Industrial Classification Manual, for the following Groups: a. Group 8071 — Medical Laboratories; 54 Packet Page -4ST 3/13/2012 Item 9.A. b. Group 8072 — DentaI Laboratories. 22. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 23. Establishments primarily engaged in providing library services, only including Group 8231 — Libraries. 24. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 25. Establishments operating primarily to provide engineering, accounting, research, and management for the following Groups: a. 8711 — Engineering services b. 8712 — Architectural services C. 8713 — Surveying services d. 8721 — Accounting, auditing and bookkeeping services e. 8732 — Commercial economic, sociological, and educational research f. 8741 — Management services g. 8742 — Management consulting services h. 8743 — Public relations services i. 8748 — Business consulting services. 26. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 27. Mixed multi - family residential and commercial uses located within C /01 and C /02 Tracts. Residential dwelling units shall be counted toward the maximum 1999 allowable residential dwelling units. A maximum of 390 units shall be permitted within the combined Tracts R/G8, C /01 and C /02. The commercial space shall be counted toward the maximum allowable square footage as allowed per DRI thresholds. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds, established in chapter 380 of Florida Statutes, for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), in effect on the date of approval of this PUD. This shall be monitored through the PUD monitoring process on an annual basis, and during all SDP and/or subdivision plat submittals. The mixed residential and commercial uses shall be subject to the following criteria: 5 -5 Packet Page -458- 3/13/2012 Item 9.A. a. An SDP is approved pursuant to Chapter 10 of the LDC that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development shall be limited in hours of operation, size of delivery trucks, and type of equipment; C. The residential uses are designed so that they are compatible with commercial uses; d. Residential dwelling units may be located above principal structures; e. Residential and commercial uses shall not occupy the same floor of a building in which the uses are located; f. The mixed- commercial/residential structure shall be designed to enhance the compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses, directing commercial lighting away from residential units, and separating pedestrian and vehicular access ways and parking areas from residential units; and g. The SDP shall incorporate traditional neighborhood design (TND) principles. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage 2. One caretaker's residence 3. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. C. Should market conditions not warrant commercial development within the C /03 Tract, that Tract shall be used for any uses permitted within the R/G Subdistrict, subject to all development standards setforth in Section III of this MPUD Document. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 square feet. B. Minimum Lot Width: 100 feet C. Minimum Yards (Internal): 1. Front Yard: Twenty (20) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. 5 -6 Packet Page -459- 3/13/2012 Item 9.A. 2. Side Yard: None, or a minimum of five (5) feet, with unobstructed passage from front to rear yard 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one front yard by 10 feet. 5. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with LDC provision in effect at the time or permitting." D. Minimum Yards and Buffers (External): 1. East Tamiami Trail (US 41): 50 -foot setback, except that canopies for gas stations shall maintain a 30 -foot setback, provided no gas pumps or pump islands are located closer than 30 feet from the East Tamiami Trail right - of -way. A 20 -foot landscape buffer, in accordance with Section 2.12 of this Document and Section 4.06.00 of the LDC, shall be provided along the entire frontage of US 41. In accordance with Subsection 5.05.05D 1 of the LDC, should a gasoline service station be developed, a 25 foot wide landscape buffer is required along rights -of -way adjacent to the service station. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with the LDC provisions in effect at the time or permitting. E. Minimum Distance Between Non - attached Structures: Fifteen feet (15') or one- half the sum of the building heights, whichever is greater. F. Maximum Height: Five stories or fifty feet (50'), whichever is greater, except for hotels, which may be developed up to seventy -five feet (75')in height, as measured in accordance with the LDC definition of the term "building, zoned height of '. G. Minimum Floor Area: 500 square feet per principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of 25 square feet and shall not be subject to the setback requirements set forth on Paragraph 5.4 C. above; however, in no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC provision in effect at the time or permitting. H. Off - Street Parking and Loading Requirements: As required by Section 4.05.00 of the LDC in effect at the time of SDP approval. s -7 Packet Page -460- 3/13/2012 Item 9.A. Architectural and Site Design Standards: Commercial development within this District shall conform with the guidelines and standards of Section 5.05.08 of the LDC or variance. Gray, primary and/or secondary colors shall be permitted as a predominant exterior roof colors. This is a deviation from Subsection 5.05.08C.13.b of the LDC. 5 -8 Packet Page -461- SECTION VI PRESERVE 6.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "P ", Preserve. 6.2 GENERAL DESCRIPTION Areas designated as "P ", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The configuration of these areas may change due to permitting requirements with the South Florida Water Management District, United States of America Corps of Engineers and other agencies; however, the acreage shall be generally consistent with that shown on the Master Plan. Actual acreages of preserve areas will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 6.3 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. Upland preserves 2. Wetland preserves B. Permitted Accessory Uses and Structures 1. Boardwalks, nature trails, shelters, viewing piers, viewing platforms, educational signs, kiosks, elevated golf cart paths, golf course rough areas, and docks or platforms for launching and mooring or storage of non - motorized vessels utilizing movable storage racks. 2. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements. 6.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Accessory Structures From MPUD or external development tract boundary: Fifteen Feet (15') 2. From internal tract boundary: Ten Feet (10') 6 -1 Packet Page -462- 3/13/2012 Item 9.A. 3. From lake: Zero Feet (0') 4. Maximum Height of Structures: Twenty -five Feet (25'), except for viewing platforms that may be forty feet (40') 6 -Z Packet Page -463- SECTION VII PUBLIC FACILITY 7.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "PF ", Public Facility. The PF district land is set aside for Collier County School Board to build an elementary or middle school and one acre is set aside for fire, rescue and an EMS site. Should the School Board or Fire District decide that it will not need this land, or a portion of it, then this area may be used for any uses permitted within the R/G Subdistrict, subject to all development standards set forth in R/G Subdistrict. 7.2 GENERAL DESCRIPTION Areas designated as "PF ", on the Master Plan are designed to accommodate an educational facility, and public safety services and facilities. The approximate acreage of the areas designated as "PF ", are indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 7.3 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. Educational facilities, limited to public elementary or middle school. 2. Educational plant, limited to public elementary or middle school. 3. Safety service facilities, limited to fire stations and EMS facilities. B. Accessory Uses Accessory uses customarily associated with the principal permitted uses. 7.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25') 2. Side Yard: Fifty feet (50'). 3. Rear Yard: Fifty feet (50'). 7 -1 Packet Page -464- 3/13/2012 Item 9.A. C. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. 1. Maximum height of structures — Thirty-five feet (35') 2. Minimum distance between principal structures - Ten feet (10'), or half the sum of building heights. 3. Minimum distance between accessory structures -Ten feet (10'). 4. Minimum off - street parking: Subject to Chapter 4.05.00 of the LDC. 7_? Packet Page -465- SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to set forth the development commitments for the Sabal Bay MPUD. 8.2 GENERAL All facilities shall be constructed in strict accordance with SDPs, subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A ", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66 shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document The developer, its successors or assignee, shall follow the Master Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer is bound by the commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 8.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as subdivision plat or SDP application. Subject to the provisions of Subsection 10.02.13(E) of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Sabal Bay MPUD Master Plan upon written request of the developer, subject to the provisions set forth in LDC Subsection 10.02.13E. s -1 Packet Page -466- 3/13/2012 Item 9.A. 8.4 ENGINEERING A. Except as noted and authorized as a deviation in this PUD Document, all project development will be consistent with provisions of Sections 10.02.04 and 10.02.03 of the LDC. 8.5 UTILITIES A. All County or City water distribution and sewage collection and transmission facilities to serve the project shall be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04 -51, as amended, and other applicable County or City rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County or the City of Naples, as the case may be, and shall be billed by the County or City in accordance with the County's or City's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Public Works Division, or from the City of Naples Utilities Department, whichever is applicable, in accordance with applicable franchise services boundaries. D. The developer shall reserve three requested easements, and associated utility and access easements to connect with a public right -of -way. These sites shall be used for wells (not to exceed 100' by 100' for each site) with a minimum spacing of 500 feet between wells. This conveyance shall occur at the time the SDP, or final subdivision approval for the area within the development phase that contains the easement. E. The developer shall provide a 10 foot wide utility easement on the development property along both sides of Bayshore Drive, if determined to be needed by Collier County. 8.6 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. B. The developer shall design the water management facilities in accordance with County ordinances, State, and Federal minimum design regulations in effect at the time of submittal of SDPs, or construction plans or plat approvals as the case may be. An analysis of predevelopment pollutant loading and post development s -2 Packet Page -467- 3/13/2012 Item 9.A. pollutant loading in general accordance with the Harvey Harper methodology shall be completed and submitted prior to the issuance of final site development plans or construction plan approvals. C. An excavation permit shall be required for the proposed lakes in accordance with Sibsection 22- 122(c) of Ordinance 04 -55 of Collier County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval, and shall be consistent with permits issued by the South Florida Water Management District. D. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services Staff for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the approved plans is granted. E. This developer shall obtain an Environmental Resource Permit or Early Work Permit from the South Florida Water Management District prior to SDP approval. F. The developer shall adhere to the conditions set forth in the September 23, 2003 Contribution Agreement by and between Collier Development Corporation and Collier County regarding the Lely Area Surface Water Drainage Improvements in order to further the Lely Area Stormwater Improvement Project (LASIP). 8.7 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the jurisdictional wetland boundary in all places and averaging twenty -five (25) feet from the edge of the jurisdictional wetland boundary. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules. B. A preserve area management plan shall be provided to Environmental Services Staff for approval prior to site /construction plan approval, identifying methods to address treatment of invasive exotic species, fire management, and maintenance. C. All conservation areas shall be placed under conservation easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. D. This PUD shall comply with the guidelines of the USFWS and FFWCC, and as applicable, Collier County regulations, for impacts to protected species. With respect to the Bald Eagle Management Plan, restrictions within bald eagle nest protection zones shall be in accordance with the USFWS South Florida Multi - Species Recovery Plan, May 1999 and Habitat Management Guidelines for the 8 -3 Packet Page -468- 3/13/2012 Item 9.A. Bald Eagle in the Southeast Region, USFWS 1987, except to the degree that the site specific bald eagle management plan provides for allowance or restrictions that vary from the USFWS South Florida Multi - Species Recovery Plan, May 1999 and Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS 1987. Upon receipt of technical assistance from the U.S. Fish & Wildlife Service ( USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC), all proposed improvements may be required to be removed from the Bald Eagle Primary Nest Protection Zone. A Habitat Management Plan for listed species shall be submitted to Environmental Services Staff for review and approval prior to SDP approval. E. This Bald Eagle Management Plan shall be updated to depict the location of new eagles nests, or to remove the location of nests that have been abandoned in the following manner: 1) If the nest is abandoned in accordance with US fish and Wildlife Regulations, the Bald Eagle Management Plan may be administratively updated to eliminate the abandoned nest. 2) If the eagles relocate to a tree that is not located on the subject property and the primary and secondary protection zones of the tree are located entirely outside of any area of the PUD proposed for any type of development; then the bald eagle management plan shall be administratively updated to reflect any of the following: new nest location; new primary zone location; new secondary zone location. If the eagles relocate to a tree and the primary or secondary protection zones of the tree are located on any area of the PUD proposed for any type of development; then the bald eagle management plan shall be amended and shall require a PUD amendment including public hearing before the Environmental Advisory Council (EAC), Collier County Planning Commission (CCPC) and Board of County Commissioners (BCC). F. Approximately 60 acres of the project site are identified as an old agricultural operation. Soil sampling within this former agricultural area shall be required at the time development is proposed within these areas. Sampling shall provide soil analysis for herbicides, pesticides and heavy metals. Measures needed to clean up the site shall be addressed prior to site plan/construction plan approval. G. A gopher tortoise relocation/management plan shall be submitted for review and approval at the time of final SDP /construction plan submittal, and shall be in accordance with the requirements of LDC. The success of the establishment of gopher tortoises within proposed gopher tortoise preserves shall be studied by an independent (non - governmental) party to document the success of the relocation effort. A copy of the report detailing the study and the results shall be provided to Environmental Services Department Staff. s-4 Packet Page -469- 3/13/2012 Item 9.A. H. In accordance with requests from Rookery Bay National Estuarine Research Reserve ( RBNERR) and the Conservancy of Southwest Florida (Conservancy) the Developer agrees to the following: 1. The developer shall establish a surface water hydrology monitoring program, which will include annual reports of said monitoring to be shared with RBNERR. 2. The developer shall include a provision in the conservation easement requiring notification to RBNERR and the Conservancy in advance of any changes to the conditions of, and or dedication language set forth in the project's conservation easement. The RBNERR and the Conservancy will be allowed to participate in the discussions of any proposed changes. 3. The developer shall allow the Conservancy to review and comment on the draft master declaration document pertaining to any provisions that will address language to protect and sustain the environmental integrity of the development's preserves. 4. In order to minimize environmental impacts to water quality within RBNERR, the developer shall do the following: conducting pre - development water quality testing by an independent laboratory; testing of sediments at the furthest downstream stormwater outfalls for pollutant loading prior to soil disturbance for construction of these outfall locations to assess existing sediment quality; utilizing water management Best Management Practices (BMP'sJ during construction to minimize adverse impacts on water quality during development; conducting post development water quality monitoring and reporting as set forth in Paragraph 8.7.H.1. above; and, increasing public awareness by educating residents and the homeowners' association, through signage and take - home information, of the potential damage from stormwater pollution on the environment and the importance of protecting aquatic and terrestrial resources within and nearby the RBNERR. Further, the developer shall erect signage at various locations along the RBNERR boundary, making residents and guests aware of the location and natural resource importance of the estuarine ecosystem and its management. The developer shall include water management Best Management Practices (BMPs) from the proposed Southwest Florida Basin BMP Matrix rule, with the selection of BMPs based on minimum of two (2) from Group A, two (2) from Group B, and one (1) from Group C, as part of the SFWMD ERP. 5. The developer shall disclose in the homeowner association documents that the following activities may occur on the adjacent RBNERR lands: exotic plant removal and ongoing maintenance; utilization of prescribed burns as a means of habitat management; controlling illegal dumping; management of access within RBNERR lands, controlling and trapping when necessary, feral, nuisance and domestic animals. a -s Packet Page -470- 3/13/2012 Item 9.A. 6. The two archeological sites determined to be of prehistoric cultural significance (8cr535 and 8cr 227) shall be preserved and the developer shall coordinate with the Florida Division of Historic Resources to minimize any disturbance to these sites during development and as a result of exotic vegetation removal. 8.8 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO) for the units /square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent SDP or final plat submissions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is to be processed. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. Site related improvements shall be in place by phase, and available for access, prior to the issuance of the first CO for that phase. E. Road impact fees shall be paid in accordance with Ordinance 01 -13, as amended, and section Chapter 6.02 and Section 10.02.07 of the LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a right -of -way permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as. it may be amended, 8-6 Packet Page -471- 3/13/2012 Item 9.A. and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County rights - of -way or easements, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer. L. The development shall abide by Section 6.02.00 of the LDC in regards to Transportation Demand Management (TDM) strategies required for a project that is located within and affects a Transportation Concurrency Exemption Area (TCEA). 8.9 ADDITIONAL COMMITMENTS A. The developer shall provide a minimum of one playground, for use by residents and their guests, meeting ASTM design guidelines. B. The developer shall install a pathway along the lake where the lake fronts Thomasson Drive and shall provide a minimum of three benches for public use this portion of lake - frontage. 8.10 AFFORDABLE/WORKFORCE HOUSING COMMITMENTS A. The developer, or its successors or assigns, shall pay the sum of $1,000.00 8 -7 Packet Page -472- 3/13/2012 Item 9.A. to the Collier County Affordable Housing Trust Fund for each residential unit not located within Tracts RG8, C /01 and C /02. The payment shall be made within seven (7) days on the closing of the residential unit. B. The developer or its successors or assigns shall pay the sum of fifty cents ($0.50) for each square foot of retail development constructed on the property, excluding Tracts C 101 and C /02, to the Collier County Affordable Housing Trust Fund within seven (7) days of the improvement receiving a CO. C. The payment of the sums set forth in the Section shall satisfy any obligations of the project to pay linkage fee, or similar types of fees should an ordinance establishing such fees be adopted by the Board of County Commissioners in the future. s -s Packet Page -473- 3/13/2012 Item 9.A. CU ca Z Q co N N WQ Q of N N (n W N W CR Q (D Z w U a¢ Q Z � Q Co ZCOc�a: OQLU a =Q =o Co 03 io QZZ3c� 3 O id N 0 F- Z uj W �^ V 1 Co 3/13/2012 Item 9.A. All �F1f ✓&Z' /t $9 fI Packet Page -474- CU M O w U a¢ 0 r , M All �F1f ✓&Z' /t $9 fI Packet Page -474- �!a+w � �s T T� ♦ 1 T I V1YJCJ Gf)dN AY9 TV9YS I • ° arc .N., EHIHXH , I t 0. I °� a � t on 4p .. IL w + C Cal y� 3 � t ? ! cc s j� €Jj Ce Cr `a jl - TMQ11ll&i RT -- � cc j I I11 �t 5 i i l� LLYIiI WYOIMIM 3/13/2012 Item 9.A. Nb"7d HaLSb'W (TndW ' " sllii ONI '9311INANNOJ DA R Mozauo 3 : P 1 A; aa s 4 Packet Page -475 -- 111 It a Lyg� J, it �1 �! i� i •! ii di 1 �! e lit! a L 1 ! rF YYYYYY f�i Lyg� J, it �1 �! i� i •! ii di 1 �! e lit! a L 1 ! rF K -- i �) --'�— i USER- op Packet Page 476- ^~ .A. ow--hum 10l Mw NWTWV K -- i �) --'�— i USER- op Packet Page 476- ^~ 3/13/2012 Item 9.A. SABAL BAY BALD EAGLE MANAGEMENT PLAN FOR NESTS CO -009, CO -009A, CO -024A, AND CO -028 December 2004 Revised May 2005 Prepared For: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 (239) 947 -2600 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274 -0067 Packet Page -477- Project No. 04WCI1042 3/13/2012 Item 9.A. TABLE OF CONTENTS Pane Introduction .................. Bald Eagle Habitat and Reproduction .... ............................... . Bald Eagle Status ........................... ................................................................. ..............................4 History of Management Guidelines Application Nest Locations and Site Conditions............. Nesting History and Observations .......... Bald Eagle Management Plan ......................... ............................................... ..............................7 References ........................... Packet Page -478- a LIST OF FIGURES Figure 1. Project Location Map ..................... ........ ............................... Figure 2. FLUCFCS and Wetlands Map with Bald Eagle Nest Locations ........................ ii Packet Page -479- 3/13/2012 Item 9.A. Page 3/13/2012 Item 9.A. LIST OF EXHIBITS Page Exhibit A. Aerial Photograph with Bald Eagle Nest Locations .......................... ............A -1 Exhibit B. Site Plan with Protection Zones for Bald Eagle Nests ... ............................... B -1 Packet Page -480- v 3/13/2012 Item 9.A. - INTRODUCTION This Bald Eagle Management Plan (BEMP) has been prepared for bald eagle (Haliaeetus leucocephalus) nests located on and within 1,500 feet of the 2,331.05± acre Sabal Bay property (Project) located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East; and Section 19, Township 50 South, Range 26 East, Collier County (Figure 1). This BEMP covers a total of four bald eagle nest sites including CO -009, alternate nest CO -009 (CO- 009A), alternate nest CO -024 (CO- 024A), and nest CO -028 (Figure 2). The Sabal Bay BEMP has been prepared to comply with U.S. Fish and Wildlife Service (USFWS) Habitat Management Guidelines for the Bald Eagle in the Southeast Region (USFWS 1987) (Guidelines). The bald eagle is listed as threatened by the Florida Fish and Wildlife Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS). The Project is a proposed master planned community that will include a school site, single- and multi- family residences, a golf course, a clubhouse with recreational amenities, and neighborhood commercial. The Project includes a portion of the previously permitted Lely Area Stormwater Improvement Project including the LeIy Main Canal that runs northeast to southwest through the Project. The Project'surrounding land uses are a mixture of residential developments, undeveloped land, agricultural, disturbed land, preserve, and commercial developments. On the western boundary the project abuts undeveloped lands in the southeastern most city limits of the City of Naples. Abutting the site immediately to the north is the Naples Botanical Garden, Hamilton Harbor Marina, East Naples Community Park, commercial development, Thomasson Drive, and Tamiami Trail East (U.S. 41). To the south is Rookery Bay Wildlife Sanctuary. To the east are undeveloped and agricultural lands that are part of the Wentworth PUD. BALD EAGLE HABITAT AND REPRODUCTION The following information on the biology of the bald eagle is excerpted from the South Florida Multi- Species Recovery Plan (USFWS 1999). Bald eagles are considered a water - dependant species typically found near estuaries, large lakes, reservoirs, major rivers, and some seacoast habitats (Robards and King 1966, King et al. 1972, Weekes 1974, Whitfield et al. 1974, Gerrard et al. 1975, Grier 1977, Anthony and Isaacs 1989, Wood et al. 1989). Their distribution is influenced by the availability of suitable nest and perch sites near large, open waterbodies, typically with high amounts of water- to -Iand edge. Bald eagles demonstrate a remarkable ability to tolerate perturbations to their habitat, throughout their range. Their adaptability to a variety of habitat conditions makes generalizations about habitat requirements and nesting behavior difficult. Though variable, eagles have basic habitat requirements that must be met in order to successfully reproduce and survive during the winter or non - nesting season. Florida bald eagle nests are often located in the ecotone between forest and marsh or water, and are constructed in dominant or co- dominant living pines (Pinus spp.) or bald cypress (Taxodium distichum) (McEwan and Hirth 1979). Approximately ten percent of eagle nests are located in dead Packet Page -481- COLLIER COUNTY ® PROJECT LOCATION SEC 23,24,25,26 &36, TWP 50 S, RGE 25 E SEC 19, TWP 50 S, RGE 26 E ;1 t t 3/13/2012 Item 9.A. CCIO W 8 �4 PASSARELLA and ASSOCIATES INC. s FIGURE 1. PROJECT LOCATION MAP Consuiting Ecologists s SABAL BAY Packet Page -482- DRAWN BY: P.F. DATE: 1/20/05 A, 'vVV EAGLE NEST ODE �\ 5 8/10/04 61ECKM BT 1/20/05 K.C.P. DRAW BY P.F.,W.C. 3/13/2012 Item 9.A. _ UCFCS %0= IDE DESCRIPTION ACREAG=E -CTAi COMMERCIAL AND SERVICES UNDER CONSTRUCTION 72,72 At s 3.C% !9 E1 PINE FLATWOODS. DISTURBED (0.24% EXOTICS) 101,62 At.0 42% JD E2 PINE FLATWOODS, DISTURBED 125.48% EXOTICS) 73 -21 At 3.C9: fD E3 PINE FLATWOODS. DISTURBED (50.75% EXOTICS) 156.66 At.s E.5 9: I9 E4 PINE FITWOOOS, DISTURBED (76. 100 %EXOTICS) 33.00 At .s 7.4% f9 E3 MIXED PINE FLATWOODS, DISTURBED (50.75% EXOTICS) 4.47 At ,= C2 °S 9 E SCRUBBY PINE FLATWOODS, DISTURBED (C -24 %EXOTICS) 82.21 At,= 34% �19 E2 SCRUBBY PINE FLATWOODS. DISTURBED (25.49% EXOTICS) 3.47 Ac.E 0.1% E3 SCRUBBY PINE FLATWOODS, DISTURBED (50.75 % EXOTICS) 6.46 Ac.t 0.4;, XERIC OAK 25.13 At.2 9 El XERIC OAK, DISTURBED (0-24% EXOTICS) 33.24 Ac.± 1.4% 9 E2 XERIC OAK, DISTURBED (25.49% EXOTICS) 0.59 Ac._ 0.0% BRAZILIAN PEPPER 1315 At.s 01% I BRAZILIAN PEPPER, HYDRIC 4.14 At.t 02% MELALEUCA 1.18 At.* 0.0% 1 MELALEUCA. HYDRIC 50.60 AC.t 2.1 % LIVE OAK 6.25 At._ 0.2% TO El LIVE OAK, DISTURBED (0 -24% EXOTICS) 126 Ac._ 0.1,% 19 E2 LIVE OAK, DISTURBED (25-49% EXOTICS) 0.16 At. 1; :,0% 1 E7 CABBAGE PALM, HYDRIC (0 -24% EXOTICS) 12.70 Ac. s 0.5% 1El WAX- MYRTLEIWILLOW, HYDRIC (0.24 %EXOTICS) 45.85 AC.s 1_9% 1E2 WAX• MYRTLEIWILLOW , HYDRIC (2649%EXOTICS) 1.55Ac.2: 0.1% 9E1 HARDWDODICONIFER MIXED, DISTURBED (0.24 %EXOTICS) 10.81 At.s OA% �9 E3 HARDWOODICONIFER MIXED, DISTURBED (50-75% EXOTICS) 5.67 Ac.s C2X 19 E4 HARDWOODICONIFER MIXED, DISTURBED (78-100% EXOTICS) 1.43 At._ 0.1% AUSTRALIAN PINE, HYDRIC 1.88 At. 2: 0.1% TIDAL CREEK 16,64 Ac.% 3.7% DRAINAGE CANAL 13.19 At..t 0.5% STORMWATER MANAGEMENT POND 12.31 At.s 0.5% BAYS AND ESTUARIES 3.16 At.t C.1% INLAND TIDAL PONDS 1920 Ac. s 0.8% MANGROVE SWAMPS 823.68 AC.s 25.8% DE1 MANGROVE SWAMPS, DISTURBED (0.24 %EXOTICS) 32.50AC.s 1.3% t8 E1 MIXED WETLAND HARDWOODS, DISTURBED (0-24% EXOTICS) 2.60 Ac.t 0.1% 9E2 MIXED WETLAND HARDWOODS, DISTURBED (25.49% EXOTICS) 9.79 At-±: 0.4% 99 E1 WILLOW, DISTURBED (0-24% EXOTICS) 0 -7-2 At.s 0.0% NE2 WILLOW. DISTURBED (25-49% EXOTICS) 1ASAc.s 0.1% '6 E4 CYPRESS, DRAINED (76-100% EXOTICS) 5127 At.s 2.1% D E CYPRESS, DISTURBED (0-24% EXOTICS) 42,32 Ac,x 1.89E f9 E2 CYPRESS, DISTURBED (25-49% EXOTICS) 13.DD AL.t OS% 79 E4 CYPRESS. DISTURBED (76.100% EXOTICS) 12.43 Ac.t 0.5% J15 E3 CYPRESSIPINEJCABBAGE PALM. DRAINED (5D -75% EXOTICS) SA4 Ac.= 02% E4 CYPRESSIPINEICABBAGE PALM, DRAINED (78-100% EXOTICS) 86.91 At.t 3.6% 9 Ei CYPRESS/PINE/CABBAGE PALM, DISTURBED (0-24% EXOTICS) 4.00 At.t 02% iD E2 CYPRESSIPINEICABBAGE PALM, DISTURBED (25 -49% EXOTICS) 20.80 Ac.t 0.9% ;9E3 CYPRESSIPINE /CABBAGE PALM. DISTUR13ED (50-75% EXOTICS) 3.31 At.t C.1% 9 E4 CYPRESSIPINEICABBAGE PALM, DISTURBED (76.100% EXOTICS) 199.96 Ac.t B.3% 15 E3 PINE, DRAINED 150.75% EXOTICS) 14.50 Ac.s 0.6% 09 E1 PINE, HYDRIC, DISTURBED (0-24% EXOTICS) 4.30 At. s 02% d9 E2 PINE, HYDRIC, DISTURBED (25.49% EXOTICS) 17.64 At.t 0.7% 39 E3 PINE, HYDRIC, DISTURBED (50.75% EXOTICS) 82.88 At.t 3.4% E4 PINE, HYDRIC, DISTURBED (76 -100% EXOTICS) 57.00 Ac.t 2.4% ?E1 MIXED WETLAND FOREST, DISTURBED 10-24% EXOTICS) 15.77 At._ C.7% E2 MIXED WETLAND FOREST, DISTURBED (25 -49% EXOTICS) 0.63 At -= 0.0% E3 MIXED WETLAND FOREST, DISTURBED (50 -75% EXOTICS) 2726 At.t 1.1% 9 E4 MIXED WETLAND FOREST. DISTURBED (76.1()0 % EXOTICS) 1.76 At.2 21% �9E1 WETLAND SHRUB, DISTURBED (0.24 %EXOTICS) 92.99 At.s 3.8% 9E2 WETLAND SHRUB, D167URBED(25.49 %EXOTICS) 1927 Ac.s 0.8% 9E3 WETLAND SHRUB, DISTURBED (50-75% EXOTICS) 3.01 At.s 0.1% JI FRESHWATER MARSH 13.4 <AC.t 0.6% .19 Ei FRESHWATER MARSH, DISTURBED (0-24% EXOTICS) 55.04 At.» 2.3% 19 E2 FRESHWATER MARSH. DISTURBED (25 -49% EXOTICS) 6.34 At.2 0.3% }F, SALTWATER MARSHES 3.SO Ac.s 0.1% '29 E1 SALTWATER MARSHES, DISTURBED (0.24 %EXOTICS) 2.60At_t 0.1% '09 E1 WET PRAIRIES, DISTURBED 10.24% EXOTICS) 3.55 Ae._ 0.1X 9B E2 WET PRAIRIES, DISTURBED (25 -49% EXOTICS) 023 Ac._ 0.0% .to J(n' SALTERN. DISTURBED 3.80 At.s 0.2% DISTURBED LAND 48.74 At.s 2.0% SPOILAREAS 9.98 At.s 0.4% BERM 1.27 At.s 0.1% TOT DATE IT BAY a /1n /na ! )ABAL Packet Page - 483 - 3PECIES LOCATION MAP ' , , I FIGURE 2 100.0% 0 No-, 04WC11042 3/13/2012 Item 9.A. pine trees, while two to three percent occur in other species such as Australian pine (Casuarina equisetifolia) and live oak (Quercus virginiana). The stature of nest trees decreases from north to south (Wood 1987, Wood et al. 1989), and in extreme Southwest Florida, eagle's nest in black (Avicennia germinans) and red mangroves (Rhizophora mangle), half of which are snags (Cumutt and Robertson 1994). Nest trees in South Florida are smaller and shorter than reported elsewhere; however, comparatively they are the largest trees available (Wood et al. 1989, Hardesty 1991). The small size of nest trees in South Florida relative to other nest sites throughout the eagle's range is due to the naturally smaller stature of Pinus elliottii, P. taeda, P. palustris, and P. clausa in South Florida, and the lack of pines (Pinus spp.) in extreme Southern Florida_ Bald eagles are monogamous and annual courtship behavior reinforces pair bonds (Palmer 1988). Pair bond formation includes dramatic pursuit flights, high soaring, talon locking, and cartwheeling (Johnsgard 1990). Eagle may also fly around the perimeter of their nesting areas visually communicating their presence, further establishing their territories. Pair bond behavior, as well as territory establishment and defense, probably occur concurrently throughout much of the eagle's range. Successful pair bond information ultimately leads to nest site selection and nest construction for newly formed pairs or established pairs without nests. Pairs that have previously nested may repair established nests or construct an alternate nest concurrent with copulation. Nesting activities generally begin in early September in South Florida, with egg laying occurring as early as late October and peaking in the latter part of December. Incubation may be initiated from as early as October through as late as March, depending upon Iatitude. Clutches usually consist of ori or two eggs but occasionally three or four are laid. Incubation takes approximately 35 days and fledging occurs within 10 to 12 weeks of hatching. Parental care may extend four to six weeks after fledging even though young eagles are fully developed and may not remain at the nest after fledging (USFWS 1989). BALD EAGLE STATUS The bald eagle is a federally and state listed "Threatened" species that has been protected since the mid -1970s under the Endangered Species Act of 1973 (ESA) and Chapter 68A- 27.004 Florida Administrative Code. Management and recovery efforts for the species generally have included actions to improve reproductive success and survival by: 1) reducing Ievels of persistent organochlorine pesticides, such as DDT, occurring in the environment, and 2) habitat protection. Habitat protection measures in Florida primarily have focused on protection of nesting territories through implementation of the Habitat Management Guidelines for the Bald Eagle in the Southeast Region (USFWS 1987) (Management Guidelines). Recovery goals for the bald eagle have been achieved as a result of these and related management actions throughout the United States, and the USFWS subsequently published a proposed rule in July 1999 to remove the bald eagle in the lower 48 states from the list of Threatened or Endangered wildlife. The Bald and Golden Eagle Protection Act (BGEPA) will provide primary federal protection for bald eagles following "delisting ". The FWCC documented 88 active bald eagle nesting territories in Florida during their initial surveys of this species in 1973, and that number had increased to 391 active territories whenthe Management Packet Page -484- 3/13/2012 Item 9.A. , Guidelines were implemented in 1987. The recovery goal for Florida is 1,000 breeding pairs of bald eagles, and the number of active nesting territories currently being surveyed annually in Florida exceeds 1,133 territories (Nesbitt of al. 2003). Numbers of bald eagle nests that have been documented in Lee County during this same general period have increased from six nests to approximately 62 nests that were documented during the 2002 -2003 nesting season. Peterson and Robertson (1978) reported that historic numbers of breeding pairs of bald eagles in Florida were likely "in excess of 1,000 breeding pairs," and the current population may now approximate historic densities (Steve Nesbitt, FWCC, personal communications). HISTORY OF MANAGEMENT GUIDELINES APPLICATION The Management Guidelines generally have been applied through a coordinated effort of the USFWS and FWCC by recommending certain restrictions to land use and development activities within a Primary Zone (0 - 750 feet from nest tree) and Secondary Zone (750 -1,500 feet from nest tree) around each active nest tree. The nesting territory is considered to be that area that is within 1,500 feet of the nest tree. Activities that include timber cutting, land clearing, chemical application, installation of infrastructure, and residential and commercial development generally are recommended to not occur within the Primary Zone at any time of year. The nesting season is considered to be October 1 through May 15 of each year, and the agencies generally recommend the above - mentioned activities be restricted to occur only within the Secondary Zone and only during the non - nesting season (May 16 - September 30). Nesbitt et al. (1993) evaluated the effectiveness of the Management Guidelines and concluded that bird use of nesting territories did not alter in response to construction activities where the Management Guidelines were applied. The USFWS and FWCC subsequently began modifying their recommended application of the Management Guidelines during the mid- 1990's and by 1997 had begun a standard practice of approving installation of infrastructure (i.e., land clearing, grading, road construction, construction of storm water facilities, and installation of utilities) within Secondary Zones but only during the non - nesting season. They also began approving residential and commercial construction within Secondary Zones during the nesting season at that time, but only in conjunction with a monitoring protocol to evaluate bald eagle responses to construction activities and to evaluate these modifications to their application of the Management Guidelines. Key to endorsement of exterior home construction within the Secondary Zone during the nesting season was the provision of monitoring to provide data upon which these modifications could be evaluated. Recommendations for monitoring have subsequently been formalized as Bald Eagle Monitoring Guidelines ( USFWS 2002). Millsap et al. (2002) provided further insight into the effectiveness of the Management Guidelines for protecting nesting bald eagles from development and human related disturbances. Productivity of bald eagles was compared at 60 "rural" nest sites (less than 5 percent of the land area within 1,500 meters of the nest was in intensive human use) with 60 "urban" nest sites (greater than 50 percent of the land area within 1,500 meters of the nest was in intensive human use), and it was determined that productivity was not significantly different between these nest site categories. They found that some bald eagles successfully coexist with intensive human activity and recommended it was critical to maintain suitable nesting sites (mature pine (Pinus sp.) trees) as refuges within green spaces where human activity should be prohibited during nesting periods. Packet Page -485- 3/13/2012 Item 9.A. NEST LOCATIONS AND SITE CONDITIONS Nest CO -009 is in the joint of a live slash pine tree located near the northwest side of the Sabal Bay property in Section 23, Township 50 South, Range 25 East (Figure 2). The nest is approximately 1,900± feet west of Holly Avenue, 3,150: feet west of Kelly Road, and 2, 450± feet southeast of Bayview Park (Exhibit A). Nest CO -009A is in the joint of a live slash pine tree located approximately 740± feet offsite in an out parcel on the west side of the project site in Section 26, Township 50 South, Range 25 East (Figure 2). Nest CO -009A is approximately 1,200± feet south of Holly Avenue and 2,850 feet southeast of bald eagle nest CO -009. Alternate nest CO -024 was located in the joint of a live cypress tree on the east side ofthe Sabal Bay property in Section 19, Township 50 South, Range 26 East. Following a strong cold front at the end of March 2004, the nest fell from the tree. Nest CO -024A was located approximately 1,000 feet northwest of nest site CO -024 and is believed to be the first reported alternate nest site for this previously recorded territory. CO -024A was located approximately 2, l 00± feet southwest of Tamiami Trail East (U.S. 41). Directly south of the nest, approximately 1,600: feet, is undeveloped and agricultural lands that are part of the Wentworth PUD. Nest CO -028 is located in the j oint of a large slash pine tree near the southern property boundary in Section 36, Township 50 South, Range 25 East. The nest is surrounded by undeveloped land. NESTING HISTORY AND OBSERVATIONS Nesting history and direct nesting observations for CO -009, CO -009A, CO -024, and CO -024A were obtained from FWCC and Kevin L. Erwin Consulting Ecologists, Inc. ( KLECE). Passarella and Associates, Inc. (PAI) conducted nesting observations of CO -009, CO -009A, and CO -024 for a period of three to four times per week from February 27, 2004 through March 30, 2004. According to FWCC records and KLECE observations, bald eagle nest CO -009 was last active during the 2000 -2001 season. The nest was not utilized by eagles during the 2001 -2002, 2002 -2003, or 2003 -2004 nesting seasons. KLECE documented great horned owls in nest CO -009 during the 2002 =2003 nesting season. An ecologist from PAI recorded no activity in the nest during surveys conducted three to four times per week during the month of March 2004. Nest CO -009 has not been documented as a breeding site by eagles for the last three consecutive nesting seasons. According to FWCC records nest CO -009 was inactive during the 2002 -2003 season. The FWCC stated that nest activity was undetermined for the 2003 -2004 season, due to a late flyover. Nest CO -009A is believed to be the alternate nest site for the bald eagle'breeding pair that occupy territory CO -009. According to the KLECE observations, the CO -009 alternate nest was first identified during the 2002 -2003 nesting season. The nest was observed to be active during the 2002- ] 2003 and 2003 -2004 seasons. Field observations by PAI made from approximately 1,200+- feet Packet Page -486- 3/13/2012 Item 9.A. southwest and 800± feet northeast of nest CO -009A, documented two adult bald eagles flying into the nesting area from the northwest, west, and southwest. The adult eagles were observed flying from the nesting area toward the northwest, west, and southwest during morning surveys. One juvenile bald eagle was observed soaring over the nest on March 16, 2004. Nest CO -009A has been undocumented by FWCC for the 2002 -2003 and 2003 -2004 nesting seasons. Nest CO -024A was located by Passarella and Associates, Inc. during a site visit conducted in March 2004. Adult bald eagles were observed flying to and from the nest toward the northwest, east/northeast, west, and south. Two adult eagles and two juvenile eagles were observed on the nest on March 17, 2004. One juvenile eagle was observed squatting in the nest, while the second juvenile was observed flying to perch 300± feet northwest of the nest. The nest was observed to be diminishing in size on March 30, 2004, as a result of a strong cold front which moved through the area during the weekend of March 27, 2004. During subsequent site visits it was noted that the nest had fallen from the cypress tree. Nest CO -024A was located approximately 1,000 feet northwest of nest site CO -024. The FWCC has documented nest CO -024A, located in a cypress tree, to be active for the past two nesting season. Nest CO -024 was first reported by the FWCC during the spring of 2001. On May 21, 2002 photographs were taken by KLECE documenting that the CO -024 nest had fallen from the pine tree. On November 25, 2003 and February 16, 2004 KLECE confirmed that the nest had not been rebuilt. Under the USFWS draft SLOPES guidance and Habitat Management Guidelines for the Bald Eagle in the Southeast Region, nest CO -024 is considered "lost" as of the completion of the 2004 -2005 nesting season. This lost nest determination is based on two consecutive breeding seasons (2003- 2004 and 2004 -2005) of loss of nest. Nest CO -028 was located during an aerial flyover event conducted by Passarella and Associates, Inc. on March 18, 2004. No eagles were observed during the flyover event. No further observations were recorded for CO -028. The FWCC documented nest CO -028 as active during the 2002 -2003 season, but inactive during the 2003 -2004 nesting season. BALD EAGLE MANAGEMENT PLAN FOR SABAL BAY This BEMP is proposed as part of the project and is intended to facilitate construction of residential features of the project while providing sufficient measures to minimize the potential for adverse impacts to nesting bald eagles that could occur as aresult of the proposed project. The project's site plan with protection zones is attached as Exhibit 2. Specific elements of the BEMP are as follows: 1. Infrastructure (grading; clearing; filling; paving; laying foundation; guttering; installation of underground utilities, and excavation; and installation of storm water management facilities) that will be constructed within 1,500 feet of the bald eagle nests will be installed during the non- nesting season (May 16- September 30). Infrastructure installation shall begin early during the non - nesting season, and any portion of such infrastructure installation that may require completion activities to extend into the following nesting season and/or at such time I Packet Page -487- 3/13/2012 Item 9.A. the bald eagle nest is active (courtship, nest tending, egg laying, incubation, brooding and/or the fledging of the young is, occurring), such activities shall be accomplished under the Monitoring Protocol. 2. No buildings /structures shall be constructed within 750 feet of a bald eagle nest. The project will only include surface water management areas, lakes and detention areas, within 750 feet of a bald eagle nest. Project activities (grading, clearing, excavation, and installation of storm water management facilities) that will be constructed within 750 feet of the bald eagle nests will be constructed during the non - nesting season (May 16- September 30). Any installation that may require completion activities to extend into the following nesting season and/or at such time the bald eagle nest is active (courtship, nest tending, egg laying, incubation, brooding and/or the fledging of the young is occurring), such activities shall be accomplished under the Monitoring Protocol. 3. Single - family residences shall be constructed no closer than 750 feet from a bald eagle nest. Single - family residences constructed within 1,500 feet of nest shall not exceed 35 feet in height from base flood elevation. Vertical, interior, and finish construction may occur during the non - nesting season as needed without monitoring. Vertical construction (e.g., framing, laying foundation, siding, windows, roofing, etc.) and heavy construction (grading, pouring concrete (including driveways), painting other than by hand, etc.) occurring within 1,500 feet of a nest and during the nesting season shall be accomplished under the Monitoring Protocol. Interior and finish construction that is deemed not to be heavy construction by the USFWS may continue during the nesting season within 1,500 feet without monitoring. 4. Multi- family residences shall be constructed no closer than 750 feet from a bald eagle nest. Multi- family residences constructed within 1,500 feet of nest shall not exceed 50 feet in height from base flood elevation. Vertical, interior, and finish construction may occur during the non - nesting season as needed without monitoring. Vertical construction (e.g., framing, laying foundation, siding, windows, roofing, etc.) and heavy construction (grading, pouring concrete (including driveways), painting other than by hand, etc.) occurring within 1,500 feet of a nest and during the nesting season shall be accomplished under the Monitoring Protocol. Interior and finish construction that is deemed not to be heavy construction by the USFWS may continue during the nesting season within 1,500 feet without monitoring. 5. Mid -rises shall be constructed no closer than 1,500 feet from a nest. 6. The use of any chemicals which are known to be toxic to wildlife shall be prohibited within 750 feet of a bald eagle nest, and chemicals used for purpose of controlling invasive exotic plants shall be prohibited around the base of the nest tree. 7. Outdoor lighting installed within 750 feet of a bald eagle nest shall be subdued, shielded, and directed away from the nest tree. 8. Habitat features within the project that may be utilized presently or in the future by bald eagles for nesting, foraging, roosting, and/or perching shall be protected. Should the project Packet Page -488- 3/13/2012 Item 9.A. require the removal or alteration of habitat features used by bald eagles within the project limits, the applicant shall request permission from USFWS. The applicant must supply proof through site plans or other means that the feature can not be protected versus removed or altered. a Packet Page -489- 3/13/2012 Item 9.A. REFERENCES Anthony, R.G. and F.B. Isaacs. 1989. Characteristics of bald eagle nest sites in Oregon. Journal of Wildlife Management 53(1): 148 -159. Cumutt, J.L and W.B. Robertson, Jr. 1994. Bald eagle nest site characteristics in south Florida. Journal of Wildlife Management 58(2):218 -221. Gerrard, J.M., P.N. Gerrard, W.J. Maher, and D.W.A. Whitfield. 1975. Factors influencing nest site selection of bald eagles in northern Saskatchewan and Manitoba. Blue Jay 33(3): 169 -176. Grier, J.W. 1.977. Quadrat sampling of a nesting population of bald eagles. Journal of Wildlife Management 41 :43 8 -443. Hardesty, J.L. 1991. Conservation of coastal nesting bald eagles in Florida: history, demography, and habitat use. Unpublished Masters Thesis, University of Florida; Gainesville, Florida. Johnsgard, P.A. 1990. Hawks, Eagles, and Falcons ofNorth America. Smithsonian Institution Press; Washington, D.C. King, J., F. Robards, and C. Lensink. 1972. Census of the bald eagle breeding population in southeast Alaska. Joumal of Wildlife Management 36:1292 -1295. McEwan, L.C. and D.H. Hirth. 1979. Southern bald eagle productivity and nest site selection. Journal of Wildlife Management 43:585 -594. Mills`ap, B., L. Phillips, L. McConnell, N. Douglass, S. Taylor, J. Jones, T. Breen, and T. Steffer. 2002. Comparative fecundity and survival of bald eagles fledged from suburban and rural natal areas. WCC Annual Performance Report. Nesbitt, S.A., M.J. Folk, and D.A. Wood. 1993. Effectiveness of bald eagle habitat protection guidelines in Florida. Proc. Annu. Conf. SEAFWA. Pp. 333 -338. Packet Page -490- 3/13/2012 Item 9.A. REFERENCES (continued) Nesbitt, S.A., J.A. Bozzo, N.J. Douglass, K. Lamonte, P.S. Kubilis, T.W. Regan, S.T. Schwikert, and J.H. White. 2003. Bald eagle population monitoring. FWCC Annual Performance Report. Palmer, R.S. 1988. Handbook of North American Birds, Volume 4. Yale University Press; New Haven, Connecticut. Peterson, D.W. and W.B. Robertson, Jr. 1978. Threatened southern bald eagle. Pages 27 -30 in: H.W. Kale II, ed. Rare and endangered biota of Florida: volume two, birds.. University Presses Florida; Gainesville, Florida. Robards, R.C. and J. G. King. 1966. Nesting and productivity ofbald eagles, southeast Alaska, 1966. U.S Fish and Wildlife Service; Juneau, Alaska. U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. U.S. Fish and Wildlife Service. 1989. Southeastern states bald eagle recovery plan, U.S. Fish and Wildlife Service; Atlanta, Georgia. U.S. Fish and Wildlife Service. 1999. Multi- species recovery plan for south Florida. U.S. Fish and Wildlife Service, Vero Beach, Florida. U.S. Fish and Wildlife Service. 2002. Bald Eagle Monitoring Guidelines. ' \Veekes, F.M. 1974. A survey of bald eagle nesting attempts in southern Ontario, 1969 -1973. Canadian Field Naturalist 88(4):415 -419. . Whitfield, D.W.A., J.M. Gerrard, W.J. Maher, and D.W. Davis. 1974. Bald eagle nesting habitat, density and reproduction in central Saskatchewan and Manitoba. Canada Field Naturalist 88(4):399 -407. 11 Packet Page -491- 3/13/2012 Item 9.A. REFERENCES (continued) Wood, P.B., T.C. Edwards, and M.W. Collopy. 1989. Characteristics of bald eagle nesting habitat in Florida. Journal of Wildlife Management 53(2): 441 -449. Wood, P.B. 1987. Distribution, ownership status, and habitat characteristics of bald eagle nest sites in Florida. Final report Nongame Wildlife Project 85 -020, Florida Game and Fresh Water Fish Commission; Tallahassee, Florida. Packet Page -492- 3/13/2012 Item 9.A. EXHIBIT A AERIAL WITH NEST LOCATIONS Packet Page -493- 3/13/2012 Item 9.A. o � W H J ; e U W N 0 0�- Z LLa7 O } Q is Q m Q N w 0 e Page -494- 3/13/2012 Item 9.A. EXHIBIT B SITE PLAN WITH PROTECTION ZONES FOR NESTS Packet Page -495- �J W {y _ in y J a o 0 0 I I � 11 I 1 1 3/13/2012 Item 9.A. - 0 I1 020 y ## N aV' LU ? C I Q N 2 to ¢ p W O N I �o a � O lu 1 3.4 I. 020 y ## N aV' LU ? C I Q N 2 to ¢ p W O N I 3/13/2012 Item 9.A. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005 -59 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005. DWIGHT E. BROCK %c `' .. • ? ..'�Z� Clerk of Courts ant . Clerk._ •: Ex- officio to Boa i^d' bf County Commissioin�t h -` By: Ann Jennejohn, Deputy Clerk Packet Page -497- 3/13/2012 Item 9.A. ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 05 -59, THE SABAL BAY MIXED USE PLANNED UNIT DEVELOPMENT, BY AMENDING THE PUD DOCUMENT, EXHIBIT A, TO PROVIDE FOR: CHANGES IN DEVELOPMENT STANDARDS INCLUDING RIGHT OF WAY WIDTHS AND SIDEWALKS; ADDITION OF GENERAL PERMITTED USES TO INCLUDE OUTSIDE STORAGE AND TELECOMMUNICATION FACILITIES; REMOVAL OF GOLF AS A PERNHTTED USE; ADDITION OF CAR WASH, POST OFFICE, DOCKS AND ELECTRIC BOATS AS ALLOWABLE USES IN THE RECREATIONIVILLAGE CENTER TRACT; INCREASE OF PRESERVE BY 45 ACRES; INCREASE IN FLOOR AREA RATIO FOR ADULT LIVING FACILITY AND INCREASE IN HEIGHT; REMOVAL OF AFFORDABLE HOUSING AND REMOVAL OF BALD EAGLE MANAGEMENT PLAN AND GOPHER TORTOISE RELOCATION MANAGEMENT PLAN ON PROPERTY LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U. S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY IN SECTIONS 239 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416 +/- ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 15, 2005, the Board of County Commissioners approved Ordinance No. 05 -59 which established the Sabal Bay Mixed Use Planned Unit Development (PUD); and WHEREAS, Margaret Perry of Wilson Miller Stantec and R. Bruce Anderson, Esquire of Roetzel & Andress, LPA representing CDC Land Investments, Inc. and Collier Land Development, Inc., petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance No. 05 -59, the Sabal Bay. Mixed Use Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Sabal Bay MPUD/PUDA- PL2011 -47 Rev. 1/26/12 Page 1 of 2 Packet Page -498- 3/13/2012 Item 9.A. SECTION ONE: AMENDMENTS TO THE PUD DOCUMENT EXHIBIT A OF ORDINANCE NO. 05-59 The PUD Document, Exhibit A of Ordinance No. 05 -59, is hereby amended and replaced with Exhibit A attached to this ordinance amendment. SECTION TWO: REMOVAL OF APPENDIX A OF THE PUD DOCUMENT EXHIBIT A OF ORDINANCE NO. 05-59 Appendix A of the PUD Document, Exhibit A of Ordinance No. 05 -59, which contains the Bald Eagle Management Plan, is hereby deleted in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of 12012 ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams1ti Assistant County Attorney Attachment: Exhibit A - PUD Document CP\l l - CPS - 01105 \76 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Sabal Bay MPUD/PUDA- PL2011 -47 Rev. 1/26/12 Pace 2 of 2 Packet Page -499- FRED W. COYLE, Chairman 3/13/2012 Item 9.A. Sabal Bay A NUXED -USE PLANNED UNIT DEVELOPMENT 2,416.9549 +/- Acres Located in Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida PREPARED FOR CDC Land Investments, Inc. and Collier Land Development, Inc. 2550 Goodlette Road North, #100 Naples, FL 34103 PREPARED BY: • MWAwes , s 6610 Willow Palk T1..S a St4e •Inn Naples, FL 3410-9 WilsonMiller Stantec 3200 Bailev Lane. Suite 200 Naples, FL 34105 And P.A. Naples, FL 34183 Roetzel and Andress 850 Park Shore Drive: Trianon Centre, 3rd Floor Naples. FL 34103 DATE REVIEWED BY CCPC DATE REVIEWED BY BCC ORDINANCE NUMBER AMENDMENT AND /OR REPEAL Words underlined are additions; words rAFuGk t#r�h are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 Packet Page -500- TABLE OF CONTENTS 3/13/2012 Item 9.A. PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE u SECTION I LEGAL DESCRIPTION, PROPER a°� 141 ,—& 1 -1 GENERAL DESCRIPTION, AND DENSITY SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL F C'WW) 3 -1 SECTION IV RECREATIONNILLAGE CENTER ( "RECNC ") 41 SECTION V COMMERCIAL /OFFICE ( "CO') 5 -1 SECTION VI PRESERVE ("P ") 6 -1 SECTION VII PUBLIC FACILITIES ( "PF ") 7 -1 SECTION VIII I GENERAL DEVELOPMENT COMMITMENTS 8 -1 EXHIBIT A MPUD MASTER PLAN EXHIBIT B LEGAL DESCRIPTION EXHIBIT C SCHEDULE OF DEVIATIONS i Words underlined are additions; words stFusk thFaugh are deletions. Sabal Bay MPUD Amendment – PUDA- PL2011 Packet Page -501- 3/13/2012 Item 9.A. STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the applicants, WQ Cewmmnifies, hw—., (WGI); a CDC Land Investments, Inc., and Collier Land Development. Inc., hereinafter referred to eelleetWely as the devsleg Owners to create a Mixed -Use Planned Unit Development (MPUD) on 2,416.8849 +/- acres of land located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The name of this MPUD shall be Sabal Bay. The development of Sabal Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the GMP goals, objectives and policies, , and other applicable regulations for the following reasons: I. The subject property is within the Urban Coastal Fringe Sub - District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe Sub - District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. a) The proposed residential density of Sabal Bay is 4-.26 0.85 dwelling units (DUs) per acre, 1,999 units/ -2,350 acres, which excludes the site, 50 acres of commercial uses, 12.40 and the 16 acres of recreation/ ' e center uses :711.67 awes ef tidal weQaad . This density is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The base density allowed by the FLUE for the entire subject property is four (4) DUs per acre. Due to the project's location within the Traffic Congestion Zone, one (1) dwelling unit is subtracted from the base density permitting a maximum density of three (3) dwelling units per acre. b) The maximum combined density and intensity within this PUD shall not exceed the Development of Regional Impact (DRI) thresholds for mixed -use developments, established for Collier County on the date of adoption of this PUD. Specifically, this PUD is limited to a maximum of one - hundred and sixty percent (160 %) of any combination of the individual DRI thresholds for three or more uses, including residential, office, and retail, and uses, and no single use exceeds one - hundred percent (100 %) of the DRI threshold for that use. Further, in no case shall commercial uses, inclusive of the existing 87,038 101,894 square feet of existing commercial development, exceed the following: 250 hotel rooms; 200,000 square feet of retail; and, 60,000 square feet of office. c) The undeveloped and developed commercial acreage is consistent with the provisions of the FLUE as it is located within Activity Center # 17 at US 41 and Thomasson Drive. d) Commercial uses within the Recreation/Village Center District are consistent with FLUE Map -11, which identifies existing zoning consistent with the FLUE by Policies 5 -9, 5 -10, 5- 11, and 5 -12. Moreover, the area and allowable uses within the Recreation/Village Center District are consistent with the provisions set forth in Policy 5.1. ii Words underlined are additions; words s#FUsk thFeugh are deletions. Sabal Bay MPUD Amendment — PUDA- Pt2011 Packet Page -502- 3/13/2012 Item 9.A. 3. The Sabal Bay MPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with the LDC as set forth in Objective 3 of the FLUE. 5. The development of the Sabal Bay MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The Sabal Bay MPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10, of the LDC. Transportation concurrency is partially vested in that the Develeperis Owners are entitled to a Certificate of Adequate Public Facilities for transportation concurrency for 1,766 dwelling units, upon compliance with the provisions set forth in the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, and further amended on April 22, 2008 and June 22, 2010 between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. 8. By virtue of compliance with the provisions of Chapter 6, of the LDC, the project will also implement, aad further Objective 2.0 of the FLUE, Objective 1.2 of the Sanitary Sewer Sub - Element, and Objective 1.5 of the Recreation and Open Space Element. 9. The native vegetation provisions of the Sabal Bay MPUD implement Policy 6. 1.1 of the Conservation Coastal Management Element in that native preserves will be incorporated into the project design. 10. The development's commitment regarding the Lely Area Stormwater Improvement Project (Section 8.6(E) of this Document) is consistent with and furthers Policy 1.3.4 of the Drainage Sub - element of the Public Facilities Element in that it improves the existing Lely Canal drainage facility. SHORT T rME This ordinance shall be known and cited as the "SABAL BAY PUD MIXED -USE PLANNED UNIT DEVELOPMENT ORDINANCE ". iii Words underlined are additions; words stmek tom# are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 Packet Page -503- 3/13/2012 Item 9.A. SECTION I LEGAL DESCRIPTION, GENERAL DESCRIPTION, AND DENSITY 1.1 PURPOSE The purpose of this Section is to set forth the legal description end -ewmsWg of the Sabal Bay MPUD, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The subject property referred to within this Document as "project site" and "project area ", is comprised of 2,416.8549 +/- acres, and located within Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, and is legally described as: See Exhibit "B" 1.3 GENERAL DESCRIPTION OF PROPERTY A. The subject property is located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The property is generally located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway in the western portion of Collier County. B. The zoning classification of the subject property, at the time of the MPUD application is PUD, A. - Agriculture, and A -ST — Agriculture Special Treatment Overlay. C. Elevations within the subject property are approximately 8 to 11 feet above MSL. Per- r1:AIA Fkm "nap Panel No. 1-200670 581 F, 1200670 982 , 120040 553 12006n 584 E, and 1209670 605 E, dated August 3, 1992, &e Sabal Bay pEepeAy Finished floor elevations within the Sabal Bay development will be set in accordance with the FEMA Flood Elevation or SFWN1D ERP in effect at the time of development permitting, whichever is greater. D. A large portion of the subject property contains native vegetation habitats of varying quality. The property also contains a significant amount of jurisdictional wetlands. An Environmental Impact Statement (EIS) has been submitted, pursuant to Subsection 10.02.02(A) of the LDC, and provisions for on -site preservation of higher quality wetlands, interspersed with uplands, are incorporated into the design of the conceptual master plan, and overall water management system. The Saba] Bay MPUD contains a wide variety of vegetative communities inventoried and 1 -1 Words underlined are additions; words &wek thFough are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 Packet Page -504- 3/13/2012 Item 9.A. mapped in the EIS. The site has been designed to provide for onsite protection of habitat for listed species. E. The soil types on the subject property include a variety of hydric and non - hydric soils listed in EIS. F. The subject property is located within the Collier- runty_ Water_ M.an Lely Main Canal, Lely Manor Canal and Miscellaneous Coastal drainage basins. G. A portion of the subject property is located within the City of Naples Water Service District. H. The subject property is partially developed pursuant to the January 7, 2002 Preliminary Development Agreement (PDA) with the State of Florida's Department of Community Affairs to allow development on 83 acres of the property within Collier County. 1.4 DENSITY A. A maximum of 1999 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office (C /O) development; and Village Commercial (REC/VQ, fidel- wetlands, and platted rights -e&way, is approximately 44" 2,350 acres. The gross project density shall be a maximum of 4-.M 0.85 dwelling units per acre. 1 -2 Words underlined are additions; words stmek through are deletions. Sabai Bay MPUD Amendment— PUDA- PL2011 Packet Page -505- SECTION H PROJECT DEVELOPMENT 2.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to generally describe the plan of development for the Sabal Bay MPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Sabal Bay MPUD will be a mixed -use planned unit development. The MPUD will incorporate residential, gelP, commercial, recreational, and preserve land uses. The northeastern portion of the property along US 41 is located within Activity Center #17 and shall allow for commercial/office uses. There currently exists 57;838101,894 square feet of retail development within the MPUD authorized to be constructed pursuant to a PDA between Collier Development Corporation and the State of Florida Department of Community Affairs. The other uses shall be distributed throughout the remainder of the MPUD property, as set forth on the MPUD Master Plan (Exhibit A). Access to the property shall be from East Tamiami Trail (US 41), Thomasson Drive, Hamilton Avenue and Bayshore Drive. The project will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services shall be provided as deemed appropriate. B. The MPUD Master Plan is illustrated graphically as Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The Master Plan is conceptual, and the location, size, and configuration of individual, residential, commercial, recreational areas, water management features, and tract development areas shall be determined at the time of site development plan (SDP) and/or subdivision plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Sabal Bay MPUD shall be in accordance with the contents of this MPUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this MPUD Ordinance) and the GMP in effect at the time of issuance of any development order to which said regulations authorize the construction of improvements, such as but not limited to subdivision plat, SDP, excavation permit and preliminary work authorization. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. 2 -1 Words underlined are additions; words stFusk thFOWh are deletions. Sabal Bay MPUD Amendment— PUPA- PL2011 Packet Page -506- 3/13/2012 Item 9.A. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this MPUD shall be subject to the Adequate Public Facilities Ordinance, Section 6.02.00 and Section 10.02.07 of the LDC. At this time, 1,766 residential units are vested for transportation concurrency pursuant to the terms of the Standard Form Collier County Contribution Agreement for !toad Impact Fee Credits dated October 22, 2002, and amended AR12 22, 2008 and June 22, 2010, between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. In addition, 87,038101,894 square feet of commercial development exists within the MPUD boundary. D. Unless modified, waived or excepted by this MPUD or by subsequent request, the provisions of other sections of the LDC remain in effect with respect to the development of the land which comprises this MPUD. E. All conditions imposed herein or as represented on the Sabal Bay Master Plan are part of the regulations which govern the manner in which the land may be developed F. The Subdivisions Division of the LDC (Section 10.02.04 and Appendix B) shall apply to the Sabal Bay MPUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to Subsection 10.02.02(B) the LDC. G. The Site Development Plans Section of the LDC (10.02.03) shall apply to the Sabal Bay MPUD, except where an exemption is set forth herein or otherwise granted pursuant to Subsection 10.02.03(B) of the LDC. H. Recognizing that the MPUD Master Plan does not designate specific dwelling unit types, the type of dwelling unit which characterizes the initial development of any platted tract or phase of a platted tract shall be carried out throughout the development of that tract or phase. I. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as they exist on the date the MPUD is approved. The project shall be monitored through the PUD monitoring process on an annual basis and during SDP and/or subdivision plat review process, as may be applicable. 2.4 ROADWAYS A. Roadways within the Sabal Bay MPUD shall be privately and/or CDD owned and maintained, except for Thomasson and X-®e Cardinal Way, which will be public roads. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or 2 -2 Words underlined are additions; words stFusk thsagh are deletions. Sabal Bay MPUD Amendment— PUDA- PI2011 Packet Page -507- 3/13/2012 Item 9.A. excepted by this MPUD or approved during subdivision plat approval. The deyelepm Owners reserves the right to request substitutions to design standards in accordance with Subsection 10.02.04(A)(3) of the LDC. The develop Owners retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the develeper Owners on all internal and privately owned and maintained project roadways. B. Roadways within the Sabal Bay MPUD shall be designed and constructed in accordance with Chapter 10 of the LDC with the following substitutions: 1. Streets and access improvements a. Street Right -of -Way Width: At the discretion of the develeper- Owners, the minimum right -of -way width to be utilized for local streets and cul -de- sacs may be fifty feet (50'), a deviation from LDC Subsection 6.06.01(0) that requires rights -of- way for local roads to be at least sixty feet (60'). Drive aisles serving multi - family tracts shall not be required to meet this standard. Additionally, in specific cases where development roadways cross potential wetland or upland preserves the Owners shall have the abilityto reduce the required right-of-Way width below the current 50 -foot Minimum to a width of no less than 40 feet. b. Dead -end Streets: Cul -de -sacs may exceed a length of one thousand feet (1,000'), a deviation from LDC Subsection 6.06.010 that limits cul-de -sacs to 1,000 feet. c. Reverse Curves: Tangents between reverse curves are not required for any local street design in this MPUD. A deviation from Section III, Exhibit "A ", Design Requirements for Subdivisions C.13 ;j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66. d. In specific cases where development roadways cross potential wetland or upland preserves, the Owners shall have the ability to utilize rip -rap backslope treatment with a slope no steeper than 2:1, and for a maximum height of 36 inches for the length of the roadway crossing, a deviation from Section 4.06.05.j. Owners may utilize structural retaining wall to minimize potential wetland or upland immpacts for backfill elevations exceeding 36 _inches in height for the length of the roadway crossing. In these specific cases, a guard rail system designed to withstand vehicular impact will be provided. 2 -3 Words underlined are additions; words StMek- #rough are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -508- 3/13/2012 Item 9.A. 2.5 SIDEWALKSBIKEPATHS, BIKE LANES A. Sidewalks: All privately and/or CDD owned roads internal to the Sabal BaMPUD ether- den leeal fe shall have a minimum six five foot (g 5') wide sidewalk on both sides of the street as illustrated on Exhibit A, or a minimum ten foot (10') wide pathway on one side of the street which may meander in and out of the right -of -way. This constitutes a deviation from LDC Subsection 6.06.02.A which requires arterial and collector roadways to provide a six foot j6') wide sidewalk on both sides of the street. 13. Bike Imes 9MI be pfevided on both sides ef eelleet-eF and a#eFW st-eets. G:$. Pursuant to Chapter 6.06.02 of the LDC, sidewalks/bike paths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right -of -way serving the adjacent residential tract. 2. Sidewalks may be located outside platted rights -of -way when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment at the point of encroachment. 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 22- 122(aj) of the Collier County Code of Laws and Ordinances may be reduced subject to the provisions established in Section 22- 122(aj) of the Collier County Code of Laws and Ordinances. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 22- 122(e2) of Collier County Code of Laws and Ordinances, and subject to permit approval from the South Florida Water Management District. Removal of fill and rock from the Sabal Bay MPUD shall be administratively permitted to an amount up to ten (10) percent per- lake (20,000 cubic yards maximum), unless the project is issued a commercial excavation permit. 2.7 FILL STORAGE Fill storage is generally allowed throughout the Sabal Bay MPUD. Fill may be transported and stockpiled within areas that have been disturbed / or farmed. Prior to stockpiling in these locations, the develepeF Owners shall notify the County Manager or his designee and shall demonstrate compliance with the following standards: 1. Stockpile maximum slope: 2:1 2. Stockpile maximum height: Thirty Feet (30') 2-4 Words underlined are additions; words stFUsk through are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -509- 3/13/2012 Item 9.A. 3. Fill storage in excess of six feet (6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. This excludes fill storage areas associated with the Lely Area Surface Drainage Improvements Project. 4. Soil erosion control shall be provided in accordance Subsection 10.02.02.0 of the LDC. 5. Stockpiles with side slopes greater than 4;1 shall be fenced with childproof fencing. 2.8 USE OF PRIVATE AND /OR CDD RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.9 MODEL HOMES /SALES CENTERS /SALES OFFICES/ CONSTRUCTION OFFICES A. Models, sales/rental centers and other uses and structures related to the promotion and sale, resale, and/or rental of real estate and/er--�sports memberships such as, but not limited to, pavilions, viewing platforms, gazebos, tents, parking areas, and signs, shall be permitted principal uses throughout the Sabal Bay MPUD subject to the requirements of Chapters 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the LDC. Such temporary use permits shall be valid through the life of the project with no extension of the temporary use permit required. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and, where required, associated SDP or site improvement plan (SIP) application(s) for residential models, shall be submitted, and approved pursuant to Chapters 4.05.00, 4.06.00, 5.06.00, and 5.04.04 of the LDC, with applications for the subdivision plat. The location of the model units within a future platted lot shall be depicted on the SDP or SIP, as the case may be. All model units shall be located on lots that will be platted through subsequent development order approvals, and shall comply with all development standards applicable to said lots. C. Temporary uses for sales centers may be serviced by temporary well and septic systems. D. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re -sale of residences within the boundaries of the Sabal Bay MPUD andh r a ac sports club memberships. 2.10 CHANGES AND AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN 2 -5 Words underlined are additions; words stFuGk thFough are deletions. Saba! Bay MPUD Amendment— PUDA- PL2011 Packet Page -510- 3/13/2012 Item 9.A. Changes and amendments may be made to this MPUD Ordinance, MPUD Master Plan as provided in LDC Subsection 10.02.13.E. Minor changes and refinements as described in Section 8.3 C of this Document, may be made by the &Mep Owners in connection with any type of development or permit application required by the LDC. 2.11 COMMON AREA MAINTENANCE Common area maintenance shall be provided by a Community Development District (CDD) established pursuant to Chapter 190, Florida Statutes, or by a property owners' association. For those areas not maintained by a CDD, the develepeF Owners will create a property owners' association or associations, whose fwictions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems. 2.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Sabal Bay MPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms: 4:1 2. Ground covered beans: a. Perimeter: 3:1 b. Internal to project: 3:1 3. Other slope stabilizing materials and landscape features, including natural or manmade rock features and geotextile mats, where necessary, excluding rip rap: 1:1 4. Structural walled berms: vertical B. Fence or wall maximum height: 1. Perimeter fences or walls and fences and walls separating commercial uses in the COI, CO2. and CO3 areas from residential areas shall be permitted at a height of up to eight feet (8'), as measured &em the finished gmde e greund at the base ef the fenee n top of a berm of up to four feet M. This constitutes a deviation from Subsection 5.03.029.0 of the LDC 9 2. All other fences or walls shall not exceed a height of six feet (6') as measured from the finished floor elevation of the nearest residential structure. Fences or walls constructed on a landscaped berm shall not exceed 2 -6 Words underlined are additions; words stFusk thsagh are deletions. Saba[ Bay MPUD Amendment— PUDA- PL201' Packet Page -511- 3/13/2012 Item 9.A. a height of six feet (6'), as measured from the top of the berm and the combination of berm and fence shall not exceed eight feet (8'), as measured from existing grade. 3. Entrance features, which are an integral part of security and access control structures such as gatehouses and control gates, shall be subject to the height limitations for principal residential structures, not to exceed 35 feet. C. Pedestrian sidewalks and/or bike paths and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location, as required in Chapter 4.06.02 of the LDC. Water management systems, and drainage structures, shall be permitted within a required buffer as provided in Subsection 4.06.02D(4) of the LDC. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Policy 5.6 of the FLUE of the Collier County GNU. B. The Sabal Bay MPUD is a planned community and shall be developed under unified control. The develop Owners will establish design guidelines and standards to ensure a high and consistent level of quality for residential units and related community features and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sabal Bay MPUD except in the Preserve Area. General permitted uses are those uses which generally serve the develepe Owners and residents of the Sabal Bay MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Water management facilities and related structures. 2. Irrigation treatment and distribution facilities. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank. treatments. 2 -7 Words underlined are additions; words stFusk thFeugh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 Packet Page -512- 3/13/2012 Item 9.A. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the developer Owners and develepe�s Owners' authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.12 of this Document. 9. Outside storage areas for recreational vehicles, trailers, and similar uses for the use by the nroiect's residents and Guests, excluding boats m the R5 area only. If this use is provided. the Owners shall install an eight foot (8') high wall or fence on tap of a four foot (4') berm for screening6Nffering purposes prior to any storage use. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — Twelve feet (12') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from MPUD boundary: See Table I, Section III, Development Standards. 3. Minimum distance between unrelated structures - Ten feet (10') 4. Maximum height of structures --. See Table I, Section III Development Standards. 5. Minimum floor area — None required. 6. Minimum lot or parcel area — None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of SDP approval. 2.15 OPEN SPACE REQUIREMENTS The Collier County LDC requires that nixed -use residential projects maintain open space at a minimum of 30% 'of the entire MPUD. The MPUD Master Plan identifies preserves, 2 -8 Words underlined are additions; words stFuek4hF9Ugh are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -513- 3/13/2012 Item 9.A. lakes, recreation tracts, including golf aeume -maj aPA buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Subsection 4.02.01B of the LDC for mixed -use developments. 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of 559.52 537.61 acres (25% of the 2,238.07 2,150.45 +/- acres of native vegetation on site) is required to be retained or replanted. For the purposes of this MPUD, the Preserve Tracts, which equal M% 61% +/- (1,256.24 r 1.302 acres) of the 2,238:9 7- 2,150.45 +/- acres of native vegetation occurring on site, will fully satisfy the native vegetation requirements of Collier County. No other, vegetation relocation or revegetation is required. Of the 2,416.0849 t acres on the project site, 178.01 266.04 f acres are not considered habitats with native vegetation present. Those habitats not included as native vegetation habitats include commercial uses, open water, cleared lands, and agricultural lands. Of the remaining habitat types, exotic plant species coverage was not evaluated according to canopy coverage alone; therefore, these habitats are not excluded from the native vegetation preservation requirement pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the GMP. Since the, on -site preserve will exceed the GMP requirement, the applicant has elected not to further evaluate native habitats on -site to exclude them from this requirement. 2.17 SIGNAGE. A. GENERAL All signs shall be in accordance with Section 5.06.00 of the LDC except in the following instances. Two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet as measured from finished grade, These signs shall not contain more than the project name of the individual tract, the main project name or any major use, the insignia or motto of the project and the develeper-'s Owners' name and logo. Said signs shall be located so that they are visible only internal to the Sabal Bay MPUD. This constitutes a deviation from Subsection 5.06.040 02.B.6 of the LDC, which limits such signs to 64 square feet. 2. Two ground signs are permitted for each project entrance (on US 41, Thomasson Drive, Hamilton Avenue and Bayshore Drive), and shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the develeper's - Owners' 2 -9 Words underlined are additions; words stmek through are deletions. Sabal Bay MPUD Amendment — PUDA- PI2011 Packet Page -514- 3/13/2012 Item 9.A. name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. This constitutes a deviation from LDC Section 5.06.05 02 and 5.06.04 which limits such signs to 64 square feet. 3. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A "). The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two - sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's Owners' name and logo. 4. In the case of commercial development within the RECNC District, which is internalized within the MPUD, and in consideration of mixed -use and/or neo- traditional development, signage may vary from the requirements of Chapter 5.06.00 of the LDC. 5. Traffic signs, such as street signs, stop signs, speed limit signs, internal directional signs, and the like, shall be designed to reflect a common architectural theme. The placement and size of such signs shall be in accordance with the LDC, or other applicable County regulations. 2 -10 Words underlined are additions; words shraUgh are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -515- SECTION III RESIDE 3.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as "Ra ", Residential/Gel€ 3.2 MAXIMUM DWELLING UNITS A maximum of 1,999 approved residential dwelling units may be constructed on lands designated "R &" Residential on the MPUD Master Plan. For purposes of project density, 4 ALF /CCRC units shall constitute 1 gel€ residential dwelling unit. However, the maximum density on tract RIG 8 is limited to 390 dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "R/6," Residential,49el€, on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.14 of this Document, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "Rig', Residential/GeK, is indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development pacts will be provided at the time of SDP, or subdivision plat approvals, in accordance with Sections 10.02.03 and 10.02.04 of the LDC. Residential/Gelf tracts are designed to accommodate internal roadways, open spaces, gel€ eetwse uses and other similar uses found in residential areas. 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: 1. Single family attached and detached dwellings, townhomes. 2. Single family and zero lot line dwellings. 3. Two - family and duplex dwellings. 4. Multi- family dwellings including mid -rise, coach home and garden apartments. Multi- family buildings are limited to a maximum building height of 50 feet measured as set forth in the LDC Section 1.08.02 3 -1 Words underlined are additions; words StNek thFOUgh are deletions. Sabal Bay MPUD Amendment- PUDA- PL2011 Packet Page -516- 3/13/2012 Item 9.A. Definitions "building, zoned height of', except that within tract RG4, depicted on Exhibit "A ", multi - family buildings shall be permitted up to a height of 10 residential floors over parking, not to exceed a zoned height of 150 feet', and an actual height of 165 feet. 5. Timeshares which shall not be counted as temporary lodging units but which shall be counted as residential dwelling units. 6. Model homes and model home centers including offices for project administration, construction, sales and marketing. 7. Assisted living facilities (ALF) and/or continuing care retirement communities (QCRQ with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store are permitted as ancillary uses. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF or CCRC ). No external signage or advertising is permitted in support of these ancillary medical or personal service uses. As ancillary uses, not intended for utilization by the general public, such ancillary medical or personal service uses shall be limited in size and intensity to an amount determined to be necessary to serve the residents of the ALF or CCRC, their guests, and the facility employees. ALF and/or CRRC are prohibited in the R2 -B, R5, and R7 areas as indicated on the MPUD Master Plan. 9:8 Recreational facilities such as parks, playgrounds, and pedestrian/bikeways B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. 2. Community; —and- gel€ -eewse related recreational facilities and structures including clubhouses, health and fitness facilities, restaurants, cocktail lounges, , pools, meeting rooms, community buildings, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve community residents and their guests. 3. Community and golf eeurse rel maintenance facilities, water management facilities, and utility and maintenance structures and staff offices. 3 -2 Words underlined are additions; words stFuGk thFsugh are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -517- 3.5 3/13/2012 Item 9.A. 4. Boardwalks, nature trails, shelters, viewing piers, viewm platforms, educational signs, kiosks, elevated paths, and docks or platforms for launching and mooring or storage of non- motorized vessels utilizine movable storage racks. Electric boats are an allowed accessory use. DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Sabal Bay MPUD ResidentiaYOW Area Standards not specified herein shall be those specified in Chapter 5 of the LDC in effect as of the date of adoption of this MPUD Ordinance. B. The following standards shall be applicable to the proposed ALF or CCRC use. The ALF or CCRC use is prohibited in the R2 -B. R5, and R7 areas denicted on the MPUD Master Plan. Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. 1. Minimum Lot Size: 1 acre. 2. Minimum Yard Requirements: i) Front: 25 -feet one -half (1/2) the height of the principal structure ii) Side: 15 feet one half (1/2) the sum of the height of principal structures, except no setback shall be required from any lake easement. iii) Rear: 25 f et one -half (1 /2) the hei t of the principal structure , except that no setback shall be required from any lake easement. iv) Setback from U.S. 41: same as height of the principal structure 3. Floor Area Ratio: 0.45 0.60 FAR 4. Maximum height: not to exceed a zoned height of -50 80 feet and an actual height of 95 feet. C. Site development standards for single family, zero lot line, two - family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi -family standards apply to platted: parcel boundaries, unless otherwise specified. D. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of SDP approval. Unless otherwise. indicated, required yards, heights, and floor area standards apply to principal structures. - 3 -3 Words underlined are additions; words stFurk thmugh are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -518- 3/13/2012 Item 9.A. TABLE I: SABAL BAY MPUD DEVELOPMENT STANDARDS FOR "RG" RESIDENTIAUGOLF AREA 3-4 Words underlined are additions; words stmek thFeu # are deletions. Packet Page -519- Sabal BayMPUDAmendment- PUDA- PL2011 -047 - SINGLE MULTI FAMILY/ SINGLE ZERO LOT TWO FAMILY TIMESHARE CLUBHOUSE/ ALF' SETBACK FAMILY LINE FAMILY/ ATTACHED/ DWELLINGS RECREATION C ('R(' 8 DETACHED DUPLEX TOWNHOME (EXCLUDING BUILDINGS TOWNHO SE PRINCIPAL STRUCTURES1" 3,500 SF Per Section Minimum Lot Area 5,000 SF 4,000 SF per lot or 3-5W 2600 SF NIA 10,000 SF 3.5 B unit Minimum Lot Width Z 40' 35' 35' plot 20' NIA NIA N/A 15' or .5 BH, whichever is greater, Front Yard Setback' 15' 15' 15' 15' xet to epteeed so f0A and a minimum of 75 20' Per Section 3.5 B feet from the PUD Perimeter boundary. 15' or .5 BH, whichever is greater, Front Yard for Side not to WEee d so feet; Entry Garage l0' 10' 10' 10' and a minimum of 75 N/A N/A feet from the PUD perimeter bound 15' or .5 BH, whichever is greater, Rear Yard' 10' 10' 10' 10' 41 et W mem-58 t; 15 Per Section and a minimum of 75 3.5.13 feet from the PUD perimeter bound 15' or 50% of BH, whichever is greater Side Yard 6!j 0' or 6- 59 0' or g 5' *3 0' or b=' excoad 50 10' Per Section and a minimum of 75 3.5 B feet from the PUD perimeter boundary 4 Frexr609GOU 0 0 0 0 0 0 8 From Preserve 25' 25' 25' 25' 25' 25' 25' Maximum Hei ghe 35' 35' 35' 35' 50' above FEMA 55' Per Section elevations�7 3.53 Floor Area Minimum 1200 SF 1200 SF 1200 SF 1200 SF 700 SF N/A N/A 8 S Minimum Distance 15' or .5 SBH, 15' or .5 SBH, 15' or .5 SBH, Between 10 4V ' -1.2 10' 42-t 10' 4.2110' whichever is greater 49 whichever is whichever is Principal Structures4 ACCESSORY STRUCTURES 1M4 Front SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS SPS Rear 5' 5' 5' 5' 5' 10' 10' From Preserve 10' 10' 10' 10' 10' - 10' 10' Minimum Distance Between Accessory 0' or 10' 0' or 10' 0' orl0' 0' or 10' 0' or 10'4 0' or 10i4 0' or 10' Structures on same lot Minimum Distance Between Accessory 0' or 10' 0' or 10' 0' orl0' 0' or 10' 0' or 10'4 0' or 10i4 0' or 10' and Principles Structures on same lot Maximum Height SPS SPS SPS SPS 50' SPS -W 80' 3-4 Words underlined are additions; words stmek thFeu # are deletions. Packet Page -519- Sabal BayMPUDAmendment- PUDA- PL2011 -047 - 3/13/2012 Item 9.A. BH: Building Height — measured as defined in LDC Section 1.08.02 Definitions "building, zoned height of." SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. SPS: Same as Principal Structure Front yards shall be measured as follow_ s: If the parcel is served by a public or private right -of -way, setback is .measured from. the adjacent right -of -way line. *I - Setback from lakb easements for all accessory uses and structures may be 0 feet. Setback from preserve areas shall be 25 feet for principal structures and 10 feet for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. *2 - Minimum lot width for cul- de-sac lots consistent with the measurement standards established in the LDC. *3 - Zero feet (0). Where the zero foot (0) yard option is utilized, the opposite side of the structure or attached structures shall have a twelve ten foot (4-2 LO) side yard. Where zero lot line development is proposed, a conceptual site plan shall be submitted with the application for final subdivision plat approval. The conceptual site plan shall depict the proposed location of dwelling units and the required setbacks. *4 - Distance between principal and accessory structures for multi - family development: Where common architectural themes are utilized for a common development tract, distances between principal structures may be reduced subject to Fire District approval at the time of site plan review. In no case shall the distance between principal structures be less than 10 feet or .25 SBH, whichever is greater. A common architectural theme shall be demonstrated during SDP review through submittal of drawings and renderings depicting common signage, common entry design features, common landscape and landscape features, and common architectural building design features. *5 — Building height is measured as set forth in LDC Section 1.08.02 Definitions "building, zoned height of." Actual height of structures in Single Family Detached. Zero Lot LineLTwo Family/Duplex. and Sin 1e Family Agached/Townhome categories shall not exceed fort y -five feet (451. Mid rise Multi- family /timeshare structures within Tracts- R/G4, as depicted on the MPUD Master Plan (Exhibit "A ") shall have a maximum height of 10 residential floors over parking, not to exceed 150 feet of zoned height as measured pursuant to LDC Section 1.08.02 Definitions `Buildings, zoned height of ", and a maximum actual height of 165 feet. *6 — Front loading garages shall have a minimum front yard setback 23 feet, as measured from the back of sidewalk. Side loaded garages may be located less than 23 feet from the back of sidewalk provided that the driveway design allows fnr parking of vehicles so as not to interfere with or block the sidewalk. *7 — 50 feet for WG8. *8 — Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. There is no minimum floor area established for an ALF or CCRC; however, the maximum floor area ratio (FAR) is e c as set F -,h in Section c nc 04 of the r DG .60 The ALF /CCRC use is prohibited in the 112 -B. R5, and R7 areas. *9 — Minimum separation between parking decks under mid -rise structures shall not be less than 60 feet. 10 - In no instance shall a stricture encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC applicable provisions in effect at the time or permitting. 11 - -sera' "Zoned" 3 -5 Words underlined are additions; words GtFUGk thFaue#~} are deletions. Packet Page -520- Saba[ Bay MPUD Amendment — PUDA-PL2011-047 — SECTION V COMMERCIAL /OFFICE 5.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to set forth the development plan for tracts designated as "C /O ", Commercial /Office on Exhibit "A ", MPUD Master Plan. The general function and purpose of this Tract is to provide the opportunity for diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions to many segments of the population. 5.2 MAXIMUM COMMERCIAL /OFFICE SQUARE FEET The 45 ± acre Commercial /Office Areas (Tracts C /01, C /02 and C /03), shall be developed with an amount of commercial /office square footage that will not exceed individual DRI thresholds. Total retail or other uses on the C /O1 and C /02 shall not exceed 142,000 square feet of retail and 40,000 square feet of office space. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses) as those regulations exist on the date this MPUD is approved. This shall be monitored through the PUD monitoring process on an annual basis and through the SDP and/or subdivision plat review process. 5.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses I: 1. Establishments primarily engaged in performing soil preparation services, crop services, veterinary services, other animal services, farm labor and management services, and landscape and horticultural services, as outlined under Major Group 07 in the Standard Industrial Classification Manual, only including Industry Number 0742 — veterinary services for animal specialties. 5 -1 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. Packet Page -454- 3/13/2012 Item 9.A. 2. Establishments furnishing point -to -point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Any retail business as defined in the Standard Industrial Classification Manual for the following categories: a. 523 — Paint glass, and wallpaper stores; b. 525 — Hardware stores; C. 526 — Retail nurseries, lawn and garden supply stores; d. Major Group 53 — General merchandise stores. 4. Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual. 5. Any retail business engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. 553 — Auto and home supply stores, not including any installation facility; b. 554 — Gasoline stations, not including service facilities; C. Group 7542 — Carwashes only. 6. Any retail business engaged in selling new or used motorboats and other watercraft, marine supplies, and outboard motors as defined under Industry Group 555 in the Standard Industrial Classification Manual. 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 9. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under the Major Group 58 in the Standard Industrial Classification Manual. 10. Any miscellaneous retail business as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 596 — non -store retailers; 598 — fuel dealers; and not including retail sale of fireworks. s -2 Packet Page -455- 3/13/2012 Item 9.A. IL Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 12. Within Tract C /03 only, establishments operating Primarily to temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. No more than 150 units shall be permitted. (No more than 250 units shall be permitted in total within the REC/VC District and Tract C /03). 13. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a• 721 — Laundry, cleaning, and garment services, only including Group 7211 — power Iaundries, family and commercial, Group 7215 — coin - operated laundries and dry- cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722 — Photographic portrait studios; C. 723 — Beauty shops d. 724 — Barber shops; e. 725 — Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 tax return preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or Portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 14. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following industry Groups: a• 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 — Mailing, reproduction, commercial art and photography, and stenographic services; C. 735 — Miscellaneous equipment rental and leasing, only including Group 7352 — medical equipment, rental and leasing; d• 737 — Computer programming, data processing, and other computer related services, not including Group 7371 — prepackaged software. 5 -3 Packet Page -456- 3/13/2012 Item 9.A. 15. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384, Photofinishing laboratories. 16. Establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public, including Group 7513 — Truck rental and leasing, without drivers; Group 7514 — Passenger car rental; Group 7515 — Passenger car leasing; and Group 7519 — Utility trailer and recreational vehicle rental. 17. Establishments engaged in miscellaneous repair services, only including Group 7631 — Watch, clock, and jewelry repair and Group 7699 — Repair shops and related services, not elsewhere classified. 18. Establishments operating primarily to provide motion picture services as defined under Major Group 78 in the Standard Industrial Classification Manual, only including Group 7832 - Motion picture theaters, except drive -in, and Group 7841 — Videotape rental. 19. Establishments operating primarily to provide amusement and recreation services as defined under Major Group 79 in the Standard Industrial Classification Manual, for the following Groups: a. 7911 — Dance studios, schools and halls b. 7922 — Theatrical producers (except motion picture) and miscellaneous theatrical services C. 7941 — Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. 7991 — Physical fitness facilities e. 7999 — To include moped rental, motorcycle rental, rental of bicycles, schools and camps -sports instructional, scuba and skin diving instruction, sporting goods rental only. 20. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Groups: a. 801 — Offices and clinics of doctors of medicine; b. 802 — Offices and clinics of dentists; C. 803 — Offices and clinics of doctors of osteopathy; d. 804 — Offices and clinics of other health practitioners. 21. Establishments operating primarily to provide medical and dental laboratories as defined under Major Group 807 in the Standard Industrial Classification Manual, for the following Groups: a. Group 8071 — Medical Laboratories; s-4 Packet Page -457- 3/13/2012 Item 9.A b. Group 8072 — Dental Laboratories. 22. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 23. Establishments primarily engaged in providing library services, only including Group 8231 — Libraries. 24. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 25. Establishments operating primarily to provide engineering, accounting, research, and management for the following Groups: a. 8711 — Engineering services b. 8712 — Architectural services C. 8713 — Surveying services d. 8721 — Accounting, auditing and bookkeeping services e. 8732 — Commercial economic, sociological, and educational research f 8741 — Management services 9- 8742 — Management consulting services h. 8743 — Public relations services i. 8748 — Business consulting services. 26. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. Z7. Mixed multi- family residential and commercial uses located within C /OI and C /02 Tracts. Residential dwelling units shall be counted toward the maximum 1999 allowable residential dwelling units. A maximum of 390 units shall be permitted within the combined Tracts R/G8, C 101 and C /02. The commercial space shall be counted toward the maximum allowable square footage as allowed per DRI thresholds. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds, established in chapter 380 of Florida Statutes, for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), in effect on the date of approval of this PUD. This shall be monitored through the PUD monitoring process on an annual basis, and during all SDP and/or subdivision plat submittals. The mixed residential and commercial uses shall be subject to the following criteria: s -s Packet Page -458- 3/13/2012 Item 9.A. a. An SDP is approved pursuant to Chapter 10 of the LDC that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development shall be limited in hours of operation, size of delivery trucks, and type of equipment; C. The residential uses are designed so that they are compatible with commercial uses; d. Residential dwelling units may be located above principal structures; e. Residential and commercial uses shall not occupy the same floor of a building in which the uses are located; f. The mixed- commercial/residential structure shall be designed to enhance the compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses, directing commercial lighting away from residential units, and separating pedestrian and vehicular access ways and parking areas from residential units; and g. The SDP shall incorporate traditional neighborhood design (TND) principles. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage 2. One caretaker's residence 3. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. C. Should market conditions not warrant commercial development within the C /03 Tract, that Tract shall be used for any uses permitted within the R/G Subdistrict, subject to all development standards setforth in Section III of this MPUD Document. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 square feet. B. Minimum Lot Width: 100 feet C. Minimum Yards (Internal): 1. Front Yard: Twenty (20) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. 5 -6 Packet Page -459- 3/13/2012 Item 9.A. 2. Side Yard: None, or a minimum of five (5) feet, with unobstructed passage from front to rear yard 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one front yard by 10 feet. 5. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with LDC provision in effect at the time or permitting." D. Minimum Yards and Buffers (External): 1 • East Tamiami Trail (US 41): 50 -foot setback, except that canopies for gas stations shall maintain a 30 -foot setback, provided no gas pumps or pump islands are located closer than 30 feet from the East Tamiami Trail right - of -way. A 20 -foot landscape buffer, in accordance with Section 2.12 of this Document and Section 4.06.00 of the LDC, shall be provided along the entire frontage of US 41. In accordance with Subsection 5.05.05D 1 of the LDC, should a gasoline service station be developed, a 25 foot wide landscape buffer is required along rights -of -way adjacent to the service station. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with the LDC provisions in effect at the time or permitting. E. Minimum Distance Between Non - attached Structures: Fifteen feet (15') or one- half the sum of the building heights, whichever is greater. F. Maximum Height: Five stories or fifty feet (50'), whichever is greater, except for hotels, which may be developed up to seventy -five feet (75')in height, as measured in accordance with the LDC definition of the term "building, zoned height of'. G. Minimum Floor Area: 500 square feet per principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of 25 square feet and shall not be subject to the setback requirements set forth on Paragraph 5.4 C. above; however, in no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC provision in effect at the time or permitting. H. Off - Street Parking and Loading Requirements: As required by Section 4.05.00 of the LDC in effect at the time of SDP approval. s -7 Packet Page -460- 3/13/2012 Item 9.A. Architectural and Site Design Standards: Commercial development within this District shall conform with the guidelines and standards of Section 5.05.08 of the LDC or variance. Gray, primary and/or secondary colors shall be permitted as a predominant exterior roof colors. This is a deviation from Subsection 5.05.08C.13.b of the LDC. 5 -8 Packet Page -461- SECTION VI PRESERVE 6.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "P ", Preserve. 6.2 GENERAL DESCRIPTION Areas designated as "P", Preserve on the Master PIan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The configuration of these areas may change due to permitting requirements with the South Florida Water Management District, United States of America Corps of Engineers and other agencies; however, the acreage shall be generally consistent with that shown on the Master Plan. Actual acreages of preserve areas will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 6.3 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 I. Upland preserves 2. Wetland preserves B. Permitted Accessory Uses and Structures 1. Boardwalks, nature trails, shelters, viewing piers, viewing platforms, educational signs, kiosks, elevated golf cart paths, golf course rough areas, and docks or platforms for launching and mooring or storage of non - motorized vessels utilizing movable storage racks. 2. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements. 6.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Accessory Structures I. From MPUD or external development tract boundary: Fifteen Feet (15') 2. From internal tract boundary: Ten Feet (10') 6 -1 Packet Page -462- Em 3/13/2012 Item 9.A. 3. From lake: Zero Feet (0') 4. Maximum Height of Structures: Twenty -five Feet (25'), except for viewing platforms that may be forty feet (40') 6 -Z Packet Page -463- SECTION VII ,PUBLIC FACILITY 7.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "PF ", Public Facility. The PF district land is set aside for Collier County School Board to build an elementary or middle school and one acre is set aside for fire, rescue and an EMS site. Should the School Board or Fire District decide that it will not need this land, or a portion of it, then this area may be used for any uses permitted within the R/G Subdistrict, subject to all develo standards set forth in R/G Subdistrict. pment 7.2 GENERAL, DESCRIPTION Areas designated as "PF ", on the Master Plan are designed to accommodate an educational facility, and public safety services and facilities. The approximate acreage of the areas designated as "PF ", are indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 7.3 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 • Educational facilities, limited to public elementary or middle school. 2• Educational plant, limited to public elementary or middle school. 3• Safety service facilities, limited to fire stations and EMS facilities. B. Accessory Uses Accessory uses customarily associated with the principal permitted uses. 7.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25') 2. Side Yard: Fifty feet (50'). 3. Rear Yard: Fifty feet (50'). 7 -I Packet Page -464- 3/13/2012 Item 9.A. C. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. 1. Maximum height of structures — Thirty -five feet (35') 2. Minimum distance between principal structures - Ten feet (10'), or half the sum of building heights. Minimum distance between accessory structures - Ten feet (10'). 4. Minimum off - street parking: Subject to Chapter 4.05.00 of the LDC. 7.2 Packet Page -465- SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to set forth the development commitments for the Sabal Bay MPUD. 8.2 GENERAL All facilities shall be constructed in strict accordance with SDPs, subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A ", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66 shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document The developer, its successors or assignee, shall follow the Master Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer is bound by the commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the developer. Upon assignment or- delegation, the developer shall be released from responsibility for the commitments. 8.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A ", MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as subdivision plat or SDP application. Subject to the provisions of Subsection 10.02.13(E) of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Sabal Bay MPUD Master Plan upon written request of the developer, subject to the provisions set forth in LDC Subsection 10.02.13E. 8 -1 Packet Page -466- 3/13/2012 Item 9.A. 8.4 ENGINEERING A. Except as noted and authorized as a deviation in this PUD Document, all project development will be consistent with provisions of Sections 10.02.04 and 10.02.03 of the LDC. 8.5 UTILITIES A. All County or City water distribution and sewage collection and transmission facilities to serve the project shall be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04 -51, as amended, and other applicable County or City rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County or the City of Naples, as the case may be, and shall be billed by the County or City in accordance with the County's or City's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Public Works Division, or from the City of Naples Utilities Department, whichever is applicable, in accordance with applicable franchise services boundaries. D. The developer shall reserve three requested easements, and associated utility and access easements to connect with a public right -of -way. These sites shall be used for wells (not to exceed 100' by 100' for each site) with a minimum spacing of 500 feet between wells. This conveyance shall occur at the time the SDP, or final subdivision approval for the area within the development phase that contains the easement. E. The developer shall provide a 10 foot wide utility easement on the development property along both sides of Bayshore Drive, if determined to be needed by Collier County. 8.6 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. B. The developer shall design the water management facilities in accordance with County ordinances, State, and Federal minimum design regulations in effect at the time of submittal of SDPs, or construction plans or plat approvals as the case may be. An analysis of predevelopment pollutant loading and post development S -2 Packet Page -467- 3/13/2012 Item 9.A. pollutant loading in general accordance with the Harvey Harper methodology shall be completed and submitted prior to the issuance of final site development plans or construction plan approvals. C. An excavation permit shall be required for the proposed lakes in accordance with Sibsection 22- 122(c) of Ordinance 04 -55 of Collier County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval, and shall be consistent with permits issued by the South Florida Water Management District. D. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services Staff for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the approved plans is granted. E. This developer shall obtain an Environmental Resource Permit or Early Work Permit from the South Florida Water Management District prior to SDP approval. F. The developer shall adhere to the conditions set forth in the September 23, 2003 Contribution Agreement by and between Collier Development Corporation and Collier County regarding the Lely Area Surface Water Drainage Improvements in order to further the Lely Area Stormwater Improvement Project (LASIP). 8.7 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the jurisdictional wetland boundary in all places and averaging twenty -five (25) feet from the edge of the jurisdictional wetland boundary. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules. B. A preserve area management plan shall be provided to Environmental Services Staff for approval prior to site /construction plan approval, identifying methods to address treatment of invasive exotic species, fire management, and maintenance. C. All conservation areas shall be placed under conservation easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. D. This PUD shall comply with the guidelines of the USFWS and FFWCC, and as applicable, Collier County regulations, for impacts to protected species. With respect to the Bald Eagle Management Plan, restrictions within bald eagle nest protection zones shall be in accordance with the USFWS South Florida Multi - Species Recovery Plan, May 1999 and Habitat Management Guidelines for the 8 -3 Packet Page -468- 3/13/2012 Item 9.A. Bald Eagle in the Southeast Region, USFWS 1987, except to the degree that the site specific bald eagle management plan provides for allowance or restrictions that vary from the USFWS South Florida Multi - Species Recovery Plan, May 1999 and Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS 1987. Upon receipt of technical assistance from the U.S. Fish & Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC), all proposed improvements may be required to be removed from the Bald Eagle Primary Nest Protection Zone. A Habitat Management Plan for listed species shall be submitted to Environmental Services Staff for review and approval prior to SDP approval. E. This Bald Eagle Management Plan shall be updated to depict the location of new eagles nests, or to remove the location of nests that have been abandoned in the following manner: 1) If the nest is abandoned in accordance with US fish and Wildlife Regulations, the Bald Eagle Management Plan may be administratively updated to eliminate the abandoned nest. 2) If the eagles relocate to a tree that is not located on the subject property and the primary and secondary protection zones of the tree are located entirely outside of any area of the PUD proposed for any type of development; then the bald eagle management plan shall be administratively updated to reflect any of the following: new nest location; new primary zone location; new secondary zone location. If the eagles relocate to a tree and the primary or secondary protection zones of the tree are located on any area of the PUD proposed for any type of development; then the bald eagle management plan shall be amended and shall require a PUD amendment including public hearing before the Environmental Advisory Council (EAC), Collier County Planning Commission (CCPC) and Board of County Commissioners (BCC). F. Approximately 60 acres of the project site are identified as an old agricultural operation. Soil sampling within this former agricultural area shall be required at the time development is proposed within these areas. Sampling shall provide soil analysis for herbicides, pesticides and heavy metals. Measures needed to clean up the site shall be addressed prior to site plan/construction plan approval. G. A gopher tortoise relocation/management plan shall be submitted for review and approval at the time of final SDP /construction plan submittal, and shall be in accordance with the requirements of LDC. The success of the establishment of gopher tortoises within proposed gopher tortoise preserves shall be studied by an independent (non - governmental) party to document the success of the relocation effort. A copy of the report detailing the study and the results shall be provided to Environmental Services Department Staff. s-4 Packet Page -469- 3/13/2012 Item 9.A. H. In accordance with requests from Rookery Bay National Estuarine Research Reserve ( RBNERR) and the Conservancy of Southwest Florida (Conservancy) the Developer agrees to the following: 1. The developer shall establish a surface water hydrology monitoring program, which will include annual reports of said monitoring to be shared with RBNERR. 2. The developer shall include a provision in the conservation easement requiring notification to RBNERR and the Conservancy in advance of any changes to the conditions of, and or dedication language set forth in the project's conservation easement. The R13NERR and the Conservancy will be allowed to participate in the discussions of any proposed changes. 3. The developer shall allow the Conservancy to review and comment on the draft master declaration document pertaining to any provisions that will address language to protect and sustain the environmental integrity of the development's preserves. 4. In order to minimize environmental impacts to water quality within RBNERR, the developer shall do the following: conducting pre - development water quality testing by an independent laboratory, testing of sediments at the furthest downstream stormwater outfalls for pollutant loading prior to soil disturbance for construction of these outfall locations to assess existing sediment quality; utilizing water management Best Management Practices (BMP's) during construction to minimize adverse impacts on water quality during development; conducting post development water quality monitoring and reporting as set forth in Paragraph 8.7.H.1. above; and, increasing public awareness by educating residents and the homeowners' association, through signage and take - home information, of the potential damage from stormwater pollution on the environment and the importance of protecting aquatic and terrestrial resources within and nearby the RBNERR. Further, the developer shall erect signage at various locations along the RBNERR boundary, making residents and guests aware of the location and natural resource importance of the estuarine ecosystem and its management. The developer shall include water management Best Management Practices (BMPs) from the proposed Southwest Florida Basin BMP Matrix rule, with the selection of BMPs based on minimum of two (2) from Group A, two (2) from Group B, and one (1) from Group C, as part of the SFWMD ERP. 5. The developer shall disclose in the homeowner association documents that the following activities may occur on the adjacent RBNERR lands: exotic plant removal and ongoing maintenance; utilization of prescribed burns as a means of habitat management; controlling illegal dumping; management of access within RBNERR lands, controlling and trapping when necessary, feral, nuisance and domestic animals. s -5 Packet Page -470- 3/13/2012 Item 9.A. 6. The two archeological sites determined to be of prehistoric cultural significance (8cr535 and 8cr 227) shall be preserved and the developer shall coordinate with the Florida Division of Historic Resources to minimize any disturbance to these sites during development and as a result of exotic vegetation removal. 8.8 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO) for the units /square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent SDP or final plat submissions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Lang -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is to be processed. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. Site related improvements shall be in place by phase, and available for access, prior to the issuance of the first CO for that phase. E. Road impact fees shall be paid in accordance with Ordinance 01 -13, as amended, and section Chapter 6.02 and Section 10.02.07 of the LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a right -of -way permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, 8-6 Packet Page -471- 3/13/2012 Item 9.A. and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I• All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County rights - of -way or easements, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer. L• The development shall abide by Section 6.02.00 of the LDC in regards to Transportation Demand Management (TDM) strategies required for a project that is located within and affects a Transportation Concurrency Exemption Area (TCEA). 8.9 ADDITIONAL COMMITMENTS A. The developer shall provide a minimum of one playground, for use by residents and their guests, meeting ASTM design guidelines. B. The developer shall install a pathway along the lake where the lake fronts Thomasson Drive and shall provide a minimum of three benches for public use this portion of lake- frontage. 8.10 AFFORDABLEIWORKFORCE ROUSING COMMITMENTS A. The developer, or its successors or assigns, shall pay the sum of $1,000.00 ga Packet Page -472- 3/13/2012 Item 9.A. to the Collier County Affordable Housing Trust Fund for each residential unit not located within Tracts RG8, C /01 and C /02. The payment shall be made within seven (7) days on the closing of the residential unit. B. The developer or its successors or assigns shall pay the sum of fifty cents ($0.50) for each square foot of retail development constructed on the property, excluding Tracts C 101 and C /02, to the Collier County Affordable Housing Trust Fund within seven (7) days of the improvement receiving a CO. C. The payment of the sums set forth in the Section shall satisfy any obligations of the project to pay linkage fee, or similar types of fees should an ordinance establishing such fees be adopted by the Board of County Commissioners in the future. s -s Packet Page -473- Q a a w ro Co) C) z Q fD N N Q ijW SW LC) cD OW�(7C �Q�au =o U- = o zt- _ Z0 C CO Q0� � a J aCO OCCo zzQ3 3 0 0 ~ N z W Packet Page -474- 3/13/2012 Item 9.A. �r f �4 (U a � W�a , IZI V Q 0 V tr \/ cn No �r f �4 �r f 3/13/2012 Item 9.A. M._r �f_ _„iflfY nl l,fl flfOlf �111•w.,►wir_ i lU�d a�.sv%v ofldW ifs �.� t+r s VA A % T T ^% Fg Y � �NiiznsNjO�� YYYYYY 4 4� ftFM4 V / )[j(j Qn[NAYET Wf7YS aNl ��LLINIIWl110J17M *"� I �f �A� .,V., IISIHX9 ,� .�„�,am._�.- gym, - - - -•' I CC f xt i fYVlfl R!Q � r a CID C s. 1 a W s li I �r J , n a cc g cc f :IR r f 1 E l� f l�! iIt --- elm— CL 'W ^ g g �r ^ ^% Fg Y YYYYYY 4 4� o � e e8a8• E I Mist z j' H Packet Page -475- "mow •..r -.enw &'"`� �� ~�� ~ T 71 ♦ \ T a•� flNls�nsNO� mymw ie 3/13/2012 Item 9.A. Ull NW T w/ I� V1Y1�1 QI1dLll 6'fi 7b'�b'S °� �- i[7 ...� I sear 0(D - y�ypD �Y D LAY s • l � 'n-11 -r nnp iI/D a �. las7w rw! naaay� -w twun uyutl qay D Dgtl 'M 'r� � i _ If w _- �Fl 1 1� . \ ` \ Y'mTa u...e arcao r u.+mu..wn =. op 7 ! 5 U ' ,! u o cg cI 9 Packet Page -476- 3/13/2012 Item 9.A. SABAL BAY BALD EAGLE MANAGEMENT PLAN FOR NESTS CO -009, CO -009A, CO -024A, AND CO -028 December 2004 Revised May 2005 Prepared For: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 (239) 947 -2600 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274 -0067 Packet Page -477- Project No. 04WCI1042 3U13/2012 yfpm 9_A. ` �` TABLE OF CONTENTS Paze u/un000tion^-~--^---'-~^^^'~^^~^^~` ~^`-^`'^^`^^^-^----- Bald Eagle __*^~�abztatand Reproduction B Bald Eagle Status ............................................................. 4 Hi3toxy of _ __ Guidelines Application ............................. �'~'--^''~'^''~~~--^^^^^'~~~--` Nest Locations and Site Conditions -..^.~-~'-^..~~~^.-.--..--~..,^~....~.~,^,'~~.~~~-.---~.~ Nesting History and Observations.--_.`.—.-.-~-..-~.^...-`.--.- Bald Eagle __�~~ plan---._....~-.^...~_-..-.^-...^.~.~, -.'~'~'--~~.....'-,...~-'~. 7 References--^..---.—..-_-------...----..^-~—.--^-----.-- .................................... 10 , Packet Page 478- LIST OF FIGURES 3113/2012 Item 9.A. Page Figure1. Project Location Map .............................................................. ..............................2 Figure 2. FLUCFCS and Wetlands Map with Bald Eagle Nest Locations ...................................... ..............................3 ii Packet Page -479- 3/13/2012 Item 9.A. LIST OF EXHIBITS Paee Exhibit A. Aerial Photograph with Bald Eagle Nest Locations ...... Exhibit B. Site Plan with Protection Zones for Bald Eagle Nests .............................. Packet Page -480- N 3/13/2012 Item 9.A. INTRODUCTION This Bald Eagle Management Plan (BEMP) has been prepared for bald eagle (Haliaeetus leucocephalus) nests located on and within 1,500 feet of the 2,331.05+- acre Sabal Bay property (Project) located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East; and Section 19, Township 50 South, Range 26 East, Collier County (Figure 1). This BEMP covers atotal of four bald eagle nest sites including CO -009, alternate nest CO -009 (CO- 009A), alternate nest CO -024 (CO- 024A), and nest CO -028 (Figure 2). The Sabal Bay BEMP has been prepared to comply with U.S. Fish and Wildlife Service (USFWS) Habitat Management Guidelines for the Bald Eagle in the Southeast Region (USFWS 1987) (Guidelines). The bald eagle is listed as threatened by the Florida Fish and Wildlife Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS). The Project is a proposed master planned community that will include a school site, single- and multi - family residences, a golf course, a clubhouse with recreational amenities, and neighborhood commercial. The Project includes a portion of the previously permitted Lely Area Stormwater Improvement Project including the Lely Main Canal that runs northeast to southwest through the Project. The Project'surrounding land uses are a mixture of residential developments, undeveloped land, agricultural, disturbed land, preserve, and commercial developments. On the western boundary the project abuts undeveloped lands in the southeastern most city limits of the City of Naples. Abutting the site immediately to the north is the Naples Botanical Garden, Hamilton Harbor Marina, East Naples Community Park, commercial development, Thomasson Drive, and Tamiami Trail East (U.S. 41). To the south is Rookery Bay Wildlife Sanctuary. To the east are undeveloped and agricultural lands that are part of the Wentworth PUD. BALD EAGLE HABITAT AND REPRODUCTION The following information on the biology of the bald eagle is excerpted from the South Florida Multi - Species Recovery Plan (USFWS 1999). Bald eagles are considered a water - dependant species typically found near estuaries, large lakes, reservoirs, major rivers, and some seacoast habitats (Robards and King 1966, King et al. 1972, Weekes 1974, Whitfield et al. 1974, Gerrard et al. 1975, Grier 1977, Anthony and Isaacs 1989, Wood et al. 1989). Their distribution is influenced by the availability of suitable nest and perch sites near large, open waterbodies, typically with high amounts of water -to -land edge. Bald eagles demonstrate a remarkable ability to tolerate perturbations to their habitat, throughout their range. Their adaptability to a variety of habitat conditions makes generalizations about habitat requirements and nesting behavior difficult. Though variable, eagles have basic habitat requirements that must be met in order to successfully reproduce and survive during the winter or non - nesting season. Florida bald eagle nests are often located in the ecotone between forest and marsh or water, and are constructed in dominant or co- dominant living pines (Pinus spp.) or bald cypress (Taxodium distichum) (McEwan and Hirth 1979). Approximately ten percent of eagle nests are located in dead Packet Page -481- COLLIER COUNTY PROJECT LOCATION SEC 23,24,25,26 &36, TWP 50 S, RGE 25 E SEC 19, TWP 50 S, RGE 26 E Y I` r C 3/13/2012 Item 9.A. yS E �4 PASSARELLA dnd ASSOCIATES INC. s FIGURE 1. PROJECT LOCATION MAP SABAL BAY Consulting Ecologists Packet Page -482- DRAWN BY: P.F. DATE: 1/20/05 M. lum AUSTRALIA TIDAL CREEK 16.64 Ac.* 0 ,% DRAINAGE CANAL 13.19 Ac= 0.5% ��,• STORMWATER MANAGEMENT POND 12.31Ac.s 0.5% BAYS AND ESTUARIES 3.16 AE.= C.1% �'Y'•'•1 °'� INLAND TIDAL PONDS 1920 Ac.t 0.8% �,�•� MANGROVE SWAMPS 823.58 Ac.t 25.8% YYY t �1f2 Et MANGROVE SWAMPS. DISTURBED f0.24% EXOTICS) 32.50 Ac.t 1.3% • EAGLE NE4E1 MIXED WETLAND HARDWOODS, DISTURBED (0.24% EXOTICS) 2.60 Ac.= 0.1% .•;° E2 MIXED WETLAND HARDWOODS. DISTURBED (25.49% EXOTICS) 9.79 Ac.± 0.4% CO -009A '19E1 WILLOW, DISTURBED (0.24% EXOTICS) B.Tc AE.= C.C% E2 WILLOW. DISTURBED M649% EXOTICS) 1.45Ac.= 0.1% • f E4 CYPRESS, DRAINED (76-100% EXOTICS) 51.27Ac.t 2.1% 9 E7 CYPRESS, DISTURBED (0-24% EXOTICS) 42.32 Ac.= 1.5% •�,�•••••••••••••••••••••••• 10 E2 CYPRESS, DISTURBED (25- 4BXEXOTICS) 13.ODAC.x 0.5% �•�••�• 19 E4 CYPRESS, DISTURBED (78.100% EXOTICS) 12.43 Ac.= 0.5% 5E3 CYPRES SIPINE /CABBAGE PALM, DRAINED (50.75 % EXOTICS) 6.D4 Ac.: C2% E4 CYPRESSIPINEICABBAGE PALM, DRAINED (7&100% EXOTICS) 86.91 Ac.t 3.6% ,�,� 9 Et CYPRESS /PINEICABBAGE PALM, DISTURBED (0.24% EXO7tCS) 4.00 Ac.= 02% '.jQE2 CYPRESSIPINEICABBAGEPALM ,DISTURBED(25-49 %EXOTICS) 20.80Ae.x C.9X • A9 E3 CYPRESS/PINE /CABBAGE PALM, DISTURBED (60 -75% EXOTICS) 3.31 Ac.= C.1% ' ••'.49 E4 CYPRESS /PINEICABBAGE PALM, DISTURBED (76.100% EXOTICS) 188.86 Ac.= 8.3% • _ • • • • • • • • _ . •..�1'. �.•'•''••' �•�6 E3 PINE, DRAINED (50.75 %EXOTICS) - 14.50 A:.= 0.6% : :'�49 E1 PINE, HYDRIC, DISTURBED (0.24 % EXOTICS) 4.30 At.= 02% ve E2 PINE, HYDRIC, DISTURBED (25.48% EXOTICS) 17.84 Acs 0.7% •� 9 E3 PINE, HYDRIC, DISTURBED (50.75% EXOTICS) 62.59 Ac.t 3.4% ••.k9 E4 PINE, HYDRIC, DISTURBED (75.100% EXOTICS) 57.00 Ac.= 2.4% E1 MIXED WETLAND FOREST, DISTURBED (0 -24 %EXOTICS) 15.77 Ae.t C.7X E2 MIXED WETLAND FOREST, DISTURBED (25.49% EXOTICS) 0.63 Ac.= 0.0% E3 MIXED WETLAND FOREST, DISTURBED (50 -75% EXOTICS) 2728 Ac.t 1.1% 9E4 MIXED WETLAND FOREST, DISTURBED (76.100 %EX071CS) 1.76 Ac.= 0.1% `�9 E1 WETLAND SHRUB, DISTURBED (0.24 % 'EXOTICS) 82.99 Ac.= 3.8% 9E2 WETLAND SHRUB. DISTURBED (25-49% EXOTICS) 1927 AC.t C.B% . 9E3 WETLAND SHRUB, DISTURBED (55-75% EXOTICS) 3.01 Ac.= 0.1% -�I FRESHWATER MARSH 13.44 Ac.: 0.69E • 99 E1 FRESHWATER MARSH, DISTURBED (0-24 % EXOTICS) 55.04 AC.= 2.3% 19 E2 FRESHWATER MARSH, DISTURBED (25-491/6 EXOTICS( 6.34 Ae.= 0.3% }F' SALTWATER MARSHES 3.SOAc.± 0.1% •'29E1 SALTWATER MARSHES, DISTURBED (0.24 % EXOTICS) 2.50 At t 0.1% •'09 E1 WET PRAIRIES. DISTURBED 1024% EXOTICS) 3.68 Ac.= 0.1% •,99 E2 WET PRAIRIES, DISTURBED (25.49% EXOTICS) 023 Ac.= 0.0% .'.b9 SALTERN.DISTURBED 3.B0 At. = D.2% •�•�1 DISTURBED LAND 48.74Ac,= 2.0% �y SPOIL AREAS 9.98 Ac.t 0.4% BERM 127 Ac.= 0.1% 'e LE CTRICAL POWER TRANSMISSION LINE 4.53 Ac.= 02% _ SIONS CODE 5/10/04 1/20/05 WECKSD BT - M roABAL BAY K.C.P. s /in /nA DROWN B1• Packet Page - 483 - 3PECIES LOCATION MAP P.F.,W.C. _, - I 2416.06 Ac.= 100.0% WAWING No- 04WCI1 042 FIGURE 2 i 3/13/2012 Item 9.A. - UCFCS % OF Ip£ DESCRIPTION ACREAGE -CTAL ' COMMERCIAL AND SERVICES UNDER CONSTRUCTION 72.72 Ac.= 3.C% / \ N 19 E7 PINE FLATWOODS, DISTURBED (0.24% EXOTICS) 101.62 Ac.= 4.2% �J 19 E2 PINE FLATWOODS, DISTURBED (25 -A9% EXOTICS) 732. Ac.= 3.09: 19 E3 PINE FLATWOODS. DISTURBED (50.75% EXOTICS) 156.86 At.= E.5% 19 E4 PINE FLATWOOOS, DISTURBED (76 -100% EXOTICS) 33.00 AE.= 49e 19 E3 MIXED PINE FLATWOODS, DISTURBED (50.75% EXOTICS) 4.47 Ac.= C2% �9 Et SCRUBBY PINE FLATWOODS, DISTURBED (0.24% EXOTICS) B2.21 Ac.= 34% �9 E2 SCRUBBY PINE FLATWOODS, DISTURBED (25.49% EXOTICS) 3.47 Ac.= 0.1% E3 SCRUBBY PINE FLATWOODS, DISTURBED (50.75% EXOTICS) 8.46 Ac.* 3.4% XERIC OAK 25.13 Ac.= 1.0% 9 Et XERIC OAK, DISTURBED (0-24% EXOTICS) 33.24 Ac.= 1.4% 9 E2 XERIC OAK, DISTURBED (25.49% EXOTICS) 0.59 At t 0.0% BRAZILIAN PEPPER 13.8`. Ac.: 01% EAGLE NEST BRAZILIAN PEPPER, HYDRIC 4.14 Ac.= 02% MELALEUCA 1.1BAt.= 0.0% CO -009 .. 7 1 MELALEUCA, HYDRIC 50.60 Ae.t 2.:% LIVE OAK 5.25 At. 2: 0.2% • Sin. I9 Et LIVE OAK, DISTURBED (0.24% EXOTICS) 126 Ac.= 0.11% •• �• 19 E2 LIVE OAK, DISTURBED (25.49 %EXOTICS) 0.16 AC.s 0.0•/6 :4•rr 1 EI CABBAGE PALM, HYDRIC (0.24% EXOTICS) 12.70 Ac.- 0.5% 1E1 WAX•MYRTLEWILLOW, HYDRIC (0.24 %EXOTICS) 45.85At.= 1.9% •''• anrr `"• IE2 �"�`' WAX• MYRTLEIWILLOW , HYDRIC (25- 40%EXOTICS) 1.55Ae.2: 0.1% • r "4 9Et HARDWOOD /CONIFER MIXED. DISTURBED (0-24% EXOTICS) 10.81 At.= OA% o... 8 E9 HARDWOODJCONIFER MIXED, DISTURBED (50.75% EXOTICS) 5.67 At. = 02X 9E4 HARDWOODJCONIFER MIXED. DISTURBED (76-100% EXOTICS) N PWE HYDRIC 1.43 AC._ 198 Ac.t 0.1% 0.1% AUSTRALIA TIDAL CREEK 16.64 Ac.* 0 ,% DRAINAGE CANAL 13.19 Ac= 0.5% ��,• STORMWATER MANAGEMENT POND 12.31Ac.s 0.5% BAYS AND ESTUARIES 3.16 AE.= C.1% �'Y'•'•1 °'� INLAND TIDAL PONDS 1920 Ac.t 0.8% �,�•� MANGROVE SWAMPS 823.58 Ac.t 25.8% YYY t �1f2 Et MANGROVE SWAMPS. DISTURBED f0.24% EXOTICS) 32.50 Ac.t 1.3% • EAGLE NE4E1 MIXED WETLAND HARDWOODS, DISTURBED (0.24% EXOTICS) 2.60 Ac.= 0.1% .•;° E2 MIXED WETLAND HARDWOODS. DISTURBED (25.49% EXOTICS) 9.79 Ac.± 0.4% CO -009A '19E1 WILLOW, DISTURBED (0.24% EXOTICS) B.Tc AE.= C.C% E2 WILLOW. DISTURBED M649% EXOTICS) 1.45Ac.= 0.1% • f E4 CYPRESS, DRAINED (76-100% EXOTICS) 51.27Ac.t 2.1% 9 E7 CYPRESS, DISTURBED (0-24% EXOTICS) 42.32 Ac.= 1.5% •�,�•••••••••••••••••••••••• 10 E2 CYPRESS, DISTURBED (25- 4BXEXOTICS) 13.ODAC.x 0.5% �•�••�• 19 E4 CYPRESS, DISTURBED (78.100% EXOTICS) 12.43 Ac.= 0.5% 5E3 CYPRES SIPINE /CABBAGE PALM, DRAINED (50.75 % EXOTICS) 6.D4 Ac.: C2% E4 CYPRESSIPINEICABBAGE PALM, DRAINED (7&100% EXOTICS) 86.91 Ac.t 3.6% ,�,� 9 Et CYPRESS /PINEICABBAGE PALM, DISTURBED (0.24% EXO7tCS) 4.00 Ac.= 02% '.jQE2 CYPRESSIPINEICABBAGEPALM ,DISTURBED(25-49 %EXOTICS) 20.80Ae.x C.9X • A9 E3 CYPRESS/PINE /CABBAGE PALM, DISTURBED (60 -75% EXOTICS) 3.31 Ac.= C.1% ' ••'.49 E4 CYPRESS /PINEICABBAGE PALM, DISTURBED (76.100% EXOTICS) 188.86 Ac.= 8.3% • _ • • • • • • • • _ . •..�1'. �.•'•''••' �•�6 E3 PINE, DRAINED (50.75 %EXOTICS) - 14.50 A:.= 0.6% : :'�49 E1 PINE, HYDRIC, DISTURBED (0.24 % EXOTICS) 4.30 At.= 02% ve E2 PINE, HYDRIC, DISTURBED (25.48% EXOTICS) 17.84 Acs 0.7% •� 9 E3 PINE, HYDRIC, DISTURBED (50.75% EXOTICS) 62.59 Ac.t 3.4% ••.k9 E4 PINE, HYDRIC, DISTURBED (75.100% EXOTICS) 57.00 Ac.= 2.4% E1 MIXED WETLAND FOREST, DISTURBED (0 -24 %EXOTICS) 15.77 Ae.t C.7X E2 MIXED WETLAND FOREST, DISTURBED (25.49% EXOTICS) 0.63 Ac.= 0.0% E3 MIXED WETLAND FOREST, DISTURBED (50 -75% EXOTICS) 2728 Ac.t 1.1% 9E4 MIXED WETLAND FOREST, DISTURBED (76.100 %EX071CS) 1.76 Ac.= 0.1% `�9 E1 WETLAND SHRUB, DISTURBED (0.24 % 'EXOTICS) 82.99 Ac.= 3.8% 9E2 WETLAND SHRUB. DISTURBED (25-49% EXOTICS) 1927 AC.t C.B% . 9E3 WETLAND SHRUB, DISTURBED (55-75% EXOTICS) 3.01 Ac.= 0.1% -�I FRESHWATER MARSH 13.44 Ac.: 0.69E • 99 E1 FRESHWATER MARSH, DISTURBED (0-24 % EXOTICS) 55.04 AC.= 2.3% 19 E2 FRESHWATER MARSH, DISTURBED (25-491/6 EXOTICS( 6.34 Ae.= 0.3% }F' SALTWATER MARSHES 3.SOAc.± 0.1% •'29E1 SALTWATER MARSHES, DISTURBED (0.24 % EXOTICS) 2.50 At t 0.1% •'09 E1 WET PRAIRIES. DISTURBED 1024% EXOTICS) 3.68 Ac.= 0.1% •,99 E2 WET PRAIRIES, DISTURBED (25.49% EXOTICS) 023 Ac.= 0.0% .'.b9 SALTERN.DISTURBED 3.B0 At. = D.2% •�•�1 DISTURBED LAND 48.74Ac,= 2.0% �y SPOIL AREAS 9.98 Ac.t 0.4% BERM 127 Ac.= 0.1% 'e LE CTRICAL POWER TRANSMISSION LINE 4.53 Ac.= 02% _ SIONS CODE 5/10/04 1/20/05 WECKSD BT - M roABAL BAY K.C.P. s /in /nA DROWN B1• Packet Page - 483 - 3PECIES LOCATION MAP P.F.,W.C. _, - I 2416.06 Ac.= 100.0% WAWING No- 04WCI1 042 FIGURE 2 3/13/2012 Item 9.A. pine trees, while two to three percent occur in other species such as Australian pine (Casuarina equisetifolia) and live oak (Quercus virginiana). The stature of nest trees decreases from north to south (Wood 1987, Wood et al. 1989), and in extreme Southwest Florida, eagle's nest in black (4vicennia germinans) and red mangroves (Rhizophora mangle), half of which are snags (Cumutt ewh and Robertson 1994). Nest trees in South Florida are smaller and shorter than reported els ere; however, comparatively they are the largest trees available (Wood et al. 1989, Hardesty 1991 ). The small size of nest trees in South Florida relative to other nest sites throughout the eagle's range is due to the naturally smaller stature of Pinus elliottii, P. taeda, P. palustris, and P. clausa in South Florida, and the lack of pines (Pinus spp.) in extreme Southern Florida. Bald eagles are monogamous and annual courtship behavior reinforces pair bonds (Palmer 1988. Pair bond formation includes dramatic pursuit flights, high soaring, talon locking, and c ) (Johnsgard 1990). Eagle may also fly around the perimeter of their nesting areas visually communicating their presence, further establishing their territories, Pair bond behavior, as well as territory establishment and defense, probably occur concurrently throughout much of the eagle's range. Successful pair bond information ultimately leads to nest site selection and nest construction for newly formed pairs or established pairs without nests. Pairs that have previously nested ma repair established nests or construct an alternate nest concurrent with copulation. y Nesting activities generally begin in early September in South Florida, with egg laying occurring early as late October and peaking in the latterpart of December. Incubation may be initiated from as early as October through as late as March, depending upon latitude. Clutches usually consist of one or two eggs but occasionally three or four are laid. Incubation takes approximately 35 days and fledging occurs within 10 to 12 weeks of hatching. Parental care may extend four to six weeks after fledging even though young eagles are fully developed and may not remain at the nest after fledging (USFWS 1989). y g BALD EAGLE STATUS The bald eagle is a federally and state listed "Threatened" species that has been protected since the mid -1970s under the Endangered Species Act of 1973 (ESA) and Chapter 68A- 27.004 Florida Administrative Code. Management and recovery efforts for the species generally have included actions to improve reproductive success and survival by: 1) reducing levels of persistent organochlorine pesticides, such as DDT, occurring in the environment, and 2) habitat protection. Habitat protection measures in Florida primarily have focused on protection of nesting territories through implementation of the Habitat Management Guidelines for the Bald Eagle in the Southeast Region (USFWS 1987) (Management Guidelines). Recovery goals for the bald eagle have been achieved as a result of these and related management actions throughout the United S tates, and the USFWS subsequently published a proposed rule in July 1999 to remove the bald eagle in the lower 48 states from the list of Threatened or Endangered wildlife. The Bald and Golden Eagle Protection Act (BGEPA) will provide primary federal protection f or bald eagles following "delisting ". The FWCC documented 88 active bald eagle nesting territories in Florida during their initial surveys oft of this species in 1973, and that number had increased to 391 active territories when the Management Packet Page -484- 3/13/2012 Item 9.A. Guidelines were implemented in 1987. The recovery goal for Florida is 1,000 breeding pairs of bald eagles, and the number of active nesting territories currently being surveyed annually in Florida exceeds 1,133 territories (Nesbitt of al. 2003). Numbers of bald eagle nests that have been documented in Lee County during this same general period have increased from six nests to approximately 62 nests that were documented during the 2002 -2003 nesting season. Peterson and Robertson (1978) reported that historic numbers of breeding pairs of bald eagles in Florida were likely "in excess of 1,000 breeding pairs," and the current population may now approximate historic densities (Steve Nesbitt, FWCC, personal communications). HISTORY OF MANAGEMENT GUIDELINES APPLICATION The Management Guidelines generally have been applied through a coordinated effort of the USFWS and FWCC by recommending certain restrictions to land use and development activities within a Primary Zone (0 - 750 feet from nest tree) and Secondary Zone (750 -1,500 feet from nest tree) around each active nest tree. The nesting territory is considered to be that area that is within 1,500 feet of the nest tree. Activities that include timber cutting, land clearing, chemical application, installation of infrastructure, and residential and commercial development generally are recommended to not occur within the Primary Zone at any time of year. The nesting season is considered to be October 1 through May 15 of each year, and the agencies generally recommend the above - mentioned activities be restricted to occur only within the Secondary Zone and only during the non- nesting season (May 16 - September 30). Nesbitt et al. (1993) evaluated the effectiveness of the Management Guidelines and concluded that bird use of nesting territories did not alter in response to construction activities where the Management Guidelines were applied. The USFWS and FWCC subsequently began modifying their recommended application of the Management Guidelines during the mid- 1990's and by 1997 had begun a standard practice of approving installation of infrastructure (i.e., Iand clearing, grading, road construction, construction of storm water facilities, and installation of utilities) within Secondary Zones but only during the non - nesting season. They also began approving residential and commercial construction within Secondary Zones during the nesting season at that time, but only in conjunction with a monitoring protocol to evaluate bald eagle responses to construction activities and to evaluate these modifications to their application of the Management Guidelines. Key to endorsement of exterior home construction within the Secondary Zone during the nesting season was the provision of monitoring to provide data upon which these modifications could be evaluated. Recommendations for monitoring have subsequently been formalized as Bald Eagle Monitoring Guidelines ( USFWS 2002). Millsap et al. (2002) provided further insight into the effectiveness of the Management Guidelines for protecting nesting bald eagles from development and human related disturbances. Productivity of bald eagles was compared at 60 "rural" nest sites (less than 5 percent of the land area within 1,500 meters of the nest was in intensive human use) with 60 "urban" nest sites (greater than 50 percent of the land area within 1,500 meters of the nest was in intensive human use), and it was determined that productivity was not significantly different between these nest site categories. They found that some bald eagles successfully coexist with intensive human activity and recommended it was critical to maintain suitable nesting sites (mature pine (Pinus sp.) trees) as refuges within green spaces where human activity should be prohibited during nesting periods. Packet Page -485- 3/13/2012 Item 9.A. NEST LOCATIONS AND SITE CONDITIONS Nest CO -009 is in the j oint of a live slash pine tree located near the northwest side of the Sabal gay property in Section 23, Township 50 South, Range 25 East (Figure 2). The nest is approximately 1,900± feet west of Holly Avenue, 3,1501 feet west of Kelly Road, and 2, 450± feet southeast of Bayview Park (Exhibit A). Nest CO -009A is in the joint of a live slash pine tree located approximately 740± feet offsite in an out parcel on the west side of the project site in Section 26, Township 50 South, Range 2S East (Figure 2). Nest CO -009A is approximately 1,200+- feet south of Holly Avenue and 2,850 feet southeast of bald eagle nest CO -009. Alternate nest CO -024 was located in the j oint of a live cypress tree on the east side of the Sabal Bay property in Section 19, Township 50 South, Range 26 East. Following a strong cold front at the end of March 2004, the nest fell from the tree. Nest CO -024A was located approximately 1,000 feet northwest of nest site CO -024 and is believed to be the first reported alternate nest site for this previously recorded territory. CO -024A was located approximately 2,100± feet southwest of Tamiami Trail East (U.S. 41). Directly south of the nest, approximately 1,600E feet, is undeveloped and agricultural lands that are part of the Wentworth PUD. Nest CO -028 is located in the j oint of a large slash pine tree near the southern property boundary in Section 36, Township 50 South, Range 25 East. The nest is surrounded by undeveloped land. NESTING HISTORY AND OBSERVATIONS Nesting history and direct nesting observations for CO -009, CO -009A, CO -024, and CO -024A were obtained from FWCC and Kevin L. Erwin Consulting Ecologists, Inc. ( KLECE). Passarella and Associates, Inc, (PAI) conducted nesting observations of CO -009, CO -009A, and CO -024 for a period of three to four times per week from February 27, 2004 through March 30, 2004. According to FWCC records and KLECE observations, bald eagle nest CO -009 was last active during the 2000 -2001 season. The nest was not utilized by eagles during the 2001 -2002, 2002 -2003, or 2003 -2004 nesting seasons. KLECE documented great horned owls in nest CO -009 during the 2002 =2003 nesting season. An ecologist from PAI recorded no activity conducted three to four times per week during the month of March 2004. Nest CO-009 has not been documented as a breeding site by eagles for the last three consecutive nesting seasons. According to FWCC records nest CO -009 was inactive during the 2002 -2003 season. The FWCC stated that nest activity was undetermined for the 2003 -2004 season, due to a late flyover. Nest CO -009A is believed to be the alternate nest site for the bald eagle breeding pair that occupy territory CO -009. According to the KLECE observations, the CO -009 alternate nest was first identified during the 2002 -2003 nesting season. The nest was observed to be active during the 2002- 2003 and 2003 -2004 seasons. Field observations by PAI made from approximately 1,200+- feet Am Packet Page -486- 3/13/2012 Item 9.A. southwest and 804± feet northeast of nest CO -009A, documented two adult bald eagles flying into the nesting area from the northwest, west, and southwest. The adult eagles were observed flying from the nesting area toward the northwest, west, and southwest during morning surveys. One juvenile bald eagle was observed soaring over the nest on March 16, 2004. Nest CO -009A has been undocumented by FWCC for the 2002 -2003 and 2003 -2004 nesting seasons. Nest CO -024A was located by Passarella and Associates, Inc. during a site visit conducted in March 2004. Adult bald eagles were observed flying to and from the nest toward the northwest, east/northeast, west, and south. Two adult eagles and two juvenile eagles were observed on the nest on March 17, 2004. One juvenile eagle was observed squatting in the nest, while the second juvenile was observed flying to perch 300± feet northwest of the nest. The nest was observed to be diminishing in size on March 30, 2004, as a result of a strong cold front which moved through the area during the weekend of March 27, 2004. During subsequent site visits it was noted that the nest had fallen from the cypress tree. Nest CO -024A was located approximately 1,000 feet northwest of nest site CO -024. The FWCC has documented nest CO -024A, located in a cypress tree, to be active for the past two nesting season. Nest CO -024 was first reported by the FWCC during the spring of 2001. On May 21, 2002 photographs were taken by KLECE documenting that the CO -024 nest had fallen from the pine tree. On November 25, 2003 and February 16, 2004 KLECE confirmed that the nest had not been rebuilt. Under the USFWS draft SLOPES guidance and Habitat Management Guidelines for the Bald Eagle in the Southeast Region, nest CO -024 is considered "lost" as of the completion of the 2004 -2005 nesting season. This lost nest determination is based on two consecutive breeding seasons (2003- 2004 and 2004 -2005) of loss of nest. Nest CO -028 was located during an aerial flyover event conducted by Passarella and Associates, Inc. on March 18, 2004. No eagles were observed during the flyover event. No further observations were recorded for CO -028. The FWCC documented nest CO -028 as active during the 2002 -2003 season, but inactive during the 2003 -2004 nesting season. BALD EAGLE MANAGEMENT PLAN FOR SABAL BAY This BEMP is proposed as part of the project and is intended to facilitate construction of residential features of the project while providing sufficient measures to minimize the potential for adverse impacts to nesting bald eagles that could occur as aresult of the proposed project. The project's site plan with protection zones is attached as Exhibit 2. Specific elements of the BEMP are as follows: 1. Infrastructure (grading; clearing; filling; paving; laying foundation; guttering; installation of underground utilities, and excavation; and installation of storm water management facilities) that will be constructed within 1,500 feet of the bald eagle nests will be installed during the non - nesting season (May 16- September 30). Infrastructure installation shall begin early during the non - nesting season, and any portion of such infrastructure installation that may require completion activities to extend into the following nesting season and/or at such time Packet Page -487- 3/13/2012 Item 9.A. the bald eagle nest is active (courtship, nest tending, egg laying, incubation, brooding and/or the fledging of the young is. occurring), such activities shall be accomplished and Monitoring Protocol. under the 2. No buildings/structures shall be constructed within 750 feet of a bald eagle nest. The project will only include surface water management areas, lakes and detention areas, within 750 feet of a bald eagle nest. Project activities (grading, clearing, excavation, and water management facilities) that will be constructed within 750 feet of the bald eagle nests will be constructed during the non - nesting season (May 16- September 30). Any installation that may require completion activities to extend into the following nesting season and/or at such time the bald eagle nest is active (courtship, nest tending, egg laying, incubation, brooding and/or the fledging of the young is occurring), such activities shall be accomplished under the Monitoring Protocol. 3- Single - family residences shall be constructed no closer than 750 feet from a bald eagle nest. Single - family residences constructed within 1,500 feet of nest shall not exceed 35 feet in height from base flood elevation. Vertical, interior, and finish construction may occur during the non - nesting season as needed without monitoring. Vertical construction (e.g., framing, laying foundation, siding, windows, roofing, etc.) and heavy construction (grading, ouring concrete (including driveways), painting other than by hand, etc.) occurring within 1,5p00 feet of a nest and during the nesting season shall be accomplished under the Monitoring Protocol. Interior and finish construction that is deemed not to be heavy construction by the USFWS may continue during the nesting season within 1,500 feet without monitoring. 4. Multi- family residences shall be constructed no closer than 750 feet from a bald eagle nest. Multi - family residences constructed within 1,500 feet of nest shall not exceed 50 feet in height from base flood elevation. Vertical, interior, and finish construction may occur during the non - nesting season as needed without monitoring. Vertical construction (e.g., framing, laying foundation, siding, windows, roofing, etc.) and heavy construction (grading, pouring concrete (including driveways), painting other than by hand, etc.) occurring within 1,500 feet of a nest and during the nesting season shall be accomplished under the Monitoring Protocol. Interior and finish construction that is deemed not to be heavy construction by ith the USFWS may continue during the nesting season within 1,500 feet without monitoring. 5. Mid -rises shall be constructed no closer than 1,500 feet from a nest. 6. The use of any chemicals which are known to be toxic to wildlife shall be prohibited within 750 feet of a bald eagle nest, and chemicals used for purpose shall be prohibited around the base of the nest tree. of controlling invasive exotic 7. Outdoor lighting installed within 750 feet of a bald eagle nest shall be subdued, shielded, and directed away from the nest tree. 8. Habitat features within the project that may be utilized presently or in the future by bald eagles for nesting, foraging, roosting, and/or perching shall be protected. Should the project Packet Page -488- 3/13/2012 Item 9.A. require the removal or alteration of habitat features used by bald eagles within the project limits, the applicant shall request permission from USFWS. The applicant must supply proof through site plans or other means that the feature can not be protected versus removed or altered. a Packet Page -489- 3/13/2012 Item 9.A. REFERENCES Anthony, R.G. and F.B. Isaacs. 1989. Characteristics of bald eagle nest sites in Oregon. Journal of Wildlife Management 53(1): 148 -159. Curnutt, J.L and W.B. Robertson, Jr. 1994. Bald eagle nest site characteristics in south Florida. Journal of Wildlife Management 58(2) :218 -221. Gerrard, J.M., P.N. Gerrard, W.J. Maher, and D.W.A. Whitfield. 1975. Factors influencing nest site selection of bald eagles in northern Saskatchewan and Manitoba. BIue Jay 33(3): 169 -176. Grier, J.W. 1977, Quadrat sampling of a nesting population of bald eagles. Journal of Wildlife Management 41:43 8 -443. Hardesty, J.L. 1991. Conservation of coastal nesting bald eagles in Florida: history, demography, and habitat use. Unpublished Masters Thesis, University of Florida; Gainesville, Florida. Johnsgard, P.A. 1990. Hawks, Eagles, and Falcons ofNorth America. Smithsonian Institution Press; Washington, D.C. King, J., F. Robards, and C. Lensink. 1972. Census of the bald eagle breeding population in southeast Alaska. Joumal of Wildlife Management 36 :1292 -1295. McEwan, L.C. and D.H. Hirth. 1979. Southern bald eagle productivity and nest site selection. Journal of Wildlife Management 43:585 -594. Mills`ap, B., L. Phillips, L. McConnell, N. Douglass, S. Taylor, J. Jones, T. Breen, and T. Steffer. 2002. Comparative fecundity and survival of bald eagles fledged from suburban and rural natal areas. WCC Annual Performance Report. Nesbitt, S.A., M.J. Folk, and D.A. Wood. 1993. Effectiveness of bald eagle habitat protection guidelines in Florida. Proc. Annu. Conf. SEAFWA. Pp. 333 -338. Packet Page -490- 3/13/2012 Item 9.A. REFERENCES (continued) Nesbitt, S.A., J.A. Bozzo, N.J. Douglass, K. Lamonte, P.S. Kubilis, T.W. Regan, S.T. Schwikert, and J.H. White. 2003. Bald eagle population monitoring. FWCC Annual Performance Report. Palmer, R.S. 1988. Handbook of North American Birds, Volume 4. Yale University Press; New Haven, Connecticut. Peterson, D.W. and W.B. Robertson, Jr. 1978. Threatened southern bald eagle. Pages 27 -30 in: H.W. Kale II, ed. Rare and endangered biota of Florida: volume two, birds.. University Presses Florida; Gainesville, Florida. Robards, R.C. and J. G. King. 1966. Nesting and productivity of bald eagles, southeast Alaska, 1966. U.S Fish and Wildlife Service; Juneau, Alaska. U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. U.S. Fish and Wildlife Service. 1989. Southeastern states bald eagle recovery plan, U.S. Fish and Wildlife Service; Atlanta, Georgia. U.S. Fish and Wildlife Service. 1999. Multi- species recovery plan for south Florida. U.S. Fish and Wildlife Service, Vero Beach, Florida. U.S. Fish and Wildlife Service. 2002. Bald Eagle Monitoring Guidelines. Weekes, F.M. 1974. A survey of bald eagle nesting attempts in southern Ontario, 1969 -1973. Canadian Field Naturalist 88(4):415 -419. Whitfield, D.W.A., J.M. Gerrard, W.J. Maher, and D.W. Davis. 1974. Bald eagle nesting habitat, density and reproduction in central Saskatchewan and Manitoba. Canada Field Naturalist 88(4):399 -407. 11 Packet Page -491- 3/13/2012 Item 9.A. REFERENCES (continued) Wood, P.B., T. C. Edwards, and M.W. ColIopy. 1989. Characteristics of bald eagle nesting habitat in Florida. Journal of Wildlife Management 53(2): 441 -449. Wood, P.B. 1987. Distribution, ownership status, and habitat characteristics of bald eagle nest sites in Florida. Final report Nongame Wildlife Project 85 -020, Florida Game and Fresh Water Fish Commission; Tallahassee, Florida. ) Packet Page -492- EXHIBIT A AERIAL WITH NEST LOCATIONS Packet Page -493- 3/13/2012 Item 9.A. }! �§ B ; § &� , §\ . Pckt age -94 . .. � 3/13/2012 I m 9.A. §!� E =I� d « § ■� 7 $§ &k . } � � 3/13/2012 Item 9.A. SITE PLAN WITH PROTECTION ZONES FOR NESTS Packet Page -495- N W W d O J Wca o C, ¢ CL J N n Q 2 1 � 1i � • 3/13/2012 Item 9.A. 3 �7 O aI m o 02 N z o -w a~ z ; Q H W r. 0 c s 3 z 3 W C N i 3/13/2012 Item 9.A. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005 -59 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005. DWIGHT E. BROCK v�� .'. • z' . ' Clerk of Courts aria . Clerk._. Ex- officio to Boat County Commissiongrs;:-: ` l3.4 �•i..l ..., . , ^y, . By: Ann Jennejohn, Deputy Clerk Packet Page -497- 3/13/2012 Item 9.A. ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 05 -59, THE SABAL BAY MIXED USE PLANNED UNIT DEVELOPMENT, BY AMENDING THE PUD DOCUMENT, EXHIBIT A, TO PROVIDE FOR: CHANGES IN DEVELOPMENT STANDARDS INCLUDING RIGHT OF WAY WIDTHS AND SIDEWALKS; ADDITION OF GENERAL PERMITTED USES TO INCLUDE OUTSIDE STORAGE AND TELECOMMUNICATION FACILITIES; REMOVAL OF GOLF AS A PERMITTED USE; ADDITION OF CAR WASH, POST OFFICE, DOCKS AND ELECTRIC BOATS AS ALLOWABLE USES IN THE RECREATION/VILLAGE CENTER TRACT; INCREASE OF PRESERVE BY 45 ACRES; INCREASE IN FLOOR AREA RATIO FOR ADULT LIVING FACILITY AND INCREASE IN HEIGHT; REMOVAL OF AFFORDABLE HOUSING AND REMOVAL OF BALD EAGLE MANAGEMENT PLAN AND GOPHER TORTOISE RELOCATION MANAGEMENT PLAN ON PROPERTY LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U. S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY IN SECTIONS 23, 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416 + /- ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 15, 2005, the Board of County Commissioners approved Ordinance No. 05 -59 which established the Sabal Bay Mixed Use Planned Unit Development (PUD); and WHEREAS, Margaret Perry of Wilson Miller Stantec and R. Bruce Anderson, Esquire of Roetzel & Andress, LPA representing CDC Land Investments, Inc. and Collier Land Development, Inc., petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance No. 05 -59, the Sabal Bay Mixed Use Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Sabal Bay MPUD/PUDA- PL201147 Rev. 1!26/12 Page 1 oft Packet Page -498- 3/13/2012 Item 9.A. SECTION ONE: AMENDMENTS TO THE PUD DOCUMENT EXHIBIT A OF ORDINANCE NO. 05-59 The PUD Document, Exhibit A of Ordinance No. 05 -59, is hereby amended and replaced with Exhibit A attached to this ordinance amendment. SECTION TWO: REMOVAL OF APPENDIX A OF THE PUD DOCUMENT EXHIBIT A OF ORDINANCE NO. 05-59 Appendix A of the PUD Document, Exhibit A of Ordinance No. 05 -59, which contains the Bald Eagle Management Plan, is hereby deleted in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this _ _ _ day of , 2012 ATTEST: DWIGHT E. BROCK, CLERK am Approved as to form and legal sufficiency: , Deputy Clerk Steven T. Williams k11- Assistant County Attorney jl Attachment: Exhibit A - PUD Document CP \l l- CPS - 01105 \76 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Sabal Bay MPUD/PUDA- PL2011-47 Paae 2 of 2 Rev. 1/26/12 Packet Page -499- 3/13/2012 Item 9.A. Sabal Bay A MIXED-USE PLANNED UNIT DEVELOPMENT 2,416.0849 +/- Acres Located in Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida PREPARED FOR CDC Land Investments Inc. and Collier Land Develoymcnt Inc 2550 Goodlette Road North #100 Naples, FL 34103 PREPARED BY: t7C1"C'F -•ShYt 1f',F�i'T��P � 311 1 A T 9 � f X177 WilsonMiller Stantec 3200 Bailpy Lane _Suite 200 Naples. FL 34105 And .. .aalna L'T Z 4.103 s Ro"I and Andress 850 Park Shore Drive, Cenixe 3`° Floar Naples, FL 34103 EXHIBIT "A" DATE REVIEWED BY CCPC DATE REVIEWED BY BCC ORDINANCE NUMBER AMENDMENT AND /OR REPEAT, Words underlined are additions; words stFuGk throuO are deletions. Sabai Bay MPUD Amendment— PUDA- PL2011 Packet Page -500- TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION$ GENERAL DESCRIPTION. AND DENSITY SECTION II PROJECT DEVELOPMENT SECTION III RESIDENTIAL C6 ( "RAW") SECTION IV RECREATION/VILLAGE CENTER C RECNC ") SECTION V COYMMCIAL /OFFICE ( "CO ") SECTION VI PRESERVE C71 SECTION VII PUBLIC FACILITIES ( "PF ") SECTION VIII GENERAL DEVELOPMENT COMMITMENTS EXHIBIT A MPUD MASTER PLAN EXHIBIT B LEGAL DESCRIPTION EXHIBIT C A bbLT�z SCHEDULE OF DEVIATIONS -A- i Words underlined erlined are additions; words laugh are deletions. Sebal Bay MPUD Amendment — PUDA- PL2011 Packet Page -501- 3/13/2012 Item 9.A. PAGE ii 1 -1 2 -1 3 -1 41 5 -1 6 -1 7 -1 8 -1 3/13/2012 Item 9.A. STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the applicants, (WGI )l ate CDC Land Investments, Inc., and Collier Land Development,_ Inc.. hereinafter Mixed - referred to as the Owners, to create a Mixed -Use Planned Unit Development (MPUD) on 2,416.OP9 +/- acres of land located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The name of this MPUD shall be Sabal Bay. The development of Sabal Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GNP). The development will be consistent with the GNP goals, objectives and policies, Development Code , and other applicable regulations for the following reasons: 1. The subject property is within the Urban Coastal Fringe Sub - District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe Sub - District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. a) The proposed residential density of Sabal Bay is 4-.2-6 0.85 dwelling units (DUs) per acre, 1,999 units/4-38&2,350 acres, which excludes the N Eag aples &; � ' ��el�se -ne- Diet -shy 50 acres of commercial uses, 42:40 and the 16 acres of recreation/ ' 1 e center uses 7-11.67- m of . This density is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The base density allowed by the FLUE for the entire subject property is four (4) DUs per acre. Due to the project's location within the Traffic Congestion Zone, one (1) dwelling unit is subtracted from the base density permitting a maximum density of three (3) dwelling units per acre. b) The maximum combined density and intensity within this PUD shall not exceed the Development of Regional Impact (DRI) thresholds for mixed -use developments, established for Collier County on the date of adoption of this PUD. Specifically, this PUD is limited to a maximum of: one - hundred and sixty percent (160 1/6) of any combination of the individual DRI thresholds for three or more uses, including residential, office, and retail, del uses, and no single use exceeds one - hundred percent (100 %) of the DRI threshold for that use. Further, in no case shall commercial uses, inclusive of the existing 87,038 101,8 square feet of existing commercial development, exceed the following: 250 hotel rooms; 200,000 square feet of retail; and, 60,000 square feet of office. c) The undeveloped and developed commercial acreage is consistent with the provisions of the FLUE as it is located within Activity Center # 17 at US 41 and Thomasson Drive. d) Commercial uses within the Recreation/Village Center District are consistent with FLUE Map -11, which identifies existing zoning consistent with the FLUE by Policies 5 -9, 5 -10, 5- 11, and 5 -12. Moreover, the area and allowable uses within the Recreation/Village Center District are consistent with the provisions set forth in Policy 5.1. ii Words underlined are additions; words s#skag# are deletions. Sabal Bay MPUD Amendment — PUDA- Pt2011 Packet Page -502- 3/13/2012 Item 9.A. 3. The Sabal Bay MPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with the LDC as set forth in Objective 3 of the FLUE. S. The development of the Sabal Bay MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The Sabal Bay MPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10, of the LDC. Transportation concurrency is partially vested in that the Devekq�e� _Owners are entitled to a Certificate of Adequate Public Facilities for transportation concurrency for 1,766 dwelling units, upon compliance with the provisions set forth in the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, and further amended on April 22 2008 and June 22, 2010 between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. 8. By virtue of compliance with the provisions of Chapter 6, of the LDC, the project will also implement, and further Objective 2.0 of the FLUE, Objective 1.2 of the Sanitary Sewer Sub - Element, and Objective 1.5 of the Recreation and Open Space Element. 9. The native vegetation provisions of the Sabal Bay MPUD implement Policy 6.1.1 of the Conservation Coastal Management Element in that native preserves will be incorporated into the project design. 10. The development's commitment regarding the Lely Area Stormwater Improvement Project (Section 8.6(E) of this Document) is consistent with and furthers Policy 1.3.4 of the Drainage Sub - element of the Public Facilities Element in that it improves the existing Lely Canal drainage facility. SHORT TITLE This ordinance shall be known and cited as the "SABAL BAY PUD M MD -USE PLANNED UNIT DEVELOPMENT ORDINANCE ". iii Words underlined are additions; words stmek tugh are deletions. Sabal Bay MPUD Amendment— PUDA- PI2011 Packet Page -503- 3/13/2012 Item 9.A. SECTION I LEGAL DESCRIPTION, GENERAL DESCRIPTION, AND DENSITY 1.1 PURPOSE The purpose of this Section is to set forth the legal description sad awEwship of the Sabal Bay MPUD, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The subject property referred to within this Document as "project site" and "project area ", is comprised of 2,416.8549 +/- acres, and located within Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, and is legally described as: See Exhibit "B!! 1.3 GENERAL DESCRIPTION OF PROPERTY A. The subject property is located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The property is generally located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway in the western portion of Collier County. B. The zoning classification of the subject property, at the time of the MPUD application is PUD, A. - Agriculture, and A -ST — Agriculture Special Treatment Overlay. C. Elevations within the subject property are approximately 8 to 11 feet above MSL 79- TTX l ♦ 1200670 584 ! , Finished floor elevations within the Sabal Bay develo ment will be set in accordance with the FEMA Flood Elevation or SFWMD ERP in effect at the time of development permitting, whichever is greater. D. A large portion of the subject property contains native vegetation habitats of varying quality. The property also contains a significant amount of jurisdictional wetlands. An Environmental Impact Statement (EIS) has been submitted, pursuant to Subsection 10.02.02(A) of the LDC, and provisions for on -site preservation of higher quality wetlands, interspersed with uplands, are incorporated into the design of the conceptual master plan, and overall water management system. The Saba] Bay MPUD contains a wide variety of vegetative communities inventoried and AVOW 1 -1 Words underlined are additions; words stsg# are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 Packet Page -504- 3/13/2012 Item 9.A. mapped in the EIS. The site has been designed to provide for onsite protection of habitat for listed species. E. The soil types on the subject property include a variety of hydric and non- hydric soils listed in EIS. F. The subject property is located within the .tAaff9hed --Lely Main Canal, Lely Manor Canal and Miscellaneous Coastal cLrainage basins. G. A portion of the subject property is located within the City of Naples Water Service District. H. The subject property is partially developed pursuant to the January 7, 2002 Preliminary Development Agreement (PDA) with the State of Florida's Department of Community Affairs to allow development on 83 acres of the property within Collier County. 1.4 DENSITY A. A maximum of 1999 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office (C /O) development, and Village Commercial (REC/VC , ' iatted r-i } -el-%a , is approximately 4-5" 2,350 acres. The gross project density shall be a maximum of 446 0.85 dwelling units per acre. 1 -2 Words underlined are additions; words stFusltsug# are deletions. Sabel Bay MPUD Amendment- PUDA- PL2011 Packet Page -505- 3/13/2012 Item 9.A. SECTION H PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Sabal Bay MPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Sabal Bay MPUD will be a mixed -use planned unit development. The MPUD will incorporate residential, golf:, commercial, recreational, and preserve land uses. The northeastern portion of the property along US 41 is located within Activity Center # 17 and shall allow for commercial/office uses. There currently exists 87,039 101.894 square feet of retail development within the MPUD authorized to be constructed pursuant to a PDA between Collier Development Corporation and the State of Florida Department of Community Affairs. The other uses shall be distributed throughout the remainder of the MPUD property, as set forth on the MPUD Master Plan (Exhibit A). Access to the property shall be from East Tamiami Trail (US 41), Thomasson Drive, Hamilton Avenue and Bayshore Drive. The project will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services shall be provided as deemed appropriate. B. The MPUD Master Plan is illustrated graphically as Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The Master Plan is conceptual, and the location, size, and configuration of individual, residential, commercial, recreational areas, water management features, and tract development areas shall be determined at the time of site development plan (SDP) and/or subdivision plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Sabal Bay MPUD shall be in accordance with the contents of this MPUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this MPUD Ordinance) and the GNP in effect at the time of issuance of any development order to which said regulations authorize the construction of improvements, such as but not limited to subdivision plat, SDP, excavation permit and preliminary work authorization. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. 2 -1 Words underlined are additions; words stFus8 thmuo are deletions. Sabal Bay MPUD Amendment— PUPA- PL2011 Packet Page -506- 3/13/2012 Item 9.A. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be. the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this MPUD shall be subject to the Adequate Public Facilities Ordinance, Section 6.02.00 and Section 10.02.07 of the LDC. At this time, 1,766 residential units are vested for transportation concurrency pursuant to the terms of the Standard Form Collier County Contribution Agreement for Road hnpact Fee Credits dated October 22, 2002, and amended AgIR 22, 2008 and June 22 2010 between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. In addition, 97,038 101,894 square feet of commercial development exists within the MPUD boundary. D. Unless modified, waived or excepted by this MPUD or by subsequent request, the provisions of other sections of the LDC remain in effect with respect to the development of the land which comprises this MPUD. E. All conditions imposed herein or as represented on the Sabal Bay Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Section 10.02.04 and Appendix B) shall apply to the Sabal Bay MPUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to Subsection 10.02.02(B) the LDC. G. The Site Development Plans Section of the LDC (10.02.03) shall apply to the Sabal Bay MPUD, except where an exemption is set forth herein or otherwise granted pursuant to Subsection 10.02.03(B) of the LDC. H. Recognizing that the MPUD Master Plan does not designate specific dwelling unit types, the type of dwelling unit which characterizes the initial development of any platted tract or phase of a platted tract shall be carried out throughout the development of that tract or phase. I. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as they exist on the date the MPUD is approved. The project shall be monitored through the PUD monitoring process on an annual basis and during SDP and/or subdivision plat review process, as may be applicable. 2.4 ROADWAYS A. Roadways within the Sabal Bay MPUD shall be privately and/or CDD owned and maintained, except for Thomasson and e v Carding which will be public roads. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or 2 -2 Words underlined are additions; words StRwoh euo are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -507- 3/13/2012 Item 9.A. excepted by this MPUD or approved during subdivision plat approval. The develepff Owners reserves the right to request substitutions to design standards in accordance with Subsection 10.02.04(A)(3) of the LDC. The devel Owners retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the develeM Owners on all internal and privately owned and maintained project roadways. B. Roadways within the Sabal Bay MPUD shall be designed and constructed in accordance with Chapter 10 of the LDC with the following substitutions: L Streets and access improvements a. Street Right -of -Way Width: At the discretion of the devehgw Owners, the minimum right -of -way width to be utilized for local streets and cul -de- sacs may be fifty feet (50'), a deviation from LDC Subsection 6.06.01(0) that requires rights -of- way for local roads to be at Ieast sixty feet (60'). Drive aisles serving multi - family tracts shall not be required to meet this standard. Additionally, in specific cases where development roadways cross potential wetland or upland preserves the Owners shall have the abi ito reduce the required n t of way width below the current 50 foot minimum to a width of no less than 40 feet. b. Dead -end Streets: Cul -de -sacs may exceed a length of one thousand feet (1,000'), a deviation from LDC Subsection 6.06.010 that limits cul-de -sacs to 1,000 feet. c. Reverse Curves: Tangents between reverse curves are not required for any local street design in this MPUD. A deviation from Section III, Exhibit "A ", Design Requirements for Subdivisions C.13 j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66. d. In specific cases where development roadways cross potential wetland or upland preserves the Owners shall have the ability to utilize rip ram backslope treatment vv�th a slope no steeper than 2.1 and for a maximum height of 36 inches for the length of the roadwa crossin a deviation from Section 4.06-05.J. Owners may utilize structural retaining wall to m,n,raize potential wetland or upland impacts for backfill elevations exceeding 36 inches in height for the Ieneth of the raadwa crossing In these specific cases a d rail s stem desi ed to withstand vehicular impact will be provided 2 -3 Words underlined are additions; words 6tFUGlAgreu0 are deletions. Sabel Bay MPUD Amendment — PUDA- PL2011 Packet Page -508- 3/13/2012 Item 9.A. 2.5 SIDEWALKS/BIKEPATHS, BIKE LANES A. Sidewalks: All p vately and/or CDD owned roads internal to the Sabal Bav MPUD shall have a .. si* five foot (b 5') wide sidewalk on both sides of the street as illustrated on Exhibit A, or a minimum ten foot (101) wide pathway on one side of the street which may meander in and out of the right -of -way. This constitutes a deviation from LDC Subsection 6.06.02.A which requires arterial and collector roadways to provide a six foot (6') jde sidewalk on both sides of the street. B-. Bike betik sides of-eaReeter and I-sktets. G:B. Pursuant to Chapter 6.06.02 of the LDC, sidewalks/bike paths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right -of -way serving the adjacent residential tract. 2. Sidewalks may be located outside platted rights -of -way when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment at the point of encroachment. 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 22- 122(al) of the Collier County Code of Laws and Ordinances may be reduced subject to the provisions established in Section 22- 122(al) of the Collier County Code of Laws and Ordinances. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 22- 122(e3) of Collier County Code of Laws and Ordinances, and subject to permit approval from the South Florida Water Management District. Removal of fill and rock from the Sabal Bay MPUD shall be administratively permitted to an amount up to ten (10) percent -}uk$ (20,000 cubic yards maximum), unless the project is issued a commercial excavation permit. 2.7 FILL STORAGE Fill storage is generally allowed throughout the Sabal Bay MPUD. Fill may be transported and stockpiled within areas that have been disturbed / or farmed. Prior to stockpiling in these locations, the dwieleper Owners shall notify the e a:�;T -� Countanauer or his designee and shall demonstrate compliance with the following standards: 1. Stockpile maximum slope: 2:1 2. Stockpile maximum height: Thirty Feet (30') 2-4 Words _underlined are additions; words sttekthFeugh are deletions. Sabal Bay MPUD Amendment — PUDA- PI2011 Packet Page -509- 3/13/2012 Item 9.A. 3. Fill storage in excess of six feet (6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. This excludes fill storage areas associated with the Lely Area Surface Drainage Improvements Project. 4. Soil erosion control shall be provided in accordance Subsection 10,02.02.0 of the LDC. 5. Stockpiles with side slopes greater than 4:1 shall be fenced with childproof fencing. 2.8 USE OF PRIVATE AND /OR CDD RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and eve approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.9 MODEL HOMES /SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES A. Models, sales/rental centers and other uses and structures related to the promotion and sale, resale, and/or rental of real estate and sports memberships such as, but not limited to, pavilions, viewing platforms, gazebos, tents, parking areas, and signs, shall be permitted principal uses throughout the Sabal Bay MPUD subject to the requirements of Chapters 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the LDC. Such temporary use permits shall be valid through the life of the project with no extension of the temporary use permit required. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and, where required, associated SDP or site improvement plan (SIP) application(s) for residential models, shall be submitted, and approved pursuant to Chapters 4.05.00, 4.06.00, 5.06.00, and 5.04.04 of the LDC, with applications for the subdivision plat. The location of the model units within a future platted lot shall be depicted on the SDP or SIP, as the case may be. All model units shall be located on lots that will be platted through subsequent development order approvals, and shall comply with all development standards applicable to said lots. C. Temporary uses for sales centers may be serviced by temporary well and septic systems. D. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re -sale of residences within the boundaries of the Sabal Bay MPUD and/eFtel€-and sports club memberships. The 2.10 CHANGES AND AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Words underlined are additions; words 2 -5 stFuGk O rwgh are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -510- 3/13/2012 Item 9.A. Changes and amendments may be made to this MPUD Ordinance, MPUD Master Plan as provided in LDC Subsection 10.02.13.E. Minor changes and refinements as described in Section 8.3 C of this Document, may be made by the deve6M Owners in connection with any type of development or permit application required by the LDC. 2.11 COMMON AREA MAINTENANCE Common area maintenance shall be provided by a Community Development District (CDD) established pursuant to Chapter 190, Florida Statutes, or by a property owners' association. For those areas not maintained by a CDD, the develep Owners will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems. 2.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Sabal Bay MPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms: 4:1 2. Ground covered berms: a. Perimeter: 3:1 b. Internal to project: 3:1 3. Other slope stabilizing materi als and landscape features, including natural or manmade rock features and geotextile mats, where necessary, excluding rip rap: 1:1 4. Structural walled berms: vertical B. Fence or wall maximum height: 1. Perimeter fences or walls and fences and walls sepaELIiLig commercial uses in the CO I. CO2 and CO3 areas from residential areas shall be permitted at a height of W to eight feet (8'), as ured -filmm the finished 9M& 0 n to of a berm of 0 to four feet (4D. This constitutes a deviation from Subsection 5.03.029.0 of the LDC egevAn wag eight to be me 4 ffem finished 9 maw oh—an- ewdisfinmg greata ft 331. grade 1 a' 1. 11 4 i.. *i 1. 41,.n« 4 feet �.. 2. All other fences or walls shall not exceed a height of six feet (6') as measured from the finished floor elevation of the nearest residential structure. Fences or walls constructed on a landscaped berm shall not exceed 2 -6 Words underlined are additions; words stmek4hfeuO are deletions. Sabal Bay MPUD Amendment— PUDA- PL201' Packet Page -511- 3/13/2012 Item 9.A. a height of six feet (6'), as measured from the top of the berm and the combination of berm and fence shall not exceed eight feet (8'), as measured from existing grade. 3. Entrance features, which are an integral part of security and access control structures such as gatehouses and control gates, shall be subject to the height limitations for principal residential structures, not to exceed 35 feet. C. Pedestrian sidewalks and/or bike paths and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location, as required in Chapter 4.06.02 of the LDC. Water management systems, and drainage structures, shall be permitted within a required buffer as provided in Subsection 4.06.021)(4) of the LDC. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Policy 5.6 of the FLUE of the Collier County GMP. B. The Sabal Bay MPUD is a planned community and shall be developed under unified control. The devehqw Owners will establish design guidelines and standards to ensure a high and consistent level of quality for residential units and related community features and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sabal Bay MPUD except in the Preserve Area. General permitted uses are those uses which generally serve the deeleHe Owners and residents of the Sabal Bay MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Water management facilities and related structures. 2. Irrigation treatment and distribution facilities. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 2 -7 Words underlined are additions; words StFUskthmugh are deletions. Sabal Say MPUD Amendment — PUDA- PL2011 Packet Page -512- 3/13/2012 Item 9.A. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the develepw Owners and develepeF!a Owners' authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.12 of this Document is provided. the Owners shall install an eight foot W. wall or fence on ton of a four foot (4') berm for screening/bAWN Purposes Prior to any storage use. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — Twelve feet (12') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from MPUD boundary: See Table I, Section III, Development Standards. 3. Minimum distance between unrelated structures - Ten feet (10') 4. Maximum height of structures —. See Table I, Section III Development Standards. 5. Minimum floor area — None required. 6. Minimum lot or parcel area — None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of SDP approval. 2.15 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed -use residential projects maintain open space at a minimum of 30% 'of the entire MPUD. The MPUD Master Plan identifies preserves, 2 -8 Words underlined are additions; words stFwelchr$wgh are deletions. Sabat Bay MPUD Amendment — PUDA- PL2011 Packet Page -513- 3/13/2012 Item 9.A. lakes, recreation tracts, including golf r-eH$e emd buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Subsection 4.02.01B of the LDC for mixed -use developments. 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of 559.52 537.61 acres (25% of the 2,238.0 2,150.45 +/- acres of native vegetation on site) is required to be retained or replanted. For the purposes of this MPUD, the Preserve Tracts, which equal 56% 61 % +/- (4;256 -24 1,302 acres) of. the 2,23 8. 2.150.45 +/- acres of native vegetation occurring on site, will fully satisfy the native vegetation requirements of Collier County. No other vegetation relocation or revesetation is re uired. Of the 2,416.8549 t acres on the project site, � 266.04 t acres are not considered habitats with native vegetation present. Those habitats not included as native vegetation habitats include commercial uses, open water, cleared lands, and agricultural lands. Of the remaining habitat types, exotic plant species coverage was not evaluated according to canopy coverage alone; therefore, these habitats are not excluded from the native vegetation preservation requirement pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the GMP. Since the on -site preserve will exceed the GMP requirement, the applicant has elected not to fiurther evaluate native habitats on -site to exclude them from this requirement. 2.17 SIGNAGE. A. GENERAL All signs shall be in accordance with Section 5.06.00 of the LDC except in the following instances. 1. Two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet as measured from finished grade, These signs shall not contain more than the project name of the individual tract, the main project name or any major use, the insignia or motto of the project and the develepeF4 Owners' name and logo. Said signs shall be located so that they are visible only internal to the Sabal Bay MPUD. This constitutes a deviation from Subsection 5.06.8 02.B.6 of the LDC, which limits such signs to 64 square feet. 2. Two ground signs are permitted for each project entrance (on US 41, Thomasson Drivel Hamilton Avenue and Bayshore Drive), and shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the `ewe" l —Om ers' 2 -9 Words underlined are additions; words stFuek4hrough are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -514- 3/13/2012 Item 9.A. name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. This constitutes a deviation from LDC Section 5.06.05 02 and 5.06.04 which limits such signs to 64 square feet. 3. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "XI). The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two- sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the develepeF'-s Owners' name and logo. 4. in the case of commercial development within the RECNC District, which is internalized within the MPUD, and in consideration of mixed -use and/or neo- traditional development, signage may vary from the requirements of Chapter 5.06.00 of the LDC. 5. Traffic signs, such as street signs, stop signs, speed limit signs, internal directional signs, and the like, shall be designed to reflect a common architectural theme. The placement and size of such signs shall be in accordance with the LDC, or other applicable County regulations. 2 -10 Words underlined_ are additions; words stnck4hMugh are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 packet Page -515- SECTION III RESIDE 3.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as "W, ResidentialICTel€ 3.2 MAXIMUM DWELLING UNITS A maximum of 1,999 approved residential dwelling units may be constructed on lands designated "WW' Residential on the MPUD Master Plan. For purposes of project density, 4 ALF /CCRC units shall constitute 1 gel€ residential dwelling unit. However, the maximum density on tract R/G8 is limited to 390 dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "R/ ," ResidentiaVCel€, on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.14 of this Document, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "Rig% ResidentiWfieW, is indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP, or subdivision Plat approvals, in accordance with Sections 10.02.03 and 10.02.04 of the LDC. Residential/ eW tracts are designed to accommodate internal roadways, open spaces, gel€ wars Hises -and other similar uses found in residential areas. 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: 1. Single family attached and detached dwellings, townhomes. 2. Single family and zero lot line dwellings. 3. Two - family and duplex dwellings. 4. Multi - family dwellings including mid -rise, coach home and garden apartments. Multi- family buildings are limited to a maximum building height of 50 feet measured as set forth in the LDC Section 1.08.02 3 -1 Words underlined are additions; words CAN& thmugh are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -516- 3/13/2012 Item 9.A. Definitions "building, zoned height of,, except that within tract R404, depicted on Exhibit "A ", multi.-family buildings shall be permitted up to a height of 10 residential floors over parking, not to exceed a zoned height of 150 feet', and an actual height of 165 feet. 5. Timeshares which all not be counted as tempo lod ' units but _which shall be counted as residential dwelling units. 6. Model homes and model home centers including offices for project administration, construction, sales and marketing. 7. Assisted living facilities (ALF) and/or continuing care retirement communities C( CRC) with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty W n, (Such pharmacy and convenience store are permitted as ancillary ancillary medical or personal service uses shall only be accessed from inside the ALF or CCRC . No external signage or advertising is permitted in support of these ancillary medical or personal service uses. As ancillary uses, not intended for utilization by the general public, such ancillary medical or personal service uses shall be limited in size and intensity to an amount determined to be necessary to serve the residents of the ALF or CCRC, their guests, and the facility employees. ALF and/or CRRC are rohibited in the R2 -B R5 and R7 areas as indicated on the MPUD Master Plan. 9.8. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. 2. Community, —aa6-geff-eeume related recreational facilities and structures including clubhouses, health and fitness facilities, restaurants, cocktail lounges, pools, meeting rooms, community buildings, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve community residents and their guests. 3 Community maintenance facilities, water management facilities, and utility and maintenance structures and staff offices. 3 -2 words underlined are additions; words stmekAhMq# are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -517- 3/13/2012 Item 9.A. 4. Boardwalks nature trails shelters 3dewing. piers, viewin riatforrns educational signs, kiosks elevated paths and docks or platforms for launching and mooring or storage of non motorized vessels g movable storage racks Electric boats are an allowed accessory use 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Sabal Bay MPUD Residentia14909 Area. Standards not specified herein shall be those specified in Chapter 5 of the LDC in effect as of the date of adoption of this MPUD Ordinance. B. The following standards shall be applicable to the proposed ALF or CCRC use. The ALF or CCRC use isprohibited in the R2 -13 R5 and R7 areas depicted on the MPUD Master Plan Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. 1. Minimum Lot Size: 1 acre. 2. Minimum Yard Requirements: i) Front: 25 feet one -half 1 /2 the height of the principal structure ii) Side: 44-feet one half (1/21 the sum of the height of principal structures, except no setback shall be required from any lake easement. iii) Rear: 95 f et one -half (1/21 the height of the principal structure except that no setback shall be required from any lake easement. iv) Setback from U.S. 41 • same as height of the principal structure 3. Floor Area Ratio: 9:45 0.60 FAR. 4. Maximum height: 3 stefies ever e e4evel ef not to exceed a zoned height of -5A 80 feet and an actual height of 95 feet. C. Site development standards for single family, zero lot line, two- family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi - family standards apply to platted parcel boundaries, unless otherwise specified. D. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of SAP approval. Unless otherwise. indicated, required yards, heights, and floor area standards apply to principal structures. IWO 3 -3 words underlined are additions; words MtA eVO are deletions. Sabal Bay MPUD Amendment, PUDA- PL.2ol1 Packet Page -518- 3/13/2012 Item 9.A. I: SABAL BAY NIPUD DEVELOPMENT STANDARDS FO� G" RESID EN AREA TABLE MULTI TWO SINGLE TIMESHA RE CLUBHOUSE/ ALFs SINGLE ZERO LOT FAMILY/ FAMILY DWELLINGS RECREATION C , s SETBACK FAMILY LINE DUPLEX ATTACHED/ LFJC CLUDING BUILDINGS DETACHED TOWNHOME TOWNHO S PRINCIPAL STRUCTURES10'" 3,500 SF Per Section Minimum Lot Area 5,000 SF 4,000 SF pert or , W 2,600 SF 3-5 N/A 10,000 SF 3.5 B 35' per lot 20, NIA N/A N/A Minimum Lot Width 2 35' 40' or unit 15' or .5 BH, whichever is greater, SA�� Per Section Front Yard Setback6 15' 15' 15' 15' xe�e and a minimum of 75 20' 3.5 B feet from the PM eter bound 15' or .5 BH, whichever is greater, Front Yard for Side? 10' 10' netts Wceaed-39-feeb and a minimum of 75 N/A N/A Entry Garage 10' 10' feet from the PUD crimeter boun 15' or .5 BH, whichever is greater, ewood-SUW4 p on Rear yard 10' 10' 10' 10 nette and a minimum of 75 15' 3.5 feet from the PUD erimeter boun 15' or 50% of BH, whichever is greater �0-fe� Per Section Side Yard �' �' 0' or 6''� 0' or 6= 3' *3 0' or g 5'' mat- to -�e®ed and a minimum of 75 10' 3.5 B feet from the PUD perimeter boundary 4 �e1€6et>se 0 0 0 25' 25, 0 25, 0 25' 0 25' 8 25' From Preserve 25' 50' above FEMA SS' Per Section Maximum Heights 35' 35' 35' 351 elevations'? 3.53 1200 SF 1200 SF 1200 SF 1200 SF 700 SF N/A N/A e Floor Area Minimum S 15' or .5 SBH, 15' or .5 SBH, Minimum Distance k2' -1Q' 10' �2' 10' �� 10 15' or .5 SBH, whichever is greater - whichever is 4 whichever is 4 Between Principal Structures4 greater ACCESSORY STRUCTURES1%0 SPS SPS SPS SPS SPS SPS Front SPS SPS SPS SPS SPS SPS SPS 10' SPS 10' Side Rear 5 5' 5, 10' 10' 10' 51 10' 5p 10' 7—. 10' 10' From Preserve Minimum Distance 10' 0' or 1 0' 0' or10' 0' or 10' 0' or 10i4 0' or 10'4 0' or 10' Between Accessory 0' or Structures on same lot Minimum Distance Between Accessory 0' or 10' 0' or 10' 0' or10' 0' or 10' 0' or 10'4 0' or 10'4 0' or 10' and PrincipleAl Structures on same lot SPS SPS SPS 50' SPS _W 80' Maximum Hei t SPS 3-4 Words underlined are additions; words stpjGk4hfGvO are deletions. Packet Page -519 - Sabal Bay MPUD Amendment– PUDA- PL2011 -047 – -- 3/13/2012 Item 9.A. BH: Building Height — measured as defined in LDC Section 1.08.02 Definitions "building, zoned height of." SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. SPS: Same as Principal Structure Front yards shall be measured as follows: If the parcel is served by a public or private right -of -way, setback is .measured from the adjacent right -of -way line. *1- Setback from lake easements for all accessory uses and structures may be 0 feet. Setback from preserve areas shall be 25 feet for principal structures and 10 feet for accessory structures, or as may otherwise be permitted in accordmce with the applicable provisions set forth in LDC Section 3.05.07. *2 - Minimum lot width for cul- de-sac lots consistent with the measurement standards established in the LDC. *3 - Zero feet (0'). Where the zero foot (0) yard option is utilized, the opposite side of the structure or attached structures shall have a twelve ten foot (4-2 10) side yard. Where zero lot Iine development is proposed, a conceptual site plan shall be submitted with the application for final subdivision plat approval. The conceptual site plan shall depict the proposed location of dwelling units and the required setbacks. *4 - Distance between principal and accessory structures for multi - family development: Where common architectural themes are utilized for a common development tract, distances between principal structures may be reduced subject to Fire District approval at the time of site plan review. In no case shall the distance between principal structures be less than 10 feet or .25 SBH, whichever is greater. A common architectural theme shall be demonstrated during SDP review through submittal of drawings and renderings depicting common signage, common entry design features, common landscape and landscape features, and common architectural building design features, *5 — Building height is measured as set forth in LDC Section 1.08.02 Definitions "building, zoned height oE" Actual hei t of structures in Sin le Family! Detached. Zero Lot Line Two Familv/Duplex, and Single Family Attached/Tawnhomp categories shall not exceed forty five feet (4S'1 Mud-u Mulq-famulv/tumeshare structures within Tracts- R/G4, as depicted on the MPUD Master Plan (Exhibit "A ") shall have a maximum height of 10 residential floors over parking, not to exceed 150 feet of zoned height as measured pursuant to LDC Section 1.08.02 Definitions `Buildings, zoned height of ", and a maximum actual height of 165 feet. *6 — Front loading garages shall have a minimum front yard setback 23 feet, as measured from the back of sidewalk. Side loaded garages may be located less than 23 feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. *7 — 50 feet for RQ8. *8 — Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. There is no minimum floor area established for an ALF or CCRC; however, the maximum Hoar area ratio ��) .6g. The ALF /CCRC use is prohibited in the R2 -B RS and R7 areas *9 — Minimum separation between parking decks under mid -rise structures shall not be less than 60 feet. 10 - In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC applicable provisions in effect at the time or permitting, }} -r « 3 -5 Words underlined are additions; words are deletions. SabalBay MPUD Amendment — PUDA- PL2011 -047 — Packet Page -520- SECTION N RECREATIONNILLAGE CENTER 4.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as RECNC, "Recreation Nillage Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the RECNC Tract is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Section 10.02.03 and Section 10.02.04 of the LDC. The RECNC area shall accommodate a variety of recreational, water management, open space, commercial uses, including temporary lodging establishments, as well as customary accessory uses associated with the permitted principal use, and essential services. The RECNC Subdistrict shall not be subject to the conditions, limitations or restrictions set forth in Chapter 4.07.04 of the LDC. The commercial uses identified within this subdistrict are permitted pursuant to FLUE Map 11 that establishes exempt commercial areas within the boundaries of the MPUD which have been determined to be consistent by policy (FLUE Policy 5.9). Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRi thresholds established for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as those regulations exist on the date this MPUD is approved. The developer Owners shall provide the County with incremental development information, including the aggregate commercial square footage within the RECNC Tract and within the PUD in total, as required during the annual PUD monitoring process, and through the SDP and/or subdivision plat application submittal process. 43 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. Permitted Principal Uses and Structures: 1. Recreational facilities and structures such as, but not limited to, pools, tennis courts, health and fitness facilities, clubhouses, pro shops, meeting rooms, community buildings, playgrounds, and playfields, docks, and electric boats. 2. Commercial banks (Groups 6021 -6029 drive- through facilities are prohibited). 3. Real estate agents and managers for property within PUD only (Group 6531). - 4 -1 Words underlined are additions; words s#FUok tgfewffi are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -521- 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 3/13/2012 Item 9.A. Hardware store only - 2,500 square feet, maximum floor area (Group 5251). Variety stores - 2,500 square feet maximum floor area (Croup 5331). Miscellaneous general merchandise stores, except catalog showrooms - 2,500 square feet maximum floor area (Group 5399). Grocery stores, 10,000 square feet maximum floor area (Group 5411). Fish, meat, and seafood markets only (Group 5421). Fruit and vegetable markets (Group 5431). Retail bakeries (Group 5461). Coffee stores and health food stores only - 2,500 square feet maximum floor area (Group 5499). Gasoline service stations, except truck stops (Group 5541). Apparel and accessory stores -- 2,500 square feet maximum floor area (Groups 5611 - 5661). Record and prerecorded tape stores (Group 5735). Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive -in restaurants and restaurants with drive- through facilities (Group 5812). Liquor stores (Group 5921). Gift, novelty, and souvenir shops (Group 5947). Sewing, needlework, and piece goods stores (Group 5949). Florists (Group 5992). Agents for laundries and drycleaners only (Group 7212). Coin - operated laundries and drycleaning (Group 7215). Diaper service, and garment alteration and repair shops only (Group 7219). Beauty shops, except beauty schools and cosmetology schools (Group 7231). Barber shops, except barber colleges (Group 7241). 4-2 Words underlined are additions; words stFusk-through are deletions. Sabal Bay MPUD Amendment- .PUDA- PL2011 Packet Page -522- 3/13/2012 Item 9.A. 25. Depilatory salon, electrolysis, massage parlor, shopping services for individuals, and tanning salons only (Group 7299). 26. Housekeeping and maid services only (Group 7349). 21. Videotape rental (Group 7841). 28. Physical fitness facilities (Group 7991). 29. Offices and/or. clinics of physicians, and offices and/or clinics of dentists. (Groups 8011 - 8021). 30. Offices and clinics of chiropractors (Group 8041). 31. Establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. Within the RECNC Subdistrict, up to 150 temporary lodging units may be developed: Those temporary lodging units may be developed as typical hotel or motel units or may be developed as independent detached or attached units constructed so as to appear like residential dwelling units of various types (No more dwa than 250 temporary lodging units shall be permitted within the entire MPUD).. 31 Timeshares, which shall not be counted as temporary lodging units but which shall be counted U residential dwelling units. 33. Miscellaneous Retail Stores, not elsewhere provided for above (Groups 5699, 5999), whether accessory to a hotel, motel, clubhouse, or independent. 33.34. Open space uses, and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, fishing/observation .pier, picnic areas, fitness trails, and shelters. 35. Carwashes (Group 7542) 36. l Tnited States Postal Service (Group 4311) B. Permitted Accessory Uses and Structures 1. Customary accessory uses or structures incidental to recreation and village center areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4 -3 Words Mundeirlineq are additions; words s#Fusk-t#raug# are deletions. Sabal Bay MPUD Amendment— 'PUDA- PL2o11 Packet Page -523- 3/13/2012 Item 9.A. 2. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Parking facilities and signage b. One caretaker's residence C. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25'). 2. Side Yard: Fifteen feet (15). 3. Rear Yard: Fifteen feet (15'). 4. Proposed structures located adjacent to a lake may have no setback from the lake maintenance easement. No structures are permitted in the required 20- foot lake maintenance easement. 5. Principal and accessory structure setbacks from Preserve Area i) Principal structure: Twenty -five feet (25') ii) Accessory structure: Ten feet (10') B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50); except clock towers or similar architectural features, which shall be permitted up to seventy -five feet (75'). D. Minimum distance between principal structures - Ten feet (10'), or greater, if required by local fire codes in effect at time of development. E. Minimum distance between accessory structures - Ten feet (10'). F. Parking for uses and structures constructed in the Recreation/Village Center: The amount of required parking within this District may be reduced by up to 25% of the applicable LDC parking requirements if it is demonstrated that such a reduction is warranted through the submission of a shared parking analysis, to be submitted with an SDP application. The amount of parking necessary shall be determined utilizing the modal splits and parking demands for various uses recognized by the Institute of Traffic Engineers (ITE), Urban Land institute (ULI) or other sources or studies. The analysis shall demonstrate the number of parking spaces available for more than one use or function, recognizing the required parking spaces will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. 4-4 Words underlined are additions; words StWek thFaugh are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -524- 3/13/2012 Item 9.A. The shared parking analysis methodology will be determined and agreed upon by the County Transportation Staff and the applicant during the SDP pre- application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. Note: Any such reduction approved by staff is a deviation from the requirements set forth in LDC Section 4.05.04. 4 -5 Words underlined are additions; words stFuGk thsugh are deletions. Sabal Bay MPUD Amendment- PUDA- PL2011 Packet Page -525- . . .- - ■ - .. 4 -5 Words underlined are additions; words stFuGk thsugh are deletions. Sabal Bay MPUD Amendment- PUDA- PL2011 Packet Page -525- SECTION V COMMERCIAL/OFFICE 5.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to set forth the development plan for tracts designated as "C /O ", Commercial/Office on Exhibit "A ", MPUD Master Plan. The general function and purpose of this Tract is to provide the opportunity for diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions to many segments of the population. 5.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 4-5 LO I acre Commercial/Office Areas (Tracts C /01, C /02 and C /03), shall be developed with an amount of commercial/office square footage that will not exceed individual DRI thresholds. Total retail or other uses on the C /01 and C /02 shall not exceed 142,000 square feet of retail and 40,000 square feet of office space. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses) as those regulations exist on the date this MPUD is approved. This shall be monitored through the PUD monitoring process on an annual basis and through the SDP and/or subdivision plat review process. 5.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following:. A. Principal Uses': 1. Establishments primarily engaged in performing soil preparation services, crop services, veterinary services, other animal services, farm labor and management services, and landscape and horticultural services, as outlined under Major Group 07 in the Standard Industrial Classification Manual, only including Industry Number 0742 - veterinary services for animal specialties. 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual. 1987 Edition. 5 -1 Words underlined are additions; words stmek#Fsugh are deletions. Saba! Bay MPUD Amendment— PUDA- PL2011 packet Page -526- 3/13/2012 Item 9.A. 2. Establishments fiunishing point -to -point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Any retail business as defined in the Standard Industrial Classification Manual for the following categories:. a. 523 — Paint glass, and wallpaper stores; b. 525 — Hardware stores; C. 526 — Retail nurseries, lawn and garden supply stores; d. Major Group 53 — General merchandise stores. 4. Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual. 5. Any retail business engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. 553 -- Auto and home supply stores, not including any installation facility; b. 554 - Gasoline stations, not including service facilities; C. Group 7542 — Carwashes only. 6. Any retail business engaged in selling new or used motorboats and other watercraft, marine supplies, and outboard motors as defined under Industry Group 555 in the Standard. Industrial Classification Manual. 7. Any retail business ' engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 9. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under the Major Group 58 in the Standard Industrial Classification Manual. 10. Any miscellaneous retail business as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group 5 -2 Words underlined are additions; words stFuek thmugh are deletions. Sabel Say MPUD Amendment = PUDA- PL2011 Packet Page -527- 3/13/2012 Item 9.A. Numbers: 596 — non -store retailers; 598 — fuel dealers; and not including retail sale of fireworks. 11. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 12. Within Tract C /03 only, establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. No more than 150 units shall be permitted. (No more than 250 units shall be permitted in total within the REC/VC District and Tract C /03). 13. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 — Laundry, cleaning, and garment services, only including Group 7211 — power laundries, family and commercial, Group 7215 — coin - operated laundries and dry- cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722 — Photographic portrait studios; C. 723 — Beauty shops d. 724 — Barber shops; e. 725 — Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 tax return preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 14. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following industry Groups: a. 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 — Mailing, reproduction, commercial art and photography, and stenographic services; C. 735 — Miscellaneous equipment rental and leasing, only including Group 7352 -- medical equipment, rental and leasing; d. 737 — Computer programming, data processing, and other computer related services, not including Group 7371 — prepackaged software 5 -3 Words underlined are additions; words atmek through are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -528- 3/13/2012 Item 9.A. 15. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384, Photofinishing laboratories. 16. Establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public, including Group 7513 - Truck rental and leasing, without drivers; Getup 7514 - Passenger car rental; Group 7515 - Passenger car leasing; and Group 7519 - Utility trailer and recreational vehicle rental. 17. Establishments engaged in miscellaneous repair services, only including Group 7631 - Watch, clock, and jewelry repair and Group 7699 - Repair shops and related services, not elsewhere classified. 18. Establishments operating primarily to provide motion picture services as defined under Major Group 78 in the Standard Industrial Classification Manual, only including Group 7832 - Motion picture theaters, except drive -in, and Group 7841- Videotape rental. 19. Establishments operating primarily to provide amusement and recreation services as defined under Major Group 79 in the Standard Industrial Classification Manual, for the following Groups: a. 7911- Dance studios, schools and halls b. 7922 - Theatrical producers (except motion picture) and miscellaneous theatrical services C. 7941 -- Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. 7991- Physical fitness facilities C. 7999 - To include moped rental, motorcycle rental, rental of bicycles, schools and camps -sports instructional, scuba and skin diving instruction, sporting goods rental only. 20. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Groups: a. 801- Offices and clinics of doctors of medicine; b. 802 -- Offices and clinics of dentists; C. 803 - Offices and clinics of doctors of osteopathy; d. 804 - Offices and clinics of other health practitioners. 5-4 Words underlined are additions; words stmok-thFough are deletions. Sabal Bay MPUD Amendment - PUDA -PL201 • Packet Page -529- 3/13/2012 Item 9.A. 21. Establishments operating primarily to provide medical and dental laboratories as defined under Major Group 807 in the Standard Industrial Classification Manual, for the following Groups: a. Group 8071 — Medical Laboratories; b. Group 8072 — Dental Laboratories. 22. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 23. Establishments primarily engaged in providing library services, only including Group 8231— Libraries. 24. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 25. Establishments operating primarily to provide engineering, accounting, research, and management for the following Groups: a. 8711 —Engineering services b. 8712 — Architectural services C. 8713 — Surveying services d. 8721— Accounting, auditing and bookkeeping services e. 8732 -- Commercial economic, sociological, and educational research f. 8741— Management services g. 8742 — Management consulting services h. 8743 — Public relations services i. 8748 — Business consulting services. 26. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 27. Mixed multi- family residential and commercial uses located within C /O1 and C /02 Tracts. Residential dwelling units shall be counted toward the maximum 1999 allowable residential dwelling units. A maximum of 390 units shall be permitted within the combined Tracts R{G8, C /O1 and C /02. The commercial space shall be counted toward the maximum allowable square footage as allowed per' DRI thresholds. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds, established in chapter 380 of Florida Statutes, for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), in effect on the date of approval of this PUD. This 5 -5 Words underlined are additions; words stFurak thsugh are deletions. Sabal Bay MPUD Amendment- PUDA -PL201 Packet Page -530- 3/13/2012 Item 9.A. shall be monitored through the PUD monitoring process on an annual basis, and during all SDP and/or subdivision plat submittals. The mixed residential and commercial uses shall be subject to the following criteria: a An SDP is approved pursuant to Chapter 10 of,the LDC that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development shall be limited in hours of operation, size of delivery trucks, and type of equipment; C. The residential uses are designed so that they are compatible with commercial uses; d. Residential dwelling units may be located above principal structures, e. Residential and commercial uses shall not occupy the same floor of a building in which the uses are located; E The mixed-commercial/residential structure shall be designed to enhance the compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses, directing commercial lighting away from residential units, and separating pedestrian ' and vehicular access ways and parking areas from residential units; and g. The SDP shall incorporate traditional neighborhood design (TND) principles. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage 2: One caretaker's residence 3. Temporary Iicensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. 4. Docks and electric boats. C. Should market conditions not warrant commercial development within the C /03 Tract, that Tract shall be used for any uses permitted within the RIG Subdistrict, subject to all development standards set forth in Section III of this MPUD Document. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 square feet. B. Minimum Lot Width: 100 feet 5-6 Words underlined are additions; words st sk . gh are deletions. Sabal Bay MPUD Amendment- PUDA -Puo11 Packet Page -531- 3/13/2012 Item 9.A. C. Minimum Yards (Internal): 1. Front Yard: Twenty (20) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. 2. Side Yard: None, or a minimum of five (5) feet, with unobstructed passage from front to rear yard 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one front yard by 10 feet. 5. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with LDC provision in effect at the time or permitting." D. Minimum Yards and Buffers (External): 1. East Tamiami Trail (US 41): 50 -foot setback, except that canopies for gas stations shall maintain a 30 -foot setback, provided no gas pumps or pump islands are located closer than 30 feet from the East Tamiami Trail right - of -way. A 20 -foot landscape buffer, in accordance with Section 2.12 of this Document and Section 4.06.00 of the LDC, shall be provided along the entire frontage of US 41. In accordance with Subsection 5.05.05D1 of the LDC, should a gasoline service station be developed, a 25 foot wide landscape buffer is required along rights -of -way adjacent to the service station. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with the LDC provisions in effect at the time or permitting. E. Minimum Distance Between Non - attached Structures: Fifteen feet (15') or one- half the sum of the building heights, whichever is greater. F. Maximum Height: Five stories or fifty feet (50'), whichever is greater, except for hotels, which may be developed up to seventy -five feet (75') in height, as measured in accordance with the LDC definition of the term "building, zoned height oft'. G. Minimum Floor Area: 500 square feet per principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of 25 square feet and shall not be subject to the setback requirements set forth on Paragraph 5.4 C. above; however, in no instance shall a structure encroach into a required landscape buffer, other 5 -7 Words underlined are additions; words stFusk theuo are deletions. Sabal Bay MPUD Amendment— PUDA- P12011 Packet Page -532- 3/13/2012 Item 9.A. H. than those structures permitted to be located within a landscape buffer in accordance with LDC provision in effect at the time or permitting. I. Off - Street Parking and Loading Requirements: As required by Section 4.05.00 of the LDC in effect at the time of SDP approval. J. Architectural and Site Design Standards: Commercial development within this District shall conform with the guidelines and standards of Section 5.05.08 of the LDC or variance. Gray, primary and/or secondary colors shall be permitted as a predominant exterior roof colors. This is a deviation from Subsection 5.05.08C. 13.b of the LDC. 5 -8 Words underlined are additions; words s#Fusk thaw are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 Packet Page -533- SECTION VI PRESERVE 6.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "P ", Preserve. 6.2 GENERAL DESCRIPTION Areas designated as "P ", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The configuration of these areas may change due to permitting requirements with the South Florida Water Management District, United States of America Corps of Engineers and other agencies; however, the acreage shall be generally consistent with that shown on the Master Plan. Actual acreages of preserve areas will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 6.3 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. Upland preserves 2. Wetland preserves B. Permitted Accessory Uses and Structures 1. Boardwalks, nature trails, shelters, viewing piers, viewing platforms, educational signs, kiosks, elevated go* a paths, geg eewse reugh exeas, and docks or platforms for launching and mooring or storage of non - motorized vessels utilizing movable storage racks. 2. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements. 6.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Accessory Structures 1. From MPUD or external development tract boundary: Fifteen Feet (15') 2. From internal tract boundary: Ten Feet (10') 3. From lake maintenance easement: Zero Feet (0') 6 -1 Words underlined are additions; words stFuGk thFoug# are deletions. Saba! Say MPUD Amendment— PUDA PL2011 Packet Page -534- 3/13/2012 Item 9.A. 4. Maximum Height of Structures: Twenty -five Feet (25'), except for viewing platforms that may be €eity feet (4 seventy -five feet (75') 6 -2 Words underlined are additions; words stFurk4hFG qh are deletions. Sabal Bay MPUD Amendment— PUDA- Pt2011 Packet Page -535- SECTION VII PUBLIC FACILITY 7.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "PF ", Public Facility. The PF district land is set aside for Collier County School Board to build an elementary or middle school and one acre is set aside for fire, rescue and an EMS site. Should the School Board or Fire District decide that it will not need this land, or a portion of it, then this area may be used for any uses permitted within the R/G Subdistrict, subject to all development standards set forth in R49 Subdistrict. 7.2 - GENERAL DESCRIPTION Areas designated as "PF", on the Master Plan are designed to accommodate an educational facility, and public safety services and facilities. The approximate acreage of the areas designated as "PF' ; are indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 7.3 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: Educational facilities, limited to public elementary or middle school. 2. Educational plant, limited to public elementary or middle school. 3. Safety service facilities, limited to fire stations and EMS facilities. B. Accessory Uses Accessory uses customarily associated with the principal permitted uses. 7.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25') 2. Side Yard: Fifty feet (501. 3. Rear Yard: Fifty feet (50). G-a Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. 7 -1 Words underlined are additions; words stfueh thFough are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -536- 3/13/2012 Item 9.A. 1. Maximum height of structures - Thirty -five feet (35') 2. Minimum distance between principal structures - Ten feet (10'), or half the sum of building heights. 3. Minimum distance between accessory structures - Ten feet (10'). 4. Minimum off -street parking: Subject to Chapter 4.05.00 of the LDC. 7 -2 Words underlined are additions; words s#ruc* thFOUgh are deletions. Sabal Bay MPUD Amendment- PUDA- PL2011 Packet Page -537- SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE 3/13/2012 Item 9.A. The purpose of this Section is to set forth the development commitments for the Sabal Bay MPUD. One entity ftreinafiter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD and this eatiV shall also be responsible for satisfying all PUD commitments until close -out of the PUD At the time of this PUD approval, the Managing Entity is CDC Land Investments Inc Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the CaunV AttorneyAfter such approval the Managing Entity will be released of its obligations upon written approval of the transfer by County staff and the successor entity shall become the Managing�Entit_y As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing - Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing EngV is no longer responsible for the monitoring and fulfillment of PUD commitments. 8.2 GENERAL All facilities shall be constructed in strict accordance with SDPs, subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section Ill, Exhibit "A", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66 shall apply to this project, even if the land within the MPUD is not to be platted. The dwA4eper Owners its their successors and assigns, shall be responsible for the commitments outlined in this Document The deverleper- Owners, its their successors or assignee, shall follow the Master Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the develepe . Owners is are bound by the commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the develepeF Owners. Upon assignment or delegation, the developer Owners shall be released from responsibility for the commitments. 8 -1 Words underlined are additions; words stFwk through are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -538- 3/13/2012 Item 9.A. 8.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as subdivision plat or SDP application. Subject to the provisions of Subsection 10.02.13(E) of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The County Manager or his designee, shall be authorized to approve minor changes and refinements to the Sabal Bay MPUD Master Plan upon written request of the develops Owners, subject to the provisions set forth in LDC Subsection 10.02.13E. 8.4 ENGINEERING A. Except as noted and authorized as a deviation in this PUD Document, all project development will be consistent with provisions of Sections 10.02.04 and 10.02.03 of the LDC. 8.5 UTILITIES A. All County or City water distribution and sewage collection and transmission facilities to serve the project shall be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04 -51, as amended, and other applicable County or City rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County or the City of Naples, as the case may be, and shall be billed by the County or City in accordance with the County's or City's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Public Works Division, or from the City of Naples Utilities Department, whichever is applicable, in accordance with applicable franchise services boundaries. D. The develepe Owners shall reserve three requested easements, and associated utility and access easements to connect with a public right -of -way. These sites shall be used for wells (not to exceed 100' by 100' for each site) with a minimum spacing of 500 feet between wells. This conveyance shall occur at the time the 8 -2 Words underlined are additions; words struek-through are deletions. Sabal Say MPUD Amendment— PUDA- PL2011 Packet Page -539- 3/13/2012 Item 9.A. SDP, or fmal subdivision approval for the area within the development phase that contains the easement. E. The devele►per Owners shall provide a 10 foot wide utility easement on the development property along both sides of Bayshore Drive, if determined to be needed by Collier County. 8.6 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. B. The develepeF Owners shall design the water management facilities in accordance with County ordinances, State, and Federal minimum design regulations in effect at the time of submittal of SDPs, or construction plans or plat approvals as the case may be. An amlysis of pFedeve4epment pelhaast leading and pest C. An excavation permit shall be required for the proposed lakes in accordance with Siubsection 22- 122(c) of Ordinance 04 -55 of Collier County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval, and shall be consistent with permits issued by the South Florida Water Management District. D. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services Staff for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the approved plans is granted. E. This develeper. Owners shall obtain an Environmental Resource Permit or Early Work Permit from the South Florida Water Management District prior to SDP approval. F. The developer Owners shall adhere to the conditions set forth in the September X09 October 14 2003 (as amended March 27 2007, April 22, 2008, and October 27, 2009) C-en}r-ibude Companion Agreement by and between Collier Land Development, Inc., Collier Development Corporation and Collier County regarding the Lely Area Surface Water Drainage Improvements in order to further the Lely Area Stormwater Improvement Project (LASIP). To further clarify, the annlicant's responsibilities are as follows: 8 -3 Words underlined are additions; words stFusk thFeugh are deletions. Sabal Bay MPUD Amendment— PUDA- PL.2011 Packet Page -540- 3/13/2012 Item 9.A. D- Hamilton Avenue (£k.a. Fern Street)- the applicant will make provisions in the land plan desiun to continue to allow the current positive outfall, and provide Physical maintenance, through the natural flowway portions of the outfall within applicant's `property. Collier County will be responsible to provide all on-going physical maintenance of the conveyance within the Hamilton Avenue f k.a. Fern Street) right -of -way: 2) Avalon Outfall Canal System -- the applicant will make provision in the land plan design' to continue to allow the current positive outfall of this canal by relocating the canal to the westerly property line in that area (as shown on the MPUD .Master Plan), construct a uniform canal section. and place it in an 87 -foot wide drainage easement, to be purchased by Collier County, which is consistent with previous PUD and ERP approvals. Collier County will be responsible to provide all on -going physical maintenance of the conveyance and easement. Owners agree to provide legal access to Collier County for the purposes of rovidina said maintenance. 8.7 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the jurisdictional wetland boundary in all places and averaging twenty -five (25) feet from the edge of the jurisdictional wetland boundary. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules. B: B. This PUD shall comply with the guidelines of the United States Fish and Wildlife Service - (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCJ, and as applicable, Collier County regulations, for impacts to protected species. w;th r-nsr et to the Bala R *e M + XaaF rRestrictions within bald eagle nest preteefiea buffer zones bum shall be in accordance with the --Jr. ....5..... K ,des I . er r-e tFi fi s that f the r uws c +t Fi • , 3ald Ea0e in the Seutheast --F , --U SFwS 19 State and Federal 8-4 Words underlined are additions; words stFuGk thsuo are deletions. Sabal Bay MPUD Amendment- PUDA- PL201, Packet Page -541- . B: B. This PUD shall comply with the guidelines of the United States Fish and Wildlife Service - (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCJ, and as applicable, Collier County regulations, for impacts to protected species. w;th r-nsr et to the Bala R *e M + XaaF rRestrictions within bald eagle nest preteefiea buffer zones bum shall be in accordance with the --Jr. ....5..... K ,des I . er r-e tFi fi s that f the r uws c +t Fi • , 3ald Ea0e in the Seutheast --F , --U SFwS 19 State and Federal 8-4 Words underlined are additions; words stFuGk thsuo are deletions. Sabal Bay MPUD Amendment- PUDA- PL201, Packet Page -541- 3/13/2012 Item 9.A. Management guidelines and-. . may require technical assistance from the USFWS and FFWCC. The listed species documented on the property include American alligator, gopher tortoise, little blue heron, snowy egret tri-colored heron white ibis bald eagle wood stork. Florida panther, and Florida black bear. A Habitat Management Plan for listed species shall be submitted to Environmental Services Staff for review and approval prior to SDP approval. 8 -5 Words underlined are additions; words stmsk through are deletions. Sabal Bay MPUD Amendment— PUDA- PI2011 Packet Page -542- MINION u WWI, �\ . NAW - _ - _ it 8 -5 Words underlined are additions; words stmsk through are deletions. Sabal Bay MPUD Amendment— PUDA- PI2011 Packet Page -542- 3/13/2012 Item 9.A. IBC. In accordance with requests from Rookery Bay National Estuarine Research Reserve ( RBNERR the Develeper- Owners agrees to the following: 1. sit rµc hie %ill inehide annn � ef said vv-viiarrr'aa . The Collier Count�ely Area Stormwater Improvement Project ( LASIP) Permit requires water quality monitoring, for some period of time, at the furthest downstream portion of the Lely Canal During January 2011 the Own ers_provided RBNERR a copy of the most recent water _gality report for the test locations within the Sabal Bay MPUD For so long as the LASIP Permit requires water quality monitoring, the Owners will provide a copy of the mmol water quality monitoring report to RBNERR. _Additional reports may be obtained from SFWMD upon request. 2. The develep Owners shall include a provision in the conservation easement requiring notification to RBNERR and the- Eensermm in advance of any changes to the conditions of, and or dedication language set forth in the project's conservation easement. The RBNERR and -tie Ceasepvamy will be allowed to participate in the discussions of any proposed changes. 3.4. RBN tThe developer Owners shall leading prier seildistwbmee +, t f r-eastvaefien of these ..•_ n lerafiens W assess e"fig sediment ; utilizei$g water management Best Management Practices (BMP's) during construction to minimize adverse impacts on water quality during development; aenduefing providing post development water quality monitoring and reporting as set forth in Paragraph 8.7.4:0.1. above;. Additionally, the Owners will seek to mod; increaseing public awareness by educating residents and the homeowners' association; through the use of signage and take -home information, of the potential damage from stormwater pollution on the environment and the importance of protecting aquatic and terrestrial resources within and nearby the RBNERR. Further, the davekgw Owners shall erect signage at various locations along the. RBNERR boundary, making residents and guests aware of the location and natural resource importance of the estuarine ecosystem and its management. The - develepe - shahs ll i'd .8-6 Words underlined are additions; words stFuGk thmuo are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -543- 3/13/2012 Item 9.A. BNO based-en mkinwm f o ice►\ f....m cs.eup n twe (2) f.,,.., n ,. V V The developer acreage-, 2) existing and created wetland areas ineorporatect mto a treatment train concept, upstream of final discharge: 3) planted filter marshes incorporated into a treatment train concept, upstream of wetland treatment areas, increased flow path between inflow and outflow through both the planted filter marshes and the wetland treatment areas. These BMP's will be incorporated downstream of the lake system. and prior to final discharge from the system to provide additional "treatment "or "polishing." Such design will be made part of the development's surface water management plans to be reviewed and permitted by SFWMD as a part of the ERP application. 4.-5-. The developer Owners shall disclose in the homeowner association documents that the following activities may occur on the adjacent RBNERR lands: exotic plant removal and ongoing maintenance; utilization of prescribed burns as a means of habitat management; controlling illegal dumping; management of access within RBNERR lands, controlling and trapping when necessary, feral, nuisance and domestic animals. 5.6-. The two archeological sites determined to be of prehistoric cultural significance (8cr535 and 8cr 227) shall be preserved and the developer Owners shall coordinate with the Florida Division of Historic Resources to minimize any disturbance to these sites during development and as a result of exotic vegetation removal. 8.8 TRANSPORTATION 8-7 Words underlined are additions; words etmsk t Feagh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 Packet Page -544- u L .1 L ■ � ■ IMMINTIMI ■ 1..t ■ 8-7 Words underlined are additions; words etmsk t Feagh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 Packet Page -544- u 8-7 Words underlined are additions; words etmsk t Feagh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 Packet Page -544- 3/13/2012 Item 9.A. - r 7-Aw NO i - r V.Z.:' M Wrw point e 1 d .0 be +� Vl V�.I V17p' Vr -Gi ! ._,.._', �r its sueeesSE)Fin f - r 7-Aw NO i - r V.Z.:' M Wrw point e 1 d .0 be +� Vl V�.I V17p' Vr -Gi ! ._,.._', 7 - r AN ifiteffIE4 ! 7 alleys, pathways, the developer- d Gell:e.. Ge y 9MI have '1.•1.4.. C . r - _ -- _ 8 -8 Words underlined are additions; words struGk thm"q are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -545- & an eint sr� ! w t/V11 NO i - r V.Z.:' M Wrw point e 1 d .0 be +� Vl V�.I V17p' Vr -Gi ! ._,.._', 7 AN ifiteffIE4 ! 7 alleys, pathways, the developer- d Gell:e.. Ge y 9MI have '1.•1.4.. C . r - _ -- _ 8 -8 Words underlined are additions; words struGk thm"q are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -545- & an eint sr� ! w t/V11 v M at Yi yµn e f egress .. median the 1 point e 1 d .0 be +� Vl V�.I V17p' Vr -Gi ! ! the basis 7 its sueeesSE)Fin f AN ifiteffIE4 ! 7 alleys, pathways, the developer- d Gell:e.. Ge y 9MI have '1.•1.4.. C . r - _ -- _ 8 -8 Words underlined are additions; words struGk thm"q are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 Packet Page -545- 3/13/2012 Item 9.A. A. L. The development shall abide by Section 6.02.09 02 of the LDC in regards to Transportation Demand Management (TDM) strategies required for a project that is- leeated y*,hisied affects a Transportation Concurrency Exemption Area (TCEA). B The Owners their successors or assigns agree that the southwest connection to US41 across from St Andrews Boulevard will be at the sole discretion of FDOT and shall align with the existing St Andrews Boulevard Upon connection to this signalized intersection, the Owners their successors or asses shall assume sole financial responsibility for intersection improvements relating ,to the use of this intersection by this development. This shall include but not be limited to, the following: i Any increase in the storage capagit y of the northwest -bound left turn lane(s) approaching the signal constructed at the time of connection. ii. Design purchase and installation of any physical intersection improvements including a mast arm, signal head(s), pedestrian signal heads and any signal controller(s) that are necessary to accommodate this developments connection to the signal. iii. County or FDOT's costs) for setup and modification of intersection controls including a mast arm signal head(s).pedestrian signal heads and any related signal timing changes that are necessary to accommodate each phase of this development. The Owners, their successors or asses agree to reimburse the FDOT or the agency maintaining the traffic signal within 90 days of the agency's request. iv. Correction of any non -ADA compliant features within the Public Right- of -Wav at all four quadrants of this intersection to become compliant with the then - current Americans with Disabilities Act requirements." C The Owners their successors or assigns agree that at the St Andrews Boulevard access, they will maintain a throat distance of at least 200 feet as measured from the edge of pavement of U.S. 41 to the closest point of any gate or gatehouse. D The Owners their successors or assigns agree that the project's main residential access on U.S. 41 may be a signalized intersection if approved by FDOT The Owners their successors or assigns shall assume sole financial responsibility for intersection improvements relating_ to the use of this intersection by this development. This shall include, not be limited to, the following: i Design purchase and installation of intersection improvements including mast arm(s), signal head(s)Lpedestrian signal heads and any signal controller(s) that are necessary to accommodate this development's connection to the signal. ii. AM additional signal timing adjustments directly Tel to this development's traffic shall also remain the financial responsibiliy of this development, in pemetuity. iii. Desigrpurchase and installation of ADA compliant items within the public right-af- way. 8 -9 Words underlined are additions; words struGk thFough are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 Packet Page -546- 3/13/2012 Item 9.A. 8.9 ADDITIONAL COMMITMENTS A. Prior to the issuance of the 40e certificate of occupancy for a sin a family home: the develoW Owners, their successors or assns shall provide a minimum of one playground, for use by residents and their guests, meeting ASTM design guidelines. B. The devele Owners, their successors or assiuns shall install a pathway along the lake where the lake fronts Thomasson Drive and shall provide a minimum of three benches for public use for this portion of lake- frontage at the time development occurs adjacent to the dike. A. -Th4keveleper-, 9F its sueees the sum a r Y. _ Amm 8 -10 Words underlined are additions; words st elF# eagh are deletions. Sabal Bay MPUD Amendment— PUDA- Pt2011 Packet Page -547- 3/13/2012 Item 9.A. ALL OF SECTION 25 AND PART OF SECTIONS 23, 24, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND PART OF SECTION 19 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (Containing 2,416.49 Acres t) Sabal Bay P.U.D. Boundary All of Section 25 and part of Sections 23, 24, 26 and 36, Township 50 South, Range 25 East, and part of Section 19 Township 50 South, Range 26 East, Collier County, Florida and being more particularly described as follows; Beginning at the Northeast Corner of Section 25, Township 50 South, Range 25 East, Collier County, Florida; Thence along the East Line of Said Section 25 South 00 °22'18" West 2,687.69 feet; Thence continue along the east line of said Section 25 South 00 °20'37" West 2,685.56 feet to the Southeast Comer of said Section 25; Thence along the East line of Section 36 South 00 °19'56" West 1,518.00 feet; Thence North 87 028'51" West 5,326.38 feet; Thence North 00 °14'25" East 1,254.17 feet to the North West Comer of Said Section 36; Thence along the south line of Section 26 South 89 °32'22" West 2,696.15 feet; Thence continue along the South line of Said Section South 89 029'09" West 2,696.69 feet to the Southwest comer of said Section 26; Thence along the West line of said Section 26 North 00 °22'46" East 2,689.10 feet; Thence continue along the West line of said Section 26 North 00 °22'20" East 2,690.20 feet to the Northwest Corner of Said Section 26; Thence along the West Line of Section 23 North 00 °06'08" West 1345.66 feet; Thence continue along the West line of Said Section 23 North 00 °07"16" West 693.72 feet; Thence North 89029'OT' East 469.67 feet; Thence North 00 °0449" West 453.06 feet; Thence North 89 °30'33" East 916.44 feet; Thence North 00 031'29" West 567.34 feet; Thence North 89 027'53" East 300.00 feet; Thence South 00032'07"' East 60.00 feet; Thence North 89 °28'59" East 980.33 feet to the West line of the plat of Naples Groves and Truck Co's Little Farms No 2 (Lots 67 -69), as recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. Thence along said West line South 00 °46'3T' East 308.52 feet; Thence continue along said West line South 00 040'46" East 673.87 feet to the Northwest Comer of Lot 70, of said Naples Groves and Truck Co's Little Farms No 2; Thence along the North line of Said Lot 70 North 89 027'07" East 1,322.10 feet to the North East Comer of Said Lot 70; Thence along the East ilne of Said Lot 70 and Lot 71 of said Plat South 00 04314" East 674.00 feet to the Southeast comer of Said Lot 71; Thence along the South line of Said Lot 71 South 89 °28'25" West 1,322.26 feet to the Southwest comer of said Lot 71; Thence along the West line of Said Plat South 00 °42'15" East 1,347.80 feet; Thence continue along said West line South 00 020'27" West 1,344.53 feet to the Southwest comer of Lot 79 of said plat; Exhibit B e-i--of Packet Page -548- 3/13/2012 Item 9.A. Thence along the South line of Said Lot 79 North 89 031'43" East 1,346.87 feet to the fractional comer of said Section 26 being the Northwest comer of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Said Section 26; Thence along said fractional line South 00 °1929" West 671.99 feet to the Southwest comer of said fractional quarter, Thence along the south line of said fractional Quarter North 89 031'42" East 673.39 feet to the Northwest comer of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2; Thence along the west line of said Lot 81 South 00 °12'23" West 672.16 feet to the Southwest comer of said Lot 81; Thence along the south line of said Lot North 89 °31'43" East 672.16 feet to the East line of Said Lot and the East line of said Section 26; Thence along the East line of said Section 26 North 00 °19'29" East 2,688.11 feet to the Northeast comer of said Section 26; Thence along the East line of said Section 23 North 00 042'49" West 1,351.04 feet to the southeast comer of Lot 91 of said Naples Groves and Truck Co's Little Farms No 2. Thence along the South line of said Lot 91 South 89 °27'26" West 1,320.61 feet; Thence along the west line of Said Lot 91 North 00 °47'37" West 337.27 feet; Thence along the North line of said Lot 91 North 89030'5T' East 1,320.45 feet to the east line of said Section 23; Thence along the East line of Said Section North 00 °44'44" West 1,011.86 feet; Thence Continue along said East line North 00 °34'32" West 752.45 feet to the Southwest comer of that land described in Official Record Book 1027, page 678, Public Records of Collier County, Florida; Thence along the South line of said Land North 89 931'59" East 1,289.77 feet; Thence along the East line of said Land North 00 °42'37" West 1,890.79 feet to the south Right of Way Line of Thomasson Drive (100 Right Of Way); Thence along said Right of Way Line North 89 °35'12" East 1399.52 feet; Thence continue along said Right of Way line North 89 °35'12" East 2855.89 feet to an intersection with the westerly Right of Way line of US 41 (Tamiami Trail) (State Road No. 90); Thence along said Right of Way of US41 of South 39 003'59" East 1266.82 feet; Thence continue along said Right of Way South 39 003'59" East 5,465:08 feet to a point at the intersection of said westerly Right of Way and the South line of Section 19, Township 50 South, Range 26 East, Collier County, Florida; Thence along the South line of said Section 19 South 88 °13'29" West 1,636.98 feet; Thence continue along said South line South 88°23'16" West 2,491.52 feet to the POINT OF BEGINNING. Less and excepting there from the waters of Tide Creek located on the west line of Section 23. Subject to easements and restrictions of record. Containing 2,416.49 acres more or less. Bearings are based on the North Line of Section 19 being North 89 °42'24 "East - Florida State Plane - East Zone 83 -90 Adjustment Not valid unless embossed with the Professionals Seal REF. W.O.: N0229- 200 -502 Date: 11 -11 -11 Fthibit D page -2, of-CL N'"nva' zoo- U- o ° OLND Packet Page -549- 3/13/2012 Item 9.A. Exhibit "C" List of Deviations (PREVIOUSLY APPROVED DEVIATIONS 1 — 8 IN ACCORDANCE WITH ORDINANCE 05 -59 TO STILL REMAIN IN EFFECT) Deviation 1: LDC Section 6.06.01 (0) and LDC Appendix B, in order to allow 50 feet of right -of -way for local roads rather than the required 60 -foot width (throughout). Deviation 2: LDC Section 6.06.01(J), to allow cul-de sacs in excess of 1,000 feet the MPUD (throughout). Deviation 3: In accord with LDC Section 10.02.04.A.3, Section 2 -12 of the Collier County Code of Ordinances, Exhibit "A ", Design Requirements for Subdivisions C.17.j of the Administrative Code for Collier County Construction Standards Manual, formerly LDC Section 3.2.8.4.16.10 (Section III P. 10 of the proposed Construction Standards Manual) to allow reverse curves without tangents (throughout). Deviation 4: LDC Section 5.03.0213 to allow perimeter fences or walls to be permitted at 8 feet on top of a 4 foot berm, formerly approved as a height of eight feet (B') as measured from the finished grade of the ground at the base of the fence or wall, and modified at staff's request. Deviation 6: LDC Section 5.06.02.6.6., formerly Section 5.06.04 A. 6. (b.) to allow a maximum of two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each (rather than the combined size permitted in the LDC of 64 square feet) and shall not exceed a height of 6 feet as measured from finished grade. Deviation 6: LDC Sections 5.06.02 and 5.06.04, formerly Chapter 5.06.05 to allow entrance signs up to 120 square feet. Two ground signs shall be permitted for each project entrance (on US 41, Thomasson Drive and Bayshore Drive), and shall be allowed in addition to other signage allowed by Chapter 5.06.00, of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the devek"xWls owners' name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. Deviation 7: LDC Section 4.05.04, to allow parking for uses and structures constructed in the RecreationNillage Center to be reduced by up to 25% of the applicable LDC parking requirements, should such a reduction be deemed to be warranted through the development and submission of a shared parking analysis submitted with the SDP application. Parking requirements shall be determined utilizing the modal splits and parking demands for various uses recognized by Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing 1 List of Deviations — 1/19/12 Words underlined are additions; words stmGk4hrough are deletions. Packet Page -550- 3/13/2012 Item 9.A. the required parking area will vary depending on the multiple functions or uses in close proximity which are unlikely to require the same spaces at the same time. The shared parking analysis methodology shall be determined and agreed upon by the County TFanspefttiGa Growth Management Staff and the developsF owners during the SDP pre - application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. Deviation 8: LDC 5.05.08.C.13.b., formerly Section 5.05.iii.(a) to allow gray primary and /or secondary colors to be permitted as a predominant exterior roof color. See Section 5.4.J. of the MPUD document. NEW DEVIATIONS: Deviation 9 seeks relief from LDC Section 6,06.01 (0) and LDC AppSndix B in order to width below the current 50 foot minimum to a width of no less than 40 feet This deviation would allow the Owners to minimize impacts to potential wetland or upland preserves while maintaining accessibility throughout the site. a minimum ten -foot wide pathway on one side of the street which may meander in and out of the riaht -of -way. Since the development is planned for an internal pathway system, this is a reasonable deviation. Deviation 11 seeks relief from LDC Section 4.06.02 which requires a Type B buffer between single family and multi - family uses Specifically, the applicant requests that no buffer be required between these uses when a water body separates the two uses Requiring the installation of a buffer in these areas would inhibit the lake views for both single family and multi - family residences. Deviation 12 seeks relief from LDC Section 4.06.05.J which requires that rip -rap on one side or more in order to minimize impacts to potential wetland and upland Preserves, as well as allow the use of rip-rap stabilization for elevations up to a height of 36 inches. Approval of this deviation will allow the owners to minimize impacts to Potential wetland and upland preserve areas by minimizing the development footprint subseauentiv reducing the total amount of wetland impacts required to-develop-the subject Proiect. Since the suggested roadways will be low -speed low - volume and limited in length, this is a reasonable deviation. Deviation 13 seeks relief from LDC Section 5.05.04.D.1 which allows a maximum floor area ratio of 0.45 for care units, assisted living units continuing care retirement 2 List of Deviations — 1/19/12 Words underlined are additions; words stFusk t#F ugh are deletions. Packet Page -551- 3/13/2012 Item 9.A. product that is marketable to an aging sector, the appucanc requests a max_1ro rr, uvv, area ration of 0.60 which is similar to other approved continuing care retirement communities in this area. Deviation 14 seeks relief from LDC Sections 5.06.02 and 5.06.04 to allow entrance signs into 120 square feet This previously approved deviation is requested to add the Deviation 16 seeks relief from LDC Section 5 03 02 to allow fences or walls separating commercial uses from residential areas to be permitted at a height of up to eight feet (i3') different land uses This deviation will benefit the public welfare by allowing for enhanced buffering. List of Deviations —1/1 9/12 Words underlined are additions; words stFuGk thr ough are deletions. 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N Fr -HM kF ji AH ma full MUM; Uf 5 9 C a o z O'li H, isK 11 1 15 z ft H I z C7 0£5 I i8 d �, 1�� HO� A131 .1 J Iv 777N-- NOItlAtl jo IVNVD NOIVAV 7T lb o ................... . mwln jO --nno o tig C-) < Z Z 0 < Um M C) z L3 ?w O 00 IM .W 4L 04 y .291 I Uf Lr) cu -`4 U Met 3/13/2012 Item 9.A. 22® )) Friday, February 3, 2012 )) N A P L E S D A I LY NEW S NOTICE OF INTENTTO CONSIDER'ORDINANCE Notice is hereby given that on Tuesday. February 28, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: PUDA- PL20110000047c SABAL BAY MPUD — AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING, ORDINANCE NO, 05 -59, THE SABAL BAY MIXED USE PLANNED UNIT DEVELOPMENT, BY AMENDING THE PUD DOCUMENT, EXHIBIT A. TO PROVIDE FOR: CHANGES IN DEVELOPMENT STANDARDS INCLUDING RIGHT OF WAY WIDTHS AND SIDEWALKS; ADDITION OF GENERAL PERMITTED USES -TO INCLUDE OUTSIDE STORAGE AND TELECOMMUNICATION FACILITIES; REMOVAL OF GOLF AS A PERMITTED USE; ADDITION OF CAR WASH, POST OFFICE, DOCKS AND ELECTRIC BOATS AS ALLOWABLE USES IN THE RECREATIONIVILLAGE CENTER TRACT; INCREASE OF PRESERVE BY 45 ACRES; INCREASE IN. FLOOR AREA RATIO FOR ADULT LIVING FACILITY AND INCREASE IN HEIGHT; REMOVAL OF AFFORDABLE HOUSING AND REMOVAL OF BALD EAGLE MANAGEMENT PLAN AND GOPHER TORTOISE RELOCATION MANAGEMENT PLAN ON PROPERTY LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U.S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY IN SECTIONS 23, 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19; TOWNSHIP 50, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416 +/- ACRES; AND PROVIDING AN EFFECTIVE DATE. [Coordinator: Kay Deselem, AICP, Principal Planner] Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing .to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing: All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. ;l If you are a person with a disability who needs any accommodation in order to Participate in this proceeding, you are entitled, at.no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami, Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLDER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E, BROCK, CLERK By: Ann Jenne]ohn, Deputy Clerk (SEAL) E- bruary 3. ?012 No 193 ?930 Packet Page -556-