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CCPC Agenda 07/06/2023COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 July 6, 2023 9: 00 AM Edwin Fryer- Chairman Joseph Schmitt, Environmental - Vice -Chair Paul Shea, Environmental - Secretary Christopher Vernon Robert Klucik, Jr. Randy Sparrazza Chuck Schumacher Amy Lockhart, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Page I Printed 612912023 July 2023 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes A. May 18, 2023, Meeting Minutes B. June 1, 2023 Meeting Minutes BCC Report - Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised PL20220001142 - Cocohatchee Bay PUD Amendment (PUDA) - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2000-88, the Cocohatchee Bay Residential Planned Unit Development, as amended by Settlement Agreement dated June 9, 2008, by increasing the permissible number of dwelling units from 590 to 600; changing the permitted uses in the Golf Course (GC) district to remove two single-family dwelling units and add essential services in addition to golf course uses; increasing the zoned height limitation of 17 stories and 175 feet for Building Five on the north property line adjacent to Arbor Trace to match the maximum zoned height of the other four buildings of 200 feet; adding development standards for the essential services use in the Golf Course (GC) district; amending the Master Plan to revise access points; establishing a new Bald Eagle Management Plan; and by providing an effective date. The property is located on the northwest and northeast corners of Wiggins Pass Road and Vanderbilt Drive in Sections 8, 16,17, and 20, Township 48 South, Range 25 East, Collier County, Florida, consisting of 532.09+/- acres. [Coordinator: Ray Bellows, Zoning Manager] B. Noticed 10. d Business A. Review of the Planning Commission Continuance Policy and associated Resolution Collier County Planning Commission Page 2 Printed 612912023 July 2023 11. New Business A. Collier Inter -Active Growth Model (CIGM) update overview 12. Public Comment 13. Adjourn Collier County Planning Commission Page 3 Printed 612912023 5.A 07/06/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 5.A Doe ID: 25804 Item Summary: May 18, 2023, Meeting Minutes June 1, 2023 Meeting Minutes Meeting Date: 07/06/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 06/16/2023 5:58 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 06/16/2023 5:58 PM Approved By: Review: Planning Commission Diane Lynch Review item Operations & Regulatory Management Donna Guitard Review Item Zoning Mike Bosi Division Director Growth Management and Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Completed 06/16/2023 5:58 PM Completed 06/19/2023 2:04 PM Completed 06/20/2023 4:34 PM GMD Deputy Dept Head Completed 06/23/2023 5:25 PM 07/06/2023 9:00 AM Packet Pg. 4 May 18, 2023 5.A.a TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida May 18, 2023 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, r d having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the c Government Complex, East Naples, Florida, with the following members present: a� c a� a� 0 0 Ln Edwin Fryer, Chairman N. Joe Schmitt, Vice Chairman Robert L. Klucik, Jr. (attending remotely) Paul Shea Randy Sparrazza Chuck Schumacher Amy Lockhart, Collier County School Board Representative ABSENT: Christopher T. Vernon ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Derek Perry, County Attorney's Office Page 1 of 95 Packet Pg. 5 5.A.a May 18, 2023 PROCEEDINGS MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. Good morning, everyone, and welcome to this, which is the May 18, 2023, meeting of the Collier County Planning Commission. If you're here for something else, apologies, you're in the wrong room. Having said that, everyone please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: I have been informed that one of our commissioners wishes to participate remotely. Commissioner Klucik, are you on the line, sir? COMMISSIONER KLUCIK: Yes, I am. CHAIRMAN FRYER: All right. May I have a motion to permit Commissioner Klucik to participate remotely? r COMMISSIONER SCHMITT: I make a motion for -- c CHAIRMAN FRYER: For that. COMMISSIONER SCHMITT: -- remote participation. CHAIRMAN FRYER: Is there a second? COMMISSIONER SCHUMACHER: Second. CHAIRMAN FRYER: Further discussion? (No response.) 00 CHAIRMAN FRYER: If not, all those in favor, please say aye. v COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: (No response.) COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: Welcome to the meeting, Commissioner Klucik. Mr. Secretary, please call the role. COMMISSIONER SHEA: Ms. Lockhart? MS. LOCKHART: Here. COMMISSIONER SHEA: Mr. Schumacher -- Commissioner Schumacher? 141910TIuILIMMeI91 T.Yyto] u/:XQsoIII -I-XIIIII:M= COMMISSIONER SHEA: Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Here. COMMISSIONER SHEA: Commissioner Klucik? COMMISSIONER KLUCIK: Present. COMMISSIONER SHEA: Commissioner Vernon is not present. I am present. Commissioner Schmitt? COMMISSIONER SCHMITT: Present. COMMISSIONER SHEA: Chairman Fryer? CHAIRMAN FRYER: Here. COMMISSIONER SHEA: We have a quorum, six out of seven. CHAIRMAN FRYER: Thank you. And the record will show that the absences, or absence, has been explained and is excused. Let's see. Addenda to the agenda. We have a continuance item, do we not, Mr. Bellows? MR. BELLOWS: Yes. The last item on the agenda has been continued to the next Page 2 of 95 Packet Pg. 6 5.A.a May 18, 2023 meeting in -- June 1 st. MS. ASHTON-CICKO: Is it being readvertised? MR. BOSI: It has been advertised for the June 1st. MS. ASHTON-CICKO: Oh, perfect. Thank you. CHAIRMAN FRYER: Thank you. Anything further? Any other changes to the agenda? (No response.) CHAIRMAN FRYER: If not, thank you. Planning Commission absences; as mentioned, our next meeting is on June 1 of 2024 [sic]. Anyone know if he or she will not be able to attend that meeting? (No response.) CHAIRMAN FRYER: It looks like we will have at least six. And then our -- there will be no meeting on June 15. The Board of County Commissioners will be using this room. So our next meeting is July 6th, 2023. Same question, anyone know if he or she will not be N able to attend that one? c (No response.) CHAIRMAN FRYER: Good. Hoping, then, that we'll have at least a quorum of six for that as well. Approval of minutes; none before us today. BCC report/recaps, Mr. Bellows. MR. BELLOWS: Yes. On May 9th, the Board of County Commissioners heard on the CD summary agenda a rezone from RSF-3 to RMF-6. This was to allow for two v residential -- additional residential multifamily lots. That was approved on the summary. CHAIRMAN FRYER: Thank you very much. d Chairman's report; none today. Consent agenda; none today. ***Public hearings; the first advertised matter is in the form of two companions. They are PL20220000289, which is the Shamrock Self -Storage, 4050 13th Avenue Southwest small-scale Growth Management Plan amendment, and PL20210003321, the 4050 13th Avenue CPUDZ. All those wishing to testify in matter, please rise to be sworn in by the court reporter. a THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the v truth, the whole truth, and nothing but the truth? M (The speakers were duly sworn and indicated in the affirmative.) ao CHAIRMAN FRYER: Thank you. Ex parte disclosures -- ex parte disclosures, please, starting with Ms. Lockhart. MS. LOCKHART: Yes. I spoke with a resident along 13th, I've received an email from a resident, and I've reviewed staff materials and spoken to staff. E CHAIRMAN FRYER: Thank you. COMMISSIONER SHEA: Staff materials and emails from residents. a CHAIRMAN FRYER: Thank you. Meetings with staff, communications with developer's agent, matters of public record, and a site visit. COMMISSIONER SCHMITT: The only thing I had was the information forwarded by staff only and, of course, the emails I received as well concerning this petition. CHAIRMAN FRYER: Thank you. COMMISSIONER SPARRAZZA: Staff materials only. COMMISSIONER SCHUMACHER: Site visit, staff materials, meeting with staff, conversations and emails with residents on 13th. CHAIRMAN FRYER: Thank you very much. And Mr. -- Commissioner Klucik? Commissioner Klucik, do you have ex partes for us? COMMISSIONER KLUCIK: Staff meeting. Page 3 of 95 Packet Pg. 7 5.A.a May 18, 2023 CHAIRMAN FRYER: Thank you very much. Okay. With that, the Chair recognizes Mr. Davies. MR. DAVIES: Thank you, Mr. Chairman. Good morning, Commissioners. For the record, Noel Davies with the law firm of Davies Duke. Our firm represents the applicant for these two companion applications for self -storage, which include the standard small-scale Growth Management Plan amendment and corresponding PUD rezoning. With me this morning is Greg O'Herren, my client representative; Patrick Vanasse is our land -use planner. You'll hear from Patrick shortly; James Banks with JMB Transportation Engineering is our transportation engineer; Mike Pappas with RWA is our civil engineer; and Russ Weyer is our economist. The subject property is approximately five -and -a -half acres located at 4050 13th Avenue Southwest here in yellow at the corner of Collier Boulevard and 13th Avenue Southwest. The property is, effectively, surrounded by two large Florida Power & Light power stations. These are outlined in red, as you can see, and they immediately abut the property to the south and to N the west, and Collier Boulevard, which is a six -lane arterial, immediately abuts the property to the c east. This is what sits immediately adjacent to the property. These FPL facilities have rendered the property unusable for any residential use. There is an old model home that's been sitting vacant on the property for many years. It will continue to sit vacant because no one wants to live right next to these two power plants. That's why we're seeking to rezone the property to allow for the self -storage use only which, as you know, is one of lowest impact commercial uses. Very low trips,00 very low intensity, and a much more appropriate use for the site. v COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Commissioner Klucik. d COMMISSIONER KLUCIK: Could you just explain the genesis --so there was, you know, this parcel, and, you know, a model home was built and, obviously, now there's these industrial or, you know, other uses, whatever we want to call them. When was the model home built before? m CHAIRMAN FRYER: Mr. Davies, if you know. 22 MR. DAVIES: Approximately 15 years ago, I think, it's been sitting there. a CHAIRMAN FRYER: Thank you. v COMMISSIONER SCHMITT: It's probably longer than that. It's got to be at least 20 M years that that house has been there. w MR. DAVIES: A long time. There's -- go ahead, Commissioner Klucik. I'm sorry. COMMISSIONER KLUCIK: And was the -- were the adjacent properties occupied with their current use at that time? c CHAIRMAN FRYER: The FPL? E COMMISSIONER KLUCIK: Yes. MR. DAVIES: I think, when was it, '87? Q CHAIRMAN FRYER: We're working on an answer for that one, Commissioner. MR. VANASSE: For the record, Patrick Vanasse. COMMISSIONER KLUCIK: And let me just clarify. The reason for asking is if the county approved these uses, you know, afterwards, then we sort of made them, you know -- kind of inappropriate for residential. And I'm just trying to figure out, you know, how this unfolded. MR. VANASSE: Yep. The substation to the south existed in the '80s, and that went through a PUD approval, and it's a substation and service center for FPL with maintenance facilities on the site. Then, in 2017, the substation to the west came in by right. So substations are essential services and can go in any zoning district. So the large substation to the west came in without the need for any public hearing. CHAIRMAN FRYER: Thank you. Commissioner Klucik, did that answer your question, sir? I take that as a yes. Page 4 of 95 Packet Pg. 8 5.A.a May 18, 2023 Continue, Mr. Davies. MR. DAVIES: Thank you, Mr. Chairman. Your staff has reviewed the applications. Staff is in agreement and supports the proposed use. Staff finds the request compatible with the surrounding area, especially given the power plants next door, and also in light of the low intensity and corresponding low -traffic generation of the self -storage use. We had two neighborhood information meetings, one virtual and one in person. Attendance was primarily from those who live on 13th. We have kept in close contact with them throughout the process, have provided a -- CHAIRMAN FRYER: Mr. Davies, pause for a moment, please. Ladies and gentlemen, we have a large group of people here today. You're all, obviously, more than welcome to be here, but we're going to ask you to remain silent until and unless you have the floor, and that includes clapping, laughing, yelling, speaking. Turn off your cell phones, and please be respectful of the process and the person who's speaking. Thank you very much. N Mr. Davies. c MR. DAVIES: Thank you, Mr. Chairman. We have provided a number of revisions to our plans to specifically accommodate the request from the residents, including the feedback that we received at the two neighborhood information meetings. We're providing enhanced buffering, enhanced setbacks, both beyond what code requires, and also revised access. The primary theme at the NIMs was the location of our access point.00 There was a request by the residents to move access from 13th Avenue Southwest to Collier v Boulevard/951 to take the ingress/egress away from their street and to give relief to the bus stop that's located at the corner. W We did originally propose access on 13th, but in response to that feedback from the residents, we submitted a detailed alternative access plan that provides for access on Collier. We pursued that with staff, submitted all of the pertinent documentation, redesigned our site plan, and our client consented to incur the significant additional cost of putting the access on Collier instead of 13th. I'm not going to step on staffs presentation because I know they have important information to share with you about their opinion as to the access point and their recommendation for access back on 13th instead of Collier. And with that, Mr. Chairman, unless there are questions for me, I'd like to finish our presentation and introduce Patrick Vanasse, our land -use planner. CHAIRMAN FRYER: The Vice Chairman has a question or comment. COMMISSIONER SCHMITT: Yeah. I had a question concerning the access to Collier. And I probably would need staff to confirm this, but I recall that Collier is deemed a limited access road. It was designed to be a through thoroughfare and have limited, as best as possible, any type of traffic coming in and off of Collier. So had that been approved, or is that still pending? I don't recall reading that in the petition. And I understand the concerns of the community, but the county at large made a decision over 20 years ago regarding Collier Boulevard, and to now say we would like to have an entrance, I think it goes against what was the intent of Collier Boulevard. So I'll need staff to clarify that. And where's your petition now in regards to entrance? Is it still off of 13th, or is it -- MR. DAVIES: Thank you, Commissioner. We originally submitted for access on 13th. COMMISSIONER SCHMITT: Yes. MR. DAVIES: We had the NIMs. Neighbors wanted it on Collier. COMMISSIONER SCHMITT: Yes. MR. DAVIES: So we submitted an alternative access plan for Collier, site plan redesign showing the access point on Collier. COMMISSIONER SCHMITT: Yes. Page 5 of 95 Packet Pg. 9 5.A.a May 18, 2023 MR. DAVIES: And I'm not going to speak for staff, so I'll let staff answer questions as to what their opinion is. They're recommending access onto 13th primarily, I think, because of what you just stated, sir. COMMISSIONER SCHMITT: Yeah. The issue here is, of course, the concerns of the residents versus the concerns of the entire county as to the intent of what Collier Boulevard was. And, again, it was designed and intended to be, back when it was widened 18 -- 17, 18 years ago, that it was going to be restricted entry onto Collier Boulevard to prevent exactly the type of things that happen when you have an entrance or an exit off of Collier Boulevard. So I'll reserve and hold until staff presents, and you can clarify that issue. MR. DAVIES: Understood. Thank you, Commissioner Schmitt. CHAIRMAN FRYER: Thank you. Mr. Vanasse. MR. VANASSE: Good morning. My name is Patrick Vanasse. I'm a certified planner with The Neighborhood Company. It's a pleasure to be here today to discuss this proposed w d self -storage facility at 4050 13th Avenue Southwest. c My part of the presentation will be to address land -use issues, talk about consistency in compliance with the Land Development Code and the Comp Plan as amended. I'll walk you through some of the site design issues and details about the property in our application. We understand that you have a very busy agenda today. You also have very detailed staff reports in your packet. We've reviewed those. And other than access to the property, we actually fully concur with all their findings, conclusions, and recommendations for approval. So I'll try to00 keep this brief and touch upon the salient points of the application. v Okay, slide. As Noel mentioned, the property is roughly 5.5 acres, corner of 13th Avenue and Collier Boulevard, about 1,300 linear feet from Green Boulevard in Golden Gate City. Future land -use category for the property is Estates and, more specifically, Golden Gate Area Master Plan urban residential subdistrict. The zoning is Estates, and currently the use of the property is an abandoned model home, and the rest of the property is vacant. Next two slides will be aerials of the property. Gives you a general location. And as you m can see, the subject property abuts other nonresidential uses to the south, and on our next slide, we Z can see that some of those uses are urban -level intensity types of uses, a variety of -- and a mix of a uses including commercial, C-4, C-5 zoning district medical, medical office, civic, and utilities. So v I would characterize that area as urban -level uses and relatively intense uses at that corner. M We believe that the proposed use on this site, due to the immediately adjacent uses, is an 00 appropriate use and, for the general area, it creates a transition from more intense commercial uses at the intersection of Green. And as we move forward, you get a transition to less impactful commercial uses closer to the residential uses. c So looking at the abutting uses, the next slide shows a view from the intersection of 951 and 13th Avenue. You can see the two very tall power poles right there leading to the power stations. Behind that, we see the abandoned model home and the rest of the property beyond that. On the north side of 13th Avenue, we have single-family Estates properties. Immediately adjacent to the west is the substation. What I'd like to point out on here is, if you follow my cursor to the left, those power poles are about 60 to 80 feet in height. They are imposing structures, so is the substation, and we show the full width here at the bottom. The width is over 400 feet, and the tallest components within the substation are over 50 feet in height. Both sides of that property towards the residential, you do have vegetative buffers, and we will have a vegetative buffer between this property and our subject property. A little more closeup detail of the substation. This slide shows the substation to the south. Where you've got the arrow in red is the subject property and, as you can see, you've got taller existing vegetation there that will be kept as our preserve to provide some buffering to the proposed structures. Again, older substation, not quite as tall but still imposing from a visual standpoint and also Page 6 of 95 Packet Pg. 10 5.A.a May 18, 2023 imposing from the fact that these substations create this constant electric hum on the subject property. CHAIRMAN FRYER: I'm going to interrupt you, if I may, Mr. Vanasse. Ma'am, before you step back, you just handed in your speaker certificate. I'm going to ask you and everyone else who wishes to submit a speaker's request to register to please take your slips to the back of the room where Mr. Youngblood and Ms. Pedron are sitting, really, near the center aisle. We do it a little different here than the Board of County Commissioners. That's where our speaker slips are processed. COMMISSIONER SHEA: The sign says here. CHAIRMAN FRYER: Yeah. Disregard the sign. Disregard -- don't look what's behind the curtain. Otherwise, we have our Assistant County Attorney running around like a messenger. Sorry to interrupt, sir. MR. VANASSE: Thank you. Just to reiterate a very important point made by Mr. Davies. If not for these two power N substations to the west and to the south of us, we wouldn't be here today. Not only do we have c substations on two sides of the property surrounding the property, we have a major arterial to the east with a right-of-way of over 280 feet, and we have a roadway to the north. And I think that unique set of circumstances that only applies to this property is what makes this property unsuitable for residential use, and that is my professional planning opinion. I don't think this is an appropriate lot for residential use. The existing home has been vacant for over 15 years and, again, it points to the desirability00 of the property. Ln N. The property owners, in looking for a viable economic use of their property, were obviously looking for a nonresidential use, and the idea was that a self -storage facility is very low impact. d And what we mean by "low impact" is it generates very few trips. It generates very little human S activity. It doesn't create noise or noxious smells from that use. So it's considered a very low -impact use. a� What -- the impact that these facilities have is that they tend to be relatively large, so they have to be in appropriate locations, and you have to provide appropriate separation, buffering, and landscaping to address that issue. And we believe we've done so with this application. a We think it's an appropriate location. It is substantially separated from any residential use, v and we have significant buffering. So I'll touch upon that on this slide. cUY, As you can see, to the west, the nearest residential use is over 500 feet from the subject 00 property. As mentioned, the FPL substation provides that separation buffering, and there a I vegetative buffer on their side and between the substation and our property. To the south, the substation there creates, again, separation buffering. The closest home is over 650 feet away from the subject property. On the eastern side, we've got Collier Boulevard. E We have a drainage swale canal, and the closest home to the east is about 400 feet away. To the north is one residential property. We have about 150 feet of separation from our a facility to that property but, as I will address, that is the closest residence, and we've designed our site accordingly, and we've provided enhanced buffering, enhanced landscaping. And we did -- we minimized the scale of our project on that northern side closest to that residence. Next slide shows you the amended Future Land Use Map where the proposed subdistrict is identified. Without going into a ton of detail about the proposed language for this subdistrict. What we want to highlight is it does provide restrictions and conditions as to what can go on that property. So the project must be approved as a Planned Unit Development. There are advantages to a Planned Unit Development in that it can include conditions, restrictions, and assurances for what's going to be built on the property. The total square footage is limited to 174,000 square feet, and the use is limited solely to self -storage. The height cannot exceed three stories, and a maximum of 38 zoned --a zoned height, Page 7 of 95 Packet Pg. 11 5.A.a May 18, 2023 38 feet. Access will be restricted to Collier Boulevard. A minimum setback of 65 feet is provided along 13th Avenue. And F and G identify the enhanced landscaping that is required with enhanced plantings, and last, but not least, we have a requirement for Dark Skies compliant lighting on the facility. I'll talk about the site plan and our master plan. Some things I want to highlight is the enhanced buffering, setbacks, landscaping. I want to talk about the overall design in the type of facility, which is a fortress style self -storage facility where all the uses are internalized and facing inwards. There are no doors facing the outside. And we use liner buildings on the outside of the property, so someone driving or walking by from the outside, what they see is what looks like a masonry wall that you see for many residential communities, and a buffer on the outside of that wall. I'll talk about the height limits, and our site is also gated and will have on -site security during operational hours. So as Mr. Davies pointed out, originally we had our pre-app meeting with staff. We talked about putting access along 13th Avenue. Just to orient ourselves here, Collier Boulevard is where d r my cursor is, and 13th Avenue is right here. Our original access was near the corner on 13th. c We had two NIMs. I think the resounding comments from the residents was we want to limit any traffic on our roadway and, also, we are concerned from a safety standpoint because our school children have a bus stop on the corner, and the parents use the shoulder right near the bus stop to park and pick up and drop off their children. So they asked us to accommodate their request. And we had a client that did so at a significant cost, as mentioned by Mr. Davies. As you can see here, we have to include a significant00 turn lane and, in doing so we have to address drainage along the roadway and reconfigure utilities to v make this happen. But, again, we believe this is a good design aspect. It addresses the concerns from the residents and helps us ensure compatibility with those residential uses by turning the facility where we face it towards 951 and access is along 951, and we can create more buffering and shielding from 13th Avenue. Other things I'd like to point out is we are going to have one multistory storage building. It will be -- 22 CHAIRMAN FRYER: May I interrupt, sir, with a question? MR. VANASSE: Yes. CHAIRMAN FRYER: And then I'm going to ask the Vice Chair if he has a question or comment. Am I to understand from what you just said that you're willing to incur the expense to create the entrance on Immokalee? MR. VANASSE: That is correct. CHAIRMAN FRYER: On Collier, I mean. MR. VANASSE: That is correct. CHAIRMAN FRYER: Okay. And I've been informed that the ballpark cost is around a half a million dollars. MR. VANASSE: I do not know what that would be. We do have our project engineer and -- we had Mike Pappas on our slide, but it is Laurie Swanson, and she can provide more detail, possibly, if needed. CHAIRMAN FRYER: Okay. Vice Chairman. COMMISSIONER SCHMITT: A couple different issues. One is who owns the model home now? MR. VANASSE: The model home is owned by the seller of the property. Our client is the contract purchaser. COMMISSIONER SCHMITT: Okay. So -- but has that model home -- was it marketed, and did they try to sell it as a home, or they just deemed it where the lot was probably undesirable and not really something somebody would spend -- take a guess. What's the value of the home Page 8 of 95 Packet Pg. 12 5.A.a May 18, 2023 right now? What's the market value of the home? Half a million, three-quarters of a million? MR. VANASSE: My understanding is that property -- I don't know if it was marketed for sale, but it has been vacant. COMMISSIONER SCHMITT: Yeah. MR. VANASSE: It has not been rented, and it's been abandoned for many, many years. COMMISSIONER SCHMITT: Yeah. I recall -- of course, my days on the staff, I recall the whole issue with models in the Estates and whether it was deemed a business or not. There's a lot on the record about that, because the model homes that appeared in the Estates were, essentially, a business. They had people coming in and walking through floor plans and, of course, deciding to build elsewhere. So this was, in reality, predominantly a business facility. It was a model home. But I'm curious now, is my question, it was not -- did they try and sell it, and it just wasn't marketable? And, of course, now we have this -- your client who's purchased this property as -- to be a future storage facility. w d MR. VANASSE: I don't know all the details. My understanding from the buyer and his c discussions with the seller is, yes, there wasn't much feasibility to sell this as a residential use. Obviously, that's why they started looking for a nonresidential use in a commercial -- COMMISSIONER SCHMITT: Either Patrick or Noel. You know, storage facilities have been a pretty significant issue in this county. I can debate either pros or cons, but it always seemed to be a touchstone that nobody -- that certainly burns in everybody's craw about the fact that they're going to put up a storage facility.00 And staff -- and, Mike and Ray, what, maybe 15 years ago, pretty strict architectural v standards in regards to, if you put up an office -- or a storage facility, it has to have the appearance of --it can't just be four walls and, you know, a square box. It has to have very unique architectural W standards so it blends in with the community. Have you proposed to the residents any type of renderings that you -- it's not part of the zoning but, of course, it helps quell any of the concerns of the residents. Have you proposed any type of design that you're looking at? MR. VANASSE: We have not finalized all the details of the buildings themselves, but we 22 do have the massing and the structures, and we do have renderings showing what you would see a from the roadway. Again, we've designed it in such a way where we're trying to reduce the scale. v We are trying to locate the larger building far back where it won't be visible, or it will be visible at a cUY, very far distance. 00 And we've also designed it where everything close to the streets is going to be one story, no more, and it's going to look like a masonry wall surrounding the property. COMMISSIONER SCHMITT: And who did your traffic study? MR. VANASSE: Mr. Banks. E COMMISSIONER SCHMITT: Is Jim here? MR. VANASSE: Jim. a COMMISSIONER SHEA: Yes. COMMISSIONER SCHMITT: I saw him back there somewhere hiding. MR. VANASSE: Yeah. He was back there a second ago. COMMISSIONER SCHMITT: And I'm going back to the entrance off of Collier, because, again, I -- I've got to tell you, I'm not really in favor of the entrance off of Collier. I know what the rules were. I'll have to have staff clarify that, but they were -- they were very restrictive on how and who would enter onto Collier. And so I hear you, and you stated the concerns of the community about the bus stop. But of anything that is built on that site, the least obtrusive is a storage facility. I'd have to hear what Jim says about -- as far as projections, but it can't be, what, how many trips a day? Ten? Fifteen, if that? MR. VANASSE: If you look at your staff report -- Page 9 of 95 Packet Pg. 13 5.A.a May 18, 2023 COMMISSIONER SCHMITT: Yeah. MR. VANASSE: -- the peak -hour peak -day trips -- COMMISSIONER SCHMITT: Yes. MR. VANASSE: -- is 26 trips. COMMISSIONER SCHMITT: And that's high. I would -- maybe during a couple weeks of the year when people are coming in -- MR. VANASSE: Peak -hour, peak -day. COMMISSIONER SCHMITT: Other than that, they're just pretty --they're just a building sitting there with very few people entering and exiting. I tell you, I cannot justify moving the entrance onto Collier unless I hear from staff saying that this is something that is absolutely desired and mandatory, because I go back to, again, why Collier was designed and what it was designed to be, and that there would be very few allowances for entrance and exits onto Collier Boulevard. So I'll need staff to clarify that again. So thank you. r CHAIRMAN FRYER: Commissioner Shea. c COMMISSIONER SHEA: Just for the record, I'm pretty sure I know the answer, but all the storage is going to be interior; there will be no outside storage at all? MR. VANASSE: Internal to the project. COMMISSIONER SHEA: To the structure. Not -- well, in other words, you're not going 2 to park an RV in the parking lot? MR. VANASSE: No.00 COMMISSIONER SHEA: And store -- everything storage -wise will be internal -- v MR. VANASSE: Internal. COMMISSIONER SHEA: -- to the structure on the property? MR. VANASSE: Internal, yes. COMMISSIONER SHEA: Okay. CHAIRMAN FRYER: Commissioner Schumacher. COMMISSIONER SCHUMACHER: We look at this size facility; what type of vehicles are you going to have accessing this storage unit? Because it's also an interior storage unit that you're going to pull through. So what type of delivery size vehicles and trucks are going to be coming into this site? MR. VANASSE: Primarily, these are, you know, households, individuals that use their own vehicles. You do have some people using cube vans that they rent. We are aware of some of the assertions that people have made about having semis go to this facility. We've discussed this with our client, and I think what our client says is typically for facilities like this, people that use semis move directly to their property. They hire a company that goes directly to the new home, and maybe two or three times a year they get a semi that goes to a storage facility. COMMISSIONER SCHUMACHER: So there's no -- there's no local company with a national -- CHAIRMAN FRYER: Commissioner, I don't think you're on mic. Could you get a little closer to your mic. COMMISSIONER SCHUMACHER: Is it on? There we go. So there's no -- there's no relation in between a local moving company and a national partnership, correct? MR. DAVIES: There's not. COMMISSIONER SCHUMACHER: Okay. And going back to this buffer, so this buffer along 13th, you said there's enhanced buffering. I see a 25-foot. What does that buffer include? MR. DAVIES: Do you want to handle that, the buffering on 13th? MR. VANASSE: Yeah. We'll --I've got some slides, but just the buffering along 13th. So we have a right-of-way easement right up against the property boundary. It's followed by an Page 10 of 95 Packet Pg. 14 5.A.a May 18, 2023 FPL easement. We have a water management that we put on that northern side to create more separation. And then we will have buffering in front of the water management area and in back up against those buildings. And I'll move on to the renderings to kind of give you an idea of what it's going to look like once it's built. This is a few from 951 looking south. The proposed access point, if I can get my cursor here, is in this general location. The taller building, the three-story building is over here at the back surrounded by FPL stations on two sides. And at the front here along 951 is where we've kept our preserve. There's a lot of existing vegetation, taller, mature trees, and it's going to create a lot of buffering for that taller facility. Everything else is going to be one story. And then on the corner, the architect has designed the facility to look like a single-family home as an architectural embellishment and also to ensure compatibility with the residential in the area. But mostly what you'll see is buffering and what looks like a masonry wall all along here. Next exhibit, this is from 951 also but from the south looking north. This is the existing substation to the south. This is where we have the preserve. Behind there you can see some of the w d building. c This is a view that we provided at the neighborhood information meeting. This is when we had the access point along 13th Avenue. c And the next slide shows you the change that we did and that we removed that access point. And what can be seen here again, is enhance landscaping,bufferin some green area for g g, g �' � detention/water management and, again, the liner buildings that look like masonry walls further out. And in the background you might see a little bit of a peak of the taller building that is three stories.00 Line -of -sight exhibits, without going into any detail of those, just kind of show you that v those are to scale, and it shows the significant separation from our facilities and shows you that from any line of sight you have either a vegetation, you have substations, and you have other elements obstructing your view, and that the proposed facility is going to be separated, shielded, and buffered from adjacent uses. Any questions, or should I proceed with my presentation? CHAIRMAN FRYER: No one is signaling at this time, so unless there are no questions or m comments, please proceed. MR. VANASSE: Again, the benefits of the GMPA and the PUD is restrictions can be put a on this property versus straight zoning. As mentioned, this property is not suitable for residential. v So what are you going to have there? You're going to have nonresidential uses, and any other M commercial, if it was a general commercial category, could allow for multiple uses. 00 With these proposed petitions, you have a guarantee as to what the use is going to be. You have a guarantee as to what the maximum height is going to be, what the buffering, what the setbacks will be, and what the total square footage and trip cap will be with this application. Just generally speaking about traffic -- and Jim is here, but Jim put together a traffic study. E The methodology was discussed and accepted by staff. Staff concurs with his findings that there is sufficient roadway capacity and that the proposed project will have no negative impact on the a adjacent roadway system. Again, going back to access, we certainly understand the concerns when it comes to limiting access points onto 951. Asa land -use planner, my job is to try to balance multiple issues including, you know, needs of the neighbors or desires, roadway issues, traffic, and trying to ensure compatibility. In balancing that, we believe that the access on 951 -- which we believe staff can approve if they'd like to, and that it meets separation requirements and technical requirements. We believe, from the standpoint of compatibility in addressing the needs and the neighbors and their concerns is a better option, but we are certainly open to listening to what staff has to say and what the public has to say. So in conclusion, the proposed petitions are consistent with the GMPA as amended and the LDC. I think we've demonstrated that, due to the unique conditions, there is ample separation and buffering and that we've designed the site to be compatible with the surrounding uses. Page 11 of 95 Packet Pg. 15 5.A.a May 18, 2023 The proposed use is a low -impact use that provides a reasonable economic use of the property. Otherwise, the Estates zoning just doesn't allow anything else to go there. Other than access, we fully support and concur with staffs findings, conclusions, and recommendations for approval. And last, but not least, we respectfully ask for a recommendation of approval for both petitions. And we will be happy to answer any questions and reserve the right to rebuttal after public comment. CHAIRMAN FRYER: Thank you very much. No one is signaling. Does anyone wish to be heard from this side of the dais? (No response.) CHAIRMAN FRYER: If not, we'll ask for staff to give its presentation. MR. ORTMAN: Good morning, Commissioners. For the record, Eric Ortman, Planner III. I was the zoning planner for this petition. I really have nothing to add that hasn't already been said except that I think there is -- on 13th Avenue, there is a 65-foot setback from the right-of-way line and 80 feet from the road line. Staff does recommend approval of this petition contingent upon Transportation Planning c Services agreeing to a point of access to the project. And I'm here to answer any questions. CHAIRMAN FRYER: Thank you. No one yet is signaling. Vice Chairman. COMMISSIONER SCHMITT: Yeah, I'd still like to hear from county transportation as to their recommendation if they concur with the entrance onto Collier Boulevard. So who's got the pleasure? 0 o CHAIRMAN FRYER: Ms. Hansen. Ln N. MS. LANTZ: Lorraine Lantz, Transportation Planning. I am here with Mike Sawyer as well as Tony Khawaja, our traffic engineer, and also our consultants from the Jacobs team are W available on the phone if they have to provide input. I do have a PowerPoint, if you will indulge. COMMISSIONER SCHMITT: While you're getting that up, am I incorrect, I thought it was a Board of County Commissioners policy decision in regards to entrance into and off of Collier Boulevard. So that would have to be clearly stated to the Board of County Commissioners -- MS. LANTZ: That is correct. Correct. v COMMISSIONER SCHMITT: -- as a policy decision for the Board to make. MS. LANTZ: Correct. So the long and short of it is there is an access management resolution. COMMISSIONER SCHMITT: Yes. MS. LANTZ: It was from 2013 in which it says -- basically, it's based on capacity safety, and general welfare of the traveling public regarding access management. Collier Boulevard is considered a Class 2, which is very -- which is limited, and the access would be off of local roads. So that is our policy. That is what we are making all of our recommendations based off, access off of 13th, because that is the -- that is the local road. COMMISSIONER SCHMITT: So your recommendation is to keep the access on 13 rather than off of Collier Boulevard? MS. LANTZ: Correct. COMMISSIONER SCHMITT: That's the staff position? MS. LANTZ: The staff position is 13th. COMMISSIONER SCHMITT: Of course, you've heard what the residents -- Patrick stated what the residents want, and I guess, from that standpoint, it becomes a Board of County Commissioner decision. MS. LANTZ: The access management policy stands, right, so that is our position. That is -- we've had everyone look at it. We understand the citizens have asked for that. We have looked at the safety of what -- how that maneuver could be made. We did a bulb -out rendering to show what that could be. Page 12 of 95 Packet Pg. 16 5.A.a May 18, 2023 COMMISSIONER SCHMITT: Do you have that? MS. LANTZ: Yes, we do. This was just some existing conditions to the show that the Publix to the north has access off the northern street, which is 1 lth, so they have access off 1 lth and, to the south, the hospital facility -- the medical facility has access off of 15th. So that -- this is very similar to how we've done that in the past. This is the current location. This is where we would say that they would have access off of 13th. This is a facility -- Collier County [sic] is a Level of Service D, and we are looking at the concerns of traffic and capacity. COMMISSIONER SCHMITT: Is there a left -turn lane there, or is it just a -- MS. LANTZ: It's a turn into --onto 13th. It is not a U-turn. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: So the staff position is that it would be a change in policy, which we could recommend and the Board of County Commissioners could implement, but it would involve a change to create the bulb -out on Collier, correct? N MS. LANTZ: Correct. c CHAIRMAN FRYER: Okay. MS. LANTZ: So we were -- we did hear the citizens, and we were looking at -- it's what we call SU delivery, which is a single -unit delivery truck, which would make typical deliveries, a U-Haul truck, as well as deliveries to this facility as if it was commercial in general. The request was to look at a 30 -- SU30 vehicle and an SU40 vehicle. That's not the length of the truck. That's the length of the wheelbase. That type of maneuver would require, in order to00 be safe and not requiring three-point turns, a bulb -out, which is a very considerable expense based v off of the FPL towers or facilities and the drainage. That's one thing that we haven't really spoken about, but the drainage for that swale takes all of drainage for Collier Boulevard as well as, it's anticipating, for the Collier Boulevard, the next phase. And so any changes to that drainage would be at an incredible expense; however, it is feasible. Recommended and safe, we cannot stand by that. We are standing by 13th. CHAIRMAN FRYER: Vice Chair, you still have the floor. m COMMISSIONER SCHMITT: Yeah. So what you're showing here is the vehicle would 22 actually, for all intents and purposes, have to execute a U-turn and then come in off of Collier a Boulevard. There would be no full opening at Collier Boulevard -- v MS. LANTZ: No. M COMMISSIONER SCHMITT: -- into the facility? 00 MS. LOCKHART: Correct. It would not be a full median opening. It would be a U-turn. COMMISSIONER SCHMITT: Right. I would have to concur. MS. LANTZ: That's for the 30, and then this would be for the 40. CHAIRMAN FRYER: Thank you. E Commissioner Shea. COMMISSIONER SHEA: I always get confused when we get these things. Is a staff -- your position, Mike, is that we approve it as submitted, and it sounds like the staff s position is we approve it but with the 13th Street [sic] as the access point, not Collier Boulevard. What is the -- is there one official staff position, or do we have to go pick and choose? MR. BOSI: No. That is -- that is the official staff position. 13th Avenue provides the safest -- COMMISSIONER SHEA: So that's your official position, too? MR. BOSI: I'm represent staff, and we represent the staff as a whole. We're not segmented in that regard. COMMISSIONER SHEA: Okay. MR. BOSI: We stand behind the safety concerns that are expressed by Transportation Department. COMMISSIONER SHEA: Thank you. Page 13 of 95 Packet Pg. 17 5.A.a May 18, 2023 CHAIRMAN FRYER: Thank you. Commissioner Schumacher. MS. ASHTON-CICKO: Can I ask her a quick question that might of help? Based on the diagram that you have here, how likely is it that that left turn to 13th would be closed in the future, if there's safety or capacity issues, and a separate U-turn would be provided somewhere else that's not at a street? MS. LANTZ: If the U-turn -- I'm sorry. MS. ASHTON-CICKO: It looks to me, just on common sense, that this could be a point of conflict that could remove the left -in at this location because of the point of conflict with 13th Street [sic], just looking at it, meaning if there are a lot of accidents at this location, the county may close that left -in and provide a safer U-turn further up the road that's not at a street. MS. LANTZ: And only -- you're saying only have access off of Collier? MS. ASHTON-CICKO: So the people who live on 13th Street would only have the ability to do a right -in, right -out on 13th Street if there's a point of conflict with this U-turn, and the median d r would be fully raise along 13th -- c MS. LANTZ: Oh, I see. MS. ASHTON-CICKO: -- and there would be a separate U-turn provided further up the road at a safer location. I'm just saying, it looks tome like there's a point of conflict, and I'm -- MS. LANTZ: That would be a concern. I would defer to Tony Khawaja for --if there would be a change in that access point there at that point. MS. ASHTON-CICKO: I mean, it's speculative, but it does look to be a point of conflict.00 CHAIRMAN FRYER: Thank you. v Commissioner Schumacher. COMMISSIONER SCHUMACHER: I just wanted clarity. You said that Publix, the W access, there's a right -in into that Publix off of 951, correct? MS. LANTZ: Correct. There's a right -in off of Collier. COMMISSIONER SCHUMACHER: And there's an access off of the residential street to the south? MS. LANTZ: Correct. There's a right -in and a left -in. 22 COMMISSIONER SCHUMACHER: There's no right -in to the medical complex that's just a north of Green? v MS. LANTZ: Off of Collier Boulevard, correct, there's no access. M CHAIRMAN FRYER: Thank you. 00 No one else is signaling at this point. COMMISSIONER SHEA: He's going to answer a question; Tony. u� MR. KHAWAJA: Good morning. For the record, Anthony Khawaja, chief traffic operations engineer. I wanted to answer Heidi's questions. E Currently, we have turn lanes at every roadway, and chances are we would like to keep them. c° y Absolutely, you are correct, if we end up with a location that have significant number of crashes, we would be looking for solutions or alternatives. One of those alternatives could be eliminating a left turn in at that location and providing the U-turn at the next block. I don't see that being a major concern, but it is definitely one of the items we would look at. CHAIRMAN FRYER: Thank you, sir. MR. KHAWAJA: Thank you. CHAIRMAN FRYER: Anything further from staff at this time? MR. BOSI: Nothing from staff and would -- any other questions you may have. CHAIRMAN FRYER: All right. No one is signaling at this point, so that would take us to registered speakers. Who do we have, Ms. Pedron? MS. PEDRON: Good morning. Our first speaker is Pat Lertch. She's being ceded time by Joe Lertch. Page 14 of 95 Packet Pg. 18 5.A.a May 18, 2023 Joe, could you please raise your hand. (Raises hand.) CHAIRMAN FRYER: Okay. We see him. Thank you. Thank you. Go ahead, ma'am. MS. LERTCH: Good evening. Good morning, I should say. CHAIRMAN FRYER: State your name again for us. MS. LERTCH: My name is Patricia Lertch. They call me Pat Lertch. I have heard our opponents, let's put it that way, come up here and stand and say, we have been involved with it. We have not been involved with it. The first meeting we had was supposed to be Zoom, and I was -- I made three phone calls, and I was waiting in my living room all ready to go on my Apple phone, and I never got let in from the waiting room. When I went down the next day to the meeting there in Lely library, we saw all these pictures and models of CubeSmart. I got up and spoke about how many CubaSmarts we have already in Collier County. w d And I'm not supposed to mention names, they say, but I'm going to. O'Herren got up and c said, oh, we're not going to build a CubeSmart. We're going to build a Shamrock. Well, now, today, is the first time we've seen it. He's saying, oh, we're not building a Shamrock. By these pictures, we're building a CubeSmart. So it's been this flip-flop all the time. We have no idea what any floor plans look like. We have no idea what anything looks like. All we're getting is bits and pieces, which we're seeing here tonight. So I think there's a little misinterpretation and a little deceit going on here. So I would -- I want to mention that, because I'd00 like to answer all these questions. v The house, yes, when O'Malley -- or O'Herren bought it, then they moved out. That house is livable. And I'll tell you what, we could sustain it. And I want to end that with my speech this morning about, yes, we can. It's viable. It's there. And they want to take out all the woods. There goes our noise buffer. I mean, they're coming in. We are happy. We love it where it is. It's peace and quiet, and we haven't even touched upon if it's on 13th Avenue. The tractor trailers and everything would be coming in off of m 13th Avenue out of the -- out of the lot and right across the street, lights, noise into the house that's our neighbor down there. a She has four children from teen to four. They go to bed at 8:00 every night. And you v think with the shifting of the gears with these trucks and all coming in on 13th Avenue and driving M out of 13th with the lights all in the bedroom and everything, that is going to be terrible. 00 We live there. We're happy. And I'll tell you what, there's something better we could put on that property, which is the two houses. I was going to do a summation, and I'm doing my summation first. But please hear me out for what I've got to say, because there's more here that is involved. E This is atrocious. The biggest warehouse in all of Collier County on 5.5 acres? That's ludicrous. Q All right. I wanted to say to you -- and I'm going to be me now. I want to say to you -- and, listen, I love everybody, I do, but I don't love them. And God forgive me. But anyway. I'm going to say -- I want to say good morning to everyone, and I said, we hope this morning that the truth will prevail; that the neighbors' concerns will be heard with an open mind and a heart and that you, the planners and all who will be involved in this hearing will listen to our plea and realize to see the difficulty this project presents to us and all of Collier County. I ask you to consider what is being presented to you, then ask yourself this: How would I feel if this warehouse were to be built in my neighborhood? How would it affect me and my family, and how would it affect my neighbors? And we need to love our neighbors, because we have great neighbors. And I have to say this: Thanks to them, you have brought our neighborhood together. We have never been so wonderful in my life. And I'm sorry. Page 15 of 95 Packet Pg. 19 5.A.a May 18, 2023 CHAIRMAN FRYER: We need to have you address the dais. MS. LERTCH: I know. I've got to look at you. All right. So this is what I'm going to say: I am here this morning to sell you a hole in your roof. Would anybody love to have a hole in their roof? I sure know I wouldn't. Maybe there's some advantages to it, maybe there are some disadvantages to it, because a whole lot easier [sic] to selling other things, and especially a hole in the roof, and I wouldn't want that -- to do it to anybody. And this warehouse presents a hole in the roof in our neighborhood. And the first question I want to ask you, dear gentlemen and lady, is have you visited the land on which this warehouse is supposed to be located? You need to just go there and see what it's like. The electricity and this whole 20 acres of electric plant, Florida Power & Light, how it's taken over 20 acres. And then on top of that, we're supposed to have of this huge warehouse that's bigger than any warehouse in Collier County? That's crazy. And then, when I was down with Rachael Hansen -- I have to thank her. She was most helpful. She gave me an hour, showed me plans and everything. And when she showed me where N that warehouse was going to be located, I looked and said, does that mean all the woods and our c noise buffer is going to be taken down? She said yes. And I thought, we've had that for all these years. I moved down in 1980, and I'll tell you what, it's been heaven sent. We're lucky. We are lucky, because I've got woods on my side and woods on this side, and it's beautiful because it's so quiet. But if this warehouse and this zone gets zoned from residential estate to commercial, that is going to open up every -- every other piece of property that is zoned residential estate and be00 commercial. We do not want that to happen. v This is a testing block. This is a way they're going to go forward. You heard on the mixed cities, well, these mixed cities and mixed towns and all this formula, it's mixed. That is the beginning of the end. I'll mention this -- I'm off my script now. I'll mention this. And I got my husband's time. Anyway -- I'll mention this. Have you ever heard of the din? Do you know what a din is? We're going to be Orlando. We're going to be out there with the din. And here's what the din is. When m the noise gets to a certain point and we get so much traffic and so many buildings, you're going to have a noise -- not tinnitus with a ringing. You're going to have the -- not major chord, but a minor a chord (indicating), and that's going to be in our ears. v And I was talking about that to a dear friend and a neighbor the other night, and she said, cUY, Pat, we already have it. I said, don't tell me the din is here in Naples. And she said, yes. Go out w at nighttime, at 9:00, and you'll hear the din. Up in Orlando, you go there, you have a din, the noise, and the din is in your ears, in your outside, and in your house. And I'll tell you what, I have a friend that is a pastor of the church, and he said -- and his E wife said, if we could just get rid of the din. And we're going to have the din. It's coming. You can hear it at 9:00 at night in Naples. And if the building keeps continuing with this mixed c° a building, it's going to be a mess, and it's not going to be nice to live. But let me -- let me continue with what I have to do. CHAIRMAN FRYER: You have about two -and -a -half minutes, ma'am, on your time -- MS. LERTCH: I had five. CHAIRMAN FRYER: You had 10. MS. LERTCH: Oh, I did. All right. CHAIRMAN FRYER: You started at 53, and it's now 01. MS. LERTCH: Okay. How many more minutes? CHAIRMAN FRYER: About two -and -a -half. MS. LERTCH: Two -and -a -half. Okay. I can get it done. CHAIRMAN FRYER: And you've got some questions coming up as well, so you'll be at the mic for a little while. Page 16 of 95 Packet Pg. 20 5.A.a May 18, 2023 MS. LERTCH: Oh, okay. Okay. I went ahead -- and the more important thing is this: I've got the square footage; I've got that. But I did a traffic report. And I know Mr. Manny, or whatever his name is, he's here. And the traffic report on -- by JMB Transportation Engineering, it said the survey was done daily from 7:00 to 9:00 a.m. peak hours and 4:00 to 6:00 peak hours. And they found in this minimum amount of vehicles, 2,400 vehicles, and the peak time was 3,000 vehicles. And I said to myself, this is not right. So I went down there on Wednesday, April the 12th, and I went down at 6:00. I have my counting. I have my figures. I have my plans. And God help me, I counted 6,319 cars between 6:00 in the morning to 9:00. Now, they're coming back at suppertime from 4:00 to 7:00. So look at the count between 9:00 and 4:00. That is seven hours of more traffic. This land is so small. And I was going to go through all the hospital is bigger but more land, Waterside shopping centers are with less square footage but more land. This warehouse, as bigas it is on 5.5 acres it's absolutely crazy. It's spilling out. And then it's going to be noisy. Y Y• p g g g Y• w Even Sunday it's open 7:00 to 9:00. c Our neighbors asleep at night and the lights are coming on. Sunday morning they can't sleep in. Saturday they can't sleep in. There's all figures here. I'll tell you what, and I've got -- I'll tell you what -- let me tell you what the solution is. CHAIRMAN FRYER: Let me do something, if I may, with respect. We're at 10 minutes. I've got two commissioners who want to ask -- either ask questions or make comments. So you're going to remain at the mic for a little while, and we'll start with Commissioner Shea.00 COMMISSIONER SHEA: Thank you. I was just wondering, what would you like to see v there? MS. LERTCH: Ali, I've got the solution. I don't come without anything. Right here. Right here. Now, I have the solution, I know I do. Right here. Okay. Here's the solution. And I have to tell you this: I'm an honest person, and I just let my heartflow. This isn't my solution. This is the Lord's solution. He gave it to me, and almost his words are here. And I'm here. I'm 91 years old for the Lord and for these people, and my husband is going to be 96. I mean, if this thing wasn't important, I don't think I'd be in it, and I'm in it for the people that -- for our street. So here's the solution. No rezone to the land at 450 [sic] 13th Avenue. The builder -- the builder will sell the land in the amount he has bought it, and that is $715,000. He bought it from O'Herren. And he bought it from the -- someone who owned it before at the same amount that other person bought it, from Brooks Agency over in Miami. So it's $750,000. He bought it from him for $750,000. Isn't that weird? Somebody selling you all this land, and you're paying the same price. I'll sell my house for what I paid for it? No way. But that's what he bought it for. So, anyway, let's get back to the solution. The model home to be remodeled. There is beautiful remodeling done today in these old homes. And the lot next to the model home will get another home and will be built. The driveway into these new homes will be on the west side of the houses, and a driveway that's big enough for two cars to get in and out, because we have a tractor trailer that makes a turn -- I don't know how he does it -- going down 13th Avenue Southwest. He gets to the end. He makes his deliveries -- and they're massive -- then he backs up that truck one mile all the way up, and he turns around on the property where there's a shed. Right in the back, there's a little piece of land that goes straight. He backs up there. I don't know how he does it. He manages to turn that truck around, and then out he goes on Collier. And I'm telling you, that piece of property for the biggest warehouse and as small as the property, you can't get a moving truck in. You can't get bigger vehicles in. And when a fire truck was there the other day trying to make a U-turn on the turn -- and it wasn't a hook and ladder or, you know, a big one -- it was like -- something like an ambulance -- he had to make three or four turns Page 17 of 95 Packet Pg. 21 5.A.a May 18, 2023 just to get the bend around. CHAIRMAN FRYER: Mrs. Lertch, thank you so much. You've answered the commissioner's question. The Vice Chairman has a question or comment now for you. COMMISSIONER SCHMITT: Just a question, you stated early in your presentation you've seen no renderings or architectural designs. Just for the record -- MS. LERTCH: No. COMMISSIONER SCHMITT: -- and for the folks in the audience, there are no requirements for architectural standards or -- correction -- architectural designs. We do not have an Architectural Review Committee, and it's not part of the rezoning process. We do, typically, in many instances see renderings just because they've been presented to the public, but it's not a requirement. And for your understanding, as I stated on the record earlier, there are very restrictive Land Development Code rules and regulations in regards to the design standards for storage facilities, and that's up to the staff to enforce once and -- or after -- if the petition is approved and they go through the site development process and the building permit N process. So you'll certainly have an opportunity once those plans are submitted to look at them and c comment, but it is a staff responsibility. 2 So I just want you to understand, there was no requirement -- though it's typically desired, but there's no requirement. And if this is the company -- you stated the name -- CubeSmart, you've seen other -- the buildings in the county that have been built. They resemble office buildings or other type of facilities to break away -- break that -- what I would call that box look and make it more fitting for the community. So I just want the folks to understand that that is not a requirement00 as part of the zoning process. v MS. LERTCH: No, I understand that. I understand. But if you're going to rezone it -- we need to see what's going to go there if you're going to rezone it for something. COMMISSIONER SCHMITT: Ma'am, it's not required. I stated that. MS. LERTCH: I know, but -- COMMISSIONER SCHMITT: I want you to understand, it's not required. MS. LERTCH: But we need to know something before -- m COMMISSIONER SCHMITT: Well, you may need to know it, but it's not required. MS. LERTCH: Then we have to -- if it's not required, then we have to down it. a CHAIRMAN FRYER: With that, I'm going to ask Commissioner Shea to ask a question or U U make a comment. r, COMMISSIONER SHEA: I wanted to actually ask Mike a question related to the previous 00 question I asked the speaker, is just what does the Growth Management Plan envision in that location? I know zoning isn't always what's envisioned in the Growth Management Plan, but what does the Growth Management Plan envision, which is what we're planning for in the county? MR. BOSI: This area is covered by the Golden Gate Area Master Plan, and it's designated E Estates. It's designated Urban Estates. COMMISSIONER SHEA: Okay. a MR. BOSI: The land -use arrangement around this parcel of land has changed drastically since that designation, and with two FP&L substations that are encompassing this property, the suggestion that two residential units are the most appropriate land use is not a perspective that -- that my planning staff shares. COMMISSIONER SHEA: Okay. Thank you. MS. LERTCH: We need land. We need houses. We don't need a warehouse. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: I just have one follow-on question, and it's for the petitioner. Ma'am, I'm done with you because I'm not --this is not a matter of a debate. This is -- I'm just trying to get information. MS. LERTCH: Thank you. CHAIRMAN FRYER: Ms. Lertch, you're excused. Thank you. God bless you, God Page 18 of 95 Packet Pg. 22 5.A.a May 18, 2023 bless your husband, and I wish I -- (Applause.) CHAIRMAN FRYER: Ladies and gentlemen, please, and I wish I knew where the Fountain of Youth was because, obviously, you've found it. But thank you so much. COMMISSIONER SCHMITT: I'm going to come over for dinner tonight. Obviously, you feed your husband well, too, because -- I hope to make it that long. Patrick, have you done -- has your client done any type of analysis whether -- on the marketability, if this -- for this home? And I understand what was stated, sell it for 750-. It was bought 20 years ago. I mean, the rule of seven, if you understand investments -- of course, that's just not going to happen. I mean, that property is worth far more than that. But have you -- the question I originally asked -- I don't see anybody moving to that piece of property and paying probably a million dollars for their lovely Estate home and backed up by a power -- a substation on one side and commercial on the south. I mean, is it -- I have to believe that if it were marketable and it could be sold, it would be sold as -is. MR. VANASSE: Yes. I would agree with that statement. Our client is the contract c purchaser. Obviously, the seller, and his motivation, was that he needed to find an economic use for that property. Residential was not viable; put it for sale. Our client sees real demand in that area. We do have quite a few storage facilities throughout Collier County, but if you look at that specific area of the county, you don't have facilities within the three-mile radius. So they see great demand, and they think it's a great location, and it is a viable use for the property, whereas residential isn't.00 COMMISSIONER SCHMITT: Thanks. N CHAIRMAN FRYER: Thank you. Ms. Pedron, who's the next speaker? W MS. PEDRON: Mr. Chairman, our next speaker is Gloria Marquez, followed by Harry Roth. CHAIRMAN FRYER: Thank you. The speaker is providing us with some visuals. COMMISSIONER SCHMITT: Please, ma'am, your comments have to be made on the record. CHAIRMAN FRYER: Yeah. And before you start, I know we're at the beginning of the registered speakers, but as we get toward the end of the registered speakers, we're probably going to encounter some people who have not yet been sworn in. So if you fall into that category when we reach you and you haven't been sworn in please, let us know so the court reporter can get you sworn in. With that, ma'am, please, once again, tell me your last name. MS. MARQUEZ: My name, Gloria Marquez. And I want to check what is the Goal No. 1 in the Golden Gate Master Plan. And they are talking about the land -- the land use and the compatible land use. And we think this lot that they are proposing for a storage facility is not compatibility with the power station that we have surrounding the lot. Why? Because we don't know what is going to happen in -- in storage facilities. And we know that now there are a lot of things that happen inside of those, an attendant [sic] facilities. So they are not going to be compatible with the electrical power station. They can process flammable liquids or things that we don't know. We have to count that everything is changed now, so we think the land use of, or storage facility is not compatible with the -- with the land use for the electrical power station. So the master plan, it says that to take a balance [sic] to the need to provide a basic services, and we think that a storage facility is not basic services for Golden Gate Estates because Golden Gate Estates has enough lots to take storage for everyone, so we don't need it in Golden Gate Estates. The master plan say that we need to take -- they are going to -- concerns about natural Page 19 of 95 Packet Pg. 23 5.A.a May 18, 2023 resources. That is not going to happen. Any development is going to cause some demolitions. It's going to cause that. They have to leave some trees and just the wildlife that we have there. And in this moment, these natural resources that we have there is camouflaged, all the impact that we have with the electrical power station, so we need it. And the master plan say that they ensure the health. And we know that the high voltage can create electromagnetic field, that we are exposed to those electromagnetic fields at our street. We couldn't say anything with this extension of the power -- of the power electric station that we have over there. We couldn't say anything. And now they want to put in a big block of concrete, and it's not compatible because, for healthy, we need this area with green, and it's going to get worse. So if he's say that it's not compatible with the residential, why they actually put in a big electrical power in our street that it was not before? We bought the houses without the power electrical station. Now we have to live with that, and now we have to talk about the storage that we don't want. w as r The master plan, they want to talk about safety. And for anybody that see what is c happening now in the storage, they can commit a lot of crimes inside the storage. They have people living there. They have people processing illegal substance inside, and they commit crimes. We c can see on the news every time. Those are facilities that they, most of the time, are unattended, only with one camera some times of day -- of the night, and we don't know who is going, who is coming, and we live families there. And they plan -- the master plan say that they are going to take care about the welfare and00 quality of life of the local residents, and our quality of life is going to change. They say that they v need 170,000 square feet to build it. This means we take out the circulation, something -- 20 percent of circumstantial interior, they can build 1,035 square feet -- so they can W build inside, one -- they can build 1,300 10-by-10 feet units. This means if they can do that -- I don't know their plans, I don't see that, but just calculating. If they can build 1,350 units 10-by-10, it means in the worst scenario, that we are going to have 1,350 more cars. They are not going to go every day, maybe three times per month, m but this means that everyday we are going to have 112 more cars. Actually, in 13th Avenue, we have 63 families living there. Suppose that we only have two cars for family. Some families has a more than two cars but, anyway, we are going to have 126 cars for our families there. v CHAIRMAN FRYER: Ma'am, you're at five minutes. M MS. MARQUEZ: Okay. Yes, and now we are going to increase 90 percent of the cars 00 entrance to the 13th Avenue. CHAIRMAN FRYER: Thank you. Commissioner Schumacher. c COMMISSIONER SCHUMACHER: I had a -- thank you for that. I just had a question for the petitioner. CHAIRMAN FRYER: You need to get on mic. Do you want to ask the -- COMMISSIONER SCHUMACHER: I said --no, I just had a question for the petitioner on this. CHAIRMAN FRYER: Do you want to ask it now? COMMISSIONER SCHUMACHER: I'll ask it now, yeah. If I can ask the petitioner, actually. Thank you. MS. MARQUEZ: Okay. I'm going to -- CHAIRMAN FRYER: Yeah. You're excused, ma'am. Thank you very much. Oh, before you're excused, please give a copy of that to the court reporter so it becomes part of the official record. Thank you. COMMISSIONER SCHUMACHER: Why 178,000 [sic] square feet? I know that's a tough question. I'm just -- this keeps coming up, and I just want to hear from the petitioner why this structure itself is almost four acres on a five -acre parcel. So why 178,000 square feet? Was it Page 20 of 95 Packet Pg. 24 5.A.a May 18, 2023 a calculation that this is the breakpoint? Like, that's --I'm just trying to get a grasp on this. MR. DAVIES: Yeah. So it's, you know, based on the market economics of the project, right? So a company looks at each parcel, right, looks at what -- you know, what the available space is, what the site planning standards are, what the buffering requirements are, et cetera. You know, those have been enhanced, as we've mentioned. And then also looking at the trip generation, right? So the trip generation comes from that square footage. The Transportation Impact Statement has to be submitted and reviewed by transportation staff, as it was in this case. And at that square footage, I think it said the 26 p.m. peak -hour trips, and that's been reviewed by your staff and -- COMMISSIONER SCHUMACHER: But this is more of -- I'm asking more because that's your breakpoint financially, correct, on the investment side of it, that if we're going to -- if you're going to build it to make profitability, it's going to have to be 178,000 square feet? MR. DAVIES: 174,000, but, yes, I believe that's -- I mean, that's, you know, subject to N the -- you know, a number of different factors, including looking at the economics of a project, c absolutely. COMMISSIONER SCHUMACHER: Okay. Thank you. CHAIRMAN FRYER: Thank you. COMMISSIONER SHEA: Can I follow up on that question, though? CHAIRMAN FRYER: In a moment. Yes, one second. Just to let everyone know, we're going to take our midmorning break in 11 minutes at 10:30.00 Commissioner Shea. c"'•� COMMISSIONER SHEA: I just wanted to make sure --because Commissioner Schumacher said something that I'm not sure. The 174,000 is the multiple floors, right? That's not W the footprint. Because I think he was alluding to the fact that most of the acreage was the 174-, but the actual footprint of the building is probably a third of that, right? MR. DAVIES: The 174,000 is the total square footage for the improvements on the project. COMMISSIONER SHEA: Yes. So what's the footprint of the building? COMMISSIONER SCHUMACHER: It's got an acre of preserve is what I was trying to get at. So you do four acres of space and then one acres in preserve area. CHAIRMAN FRYER: For some reason you're just not on mic this morning. COMMISSIONER SCHUMACHER: There we go. Is that better? CHAIRMAN FRYER: Yeah, much better. COMMISSIONER SCHUMACHER: No. What I was saying is they've got -- on the site plan, from what I can see, what was submitted, there's an -- there's an acre of preserve, and then the rest of it is, basically, on the site, which is 174,000, so... MR. VANASSE: Just to clarify, an acre, plus or minus, of open space buffering and preserve. Preserve is a smaller amount of the total. COMMISSIONER SCHUMACHER: Okay. MR. VANASSE: And, Commissioner Shea, correct, this is total square footage. We're going to have one larger building that's going to be three stories. The other buildings will be one story. That's total square footage. And, again, we've got a market analysis that was done, demonstrates the demand for these facilities. And we do have some slides at the end of the public comment for rebuttal where we show other facilities that are a comparable size in Collier County, and the difference between ours and theirs is that they do it as one large building which really increases the massing and the visual impact, and we've tried to soften that with the design. CHAIRMAN FRYER: Thank you. Ms. Pedron, who's next? MS. PEDRON: Our next speaker is John Dryden, followed by Andrew Blitch. CHAIRMAN FRYER: Thank you. Page 21 of 95 Packet Pg. 25 5.A.a May 18, 2023 And after Mr. Dryden, we'll take our midmorning break. MR. DRYDEN: Good morning, Commissioners, staff, everyone, everyone who showed up as well. My name is John Dryden. I live on 4410 13th Avenue Southwest, and I've lived there since 2010, and I'm a retired public schoolteacher, English teacher. And I'm here to address the -- or speak about the master plan points that I have read through and find quite interesting. As a matter of fact, I find them provocative and influential in terms of maybe how you make your decisions. For example, Objective 1.4 of the master plan adopted on February 14th, 2023, speaks about providing a living environment within Urban Golden Gate Estates, which is aesthetically acceptable and protects the quality of life. Note the words "a living environment." It seems incongruous to the words "commercial zoning." Policy 1.4.1 uses those same words and adds, "Through the enforcement of applicable codes and laws." Note again the word "enforcement." Changing codes that have been in effect for w d decades doesn't seem to me to be enforcement. c Goal 2, to provide for limited commercial services and conditional uses for purposes of serving the rural needs of Golden Gate Estates residents, shortening vehicular trips, and preserving rural character. Many today that will follow me will be speaking about the rural character of Rural Golden Gate Estates. But I would like to take note of three words, "limited commercial services," particularly related to storage facilities. It doesn't seem to go together.00 I did a look on Google Maps, I think it was, yesterday, and on the maps, I typed in "storage v facilities," and this is what I came up with. I hope my numbers are correct. In Collier County, there are eight storage facilities north of Pine Ridge, four south of Pine Ridge to Golden Gate W Parkway, nine south of Golden Gate Parkway to Davis Boulevard, six south of Davis on or near Route 41, there's one on Collier Boulevard south of Route 41, and five on Marco Island, another one on the end of a residential street. Preserving rural character? c Goal 3, to preserve the area's rural character as defined by large wooded lots, the keeping of m livestock, the ability to grow crops, wildlife activity, environmental stewardship, low -residential development, and limitations on commercial and conditional uses. a Note the word "preserve." Here's where a little grammar lesson will come in, if you don't v mind. I am a public schoolteacher, an English teacher, and reading the area master plan, this cUY, particular one, I was struck by a verb tense. For example, Policy 3.2.3 says, rural character shall be 00 further protected by resisting site specific master plan changes that are out of scale or character with a rural quality of Rural Golden Gate Estates. The word "shall" is an interesting helping verb. In conjugations, first person, the "I" and "we" subjects use "shall," but when we are trying to be emphatic or forcible about something, we E �� use the word "will." " For second- and third -person usage, the you" " and the he," she," and" it" z � uses "shall" in order to emphasize something I believe I've got that correct. a Normal, I shall, you will, he, she, and it, and rural character will, for stress, emphasis. I will, you shall, he, she, and it shall. CHAIRMAN FRYER: You have one minute, sir. MR. DRYDEN: I'm just about done here. Policy 3.2.3 uses "shall." 3.3.1 uses "shall." 3.3.3 uses the word "shall," the verb. There are 9,214 words in this, and I did a word search. "Preserve" appears nine times; "preservation," four; • "protect," 12• "rural," 18• "nature," two; "natural," 10 times; "vegetation," 17• "green," 10• > > > > > > > > > > > > "consistent with," 13; "storage," two, for storage of machinery and storage of water; "storage facility," zero. By the way, the word "shall" is used 199 times for emphasis. I want to thank you all for your public service, I really do. It's probably a thankless job a lot of the time, and you probably don't get thanks a lot. But thank you so much, and I hope you make a decision in keeping zoning the same as it is. Page 22 of 95 Packet Pg. 26 May 18, 2023 5.A.a CHAIRMAN FRYER: Thank you, sir. It's 10:28. We'll stand in recess until 10:40. (A brief recess was had from 10:28 a.m. to 10:40 a.m.) MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Ladies and gentlemen, let's return to session, please. Before we continue with public speakers, I've been informed by staff that we have fully 26 people yet to be heard from the public. And, of course, we want everyone to have an opportunity to be heard but under the circumstances, since we do have a very full agenda today, and without objection from the Planning Commission, I'm going to rule that, henceforth, speakers will have -- each speaker will have a total of three minutes, and that way we will give everyone a chance to be heard. And I also strongly suggest that, particularly Ms. Lertch, who spoke so well and had extra time, made a lot of points. If you have something new to say that hasn't already been said by her or the other speakers, please, by all means, we want to hear that, but, otherwise, if you just want to say that you agree with the previous speaker, that -- we take that very seriously, and that will count as if you had gone over all the material again. Having said that, who's our next speaker? MS. PEDRON: Mr. Chairman, our next speaker is Harry Roth. He was called earlier but did not come up. CHAIRMAN FRYER: Okay. And was your last name Ross? MR. ROTH: Roth, R-o-t-h. CHAIRMAN FRYER: R-o-t-h. Thank you, sir. You have three minutes. MR. ROTH: Hello, everybody. My name is Harry Roth. My friends and neighbors all know me as Skip. I live in 4180 13th Avenue Southwest. I'm actually the third house in on the same side as this proposed building. I moved out here a few -- well, six years ago now to have a dream of having a big piece of property and a little farm. I have a couple goats. And I've really grown to love the property. But in the last six years, the traffic has gotten bad. My concern is the significant increase in traffic at the end of our street and on 951 that this building will add. Additionally, you know, the renderings they showed -- facing south and facing north showed a very nice property with lots of green space and very little building to be seen. A building of this size, there's not enough lipstick you can put on it and trees to be able to hide that. Aesthetically, it's not going to be good. This neighborhood is rural. It was always meant to be rural and not commercial, and I feel like we're watching all of this beautiful property be removed and replaced with concrete. To Pat's point about selling the property and keeping it residential, you know, there was a house on 1st Avenue on the same side of the street facing 951. That recently sold for $1.6 million, which was a single, one -family home and two -and -a -half acres. So it is entirely possible that that property could be refurbished, and either that house rebuilt or a new house put on there and have it be profitable for the person that's doing that. That's all I have to say. I agree with what everyone else had to say as well. CHAIRMAN FRYER: Thank you very much, sir. Next speaker, please. MS. PEDRON: Our next speaker is Tom Moss and Lisa Moss. Also, we encourage our speakers to use both podiums. CHAIRMAN FRYER: Good point. Both mics are working. MS. MOSS: Hi. I'm Lisa Moss. Tom Moss, my husband, so go ahead. MR. MOSS: Okay. Yeah. We bought the property and built the house -- CHAIRMAN FRYER: Are you going to do a -- MR. MOSS: A duo? MS. MOSS: I guess. I didn't realize -- Page 23 of 95 Packet Pg. 27 5.A.a May 18, 2023 CHAIRMAN FRYER: All right. Well, we'll give you -- we'll give you five minutes for your duo. Go ahead. MR. MOSS: Okay. Yeah, we bought the property in'98 and built a house in 2002. We first verified the zoning prior to doing both to makes sure that it was going to be kept a residential area. FPL wasn't visible at the time. Since then, two events have occurred due to growth. The FPL substation was one, and now we can see it from 13th Avenue. We have solar panels, but we need FPL more than they need us. So this is an essential need. Then 951 was widened. It's actually harder now to get onto 951 than it was before. Both these events, though, fall into the essential need category. This storage unit does not. The smallest lot size within a three-mile radius is an acre and a quarter, enough room for a storage shed. And then, of course, we're concerned about the family at the end of the -- across the street with the kids. And the bus stop. And, basically, you know, we don't want this project. Thank you. r CHAIRMAN FRYER: Thank you. c MS. ROSS: I wholeheartedly agree with everything all the speakers have said, so I'll just cut it short with that. But my big concern and all of ours is the quality of life. We've chosen to live here -- very unique for a reason. I've lived in gated communities. I think other people have in other towns. And we just love the rural character, the land, nature, birds. It has become such a crowded Collier Boulevard. It takes forever to get onto Collier, and we just don't want to see more change, more00 building. v So we would -- please don't rezone to commercial. We want to keep it beautiful and rural. Thank you very much. CHAIRMAN FRYER: Thank you. Mr. and Mrs. Moss. Next speaker, please. MS. PEDRON: Mr. Chairman, our next speaker is Andrew Blitch, followed by Modelyne Jean -Gillis. m CHAIRMAN FRYER: All right. And, sir, I'll ask you to spell your last name when you get to the mic. MR. BLITCH: Yes, sir. My name is Andrew Blitch, B-1-i-t-c-h. CHAIRMAN FRYER: Thank you. MR. BLITCH: I looked at the official map of the Golden Gate Area Master Plan, and I read the plan in its entirety. There are currently no storage facilities within the boundaries of the Urban Estates or Rural Estates if you look at the map. This would be the only one. There are also no large industrial buildings in the Estates either. The reason those buildings don't currently exist in the Estates is because the Golden Gate Area Master Plan prohibits buildings like them. The Golden Gate Area Master Plan does allow for commercial buildings, but those buildings have to keep with the rural look of the Estates, and the buildings cannot be out of character with the other commercial buildings. This is exactly why storage units and industrial buildings don't currently exist in the Estates. They are out of character with the other commercial buildings, and they are definitely not rural. By allowing this storage unit to be built, it would be the largest building within the Golden Gate Area Master Plan by far and the only storage or industrial -style building in the Estates. By comparison, Publix is about 40,000 square feet. This will be about four times the size of Publix. This would be wildly out of character and very inconsistent with the rural look that the Golden Gate Area Master Plan calls for. This would set a new precedent in the Estates and, if allowed, would open up a Pandora's box allowing for future development of large industrial -style buildings in the Estates. In a letter I submitted, I drew a diagram of the road with the school bus stop. Hopefully all of you saw the diagram I drew. The proposed storage unit would be located at the exact spot where Page 24 of 95 Packet Pg. 28 May 18, 2023 5.A.a the children stand for the bus stop. The bus stop has been located there for more than 30 years. Elementary, middle, high school students all share the same bus stop. School buses stop there six to eight times per day. Children line up at the corner of 13th Avenue and Collier Boulevard and wait for buses. As a former police officer, I responded to hundreds of serious vehicle accidents involving large trucks and semis. Most of those accidents are because the trucks were careless in making their turns. They would hit light poles, stop signs, other cars, and sometimes pedestrians. Regardless of where the driveway ends up being located, whether it's Collier or 13th, the large moving trucks coming into the facility will be either making a wide right turn onto 13th or a U-turn on Collier Boulevard. Under both scenarios, the large moving trucks will encroach the exact spot where the children line up for the school buses. This would cause extreme safety issues for the children standing there. The trucks would come nose to nose with the children who are standing there, and the children are seeing the trucks come right at them. The county's traffic committee noted that there currently isn't enough room for the trucks to make a U-turn on Collier, and they'd have -- and stated that if the driveway were to be on Collier, they'd have to build a bulb -out area so the trucks could make the turn; however, that doesn't make it any safer for the children. The front of the truck would still come face to face with the kids. I brought this up last year at the neighborhood information meeting, and it was on the record; however, no one from the county staff mentioned anything about the issue with the children at the bus stop in their staff report, and the developer didn't make any meaningful changes to address the safety issue after I brought it up. This is not an issue that can be overlooked, and the Golden Gate Area Master Plan clearly prohibits the dangerous traffic issue. Because of the incompatibilities with the Golden Gate Area Master Plan and the safety issues with the children, I would ask that you vote no on this storage facility. One more, if I have time. It was asked what could be built there. Well, two houses could easily be built there but, also, you could put churches, you could put preschools. Any small commercial, C-1 through C-3, which is what you currently see in the Estates, would be compatible. This is C-5 or industrial. I don't know what you call it, but it's -- there is nothing like that in the Estates currently. So anything C-3 and below would be compatible, so that's what could be put there. CHAIRMAN FRYER: Thank you, sir. Next speaker. MS. JEAN-GILLIS: My name is Modelyne. I'm located right at 12815 Collier Boulevard. CHAIRMAN FRYER: Would you spell your last name, please. MS. JEAN-GILLIS: Jean, J-e-a-n, hyphen, G-i-1-1-i-s. CHAIRMAN FRYER: Thank you. MS. JEAN-GILLIS: And I'm located right at 12815 Collier Boulevard, which is right across planning storage. So without the storage, I was a victim, victim when FPL was building. And all the trucks, they back up inside my entrance. So they have to repair, a little bit, the entrance. My mailbox went down many times. I have to fix it. So to let you know, there's no way trucks can be part of our daily living. It's become very difficult to even hear about a storage in front of my house, because I went away from Haiti as a physician to come here to live my life in peace. I have to relearn. I have to go again to go to school to speak English, to be able to accommodate with a new language and go back to school to become a provider again. So for my safety, please listen to us, listen to our neighbor. We want our safety. We bought the house because the property was an in Estates zone, quiet, safe, not debold [sic]. We have children living there, and we have our elderly up to 96 years old. They're walking around. We would like them to be safe walking. We'd like them to keep their independence in Page 25 of 95 Packet Pg. 29 5.A.a May 18, 2023 their own home. Not everyone want to go to an assisted living. We would like them to breathe better in a wonderful environment, which is 13th Avenue. Please listen to our concern. That will be appreciated. Thank you so much. CHAIRMAN FRYER: Thank you very much. Next speaker, please. MS. PEDRON: Our next speaker is Brooke Beardsley, followed by Jennifer Adriaanse. CHAIRMAN FRYER: If you don't mind, ma'am, spelling your last name. MS. BEARDSLEY: Okay, sure. It's -- my last name is Beardsley, B-e-a-r-d-s-l-e-y. CHAIRMAN FRYER: Thank you. MS. BEARDSLEY: Thank you. I have been a resident of Golden Gate Estates. I've worked in the Estates for over 20 years, and it is our home. We are sort of on the front lines of a battlefield where growth is encroaching from the more, you know, urban service centers like Golden Gate City out, and so I feel like we're kind of on the front lines and this -- these sort of storage facilities really don't belong in the Estates. r And, unfortunately, that line needs to be drawn somewhere, and that line is drawn by the Growth c Management Plan for the Golden Gate Estates area. And so I know that the applicant's argument is that we have an FPL substation that is around us. It's certainly not preferred, but there are plenty of instances around Collier County where there are residences next to substations. There are homes that are facing 951 that are selling for over a million dollars. There's vacant land that is selling on 951 with the intention of building a home for over half a million dollars. The Estates is still a beautiful area. This is not a property that has no00 use. N I can appreciate the applicant's presentation to the Board in trying to demonstrate that nobody else would want this property. That house was occupied until fairly recently. I can't remember when the gentleman left that. But to say that it's been unoccupied for years, well, it was a rental. And there are plenty of model home builders out in the Estates that I believe that would happy to put one of their premier homes on that property because of the frontage along a very busy highway. That would be perfect advertising for them. m If not something like that, then, yes, I think we would have to consent to perhaps something that would provide some services to the Estates, not a storage facility where we all have plenty of a room to store items in the workshops or the buildings that we're allowed under the Growth v Management Plan to build. M This land is very important to us. We live an estates lifestyle that is very unique, and w thankfully a lot of other people agree, because our land prices are skyrocketing, but they're not going to skyrocket when the people who enter our street to look at our house for sale see a storage facility. And I think Skip put it quite well, you can put lipstick on a -- but that's not -- that's not what we want. E There's plenty of instances where the landscaping around these developments isn't maintained. I think it's the Sun Gate Center to the south. You can see that. I don't know if you a have had the opportunity to drive by there, but it's a paltry landscaped area. The trees aren't maintained. If they get blown over in the hurricane, they just stay --they get pulled out, and they're gone. So please understand that we have invested our lives and our livelihoods in this area, and we want to fight for it. "Fighting" is a bad word. I just want to say we really feel very passionately, and I hope you guys can respect that. CHAIRMAN FRYER: Thank you very much, Ms. Beardsley. Next speaker, please. MS. LOCKHART: The next speaker is Jennifer Adriaanse. CHAIRMAN FRYER: I'll ask you to spell your last name at the mic as well. Thank you. MS. ADRIAANSE: It's A-d-r-i-a-a-n-s-e. CHAIRMAN FRYER: Thank you. Page 26 of 95 Packet Pg. 30 5.A.a May 18, 2023 MS. ADRIAANSE: Okay. I'm Jennifer Adriaanse, and I live on 1 lth Avenue Southwest. I'm a fifth generation born and raised specifically in Golden Gate Estates, and I've lived here for my whole life of 40 years. The building of the warehouse on the five acres of the 13th Avenue contradicts Objective 2.1, Goal 3, of the Golden Gate Master Plan, which is to preserve the area's rural character as defined by large wooded lots, wildlife activity, environmental stewardship, and limitations on commercial and conditional uses. We currently have an abundance of raccoons, armadillo, birds, rabbits, foxes, coyotes, box turtles, and protected gofer tortoises. All of these animals rely on the wooded acreage for their livelihood. It's been nine years since I last saw a family of black bears, five years since I saw a protected Florida panther, and three years since I saw a family of deer on our street, which is right next to 13th. If you ride your bike in the early morning to the retention pond at Golden Gate Boulevard and Collier Boulevard, some mornings you can still see the deer drinking from that pond. Though d r both areas are located within the Golden Gate Master Plan, there's a noticeable difference between c that location and the proposed location. The location at Golden Gate Boulevard and Collier is surrounded by acreage of land, the large retention pond, which provides for the wildlife and deer, and zero commercial buildings. 4050 13th Avenue Southwest, where the warehouse is zoned residential, there is a commercially zoned neighborhood shopping plaza with multiple outparcels to the north, the FPL station to the south, post office, and the large hospital, which has pushed the wildlife away, and00 there's no longer any existing wooded habitat. These buildings have literally paved paradise and v put up a parking lot, breaking Objective 2.1, Goal 3, of the Golden Gate Master Plan, preservation of wildlife activity, preserving rural character with large wooded lots by allowing these commercial d areas to demolish almost every tree and leaving no room for preserve. The only exception to any preserve with water -- water source is to the north at 13th -- to the north of 13th and located on my street, on 1 lth, and it's a small southwest corner of the Publix shopping plaza. It has a seating area, and frequently there's an eagle that drinks from there. The m major downsides to this preserve area in a commercial setting is evident by the horrendous amount 22 of litter which people throw out their cars as they turn into Publix, the lack of properly landscaping a maintenance, which is done by the neighbors on our street to keep it looking nice, and multiple v sightings of homeless using the area to sleep, which affects the safety the community and the cUY, children at the bus. ao I can guarantee that 13th Avenue will see an uptick in all of these issues as well if the warehouse is built. Per Commissioner LoCastro's report that was emailed out in May regarding District 1, he c said that the Board are continuingto approve steps to ensure the progress, finality, and analysis pp p p g � Y� Y E E which will ensure, going forward, they have established stronger criteria and design for construction much like the Golden Gate Master Plan for District 3 to protect against haphazard construction, a unneeded, unwanted commercial buildings, and give the citizens more say. And there was also a petition in 2019 backed by Castro [sic] because there were already 20 storage units in his district. He said that everybody wants to live a beautiful community, and industrial things are important, but soon it becomes five in a row. And that's what's happening in our area. We have Publix, we have a little row of about seven houses, then we have the proposal site, then we have the FPL, the hospital. So if you take away that home, you've got the five in a row. You've got Publix. You've got the storage. You've got the FPL. You've got the hospital. CHAIRMAN FRYER: Ma'am, you're beyond time. Thank you very much. MS. ADRIAANSE: Oh, sorry. Okay. CHAIRMAN FRYER: Next speaker, please. MS. PEDRON: Our next speaker is Patty Raco-Treamer, followed by Ken Watts. CHAIRMAN FRYER: And spell your name, please. Page 27 of 95 Packet Pg. 31 5.A.a May 18, 2023 MS. RACO-TREAMER: Sure. Good morning. The last name is Raco, R-a-c-o, hyphen Treamer, T-r-e-a-m-e-r. I'm just -- I just want to reiterate, everybody had said something already I agree with. I am, though, the first house next to that FPL substation. I went through everything with FPL, and they still have not really held up on their end of the bargain with the landscaping. They have not kept up with it. After the hurricane, there were several trees down. They were not addressed till about last month. The hurricane was six months ago, almost seven now. So there's things along the way that they did not address, but we did work something out for them to be able to build. They could not do anything until I was able to sign off and give my okay. They needed my signature for some reason because they were going to have to encroach on some of my land and some of my property. I don't want to see this happen. I don't want the extra unit of something that just is an eyesore on the end of our street. They do have some landscaping around. I don't see as much of the FPL, and I don't hear N anything from it. Then, again, I don't hear very well, so there's that. c But I just wanted to say, I just --I am opposed to this on the corner of our street. It is difficult sometimes getting in and out of there, as it is with the traffic on Collier Boulevard. So to add something else that's going to add even a little -- if it's just a little bit more traffic each day, it just eats up the time that we have to get to where we need to do [sic] for our jobs. Thank you. CHAIRMAN FRYER: Thank you very much.00 Next speaker, please. v MS. PEDRON: Our next speaker is Ken Watts, followed by Ralph Roosevelt. MR. WATTS: Hi. My name's Ken Watts. Thirty-three years ago I came down here for a vacation. Went back up north, gave my notice, and moved down here. When I first came down here, I visited with some friends that lived out here in the Estates, and I was like, you know, one day I'm going to live out there. It is really, really nice. It's like where I grew up. Well, 2015, I finally made that a reality, and live on 13th. m I work for a national retailer, and I've dealt with landlords, commercial developers, and the major thing that I've learned is they're magicians. They stretch the truth. They make things look a nicer than they appear. They make false promises, like FPL did with us when they built that place, v and like other things. cUY, They dressed their presentation up. None of the pictures showed where they were looking 00 at the southwest view, that if you just turned this much, you would see a house right across the street. They claim that the closest house to this project is over 600 feet away. We heard from Jean; her house is actually about 75 feet away from this project. They neglected to tell you that next to her house, 75 feet away, is another house. So there are residents right there on the corner E that are affected by this. That's just what they do. And then the architect made that nice picture with all the trees and the little spots where you a can see the building. We all have seen buildings built around here. When does that happen? You're going to see the building. You can't hide it, right? Why do we need this? It is not fit for us. It doesn't work. My son is 12 years old. I take him to the bus stop every day. I don't let him out of my vehicle in fear that he's going to be killed by one of these trucks or a truck that loses control. We say, what else can we put on the property? Yes, we talked about other homes that are selling for millions of dollars that are on there. We ask -- you said, who would pay this? I've been in retail for a long time. First thing that I've learned and that I teach my employees, don't spend other people's money out of your own pocket. We do not know what other people see in value. We don't know that somebody can't -- won't come in there and pay the money and put up a residential home. They're building one that's literally 75 feet off of 951 down near Golden Gate Page 28 of 95 Packet Pg. 32 5.A.a May 18, 2023 Boulevard -- they're asking millions of dollars for it -- and it's under construction. So we can't say no one is going to buy that land to put a residential home. It's fit for two. Thank you for your time. CHAIRMAN FRYER: Thank you, sir. Next speaker. MS. PEDRON: Our next speaker is Ralph Roosevelt, followed by Kathleen Sharpe. (No response.) UNIDENTIFIED SPEAKER: Ralph left. CHAIRMAN FRYER: Okay. Next speaker. MS. PEDRON: Next speaker is Kathleen Sharpe. MS. SHARPE: I'm for Issue 5. MS. PEDRON: I apologize about that. Okay. Our next speaker is Vladan Stojanovic. CHAIRMAN FRYER: Okay. And, sir, if you don't mind spelling your last name for me, please. N MR. STOJANOVIC: Good morning. My last name is Stojanovic, S-t-o j-a-n-o-v-i-c. c CHAIRMAN FRYER: Thank you. MR. STOJANOVIC: I live in 4435 13th Avenue Southwest. I just want to add, first of all, I've been working in the transportation industry since 2008. I just want to add, it is extremely difficult and dangerous to turn big trucks from Collier Boulevard. The traffic is heavy, and the traffic is moving very fast. We heard that our kids are waiting for school bus there, so that will be even more difficult00 for truck drivers to do that. N We know that -- who's using storages? Moving companies. Yeah, they do have professional drivers, but you will have regular drivers who are unfamiliar with rental trucks turning there. I just want to point -- that is -- I'm concerned that safety of the kids there and the residents. Thank you. CHAIRMAN FRYER: Thank you very much. Next speaker. MS. PEDRON: Our next speaker is Shirley Lytwyn, followed by Peter Lytwyn. m MS. LYTWYN: I wasn't sworn in yet. Do I need to be? CHAIRMAN FRYER: Thank you, yeah. Thank you for letting us know, and the court a reporter will take care of that. In fact, anyone else who has registered and plans to speak but has v not been sworn in -- let's get this all done at once -- please raise your right hand. The court reporter M will swear you in. 00 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. E MS. LYTWYN: Okay. I agree with what everyone said before me, but there are some things that were not mentioned, so that's what I'm going to do. a CHAIRMAN FRYER: Thank you. MS. LYTWYN: One time I -- I'm a realtor. One time I had a listing. It was close to a bingo hall. An appraisal was ordered. It came back reduced in value because of the bingo hall. I believe it's called external obsolescence. So this would reduce the value, I believe. There is a lack of housing and land close in. There is only one house on our street on 13th Avenue Southwest active. Land off of Collier Boulevard and Pine Ridge Road have sold to build houses. CRE Commercial Broker, they were the listing agent for this property. I called up there, and they told me the price, 750,000. And if you wanted to make it commercial, you would have to come up with the money to do so. Here's another thing that really upsets me. The ownership of the land, they only listed names. They didn't list who they were, like realtors. But here's one. Peluso, moving and storage. Page 29 of 95 Packet Pg. 33 5.A.a May 18, 2023 They work with United Van Lines, a large mover in the country. Word from the realtors, Pelosi Movers needs more storage. That leads me to believe that's why they want this huge building here, and that was not disclosed. That really upsets me. And that's it. Thank you. CHAIRMAN FRYER: Thank you very much. Mr. Lytwyn? MR. LYTWYN: Good morning, gentlemen. CHAIRMAN FRYER: Good morning, sir. MR. LYTWYN: No spelling of name? CHAIRMAN FRYER: I got it. MR. LYTWYN: Thank you. All I want to tell you, 24 years ago I moved down here and raised a family and finally found the piece of paradise that we're going to retire and live the rest of our days. Well, we retired, and we're living our days, but it's being evaporated as we speak right now. The Estates is a unique piece of property that can't be duplicated. You can't go up to c Orlando and have Walt Disney build you an Estates. It's here. Please, don't do anything that will lose it. Everything -- what everyone else said, I agree with wholeheartedly. If there's any questions, by all means ask, and we'll be glad to answer them for you. CHAIRMAN FRYER: Thank you so much, sir. Next speaker.00 MS. PEDRON: Our next speaker is Mary Tatigian, followed by Cheryl 011ila. v CHAIRMAN FRYER: Ma'am, when you reach the mic, I'll ask you to spell your last name. MS. TATIGIAN: Sure. My last name is Tatigian, T-a-t-i-g-i-a-n. CHAIRMAN FRYER: Thank you. MS. TATIGIAN: My name is -- good morning and thank you. My name is Mary Tatigian. I live at 4360 7th Avenue Southwest. I'm also the president of Quiet Florida, a non-profit community organization fighting the noise which has developed due to growth. One of my points is the Golden Gate Master Plan. That was put in place for a reason, and I'd like us all to follow that to preserve our quality of life. There was no rezoning put in the Golden Gate Master Plan, so I don't know why we're continuing to rezone the Estates away. This is our home. We pay taxes. I've lived here almost 40 years and pay taxes. Where are the rights of the residents? Where are our rights? We just sit idly by while concrete comes up all around us. That's not what we asked for. That's not what we bought into. We bought into the Rural Estates. This is our home. This is our life. There are bus stops all along 951. 951 is now like a racetrack. You can hear modified mufflers and dump trucks constantly. I live a mile off the road, and I can hear it constantly. It's a nightmare. It's a complete racetrack. The speed limit's 45. They go 65. There's children at those stops all the time. It's awful, and it's really a nightmare. Our land, our life, our quality of life is being destroyed right in front of us. This is not what we bought into. None of us are going to be using that storage unit. It's going to bring in people from elsewhere to use it, people that don't live in the Rural Estates and know how we live. How many storage units does a person need? How many does our community need? That's already been discussed. The traffic that this will bring in is dangerous and noisy. Our peace and quiet, again, is being destroyed. There is an organization -- the solution I have, there's an organization called Conservation Collier in Florida that buys lots of land. We could contact them and speak to them about buying that and leaving it as a preserve. Why can't we leave it green? Why can't we? For quality of life, Page 30 of 95 Packet Pg. 34 5.A.a May 18, 2023 air, and noise pollution, would all benefit from being left green. So Conservation Collier, I plan on trying to contact them -- I've contacted them about purchasing other lots of land in Naples -- and to leave it a preserve, leave it a park. There's no reason we have to put concrete up on every blade of grass in Naples, Florida. We live here for a reason, and we want it to stay green. Thank you. CHAIRMAN FRYER: Thank you very much. Next speaker? MS. PEDRON: Our next speaker is Roodelyne Petit-Homme, followed by Michael Adriaanse. He will be an online speaker. CHAIRMAN FRYER: The upcoming speaker is online? MS. PEDRON: Our first speaker is Roodelyne Petit-Homme, and then -- CHAIRMAN FRYER: Oh, thank you. MS. PEDRON: -- Michael will follow. r CHAIRMAN FRYER: Thank you. c And, ma'am, be so kind as to spell your last name for us. MS. PETIT-HOMME: Good morning. My name is Roodelyne Petit-Homme, and it's spelled P-e-t-i-t, hyphen, H-o-m-m-e. CHAIRMAN FRYER: Thank you. MS. PETIT-HOMME: It means little man. Basically, before I say anything, I want to thank you all for what you do. And I know it's a00 heavy burden for you to make a decision on this matter, and I do -- I do hope that you take v everything into consideration. So that being said, I am a homeowner on 13th Street, and I live on 4391. I am one of those parents who have three children attending the public school system, which I take them every morning to the bus stop which is strategically located on 13th and Collier. Now, my concern is that the way the bus stop is and then the children, the traffic, we've already all mentioned that, how it's going to be so heavy. It's already heavy as it is, but it will be m heavier. My other concern is the fact that it is a public -- you want to put a public storage facility, a which is already big and has many units. Now, we will also open a huge Pandora box with the v increase in crime. We have not really talked about that. But there is a possibility of increasing M crime just by having a commercial building such as a storage place where it is, because we cannot 00 limit -- we cannot say it's only for Collier County residents, or we cannot limit and say only such and such people can rent it. We are basically welcoming any type of people to walk in and rent a storage. We don't know them. We don't trust them. We have children. We have elderlies. We have other things E that are more important we can build in that area. Other thing is, we have no control over daily trips. We mentioned the possibility of 26 c° a trips. We don't know that. We also -- there are many articles I read about illegal immigrants living in those storage. They have found ways to live inside the storage building. We have -- we will not have any control on that. So that's a -- the safety issue is huge for me. Other thing is, we did not mention anything -- I haven't heard anything mentioned about the monthly auctions that storage facilities held when tenants do not pay their storage. So we welcome a huge public to come and auction away things. That also increases traffic and also increase, you know, any shady characters to come in and do as they please. Other thing is, storage facilities, yes, they carry that name, but a lot of the time it's more than that. People conduct businesses in storage facilities. There are storage facilities right there on Airport -Pulling where they turned them into stores. Janitors, they rent the space, and every single day, multiple times a day, they have to go get their equipment. So it's not just the traffic. Lawn mowers, you know, people like that, they use it as business facilities. Page 31 of 95 Packet Pg. 35 May 18, 2023 5.A.a Also landlord for this facility, they do have limited liabilities when things happen, because they're just landlords. The law does not enforce self -storage laws. We don't have a lot of laws when it comes to self -storage. The people, the tenants, and what may or may not happen. Regarding the bus stop, one thing I -- last thing I want to mention is the fact that right there between 1 Ith, right before we get to my bus stop for my children, sometimes the parents have to stand in the -- on the street to prevent oncoming traffic while the bus and unbedding [sic] the children to go on, because we -- traffic has become heavier, and then we have residents who do not respect the law, so they keep crossing over. So imagine all that with people -- with trucks and all of that. So that's a big -- that's a huge concern for myself. That being said, I appreciate everything. Please do take it into consideration. I am completely against it. I am a homeowner and live on 13th. I'm a mother. Oh, what can we built? Now -- CHAIRMAN FRYER: You're really over time. Take 15 seconds and tell us what can be built. MS. PETIT-HOMME: We can do -- we can build a church. We can build a daycare system. We can have a little park for our kids. I mean, things like that. I'm not opposed to that, but the storage, definitely opposed to it. Thank you. CHAIRMAN FRYER: Thank you so much. Are we going online now? MS. PEDRON: Yes. Our next online speaker is Michael Adriaanse. CHAIRMAN FRYER: Sir, are you on there? MR. ADRIAANSE: Good morning. I am, indeed. Hope you can hear me. CHAIRMAN FRYER: Yes, we can. You have three minutes. MR. ADRIAANSE: My name is Michael Adriaanse, for the record. Last name spelled A-d-r-i-a-a-n-s-e. A lot of people have mentioned that we are, obviously, deviating from the Golden Gate Area Master Plan, and I want to reiterate that. That is, indeed, what's being presented to you here. It's a great deviation. So we've started a petition online. We have 412 signatures. The Internet's been literally set on fire with people opposing yet another storage facility. Of course, the builder will tell you that, you know, there's a huge demand, but you'll be hard pressed to find a single person who even wants a storage facility. Storage facilities have literally become the joke of any expanding city. They're everywhere, and nobody knows anyone that uses them. We worry about the decrease in property value and increase in crime that storage facilities naturally bring. This particular area has been aesthetically neglected for years. No landscaping. No regard for the amount of power posts. Huge commercial buildings that already exist, and the list goes on. A storage facility on what is today a quiet residential lot is another big middle finger to the Golden Gate Area Master Plan. So, also, the question with was posed, you know, why does it have to be so huge in size? Square footage was mentioned. Because more money can be made, right? More money can be made per square foot on what was once natural habitat or what is today natural habitat for animals. It doesn't have to be this enormous, and we don't want it, period. Thank you. CHAIRMAN FRYER: Thank you very much. Next speaker, please. MS. PEDRON: Our next online speaker is Lauren Odor. CHAIRMAN FRYER: Thank you, ma'am. MS. ODOR: Hi. CHAIRMAN FRYER: Can you spell your name for us? MS. ODOR: Can you hear me? Page 32 of 95 Packet Pg. 36 5.A.a May 18, 2023 CHAIRMAN FRYER: Yeah. Spell your name. MS. ODOR: Okay. Last name O-d-o-r. I also have not been sworn in yet. CHAIRMAN FRYER: Okay. We don't swear in people who are online, so you're excused. But thank you for pointing that out. Please go ahead. MS. ODOR: All right. My name is Lauren Odor. I am a licensed mental health counselor in the State of Florida and a resident of 13th Avenue Southwest. Over the course of my career, I've had the pleasure to work with clients from various socioeconomic backgrounds and, though illegal, I've had several clients live out of their storage units for periods of time. I know that this committee would like to think that it is not common, and certainly the developers of this property would like to say that it is not common, but I have personally known people to live in their storage units. I do not want this sort of structure and potential safety risk at the only exit and entrance of our road where my three young children use the bus stop every day. I would like to encourage this committee to think above politics, think above money, and N think about the actual residents of this community who use the only entrance and exit every single c day and, unequivocally, do not want this structure at the end of our road. Thank you. CHAIRMAN FRYER: Thank you. MS. PEDRON: Our next online speaker is Mary LaGarde. CHAIRMAN FRYER: Ms. LaGarde, are you there? MS. LaGARDE: Hi. Yes, I'm here. CHAIRMAN FRYER: Please proceed.00 MS. LANTZ: Mary LaGarde. I live on 7th Avenue Southwest. My last name is v L-a-G-a-r-d-e. And, once again, I think that this is getting out of control with allowing one development and another development and all these different things happening along Collier Boulevard. Even where I pullout it's a nightmare. I have to wait forever just to make a right-hand turn right out of 7th Avenue Southwest. But I can only imagine how terrible it must be to have the children being at risk at the bus stop. But even more so than that, there are other risks and issues aside from people living in storage units. Such things as people wanting to take out power facilities. That's kind of a new trend that's happening. Recently it happened in North Carolina, and it took people down for several weeks. I think that's a huge concern, because if there's a big concrete structure there, it backs up an abutment where you can secretly go in there and do some criminal activity that would basically be very detrimental to all of Naples, basically, because it's a very important area where the power is coming in. So I strongly oppose this sort of development, and I'm for a nice little park or for another way to keep the area green and reduce traffic and the need for crazy cutouts that don't make sense on the road. I don't care what you say you're going to pay for. When it all comes down to it, it would just look like a concrete structure. And I'm sorry that it has to come to this, but we really do oppose -- our whole Golden Gate area is against this needless, senseless, greedy agenda to come forward to take over and make 200 bucks per unit, whatever, that you gather from your CubeSmart project. Thank you. CHAIRMAN FRYER: Thank you. Next speaker. MS. PEDRON: Mr. Chairman, that concludes our online registered speakers. CHAIRMAN FRYER: Okay. Thank you. One question that has come up and been mentioned -- I'm going to ask either Mr. Bosi or the County Attorney to comment on this -- and it's something that we do not have jurisdiction over. If someone is spending the night in a storage facility, there are remedies, Code Enforcement, but that's not a Planning Commission issue. Could someone say a little more about what residents can do? MR. BOSI: Mike Bosi, Planning and Zoning director. Page 33 of 95 Packet Pg. 37 5.A.a May 18, 2023 And you're correct, Chairman, residential use overnight or at any period of time would be something that would be most certainly an actual item for Code Enforcement to look into. Any residents that would feel that that was happening at any facility -- any storage facility throughout the county would call -- could call Code Enforcement and request an investigation to ensure that -- you know, that there are no residential units -- or no units are being utilized for residential purposes. CHAIRMAN FRYER: Thank you. Another question I have, as long as I have the mic here, the essential services providers such as FPL, when they decide that they want to put a facility in, what rights or authorities do we and the Board of County Commissioners have with respect to the siting of those facilities? MR. BOSI: And that's governed by state statutes. The facility that is to the -- immediately to the west, I believe, was done utilizing the regulatory -- utility regulatory exemption. The site to the south was done through a PUD, was done through the county permitting process. So it varies -- it varies based on what's going onto the site and some of the specifics related to -- pointing back to the statutes. r It's like -- a good example would be as a property owner, you don't have a right to tell the c utility company that you don't want a telephone pole in your front yard. Some of the facilities, though, that are going -- that FPL proposes, like substations, can be required to go through the conditional -use process. We, as the local government that would be requesting that, would just have to make sure that, from a statutory perspective, that there's no exemptions that they could claim, and that's how normally those discussions would go forward.00 CHAIRMAN FRYER: Thank you. Thank you very much. v No one is signaling at this point. So with that, we will go to rebuttal. Mr. Davies or Mr. Vanasse? MR. VANASSE: For the record, Patrick Vanasse. I will pull our PowerPoint back up, if I can. I'd just like to address a few comments that came up. The intent is not to address every single issue. But one of the comments was that we mischaracterized or maybe wrongfully indicated the spacing to adjacent properties. I want to tell you that I personally measured those using Google Earth. Those are accurate. And if I missed something, I'd like someone to show me, but I really don't think I made a mistake. Staff has looked at that, and staff concurs. So when it comes to separation, I think our exhibit that you saw is accurate. Also with regards to mischaracterizing, I want to make sure that everybody understands that we are asking for self -storage. We are not a warehouse. And if we're talking about huge warehouses in this county, I think everybody's heard that there's a Uline warehouse with almost a million square feet. So I'd like to just clarify that issue. We certainly understand that residents have concerns about commercial intrusion in the Estates. We understand that. I'd also like to point out, though, that the Golden Gate Area Master Plan looks at Urban Golden Gate and Rural Golden Gate. In the Urban Golden Gate, there are provisions for commercial. Again, not all commercial is created equally. I'd just like to point out that a convenience store, which I think the master plan would envision in some of the Estates, is a more impactful commercial use than this. It generates more activity, more trips, more noise. And also, again, like I mentioned, a storage facility does have size, and it has to be in the right location and has to have the proper separation, buffering, shielding. As we mentioned, but for the unique circumstances on this property, we wouldn't be here before you. But for the two very, very large substations surrounding us, we wouldn't be here. But for a highway like some of these people have mentioned on the other side of the property, we would not be here. We've tried to address concerns from the neighbors with regards to safety and with regards to the bus stop. And let me touch upon this, if I may. So what we have here as a slide is the area Page 34 of 95 Packet Pg. 38 5.A.a May 18, 2023 in question where the parents drop off and pick up their kids and where there is a bus stop at the corner. We heard what they said. Our request and our preference is still to put the access point on 951. We understand staffs concerns. We understand the policy with regards to access onto 951. In light of that, what we have also submitted to the county, as part of our application packet, is an alternative master plan. And if you look at this master plan, the initial one that we provided had access directly at the corner. We've pushed the access far away from that intersection and from the corner. We provide stabilized subgrade onto the private property, and a bus stop, and we've created a rendering showing what this could look like, and I will get to it in just a second here. So -- sorry about that. Okay. Okay. So this is a little larger here. As you can see -- and I'll get my cursor to work here for me -- this is the corner. We have a covered bus stop that the applicant is willing to build at his expense with gravel parking for parents on his property; also willing to build that at his expense. N This is conceptual in nature. Obviously, we'd have to work with staff to make sure that this meets county requirements and the county's desires with regards to a bus stop and potential parking. c But the applicant is very willing to do this and maybe find a compromise associated with the bus 2 stop and parent pickup and drop-off. c So with that said, I'll let Mr. Davies address other issues. CHAIRMAN FRYER: Thank you. MR. DAVIES: Thank you, Mr. Chairman, Commissioners. A couple final -- 00 CHAIRMAN FRYER: Oh, before you do that, I'm sorry, I neglected to see I've got three v people who want to -- who want to ask. So start with Vice Chairman Schmitt. COMMISSIONER SCHMITT: I have two questions, and I'm not sure -- it's either Noel or Patrick. But describe to me the contracts. Who -- because you heard a statement made, there's a large moving firm that, quote -- the perception was that they intend to use this for long-term storage for moving companies. My understanding with -- these storage facilities are predominantly used by homeowners. m You know, we don't have basements in our houses here in this part of Florida and, of course, there's a lot of residents that store things over the summer as they go back to their northern facilities a somewhere. v But talk to me about the contracts. How does that work, and are there any provisions to cUY, prevent a large company coming in and reserving half the building for storing -- for long-term 00 storage of -- a furniture company putting furniture in storage? MR. DAVIES: Happy to address that. Thank you, Commissioner Schmitt. So I believe there was a reference to one of the natural persons that has an interest in the current fee simple owner, the property having some relationship with a moving company. That is E not my client. That's not the developer. That is the current owner of the property. It's 4050 13th Ave, LLC, is the owner of the property where this owner of that company was mentioned. a There's no relationship with that entity other than a contractual one to purchase the property and pursue this development. You know, I would defer to staff about restrictions to make sure this is not a moving warehouse or something. That's not the intent. The intent is to have it to be a traditional self -storage facility, to your point, Commissioner, that is used by homeowners. This is not to be used by -- for conducting business. COMMISSIONER SCHMITT: Yeah. MR. DAVIES: To the extent that, you know, additional restrictions need to be placed on the approval that, you know, confirms that, I think that's agreeable on our end, but I do think that's covered based on the proposed PUD and GMPA language that limits the square footage use, trip cap, et cetera. CHAIRMAN FRYER: Would you entertain a restriction that you would do business Page 35 of 95 Packet Pg. 39 5.A.a May 18, 2023 exclusively with consumers as opposed to subcontracting? MR. DAVIES: When you say "subcontracting," what do you mean, Mr. Chairman? CHAIRMAN FRYER: Subcontracting to United Van Lines. COMMISSIONER SCHMITT: I'll give you an example. My military service, I have a -- or somebody works for Department of State or whomever, and they'd have a three-year overseas assignment, and typically the government pays for storage. And normally you go through United or whomever that they hire, and it's done in a large warehouse. I don't want to see United, or you name the other type of firms, that come in and purchase 30 units because they need facilities for long-term storage. First of all, I don't think it's -- it would be suitable because if things are going to be put in storage for two or three years, there's very strict criteria that the government uses for storage facilities. I don't think this would even meet the requirement. MR. DAVIES: And I just confirmed with my client there's no issue with that. CHAIRMAN FRYER: Okay. You'd do business exclusively with consumers? r MR. DAVIES: (Nods head.) c COMMISSIONER SCHMITT: A second question I have is the management of the facility. Yes, I do understand. We've had comments about people living in and businesses being run out of the storage facilities. This is -- there's no intent for this to be business condos. MR. DAVIES: No. COMMISSIONER SCHMITT: And the management of the facility has to preclude that. We can write that into any type of restriction as well.00 But I'm concerned about the comments that are made about living facilities. Who's on site v to manage the facility? Is there a 24/7 operation, or is there some kind of caretaker who manages this facility to ensure that we don't have -- whether it's vagrants or other people residing in these W storage units? MR. DAVIES: Thank you, Commissioner. It's not a 24/7 facility. COMMISSIONER SCHMITT: Okay. c MR. DAVIES: It's fully gated, and there is keycard access, and there's also on -site security. m COMMISSIONER SCHMITT: Okay. Explain to me on -site security, then. What does that mean; 24/7 on -site security or 9:00 to 5:00, or what's the intent? a MR. DAVIES: My client's told from me 9:30 to 6:00 there are managers on site. v COMMISSIONER SCHMITT: So somebody's there at least -- M MR. DAVIES: A person, right, to ensure the security of the facility. 00 COMMISSIONER SCHMITT: Right. MR. DAVIES: It's not, you know, remote managed or something like that. COMMISSIONER SCHMITT: But in that case, somehow there's someone that would -- at some time during the day, they -- unless somebody's, you know, packing up at 5:00 in the morning E and coming back in at midnight -- but there are measures to ensure that, number one, there's not businesses being run out of this and, two, that it's not being used as a residential facility? a MR. DAVIES: Absolutely. COMMISSIONER SCHMITT: Okay. COMMISSIONER SHEA: But somebody can come in when there's nobody there. They have 24-hour access, right? MR. DAVIES: There's no -- (Simultaneous crosstalk.) COMMISSIONER SHEA: So they can come in when it's attended? MR. DAVIES: Commissioner, there's no 24-hour access, and access is limited to 10:00 P.M. COMMISSIONER SHEA: Okay. Thank you. CHAIRMAN FRYER: Would you -- would you, then, agree to another condition to use reasonable business efforts to prevent the operation of businesses or residential activity at the Page 36 of 95 Packet Pg. 40 May 18, 2023 5.A.a facility? COMMISSIONER SCHMITT: Commissioner, I think the zoning already prohibits that. CHAIRMAN FRYER: Yeah. COMMISSIONER SCHMITT: That's clearly -- that's clearly prohibited by the UIC code. It's inherent in the code, so it's just superfluous, but we can certainly put it in. CHAIRMAN FRYER: I'm just doing belt and suspenders. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Is that okay? COMMISSIONER SCHMITT: Yeah. Belt and suspenders, like that. MR. DAVIES: Belt -and -suspenders approach. There's no objection. CHAIRMAN FRYER: Okay. Thank you. Thank you. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: Yes. I'd just like to say that, you know, I think that we're kind of getting into an area that I don't feel comfortable with. You know, if -- we're either going to approve the use or not, and getting into micromanaging the business practices of someone who is, you know, an approved use, I just feel like we're deviating from what -- you know, what we should be about. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Thank you. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. Three quick points. Last one will be to staff, but for these two, in your illustrations, you, at least in the one actually that's being displayed now, have your brand name, CubeSmart, being visible from the residential street. Would you consider not having any brand named -- should this project go through, would you consider not having any brand names visible on a residential street? MR. DAVIES: No, I don't believe that that's possible. CubeSmart is the intended operator. COMMISSIONER SPARRAZZA: Correct. MR. DAVIES: Right. We're the developer of the facility -- or my client is the developer of the facility. My client's not CubeSmart. You know, the signs will be fully compliant with the county's sign regulations, which are -- you know, which are -- which govern the SDP process after zoning. But, no, we would not be agreeable to that as a condition of the zoning. COMMISSIONER SPARRAZZA: Okay. MS. ASHTON-CICKO: If this is a franchised company, then there are Florida Statutes that prevent us from regulating their brand. So not allowing the signage would fall within that category. CHAIRMAN FRYER: Thank you. COMMISSIONER SPARRAZZA: Thanks for the education. Appreciate that. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: He had two more. COMMISSIONER SPARRAZZA: Two more quick -- CHAIRMAN FRYER: Oh, sorry. Go right ahead. COMMISSIONER SPARRAZZA: Thank you, sir. There's a grave concern regarding the safety of the community's children at this corner, and I don't think anyone would ever consider anything that would possibly harm our young residents. Is there a way to consider modifying your hours of operations at least for the morning bus stop hour program? I don't know if that's from 7:00 till the last bus picks up at 8:15 or something like that. But if this is to go through, it sounds as if there needs to be a give-and-take between changing this from a zoned E Estates to a C-5 that would have to literally be give-and-take from the community and the developer. Page 37 of 95 Packet Pg. 41 5.A.a May 18, 2023 MR. DAVIES: So a couple comments. Thank you, Commissioner. With respect to a give-and-take, I think we've been -- the client's been significantly accommodating, especially with respect to the access and safety. It's been very important to my client throughout the entire process. It's the impetus for the submittal -- or the re -submittal for access on 951 only. And as you see in front of you, an additional accommodation has been made to the extent that the discretion of this board is to go with staff with access on 13th. My client is committing to provide parking at his expense on his property and to accommodate the bus stop. I'm being told by my client that the opening hours where it's manned by staff is 9:30 a.m., but beyond that, I think it's a -- it's very logistically challenging to try to put stoppages on the hours of operation of the business. We certainly want to accommodate the safety issues. And I'd agree with you, but I don't see how that's going to work, frankly. COMMISSIONER SPARRAZZA: Okay. Thank you. But I thought I heard that hours of operation were specifically set, I believe, 6:00 a.m. to 10:00 p.m. At 10:01 or 22:01 hours, your keycard would not work; is that correct? N MR. DAVIES: Yes, that's correct. My understanding -- c COMMISSIONER SPARRAZZA: Okay. So you could make your keycard not work until 08:15 on school days. You could do that. MR. DAVIES: In theory, I don't disagree with you, but, no, that's -- COMMISSIONER SPARRAZZA: That's all I want to know. And my third question -- which I'm thinking all of us here actually need to hear from staff. And, gentlemen, I certainly don't mean to put you on the spot, but what is the final outcome decision00 or discussion regarding access to this property? Is it going to be pushed through only if the access v is on 13th Avenue? CHAIRMAN FRYER: We're going to -- we're going to make a motion, and we're going to determine what we recommend. COMMISSIONER SPARRAZZA: We -- CHAIRMAN FRYER: When it comes to the motion, we'll see what passes. COMMISSIONER SPARRAZZA: All right. Then I apologize. For clarification, can m you please tell me, staff -- it has been a little confusing -- what is your recommendation? MR. BOSI: Staff s recommendation is access is off of 13th Avenue. If the Planning a Commission and the Board recommend access off of 951, there's conditions that are contained v within the recommendation that would be addressing -- that are addressed within the staff report. M COMMISSIONER SPARRAZZA: That have to be followed in order for that to take place, 00 including -- COMMISSIONER SCHMITT: Just to clarify, Commissioner, the -- there is an access restriction that the Board would have to lift. c MR. BOSI: Yes. E COMMISSIONER SCHMITT: That's a board -directed restriction, which was briefed. COMMISSIONER SPARRAZZA: The CBB [sic] has to list it? a COMMISSIONER SCHMITT: That the Board of County Commissioners have to agree to -- if we make a directive, then the Board -- it would be part of the zoning petition going before the Board. Then they would, then, have to agree also to remove the restriction that they have placed on for -- the restrictions of Collier -- off of Collier Boulevard. COMMISSIONER SPARRAZZA: Thank you. I appreciate it. Thanks for your time. CHAIRMAN FRYER: Commissioner Schumacher. COMMISSIONER SCHUMACHER: My question is actually of Ms. Lockhart. Is there any concern within the school district on this? MS. LOCKHART: We have evaluated it and discussed it with our transportation staff and also county staff. There are -- we have no jurisdiction in order to tell them to make this improvement or that. We could. But unless it's a hazardous walking condition and we work with county to come up with a situation -- a resolution, then we have no -- we have no, you know, Page 38 of 95 Packet Pg. 42 5.A.a May 18, 2023 concern about a particular bus stop. There are bus stops around the county that are in the same situation where they have existing commercial or even industrial zoning where school buses are picking up children. Where I have an issue is -- or a concern is that the bus stop will be pulling in, there are going to be -- there's a sidewalk there at the same place where they'll be turning in. In other places that I've seen, particularly the one on 1 lth, the bus stop is on the south side. There's a residential. They're not turning into where the bus stop is. They're turning right into the Publix, and Publix also has three entrances. They're on a corner of two major arterials. They do have -- they do have a lot of trip -- a lot more trips than a storage facility would have, grant you, but they do have it, and that bus stop is located where there is a residential and not where there would be multiple turning movements. That's where I have a concern and would have questions of transportation staff, so... CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: I may have missed this, does your client own the land, or does c he have a contingent offer upon getting -- CHAIRMAN FRYER: Contract purchaser. MR. DAVIES: He's the contract purchaser of the land. COMMISSIONER SHEA: He is. So all those "but fors," I guess I look at that and say, but you knew FPL was there when you bought it, or you planned on buying it. So I don't -- that list a "but fors" that you had, the big "but" is you knew that was there when you were buying it. So the00 "but fors" is kind of a -- it seems like if we make the change, it benefits you, but it doesn't benefit v anybody else. CHAIRMAN FRYER: If we don't make the change, they can walk from the contract. COMMISSIONER SHEA: Sure. That's okay. COMMISSIONER KLUCIK: Mr. Chairman. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Yes. So as to the exception that the Board of County Commissioners would need to make, that would be a one-off exception, not a total change for everybody -- a CHAIRMAN FRYER: It would be up to the Board. v COMMISSIONER KLUCIK: -- is that correct? M CHAIRMAN FRYER: Up to the Board. 00 (Simultaneous crosstalk.) COMMISSIONER KLUCIK: Right. So, essentially, there's no difference. You know, to the County Commissioner, there's really no difference. They're either going to approve it or not approve it, and in order to approve it, that means approving whatever exception is necessary. So I E guess I'm just trying to think that through. That's really --if the Board of County Commissioners wants to approve it on Collier Boulevard instead of on the 13th, that's their prerogative regardless of a what we do. CHAIRMAN FRYER: Well, yes. The Board has plenary authority either to change the policy wholesale, which would cause it, then, to be changed for everyone, or to make an exception to the policy for this applicant. COMMISSIONER SCHMITT: Right. COMMISSIONER KLUCIK: Right. And then as to the use of the land, I'm just trying to figure out, you know, the -- we've heard a lot about, you know, what -- you know, what should be done or what could be done with the land. You know, you have a piece of land, and it has trees on it now, but like everything else, you know, the trees, you know, will be cut at some point for something. I'm just trying to figure out what other use there is. This is about as mild as a use as you could come up with, I think, you know, as far as a commercial enterprise, as far as, you know, very Page 39 of 95 Packet Pg. 43 5.A.a May 18, 2023 limited traffic. You know, we're hearing a lot about concerns with traffic, but, you know, just -- it seems like it's, you know, imagining the worse possible situation, and I don't think that's the track record of storage facilities. We happen to have a CubeSmart, you know, about a mile from my own home, and it's very inobtrusive. As a matter of fact, it's across the lake, a very small little pond, from a place that my daughter, you know, has been living, and there was, you know, no -- you didn't even know it was there, you know. It -- literally, it was 50 yards away, maybe, right across the lake with a direct view. And the signage was also very inobtrusive. So I'm just trying to figure out, you know, of the uses -- you know, right now, what else could it be used for, and what other exceptions would be reasonable? I don't think anybody is going to want live there, but, you know, it's certainly our prerogative as well to make a recommendation based on our assumption or our reasonable thinking about whether or not, you know, it makes sense that the highest and best use for that particular lot is -- you know, is still residential, and I don't think that -- I think that's a hard sell to say the highest and best use would be to just keep it residential. I w d think that would be kind of silly to make that argument. c CHAIRMAN FRYER: In order to stay on topic, and with leave from Commissioner Sparrazza, who really is next, I think the Vice Chairman wants to reply, so we'll go to him first. COMMISSIONER SCHMITT: Yeah. In regards to any other use, it was mentioned a church. It would take a conditional use or rezoning -- MR. BELLOWS: (Nods head.) COMMISSIONER SCHMITT: -- to put a church there, and a church would be far more of00 an impact than the storage facility, traffic and otherwise. Ln v If it were going to be commercial, it would still have to go through a rezoning, probably a Comp Plan amendment and a rezoning for commercial. d And there was also a discussion about Conservation Collier buying it. I could tell you, having run that program as part of my responsibility when I was the administrator in Community Development, that this would not even fall in the criteria for a purchase by Conservation Collier. Conservation Collier was not set up to purchase property to prevent development. It was for m preservation of property identified as highly desirable for conservation. And I know we have folks from staff that can talk about Conservation Collier, but this would probably be very low in any type a of an attempt to purchase -- spend money. But that's a Board of County Commissioners decision, v because they're the final decision -makers on purchasing property for Conservation Collier as well. M CHAIRMAN FRYER: Thank you. 00 Commissioner Sparrazza. COMMISSIONER SPARRAZZA: A quick question for Ms. Lockhart. Should this go through or with a recommendation from CCPC, is there any consideration to move the bus stop a couple hundred meters to the west in front of FPL where there's really no traffic contingencies E should the egress to the storage facility be at the property on 13th; in other words, just move it down? c� a MS. LOCKHART: I understand. On 13th itself? COMMISSIONER SPARRAZZA: Yes, ma'am. MS. LOCKHART: It would be very hard -- just as it would be for trucks, it would be very hard for the bus to go down there and turn around. That's -- right, that would be the problem. And the transportation, I don't think, would be willing to do that unless there was some kind of accommodation where there's a turnaround at the end of the street or something along those lines. COMMISSIONER SPARRAZZA: I apologize. I thought the bus currently came onto 13th. MS. LOCKHART: It did not -- it does not. COMMISSIONER SPARRAZZA: Oh, it stays on Collier at -- and stops at the -- I apologize. MS. LOCKHART: It has to go beyond the street, so it has to go -- so the bus -- Page 40 of 95 Packet Pg. 44 May 18, 2023 5.A.a (Simultaneous crosstalk.) MS. LOCKHART: -- so cars are not pulling out while it's stopped, so it has to go beyond the street where it's picking up children. So that is the only location for that school bus stop for those -- I think there's about 19 children that are eligible to walk. COMMISSIONER SCHMITT: So it's southbound. The bus is picking up -- MS. LOCKHART: Southbound. COMMISSIONER SCHMITT: -- heading southbound. MS. LOCKHART: Yes. COMMISSIONER SCHMITT: It's not northbound where they're crossing the street to get on the bus. MS. LOCKHART: Right. And buses do not make U-turns, so -- yes. COMMISSIONER SPARRAZZA: Thank you. Sorry for the confusion. MS. LOCKHART: No problem. CHAIRMAN FRYER: Thank you. Mr. Davies, you're still on rebuttal. MR. DAVIES: Thank you. A number of comments to rebut public comment, if I may, Mr. Chairman. CHAIRMAN FRYER: Go ahead. MR. DAVIES: There was comments about the size of the facility. It's not the biggest facility in Collier County, so that's a false statement. More importantly, the size of the improvements on any project, it's not reviewed in a vacuum. It's reviewed within the context of the size of the subject parcel and the type of the use. All square footage is not treated equal. It's looked at from an intensity perspective, and certainly your staff can give you additional guidance on that. This is a low -intensity, low trip -generation use. And as mentioned, and as you've heard from staff, they're recommending approval. Regarding too much self -storage in the county, there is significant demand for self -storage at this specific site. You've heard evidence and testimony supporting that statement. We do have -- we have provided a market study from an expert economist that supports the demand at this site. County staff s reviewed that and is in agreement with the findings set forth in that study. Regarding communications with neighbors, again, we've had two neighborhood meetings -- two neighborhood information meetings. We have answered any questions we've received, provided all contact information, had additional meetings beyond the neighborhood informational meetings with anyone who has asked. We have provided all documentation to them, including updated renderings and including revising our petitions to request the access on Collier Boulevard in response to their request. You're also looking at the revision if, in your discretion, you'd like access to be on 13th. The additional parking is being provided on my client's property along with the bus stop. Regarding clients with and consistency with the Growth Management Plan and the county codes, from a legal perspective, we are consistent. We submitted all the required documentation. We meet the subject legal criteria. Your staff has reviewed and verified all of that and has also determined that we're consistent with your Growth Management Plan compatible with the surrounding land uses as required by your Land Development Code. Mr. Vanasse made a very important comment in his remarks, which is that we certainly wouldn't be here if it wasn't for the Florida Power & Light stations. The power stations have rendered the property unusable for residential. This is the lowest impact commercial use, and for that reason and all of the reasons, evidence, testimony in the record and presented today that meet the subject legal criteria, we're requesting, respectfully, that you recommend approval of both petitions to the Board of County Commissioners. Thank you, Mr. Chairman. CHAIRMAN FRYER: Thank you very much. COMMISSIONER KLUCIK: Mr. Chairman? Page 41 of 95 Packet Pg. 45 5.A.a May 18, 2023 CHAIRMAN FRYER: Yes, go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: Yes. Is it -- and I would like to make a motion, but it -- unless you think it's premature. CHAIRMAN FRYER: Well, premature in the sense that I first want to close public comment, so that's done. COMMISSIONER KLUCIK: Yes, it is premature. CHAIRMAN FRYER: Okay. Public comment -- the public comment segment of this hearing is now closed. Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: Mr. Chairman -- yes, I'd like to go ahead and move that we approve these two petitions with the entrance/access being on the 13th in accordance with staffs recommendation. CHAIRMAN FRYER: All right. COMMISSIONER SCHMITT: Can I amend that? r CHAIRMAN FRYER: There's a motion to amend. Go ahead, sir. c COMMISSIONER SCHMITT: With the notes that you've made there, if you could read those, because there were two stipulations. One had to do with the -- CHAIRMAN FRYER: Got them. COMMISSIONER SCHMITT: If you could read them. I started taking notes, but I knew you were doing them as well. CHAIRMAN FRYER: That's all right. The first would be that the owner would do00 business exclusively with consumers, and the second is, this is a belt and suspenders but, v nonetheless, I think it calls attention to the importance of the issue, that reasonable business efforts would be undertaken to prevent any business or residential activity from taking place on the site. W COMMISSIONER SCHMITT: And I'll add a third, that the -- COMMISSIONER KLUCIK: Mr. Chairman? COMMISSIONER SCHMITT: -- petitioner work with the county to finalize the siting of both the pull -off parking area, which you are proposing, and as well as the bus stop that your client m is proposing to construct. It would be in accordance with the Site Development Plan review procedure in regards to the bus stop, and I would assume it would be in concert with our typical bus a stop design within the county. v MS. ASHTON-CICKO: May I read in a rough draft of what the text would read? M COMMISSIONER SCHMITT: Yes, great. 00 MS. ASHTON-CICKO: Owner will construct and maintain a bus stop, for children, with gravel parking at its sole expense at time of SDP, and located outside of the right-of-way. COMMISSIONER SCHMITT: And that gravel parking would be on the owner's property. MS. ASHTON-CICKO: Outside of the right-of-way, yeah. E COMMISSIONER SCHMITT: Outside the right-of-way and with the maintenance responsibility of the owner. a MS. ASHTON-CICKO: Correct. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: So that's a motion to amend. COMMISSIONER SCHMITT: Yes, motion to amend. CHAIRMAN FRYER: Is there a second to the motion to amend? I'll second it. Any further discussion on the motion to amend? COMMISSIONER SCHUMACHER: I want to — not on the motion to amend. COMMISSIONER SHEA: Do we have any discussion at all or -- COMMISSIONER SCHMITT: Do you want to open -- COMMISSIONER SCHUMACHER: Discussion. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Right now, before we vote, the motion to amend is before us. Page 42 of 95 Packet Pg. 46 May 18, 2023 5.A.a Then we're going to go to the substantive motion, either amended or not. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, Commssioner Klucik. COMMISSIONER KLUCIK: Is the applicant -- how does the applicant feel about that bus stop thing that we just added? MR. DAVIES: We have no objection to that, Commssioner Klucik. COMMISSIONER KLUCIK: Great. Thank you. CHAIRMAN FRYER: So what we have before us -- and I'll state it, and then we'll call for more discussion. This is at the motion to amend. It's not the substantive motion yet. It's -- as the Vice Chairman stated it, it's a joint motion, both the GMP and the PUD, and it is to accept the recommendation of staff with access on 13th doing business exclusively with consumers and reasonable business efforts to prevent business or residential activities on the site and the pull -off parking and bus stop on the gravel as the County Attorney read it. So any further discussion on the motion to amend? N (No response.) c CHAIRMAN FRYER: All right. If not, I'll entertain a -- we'll have a vote on the motion to amend. All those in favor, please say aye. Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: (No verbal response.) COMMISSIONER SPARRAZZA: (No verbal response.) 00 CHAIRMAN FRYER: Opposed? v COMMISSIONER SCHUMACHER: Aye. COMMISSIONER SHEA: Aye. W CHAIRMAN FRYER: All right. It passes, 4 to -- well -- COMMISSIONER KLUCIK: I approve the amendment. COMMISSIONER SPARRAZZA: Excuse me. Is this a vote for the amend? CHAIRMAN FRYER: Yeah, this is to amend the main motion. This is not a vote on the m main motion. 22 COMMISSIONER SCHMITT: This is not a vote on the motion. This is just to amend it a so we can open for discussion. COMMISSIONER SHEA: Okay. I support that amendment. COMMISSIONER SPARRAZZA: I support. CHAIRMAN FRYER: All right. I'm going to call this again just so that I'm sure. All those in favor of the motion to amend, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? COMMISSIONER SCHUMACHER: Aye. COMMISSIONER KLUCIK: Aye (delayed). CHAIRMAN FRYER: All right. It sounds like it passes 4-2. COMMISSIONER SCHMITT: Was that your delayed of yes or no? COMMISSIONER KLUCIK: My -- I approve the amendment. CHAIRMAN FRYER: Okay. So it's 5-1. Thank you very much. Okay. Now we come to the main motion, as amended. And it would be appropriate for us to have discussion on it. And so we'll open it up for discussion. Commissioner Shea, you're signaling. COMMISSIONER SHEA: Yes. Over the years, the county spends a lot of money and time on developing Growth Management Plans. And we try as -- our job here is to maintain that Page 43 of 95 Packet Pg. 47 5.A.a May 18, 2023 Growth Management Plan. That's my philosophy, unless there's some overpowering reason, and that reason is, is there a major benefit to the county that might overcome or outweigh the impact on the local community? Personally, I don't see that here. I don't see why we would vote for this. The benefit goes totally to the practitioner who knew what he was getting into when he thought about this land. I don't see why we should change what we spent years and a lot of money and time to develop of how we want to develop. So I would not support the petition with any amendments. CHAIRMAN FRYER: Thank you. Commissioner Schumacher. COMMISSIONER SCHUMACHER: This doesn't fit anything in this plan, in this Growth Management Plan. There is nothing on any one of these streets on 951 that resembles this. There's nothing on any of these streets on 951 that will create this type of interaction into a residential street. We could site Publix all we want, but that is a benefit to the community. This has no benefit. There is no benefit here at all. w d r I understand FPL built a substation there. That is not this committee's job to help find a c reason to make this land marketable for somebody to purchase. In fact, we've heard in from all these residents today. I could only imagine the type of construction that's going to go on when there's kids standing at this bus stop, and they're accessing it off of 13th. It's not a good fit for this community or for this area of town. CHAIRMAN FRYER: Thank you. COMMISSIONER SCHUMACHER: I'm completely opposed.00 CHAIRMAN FRYER: Vice Chairman. N COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Vice Chairman, and then Mr. -- Commissioner Sparrazza, and then Commissioner Klucik. COMMISSIONER SCHMITT: I just want to comment to both of my colleagues that, of course, the law and the LDC allows for the petitioner to come in for a Growth Management Plan amendment. So I just want you to understand that they have the right to do that. COMMISSIONER SHEA: Yep, and we're allowed to reject it. 22 COMMISSIONER SCHMITT: And you're allowed to object, yes. So it's just a a matter -- so the public knows that there's nothing unusual about this. They have a right to come in v and ask for an amendment to the GMP and, subsequent to that amendment, an amendment to the M Land Development Code to allow for the development, but -- so I just want to make sure you 00 understand that. COMMISSIONER SHEA: Thank you. u� COMMISSIONER SCHMITT: Thanks. c CHAIRMAN FRYER: Commissioner Sparrazza. COMMISSIONER SPARRAZZA: I've had the pleasure of being on this board now for nine months, and one of the first things that a fellow commissioner told me -- Commissioner Shea said, if it doesn't feel right, don't do it. And I'm sorry to say this doesn't feel right. I can't vote for this. CHAIRMAN FRYER: All right. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. I would just say that I would be very hesitant to say that there's no benefit because there -- I'm sure there are many people that live in Golden Gate Estates that will actually use this storage facility. Obviously, the ones that, you know, don't feel passionately -- no, I don't think anyone feels passionately about the need to have storage near by. The people we heard from are people that, you know, it's going to impact more directly, and they feel in a negative way, and so that's who we heard from. The lack of comments of people who would like to use this, I think, is -- you know, that doesn't mean anything. We often don't hear from, you know, the people that are going to benefit because they don't feel the need to come to a hearing. Page 44 of 95 Packet Pg. 48 5.A.a May 18, 2023 I would say that I don't think if -- I think that actually is an abuse of our position to base our vote on our feelings. We are sitting quasi judicially -- we are sitting quasi judicially, and feelings are absolutely wrong. I'm a conservative. I'm a strict constructionist. I believe in a judiciary that should never vote based on their feelings. This is a matter that's before us and whether or not criteria have been met. Now, you might have a good argument, and I would urge any of my fellow commissioners who are going to vote against this, you really need to base your vote on, you know, something that has legal substance. Your feelings -- my feelings have no legal substance or no basis for me to vote. And that's fine. That's just clarifying that -- our lawful role in this, and that's not my opinion. I think -- I guess I would ask the attorney to back me up on that, whether or not I'm accurate in saying that we actually have to have a legal basis for our vote for or against; is that correct? MS. ASHTON-CICKO: Well, you have two petitions before you today. One is a Growth Management Plan amendment, and that standard is a fairly debatable standard, which I translate into that is a reasonable basis for voting approval or not. The second petition is a PUD, which is subject N to the quasi-judicial standards and has less flexibility as far as -- c COMMISSIONER KLUCIK: And when it's quasi-judicial, am I right in saying that we actually have to have -- be able to defend our vote whether for or against on criteria that are not just our feelings? MS. ASHTON-CICKO: Correct. For quasi-judicial proceedings, your decision and vote needs -- or recommendation needs to be based on substantial competent evidence. So that's going to be on the evidence that's presented to you at the hearing.00 COMMISSIONER SPARRAZZA: If I may comment, with all due respect, fellow v commissioner, when I said "feelings," that was a term. What I meant was this doesn't set right with me with the presentation that has been given, with the GMP, and all of the testimony and documents that have been shown. When I said "feelings," I apologize if I misspoke thinking it was, quote, an emotional statement. I was trying to imply everything put together, not only legally, but how I'm trying to justify my vote or reaction towards this petitioner. CHAIRMAN FRYER: Thank you. m Vice Chairman. COMMISSIONER KLUCIK: And thank you, Commissioner. I appreciate -- a (Simultaneous crosstalk.) v CHAIRMAN FRYER: Well, let's go in line. Let's go in line. And we're going to -- M (Simultaneous crosstalk.) ao COMMISSIONER KLUCIK: Well, he was responding to me, so I'm going to respond. 1 appreciate that. And I would say that, yeah, that my intent -- and I was very clear. I just want to have all of us be able to be on record appropriately. And it wasn't really a criticism as to what your feelings are. It's a criticism to -- a constructive criticism to make sure that what's on E record is supportable and doesn't subject us to problems down the road as to how we came to our recommendation, and I appreciate very much that you elaborated and that it isn't just feelings. a CHAIRMAN FRYER: Vice Chairman Schmitt, and then Commissioner Shea. COMMISSIONER SCHMITT: Yeah. I just say -- recommend that the commissioners who vote against this, just for ease of staff in preparing the staff report to go to the Board of County Commissioners, something as simple as you find it not in compliance with the Golden Gate Area Master Plan -- COMMISSIONER SHEA: Exactly. COMMISSIONER SCHMITT: -- and you state that as a matter of record, and that would be so noted going before the Board. That is a substantial justification in itself to recommend denial. I just want to bring up, I am going to vote for this. I'm going to vote for it because it's either this or another commercial use. This property in no way -- I don't see anybody spending over a million dollars or more to build a home on this property surrounded by a substation. Now, you -all may disagree, and I would say, then, you know, you have the opportunity to purchase the property as Page 45 of 95 Packet Pg. 49 5.A.a May 18, 2023 well. But it is going to be some type of commercial development. And if it's not this, which is a very low -intense use, it is going to be a bank, a gas station, or a church. And it could be -- it's a wonderful site for a church, and the church will have to come in for a conditional use because it has to comply with the Golden Gate Area Master Plan, and that's an option. So that's most likely what we're talking about. If this is not CubeSmart or a storage facility, it is going to be some other type of commercial use, because I don't see anybody spending well over a million dollars for a home at this site surrounded by two power stations and 60-foot, 70-foot poles. How tall are they? So I am -- I believe it, from the standpoint of what's being proposed, is the least intrusive and probably, from a traffic perspective, the best use of this site. So I'm going to vote yes for it. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: I just had to respond, like Commissioner Sparrazza. My N emotion -- mine was not emotion. Mine was based strictly -- as Commissioner Schmitt said, based c on noncompliance and not having sufficient benefit to the local community or even to the overall community. One thing that he said that -- I don't believe the burden of proof is for me to justify why I'm voting against somebody asking for a change. It's -- burden of proof is why should we change it? What's the benefit? So the -- I get the feeling that -- and I don't want to precipitate a dialogue, but it probably will -- that we have to grant these unless we have a good reason not to. I think that's BS.00 I think we don't have to grant it, if we choose not to, in our role. I don't know if he's saying v we have a legal right to do that. I don't think it's our role either -- comment on Joe's -- to worry about what the market -- the market will have to decide what happens out there, and whatever W happens will have to come back here if it's not consistent with the plan, and that's why we have a plan. So I wouldn't take the position of supposing what was going to happen and making a decision now in anticipation of what I believe could happen. m So I just -- I'm very simple. I stick to the plan. I think there's no reason to change the plan 22 here. There's no benefit to the community of significance, and I continue to reinforce my position a against it. v CHAIRMAN FRYER: Thank you. No one else is signaling at this time. M COMMISSIONER KLUCIK: Mr. Chairman? ao CHAIRMAN FRYER: Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: Right. Yeah. No, I'll just repeat that when --for any -- anytime we're voting quasi judicially, we actually do have to have a legal basis for our decision. And so when I said that, you know, we have to have a legal basis, I'm not saying that you E have to have a burden of proof. You just have to base your decision on some lawful reason that actually passes muster, and that actually is a duty that we have. It's not something that we can get a around. We don't talk about it very much, but it's an obligation that we have. And I would say that I just very much agree with everything that the Vice Chairman has stated. MS. ASHTON-CICKO: Also, we do hear the petitions together to save time, but the GMP petition goes first for your recommendation, and if that fails, then you don't even get to the PUD because you will not have GMP consistency. So just to make sure, you know, we're all clear on the process. CHAIRMAN FRYER: Is there a motion to bifurcate? COMMISSIONER SCHMITT: Yes. It would have to bifurcate based on what I project to be the results of this. But if it comes back as a 3-3 vote, then it -- we probably would have to vote again on the PUD, correct? COMMISSIONER SHEA: Let's separate them. COMMISSIONER SCHMITT: We would then have to vote -- Page 46 of 95 Packet Pg. 50 May 18, 2023 5.A.a MS. ASHTON-CICKO: Yes, we'll do the vote on both -- (Simultaneous crosstalk.) COMMISSIONER SCHMITT: So we'll vote on the GMP amendment first. MS. ASHTON-CICKO: Correct. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: So you're moving to bifurcate. COMMISSIONER SCHMITT: Bifurcate, yes. CHAIRMAN FRYER: All right. Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN FRYER: Any further discussion on whether we bifurcate? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. r COMMISSIONER SCHMITT: Aye. c COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously.00 So we will vote on these separately, and the Growth Management Plan will be voted upon Ln N. first. COMMISSIONER SCHUMACHER: I make a motion to deny. CHAIRMAN FRYER: Yeah. Hang on one second. COMMISSIONER SCHMITT: Well, we still have a motion on the floor for approval. COMMISSIONER SHEA: Yeah, we need to hear from commissioners. COMMISSIONER SCHMITT: Yeah, we still have a motion on the floor, yeah. CHAIRMAN FRYER: Okay. COMMISSIONER SCHMITT: So you have to call the question. CHAIRMAN FRYER: Yeah. I am very, very conflicted over this, and that's frequently -- frequently where I find myself. I see myself, whenever reasonably possible, to be a champion for the homeowners, and I have given very, very serious consideration to the points they've raised. The main -- the main thing that is driving me, though, to vote yes is the action of Florida Power & Light and the fact that they got that land and, for all intents and purposes, that land became, essentially, unusable for most other uses. And taking that fact along with the fact that self -storage is a very low -impact use, it's going to have a very low impact on Collier Boulevard, it's going to have a low impact on the neighborhood, and it will be a quiet location if, eventually, it gets approved. But having said all of that, I'm still -- I'm very -- I'm very conflicted over this but, with reluctance, I'm going to vote in favor. Anybody else want to be heard? (No response.) CHAIRMAN FRYER: All right. So we're voting on the GMPA first. All those -- and I'm going to -- I'm going to call the roll just so that we get this done in this fashion. All those -- so the motion is to approve the small-scale Growth Management Plan amendment. And I'm not sure if the conditions -- the three conditions go into that or go into the PUDA, but let's assume that those conditions go into both for the sake of -- for the sake of this voting. All right. So, Commissioner Schumacher, how do you vote? Page 47 of 95 Packet Pg. 51 May 18, 2023 5.A.a COMMISSIONER SCHUMACHER: Nay. CHAIRMAN FRYER: Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Nay. CHAIRMAN FRYER: Commissioner Shea? COMMISSIONER SHEA: Nay. CHAIRMAN FRYER: Commissioner Klucik? COMMISSIONER KLUCIK: Aye. CHAIRMAN FRYER: Vice Chair? COMMISSIONER SCHMITT: Aye. CHAIRMAN FRYER: And the Chairman votes aye. So it -- we have failed to arrive at a recommendation for the Board of County Commissioners. A 3-3 vote is a tie that is tantamount to no recommendation at all. And in the judgment of the Chairman, based upon what I've heard, I do not -- I do not believe there is fertile ground for any other kind of a motion to pass at this juncture. And if anybody believes otherwise, N I'd like to hear it, but -- c COMMISSIONER SHEA: Relative to the GMP? CHAIRMAN FRYER: Relative to the -- yeah, relative to the GMP. So, therefore, we make no recommendation on the GMP. Now, having said that -- and I'm going to turn to the County Attorney. What are our responsibilities on the PUD? MS. ASHTON-CICKO: I think I would go ahead and make the vote. The00 recommendation would be the same 3-3 with the three conditions. c"'•� CHAIRMAN FRYER: Okay. That sounds reasonable. COMMISSIONER SCHMITT: I'd make that motion as stipulated, the same motion that W was forwarded for the GMP, subject to the -- subject to the three amendments that we stated on the record. CHAIRMAN FRYER: Is there a second? COMMISSIONER SHEA: I second. If I was voting yes, I would want those amendments. m CHAIRMAN FRYER: Okay. All right? Further discussion? a (No response.) v CHAIRMAN FRYER: If not -- and the vote is on the PUDA, or PUDZ rather, M all -- starting with Commissioner Schumacher, how do you vote, sir? w COMMISSIONER SCHUMACHER: Nay. CHAIRMAN FRYER: Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Nay. CHAIRMAN FRYER: Commissioner Shea? E COMMISSIONER SHEA: Nay. CHAIRMAN FRYER: Commissioner Klucik? a COMMISSIONER KLUCIK: Aye. CHAIRMAN FRYER: Vice Chairman? COMMISSIONER SCHMITT: Aye. CHAIRMAN FRYER: And the Chairman votes aye. So we have -- we've certainly delved deeply into the subject. My apologies to all concerned that we were unable to reach a definitive recommendation to go on to the Board of County Commissioners, but you can rest assured that the Board will give it its full consideration, as we did. COMMISSIONER SCHMITT: Can I make a comment? CHAIRMAN FRYER: Yes, please. Go ahead. COMMISSIONER SCHMITT: For those who came and gave us your input, thank you very much. I would encourage you to attend the Board of County Commissioner meeting because Page 48 of 95 Packet Pg. 52 5.A.a May 18, 2023 this is going to -- they're going to be faced with the same decision. So we are basically an advisory body forwarding to the Board of County Commissioners. As you've heard, it's a split decision, so this is going to fall squarely on the Board to, basically, weigh all the same facts and input that we heard today. Thank you. CHAIRMAN FRYER: And they won't be able to punt on it either. COMMISSIONER SCHMITT: No, they will not be able to punt on it. They get paid; we don't. CHAIRMAN FRYER: Thank you very much, applicant. Thank you, members of the public. Thank you, staff. Thank you, Planning Commission. It's 24 minutes after 12. I am going to recommend that we go to lunch for 36 minutes, rather than anyone longer. Does anyone object to that? COMMISSIONER SCHMITT: Three hours and 23 -- COMMISSIONER KLUCIK: Mr. Chairman? COMMISSIONER SCHMITT: Robb's on. r COMMISSIONER KLUCIK: Mr. Chairman? c CHAIRMAN FRYER: Yes, sir. COMMISSIONER KLUCIK: Yes. I will not be able to make the latter portion of our meeting going forward. CHAIRMAN FRYER: All right, sir. Well, thank you for your participation at this point. Without objection, then, we stand in recess for lunch until 1:00 p.m. (Commissioner Klucik is absent for the remainder of the meeting.) 00 (A luncheon recess was had from 12:24 p.m. to 1:00 p.m.) v MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. W ***Next on our agenda is PL20210001496. It is the Town of Big Cypress renaming and Stewardship Receiving Area amendment. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the m truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) a CHAIRMAN FRYER: Thank you. v Disclosures starting with Ms. Lockhart, please. cUY, MS. LOCKHART: Text materials only. 00 COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Thank you. Let's see. Matters of public record, meetings with county staff, and also county management, communications with applicant's agents. COMMISSIONER SCHMITT: Communications with the applicant, Patrick, and as well as E Mr. Yovanovich. COMMISSIONER SPARRAZZA: Staff materials and conversation with Mr. Yovanovich. c° a COMMISSIONER SCHUMACHER: Staff materials only. CHAIRMAN FRYER: And Mr. Klucik, I believe, is no longer with us. COMMISSIONER SHEA: Correct. CHAIRMAN FRYER: Well, with us, but not with us. COMMISSIONER SCHMITT: Are you saying the last petition just knocked him right off? COMMISSIONER SPARRAZZA: Took him out. COMMISSIONER SCHMITT: Took him out. CHAIRMAN FRYER: Mr. Yovanovich, please go ahead. MR. YOVANOVICH: Good afternoon. For the record, Rich Yovanovich on behalf of the petitioner. I'm going to kind of go over what our presentation outline is going to be, and then we'll get started. I'm going to do a brief introduction of the team and the project as well as discuss briefly the Page 49 of 95 Packet Pg. 53 5.A.a May 18, 2023 petition and the staff recommendation. And then for those of you who are new, a couple of you, I'll go over the RLSA program and kind of how we got to where we are today with this conversion of a town, and then Mr. Mulhere will take you through in detail how the petition meets all the required criteria in both the Growth Management Plan and the Land Development Code. Heather will be here to do a brief presentation on the NRI amendment scores related to this town SRA. Mr. Trebilcock will go over the transportation analysis that we did. Lucy's going to discuss the fiscal neutrality, and then I'll do a brief summary. And if you'll bear with us, hopefully in our presentation we'll answer hopefully 100 percent of your questions, but hopefully more than 90 percent of the questions as we go through the process. With me is Pat Utter, who is the senior vice president of real estate. He's to my left. And I don't think Christian or Valerie are here. UNIDENTIFIED SPEAKER: Valerie is online. MR. YOVANOVICH: Okay. Valerie Pike is on Zoom, and she's the director of real N estate. c The consultant team is myself, Bob Mulhere; Dom Amico is our engineer; Ken Passarella and Heather Samborski are our environmental consultants; Norm Trebilcock is our transportation consultant; and Lucy Gallo is our economic assessment/fiscal neutrality person. The town -- and what this is is this is a conversion of an existing Longwater Village to a town, and it consists of 1,544.46 acres. It's within the Rural Lands Stewardship Area Overlay. It is the largest SRA designation permitted in the RLSA program. You briefly talked about this when00 we did the amendment to Ave Maria a couple of meetings ago, but it is -- it is a town SRA v designation. The benefit of a town is it provides -- all the SRAs provide a diversity of residential. But d we've provided diversity of residential. We required more commercial, which gives more economic S business opportunities. You'll see in this petition we have two business parks. We're required to have civic uses, and we're required to have an affordable housing component of a town. Basically, the RLSA program, other than you can have -- you're required to do affordable m housing in the Rural Fringe Mixed -Use District towns -- which you haven't seen one yet -- or village. I'm sorry, you haven't seen one yet. It's the only required inclusionary affordable housing a concept we have in Collier County. v And as it's been previously discussed, there's a tremendous economic benefit to having M affordable housing within the town. There's a tremendous economic benefit to be in a town in the 00 first place, because we now have business parks which provide the opportunity for employers to come relocate to this area, much like what happened in the Town of Ave Maria with Arthrex. So the whole concept of the program was to make towns and villages self-sufficient so that you basically stay where you are. You don't have to drive west into the urban area. And that is E what we're proposing to do with this project. And Bob will take you through how we deal with pedestrian/bicycle circulation in our pathway system as we go through this project. c° a The property itself is outlined in yellow. This area right here and here is the existing Rivergrass Village, which we'll talk about a little bit when I talk a little bit more about the town agreement that's in place. And this is Hyde Park Village that is also approved as part of this SRA designation process. But the yellow area is what we're here to talk about today with regard to the town of Big Cypress. From a historical standpoint of how we got to where we are, in 2020, the County Commission approved Rivergrass Village. I just showed you where that is. It was approved and ultimately challenged and -- but we're winding our way through that litigation with Rivergrass Village. Initially, we had a concept of coming in with a town. It was the Town of Rural Land West. And as we were going through that process, it just became too financially burdensome to go through with the town that we were proposing, so we broke the town up into three villages. Page 50 of 95 Packet Pg. 54 5.A.a May 18, 2023 In 2021, we came forward with Longwater Village, and we came forward with Bellmar Village. As part of the approval of those two villages, there was also approved a town agreement with the idea that we would convert Longwater Village to a town. And in that town agreement, we agreed to analyze, from a traffic standpoint and a fiscal neutrality standpoint, Rivergrass, Bellmar, Longwater Village, plus the new lands that was going to comprise the town. So there's an agreement in place for how we're supposed to proceed today and how the application before you today was to be drafted and presented to you through this process. We also are providing a community park based upon 200 square feet for not only just the town portion, which is what you would be required to do, we're also doing it for Rivergrass and Bellmar. So you have a community park as part of this process that will be a county community park. We also agreed that although Rivergrass, Bellmar, and Longwater were all approved on the basis of consuming eight credits per acre, to amend that and go to the new standard of 10 credits per acre. N r So we're spending more credits to designate this town and to address Rivergrass and c Longwater as part of this process. So by using more credits, there will be less credits available to designate other lands as part of the RLSA process. c We agreed to three wildlife crossings, and we'll show you where those are; we agreed to bear -proof trash cans; and we agreed to provide two school sites, one of which will be in the town and one which will be near by the town, and we'll show you that in our presentation. What you see on your screen right now is the roughly 544 acres we're adding to the existing00 Longwater Village to designate the town. The red areas are what we're adding. So we're adding v this area up here, which is being designated as a business park. We're adding this area right here, which contains business park, town core, affordable housing tracts as part of this, and we're adding -- I just lost the cursor -- we're adding this area right here as part of this process. So you'll see, basically, this business park and this business park, we believe, will provide employment opportunities not only for those in the town, but for people who live in Golden Gate Estates, which is one of the reasons this process was established in your Land Development Code m and your Growth Management Plan in the first place. The existing zoning is -- Bob will touch on this as well -- is ag with a mobile home overlay. a It's also zoned Rural Lands Stewardship Area Overlay in the Land Development Code. And what v does that mean? It means we already have the zoning on the property. So unlike what you did in M your prior hearings and you've done on other hearings, you're not rezoning the property, so it's not a 00 supermajority vote requirement. You're designating these properties as a Stewardship Receiving I Area, which is different than rezoning the property, different criteria, and it only requires a simple majority approval by the Board of County Commissioners since it's a designation and not a rezone of the property. E I don't want to spend too much time on what the Town of Big Cypress is. It's -- these are the lands that we're adding, and this is basically directly from the town agreement as to how we've a added those lands and what they apply to as part of this designation process. We're using, as credits, credits from SSAs 14, 15, and 17. And, basically, the way the program works is you take lands that are a little bit more environmentally important, setting them aside in Stewardship Sending Areas, you get credits; that's your currency. You take those credits, and then you go and you designate lands that I'll show you on a map that are pink that are designated as open, and that's where development is to occur. And that's another one of the nice economic benefits to the county of this program is that these lands are being set aside, development rights are being taken away from them and being taken care of and maintained by the property owner and not by any of the taxpayers in Collier County. So that's another economic incentive that's within the program as we go through and designate these lands either as an SSA or as an SRA. We are required to do a minimum of over 750,000 square feet of commercial and up to Page 51 of 95 Packet Pg. 55 5.A.a May 18, 2023 almost 1,400,000 square feet of commercial as part of this process. Again, it's for these towns to be self-sufficient that provide employment opportunities and services to those who are living in these towns. It was always contemplated that you may need a few villages to comprise a town, and that's where we are. We have two villages, and the town interconnected in close proximity, and that is the benefit of the town. And as you will hear, another benefit of the town concept is internal capture with transportation and the reduction in trips on the roads and less impact on transportation infrastructure and other -- other benefits associated with these types of projects. You touched on it briefly at the end of the meeting on Ave Maria when the question became why are towns capped at 5,000 acres. Should we talk about maybe getting rid of that cap, because you recognize that there's a tremendous benefit as you add to the town as far as services and benefits to the community overall, as well as the environment. Your staff is recommending approval. We are in agreement with the staff recommendations. And I will briefly discuss in a moment a minor change that we need to make N that I talked briefly to Mr. Bosi about. c The program, as I mentioned, was -- it's a voluntary program. The idea is to develop in the pink areas, which are less environmentally important, and preserve or set aside other areas that do have environmental value as part of the program. Our specific piece of property, as you can see, is in the open area where development is to occur and where SRAs are to be designated. So we're consistent with the Growth Management Plan. The program itself was adopted in the -- oh, was it 2001, Bob?00 MR. MULHERE: Uh-huh. Ln N MR. YOVANOVICH: I get confused. But about 2001. It was based upon scientific data. �, There was a lot of analysis that was done with regard to environmental -related issues and, basically, d we're developing in areas that are impacted farm areas that are out east. S There's a very detailed formula that goes into place for evaluating the properties as to environmental areas that need to be set aside either as an SRA -- and if you have a score of greater than 1.2 in your town area, that has to be set aside as well, which we are doing. I've already mentioned that we're redeeming the credits at 10 credits per acre, which was a recent change to the Growth Management Plan, and we have voluntarily agreed to retroactively a apply that to both Rivergrass and Longwater, and I've mentioned where we're getting the credits v U from. So far, under the program, there have been roughly almost 9,400 acres of SRAs designated. 00 This does not include the roughly 900 acres that recently came to the Planning Commission for Ave Maria, because we haven't gotten approval yet from the Board of County Commissioners. And there have been approved SSAs of over 50,000 acres as part of this process. Generally, it's about a 3-to-1 ratio when all is said and done with the amount of land that E will be set aside for SSAs and the maximum amount of land that can be designated as SRA under the Growth Management Plan. Q COMMISSIONER SHEA: Those are approved SRA -- MR. YOVANOVICH: These are the approved. COMMISSIONER SHEA: -- SSAs, not necessarily been utilized as credits yet, right? MR. YOVANOVICH: Correct. And there will be more SSAs coming through the process. But, no, that's why it wouldn't be right to say it's a 5-to-1 ratio. COMMISSIONER SHEA: It's more like a 3-to-1. MR. YOVANOVICH: That's why I said it's going to --the practical, it will be a 3-to-1 at the end of the day. This is -- these are the requirements that are so forth in the Growth Management Plan for towns. Minimum is 1,500 acres; maximum is 5,000 acres. Your density has to be between one to four dwelling units per acre. You have to have a diversity of housing types, which we do. We have multifamily attached, we have single-family and single-family attached to provide for that Page 52 of 95 Packet Pg. 56 5.A.a May 18, 2023 diversity. We have to have goods and services at 170 square feet per unit, which we do. We're getting water and wastewater service from the Collier County Water/Sewer District. There's -- the conditions were modifications to interlocal agreements with the Collier County Water/Sewer District, the developer, and the Big Cypress Stewardship District. We have to provide community parks at 200 square feet per dwelling unit, we have to provide civic at 15 feet per dwelling unit, and then we have to have our interconnected transportation requirements that Bob will take you through in greater detail. I'm going to turn it over to Bob in a minute, but as you will see as we go through this presentation, we meet all the requirements under the Growth Management Plan; we meet all the requirements under the Land Development Code. This is quasi-judicial. And we are going to ask you at the end to forward to the Board of County Commissioners this petition with a recommendation of approval. One housekeeping addition we need to make, and it's to the -- the affordable housing commitment that's in the SRA. The town agreement and the Bellmar Village are very clear that the w d Bellmar Village requirement to provide affordable housing acreage was going to be in a nearby c piece of property. That nearby piece of property is within this town. So we just want to clarify under that condition where it talks about the 88 acres, that that satisfies both the town affordable housing requirements as well as the Bellmar Village affordable housing requirements. I haven't had a chance to talk to Heidi yet about the exact wording for that, but I have talked to Mr. Bosi about making sure we clarify that so that there's no ambiguity between the Bellmar00 Village commitment and the town agreement commitment as well as the town. v That's a general overview of the program, general overview of the project. If you have any questions of me now, that's fine. Otherwise, I'll turn it over to Bob to take you through a little bit more detailed presentation of our master plan and our plan. And with that, I'll turn it over unless you have questions. CHAIRMAN FRYER: Thank you. Vice Chairman. COMMISSIONER SCHMITT: Are you going to cover the township agreement now, or is m that towards the end? MR. YOVANOVICH: The town agreement? a COMMISSIONER SCHMITT: Yeah, just so we all understand. v MR. YOVANOVICH: Well -- and maybe I went too fast. M COMMISSIONER SCHMITT: Yeah. 00 MR. YOVANOVICH: When we got Bellmar and Longwater approved, there was a town agreement that was also on that agenda, and in that town agreement it set forth everything we had to c do. c COMMISSIONER SCHMITT: And I'm looking at it. MR. YOVANOVICH: Right. We had to do a fiscal analysis based upon Rivergrass, Bellmar, Longwater, and the additional lands to establish fiscal neutrality. In that agreement, it specifically said we had to use the same methodology for determining fiscal neutrality that we had used in Longwater, Bellmar, and Rivergrass in the past, which had also been used at Hyde Park. COMMISSIONER SCHMITT: And that was an agreement between -- MR. YOVANOVICH: The county -- COMMISSIONER SCHMITT: -- and the developer? MR. YOVANOVICH: -- and the developer. COMMISSIONER SCHMITT: That's all. I wanted to make sure that was on the record. MR. YOVANOVICH: And with all --that's why we're 100 percent consistent with that agreement. So there were -- the parameters of the review kind of were established ahead of time. It was very clear as we were going through this process and broke the three -- the original town up into three villages that really nobody wanted that to be the end result of three villages. Everybody really Page 53 of 95 Packet Pg. 57 5.A.a May 18, 2023 thought the town was the best option, and we wanted to get back to the town concept. And that's why we had the town agreement, and that's why we set forth ahead of time what we were going to add, how we were going to add it, and how we were going to analyze it. COMMISSIONER SCHMITT: Okay. Thank you. MR. YOVANOVICH: With that, I'll turn it over to Bob. MR. MULHERE: Get your brownie. MR. YOVANOVICH: You know, you didn't have to out me. MR. MULHERE: Thank you, Rich. For the record, Bob Mulhere with Hole Montes here on behalf of the applicant. Some of what I say I think will be a little bit repetitive, but I don't know that that hurts too much. I know several of you were not around 22 or 23 years ago in your present capacity when -- a lifetime ago when I was working for Collier County and was involved in the development of this program. And it is -- it is fairly complicated. There's a lot of acronyms used, and so please feel free to ask any questions. N So what you have on the screen before you shows the outline and basically addresses the c size which Rich mentioned is about 1,550 acres, plus or minus. We do have four acres that score on the National Resource Index, and that is a very complicated set of criteria that is reviewed -- was reviewed 20-something years ago and then is reviewed again as these applications come through, and Heather can speak to that in more detail. The acronym that's used is NRI, Natural Resource Index. If you have any land in your proposed SRA that scores above that baseline of 1.2 -- if you score 1.2 or higher, you have00 significant ecological value. If you're lower than that, you don't. So even in the pink area that's v open for development, if you have a couple of acres or three or four acres or five acres that score higher than that, you are to retain those, we did have four acres, and those are being retained. d Other factors that are considered, are there any acres that fall within the State of Florida Area of Critical State Concern. We don't have any acres within the proposed town. Are any of the acres designated as an FSA? FSA is an acronym that stands for a Flowway Stewardship Area, and we don't have any of those within the proposed town. Also, WRA, which is a Water Retention Area. When this program was evaluated, there were Water Retention Areas that existed in this agricultural area. Those were mapped. We don't a have any of those within the actual town SRA. We do have some near by or adjacent to us. v So the lands to the north, east, and south are zoned agricultural with a mobile home overlay, M that's the underlying zoning, and they're also within the RLSA. And some of them are -- have been 00 designated as stewardship -- Stewardship Sending Areas, and they happen to be within SSA No. 17, which kind of is all the way around the town. Lands to the west will abut future Big Cypress Parkway, which is right here, and c there's -- that will be a future arterial roadway running north and south. E All of the lands within the proposed SRA, really all of the lands with a few acres of exception, have been in agricultural -- active agricultural production for many years. a So this shows the master plan for the Town of Big Cypress. Within an SRA designation, a village or a town, there are sub -geographic areas that are defined within the Comp Plan, and those are called context zones. And in a village, you have two required context zones, and in a town, you have three, as a minimum. You can have more. And, in fact, we do have more. And we have neighborhood general, which is primarily a residential context zone, and that you can see -- I don't think this thing -- is these areas here, here, up in here, that are -- is kind of a yellow color. So that's primarily residential. We also have the town core, which is the most intense area context zone, which is right here. And then there's the town center, which is right here. And then we have created two other context zones based on our land plan. One is for the affordable housing, which is located in two different areas north and south of the town core, and then the business park context zone, which is located here, right south of the town core, and then Page 54 of 95 Packet Pg. 58 5.A.a May 18, 2023 there is business park on the north side of Oil Well Road. We have a minimum and maximum in terms of dwelling units. The minimum being 2,427. The maximum being 4,432. That's within the range that's established in the Comp Plan of one to four dwelling units per acre. And so ours is between 1.57 and 2.87 dwelling units per acre, consistent with the LDC provision, consistent with the GMP. We are required to include a variety of housing types, and we have minimums to ensure that that happens, and those minimums are, as Rich mentioned, 10 percent single-family detached, 10 percent single-family attached, and then multifamily, which the county defines as three or more units attached, also a minimum of 10 percent of that, which provides for consistency -- a measurable way to demonstrate consistency with the Land Development Code with respect to that diversity of housing. The town center, the town core, and the business park, collectively, will have a minimum of 753,440 square feet of nonresidential, commercial, business park land uses, and a maximum of just under 1,400,000. as r We also are required -- and there are mathematical formulas for these -- to provide a c minimum of 66,480 square feet and a maximum of 86,000 square feet of civic, governmental, and institution uses. Now, just real quickly, you can think, well, what is the benefit of that? Well, the benefit of that is you are providing employment. You are reducing trips by providing these other types of uses that residents within the town, within the near by villages, and within the surrounding area can use rather than driving miles to the west.00 We're required to provide affordable housing, as Rich indicated. It's an inclusive v requirement. We are providing 88.2 acres. That's required to be entitled at a minimum --at 10 units per acre, and so we are providing for 882 units on the two affordable housing -- collectively on the two affordable housing sites. We do have community parks, which total 45.45 acres. We have a 25-foot landscape buffer adjacent to Oil Well, right up in here, and adjacent to Big Cypress and Oil Well Grade Road, which is up here. m I mentioned the school sites. Again, there's a school site right here. I'll get to that on another slide, because there's another school site which is actually north of the proposed town. a So utilities will be served by -- the master utilities will be served by Collier County Water v and Sewer District, and we have a draft agreement that will move forward with this application for M the town that establishes the parameters of the county's ability to serve. 00 Along the eastern boundary, as I mentioned, there's not a WRA, a Water Retention Area, within the town, but -- and this has been used on other similar SRAs. There is a lake system, a perimeter lake system, which includes some WRA. That functions for stormwater. It has a -- it has a stormwater retention and quality -- water -quality function, but it also acts as a deterrent to E wildlife crossing the lake system and coming into us -- it's not like they won't do it, but it is a deterrent -- and crossing into the residential areas. So it's been designed for a dual purpose. a We have a trip cap of 5,464 weekday p.m. peak -hour total adjusted two-way trips. When Norm gets up, he can talk a little bit about some of the other transportation -related matters. The report that Lucy Gallo prepared -- and she will also speak to the details -- was reviewed by staff and by a third -party reviewer, and it has been found to demonstrate fiscal neutrality. It also follows the methodology, as Rich indicated, that we were required to use under the town agreement of including the town as well as the villages of Rivergrass and Bellmar. So when we get to those context zones that I mentioned, the neighborhood general is the largest of the context zones, and you can --you can just see that by looking at the plan. Those are the residential components. That's a little larger than 1,200 acres. There was a small commercial area that previously existed within Longwater right there on Oil Well that provides for goods and services and civic uses. There is a --just under 28-acre elementary school tract right here. Page 55 of 95 Packet Pg. 59 5.A.a May 18, 2023 5.3 acres for the utility site. Assuming that the county will need that, it's available. There are parks and amenity centers and open space. There's an interconnected street pattern with sidewalks with a multiuse pathway and a walkable streetscape to support multimodal, pedestrian -oriented environment. I have some other exhibits that will show that in a little bit greater detail. The town center, which is right here, is about 21 acres, and that provides a wide range of uses: Daily goods and services, community uses, civic, cultural, entertainment uses. Within the town center, buildings are to be positioned near the right-of-way with wider sidewalks, shaded with street trees and architectural elements. So like an arcade, for example. The town core, which is right here -- by the way, I didn't mention that there is this internal roadway that runs north and south, and in another exhibit, I'll show you how we connect to the other villages. But this is kind of important, because it keeps traffic who -- which is, you know, coming from the residential areas or the villages to access the town center, the town core, or traffic from the affordable housing sites or from the school site. They can access all of these internal opportunities w d for them without impacting Big Cypress Parkway. c The business park, as I mentioned, there's two business part context zones. One is located right here, and the other one is up here. And I think those are important, because if we are fortunate c enough to attract some business park type uses, it will create employment and other very beneficial elements out there such as was the case with -- I think the example Rich used was Arthrex in Ave Maria. I mentioned the affordable housing already. I showed you those two sites. Again, already00 entitled for 882 dwelling units. And it's close to the school site, the elementary school site, and to v the commercial uses, so it's located in a great location. Yes. W COMMISSIONER SHEA: What does that mean, 882 dwelling units in terms of level of incomes you're targeting, or is that too soon to ask that? MR. MULHERE: It's 100 percent or below. COMMISSIONER SHEA: One hundred. Not 120, but it's 100 and below. Okay, thank you. MR. MULHERE: Good thing we had that discussion just a few minutes ago. COMMISSIONER SHEA: You knew I was going to ask. MR. MULHERE: Yes. Let's see. I think I already switched. So the RLSA program, when it was created -- and it is an award -winning program. It is very unique. In fact, the state actually adopted some statutes to implement this program in other rural areas of the state. And it's required to utilize innovative planning techniques, and it actually, by and of itself, by implementing the standards that are in the RLSA, it is already an innovative program. So, you know, if you look at the second bullet there, it's required to be compact. Well, you have to remember that the base density out here -- this is a voluntary program. The base density out there is allowed one unit per five acres. And if you were to take -- to build 3,550 units, that would consume 17,750 acres, and you would have no real environmental benefit, because you would be creating a checkerboard or piecemeal breakup of the system out there; whereas, this highly values the ecological areas at no cost to the taxpayers and creates a compact mixed -use development, beneficial for so many reasons. So we're providing commercial goods and services in Eastern Collier. We have a spine road here that connects -- and I'll show you on another slide -- to Rivergrass and to Bellmar. That spine road has bike lanes and also has a 10-foot-wide multiuse path on it, so it functions as a -- really, an extra linear park. The highest density will be in the town core with reduced density along the edge of town. I didn't mention that the town core may be mixed use. It allows residential uses, so... We talked about the perimeter water buffer, neighborhood parks. Over 46 percent open Page 56 of 95 Packet Pg. 60 5.A.a May 18, 2023 space, which exceeds the requirement. There will be a program to educate residents regarding living with wildlife and also potentially prescribed burns. If you were to look at a much wider picture, you'd see we really have a lot of ag and rural areas particularly to the east, Golden Gate to the west -- Golden Gate Estates to the west, to the east, and there are some conservation areas that do utilize prescribed burns, and so we'll educate folks with respect to that. Significant reduction in water uses compared to the ag use that's already there. People don't realize that the ag actually consumes considerably more water but, then again, we all have to eat, so... Again, central water and sewer in Rural Eastern Collier County. It's a mixed -use project. This is a little better exhibit of the connectivity. You can see the town is highlighted in the kind of whitish -tan, excuse me, dashed line that shows right along here. If you look at the red line, it shows the connectivity. So this is Oil Well right here, that you can come through here all the way down and into Bellmar and, of course, Bellmar can access these goods and services, civic uses, and as r the same holds true for Rivergrass, which is north and south here. So there is total connectivity c between the two villages that will remain and the town that is the subject of this petition. CHAIRMAN FRYER: Ungated, correct? MR. MULHERE: Yes. Internally, you can access those, yes. We have an environmental habitat coexistence plan. I'm not going to get into any great detail on this. We do require bear -proof trash cans. Do you want me to -- and educational materials, and we have the lake system designed as a buffer -- so I did want to mention, if I00 could -- I think we talked about it previously. You know what, I'm not going to go back to it. I v may come up to an aerial. Them Camp Keais -- there's two major flowways out there: Camp Keais Stand and W Okaloacoochee Slough, and these voluntary establishments of these SSAs, in part, are incentivized to enhance those flowways, and this particular project will enhance the Camp Keais Strand flowway. These are significant. They carry a lot of water from north to south, and so restoring those is very important. m So this slide depicts the credits that have been -- that have been generated from the SRAs. Z On the left side in the first Excel spreadsheet there. You see SSAs 14, 15, 17, and 18, and it then it a totals it up at the bottom. v You can see the total credits, and it breaks it down by credit. There's a base credit, an early M entry credit, and restoration credits, and on the right side you see the total credits. And then you 00 can see for the Bellmar, Rivergrass, and the Town of Big Cypress, the SSA credits that are being utilized. So for the Town of Big Cypress, there's 4,478 SSA credits coming out of 15, 4,527.6 out of 17, and 6,792.3 out of SSA 14, so -- and then over in the graphic, you can see the SSA 15, and 17 is down here. E This shows the other SSAs, shows that Camp Keais Strand Flowway with the white arrow sort of running down to the Florida Panther National Wildlife Refuge and Big Cypress Preserve and c° a shows how those SSAs create connectivity and improve that. Each SSA preserves thousands of acres, and this, again, is voluntary, but -- and it's also at no cost to the taxpayers of Collier County. So by comparison, Conservation Collier has acquired 4,700 acres at a cost of 113 million to date. So it's pretty significant. We talked about the creation of a wildlife corridor. That's the second benefit. You enhance the flowway, but you also create a wildlife corridor rather than a checkerboard preservation that the one per five would create. Also, there is a voluntary program of generating additional funds that a number of landowners participated in called the Florida Panther Protection Marinelli Fund, and that will create about 1 point -- 1,225,000 of funding, and that is focused on protecting panthers and enhancing wildlife habitat. So those are the -- a big picture of the environmental benefits. I mentioned that there were two school sites, and I wasn't able to show you the northernmost Page 57 of 95 Packet Pg. 61 5.A.a May 18, 2023 school site. This site right here is the south school site. That's about 28 acres. And then to the north of Oil Well, you have an 88.3-acre school site, and we have an agreement with the school district with respect to those, so... COMMISSIONER SCHMITT: Bob, can I go back and ask a question why you left wildlife and you talk Wildlife Federation -- or wildlife corridors. And I'm going back to when the villages came in. There was a lot of discussion both from the Wildlife Federation, the Conservancy, and even -- I recall Brad Cornell being here as well in regards to the Audubon. Where are we today? Those organizations, everything -- there's concurrency in regards to all this? I didn't see any opposition, and I don't know if we have anybody from those agencies here today, but can you just address -- MR. MULHERE: I can't really speak for those agencies, but at least to date they have been very favorable on the record at previous public hearings with respect to this program. They participated in the creation of it. You'll remember Nancy Payton, God rest her soul, was very involved and very active, and then subsequent, Meredith Budd took over that position. She has N been involved and spoke at many of these meetings, as has Brad Cornell. And I know that my c client works closely with them through this process. COMMISSIONER SCHMITT: Just for the record, then. I don't know if there's anybody speaking. I just wanted to make sure that was on the record as well. Thanks. MR. MULHERE: So that's the two. That larger one, obviously, could be middle school, high school, or middle and high school. It's enough -- has enough size to accommodate both. Certainly, Amy, you could speak to that issue as well.00 So this is sort of a concluding -- at least I think it is -- yes, it is. This is sort of a concluding v slide that I'll go over very quickly. It's kind of the same slide that I think Rich started with. And you see a checkmark next to each one of these requirements. The size, we meet it. The density, we're within it. The range of single-family, multifamily, and mixture of housing types, we meet S that. The -- we're consistent with the restrictions and the requirements for retail and office, civic, governmental, institutional. Again, we have the three required context zones, town center, town core, but we also m have -- and we also have a business park and affordable housing context zones. So wastewater is centralized, which is of great benefit to serve this compact mixed -use a development. You really wouldn't want to do it any other way. It's required. v We provide community parks. There's a requirement to provide 200 square feet per M dwelling unit, and can we exceed that. I haven't done the math, but we exceed that requirement. 00 The minimum open space is 35 percent. We're at 46.36, so we significantly exceed that requirement. We do have a wide range of civic services, and we'll meet or exceed that requirement, which is 15-square-foot per dwelling unit. MR. YOVANOVICH: Hey, Bob. That 26 is wrong. E MR. MULHERE: Is wrong -- 66-, yeah. I was just going to point that out. I think that was a carryover from the village. It's actually a minimum 66,000 and change for the civic, and a that's the number I used earlier in my presentation. And we had that interconnected system of roads, bike lanes, bike paths, multiuse pathways all connecting from the town to the villages north and south, meaning Rivergrass and Bellmar, and we have -- we have a commitment to provide transit and park -and -ride -- or a park -and -ride facility. I'm going to turn it over to Heather to go over the environmental, again, from a very high level. CHAIRMAN FRYER: A suggestion to the applicant. Certainly, you're invited to put on anything you want in as much detail as you wish within broad outer limits of reason. But it may make sense to kind of test out the sentiment up here, and if things appear to be going your way, you always can reserve the opportunity at rebuttal to put on all the detail you wish. Just a thought. MR. YOVANOVICH: You kind of read my mind, but I didn't want to be too brief in our presentation. Everything's in the record. The staff report is very detailed. Page 58 of 95 Packet Pg. 62 May 18, 2023 5.A.a COMMISSIONER SHEA: We've read them. MR. YOVANOVICH: I'm sure you've read it. I know there -- we erred on the side of there are a couple of members who have not been through this before. I'm happy to stop right now and ask -- and say, do you have any questions of our team? We're happy to answer those questions, because we think everything's in the record. I got the signal here that perhaps you -- I know you -- I've talked to a few of you. You've read the materials, and you've been through this before. CHAIRMAN FRYER: Yeah. I think, without objection, let's do it that way. You've got all your people here. If questions come up, you can have a full opportunity at rebuttal to cover, really, everything you wish. MR. YOVANOVICH: We would love -- if you have questions right now, we'll -- it's your pleasure. CHAIRMAN FRYER: No one is signaling at this point, but I'll ask, before we go to a staff report, anyone want to put in a question or a comment? Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you, Rich. Great presentation by you and the team. COMMISSIONER SHEA: Very brief. COMMISSIONER SPARRAZZA: Question. I'm jumping ahead to an agenda item later today. But has there ever been a thought for partnering with your affordable housing unit with someone like Habitat? MR. YOVANOVICH: Well, that's the beauty of the program. It gives us the opportunity to -- it gives, really, the county an opportunity to look to Habitat, seek proposals from potentially other affordable housing developers. One of the beauties of this program is just this project alone is going to make available 882 affordable housing units. COMMISSIONER SPARRAZZA: Units. MR. YOVANOVICH: And then you had, with the other SRAs that have gone through, that opportunity. So there's -- the thought is, yes, and the beauty of it is it's wide open. COMMISSIONER SPARRAZZA: Great. Thank you. Good. Glad it's being considered. CHAIRMAN FRYER: Thank you. No one else is signaling. So it's my suggestion that we go right to a staff report. MR. YOVANOVICH: Great. CHAIRMAN FRYER: And then we can go from there. Mr. Bosi. MR. BOSI: Thank you, Chair. Mike Bosi, Planning and Zoning director. And I did hear the urgency for, I guess, briefness. But what I would say is we've reviewed the town plan against the town agreement which was priorly approved the Board of County Commissioners in 2001. I think Rich had provided specifics related to that. We reviewed it from an environmental standpoint, and we have the Environmental staff here available if there's any questions that you may have in that regard if you feel that it satisfied all of those requirements. From a fiscal neutrality standpoint, we provided it to a third -party reviewer. Mr. David Green, who works for Jacobs, provided a peer review. That peer review concluded that the proposal would be fiscally neutral or positive at the 30-year horizon. From a transportation standpoint, our transportation planners and our consultants have reviewed it and are comfortable with the proposals and what's provided for. So staff would entertain any questions that you may have about any one of these specific areas that were covered by the applicant related to the proposal. CHAIRMAN FRYER: All right. Thank you. Go ahead. Page 59 of 95 Packet Pg. 63 5.A.a May 18, 2023 COMMISSIONER SHEA: I was just wondering if there was any idea from staff what the timing is on Big Cypress, the highway. MR. BOSI: I do know -- I believe it's within our Long -Range Transportation Plan. COMMISSIONER SHEA: Five-year or beyond? Is it in our five-year or beyond? MR. BOSI: It's the long-range. It's in the Long -Range Transportation Plan. I don't believe it's been advanced to year 6 through 10. We're just starting the 2023 AUIR, so I'm not as up to speed on any iterations of changes. But in that regards, if it was anything other than in the Long -Range Transportation Plan, I'm sure Lorraine would come up and provide a little clarification. But I think it's in our Long -Range Transportation Plan, but it's not something that we expect within the next year or two. COMMISSIONER SHEA: But you're comfortable that the timing of the development of the highway is going to be consistent with the timing of the additional homes coming on? MR. BOSI: Oh -- and that's the beauty of the Long -Range Transportation Plan, that process. We understand that this is a facility that's going to be needed to handle the anticipated N demands. Every year we go through the AUIR. As those demands start to become closer within c that purview, then we move to -- we will move it -- make adjustments accordingly. So, yes, we are. CHAIRMAN FRYER: Thank you. No one else is signaling at this time, so I think I'll take this opportunity, if I may, to make a record on the probability that I am going to vote differently than I did the last time Longwater came before me. And I spent some extensive time with staff, and county management as well, being sure that00 I was completely satisfied in the concept of net benefit resulting from this new program, and I v believe I am. And I'm going to run through --I'm going to tick off six points, and just to get clarity both from county staff and from the applicant that my assumptions are correct -- I think they are, but I just want to be absolutely sure. And so as I go through this, I'm going to invite both county staff and the applicant to step in and tell me if I have misstated anything. And these are in no particular order. a� First of all, we're going from eight to 10 SSA credits per SRA acre, and I think that is very m significant because it's going to create significantly more conservation lands. So that is an important point to me. a Again, in no particular order, second, as I learned from Mr. Bosi yesterday with respect to v the overall economics, the cost -- and this comes at -- fiscal neutrality, perhaps a different M direction -- comes at it from a different direction than the consultant's material. But when you 00 consider within the context that this town is going to have more commercial and light industrial than the original village, and what does that -- how does that translate in dollars? Well, my understanding, it translates this way: That on the benefit side, for every dollar of residential benefit we get in whatever form, taxes, fees, whatever, for residential uses, that consumes about $1.25 in E infrastructure. So it's a little more on that side. But on the commercial side, for every dollar of benefit that comes into the county, the a infrastructure cost is 70 cents. So that, I think, is significant, particularly when we're having so much more commercial. And now with light industrial, every dollar of industrial benefit that the county gets only has to expend 40 cents in infrastructure, which I think is a significant benefit. And, again, either of you may interrupt me if I'm misstating anything, because I'm making these assumptions to guide my vote. Third, the vacancy rates that had not been built into BEBR -- and we've talked about BEBR versus the 2017 EMS -- and I -- as a result of the conversations I've had primarily with Mr. Bosi, I understand that the vacancy rates are around 24 percent. And so that number would bring BEBR down. Fourth, the population -- or at least the childbearing population of Collier County is diminishing somewhat, or at least the rate of increase is diminishing in a way that I think that also attenuates persons per household, particularly when we look forward. Page 60 of 95 Packet Pg. 64 May 18, 2023 5.A.a My fifth point, certainly, the affordable housing commitment that is being made now is a very real one. And I was never really satisfied at the Longwater stage when the county was being offered the right to purchase an acre for $22.5 thousand. But this, tome, is real affordable housing. And 100 percent, perhaps I would have maybe wanted to see some come in at 80 percent, and other planning commissioners may want to weigh in on that, but there is a need at 100 percent, and so this is meeting a need. And, finally, the concept of internal capture resulting from the fact that, with the exception of the northern part of Rivergrass, north of Oil Well, all of the rest of these villages and this town are going to be interconnected, gate free -- gateless so that the residents of the two villages and the town will all have equal opportunity to avail themselves of the commercial, industrial, et cetera and, in doing so, will be -- will be taken off of our streets and reducing the impact of the wear and tear on our streets. So for those reasons, for those six reasons, primarily, and others -- but those are the main ones -- and subject to if we have public comment, I'll want to hear that, and anything else that anybody comes up with, I'll give it fair and due consideration. But since I'm aiming toward changing my vote, I wanted to explain exactly what factors had influenced me to come to this conclusion. Does anyone else want to be heard at this time? MR. YOVANOVICH: Mr. Chairman, if I could just --and I think this is what you meant -- CHAIRMAN FRYER: Yeah. MR. YOVANOVICH: -- the spine road itself is not gated. The communities off the spine road can be gated. CHAIRMAN FRYER: Oh, I understand, but -- MR. YOVANOVICH: I just wanted to make sure when -- CHAIRMAN FRYER: But anybody who lives in there has access to all the commercial up and down the line with the exception MR. YOVANOVICH: Right. CHAIRMAN FRYER: -- of the northern Rivergrass? MR. YOVANOVICH: Correct. And there's a traffic signal to get them across. CHAIRMAN FRYER: Yeah. Okay. Any other corrections or comments to the points that I made? Mr. Yovanovich, did you -- MR. YOVANOVICH: I need to clarify. CHAIRMAN FRYER: Please. MR. YOVANOVICH: Within the project itself, there's the ability to go back and forth. So there is gates on the spine road, but within the town, there is interconnection. CHAIRMAN FRYER: Yeah. MR. YOVANOVICH: That's -- right. CHAIRMAN FRYER: Indeed. And, you know, I'm looking at taking cars off the road -- MR. YOVANOVICH: I understand, internal. CHAIRMAN FRYER: -- as a result -- of residents within the town plus the two villages. MR. YOVANOVICH: Right. CHAIRMAN FRYER: And those folks are not going to be barred by any gates from accessing any other commercial or industrial? MR. YOVANOVICH: Right, correct. CHAIRMAN FRYER: That's my -- COMMISSIONER SCHMITT: Those will all be internal capture. CHAIRMAN FRYER: Yeah. MR. YOVANOVICH: Yeah. I thought that's what you said. I just wanted to be sure. CHAIRMAN FRYER: Yeah. No, fair enough. Anything else that needs to be said to correct anything -- any of my assumptions? MR. YOVANOVICH: No, your assumptions are correct. Just -- it was just a clarification. Page 61 of 95 Packet Pg. 65 5.A.a May 18, 2023 CHAIRMAN FRYER: Fair enough. All right. Anybody else want to be heard on this? Commissioner Schumacher. COMMISSIONER SCHUMACHER: So is it -- is the access going to be like Ave Maria where you can drive through, and then you're sub -- your communities -- MR. YOVANOVICH: No, that's the distinction. COMMISSIONER SCHUMACHER: -- themselves will be gated? MR. YOVANOVICH: That's the distinction. If you were -- if you were coming from outside of this area, you have to go through a gate. COMMISSIONER SCHUMACHER: Got it. CHAIRMAN FRYER: But your commercial being built on Big Cypress -- MR. YOVANOVICH: Correct. CHAIRMAN FRYER: -- public access will be freely available? MR. YOVANOVICH: Right. COMMISSIONER SPARRAZZA: To the commercial? N CHAIRMAN FRYER: To the commercial. c MR. YOVANOVICH: Give me two seconds. Let's just do this so we're all talking the same -- yes. Whoops. Mr. Youngblood's going to have to help me. Yes, this is accessible to the outside world. That's your -- that was your question, right -- COMMISSIONER SCHUMACHER: Yes. MR. YOVANOVICH: -- Mr. Schumacher? COMMISSIONER SCHUMACHER: Yes. Yes, sir.00 COMMISSIONER SHEA: And it's the same for Rivergrass. You can go all the way v down to the commercial area without having to go through a gate, or you have to have gate MR. YOVANOVICH: You have the -- Rivergrass has the ability to go through and get to, internally -- COMMISSIONER SHEA: Same as Bellmar. MR. YOVANOVICH: Yeah, there's a connection point down here for Bellmar to get up into Longwater, yes. m COMMISSIONER SHEA: Okay. CHAIRMAN FRYER: So all these people are going to be off the public roads. COMMISSIONER SHEA: Yeah. MR. YOVANOVICH: Yes. CHAIRMAN FRYER: Okay. Anybody else want to be heard on this? I should ask if we have any public speakers. Ms. Pedron? MS. PEDRON: Mr. Chairman, we do not have any in -person registered speakers; however, we do have online speakers. CHAIRMAN FRYER: All right. Well, we'll hear from the online speaker, please. MS. PEDRON: Our first online speaker is Joanne Scharf. CHAIRMAN FRYER: Thank you, ma'am. You spell your last name, then you have the floor. MS. SCHARF: Yes, S-c-h-a-r-f like in Frank. Joan Scharf. CHAIRMAN FRYER: Thank you. MS. SCHARF: If you don't mind, I've been writing notes like crazy, so I'm just going to try to refer to my few notes here. First of all, when I moved here, Oil -- I had a lot of friends come and visit here me because I lead birding tours. And we would drive up and down Oil Well, and they were amazed seeing spoonbills and storks and herons and egrets. Those are no longer there. Why are they not there? Because SkySail is there now, and Terreno is being built, and now you want to take away the rest of that with this new development. Those people came here and spent a lot of money in restaurants, gifts, renting cars, and so forth. They're tourists as much as the tourists that go down to Fifth Avenue. But be that as it may, all of this land that is going for building and building these Page 62 of 95 Packet Pg. 66 5.A.a May 18, 2023 communities is taking away from the wildlife. Now, let me just say this: Recently we had a big Ere here in the Estates, about a month ago. The traffic jam was horrible. People could not get out. My own children were stuck in the fire because the only way out was Immokalee Road, and you couldn't get through. Now, you're going to put in a community here. The only way out of that community is down Oil Well to Immokalee. Those are the two roads to get out to go to I-75. More traffic. You just said that this community would keep all those people off the public roads. Only if they stay inside of the Town of Big Cypress, but they're not going to do that. They're going to want to go to the beaches. And how are they going to get there? They're going to go down Oil Well to Immokalee. It's already more than an hour drive out of the Estates in the morning to get down to 41 when you live in the Estates. Add another hour to that. Plus with the accidents. I don't understand, other than money, how these communities can keep building, building, building, building, and not give any consideration to our infrastructure. We here in the Estates lose cell phone service daily because there's not enough towers. There's not enough of anything. c And my question to you guys is -- I'm sure you've done a lot of due diligence. Let's just take SkySail. How many of those homes are 100 percent purchased and occupied? Terreno, they're still building that. Are they all prepurchased homes? I mean, Florida can't just bring m people from 49 states here and just keep bringing them J g p p J P g g � and bringing them and bringing them. There has to be a reason why all these things are being built. Is there a list of people somewhere that say, "Oh, I want to move to that place?" They're coming00 down here thinking -- as Terreno is one of them that advertised this -- you're minutes from the v beach. Oh, no, you're not. When those people come in here and they get in that beautiful community and then they go out onto Oil Well, they're going to be seeing nothing but wall-to-wall traffic and taking a long time to go shopping or to the beaches. I mean, those of us who have lived here (indiscernible) are putting up with all this. And why? What are we getting out of it? We're not going to be able to go into these gated communities. It's great you build a nice community for people. They have community parks. m They have dog parks. They have pools. They have all that stuff. Great for them, but all it does for us is add more and more traffic on our roads. v a So are you going to build more roads out there? That's my question. Because I want v another way out of the Estates. When there's a fire or there's a hurricane, I want another way out. r, Thank you. 00 CHAIRMAN FRYER: Thank you. Ms. Lockhart, am I late in calling on you? Did you want to be heard before we -- MS. LOCKHART: I did. I actually had a question about the gates. We have never had a school inside a gated community before. We have teachers, staff, so forth, actually parents wanting E to drop off their children. The attendant zone may or may -- probably will eventually include the whole development, but it may just also include parts of the Estates, so you're going to have outside a families. MR. YOVANOVICH: The school itself is not gated. MS. LOCKHART: It is not in the gates. MR. YOVANOVICH: It is not in the gates. MS. LOCKHART: Good. Thank you. MR. YOVANOVICH: Just like, if I can, neither is the commercial, neither are the business parks. MS. LOCKHART: Perfect. MR. YOVANOVICH: All of those things will be available to the general public, including the previous speaker. CHAIRMAN FRYER: Thank you. Vice Chairman Schmitt. Page 63 of 95 Packet Pg. 67 5.A.a May 18, 2023 COMMISSIONER SCHMITT: Yeah. Just for the speaker, thank you for your comments. Please understand that the petition before us is not a rezoning. The zoning for that area of the county is already approved. And, frankly, it was approved probably over 20 years ago as the Rural Lands Stewardship Overlay. What's before us today is to take three villages that have already been approved and, basically, approve the creation of now what's going to be called the Township of Big Cypress. So I clearly understand your points, but the petition today has nothing to do with those kind of issues other than the additional acreage that was added to create the township. But the villages have already been approved, and all of the traffic impacts have already been analyzed. So I thank you for your comments, but I just want to make sure you understand that the petition is not to approve or disapprove the actual development. The zoning's already approved. This is just nothing more than to verify and to codify, basically, that the proposal is in concurrence with the ongoing -- or the already approved Land Development Code for the development of villages and now a township in the Rural Lands Stewardship Overlay District. N Thank you. c CHAIRMAN FRYER: Thank you. Commissioner Schumacher. COMMISSIONER SCHUMACHER: Two questions for staff and the petitioner as well. On the traffic portion of this, what's the timeline for the buildout as having -- I'm sure this is a long-range term? MR. YOVANOVICH: Yeah. It's a 20-year buildout. CD COMMISSIONER SCHUMACHER: Twenty-year buildout. v And then relating to the traffic, how about the improvements to -- you've got DeSoto here, and then you've got Immokalee Road. What improvements are going to be made there in that same type of time period? Because as they said, the traffic on Immokalee is horrible. Everybody can agree to that. But in 20 years it could be completely different. MR. BOSI: Well, the first primary reliever for traffic on Immokalee Road is the extension of Vanderbilt Beach extension eventually all the way out to DeSoto, with phases. m Improvements within Randall -- I know with the overpass, where -- the interface within Immokalee, the flyover that they do have planned as part of the Long -Range Transportation Plan, is a one of those improvements, and there may be other improvements that I haven't highlighted. v MS. LANTZ: Hi, sure. Lorraine Lantz Transportation Planning. M As Mike was saying, we have a lot of planning projects going in the works from plans to 00 design and to construction. Obviously, we're looking at the biggest reliever being Vanderbilt Beach Road extension. That is in design -- actually in construction. It should open in about two years, two -and -a -half years out to 16th, from Collier Boulevard to 16th, and then it will make its way all the way to DeSoto in E phases. The next phase would also be -- another project would be the 16th Street bridge which c° a would connect down from Randall all the way to Golden Gate Boulevard. That would connect some more interconnections for the network. We're looking at Randall -- the interim improvement being the intersection of Randall and Immokalee. Of ultimate improvement would be an overpass at that location. Wilson would be expanded -- it's in design right now, so that is designed to expand from Immokalee down to Golden Gate Boulevard to widen that. We're also looking at widening Collier Boulevard from Green to Golden Gate Main Canal, as well as FDOT is working on a new interchange at 1-75 and Collier Boulevard, excuse me. COMMISSIONER SCHUMACHER: Thank you. Yeah. The questions came up, because you thing about an emergency situation where people have got to get out, and that's where I was coming from with the question on the buildout versus the improvements to the roads. Thank you. Page 64 of 95 Packet Pg. 68 5.A.a May 18, 2023 CHAIRMAN FRYER: Thank you. Nobody else is signaling at this time, so I'll ask again about speakers. MS. PEDRON: Mr. Chairman, our next online speaker is Matthew Schwartz, followed by an in -person speaker. CHAIRMAN FRYER: Thank you very much. Just give the totals. Are those two the online speakers that we have? MS. PEDRON: That is correct. CHAIRMAN FRYER: Thank you very much. All right. We'll hear from the only speaker, please. MR. SCHWARTZ: Hello. Can you hear me? CHAIRMAN FRYER: Yes, we can. Give us your name, your last name. MR. SCHWARTZ: Okay, great. Matthew Schwartz, S-c-h-w-a-r-t-z, and here as the executive director of the South Florida Wildlands Association, also representing myself as a former resident of Collier County but somebody who has spent decades exploring the wilds of Collier N County, which is one of the most incredible places I know in our country. There's so much I would c like to say on this issue, and I have been saying. It was interesting that that first item that came up, not about the Town of Big Cypress, but about the storage unit, really got into the Comp Plan and how that particular five -acre project was going to dovetail with the Comp Plan. If you were to look at the Comp Plan or the conservation elements for Collier County, there's no question that this doesn't fit in every respect. The whole thrust of that plan with regard to00 wildlife, especially listed wildlife -- and this area is rich, rich with listed wildlife. Something like v 19 species of federally and state listed wildlife were noted in the Eastern Collier Habitat Conservation Plan that's no longer functioning, and we'll talk about that in a minute. W So this area is almost as dense, when you look at panther telemetry, as the Florida Panther National Wildlife Refuge. Yes, you don't see the telemetry in the agricultural lands, but that's because that's really a function of how that telemetry was gathered, during the day, during flyovers when panthers are asleep. They're in woods. They're in dens. They're not out foraging. m So this is a very important area for Florida panthers -- not important. Critical area for 22 panthers. It's a critical area for Florida back bears who are going to be all through this community, a by the way. And I really should let people know that. There's no way you're going to keep bears v out of a community with the way they forage based on their supersensitive noses. There are going M to be human interactions with bears. They're going to range from the annoying to possibly the 00 catastrophic, and you should go into this eyes wide open. Aside from that, I'm not going to bring up all the reasons this is wrong. If you look at the map, you see this block of land surrounded by Oil Well Road to the north,l-75 to the south, Desoto and State Road 25 -- State Road 29, nobody lives there. It's a completely rural piece of land used in E agriculture, used in natural lands, used in the Florida Panther Natural Wildlife Refuge. It costs the county nothing right now, but it is a tremendous resource for the wildlife. a There has -- you're talking about the analysis that was done way back in 2001 -- not 2021, 2001. Between 2009 and 2022, the scientists at the U.S. Fish and Wildlife Service analyzed this entire plan. They called it the Eastern Collier Habitat Conservation Plan. It's what you call the Rural Lands Stewardship Area. They didn't have a chance to finish that plan, even though they had 10 years to do it. For some reason it took them along time, but they did write a draft plan. They found that this project, meaning the entire RLSA, including the villages and the Town of Big Cypress, is going to cause jeopardy for the Florida panther due to a gigantic increase in roadkill, due to a tremendous loss of habitat. Remember, these three villages 3,000 plus the 500 acres of the town, 3,500 acres, that's a tiny, tiny down payment on the 45,000 acres of development that the entire RLSA is going to bring in. They found it to be incompatible with the future existence -- continued existence and completely incompatible with the recovery of the panther. This is the only area -- this is the only Page 65 of 95 Packet Pg. 69 5.A.a May 18, 2023 breeding habitat for the panther in the country. It's the only big cat left in the entire eastern U.S. CHAIRMAN FRYER: You're at four minutes, sir. Would you please wrap it up. (Simultaneous crosstalk.) MR. SCHWARTZ: How much time? CHAIRMAN FRYER: You have about 30 seconds. MR. SCHWARTZ: Thirty seconds, okay. What I'm going to encourage you again -- it's the second time I'm doing it -- bring in the -- take to benefit of the 10 years the Fish and Wildlife Service spent reviewing this project, bring them in to a workshop with the Planning Commission and the full commission and the public and hear what they have to say, hear why their analysis of this project does not jive with the analysis that the county did 20 years ago. Thank you. CHAIRMAN FRYER: Thank you, Mr. Schwartz. Vice Chairman? N COMMISSIONER SCHMITT: Yeah. Mr. Schwartz, I know you're familiar with the c study, the Rural Lands Stewardship program and what the county went through in the studies 20 years ago, the reevaluation 10 years ago, and I think another reevaluation, I believe, maybe six years ago in regards to the Rural Lands Stewardship overlay, and that this was all -- has been approved through the State of Florida. I understand your request, but from a legal perspective, the area has already been approved through the state as defined by what is called the Rural Lands Stewardship Overlay. It's already00 zoned, and these villages have already been approved. So I clearly understand what you're asking v but, from a legal perspective, what are you asking of us? To stop everything? Because it just can't happen. MR. SCHWARTZ: Well, absolutely not, because -- okay. From a legal perspective, there's no legal grounds for you meeting with the Fish and Wildlife Service to hear what they have to say, to hear what their analysis showed. There's no legal obligation. In fact, the Habitat Conservation Plan that they worked on no longer even exists because it doesn't have an applicant. The applicants who were part of that dropped out. I think -- my belief is that they saw the direction it was going. They saw that the Fish and a Wildlife service was going to conclude jeopardy for the Florida panther, and before they got to it, v they quit. I can't prove that, but that sure seems like what was going on. M This is a moral request. This is something that many people, not only in Collier County but 00 throughout the State of Florida and actually beyond -- because the Florida panther is clearly an animal that gets a lot of attention. COMMISSIONER SCHMITT: Well, one of the -- MR. SCHWARTZ: This is a core habitat. E COMMISSIONER SCHMITT: I'm not going to debate, and I understand. I recommend you bring your concerns to the U.S. Fish and Wildlife because the habitat a (Simultaneous crosstalk.) COMMISSIONER SCHMITT: The habitat areas have already been scored. The criteria have already been developed. The criteria's already been approved through the Board of County Commissioners and through the State of Florida. I would recommend you contact the state officials at U.S. Fish and Wildlife. You know who they are. I do as well. MR. SCHWARTZ: I know them well. COMMISSIONER SCHMITT: But I think from there I'm going to stop with the debate. CHAIRMAN FRYER: Thank you. Ms. Pedron. MS. PEDRON: That concludes our online speakers. Our next speaker is Stacy Gustafson. CHAIRMAN FRYER: All right. Please approach one of the podiums, and let us know if you have been sworn in or not. Page 66 of 95 Packet Pg. 70 5.A.a May 18, 2023 MS. GUSTAFSON: I have not. CHAIRMAN FRYER: Okay. Well, we'll take care of that. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. GUSTAFSON: Yes, I do. CHAIRMAN FRYER: Spell your name, and then you have the floor. MS. GUSTAFSON: My name is Stacy Gustafson. Last name is G-u-s-t-a-f-s-o-n. CHAIRMAN FRYER: Thank you. MS. GUSTAFSON: Okay. So I can -- I moved to -- I bought a house in Golden Gate Estates just over a year ago, so I'm a little bit late to this game, this whole project. But my house is located on the east side of Desoto Boulevard North. I didn't find out about this whole project -- maybe, like, six months ago. And I was looking online for information, and my back property line abuts the community center, which I'm thinking is the town core. I know there's nothing I can do here. But I was d r just --I just hope that there is, like, maybe ways to counteract the noise. A town core seems very, c very busy to me. And I actually bought the property out here so that I can have peace and quiet. You know, I have six -and -a -half acres. There's -- right now there's nobody -- there's woods on both sides of me, but now I'm going to have a community, five towns coming in and I guess, making some g g Y, g just,� g � noise. I'm not sure of what. I also have a question. I think it's Chairman Fryer, is it -- is that correct?00 CHAIRMAN FRYER: Yes, it is. v MS. GUSTAFSON: Okay. I know you were going over -- you gave six points, and one of them was the traffic within these towns, one that was supposed to be parallel to Desoto, and it seemed the gentleman -- I think that you were a little confused. You said one thing, and then you didn't know -- and somebody corrected you. So my question is, is the people that live inside there, do they have to keep going through gates to get from one end to the other? CHAIRMAN FRYER: No. MS. GUSTAFSON: Okay. They don't. So what are the gates in there for? Are there a gates inside of the town? v CHAIRMAN FRYER: The gates, if I understand -- and the applicant can correct me. cUY, This is -- from the -- for the purposes of people outside of these combined entities. This is a gated 00 community. So if you live in East Naples, for instance, and, you know, you want to come in and look around at the houses, you'd be confronted by a gate. If you want to use the commercial establishments or go to the school, that's all going to be open to you. E MS. GUSTAFSON: Okay. Now --so I understood that there were gates in there not just from the people that are coming from outside but also within the -- within the towns that people had c° a to stop at the -- the residents within there had to stop at them. CHAIRMAN FRYER: Well, here's what may be the case -- and I'll ask the applicant to correct me if I'm wrong -- but if you live in one neighborhood, you may not be able to enter another private neighborhood which is -- if that's the case, so be it. But you can get to all the commercial offerings in the two villages and the town. MS. GUSTAFSON: Okay. So my problem is -- or it's not a problem; it's a concern -- is that the people that -- let's say they live on the opposite side of where the commercial establishment is, maybe a supermarket or so, maybe they live on the other side, they're not going to go -- what's the speed limit going to be in there? Is it going to be 15 or 20? 10? They're not going to go through that community. They're going to go on DeSoto Boulevard North because they don't want to go through those gated checkpoints or, you know, have to stop at them or even go whatever the speed limit's going to be, 10 to 20. They're not going to do that. They're going to go to DeSoto Page 67 of 95 Packet Pg. 71 5.A.a May 18, 2023 Boulevard North where it's 45, and most of the time people are not doing 45. They're going much faster. So I have a really big concern. And it seems like, you know, when you -- when you touched upon that point, it wasn't answered very well. It kind of like -- it was just smoothed over. But the residents are not going to stay within the community to get to the other side if they can go on DeSoto Boulevard North and do 45. CHAIRMAN FRYER: Okay. Well, speed limits are beyond our jurisdiction. And the applicant has heard you, and if the applicant wishes to respond in rebuttal, we may hear more about that. Thank you. Commissioner Shea. COMMISSIONER SHEA: I wanted to follow up on that question, because now I think I'm a little confused on traffic flow. So I'm sitting in my car in Rivergrass, and do I go through a gate before I go through -- get into Longwater to get down through that pathway to get to the w d commercial? I'm confused like she was. c CHAIRMAN FRYER: If you're going to commercial, you don't have to go through any gates. If you're going from one private neighborhood to another, you might. COMMISSIONER SHEA: Well, that's -- in order to go from here down to here, you're going from a private neighborhood into another private neighborhood. CHAIRMAN FRYER: Well, the assurance that I believe I've gotten -- and we can ask the applicant now -- is that any resident inside the two villages or town will have access -- unfettered,00 ungated access to all commercial and light industrial and the school. v MR. YOVANOVICH: I'm asking Pat to put COMMISSIONER SCHMITT: Norm, you get him straight, you will, please? W MR. TREBILCOCK: Yes -- no. Good afternoon. For the record, Norman Trebilcock, professional engineer, certified planner. We worked on the traffic study for the project. So we're -- do I have -- this is -- so this may help. So we have -- this is the Rivergrass portion, and Rivergrass here as well, and then this is the town stuff. But what -- we have a commercial area here, and per what the Chairman is saying, folks can come through here, and there's little frontage roads before the gates that folks can get to to get to the commercial area. a So you can come across, say, the northern part of Rivergrass. You just have the signal. v You cross the roadway, and then you have this red frontage road that we're showing that runs cUY, east/west, and that's not gated, and that will take you right into this commercial area here as well. 00 And then you have -- likewise, you can get over to these areas that runs across and interconnects across as well, and then you can get to all of this commercial stuff. COMMISSIONER SHEA: How do you get in when you leave Rivergrass? MR. TREBILCOCK: I'm sorry. E COMMISSIONER SHEA: So there's -- so you're going down Oil Well, or the frontage road on Oil Well going east instead of west, and you want to get into the upper part of Longview a [sic] on that purple road you have there, how do you get in there? Is there a gate there? MR. TREBILCOCK: Yes, there's a gate in the -- and, yeah, that's an internal activity center for the community. That's a community center. That's not a -- the commercial area that serves the Rivergrass area is right here at the southeast corner of Oil Well Road and, again, long term, there's the Big Cypress Parkway that will build parallel that will tie all these east/west roads together. COMMISSIONER SHEA: Right. What you're saying is my point. ILIM0491a1.11 006161min2Ca COMMISSIONER SHEA: You've got to go out on Oil Well and down to get to the main commercial area without going through a gate. MR. TREBILCOCK: No. CHAIRMAN FRYER: May I please see if I can -- I understood it. I think I still do. First Page 68 of 95 Packet Pg. 72 5.A.a May 18, 2023 of all, you have to take northern Rivergrass Village out of the mix, because it's not physically contiguous. It's blocked by Oil Well. So forget northern Rivergrass. Now we're talking about southern Rivergrass, Longwater to be known as Big Cypress and Bellmar. Now, those three living areas, if you are a resident in any of those three, you should have ungated, unfettered access to every commercial establishment in any of those south of Oil Well; is that correct? MR. YOVANOVICH: No. COMMISSIONER SHEA: No, you can't. MR. YOVANOVICH: But the people in Rivergrass, as they want to get onto the spine road, are permitted to go through the gate. There's no question about them being able to go through that gate to have -- so, yes, there's a gate there, but it will not -- they're not restricted from going through the gate, because the way it lays out, it's to keep me out, okay. So there's an arrangement between Rivergrass and the town for use of the spine road, so... CHAIRMAN FRYER: So that's essentially the same as far as I'm concerned. N MR. YOVANOVICH: Yes, right, right. c CHAIRMAN FRYER: Is that -- I mean, the whole idea -- the thing that appeals to me is is that we're not yet calling these two villages and town a single town but, for all practical purposes, all of the commercial amenities and light industrial are going to be available to everybody on the inside. Now, the folks on the outside will have access to the commercial that abuts the public roads, and that's always been the case. MR. YOVANOVICH: Correct. And there's a -- and you have -- this is -- this is basically 00 a public road outside of the gates, and there's multiple connection points for people who live in the v Estates to get from one place to the other without having to get on DeSoto to go to anything related to that, and nobody's going to be living in this community, go outside of the community, go to DeSoto to go north or south to come back into the commercial. It's just not going to happen. CHAIRMAN FRYER: Thank you. Are you cool for now? COMMISSIONER SHEA: Sure. CHAIRMAN FRYER: Schmitt. Mr. Schmitt. m COMMISSIONER SCHMITT: Well, as the environmental position that I sit and represent 22 as well, I want to be clear on this whole issue with -- the whole issue about the protection of the a panther, and I want to readdress Mr. Schwartz's question. But go back to the slide, because I want v to, for the record, again, make sure I understand the panther mitigation. The monies raised, are cUY, these PHUs, or is this additional money in addition to PHUs? 00 MR. YOVANOVICH: The Marinelli Fund? COMMISSIONER SCHMITT: Panther Habitat Units. MR. YOVANOVICH: I think the Marinelli funding is an advance. COMMISSIONER SCHMITT: Say again. E MR. YOVANOVICH: It's in addition to. COMMISSIONER SCHMITT: It's in addition to. So as you go through the federal a permitting process, you're going to go through consultation -- U.S. Fish and Wildlife consultation. You're in primary or secondary habitat. You're going to be assessed Panther Habitat Units, which are costly. I can -- I can throw numbers out, but they are costly. This -- the money you noted is in addition to. Is that money going to the panther passage conservation bank? Is that where you're looking for the monies to go, for more favorable habitat? MR. YOVANOVICH: We're creating a whole new 501(c)3 for the Marinelli Fund -- COMMISSIONER SCHMITT: Okay. Yes. MR. YOVANOVICH: -- to spend the proceeds. COMMISSIONER SCHMITT: And that money is going for mitigation -- MR. YOVANOVICH: For projects related to -- COMMISSIONER SCHMITT: Projects related whether it's an overpass or passage way or whatever else. Page 69 of 95 Packet Pg. 73 May 18, 2023 5.A.a MR. YOVANOVICH: Correct. COMMISSIONER SCHMITT: Because -- and I, having sat on this board, I don't know, what, five, six years now, when the initial discussions -- especially when the restudy came up -- and I'm going back -- for the record, the folks who are listening, the county was served in the late '90s a consent agreement by the state for noncompliance, and we went through the entire study, the Rural Lands Stewardship Overlay, and all of the scoring in the studies that were involved, and then we had another reevaluation 10 years ago, and there was a lot of discussion on panther, the scoring, and the data that was used. I'm not going to get into that, because that's all been agreed to, and the Board has already agreed, and we modified the rules in regards to panther protection. But the clear fact is that when Nancy Payton, Wildlife Federation, Meredith Budd, who then took over, all of the panther habitat and panther corridors, all of those issues have been approved for this. MR. YOVANOVICH: If you -- I put up on the screen as part of the town agreement we agreed to three -- COMMISSIONER SCHMITT: Right. MR. YOVANOVICH: -- panther crossings, and they're right there as part of our project. COMMISSIONER SCHMITT: Right. MR. YOVANOVICH: So, yes. COMMISSIONER SCHMITT: These were all agreed to. They were prior agreements. There was -- and everybody was in agreement because there was -- clearly understood that the development was going to take place. There was no legal way to prevent it from taking place. The land is owned by the owner, and other than somebody coming in and buying the land and turning it into a panther habitat area, this was what -- this was a win -win situation. And I -- I guess what I want to make sure on the record -- because what was stated, again, is the data was flawed, but the data is the data. And until somebody comes in and changes the scoring and changes the criteria, we are faced with the fact that we have to apply the current rules. And at this late date, when we have a speaker telling us that everything's flawed and we have to start all over again, that's just not going to happen. And I would recommend, again, that maybe he talk to Larry Williams at the state. Maybe the state U.S. Fish and Wildlife can confer with -- or U.S. Fish and Wildlife can confer with the state if there's disagreement in how we're applying the rules. But I want to make sure that everybody understands, already approved panther protection, and when this goes through the review process, it will go through Section 404, 401 analysis, through the U.S. Army Corps of Engineers. It will be consultation through the U.S. Fish and Wildlife, and there will be probably, I would expect, Pat, additional PHUs that you'll pay as you develop some of these lands. MR. YOVANOVICH: Yeah. We're still subject to federal and state permitting. COMMISSIONER SCHMITT: Yes. You're still subject to -- and then through the ERP process as well, through the South Florida Water Management District. So I just want to make that clear that this is -- that the current rules and regulations that exist today are there to protect the wildlife as directed by both the U.S. Army Corps of engineers and enforcement of the Clean Water Act, and the Endangered Species Act. So I just want to make sure that everybody understands that. Thank you. CHAIRMAN FRYER: Thank you. We're three minutes over time for our midafternoon break. Do we have any more registered speakers? MS. PEDRON: We do not have additional speakers, Mr. Chairman. CHAIRMAN FRYER: Thank you. Thank you. Anybody who's in the room who's not registered wish to be heard in this matter, please raise your hand. Page 70 of 95 Packet Pg. 74 5.A.a May 18, 2023 (No response.) CHAIRMAN FRYER: Seeing none, we will close the public comment portion of this hearing. And I'm going to ask, Mr. Yovanovich, do you have a rebuttal and, if so, how long would it take? MR. YOVANOVICH: I just want to basically say Mr. Schmitt is absolutely correct. Our request is 100 percent consistent with the Growth Management Plan, including the Conservation Element. Your staff has determined that we meet all of the requirements of the Growth Management Plan and the Land Development Code. And unless you want a more detailed rebuttal, I don't feel a need for a more detailed rebuttal. We're requesting that you forward to the Board of County Commissioners this petition with your recommendation of approval with the one clarification I made regarding the affordable housing addressing both Bellmar and the town, and we'll work with Heidi and Mr. Bosi on the exact wording of that concept. CHAIRMAN FRYER: Thank you. r Vice Chairman Schmitt. c COMMISSIONER SCHMITT: Yes. I make a motion to approve the SRA PL20210001496, the Town of Big Cypress, as presented, with the change as proposed by Mr. Yovanovich regarding the affordable housing. CHAIRMAN FRYER: Is there a second? COMMISSIONER SPARRAZZA: Second. CHAIRMAN FRYER: Is there any further discussion?00 (No response.) v CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) a CHAIRMAN FRYER: It passes unanimously. v Thank you, applicant. Thank you, staff, members of the public. cUY, And we will stand in recess till 2:45, 10-minute recess to 2:45. 00 (A brief recess was had from 2:35 p.m. to 2:45 p.m.) MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. Ladies and gentlemen, let's return. E ***Our third hearing today is PL20220000890. It's the Roost Road Residential PUDZ. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. a THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Disclosures, starting with Ms. Lockhart. MS. LOCKHART: Staff materials only. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Matters of public record, communications with the applicant's representative, meetings with staff. COMMISSIONER SCHMITT: I spoke with Mr. Yovanovich related to this application. COMMISSIONER SPARRAZZA: Staff materials and a conversation with Mr. Yovanovich. Page 71 of 95 Packet Pg. 75 5.A.a May 18, 2023 COMMISSIONER SCHUMACHER: Staff materials only. CHAIRMAN FRYER: Thank you. Mr. Yovanovich, you have the floor. MR. YOVANOVICH: Good afternoon. For the record, Rich Yovanovich on behalf of the applicant. With me today I have Mac McCraw with Mattamy, who's the representative of the applicant; myself; Mr. Arnold will not be here today; Mr. Delate is the professional engineer on the project; Mr. Banks is our traffic consultant; and Marco Espinar is our environmental consultant. I'm going to do just a brief overview of the project. If the Planning Commission wants to stop me at any time and say, hey, just respond to questions, I'm available to take that approach, too, as well if that's what you prefer. CHAIRMAN FRYER: I think this may be a good candidate for that. MR. YOVANOVICH: So do you want me to -- I'll just put on the screen the location of the property and just briefly o over the existing zoning on the property is both Estates and mobile p p Y J Yg g g p p Y w home. c CHAIRMAN FRYER: Vice Chairman Schmitt. COMMISSIONER SCHMITT: Yeah. Would you just clarify as well that the advertisement for the NIM did include the business park and this now no longer includes the business park. COMMISSIONER SHEA: Exactly. COMMISSIONER SCHMITT: So I want to make sure that's clear for the record.00 MR. YOVANOVICH: The business park you're referring to -- and of course, I v can't -- there we go. COMMISSIONER SCHMITT: Yes. MR. YOVANOVICH: -- is over here. That was part of the original project. That dropped out. So the project became smaller, and it is basically a 300-unit residential project where the allowed density under the existing Growth Management Plan would be 377 units on the property. There's a miscalculation in the staff report regarding the allowed density under the Growth Management Plan. The property is broken up that way, mobile home and Estates. And this is the proposed master plan to allow the full range of residential options. Our access is off of Roost. That ultimately gets us to 41. COMMISSIONER SCHMITT: And then I just want to make sure that it's noted that there is a potential interconnect if the -- that adjacent property is ever developed. You show an interconnect. MR. YOVANOVICH: There is the ability for the projects to interconnect -- COMMISSIONER SCHMITT: Good. MR. YOVANOVICH: -- if an interconnection can be worked out. Again, the proposed master plan showing where the residential development will occur. The lakes and the preserve area. We're only asking for residential uses but the full range, single-family through multifamily. The development standards are in the PUD and in your packet. I hope I'm not going too fast but, essentially, we have the typical deviations that you see, which is to go from the 60-foot right-of-way to the 50-foot right-of-way, since they'll be private roads. And we are asking for a reduction of a buffer where we already have a substantial buffer in place. We agree with staffs recommendation, we're consistent with the Growth Management Plan, and we're requesting your recommendation of approval. I hope that was not too brief a summary, but we can answer any questions. CHAIRMAN FRYER: No, I think that was in order. Thank you. Vice Chairman. COMMISSIONER SCHMITT: I just want to point out as well, mobile home -- converting Page 72 of 95 Packet Pg. 76 May 18, 2023 5.A.a from mobile home to residential is far more favorable. This is a Coastal High Hazard Area. Any new homes would have to comply with the new base flood elevation requirements and certainly would have to comply with the building codes, which is far more favorable that mobile home. So I think that's a benefit all around. I just wanted to add that as my position, so I would -- I'm in favor of recommending approval, but I'll defer to my colleagues. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Yeah, I didn't know that. That's good information, because I was going to ask if -- if you're going to do affordable housing, mobile homes get you in a better price range, typically, I would expect. So by not -- by going away by from mobile homes, you're actually increasing the price point, and there's no -- I know there's no need for affordable housing in terms of -- or no requirement. There's a need. Excuse me. MR. YOVANOVICH: There are needs in other parts of the county for affordable housing, not this particular project, but -- COMMISSIONER SHEA: Well, no. I didn't understand what Joe just said, though. I thank you for that. MR. YOVANOVICH: Yeah. You don't want mobile homes in that part of the county. COMMISSIONER SHEA: No, I -- COMMISSIONER SCHMITT: You do not. CHAIRMAN FRYER: I'm going to want to make a quick record with staff, but I don't have anything right now for the applicant. Anyone else have anything for the applicant? (No response.) CHAIRMAN FRYER: If not, thank you. Staff? MR. BOSI: Would you like the staff report? Mr. Ortman has prepared a -- CHAIRMAN FRYER: Okay. MR. BOSI: -- a couple remarks. CHAIRMAN FRYER: I don't think we need a lot Mr. Ortman, because -- COMMISSIONER SCHMITT: Be brief, be brilliant, and be gone. CHAIRMAN FRYER: And be gone. MR. ORTMAN: Good afternoon now, Commissioners. Eric Ortman, Planning III. Here to answer any questions. Staff does recommend approval of this petition. CHAIRMAN FRYER: Okay. Thank you. Let me ask -- and this is not anything that really can be done, but I do want to make a record, because I think there are some stopgap improvements coming, and I'm talking about traffic and, most particularly Segments 36.2 and 36.1, Collier Boulevard. They are seriously deficient already. Would you say -- or perhaps ask Mr. Sawyer to come up. But someone give us an indication of why we can expect some mitigation of the pain that right now we're looking at. COMMISSIONER SCHMITT: That section of the road is state road, is it not, Mike? That's not county road. That's state. MR. SAWYER: For the record, Mike Sawyer, Transportation Planning. Yes, it is. It is FDOT's responsibility and their jurisdiction. They are in the process of gaining additional right-of-way currently, and they are monitoring that particular section of roadway. There isn't a plan currently in the -- in the five-year work program to actually get those improvements made, but they are getting the required right-of-way in place. CHAIRMAN FRYER: And the flyover as well? MR. SAWYER: The flyover, we do not -- that's another one of the issues that we've -- that is going to be coming up. Again, we don't have timing on that yet. CHAIRMAN FRYER: Okay. COMMISSIONER SCHMITT: But, Mike, the -- from Henderson Creek south to Marco Island -- of course, the biggest prohibitor right now would be a new bridge at -- over Hendry Creek, Page 73 of 95 Packet Pg. 77 May 18, 2023 5.A.a and that's all state, but none of that's in the program right now? MR. SAWYER: Correct. COMMISSIONER SCHMITT: I mean, they've done a survey. I thought they've done some designs, but there's nothing in the program? MR. SAWYER: Absolutely. They've certainly done designs, they've certainly looked at the area, and like I said, they are definitely monitoring it. And we're working, you know, hand in hand with them pretty much on a -- you know, on a regular basis. CHAIRMAN FRYER: Well, we do hope that we can get six-laning there and also that we can get a flyover. And thank you for working with the state. Please continue to do so. MR. SAWYER: We definitely will. Thank you. COMMISSIONER SCHMITT: The access out of Roost Road is Manatee either to U.S. 41 or to Collier, yeah. MR. SAWYER: It pretty much splits in that particular location, yes. Certainly, going over to 41, certainly, is shorter. COMMISSIONER SCHMITT: Sure. Yeah. I agree. CHAIRMAN FRYER: Thank you. Planning Commission, any comments or questions for staff? (No response.) CHAIRMAN FRYER: If not, thank you very much. Ms. Pedron, any public speakers registered? MS. PEDRON: Mr. Chairman, we do not have any registered public speakers in person or online. CHAIRMAN FRYER: Thank you very much. Any people in the room who have not registered but, nonetheless, would like to be heard, now would be the time to raise your hand and so signal. (No response.) CHAIRMAN FRYER: Seeing no hands, we will close the public comment portion of this hearing. The matter is now in our hands for deliberation and a vote. I assumed, Mr. Yovanovich, there was no rebuttal. MR. YOVANOVICH: I think I'll waive rebuttal. CHAIRMAN FRYER: Okay. Thank you. COMMISSIONER SCHMITT: Well, since nobody's speaking, I'll make a proposal to recommend approval as proposed. This is PUD-R PL20220000890, the Roost Road PUD. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SCHUMACHER: I'll second. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously, 5-0. Thank you, applicant, staff, Planning Commission, public. ***All right. The fourth matter on our agenda is PL20220004279. This is the Tree Farm MPUDA. All those wishing to testify in this matter item, please rise to be sworn in by the court reporter. Page 74 of 95 N d c a� c a� a� 0 00 Ln N. Packet Pg. 78 5.A.a May 18, 2023 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you very much. Ex parte disclosures starting with Ms. Lockhart. MS. LOCKHART: Text materials only. COMMISSIONER SHEA: Staff materials, a site visit, and a meeting with the applicant. CHAIRMAN FRYER: Thank you. I've had matters of public record, meetings with staff, communications with the applicant and agents, and a site visit both to the site itself and also to a model -- similar site. COMMISSIONER SCHMITT: I spoke with Rich Yovanovich on this project. I also spoke with Lisa from Habitat for Humanity. I spoke -- two different phone calls, but spoke to them both about the project. CHAIRMAN FRYER: Thank you. r COMMISSIONER SPARRAZZA: Staff materials. I had a conversation with Mr. Rich c Yovanovich, also a conversation with Lisa, and I do want to make a public statement that I am currently a volunteer for Habitat, but I do not believe it will affect my judgment on this petition in any way. Thank you. CHAIRMAN FRYER: Thank you. And with that disclosure and without objection, it would be my recommendation that we proceed and allow the commissioner's full participation in this matter, and I believe County Attorney concurs.00 MS. ASHTON-CICKO: You don't need to vote on it. We had a brief conversation before N the meeting, and it doesn't sound like he has any financial interest in it, so I did discuss with him that he could disclose the relationship, but that he could vote unless he -- COMMISSIONER SPARRAZZA: Correct -- MS. ASHTON-CICKO: -- felt otherwise. COMMISSIONER SPARRAZZA: -- thank you. I have no financial gain other than giving my blood. m COMMISSIONER SCHMITT: Other than sweat equity. COMMISSIONER SPARRAZZA: Yes. v a CHAIRMAN FRYER: Thank you for the disclosure. Noted for the record. And did we ;? get the -- COMMISSIONER SCHUMACHER: Staff materials, conversation with staff, emails and telephone conversations with residents surrounding the project. CHAIRMAN FRYER: Thank you. The Chair recognizes Mr. Yovanovich. MR. YOVANOVICH: Thank you. For the record, Rich Yovanovich on behalf of the applicant. With me today are a lot of people that can answer questions regarding the potential -- or the proposed project. You've already mentioned Lisa Lefkow and Mara Foley with Habitat. They're with me today; Matt Chambers and Jeff Fus are with me today from White/Peterman; Chris Scott and Dan Waters are here from Peninsula Engineering; and Mr. Trebilcock, our traffic consultant, is here as well. To keep with the tradition of the day, I'm going to do a brief overview and then open it up to any questions you may have of me or the team. This is actually -- this is an existing PUD located at the intersection of Immokalee Road and Collier Boulevard. We're amending a portion of the PUD to add additional units and add an affordable housing aspect to the project. COMMISSIONER SCHMITT: Excuse me. Can you put the presentation mode on? Because he's got -- it might be easier for viewing, unless Rich can do it. MR. YOVANOVICH: You know better. Page 75 of 95 Packet Pg. 79 5.A.a May 18, 2023 COMMISSIONER SCHMITT: There you go. Thank you. MR. YOVANOVICH: So where was I? Location map. We are basically adding to the yellow portion of this project 120 units from -- going from 460 units to 580 units. This is -- essentially, I'm going to use the term loosely -- partnership between Habitat for Humanities and White/Peterman for a mixed -use project that includes affordable housing as well as rental housing as part of the proposed project. Lisa is prepared to go into her more detailed explanation of that arrangement should you want her to talk about it. We're not asking for any changes to the commercial intensity, we're not asking for any changes to the trip cap, and we're not changing any of the development standards. This is a little bit unique in that we're going to have an affordable housing project right next to a market -rate project. So the deviation we're asking for is to not have the two -- the affordable housing units within the rental units, just have the two projects separated because of the unique relationship with regard to the types of project. And what I'm talking about here is, you know, N basically the market -rate apartments are going to be here, and then the affordable units are going to c be surrounding those units. We have worked with Esplanade, which is our neighbor to the west. There's an agreement in place for some additional enhanced landscaping along that boundary, and we are -- so that is -- that is -- I think that we've addressed their concerns with regard to enhanced landscaping, and I'm showing you on the visualizer where we're doing the enhanced landscaping to address requests from the Esplanade, and there is an agreement in place to address that. Again, addressing the00 landscaping, enhanced landscaping. And we worked with them on sightline studies to basically v show how that enhanced landscaping will work and address their concerns. 1 mentioned to you the deviation regarding affordable housing and a small deviation W regarding signs. Your staff is recommending approval. We're requesting that the Planning Commission forward this to the Board of County Commissioners with a recommendation of approval. Again, a brief overview of what we're proposing to do. I know you've read all the material. m And if you have any specific questions of me or anybody else on our team, we'll be happy to answer those questions. a CHAIRMAN FRYER: Thank you. v Chairman Schmitt -- Vice Chairman Schmitt. M COMMISSIONER SCHMITT: Yeah. Rich, most of the objections that I received in 00 emails had to do with The Quarry to the east, and the area's already zoned; is that correct? My understanding -- my recollection it's already zoned. The objections were that it was going to be developed into multifamily housing. It can be developed into multifamily housing today -- MR. YOVANOVICH: Correct. E COMMISSIONER SCHMITT: -- is that correct? MR. YOVANOVICH: Correct. c° a COMMISSIONER SCHMITT: There's nothing that could -- would prohibit -- if this was not approved, the increase and the affordable housing piece of it, if it were -- stayed the same, the same product that your client is proposing could still be built. MR. YOVANOVICH: Yeah. We could do single-family. We could multifamily, yes. COMMISSIONER SCHMITT: Multifamily, yeah. Because that's -- all the objections we heard were basically that -- to stop it because of the proposed development but, like I said, the development could -- just for the record, again, the development could be built irrespective of the partnership. MR. YOVANOVICH: And let me -- and with that, I should have pointed out that as part of this project, we were required to give some right-of-way. COMMISSIONER SCHMITT: Yes. MR. YOVANOVICH: Some we got paid for, some we didn't, and we were also required to Page 76 of 95 Packet Pg. 80 May 18, 2023 5.A.a fixed our portion of the intersection improvements at Immokalee Road -- COMMISSIONER SCHMITT: Immokalee Road. MR. YOVANOVICH: --and Collier Boulevard based upon the 580 peak -hour trip cap. So we have basically paid for our traffic impacts already as part of this project. And since we're keeping with the same trip cap, there's no negative traffic consequences related to this. COMMISSIONER SCHMITT: Yeah. The other piece of it was, of course, the complaints, quote, the traffic impacts, but the traffic impacts have already been taken into account. MR. YOVANOVICH: Yes, sir. COMMISSIONER SCHMITT: And, I mean, when staff gives its presentation, if Mike wants to discuss improvements -- but as far as I understand, all the improvements are either planned or are taking -- are underway right now or have been completed, and the impacts of this project have pretty much been already baked into the entire process in regards to the analysis, other than, you know, if they do a flyover or whatever else they would do next. MR. YOVANOVICH: Right. N COMMISSIONER SCHMITT: So -- okay, thanks. c CHAIRMAN FRYER: Thank you. Mr. Yovanovich, to your knowledge, from Esplanade, are there any remaining objections? MR. YOVANOVICH: To my knowledge, no. CHAIRMAN FRYER: Okay. MR. YOVANOVICH: I can look to the team. Do we know of anything? MS. S14ARPE: I'll be speaking.00 MR. YOVANOVICH: Okay. Are there other issues? v MS. SHARPE: No, no. MR. YOVANOVICH: Okay, good. Thank you. CHAIRMAN FRYER: So the answer, sir? MR. YOVANOVICH: To our knowledge, no, and I think the representative from Esplanade will -- c CHAIRMAN FRYER: Okay. COMMISSIONER SHEA: But The Quarry still had the two issues with the traffic and -- CHAIRMAN FRYER: Lighting. a COMMISSIONER SHEA: -- getting in and out, and lighting on theirs. We got tons of v letters on that. M CHAIRMAN FRYER: Yeah, we did. And we'll hear public speakers, and we'll be able to 00 ask questions of them. Anyone -- COMMISSIONER SCHMITT: But The Quarry entrance is, of course, further to the east. CHAIRMAN FRYER: Well -- and the south. c COMMISSIONER SHEA: South of -- E E COMMISSIONER SCHMITT: South of the project. COMMISSIONER SHEA: Yeah. c° a COMMISSIONER SCHMITT: Yeah. CHAIRMAN FRYER: No one else is signaling at this time. Anybody else have questions for the applicant? COMMISSIONER SCHMITT: Do you have -- when I spoke to Lisa, and I -- just for the record, do you have any kind of architectural renderings of what's going to be built so it's clear that was -- that is the proposal for your client, or is that the proposal for -- MR. YOVANOVICH: That's for Habitat. COMMISSIONER SCHMITT: That's Habitat. Wow, those are pretty nice. When can I move in? MR. YOVANOVICH: That's -- they're both my client. COMMISSIONER SCHMITT: Oh, okay. MR. YOVANOVICH: But as far as -- Page 77 of 95 Packet Pg. 81 5.A.a May 18, 2023 COMMISSIONER SCHMITT: This is the -- this is the proposal for -- MR. YOVANOVICH: The apartments. COMMISSIONER SCHMITT: On the eastern side. Another piece. MR. YOVANOVICH: There. COMMISSIONER SCHMITT: Okay. Wow. CHAIRMAN FRYER: And the White/Peterman commercial is on the south end, and they've got market -rate housing in the middle; is that correct? MR. YOVANOVICH: So White/Peterman apartments -- CHAIRMAN FRYER: Yes. MR. YOVANOVICH: -- yes. CHAIRMAN FRYER: Are market rate, and they're in the middle. MR. YOVANOVICH: Market rate, yes. CHAIRMAN FRYER: And then to the south of that is commercial. MR. YOVANOVICH: There's -- yes, yes. There's an existing White/Peterman apartment N complex, and then there's commercial to the south. c COMMISSIONER SCHMITT: I'm sorry I'm asking again. But to the east, The Quarry, there are three- and four -level units back there at the back of The Quarry, are there not, if I recall? COMMISSIONER SHEA: They're single-family. COMMISSIONER SCHMITT: They're single-family, but just north of that is --are three- and four-story units? MR. YOVANOVICH: I believe this will show you what's -- CD COMMISSIONER SCHMITT: Yeah. Those are single-family there. v MR. YOVANOVICH: And you have the roadway. You have a lake. There's a substantial distance between our proposed project and what exists in The Quarry. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Thank you. No one else is signaling at this time. Unless you have anything further, Mr. Yovanovich, we'll hear from staff. MR. YOVANOVICH: Okay. CHAIRMAN FRYER: Mr. Bosi. MR. BOSI: Staff has reviewed the proposal against the LDC and the GMP. Staffs recommending approval with no additional conditions. CHAIRMAN FRYER: Thank you very much. MR. BOSI: Any questions, we'll be happy to entertain. CHAIRMAN FRYER: Questions from the Planning Commission? (No response.) CHAIRMAN FRYER: Apparently not. Ms. Pedron, what do we have by way of public speakers? MS. PEDRON: Mr. Chairman, we have Cheryl 011ila, followed by Kathleen Sharpe. CHAIRMAN FRYER: All right. And I'll ask you to spell your last name for us, please, ma'am, before you begin. MS. OLLILA: Good afternoon, Commissioners. My name is Cheryl 011ila. My last name is spelled 0-1-1-i-l-a. I'm a resident of The Quarry community, as well I serve as the president of The Quarry Community Association. The community is 900 homes directly east of this proposed project. When our community was notified of the proposed amendment of the Tree Farm MPUD, the developers, White/Peterman Property and Habitat for Humanity, conducted Zoom meetings for both the Esplanade and The Quarry with our residents, and our neighboring community, Esplanade, directly abuts the residential areas of the Tree Farm MPUD. Many of us attended the neighborhood information meeting in November, and we formed a working group of both Esplanade and Quarry board members and general managers to meet with the developers. We did so in January, and we have been consistent in our concerns and issues about Page 78 of 95 Packet Pg. 82 5.A.a May 18, 2023 this project. And with the recent build of the 340 Mark Lane Apartments by White/Peterman Properties just to the south that you referenced, this will put a total -- if this project is approved, this amendment, it will put a total of 580 new residential units that will greatly impact the back entrance to The Quarry community. Currently, that intersection of Collier Boulevard north and Weathered Stone Drive and Broken Back Road is a two-way stop which allows for a great deal of speeding along Collier Boulevard north, and this requested amendment will exacerbate the number of vehicles and speeding that will continue. The intersection is also impacted by the Blue Landscaping company which is off Broken Back Road. And their trucks are there at that intersection and along Collier Boulevard at peak hours of the morning and in the afternoon. As well, the Esplanade residents are more frequently using the back gate of their community, which goes onto Collier Boulevard north because it's a safer alternative to get to the w d traffic light at the intersection of Collier and Immokalee rather than using their front gate, which gets c onto Immokalee Road. We started meeting with the developers, as I said. We met in January. We thought we were making good progress with the developers, but while they were willing to add the landscaping, which is great, to address the concerns of the Esplanade community, they were unwilling to address the traffic and lighting concerns, the former of which was especially important to The Quarry, and the latter to both Quarry and Esplanade.00 While the Esplanade community did agree to the landscaping enhancements, The Quarry v community cannot support this project. We were asked to give unequivocal support to a construction and maintenance agreement that was presented to us, both Quarry and Esplanade, on April 24th, and we had three days to review and to sign giving our unequivocal support for this project, and the only thing it offered The Quarry was a contact person for when construction begins. Nothing to address our lighting concerns, nothing to address the intersection that I speak of. So we object to this amendment, and we would ask that the developers please agree to include commitments in the MPUD in addition to and above code minimum requirements to minimize traffic and lighting issues. We need to be assured that lighting on the eastern portion of a the property along Collier Boulevard north will not adversely affect the homes in The Quarry across v from Collier Boulevard north. M We also request that the TIS address impacts to the Collier Boulevard north Broken Back 00 Road/Weathered Stone Drive intersection from the increased units and have the applicant address activities to address the impacts now. The PUD must include language as to intersection improvement commitments to address impacts to that intersection with adjustments as appropriate at the SDP stage and with notice to The E Quarry of all SDP submittals. Finally, The Quarry requests assurances in the MPUD documents that there will be a sufficient landscape buffer on the eastern portion of the property along Collier Boulevard north. These requests will also assist and benefit the residents of the Mark Lane Apartments and, if approved, the residents of the White/Peterman and Habitat for Humanity residential units. As a fellow board member at The Quarry indicated to me, Naples did not become the beautiful city it is and Collier County by merely requiring minimum standards to be met. I thank you for your consideration of these important matters to both The Quarry and Esplanade community. Thank you. CHAIRMAN FRYER: Thank you, ma'am. Vice Chairman. COMMISSIONER SCHMITT: I have one question. Can you clarify, what are you asking for in regards to -- you made a statement with the traffic. I -- Page 79 of 95 Packet Pg. 83 5.A.a May 18, 2023 MS. OLLILA: Yes. The intersection at Collier Boulevard and Weathered Stone Drive and Broken Back Road at our back gate is currently only a two-way stop. Only Weathered Stone stops and Broken Back Road. Collier Boulevard north, you can just speed along until you hit that roundabout up at the Government Services Center and the Mark Lane Apartments. I'm not here to prescribe what -- you know, what the answer is. We met with Commissioner Saunders and Trinity Scott, Mike, and staff. And Trinity said, you know, don't say what the fix is, because it may be a different fix in the future, but I tell you that today it is becoming very unsafe at that intersection, and 580 new residential units -- COMMISSIONER SCHMITT: What intersection, at the -- MS. OLLILA: Collier Boulevard North, Weathered Stone Drive -- COMMISSIONER SCHMITT: Weathered Stone Drive. MS. OLLILA: -- and Broken Back Road. COMMISSIONER SCHMITT: Okay. MS. OLLILA: Yes. That's the -- it's only two -- it's only a stop sign two ways. And with N 580 new residential units, and you figure at least one car per unit -- because we don't have public c transportation there for sure -- most likely there are going to be two vehicles her household. COMMISSIONER SCHMITT: But you're asking -- MS. OLLILA: That puts a lot of traffic. COMMISSIONER SCHMITT: You're asking for -- MS. OLLILA: We're asking for an intersection analysis. COMMISSIONER SCHMITT: Okay.00 MS. OLLILA: Now. N COMMISSIONER SCHMITT: Okay. I understand. MS. OLLILA: Thank you. CHAIRMAN FRYER: Thank you, ma'am. Next speaker? MS. PEDRON: Our next speaker is Kathleen Sharpe. CHAIRMAN FRYER: Please spell your last name for me. m MS. SHARPE: Kathleen Sharpe, S-h-a-r-p-e. Good afternoon, Commissioners. I am a board director at Esplanade, which is a a community of approximately 1,200 homes. I'm here today speaking on behalf of our HOA, the v Esplanade HOA. M We began communicating with Habitat for Humanity last July trying to get an update and 00 project information as to the development that was going in. This led into other meetings with them. And we learned that there was a deviation from the original plan. And we met with White/Peterman. We partnered, then, with The Quarry to try to understand the project and to understand how it would impact our community. E As part of our due diligence, we had initial concerns regarding density and buffering, but as part of that diligence, the developer presented a plan and buffering improvements that satisfy our a concerns. So we -- in short, we support the proposed amendments to the Tree PUD. CHAIRMAN FRYER: Thank you, Ms. Sharpe. Next speaker, please. MS. PEDRON: Our next speaker is Kathleen Wolfson. She's an online speaker. CHAIRMAN FRYER: Ma'am, would you spell your last name, and then you have the floor. Online speaker, can you hear me? (No response.) MS. PEDRON: Kathy, go ahead and unmute your microphone. CHAIRMAN FRYER: Next speaker, please. MS. PEDRON: We do not have additional speakers at this time. Page 80 of 95 Packet Pg. 84 5.A.a May 18, 2023 CHAIRMAN FRYER: Okay. All right. MR. YOVANOVICH: Mr. Chairman, may I just correct a fact that the first speaker said. CHAIRMAN FRYER: Go ahead. MR. YOVANOVICH: The entire project is 580 units. The actual net increase is 120. It's not -- CHAIRMAN FRYER: And that includes 360 in White/Peterman, I think. MR. YOVANOVICH: There's -- yes. There's going to be 240 units in the combined project, of which 120 are already approved. So it's really only an increase of 120. And what we've said -- and the way it works is when we go in for our Site Development Plan, we will go through a site -related improvement analysis with Collier County, and we're perfectly willing to do that. We are not willing to fix someone else's broken problem. We are always willing to address our project's impact to the transportation system. And that's kind of where things broke down is we were not willing to absorb anything above and beyond what the normal analysis will require. CHAIRMAN FRYER: Okay. Let me -- and I'll let you finish your rebuttal if you wish. N Anybody in the room who's not registered, nonetheless, wishes to be heard in this matter, c please raise your hand. MR. YOVANOVICH: I'm sorry. I thought we were past that. CHAIRMAN FRYER: No, that's all right. Seeing none, we'll close the public comment portion of this hearing, and you have the floor for rebuttal. MR. YOVANOVICH: And I just wanted -- I just wanted to address that one point. I think00 that this is probably -- well, I know it's one of at least two projects where Habitat is working with, v you know, market -rate developers to come up with ways to address an important issue of affordable housing, and I think that this type of arrangement should be encouraged. And we're addressing an W important -- important need through this project. And we've paid for the traffic impacts for this project with the improvements at the intersection, and we will go through a site analysis to address any other site -related improvements that this project may cause. m Your staffs recommending approval, and we're requesting that the Planning Commission forward this with a recommendation of approval. a CHAIRMAN FRYER: Vice Chairman. v COMMISSIONER SCHMITT: Yeah. Just for traffic purposes, maybe, Rich, you don't M know, but staff or -- if I'm on Collier Boulevard and I go north, is -- Torre Vista, is that a gated 00 entrance into the Esplanade? UNIDENTIFIED FEMALE VOICE: Yes. COMMISSIONER SCHMITT: That's gated. The answer is yes, for the record. As well c as -- was is it, Weather -- COMMISSIONER SPARRAZZA: Weathered Stone Drive. COMMISSIONER SCHMITT: Weathered Stone Drive. Oh, Weathered. That's gated as well? So those communities have options -- of course, from the -- to avoid that Collier Boulevard. It sounds, from what I heard from -- the speakers say, that the preference now is coming out of Weathered Stone and heading south to the intersection rather than going out the main gate. Likewise, I would assume from the Esplanade, they're going out the main gate. They're not coming out onto Collier Boulevard. Is there much traffic coming out of that side? MS. SHARPE: We mainly use our back gate. We can't get out on Immokalee. CHAIRMAN FRYER: I'm sorry. We're going to have to ask you to come up on the podium -- COMMISSIONER SCHMITT: These are good questions. CHAIRMAN FRYER: -- which you may do if you wish. Come on up. MS. SHARPE: Are you asking me to come up? Page 81 of 95 Packet Pg. 85 5.A.a May 18, 2023 CHAIRMAN FRYER: Yes. We can close the public comment portion but then invite people back up. Go ahead. COMMISSIONER SCHMITT: So what I heard from both speakers, the preference for both communities, you're going east and then down Collier Boulevard. You're not trying to get out your main gate onto Immokalee. MS. SHARPE: Not during busy season, correct. We got -- COMMISSIONER SCHMITT: Likewise with The Quarry. So out of choice, it sounds like both communities are -- one's heading west, the other's heading east and coming down Collier, eventually merging with the results of this development as well. MS. SHARPE: Yes. CHAIRMAN FRYER: Thank you. COMMISSIONER SCHMITT: Norm --Norm, can you --can I ask just --I want some traffic -- what did -- what did your analysis do? Did you analyze the traffic and account for those choices that drivers are making from both communities to go to Collier Boulevard? N MR. TREBILCOCK: So in the PUD traffic study we did, we really just looked at what's c the differential traffic. We have it. As long as we're under the trip cap, then we're okay. The communities had looked at and asked about what are the impacts here at this particular intersection. That really is something that we normally do as part of site development analysis and not here; however, as an additional level of analysis, we did go ahead and take a look, and we did some peak -hour traffic counts right there at that intersection and did analysis. COMMISSIONER SCHMITT: That's the intersection of -- 00 MR. TREBILCOCK: Yes, sir, at Weathered Stone. v COMMISSIONER SCHMITT: -- Weathered Stone. MR. TREBILCOCK: Exactly, and Collier Boulevard. It's not a part of this PUD W assessment, because it's really normally part of a site development. But we did hear the community and their concerns and stuff, and so we have provided that analysis to staff to review. But that's something we would commit to doing when we do the Site Development Plan as well. But in our analysis, there is -- there's not a particular level -of -service issue there. And what m we would do is take care of any committed turn lanes that we need to do or any extensions that may 22 need to be needed for the added units that are going to use that access point. We do use the access a point to the south, as Rich mentioned, and so there's only, you know, a bit of a delta of traffic. The v whole 580 isn't using that one particular location. And Esplanade is using that back area as per the cUY, original plan for Esplanade, because that's really their only way to get to the full signal, because 00 right now there's a directional. But if you look at the master plan for Esplanade and the PUD for Esplanade, the plan is being followed. And so there is a good amount of their traffic, a good percentage, that is using Collier Boulevard, as was planned for it, because Collier Boulevard is a public roadway, and so it's using E public lighting. At the roundabout there, those mounting heights of those lights are 35-foot mounting height. Our development will be limited to, by code, 25-foot maximums so we're 10 feet a lower than the lighting that's going to be directly adjacent to The Quarry. So from that standpoint, that's why it seemed that the code really does address what they're looking for as a community. COMMISSIONER SCHMITT: Will the shrouds be down -- direct light downward instead of outward? I'm trying to -- MR. TREBILCOCK: Yes, and -- COMMISSIONER SCHMITT: But I want to ask another question. MR. TREBILCOCK: Okay. COMMISSIONER SCHMITT: Broken Back Road, the only people that use Broken Back, then, is the Blue Land -- Blue -- MR. TREBILCOCK: It would be a combination -- let me see if we have it up here shown. COMMISSIONER SCHUMACHER: It would be a combination of Blue and them. MR. TREBILCOCK: Yeah, it's a combination. Page 82 of 95 Packet Pg. 86 May 18, 2023 5.A.a COMMISSIONER SCHMITT: Blue Landscape, is there any -- there are no residents back there, are there? MR. TREBILCOCK: Back in here, no, minimal -- minimal amount of stuff, but that is -- they're the predominant folks back in there. COMMISSIONER SCHMITT: Okay. MR. TREBILCOCK: And so when we did our counts and everything -- and any future counts we'll do will take into account all of those folks. And so, again, we're essentially willing to do that, and we'll prepare that at the -- but the proper time is really the site development and we'll, as Rich mentioned, make any improvements that we need to do that we're triggering, and we're willing to do that. COMMISSIONER SCHMITT: But Broken Back Road will still be a through road through this PUD? Is it, or is it gated? MR. TREBILCOCK: No. That's a -- there's a temporary condition, I believe, of some construction traffic from the development, but it will just be the lands to the west there, which is, like you said, the Blue Landscaping folks. But our -- it's part of our connection to that area, and then Esplanade is -- is their entrance is the Torre access to the north. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Thank you. MR. TREBILCOCK: Yes, sir. CHAIRMAN FRYER: Further questions or comments from the Planning Commission? (No response.) CHAIRMAN FRYER: Any further rebuttal from Mr. Yovanovich? COMMISSIONER SCHMITT: Let me just ask again about the lighting. The concerns about the lighting, these are just typical normal 20-foot poles, downward directed lighting, or what's the plan? MR. TREBILCOCK: So we're limited to 25-foot -- COMMISSIONER SCHMITT: Twenty-five, okay. MR. TREBILCOCK: -- height fixture. I can tell you, you know, having a standard of incorporating a full cutoff fixture with a bug right -in [sic] where the U is equal to zero with no uplighting would be a reasonable proposal to help further that -- any of those concerns there from the community. I think that would really address it because, again, right next to us -- here we are. Next to us it's -- those lights are 10 feet higher right now, the ones at the roundabout. COMMISSIONER SCHMITT: On Collier Boulevard? MR. TREBILCOCK: And usually the county lights will be 40 to 45 feet, but the county did bring it down. And those are full cutoff fixtures. So they're not creating any issues or anything. But they're 10 feet higher than us, and then their community's right there. And it's 100-foot right-of-way. So I believe if we stick with our standards and we do a-- we can agree to a full cutoff fixture, I believe that will really address things for the folks. COMMISSIONER SCHMITT: Okay, thanks. CHAIRMAN FRYER: Thank you. Commissioner Schumacher. COMMISSIONER SCHUMACHER: Can we go back to the slide showing the apartments themselves, not Habitat's, but the -- MR. YOVANOVICH: What they look like? COMMISSIONER SCHUMACHER: Yeah, Building 1, 2, and 3. Okay. So those 1, 2, 3 -- so those are four stories. So The Quarry's concern with the light spillage is in addition to, because when you look at the site map, I don't see any type of buffer here with those units that are looking to the east. So they're kind of overshadowing those houses that sit on their retention pond or lake on The Quarry side. Do you see where I'm getting from -- MR. YOVANOVICH: I do. COMMISSIONER SCHUMACHER: -- the light spillage? But I'm trying to understand. Page 83 of 95 Packet Pg. 87 May 18, 2023 5.A.a I understand bring down the lights, but -- MR. YOVANOVICH: I don't understand their concern about 100-foot right-of-way, their lake, and how our apartments are somehow going to spill light into their homes. We don't see it. COMMISSIONER SCHUMACHER: Okay. CHAIRMAN FRYER: All right. Thank you. No one else is signaling at this time. Anything further, Mr. Yovanovich? MR. YOVANOVICH: No, sir. CHAIRMAN FRYER: Okay. Then it would be appropriate for us to take the matter into consideration and have a motion. COMMISSIONER SCHUMACHER: Chair, I think the traffic is what -- the main concern from -- all of the responses I've received and inquiries has all been related to traffic upon this road. So that road is a two-lane road as it stands now from -- Mike, from the county's standpoint, is there any improvements coming to that road at any point in time? No. MR. BOSI: None that I know of. None that I'm aware of. c COMMISSIONER SCHUMACHER: Because both communities are utilizing that road, because it is more efficient than going out to Immokalee because of the amount of traffic on Immokalee. I know Vanderbilt's coming down the road, and that's still a couple years away, but still, it's -- I would think the level of service there -- MR. BOSI: As a local road, there's no level of service that's associated with that road. MR. YOVANOVICH: And, Mr. Schumacher, we've already paid for those impacts on that00 road, and we'll do that through impact fees as well. So we are paying our share. v COMMISSIONER SCHUMACHER: No, I understand. I'm not questioning that at all. I'm just also looking forward to your residents as well, with the amount of traffic on that road. I W mean, I've been out there on a Monday morning and watch cars wait three cycles to get through. So... CHAIRMAN FRYER: Yes, ma'am. MS. LANTZ: Hi, sorry. I'm going to -- I had a -- I was asked to -- CHAIRMAN FRYER: Your name one more time. MS. LANTZ: Okay. Lorraine Lantz, Transportation Planning. Let me move this onto the presentation mode. I was at the meeting with The Quarry and the residents -- or the homeowners associations with Esplanade, so they've already seen some of this presentation. Some of their comments and questions were in regards to what was going on our facilities or on our network. That would alleviate some of the traffic congestion. And so these are some of the Long -Range Transportation Plans that are in the works, and these are the cost feasible plans. The widening of -- or the extension of Collier Boulevard north to connect to Logan, if you will, and then connect onto Bonita is a need. It's a transportation need. It is not a funded project. So while the MPO will do their long-range plan, update, and amendments, it might move forward, and it might move into something that's funded. It is not at this time. So that project is very long-range. There's issues with that, environmental concerns as well, as well as Bonita only wants one connection to Bonita Beach Road. I have also some of the network which shows Collier County's transportation plan for the next several years. You can see that most of the work is being done in the eastern area, but it will alleviate Collier -- it will alleviate Immokalee Road. And the big alleviator is Vanderbilt Beach Road extension. We feel that that will do approximately 20 percent of a reliever of Immokalee -- Immokalee Road traffic. And once that comes online, we will really see some of the benefits to all of our network. The future of Collier and Immokalee Road will be an overpass and, as Rich mentioned, that is something that we are planning for, but that is -- again, that's something that's long-range. It's not necessarily in the plan for it to be constructed today. Page 84 of 95 Packet Pg. 88 5.A.a May 18, 2023 As part of my projects with Collier County, I was doing a lot of studies, and we did look at Immokalee Road from Livingston to Logan, which really is considerably a level -of -service of D. We're expecting that to be -- to fail, and so we have a lot of programmed projects for the area. The first project that is actually funded with some grants, through construction from FDOT grants, is a shoulder project. This is for -- to relieve the eastbound traffic from Logan all the way to 1-75. Right now there's a right -turn lane. We are proposing to make that a through lane or right turn. So it would, in essence, give an addition lane for capacity. So as I said, that is funded for design and construction within the next five years. We also are recommending an overpass. The Board of County Commissioners has approved that. So we are starting the construction of that for Livingston and Immokalee, so that project will help alleviate congestion as well. We've made some -- COMMISSIONER SHEA: When you say "starting construction," has it been designed? MS. LANTZ: So we are -- we're moving -- I'm sorry if I said -- it's moving forward for design. The design is funded. It's in the next five-year work program, and we're looking for w d construction to begin in that work program. I apologize if I misspoke. I'm sorry. c CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Oh, I'm sorry. I didn't turn it off. CHAIRMAN FRYER: Okay. No problem. COMMISSIONER SHEA: I'm good. Thank you. CHAIRMAN FRYER: Any other questions or comments? CD COMMISSIONER SCHMITT: Yeah, I would -- let's go over the rest of these. v MS. LANTZ: Sure, sure. So we are recommending some other projects as facilities are being programmed. We're recommending some turn -lane improvements and some at -grade W facilities for capacity through all of the intersections along Immokalee Road. One of our bigger recommendations was to work with FDOT, Florida Department of Transportation, for a diverging diamond interchange at I-75 and Immokalee. So that is one of the projects that we -- or the Board of County Commissioners has recommended. It is programmed m for -- or it is in the long-range plan for design. COMMISSIONER SHEA: Is that in the county's plan? Has the state bought into that a since it's their highway? v MS. LANTZ: So the -- let me -- I'll move through -- some of our other things where M capacity projects for right -turn lanes and extensions and widening, like that. 00 FDOT has their own work program, and they're currently -- they have their projects that they're working on, but mainline 1-75 is their biggest. They have with -- Governor DeSantis is moving forward -- Florida initiative, there are several projects. In Collier County there are four projects. E So mainline of 1-75 is one. 1-75 with a diverging diamond very similar to what we had recommended at Immokalee is also recommended at Pine Ridge, and that is, we believe to be -- with a this legislation to be forwarded -- to be funded. 1-75 all the way mainline in Collier County, basically Golden Gate Parkway through Collier County, as well as 29, two projects in 29 -- on State Road 29. COMMISSIONER SCHMITT: Well, what about the interchange -- since you showed the state, we have the interchange at Collier and 75. MS. LANTZ: Oh, Immokalee and 75 or Collier Boulevard? COMMISSIONER SCHMITT: No, I'm talking Collier and the state. COMMISSIONER SPARRAZZA: Exit 101? MS. LANTZ: Yep. That is under construction -- or that is in design. That will be constructed. I believe it is moving forward to start construction shortly. It's a design -build construction. So it is -- but it is in their work program to be designed and constructed, sorry. COMMISSIONER SCHMITT: All interesting, but what can we do right now at Collier Page 85 of 95 Packet Pg. 89 May 18, 2023 5.A.a and Immokalee? MS. LANTZ: FDOT has put on as their projects -- as their proposed projects, or as improvement projects, I-75 at Livingston -- I-75 at Livingston as one of their proposed projects. It is not funded at this time. We are still providing -- moving forward with grant opportunities and other opportunities to get that -- I-75 and -- I-75 and Immokalee. I apologize. I'm sorry. It's been a long day. I apologize. COMMISSIONER SHEA: I thought they went in opposite -- same direction. MS. LANTZ: So we're looking for -- we are moving forward with the overpass at Livingston -- excuse me. We're moving forward with Immokalee and Livingston as the overpass, and we are looking for them to forward -- or to fund the I-75 diverging diamond interchange. That is something that they have proposed, but we have not seen the funding move forward. COMMISSIONER SCHMITT: Is there right-of-way available if there were improvements to be made on this section going north on Collier from Immokalee that we were talking about? This is -- it's deemed a local road. Does the -- has the county done any analysis to determine N whether -- improvements of that section of Collier Boulevard that we were talking about for c improvements? MS. LANTZ: So you're talking about operational improvements? COMMISSIONER SCHMITT: Yeah. MS. LANTZ: So that would be something that would be operationally done with the TIS and to look at. When we had our meeting, we were saying, wait until some of that -- the Site Development Plan comes in to look at opportunities for that. It could be widening or it could be00 turn lanes, and other smaller opportunities. To actually widen and to connect to Collier -- from v Collier to Lee County, though, is COMMISSIONER SCHMITT: Of course, we had one of the speakers say we'd like to W include some kind of a traffic analysis from the entrance off of this project, and I assume off The Quarry as well, as part of this -- the county to commit to looking at traffic improvements. Do you have any comments on the recommendation from the resident that spoke? MS. LANTZ: We feel that that is more of the -- when a Site Development Plan comes in, m to look at that -- at that time as well as operationally. COMMISSIONER SCHMITT: Okay. a CHAIRMAN FRYER: Thank you. v COMMISSIONER SCHMITT: I guess it's not in the immediate future, then. I mean, it's M Site Development Plan -- I don't know what the plans are for developing of this after it's approved, 00 but you're probably at least two years out before moving forward. UNIDENTIFIED SPEAKER: We'd like to get through everything and start construction next year. c MR. YOVANOVICH: Mr. Schmitt, the goal is to start the Site Development Plan process E immediately -- COMMISSIONER SCHMITT: Yeah. Q MR. YOVANOVICH: -- and hopefully be under construction within a year. So it's not something that's out in the future to analyze this issue. COMMISSIONER SCHMITT: And both developers, Habitat and -- MR. YOVANOVICH: We will do -- we're going to do the required transportation analysis that every other developer goes through. COMMISSIONER SCHMITT: Yes, okay. MR. YOVANOVICH: That's what we're going to do. COMMISSIONER SCHMITT: All right, thanks. CHAIRMAN FRYER: Commissioner Schumacher. COMMISSIONER SCHUMACHER: This is a question for staff. So when you review their traffic study as it comes in during the SDP, do you go out there and review it or say, hey, at this meeting, there's obviously conversation that there's a lot more cars going through this section than Page 86 of 95 Packet Pg. 90 5.A.a May 18, 2023 originally, kind of intended, due to the construction -- or due to the congestion on Immokalee Road so, therefore, these two communities utilize these back gates more than, perhaps, was anticipated. MS. LANTZ: So we would look at their impacts of what's going on. What they are saying -- if they're doing a model analysis of where their traffic is coming, if it's back gate, if it's front gate, and look at that, and make some recommendations for operations at that time, yes. COMMISSIONER SCHUMACHER: All right. CHAIRMAN FRYER: Thank you. Anything further from up here? (No response.) CHAIRMAN FRYER: If not, I'd entertain a motion. COMMISSIONER SCHMITT: Well, maybe I'll make a comment. I mean, this is a great example of a developer partnering with Habitat to create what we know is needed in this county -- it's been talked about and talked about -- and that's affordable housing. Of course, we're dealing with the impacts, and Immokalee Road and Collier Boulevard, it's a pretty significant impact. I mean, it is. It's -- but I don't have an answer to that. It's been N analyzed. It's being studied. There's improvements. But be that -- I really don't want to put at c risk a proposal that I think is beneficial to this county. So I would make a recommendation to propose for -- recommend approval as proposed. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SPARRAZZA: Second. CHAIRMAN FRYER: Further discussion?00 (No response.) v CHAIRMAN SAUNDERS: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? COMMISSIONER SCHUMACHER: Nay. CHAIRMAN FRYER: It passes by a vote of 4-1. a Thank you very much, applicant, staff, members of the public, and Planning Commission. v MR. YOVANOVICH: Thank you. M CHAIRMAN FRYER: Thank you. 00 ***All right. Coming upon our last. PL20220003327, the 13385 Collier Church Conditional Use. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Disclosures, ex parte, please, starting with Ms. Lockhart. MS. LOCKHART: Staff materials only. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Matters of public record and meeting with staff. COMMISSIONER SCHMITT: Staff materials only. COMMISSIONER SPARRAZZA: Staff materials only. CHAIRMAN FRYER: Thank you. COMMISSIONER SCHUMACHER: Oh, staff materials only. Sorry. CHAIRMAN FRYER: That's all right. Thank you. The Chair recognizes the applicant. COMMISSIONER SCHMITT: I'm sure Jessica enjoyed the afternoon. MS. KLUTTZ: Oh, yes. So good afternoon, everyone, the Board. My name is Jessica Page 87 of 95 Packet Pg. 91 5.A.a May 18, 2023 Kluttz. I am a planner with Davidson Engineering. I am here with the applicant, James McCaa, representing the Central Church of Christ of Naples, and we're going to be presenting our conditional use for a church located 13385 Collier Boulevard. So here you can see an aerial of our project location. We're just north of the intersection of Pine Ridge Road and Collier Boulevard, and the site is approximately 2.15 acres. This -- COMMISSIONER SCHMITT: Can you go back --just go back one again. MS. KLUTTZ: Of course. COMMISSIONER SCHMITT: I just wanted to make sure I orient myself. I looked on the map, but this -- okay, thanks. MS. KLUTTZ: So our proposed conditional use is to allow for a church in the Estates zoning district as required by the Land Development Code, and we believe that this land is eligible for a conditional use per the Urban Golden Gate Estates sub -element of the Growth Management Plan per Section (13)(1)(a)(3)(b), or Page 14. This section states that the property located on Collier N Boulevard identified as Golden Gate Estate, Unit 1, north 150 feet of Tract 114, less the c right-of-way, shall be eligible for a conditional use. And per the Official Records Book 4, Page 75, that is our legal description. So this is the property referenced in the Growth Management Plan for a conditional use. We also believe this conditional use is exceptionally compatibility with the surrounding area because we have a church use permitted to both the north of our property and south of our property, and to the east we abut Collier Boulevard, and we have an Estates -zoned property to the west with a00 residential development on it. Ln v So the conditions of approval for this would be that only the Central Church of Christ of Naples shall utilize this site, so it cannot be utilized by any other church organization. W The number of the seats within the church should not exceed 125 seats. There's going to be S no outdoors events or outdoor sound amplification permitted on the site, and this is going to allow one principal structure that is no larger than 6,750 square feet on the site. And church services are to only be held on Sundays between the hours of 9:00 a.m. and 1:00 p.m., and Wednesdays between the hours of 6:00 p.m. and 9:00 p.m. We also propose that a quarterly meeting is permitted on the site. a And for traffic, the maximum total weekday trip generation for the proposed development v shall not exceed 13 two-way p.m. hour net new trips. cUY, So here you can see on the screen we've provided our concept plan. This follows, 00 essentially, the code standards for Estates zoning. Providing parking at a ratio of three spaces per seven seats within the church at the supposed max buildout of 125 seats, and the building will be no larger than 6,750 square feet. And the included uses are a worship area, a classroom area only to be used during the service times, a bathroom, a small room to prepare communion, and then a front E lobby. CHAIRMAN FRYER: I'm going to ask if I can interrupt you, please -- Q MS. KLUTTZ: Of course. CHAIRMAN FRYER: -- and ask a question about the condition to the Conditional Use No. 4, which is a sentence that may be a little ambiguous; at least it's caused some confusion on my part. It says no special events, comma, outdoor events, comma, or outdoor sound amplification will be permitted. No special events will be permitted? MS. KLUTTZ: No. So no outdoor events such as, like, a festival or an outdoor wedding. CHAIRMAN FRYER: So what you mean to say is no outdoor special events? MS. KLUTTZ: Yeah. CHAIRMAN FRYER: Okay. So we'll add the word "outdoor" here. So things like weddings, I believe, are considered customary accessory uses, and so there would be no limit on those as proposed? MS. KLUTTZ: The proposal is just so that everything is self-contained within the building Page 88 of 95 Packet Pg. 92 May 18, 2023 5.A.a and that there are no impacts to the neighbors. CHAIRMAN FRYER: Well, I mean, there would be a traffic impact, yeah. And I'm not trying to be argumentative or -- MS. KLUTTZ: No, of course. CHAIRMAN FRYER: -- to ask you to contract your request. I just want to be sure I understand. So No. 4 would say "no special outdoor events," well -- and then it says "outdoor events." COMMISSIONER SHEA: The screen is different from what you're reading. CHAIRMAN FRYER: No outdoor events or outdoor -- that's clearer on what -- okay. This came, I think, from the NIM synopsis. So I'll go with this language, which is clearer. No outdoor events or outdoors sound amplification should be permitted. Okay. So as far as indoor events are concerned, there's a limit on church services, but otherwise no limit? MS. KLUTTZ: It's still limited to 125 users. CHAIRMAN FRYER: Yeah. But I'm talking about the number of events. MS. KLUTTZ: They would have to take place during those hours, but I don't think this would place a limit on the number of events. It is a small congregation. And in our backup package, we have this exact language listed as the official conditions of approval that was approved by staff. CHAIRMAN FRYER: I'm not --I'm not suggesting that's good or bad. I'm just looking for clarity -- MS. KLUTTZ: I know. CHAIRMAN FRYER: -- right now on what you're proposing to do. So we could expect weddings, perhaps, what, christenings, baptisms, things of that nature. What about counseling? MS. KLUTTZ: No. There would be no counseling, no food banks, no external services from the church other than the masses and the accessory uses. CHAIRMAN FRYER: Okay. Yeah, well, counseling could be construed as an internal church function. MS. KLUTTZ: We'd be happy to add no counseling or mental health services as an additional condition. CHAIRMAN FRYER: Okay. And the limitation to the size of your congregation, the only practical way to get at that is limit seating, right? MS. KLUTTZ: Correct. CHAIRMAN FRYER: Yeah. Okay. Those are my questions and comments. COMMISSIONER SHEA: So if you're having a wedding, it's going to be either between 9:00 and 1:00 on Sunday or 6:00 and 9:00 on Wednesday? MS. KLUTTZ: Those are the standard church hours, yes. COMMISSIONER SHEA: I mean, it says "services," but any other events would also be limited to those same two blocks of time? MS. KLUTTZ: Yes. COMMISSIONER SHEA: No other days during the week will you have anything going on? MS. KLUTTZ: No, that's -- COMMISSIONER SCHMITT: Weddings are typically on Saturday morning. COMMISSIONER SHEA: Well, that's what I'm talking about. But I think she said it was going to be during those hours, which is Monday -- or Sunday and Wednesday. CHAIRMAN FRYER: I mean, we don't want to overly tie your hands. I think -- MS. KLUTTZ: No. COMMISSIONER SHEA: We want to understand. MS. KLUTTZ: I mean, we could reword this to just say, "church hours, including services, to only be held on those hours." Like I said, this is a very small congregation, and these are the Page 89 of 95 Packet Pg. 93 May 18, 2023 5.A.a conditions that they want to impose on themselves. They don't want to cause a distress, and the traffic impact statement was based on these conditions and these hours. CHAIRMAN FRYER: Okay. All right. COMMISSIONER SCHMITT: I find no objection to a Saturday morning wedding. CHAIRMAN FRYER: Neither do I, but one's not being asked for. MS. KLUTTZ: Correct. CHAIRMAN FRYER: Okay. Vice Chairman. COMMISSIONER SCHMITT: Yeah. I have -- again, this is an access onto Collier Boulevard. And you were here for the entire conversation we had. And here's my concern: Well, what, 50 feet up the road is the access to another church. Can staff explain to me, please, how we're approving -- what's the approval process? Are there any other options? Because I see two -- two access points on a road that is, basically, we talked about access restricted. So -- can staff please clarify. COMMISSIONER SHEA: It's actually three, because there's a church on the north -- COMMISSIONER SCHMITT: Well, the church on the south actually comes in off of 5th -- I think it's off of 4th Avenue. I already looked at the aerial. CHAIRMAN FRYER: Mr. Sawyer. MR. SAWYER: Yeah. Again, for the record, Mike Sawyer, Transportation Planning. We are required, when a petition comes in for anybody, that we do have one access point to a public roadway. This is an isolated parcel. It does not have another option. So in this particular case, this is the only option that we've got available for this particular applicant. COMMISSIONER SCHMITT: Are there --are there --I'm looking at the distance just to the north from the other entrance -- and I'm looking at an aerial here, and, I mean, obviously there's going to have to be some kind of improvements to allow ingress and egress into this site. MR. SAWYER: Yes. They're going to be extending the existing turn lanes. COMMISSIONER SCHMITT: I don't see that on the concept plan, though. I don't see any type of movements. Oh, is that -- okay. MR. SAWYER: Where you see the turn arrows, that is actually the turn lane. COMMISSIONER SCHMITT: Oh, that's -- so that's now the construction of a turn lane. COMMISSIONER SCHMITT: It's going to be required? MR. SAWYER: Yes, sir. COMMISSIONER SCHMITT: That is in the county right-of-way, but it not on the neighboring property? MR. SAWYER: Correct. COMMISSIONER SCHMITT: I mean, the ideal would have an interconnect between the two properties, but that would -- that would put in -- impose a requirement onto the neighbor. And I agree with you, it's an isolated lot. We have to allow access. I mean, that's a state statute. But the requirement -- I clearly want to identify that it has to go through the SDP process for the proper right turn in, and it would only be right turn in, right turn out? MR. SAWYER: Correct. COMMISSIONER SCHMITT: There would be no -- MR. SAWYER: And that would be done at -- COMMISSIONER SCHMITT: -- no need, no requirement -- or, basically, no full opening? MR. SAWYER: Correct. Definitely. COMMISSIONER SCHMITT: Is there anything that would have to be done for an acceleration lane coming out to go south? MR. SAWYER: No. Actually -- that's actually going to wind up being a continuous turn lane now for all three churches. (Simultaneous crosstalk.) COMMISSIONER SCHMITT: Well -- but there's no access. The third church doesn't Page 90 of 95 Packet Pg. 94 May 18, 2023 5.A.a come off of Collier Boulevard. another. CHAIRMAN FRYER: I'm going to ask all of us to be careful not to speak over one MR. SAWYER: I apologize. COMMISSIONER SCHMITT: Terri, I -- MR. SAWYER: Sorry, Terri. COMMISSIONER SCHMITT: The church to the south comes off of 5th Avenue Southwest. MR. SAWYER: Correct. But I believe that there is still a turn lane that -- COMMISSIONER SCHMITT: Is there really? MR. SAWYER: -- is continuance through there. COMMISSIONER SCHMITT: I don't think so. COMMISSIONER SCHUMACHER: Well, there would be a right -turn lane into 5th, correct? COMMISSIONER SCHMITT: That's a right turn onto 5th. MR. SAWYER: Onto 5th, yes. COMMISSIONER SCHUMACHER: Into 5th, and this turn lane's going to tie into that turn lane? MR. SAWYER: Absolutely. COMMISSIONER SCHMITT: Oh, okay. So all three will -- it will be one turn lane? MR. SAWYER: Correct. COMMISSIONER SCHMITT: And the applicant agrees to the required improvements? MS. KLUTTZ: Yes. COMMISSIONER SCHMITT: Will this require approval by the Board from a standpoint of the access -- what did we call it, restricted access onto Collier Boulevard? CHAIRMAN FRYER: The policy? COMMISSIONER SCHMITT: The policy. MS. KLUTTZ: Well, we are -- this is our only ability for access, so I don't think it can be denied. COMMISSIONER SCHMITT: No, I don't either. CHAIRMAN FRYER: It's probably a built-in exception to the policy. COMMISSIONER SCHMITT: I think it's clear -- no, I know we have to -- state law requires access to the property. I'm just trying to figure out another way to do it. But if the lane -- the traffic lane improvements satisfy the county requirement, I'm good with it. MS. KLUTTZ: Yeah. We will make sure that it satisfies the county requirements and the road requirements at the time of SDP. CHAIRMAN FRYER: Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. I'd like to back up a couple of slides to your conditions, if we may. Thank you. Right there. As we were talking about it -- and I may be out of school here -- it seems as if you truly are limiting anything and everything you can do outside of these, what is it, seven hours of operation. And before this gets put into writing and possibly approved here and going before the Board, is that truly your intentions? As we discussed, if somebody wanted a church service wedding on Saturday at 1:00, that you would not be able to do that? MR. McCAA: I haven't -- (Simultaneous crosstalk.) CHAIRMAN FRYER: You can't speak from back there, sir. MR. McCAA: I haven't been sworn in. CHAIRMAN FRYER: Well, we'll swear you in, and then you can speak. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the Page 91 of 95 Packet Pg. 95 5.A.a May 18, 2023 truth, the whole truth, and nothing but the truth? MR. McCAA: I do. CHAIRMAN FRYER: State your name, please. MR. McCAA: James McCaa, M-c-C-a-a. CHAIRMAN FRYER: Thank you. MR. McCAA: We have been meeting as a group for 11 years. We've had weddings, but we've never wanted to have it necessarily where we're worshiping. It's always been that someone's got another venue elsewhere. We've had -- gatherings with individuals or usually done in homes. What we are is a very conservative church, and we're trying to create a precedence where we have a permanent location. Currently we meet in a house now. So out of about close to 11 years, we've never had a wedding, you see what I'm saying, in that situation? COMMISSIONER SHEA: Did you ever have a church? MR. McCAA: We do have a church, and even my son-in-law's performed weddings, but it hasn't been on location. And so that's what I'm saying. It's not something that the building's N necessarily required for that. c And, again, we may be a little bit unique. We're conservative in the sense that we're a cappella. We don't use instruments. We don't think we have the right to conduct business outside of the Lord's business, and so we are very conservative in that way, so... CHAIRMAN FRYER: Thank you. Vice Chairman, go ahead. COMMISSIONER SCHMITT: No outdoor events. I want to make sure -- I'll give you a00 scenario. You're going to all meet at the front of the church and have a procession, whatever it may v be, Good Friday or Easter or whatever. If you so choose to do that, I don't want this to prevent you from doing something like that where 125 parishioners are outside and then you have a procession, W May Day or whatever -- whatever it may be that's an outdoor event -- but I certainly believe that that would be allowed. MR. McCAA: I appreciate that. I just know that our common practice has always been -- and basically what we're saying is, if we did a wedding, it would be the exception. It's definitely not the rule. It hasn't been in almost 11 years. COMMISSIONER SCHMITT: The conditions of approval are in the zoning, and I just a don't want -- v MR. McCAA: Right. M COMMISSIONER SCHMITT: --and I just don't want --these are pretty restrictive. And w no amplified sound is fine. No outdoor events, but -- MR. McCAA: If we found ourselves where someone said, listen, we wanted to have -- because we're a member here, we want to have a wedding here, they would probably still be elsewhere having a representation. E COMMISSIONER SCHMITT: Oh, absolutely; understand that. MR. McCAA: So what I'm saying is it would still be inside venue -- Q COMMISSIONER SCHMITT: Right. MR. McCAA: -- and that would be it. COMMISSIONER SCHMITT: But the -- this doesn't allow that. I'm saying if you have a congregation, and 50 people come on a Saturday morning for a wedding, we've got to make sure this allows that. This says, basically, you're only going to meet on Sundays and Wednesdays. And if you want to have a wedding on Saturday, you're going to conduct it inside. You do the wedding ceremony, exchange vows, and they go to the fire hall for the reception -- COMMISSIONER SHEA: But they still can't have the wedding inside unless it's during that same hours. CHAIRMAN FRYER: I'm going to raise a point of personal privilege here. COMMISSIONER SCHMITT: Please do. CHAIRMAN FRYER: I am going to offer you Saturday between 9:00 until 1:00 -- Page 92 of 95 Packet Pg. 96 5.A.a May 18, 2023 COMMISSIONER SCHMITT: Thank you. CHAIRMAN FRYER: -- unless you don't want it -- MR. McCAA: No. Thank you. CHAIRMAN FRYER: -- maybe it's just Christian guilt on our part up here, but we'd like to give it to you. MR. McCAA: Well, thank you. COMMISSIONER SCHMITT: And, likewise, events. No outdoor events. I mean, no -- you're not going to have fundraisers or all those type of things, but a congregation meeting out in front of the church and then a precession in -- CHAIRMAN FRYER: So we'll -- with your -- by your leave, we will add the word "Saturdays and" in front of the word "Sundays." COMMISSIONER SCHMITT: Yeah. MR. McCAA: Thank you. We live by grace, and I'll accept yours. CHAIRMAN FRYER: Thank you. r COMMISSIONER SPARRAZZA: I personally would hate to see their hands tied by such c a restrictive conditions of approval. As we all know what takes place at churches, it's usually wonderful, great things. Let's not minimize maybe in three years what you might want to do, although it has been restricted by these conditions of approval. MR. McCAA: Again, just being here this morning -- me and my wife has got a real education just watching what you -all go through. And, again, I think, too, we've recognized that, because of the impact on the community, we're trying not to -- you know, friction, create problems00 against that. We're actually trying to be a benefit, not a hindrance. v CHAIRMAN FRYER: You're wanting to be a good Christian neighbor, and we all appreciate that. Thank you very much. COMMISSIONER SCHMITT: Can you help me understand what we did before this? CHAIRMAN FRYER: Ms. Kluttz, we kind of interrupted you and your presentation. MS. KLUTTZ: That's quite all right. CHAIRMAN FRYER: I think we're maybe even beyond where you are. It's up to you. m MS. KLUTTZ: Yeah. I was just about to go into the buffering, just continuing on, just trying to not cause any impacts to our neighbors. We have to the -- I'm sorry. To the north we a have -- and south we have the 10-foot Type A landscape buffer, and then to the west where we abut v an Estates residential home, we have provided 75 feet of buffering, which is a combination of M 50 feet of preserve here, and then a 25-foot Type B buffer here, so that provides 75 feet, so that there 00 is no impact. And we also have decided to site the building where it is so that no lights from cars parking at any point would impact that home. And then along Collier Boulevard, we have a 25-foot enhanced neighborhood center buffer, which is per code. That will have a hedge, scrub beds, and ground cover in that 25-foot. E And that is all I had. CHAIRMAN FRYER: Thank you. I think that's all you're going to need. a COMMISSIONER SCHMITT: What is the area behind the church? It's kind of hashed out. Is that just going to be grass or what --I can't -- MS. KLUTTZ: We have it as stormwater and a -- COMMISSIONER SCHMITT: Stormwater. MS. KLUTTZ: -- potential septic field. Okay. Got it. Thanks. CHAIRMAN FRYER: Other questions or comments from the Planning Commission for the applicant? If not -- COMMISSIONER SHEA: Well, you said something about a septic field. So this doesn't have public water and sewer? COMMISSIONER SCHMITT: No, it's the Estates. They're not on public. COMMISSIONER SHEA: Okay. Page 93 of 95 Packet Pg. 97 May 18, 2023 5.A.a CHAIRMAN FRYER: Okay. COMMISSIONER SCHMITT: That's a great discussion some day. CHAIRMAN FRYER: Thank you, Ms. Kluttz. We'll now hear from staff. MR. ORTMAN: One last time, Commissioners. Eric Ortman. Staff agrees with everything that the applicant has stated. Staff recommends approval along with the six conditions and the added words "Saturday and" before "Sunday" in Condition No. 5. And at the NIM, which was only attended by six people, four of them being members of the church, the idea of the conditions that the church was going to impose upon themselves was discussed for quite some time, and they are aware of how they are limiting themselves. CHAIRMAN FRYER: Thank you. Thank you very much. Anything further from staff? MR. BOSI: Nothing further. CHAIRMAN FRYER: If not, Ms. Pedron? MS. PEDRON: Mr. Chairman, we do not have any registered speakers. CHAIRMAN FRYER: Thank you. And I don't see any -- well, anyone who's in the room who has not registered wishes to be heard, please raise your hand. (No response.) CHAIRMAN FRYER: Seeing no hands, we will close the public speaking -- public comment portion of this hearing, and the matter now comes to us for deliberation and motion. COMMISSIONER SCHMITT: I make a motion to approve subject to the additional proposal for Saturday service. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SHEA: Second. COMMISSIONER SCHUMACHER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes 5-0. Thank you very much. And to my amazement, we -- COMMISSIONER SCHMITT: I have to ask, did you get a good education in public service? MR. McCAA: I did. We did. Patience. COMMISSIONER SCHMITT: Local zoning laws. CHAIRMAN FRYER: Well, before we conclude, I want to compliment the Planning Commission because we don't do a service to our community when we are always speaking with one voice. And so when we have some yays and some nays, that's a result of good -spirited, thoughtful, and careful analysis, and I welcome it and am very thankful to all members of the Planning Commission for doing that. So thank you. Old business? Any old business to come before us? (No response.) CHAIRMAN FRYER: Any new business? (No response.) CHAIRMAN FRYER: Any public comment on matters that we've not heard? Page 94 of 95 Packet Pg. 98 May 18, 2023 5.A.a (No response.) CHAIRMAN FRYER: If not, without objection, we are adjourned. N N r 7 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:02 p.m. aM c a� a� 2 0 0 0 COLLIER COUNTY PLANNING COMMISSION N EDWIN FRYER, CHAIRMAN M M These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 95 of 95 Packet Pg. 99 June 1, 2023 5.A.b TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida June 1, 2023 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: w d r c 2 a� c d d Edwin Fryer, Chairman Joe Schmitt, Vice Chair 00 Paul Shea N Randy Sparrazza Chuck Schumacher (where indicated) Christopher T. Vernon Amy Lockhart, Collier County School Board Representative ABSENT: Robert L. Klucik, Jr. ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Derek Perry, County Attorney's Office Page 1 of 45 Packet Pg. 100 5.A.b June 1, 2023 PROCEEDINGS MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. Good morning, everyone. Will the June 1, 2023, meeting of the Collier County Planning Commission please come to order. Everyone please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: Mr. Secretary, let's have the roll, sir. COMMISSIONER SHEA: Ms. Lockhart? MS. LOCKHART: Here. COMMISSIONER SHEA: Commissioner Schumacher? (No response.) COMMISSIONER SHEA: No. Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Here. r COMMISSIONER SHEA: Commissioner Klucik? c (No response.) COMMISSIONER SHEA: No. c Commissioner Vernon? COMMISSIONER VERNON: Here. COMMISSIONER SHEA: Commissioner Shea is here. Commissioner Schmitt? 00 COMMISSIONER SCHMITT: Here. N COMMISSIONER SHEA: Chairman Fryer? CHAIRMAN FRYER: Here. COMMISSIONER SHEA: We have a quorum, sir. CHAIRMAN FRYER: A quorum of -- COMMISSIONER SHEA: Five. CHAIRMAN FRYER: -- five. Excellent. Good. All right. Addenda to the agenda. I have one very, I'll call it, insignificant but, nonetheless, I'm going to raise it. The item that we have scheduled for new business really is old business, and so we'll hear that at exactly the same time as we would have heard the other, but we're going to call it old business, because that's what it is. Any other addenda to the agenda, Mr. Bellows? MR. BELLOWS: Yes. For the record, Ray Bellows. It's my understanding that the applicant dealing with -- MR. BOSI: Three and 4. MR. BELLOWS: -- 3 and 4, they're requesting or have requested a continuance. CHAIRMAN FRYER: Okay. MR. BELLOWS: ***And that continuance would be to August 3rd after readvertising. Those are Item 9A3 and 9A4, Lutgert and companion GMPA. CHAIRMAN FRYER: All right. I'm certainly not opposed to that, but I've got a question or two to ask the applicant before we vote on it, either one of the gentlemen who are here. MR. ARNOLD: I'll try and, if not, Mr. -- CHAIRMAN FRYER: Okay. I mean, I realize these things come up, and there's -- frequently nothing can be done about it. But I -- this became a need for continuance yesterday? MR. ARNOLD: We actually made the decision -- for the record, I'm Wayne Arnold with Grady Minor. And we actually needed to make that decision; however, Rich and I were both out of the office Friday, and then Monday was a holiday. So Tuesday became the first opportunity for us to discuss with our client the desire to go ahead and make the continuance so we could meet with Page 2 of 45 Packet Pg. 101 5.A.b June 1, 2023 some of the organized folks that are concerned about development from that corridor. CHAIRMAN FRYER: Okay. So the purpose is you're going to talk to some of the neighbors? MR. ARNOLD: Yes, sir. CHAIRMAN FRYER: Okay. Well, that's laudable. We appreciate that. Anybody else want to hear about the matter before we vote on a continuance? COMMISSIONER SHEA: I just --it's very frustrating as a volunteer to not know about it until you come in here and spend the hours that you put -- we don't just -- we read those documents. And at my age, I'm going to reread them when you comeback. And I think I should be reimbursed at the normal consultant -- same fee you get when you come here, I should be reimbursed for for having to do this twice. MR. YOVANOVICH: Well, Mr. Shea, if I can, for the record, we had two options. COMMISSIONER SHEA: I know, but they all seem to be last minute. MR. YOVANOVICH: Well -- and you blame me, because I decided that instead of as r coming here and proposing changes for the first time for the residents to hear them for the first time c and get accused of springing things on them last minute, we decided, through discussing with the client, to -- why don't we reach out to them first to see if this will address their concerns instead of springing it on them last minute, and that's the reality of the request. Candidly, some of it had to do with how contentious the other item was in front of the Board of -- in front of you -all and the Board of County Commissioners. And we were trying to do the right thing. Unfortunately, the right thing happened a little later in the process. And let me00 rephrase "the right thing." But we decided, let's reach out and see if we can reach agreement v instead of springing it on them. I apologize. We sent the email as soon as we could. Maybe next time I should send the email directly to you -all as well. I just don't know. COMMISSIONER SHEA: Well, yeah, I don't know. I mean -- I totally -- MR. YOVANOVICH: I understand. COMMISSIONER SHEA: -- agree with the Chair that the reason is fine. Can you just do it sooner before we invest all or time in it? MR. YOVANOVICH: And we could try. And a lot of times -- and I'll be honest with a you, you go back and forth. Is it worth the continuance to go talk? Because most of the time it's v a meeting that doesn't work, but we're willing to try again. M CHAIRMAN FRYER: I don't think anyone is questioning the reason for the continuance. MR. YOVANOVICH: Sure. CHAIRMAN FRYER: It's just the timing that maybe somehow the proposed resolution of issues could have been reached a little earlier. c MR. YOVANOVICH: And, you know, sometimes, just like other governments, it's when you get closer to the actual hearing, you start thinking about are there things that we can do, and that's what we did, and we would like to propose them, and hopefully they would work. And if they don't -- if they don't work, then I apologize, and if you're serious about being reimbursed at -- COMMISSIONER SHEA: At your rate. Not mine. MR. YOVANOVICH: -- at my rate -- COMMISSIONER VERNON: I'll take my rate. MR. YOVANOVICH: Well, you probably have a much better rate -- or a higher rate than mine. CHAIRMAN FRYER: Commissioner Vernon, you're signaling, so go ahead, sir. COMMISSIONER SHEA: Can I finish? I just want to ask -- CHAIRMAN FRYER: I'm sorry. Go ahead. COMMISSIONER SHEA: I want to close the --when did you know about it, Mike? I mean, I come in here on Wednesday, and he says Tuesday. Even when we have these last-minute things, we come in here and don't even know about it until we sit down and start the meeting. So Page 3 of 45 Packet Pg. 102 5.A.b June 1, 2023 I'm getting off you, and now I'm getting on Mike. MR. YOVANOVICH: We let Mike know -- we let staff know Wednesday, because we talked about it. MR. BOSI: Yesterday. And I forwarded the request on to the -- to the Chair, but I should have also forwarded that request on to the rest of the Planning Commission. So that's on me. CHAIRMAN FRYER: Yeah, I was going to ask that question, too, because that is exactly what we would want you to do. COMMISSIONER SHEA: Thank you. CHAIRMAN FRYER: Thank you. Commissioner Vernon. COMMISSIONER VERNON: Yeah. I just wanted to tag onto what's already been said, and I want to harken back to -- this came up, like, a year ago, and we got very frustrated. And I think the genesis of the frustration was not just us, but probably more important than us, you'd have d r 50 members of the public show up -- and, now, I'm not -- and I'm not talking about you, Rich. I'm c just talking about in general. You know, there was some sense that there possibly could be a strategic move, let's just call it off until we don't get so much opposition and wear the public down, and that's not fair to the public because they're taking time off of work, et cetera, et cetera, to show up. And so I think we came up with a protocol, and it hasn't been mentioned in response to this. I don't remember what it is, frankly, but I think we have a written -- we took the time to have00 a written plan for when this happens. And I'm going from recollection. There had been v extraordinary circumstances, and then we would take a vote on it was the plan. And I think what's going on here is they're trying to accommodate the public rather than W take advantage of the public. So their motives are good, and I know the Chairman to be all over them if he thought otherwise. So I think the Chairman's response is indicative of what's really gone on. So I'm not really worried about -- and I think I said this last time. I'm not so much worried about what's happening today. I'm worried about in the future, I don't know, where is that protocol and why isn't it before us, and why aren't we voting on it if that was the protocol? MR. BOSI: Mike Bosi, Planning and Zoning director. I think you're debating it right now. You're debating whether you want to provide the continuance or not. You're looking at justification -- COMMISSIONER SHEA: No, no. We had a policy, a criteria -- MR. BOSI: And we -- there is a fee that's associated with this continuance, so there's a monetary penalty that's also associated with it. And the policy -- I mean, your policy, it says it has to be extraordinary circumstances, and I think you are in the process right now of determining whether there's extraordinary circumstances. COMMISSIONER VERNON: Well, if I may, I guess the one thing I'd like to see is -- if it comes up again, I'd like to have -- because I don't remember the policy. I'd like to have it put in front of me at the meeting, and we'll go through it, and we just follow that procedure. And they come up and say we want to continue, and hopefully they'll let us know sooner, and we'll look at it and say, yes, they meet the standard. We'll vote on it and move on. And I don't remember what the protocol -- I mean, I think you're articulating my memory of it, but I hate to go from memory of a year ago. CHAIRMAN FRYER: I think -- the County Attorney was involved in our drafting of that, so I'm going to ask the County Attorney, will you see if you can locate that and circulate it to the members of the Planning Commission so that we have it in hand? MS. ASHTON-CICKO: I'll share. My recollection is that the resolution was to come back for your final approval, and you I don't believe it was brought back. But I can distribute the draft resolution. Page 4 of 45 Packet Pg. 103 5.A.b June 1, 2023 CHAIRMAN FRYER: You know, I think that's right, and I'm not sure why it didn't come back, but we need to -- we need to act on that. And so we'll put that on our next meeting, and in the meantime if you'd circulate the resolution, we'd appreciate that it so that we -- MS. ASHTON-CICKO: Certainly. CHAIRMAN FRYER: -- can take it back up. COMMISSIONER SHEA: Thanks for jogging our memory, Rich. CHAIRMAN FRYER: Yeah. Before --before I call on the Vice Chairman, I want to ask if there are any members of the public here who were wanting to speak on these items and didn't know about the continuance request. (No response.) CHAIRMAN FRYER: And I know that staff reached out to Mr. Renner, who may very well have contacted others and caused them to know, no need to come in. So at least that -- at least we don't have people -- members of the public wanting to speak. Because if that were the case, we'd probably want to hear them before we continue the rest of it. N All right. Vice Chairman. c COMMISSIONER SCHMITT: Yeah, I agree with Commissioner Vernon. There was a policy. Mike, the policy you stated comes to mind is exactly what it was. It had to be specified and extenuating circumstances for the continuance. I believe the reason for this continuance falls within the criteria we established, which was to negotiate with the public who are in opposition to the party -- the project. So I think he's well within the criteria. And there was an associated fee for that, which was to readvise.00 If I recall, it wasn't to be continued and be two weeks later, so to speak; it was a full v continuance. But we would have to see the ordinance. But that was my recollection. I believe what we're doing now is we're -- what we're going to find is in full compliance with what I recall. So I would make a motion to approve the continuance because I believe it falls within the criteria that we established, and that was to allow for further negotiation, I'll call it, between the developer and the local community. So I would make a motion that we approve the continuance. m CHAIRMAN FRYER: And before I ask for a second, I just want to clarify, perhaps, that this would be continuance to a date certain, namely August 3rd. a COMMISSIONER SCHMITT: Which requires readvertising and an associated fee for v that. M MR. BOSI: Yes. COMMISSIONER SCHMITT: Yes. CHAIRMAN FRYER: Is there a second? COMMISSIONER VERNON: Yes, Vernon seconds. CHAIRMAN FRYER: Further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor of the continuance to the date certain, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you very much, all. And that takes us to -- MR. BOSI: Chair -- I'm sorry, Chair. Page 5 of 45 Packet Pg. 104 June 1, 2023 5.A.b CHAIRMAN FRYER: I'm sorry. Go ahead, Mr. Bosi. MR. BOSI: One more agitation. The request for the new business -- or the old business, the new business that's been moved to old business, the petitioner has requested, is there a willingness from the Planning Commission to move that before the advertised public hearings because it's -- the nature of the request is somewhat ministerial in nature. CHAIRMAN FRYER: All right. And I had a brief conversation with Mr. Yovanovich, and I asked him to check it out with the other people. Is there any objection from the other applicants, Mr. Yovanovich? Or -- MR. ARNOLD: Wayne Arnold, for the record. I represent the Dunkin' Donuts and the Golden Gate Golf Course applications that precede it. No objection from me. CHAIRMAN FRYER: Okay. Then without objection, I assume there's no objection from the Planning Commission that we proceed in that fashion. All right. Then we'll lead off with the golf course. MR. BOSI: Ave Maria SRA. CHAIRMAN FRYER: Ave Maria, I'm sorry, yeah. Okay. Let me call that then. Bear with me. COMMISSIONER SCHMITT: ***It's Item 11A. CHAIRMAN FRYER: Yes. Yeah, I just didn't have it up in front of me. COMMISSIONER SCHMITT: While we're waiting, can I -- I'm going to take the time CHAIRMAN FRYER: Go ahead. Go ahead. COMMISSIONER SCHMITT: Just for staff purposes and for the petitioner, this is nothing more than adding additional acreage and removing additional acreage from an already preapproved SRA. It's almost administrative in nature rather than a rezoning, because the property is already rezoned. The SRA is, in fact, already approved. So it's nothing more than an approval to add acreage and remove acreage; is that correct? MR. BOSI: Yes, correct. The petition came before the Planning Commission. The Planning Commission recommended approval after -- the day after that we were notified that there was a .55-acre right-of-way -- COMMISSIONER SCHMITT: Correct. MR. BOSI: -- portion that needed to be reallocated to the northern portion of the SRA. It's ministerial in nature, but we did not want to take it to the Board of County Commissioners until the Planning Commission agreed that this -- it would not interrupt your -- or it would not affect your prior approval, and it is ministerial in nature. COMMISSIONER SCHMITT: Right. We already heard this item. MR. BOSI: Yes, but we didn't want -- COMMISSIONER SCHMITT: With that, I would make a recommendation of approval. CHAIRMAN FRYER: Let me call it. Let me call it first. COMMISSIONER SCHMITT: Go ahead. CHAIRMAN FRYER: This is PL20210002041, the Ave Maria SRAA. All persons wishing to be heard in this matter, please rise to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? THE PETITIONER: I do. STAFF MEMBER: I do. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Then disclosures, please, starting with Ms. Lockhart. MS. LOCKHART: Staff materials only. COMMISSIONER VERNON: No disclosures. Page 6 of 45 Packet Pg. 105 June 1, 2023 5.A.b COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Public materials, meeting with staff. COMMISSIONER SCHMITT: Staff materials only. COMMISSIONER SPARRAZZA: Staff materials only. CHAIRMAN FRYER: Thank you very much. You may proceed, Mr. Arnold. MR. ARNOLD: Thank you. For the record, I'm Wayne Arnold. I'm representing the Ave Maria SRA application. With me is Rich Yovanovich. So you did hear this item on April 20th. You unanimously recommended approval of the expansion of the Town of Ave Maria. Unfortunately, the day after our hearing, the surveyor for Peninsula Engineering discovered that there was a minor call -out error. And I'm bringing that up on the screen. It largely is this little notch that extends out to Camp Keais Road on the eastern side of the project. That extended into the right-of-way, which the Barron Collier family does not own. So the call was corrected to add just a slight adjustment to the north boundary. It doesn't affect any of the overall acreage or any of the commitments relative to the approval. So we really feel it's a scrivener's error. It's a 5,000-acre project. I'm sure there may be other minor call -outs that occurred on those types of projects, but this is one that was noticeable and we felt like we needed to correct the record for. CHAIRMAN FRYER: Any questions or comments from the dais? (No response.) CHAIRMAN FRYER: If not -- I assume you're completed, and then we'll call on staff for its report. MR. ARNOLD: Yes, sir. MR. BOSI: Mike Bosi, Planning and Zoning director. As I mentioned, there was a prior approval for the Ave Maria expansion that was recommended by the Planning Commission. We just wanted concurrence from the Planning Commission that this will not affect that prior approval, and it's ministerial in nature. That's the motion, I think, that we're looking for. COMMISSIONER SCHMITT: I'd make a motion as so stated. CHAIRMAN FRYER: We've got a couple more things to do. COMMISSIONER SCHMITT: Okay. What else do you want to do? COMMISSIONER VERNON: I'll second. CHAIRMAN FRYER: First of all, I'm going to ask if there are any questions or comments for staff. COMMISSIONER VERNON: We're going to overrule the Chairman. Let's vote. CHAIRMAN FRYER: Any questions or comments from the dais for staff? (No response.) CHAIRMAN FRYER: If not, we will ask if there are any public speakers who've registered. Ms. Pedron. MS. PEDRON: Good morning, all. Mr. Chairman, we do not have any registered speakers for this item right now. CHAIRMAN FRYER: All right. Anybody in the room who is not registered but nonetheless wishes to be heard in this matter, please raise your hand. (No response.) CHAIRMAN FRYER: Seeing no hands, we'll close the public comment portion. We'll have deliberation and, at any time now, a motion is in order. COMMISSIONER SHEA: Go, Joe. COMMISSIONER SCHMITT: I stand with the motion -- CHAIRMAN FRYER: All right. COMMISSIONER SCHMITT: -- as stated. CHAIRMAN FRYER: To approve, right? Page 7 of 45 Packet Pg. 106 5.A.b June 1, 2023 COMMISSIONER SCHMITT: To approve. CHAIRMAN FRYER: Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. w d Thank you, all. c MR. ARNOLD: Thank you. MR. YOVANOVICH: Thank you. COMMISSIONER SCHMITT: Next is Dunkin' Donuts, is that -- CHAIRMAN FRYER: Yeah. I just got myself taken out of order, but I'll be back on track momentarily. Here we go. Having a bad day. Won't collect my -- COMMISSIONER SCHMITT: You have this little inventory on the side here.00 CHAIRMAN FRYER: I'm not going to collect my salary today. v ***All right. The next matter is PL20220004546. This is the Dunkin' Donuts Collier Boulevard CPUDZ. All persons wishing to testify in this matter, please rise to be sworn by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) m CHAIRMAN FRYER: Thank you very much. Ex parte disclosures from the Planning Commission beginning with Ms. Lockhart, please. a MS. LOCKHART: Staff materials only. v COMMISSIONER VERNON: No disclosures. M COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Matters of public record, meeting with staff. c COMMISSIONER SCHMITT: Staff materials only. co COMMISSIONER SPARRAZZA: Staff materials only. CHAIRMAN FRYER: Thank you very much. E Mr. Arnold, you have the floor, sir. MR. ARNOLD: Good morning, again. Wayne Arnold with Grady Minor here Q representing Dunkin' Donuts. With me today, I have our team. We have Mike Delate, civil engineer from our firm; Jim Banks, traffic engineer, who you have heard from many times; and Marco Espinar with Collier Environmental who has prepared the environmental assessment for the project. So the subject property is about a two -acre site. It's located in the neighborhood center that's part of the Urban Golden Gate Estates Master Plan. It's located just south of the VFW facility and just north of a strip center that fronts Pine Ridge Road and the Chevron gas station that's out there. This property was subject to a right-of-way taking approximately six years ago, and it created the frontage road, in essence, that parallels Collier Boulevard that you see on the screen. So the property owner formerly was the Brooks family. Some of you have had dealings with them over the years. They were very generous to the fire departments in Golden Gate Estates, and they Page 8 of 45 Packet Pg. 107 5.A.b June 1, 2023 negotiated this with Collier County in a way to reduce business damages to the service station that would have had access constraints after the -- after the right-of-way expansion for Collier Boulevard. So part of this property was taken for the public purpose. It left us with a remainder tract that was just under two acres. We're asking to be rezoned from Estates to C-3, in essence. We're asking for a PUD that allows C-1, 2, and 3 districts "lessing out' some of those. And I'll just touch on that, Mr. Fryer. You had -- last meeting I attended, you had asked staff to do a more thorough job in getting rid of some of the 99 SIC code uses. CHAIRMAN FRYER: I have a compliment coming to you as well, but go ahead. MR. ARNOLD: Thank you. But Laura was -- and the attorney's office were very good at working with us, because it's a little cumbersome when we have the -- you're using an SIC list, and we simply just said C-1, 2, and 3, and then -- it's a little cumbersome, but I think it made it clear that we are asking for certain uses to be prohibited. N CHAIRMAN FRYER: And I want to thank you very much for doing that. c MR. ARNOLD: Thank you. CHAIRMAN FRYER: I appreciate the responsiveness. It makes our job a little easier. MR. ARNOLD: So this property is part of the Golden Gate Master Plan, as I indicated. It is in the neighborhood center. It allows intensity of uses C-1 through C-3. We could have asked for a conventional C-3 zoning. We chose to go the PUD route so we could create the master plan and also address some of the restrictions on uses and development standards. CD Your Golden Gate Master Plan also prohibits certain uses from the neighborhood centers, v so you'll find in the PUD document that there's a separate section that addresses those prohibited uses as well. d This is the location of your neighborhood center. As I mentioned, it has the uses in our quadrant as well as the Publix-based shopping center to the south part of the Pine Ridge/Collier Boulevard intersection. This is our proposed PUD master plan. It's pretty generic, but it addresses, I think, the key components that staff has been looking for. You know, highlighting the project, we have access from what I call the jug handle, because that's what we termed that when we were dealing with the county on the right-of-way acquisition. But the frontage road will be our connection point to get into the Collier Boulevard right-of-way. We have a proposed potential interconnection to the north and a proposed interconnection to the south. That's mandated by your Golden Gate Master Plan. And we also show interconnection to what's called Neff s Way to our western property boundary. So your Golden Gate Master Plan says for these neighborhood centers, you're going to interconnect with all properties in the neighborhood center. So we've shown those potential interconnections not knowing whether or not those will all be perfected, but at least the Neff Way is required for solid waste service as well as EMS fire service. We established our development table. We have to have an open -space requirement. One of the other things in the Golden Gate Master Plan that will be required at the time of site plan, there's a courtyard open space commitment that's required that we have to show that there's a common public open space as part of this. We have a large preserve on our western boundary that also makes up our 75-foot-wide and 50-foot-wide buffer requirements back there, but the courtyard can be a part of maybe pavers or some common space that would be part of the strip plaza that -- one of the tenants will be a Dunkin' Donuts, obviously, by the name of the project. But we have 10,000 square feet maximum. We're asking for the average Dunkin' Donuts, significantly less square footage than that, so we probably will have a couple of other tenant spaces, and we'll create a courtyard space for the public to utilize as part of the project. So we have a list of the uses that we've proposed to delete. And I'm not going to go through all of those, but some of these we've seen before. So we've listed specifically the uses that Page 9 of 45 Packet Pg. 108 5.A.b June 1, 2023 would be allowed, and these are pretty basic uses. And then I don't think anybody has an issue with typewriter repair. I'm not sure how many people are doing that anymore, but we didn't think it was necessary to prohibit that one, so those would be an included: Camera repair, key services, et cetera. So the prohibited uses is a lot longer list, and you can see those. But we've eliminated gas stations, group care facilities, certain personal services, the escort services, things that we've talked about before, firework sales. We also, if you look to the right of the page under C, these are in the neighborhood center portion of your Comprehensive Plan, and these are specifically prohibited anyway. So we've gone ahead and listed those. We probably didn't have to, but it's easier to look in one place for the prohibitions than to have to go back to the Comp Plan as a separate document. So of note on there, homeless shelters, libraries, jails, things of that nature are prohibited. We developed -- COMMISSIONER SCHMITT: I have a question on that, Wayne. r CHAIRMAN FRYER: Go ahead, Vice Chairman. c COMMISSIONER SCHMITT: Public administration, would that prohibit, say, if the Tax Collector wanted to put a satellite office in there? That's the only thing I'm thinking of that I saw, and I went, public administration, that's sort of benign. MR. ARNOLD: Let me go back. I'm not even seeing that one, Mr. Schmitt. COMMISSIONER SCHMITT: Number 8. COMMISSIONER VERNON: Number 8, under B.00 Ln MR. ARNOLD: Oh, got it. Let me -- I have my SIC code. I can pull it and read what those are. COMMISSIONER SCHMITT: I'm just thinking of a licensing office or tax collector's office. MR. ARNOLD: I don't think that's -- COMMISSIONER SCHMITT: DMV, yeah. I mean, I -- you can eliminate it if you want. I just was curious as to -- it's one of my notes I put on there. MR. ARNOLD: So 9661 is space, research, and technology; space flight operations, government; and space research and development, government. COMMISSIONER SCHMITT: Oh, that's pretty cool. MR. ARNOLD: Space Force could be located there but probably not going to occupy the 10,000 square feet. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Okay. Anything else? MR. ARNOLD: I did want Mike Delate to come up and just briefly address --I know that the folks from VFW, we had a conversation with them prior to the meeting, and I wanted to get on the record what we intend to do for our water management purposes. And, also, there was concern expressed on their part that there's been some cut -through traffic from the strip center trying to find an avenue back out to Collier Boulevard. And they asked if we could put signage on our exit onto Neff Way that prohibited right -turn movements onto Neff Way, and we have no objection to doing that if it suits the Planning Commission. CHAIRMAN FRYER: Is that a government function, though? MR. ARNOLD: Probably not necessarily. It's -- Neff s Way is a private road. But we are happy to accommodate them. I think the number of turning movements -- I mean, obviously, someone may violate that. But if you're going to VFW, you can go back out to the jug handle, as I call it, and then immediately turn back into the VFW facility. So you still don't have to go technically back onto Collier Boulevard or Pine Ridge Road to circuit through this neighborhood center. CHAIRMAN FRYER: Maybe I misunderstood. I thought you were proposing a no -left -turn sign. Page 10 of 45 Packet Pg. 109 June 1, 2023 5.A.b MR. ARNOLD: It would be a no -right -turn sign exiting on Neff s Way. CHAIRMAN FRYER: Okay. MR. ARNOLD: So as we go out Neff s Way, you would be prohibited from making a right turn to go up to the VFW facility. COMMISSIONER SCHMITT: How would that be enforceable if it's a private road? MR. ARNOLD: It's probably not enforceable, but it's a strong suggestion not to make that turn. CHAIRMAN FRYER: County Attorney, can we hear from you on this? MS. ASHTON-CICKO: If the signage is placed on a private road? So you're saying that the -- yeah, I don't know whether the Sheriff would have jurisdiction or not. CHAIRMAN FRYER: No reason why they couldn't put a no -right -turn sign, or is there a reason? MS. ASHTON-CICKO: I don't see a reason why you can't. I don't know if transportation has any FDOT rules of placing things on private property. CHAIRMAN FRYER: Well, let's just say -- we can get beyond -- well, Mr. Sawyer's coming up, but -- COMMISSIONER SCHMITT: I have no problem putting the sign up. CHAIRMAN FRYER: Yeah. I would just maybe say to the extent permitted bylaw. COMMISSIONER SCHMITT: To the extent permitted by law, fine. CHAIRMAN FRYER: Kick the can. Mr. Sawyer. MR. SAWYER: For the record, Mike Sawyer, Transportation Planning. All we would make sure at the time of SDP would be that the sign met FDOT standards. That's it. COMMISSIONER SCHMITT: That's it, okay. That's what I thought. MR. SAWYER: We're fine. CHAIRMAN FRYER: Okay. All right. Good. MR. ARNOLD: If I might, I think it would be appropriate to bring up Mike Delate. Thank you. CHAIRMAN FRYER: Thank you. MR. DELATE: Good morning. For the record, I'm Mike Delate, engineer with Grady Minor. The question brought up from the VFW was a few of them, actually. The first one was about drainage on the site, making sure they did not discharge into the VFW site. So I assured them that, under code and water management requirements, we're going to be discharging to a water treatment area in the back water management area, and that will discharge into the preserve. The preserve will act as a stormwater attenuation area. And then as proposed, there's going to be a stormwater outfall that will go out Neff s Way out to the Pine Ridge Road swale. Their second concern was about -- their own retention system is up here on the northeast side of the property, and then it discharges across -- I guess, across their drive into the subject property. And then I told them, by code, we have to take any of that water that's coming from offsite and convey that either through the site or around the site. In this case it will probably be conveyed around the site and then likely connect with our discharge pipe out Neff s Way out to the Pine Ridge Road. There will no intermingling of water, and we're required by code to handle their water. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: Mike, you did explain that that is a required permitting process through the South Florida Water Management District? MR. DELATE: Yes, and the SDP. COMMISSIONER SCHMITT: And actually, when you submit the permit, they have Page 11 of 45 Packet Pg. 110 5.A.b June 1, 2023 access to see anytime what the status is and even appear before the district board if they have a concern about the permit. MR. DELATE: Correct. I gave them my card, and I said, email me, and I'll send them the plans. COMMISSIONER SCHMITT: Okay. It's ERP, as it's called, Environmental Resource Permit, goes through the South Florida Water Management District. Okay. CHAIRMAN FRYER: Thank you. MR. ARNOLD: Thank you. That really concludes my presentation. I think we had a successful neighborhood meeting. I know that staff captured the essence of that meeting. There were concerns about use of Neff s Way, and I've heard those concerns going all the way back 25 years ago when I was a county employee that those issues arose on who owns, who maintains, and I think that's been a continual issue. But it is a privately maintained roadway. CHAIRMAN FRYER: Thank you, Mr. Arnold. Questions or comments for the applicant from the Planning Commission? (No response.) c CHAIRMAN FRYER: If not, then we'll turn it to staff for its recommendation, report and recommendation. c MR. BELLOWS: Good morning, Commissioners. For the record, Ray Bellows. I'm presenting for Laura DeJohn who prepared the staff report today. The applicant did a thorough job of outlining the request, and staff concurs with the list of uses that are being prohibited, and we support the uses that are listed as permitted uses.00 Project's consistent with the Growth Management Plan, and we recommend approval. v CHAIRMAN FRYER: Thank you very much. And I'll repeat my compliments to the applicant for ruling out things that are obviously to be ruled out so that we don't have to do that work. Thank you, applicant, for that. And, Ms. DeJohn, if you were also involved in that, thank you as well. All right. Any questions or comments further for staff. (No response.) m CHAIRMAN FRYER: If not, thank you. Ms. Pedron, do we have any registered speakers? a MR. SABO: Yes, Mr. Chairman. Randy Cash is the first speaker. v MR. CASH: Mr. Chairman, my question's been answered. I don't need -- M CHAIRMAN FRYER: Okay. All right. So you're withdrawing. All right. MR. CASH: I don't need to speak. C? CHAIRMAN FRYER: One's withdrawn. c Next one, please. MR. SABO: Dr. Holmes is the next speaker, please. E CHAIRMAN FRYER: Dr. Holmes. DR. HOLMES: Thank you for having us here today. My name's Dr. J.B. Holmes. I'm Q the commander of the VFW, and I welcome Dunkin' Donuts and their project to our neighborhood. We did speak with the engineers prior to the meeting this morning, and they satisfied all of our comments. They weren't concerns, I don't think. They were just -- we wanted to make sure we understood everything. So thank you very much for having us here today, and thank you for the wonderful, wonderful brownies. They were absolutely outstanding. COMMISSIONER SCHMITT: Well, since we're talking about brownies, I'll have to ask, after your morning formation, after you do your PT in the morning, you are going to bar from going over for Dunkin' Donuts, just coffee? DR. HOLMES: Well, assume that, yes, Dunkin' Donuts will be supplying a couple dozen doughnuts to the post every day. Thank you. CHAIRMAN FRYER: Thank you very much. And thanks to the members of the public Page 12 of 45 Packet Pg. 111 5.A.b June 1, 2023 for taking time out to express their points of view on this. We always appreciate hearing from the public. Any other registered speakers, Mr. Sabo? MR. SABO: Yes, we have -- CHAIRMAN FRYER: While we're waiting, Commissioner Vernon, I'm sorry. COMMISSIONER VERNON: I just wanted to say to the three of you, thank you for your service. DR. HOLMES: It's our honor to serve you; our honor to serve you. CHAIRMAN FRYER: I'm sorry, Mr. Sabo. MR. SABO: Yes. Mr. Chairman, Sarah Peterson and Bill Peterson are the next two. Those are the last two. CHAIRMAN FRYER: All right. MR. PETERSON: Greetings, all. For the record, my name is Bill Peterson, and I'm a 10-year resident of 4111 Pine Ridge Road, which is on Neff s Way, we're very fortunate to be N neighbors with the VFW. They've been very -- they've been wonderful to be with. c That said, I believe that there is an elephant in the room that is not being addressed. My concern is a logistical and a safety one, and that is Neff s Way is a very tiny side street. It's not a road. The access to get onto Pine Ridge Road is very difficult at best as it stands because the small strip mall is right adjacent to Pine Ridge Road. They have an access that gets -- goes onto Neff s Way. As you may see in the plans. That is extremely congested. Neff s Way is often used by the VFW and the strip mall as a parking00 facility because there's very limited parking for large events that they occasionally have there. v Also, it's -- it's parking for large vehicles for garden supply trailers and trucks. Also, our taxpayers are funding the parking for the -- for the strip mall because they park on the -- on the right-of-way on Pine Ridge Road. That's often -- that's just that's the way it is. If you live there, you know that is true. I've been taking my kids to elementary and middle school for 10 years now. Getting out of Pine Ridge Road -- or, excuse me. Getting onto Pine Ridge Road out of Neff s Way is difficult m as it is now in the morning. What is being proposed is a -- is a Dunkin' Donuts, which we all know is extremely busy in a the morning, and that's when they do the majority of the business. We also all know that Pine v Ridge Road is extremely busy in the morning. Hence, they want to have this goldmine business cUY, put there. That I understand from a business standpoint, but from a safety and logistical one, traffic starts to back up. Also, you need to keep in mind that people that are coming off of Pine Ridge, there's no stoplight. They're just seeing -- all they're seeing is open road. And it's like the Daytona 500 from about 6:00 a.m. to 9:00 a.m. coming out of there, people just zipping out. E You have -- also very important to consider, you have three accesses onto Pine Ridge Road. You have them coming from the north, from the south, and from the west. That is not the a case on the southwest corner where the large Publix shopping center is that has ample parking, that has ample side streets that are very wide that have six lanes now developed for people to come onto. Pine Ridge Road heading west is only two lanes with a merge lane. It's extremely dangerous. It's a miracle that a major accident has not happened at this point. But as soon as you get people anxious to get across Pine Ridge Road and then do a U-turn to head back east on Pine Ridge Road -- which there's not much room -- as it stands now, it's very dangerous. It's difficult to -- a large trailer pulls in, you wait for them. So, again, it is a -- it's something -- if you really look at it, it's extremely dangerous and extremely logistically impossible. That said, you know, forgive me for the sort of pretentious assumption here, but I do 100 percent believe that if any one of you -all were in my position, living and seeing the way it Page 13 of 45 Packet Pg. 112 5.A.b June 1, 2023 actually is, you would feel the exact same way. With that, I thank you for your time and appreciate the opportunity to speak. CHAIRMAN FRYER: Thank you. We will ask -- (Applause.) CHAIRMAN FRYER: We will ask staff and the applicant to respond to those. MR. PETERSON: Sure. CHAIRMAN FRYER: Thank you very much. Ma'am, you're next, I think. MS. PETERSON: Sarah Peterson, for the record, in opposition to the Dunkin' Donuts on Collier Boulevard. Safety and traffic is the main issue, as my husband stated. I will save you on the long-winded paragraph I have there. I do want to also point out that the proposed westbound exit onto Neff Way faces directly N into our driveway. We value our privacy and believe Dunkin' Donuts will be a nuisance and disrupt our surrounding peaceful ecosystem and serene wooded area. c This development will only make our home less desirable should we decide to sell someday. Would you want to live behind a Dunkin' Donuts in an Estate home? I think not. Another concern is the amount of trash littered on Neff Way by strip mall tenants and cars traveling to and from the VFW. Who will be responsible for commercial messes? The strip mall owner hires leaf blowers that blow garbage and debris onto our property line along Neff s Way weekly from the front and the back of the mall. I have video footage and have reported them00 Ln for littering, but, apparently, it's legal to move garbage from one property to the next with a leaf blower. We have asked the blowers several times to stop. The owner of the mall said he would keep Neff s Way clean. He does not. We do not want the additional empty coffee cups and doughnut bags littered everywhere. We already have enough empty beer cans, junk food wrappers, and empty food and drink containers. Furthermore, the work trucks that park along Neff Way to get lunch in the strip mall dump their garbage out, along with tires, broken tools, paint cans, broken buckets, and whatever else they want to dispose of onto our property. Who will be responsible for cleaning and maintaining the easement and major debris cleanup after a hurricane? Homelessness has been an ongoing problem in this quadrant. We have called the cops three times, at least, to remove three homeless drunks off our property already. If you add another access drive to Neff Way, we will get more transient people wandering through our yard. Listen, there is a Dunkin' Donuts three miles away on Collier Boulevard and Vanderbilt Beach Road, a six- to eight -minute drive. Adding more conveniences on this quadrant will sabotage our beloved Collier Woods neighborhood. We already opposed the storage proposed last year just next door to the VFW and kitty corner to our property. The residents do not want a busier intersection. It is dangerous. Collier Woods must be preserved and remain agricultural or purchased as a preserve by the county. That would be nice. We do not want this business accessing and using Neff Way. We do not want the extra traffic, garbage, storm runoff, and more transient people. We oppose the rezone and commercial development. Thank you. CHAIRMAN FRYER: Thank you very much. And we -- MS. PETERSON: And can we get some "no littering" signs, please? Thank you. CHAIRMAN FRYER: Okay. That brings me to a comment I want to make, and I'm going to call on the Vice Chairman. We area commission of limited jurisdiction. And the matters you raise are valid concerns to be sure, but they're law enforcement and code enforcement issues. And if you're not getting relief from them -- MS. PETERSON: What do you do? Page 14 of 45 Packet Pg. 113 5.A.b June 1, 2023 CHAIRMAN FRYER: Okay. If you're not getting relief from them, you're going to have to pursue them directly and seek the relief that you desire, because we don't have any jurisdiction to do anything about that. But thank you for taking the opportunity to speak. Vice Chairman. COMMISSIONER SCHMITT: Just for the petitioner, Wayne, who owns Neffs Way? MR. ARNOLD: I believe that Neff s Way is owned by all the parties that abut Neff s Way. CHAIRMAN FRYER: So it's a private road? MR. ARNOLD: Privately owned. COMMISSIONER SCHMITT: It's a private road. MR. ARNOLD: Yes, sir. COMMISSIONER SCHMITT: Is there any type of legal agreement or anything that specifies -- MR. ARNOLD: I have not seen it. N r COMMISSIONER SCHMITT: -- responsibilities of parties? c MR. ARNOLD: I'll let Mike Delate address that. He's looked into that a bit. MR. DELATE: For the record again, Mike Delate. 1 don't have the legal document in front of me, but there is an access easement that describes how it was originally developed and the responsibilities for ownership. So the property -- the easement. Excuse me -- the easement itself is located on the subject property. So they --the Dunkin' Donuts owns the underlying property, and there's an easement00 over it. Ln N. CHAIRMAN FRYER: Does the -- does the easement grantor or easement grantee have the responsibility to handle the trash? MR. DELATE: That's a good question. I don't know that. Just speaking -- we do a lot of those -- Dunkin' Donuts for this particular client, and he leaves his sites impeccable, if you go around town. He has the one right over here at Courthouse Shadows. I think he prides himself on having a good shop. So from that point of view, whatever that's worth. CHAIRMAN FRYER: Okay. Anything else? COMMISSIONER SCHMITT: Well, I mean, just the question is, Mike, the actual easement crosses the tract you said, and so -- MR. DELATE: That's correct. COMMISSIONER SCHMITT: -- if there's anything on that portion of the easement, it falls to the property owner? MR. DELATE: Yes. COMMISSIONER SCHMITT: But there's nothing that has -- codifies any type of an agreement with either the strip mall or the VFW other than what you said, an access agreement. But there's nothing -- there's no kind of pooled money or responsibility for cleanup and basically policing of the area? MR. DELATE: As far as I know, that's correct. CHAIRMAN FRYER: All right. To the petitioner, I mean, I don't expect a response, but this property will never qualify for any type of acquisition by Conservation Collier for a preserve. It just does not qualify. I know there's a perception out there that the money was available to prevent lots like this from being cleaned and become part of Conservation Collier, but if it becomes part of Conservation Collier and the county buys it, then there's got to be public access. They have to provide public access, parking, all the other types of things that are associated with public access. So you'll be faced with the same situation. And the site is going to be developed, so I understand. My only comment is -- from the standpoint of Neff Way -- and your house is off of Neff Way as well? Okay. You're shaking your head "yes." Page 15 of 45 Packet Pg. 114 5.A.b June 1, 2023 But it is -- there is a legal requirement for access to these -- what do I want to call it? -- lots that are -- don't have access. But other than denying the throughput as part of the permit application -- and I leave that up to the county. But the county, Mike, is there any comments on transportation? There is nothing that I read in here that was -- staff objected to. Our concerns -- and Pine Ridge is probably one of the worst roads in Collier County. There's no room left for any type of expansion unless they buy significant right-of-way through eminent domain. But is there any concerns about the traffic? MR. SAWYER: Again, for the record, Mike Sawyer, Transportation Planning. No. We did look at the petition, we did look at the TIS that was provided, and we don't have concerns as far as the increased traffic either on Pine Ridge or Collier Boulevard. CHAIRMAN FRYER: I think the questions really were with respect to traffic safety. COMMISSIONER SCHMITT: Traffic safety. CHAIRMAN FRYER: Can you comment on that? MR. SAWYER: Absolutely. w d From a safety standpoint, it is always better if we try and distribute traffic where we can. c Certainly, by having both access points, the customers are able to both access Collier Boulevard but then also get out onto Pine Ridge. So whenever you do that, you have better distribution. You have more even opportunities for gaining access in and egress. CHAIRMAN FRYER: Thank you. Any further? COMMISSIONER SCHMITT: No. That's just a right -in, right -out, pretty much. But coming in off of Collier, of course --is there a left -turn lane there? Left turninto? I'm looking.00 COMMISSIONER SPARRAZZA: No. N COMMISSIONER SCHMITT: No. So it's pretty much right -in, right -out. And MR. SAWYER: Yes, that is right -in, right -out. (Simultaneous crosstalk.) COMMISSIONER SCHMITT: -- shaking his head "yes." So it's pretty benign. I mean, I understand the concerns, but it's pretty much right -in, right -out. MR. SAWYER: Correct. m COMMISSIONER SCHMITT: And you choose if you're going to go one way or the 22 other. v MR. SAWYER: Absolutely. CHAIRMAN FRYER: Thank you. So we've heard from staff on traffic safety. I want to hear from the applicant now, please. And I've got three commissioners who are in line to speak as well. MR. ARNOLD: I'm going to ask Jim Banks, who did the traffic analysis, to come up. Jim's a little under the weather, so forgive his voice. He doesn't have his full voice today, but he'll do his best. I think in this particular case, as Mr. Sawyer said, I think the aerial presents it well. There's internal interconnectivity to all the uses with the frontage road that exists, and then, of course, they also have the ability to go back out onto Collier Boulevard through that frontage road and then Neff s Way, or there's access through the shopping center to get to the gas station and the other uses. road. CHAIRMAN FRYER: Mr. Banks. MR. BANKS: For the record -- CHAIRMAN FRYER: Boy, he's not kidding. MR. BANKS: For the record, Jim Banks, here on behalf of the applicant. First off, I want to correct one thing that was said. There is a left -turn lane into Neff s COMMISSIONER SCHMITT: There is? MR. BANKS: The right -in, right -out. COMMISSIONER SCHMITT: Oh, yes, I see it. MR. BANKS: Right -in, right -out access is between the gas station and the retail, and we Page 16 of 45 Packet Pg. 115 5.A.b June 1, 2023 also have access, as was stated, onto Collier Boulevard. Now, first and foremost, I live close to this area, and I visit this strip center on occasion. It's actually -- from the point of when you leave Dunkin' Donuts, it would be more convenient to access out onto Pine Ridge Road at the access between the gas station and the strip center, not over to Neff Way. I'm not suggesting that nobody would do that, but it is an easier means of egress if -- if you use the driveway that is located between the gas station and the retail center. Secondly, this suggestion that somebody would leave from the Dunkin' Donuts shop to access out onto Pine Ridge to head westbound to make a U-turn to come back is not a logical means of egress. It's much simpler -- and, again, because I live in the area, I know the traffic patterns -- it's easier to access the jug handle, turn right out onto Collier Boulevard, make a left to either head back east on White or to make a U-turn to head back north on Collier, or if you want to head southbound, just continue southbound. So the suggestion that this would generate those U-turn movements to the west of this location is not -- not a logical path of egress. r The other thing is, this corner is like every other corner we've got in Collier County. c U.S. 41 -- all the major arterials where you have these commercial centers, you're going to have vehicles turning right off of the main line and vehicles turning right onto the main line. So we're tM not proposing here anything that's unique. And, actually, Pine Ridge Road is planned to be six-laned in the future. It's not on the -- it's not on the five-year funded CIP, but it is in the long-term -- long-term transportation plan to be six-laned. And I'm going to conclude that as my presentation because I just really am struggling here00 to speak. But I'm happy to answer any questions that you might have. v CHAIRMAN FRYER: Okay. Thank you. Commissioner Sparrazza. W COMMISSIONER SPARRAZZA: Thank you, Chairman. My -- thank you. The question is not directly for you. For the applicant -- and going back to the access road, Neff s Way, my experience with access roads has been any party that has access to the access road more or less has to abide by either the rules, the regulations, for example, who takes care of that road when it needs a new topping. And I guess all I'm getting to is anybody that does have access, including this family a here, I'm assuming that there is some type of a legal agreement between all parties. And maybe if v we can just ask for that to be looked at and reviewed, knowing that this small shopping center does cUY, have access -- in fact, the Maps picture I'm looking at has an 18-wheeler parked on it next to the shopping center -- so that if there's any loose ends as to who has responsibility for what, the people C? that participate in the use of that access road know each other, communicate. It's tied into the deeds, I would imagine? I guess it's a statement more than a question, Mr. Arnold, but... E MR. ARNOLD: The only documentation I've seen calls it out for ingress/egress purposes and some other interconnectivity, but I've never seen anything relating to the maintenance for the a roadway as part of those agreements. COMMISSIONER SPARRAZZA: Okay. There might be in the county records when it was deeded as a private road. I'm not sure. I'm only going from personal experience on a project I was working on before. MR. ARNOLD: It could be. There are several declarations, and some of those issues came about when we were looking at this with the county's right-of-way acquisition, and there were interconnection agreements between the three commercial -- now commercial parties that are part of the neighborhood center, and they all reference Neff s Way but only with regard to ingress/egress. That's all I recall seeing. COMMISSIONER SPARRAZZA: All right. Thank you. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: Well, I'm on the same lines that Commissioner Sparrazza is Page 17 of 45 Packet Pg. 116 5.A.b June 1, 2023 on. Somebody owns that land, somebody owns the responsibility for it, and we're making a connection and nobody's coming up saying, I'm okay with that, because it's not the applicant's property and you're connecting to it. It just seems like something's missing here. COMMISSIONER SPARRAZZA: In my experience, it's tied to the deed so that you have access to your property through that access road. I may be wrong -- COMMISSIONER SHEA: But usually there's a maintenance responsibility with it. COMMISSIONER SCHMITT: Mike Delate said the road is actually on the applicant's property. COMMISSIONER VERNON: Right. COMMISSIONER SHEA: I didn't hear that. MR. ARNOLD: If I might interject, the easement does run across the applicant's property. So Neff Way does physically cross the applicant's property as an easement. So we -- there's no doubt that we and the VFW lodge have legal access to Neff Way. It's just I don't think there's ever been a long-term maintenance agreement established for that roadway. CHAIRMAN FRYER: Thank you. c Commissioner Vernon. COMMISSIONER VERNON: Yeah. I think I misunderstood. So now I'm more confused. I thought you had said that the applicant owns Neffs Way, and I was operating under the assumption that folks around there had easements onto Neff Way. Based on what was just said, I don't think that's true. So who --let me just ask the question. Who -- if you know, who owns Neff Way?00 MR. ARNOLD: The Neff Way is owned by the various parties that abut Neff s Way. v So that portion that abuts the proposed Dunkin' Donuts property is owned by Dunkin' Donuts, and there's an easement over that portion of their property. CHAIRMAN FRYER: For everybody else? MR. ARNOLD: Correct. COMMISSIONER VERNON: Based on your understanding, these folks who have objections own part of Neff s Way? MR. ARNOLD: They also own part of Neff s Way. COMMISSIONER VERNON: And the VFW owns part of Neff s Way? a MR. ARNOLD: Yes, sir. v COMMISSIONER VERNON: And then everybody who owns it has easements over the M other parts owned? MR. ARNOLD: That's my understanding, yes. COMMISSIONER VERNON: And is it -- is it they collectively own it as one road, or they each own little chunks of it individually? MR. ARNOLD: I think the roadway was reserved as an ingress/egress easement. So it's E an easement entity. It's not -- the fee simple ownership goes to the center line of the road, if you will, just like most of the other Golden Gate Estate lots that haven't been acquired by Collier a County Government. They were dedications to the various public over private property. COMMISSIONER VERNON: So these property owners, based on what you're saying, you think they own up to the center line of Neff s Way in front of their property, they own that alone, and everybody else has an easement over it? MR. ARNOLD: That's correct. CHAIRMAN FRYER: Okay. MR. ARNOLD: And that's not uncommon in Golden Gate Estates. That occurs on almost every street in Golden Gate unless it's been publicly acquired, like a Golden Gate Boulevard, a Wilson Boulevard, all those that have been publicly acquired for the county. CHAIRMAN FRYER: All right. I think where we are is to -- for me to ask folks at the back of the room whether we have any further speakers. MR. SABO: Mr. Chairman, there are no further public speakers. Page 18 of 45 Packet Pg. 117 5.A.b June 1, 2023 CHAIRMAN FRYER: All right. Anyone who is not registered to speak in this matter but wishes to do so, please raise your hand. Seeing no hands raised, we close the public comment. Ah, yes, ma'am. Come on up. Come on down. And I'm guessing you have not been sworn in, or have you? MS. JOHNSON: No, I haven't. CHAIRMAN FRYER: We'll take care of that. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. JOHNSON: I do. CHAIRMAN FRYER: State your name first, please, at the same time. MS. JOHNSON: Valerie Johnson, for the record. I'd like to speak about when the VFW has an event. Cars are lined up all along Neff s way all the way to -- all the way to Pine Ridge, and then you've got the 18-wheelers. There's no exit w d then. There's no exit to get out. So when the VFW has an event, there's a big problem. So how c often do you have these events? CHAIRMAN FRYER: We'll take the questions up here, ma'am. MS. JOHNSON: Okay. CHAIRMAN FRYER: Thanks, though. MS. JOHNSON: That's about all I have to say. CHAIRMAN FRYER: Okay. Well, thank you very much. I'll just say it again. These00 are very valid concerns, but we just don't have jurisdiction to deal with them. But thank you for v speaking. Any other hands to be raised, people who wish to speak? Oh, I'm sorry, Mr. Bosi. W MR. BOSI: Chair, Mike Bosi. I believe Mr. French, the head of GMD, would like to address the issue. MR. FRENCH: I'm not sworn in, Terri. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be m the truth, the whole truth, and nothing but the truth? MR. FRENCH: I do. v a So we try -- good morning. Jamie French, department head for Growth Management. v We try not to be that fact -checker in the back of the room and -- like in Good Morning, N Vietnam when Robin Williams was on the air, but -- thank you for your service, gentlemen, by the way. And I know we've worked together before. But this -- this is a really odd parcel, and I'm going to stress the word. I have lawfully been driving this area for -- I'm 53, so I've lawfully been driving since I was 16 years old in that area growing up out there. E But that -- that easement was recorded back in 1967 by Gulf Bay or by Gulf Development. And when this home was built -- and Ms. Cook's going to put it on the -- on the -- on your viewer. a The developer -- the homebuilder before these fine folks bought that property, we would not give them a right-of-way easement to Pine Ridge, and they had to negotiate Neff s Way. And it's -- there's language in that documentation that says Neff s Way is to service those commercial tracts, that it was intended to be commercial. So this -- it's been there for a while. And, unfortunately, as we know, when people buy properties that didn't originally develop it, they don't know, because the REALTOR may not share that information with them, or the realtor may not know. But it's identified right there, and I'll let Jaime go through it, because we do issue all the right-of-way permits. And my first question is, how do they take access, and why didn't they have their own private driveway? And it's because they had to work out some negotiation with the property owners at the time to be able to access Neff s Way themselves. MS. COOK: Good morning. Jaime Cook, your director of Development Review. Page 19 of 45 Packet Pg. 118 5.A.b June 1, 2023 So as Mr. French said, the original easement for access for these properties was recorded in 1967. This easement on your screen was recorded in June of 1990. It was a nonexclusive use of the road easement, and this paragraph right here was the original owner. So, whereas, Petrozzi needs an access from Pine Ridge Road to the residential building or buildings to be located on Tract 108, and then it goes on to say that it was always intended -- will be used as a means of ingress and egress to the anticipated commercial use but, whereas, the Development Services Department of Collier County has indicated that if the Hoy tract is zoned for such use, the nearest building location to the Petrozzi lot would be 50 feet. So it was always intended that these three parcels would be commercial use. CHAIRMAN FRYER: So this is a quitclaim. MS. COOK: It is a nonexclusive easement, access easement. CHAIRMAN FRYER: Point No. 1 makes it a quitclaim. All right. Well, that sort of answers our questions, but it doesn't expand our jurisdiction. Thank you. r Any other speakers wish to be heard? c (No response.) CHAIRMAN FRYER: If not, we will close the public comment portion of this proceeding and ask the applicant if you have any rebuttal. MR. ARNOLD: No, sir. I think our testimony and staffs testimony document that we have the legal use of the property. Our uses are consistent with the Golden Gate Growth Management Plan, and we meet all the criteria for rezoning under your Land Development Code.00 CHAIRMAN FRYER: Thank you. Any questions or comments for the applicant before v we go into deliberation? (No response.) CHAIRMAN FRYER: If not, we're now in deliberation. We'd entertain a motion or comment. Vice Chairman Schmitt. COMMISSIONER SCHMITT: Yeah. I'll make a comment. Fully understand the m concerns that the public has raised. As the Chairman pointed out, it's beyond our jurisdiction because this is a private road, and it is a -- as we just saw, there are easements that allow for access, a and it is not uncommon. We have other areas in the county that date back from the '50s and '60s, v especially in the Estates area. cUY, I can only encourage that those who use Neff Way somehow have to coalesce and come together and decide who's going to do what. But, again, that's beyond our jurisdiction. C? So with that, I'm willing to make a motion for approval, but I'm going to leave it open for any other commissioners that want to comment. CHAIRMAN FRYER: Thank you. E No one is signaling at this point. COMMISSIONER SCHMITT: Well, I make a motion, then, to approve Petition a 20220004546. CHAIRMAN FRYER: Is there a second? COMMISSIONER SPARRAZZA: Second. CHAIRMAN FRYER: Go ahead. MR. PERRY: Subject to the condition that, to the extent permitted by law, a sign prohibiting a right turn shall be placed at the development's exit onto Neff Way? CHAIRMAN FRYER: Yes. COMMISSIONER SCHMITT: Thank you for bringing that up. Yes, and subject to the -- there was no additional additions to the prohibited uses, so it's clearly stated within the petition. So we'll -- with that, it stands as well. But, yes, the petitioner will put up the sign as agreed to, and then the county staff, in the review process, will verify the location as part of the SDP process. Page 20 of 45 Packet Pg. 119 June 1, 2023 5.A.b CHAIRMAN FRYER: Thank you, Mr. Perry. Commissioner Vernon. COMMISSIONER VERNON: Yeah. I don't really like doing this, but based on the evidence, I concur with Commissioner Schmitt, and I'll second the motion to approve. CHAIRMAN FRYER: Okay. Thank you. Further discussion? (No response.) CHAIRMAN FRYER: If not, it's been moved and seconded to approve this application. All those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, all. MR. ARNOLD: Thank you. CHAIRMAN FRYER: I need to take us back in our agenda, because -- because of my advanced age, when I'm taken off track by a switch in the agenda, then I get confused. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: And so I need to go back to Planning Commission absences. And our next meeting is on July 6th of 2023. Does anyone know if he or she won't be able to attend that meeting? (No response.) CHAIRMAN FRYER: Good. Then -- COMMISSIONER VERNON: The 6th? CHAIRMAN FRYER: Yeah, July 6th. Then our meeting on the 20th, I believe, is being canceled. And so we don't need to ask about that. And the meeting following that is August 3rd. MR. BOSI: Third. CHAIRMAN FRYER: Anybody know at this early time whether -- COMMISSIONER SCHMITT: I believe I will not be here for the August -- I will not be here for the August 3rd meeting. CHAIRMAN FRYER: Okay. Thank you. Any other? COMMISSIONER VERNON: I turn off my phone, so I'm turning it on. I'll let you know in about two minutes, if that's okay. CHAIRMAN FRYER: Okay, all right. We'll hear from you at that time. Okay. Then we've got -- COMMISSIONER SHEA: Can I ask, are we having the 5:00 p.m. hearing on July 6th we had talked about? Is that a two-part -- two -meeting day? CHAIRMAN FRYER: Good question. MR. BOSI: We are in the process of evaluating whether the two items that we had scheduled tentatively for July 6th are going to be able to be cleared for advertising. So we're at the -- and the advertising deadline is within a few days. So I can't tell you that right now as to whether we're going to need the nighttime hearing. CHAIRMAN FRYER: Yeah. But you need our input with respect to a nighttime hearing on that date. MR. BOSI: Yes. CHAIRMAN FRYER: So does anyone know whether he or she could not attend an Page 21 of 45 Packet Pg. 120 5.A.b June 1, 2023 evening meeting on the 6th of July if one becomes scheduled? (No response.) CHAIRMAN FRYER: So no one is saying they cannot. COMMISSIONER SHEA: I'd love not to, but I'll be here if we have it. CHAIRMAN FRYER: So there's your feedback, Mr. Bosi. COMMISSIONER SCHMITT: Yeah. CHAIRMAN FRYER: Thank you. And from there, we go to approval of the minutes. We have two sets in front of us today, those of our April 20, 2023, meeting and those for our meeting of May 4, 2023. Any corrections, changes, or additions to either of those sets of minutes? (No response.) CHAIRMAN FRYER: If not, I'd entertain a motion to approve the -- COMMISSIONER SCHMITT: Make a motion to approve. CHAIRMAN FRYER: Is there a second? r COMMISSIONER SHEA: Second. c CHAIRMAN FRYER: Further discussion? (No response.) c CHAIRMAN FRYER: If not -- and we're acting on both sets of minutes, April 20 and May 4 -- all those in favor of approval, please say aye. COMMISSIONER VERNON: (No verbal response.) COMMISSIONER SHEA: Aye.00 CHAIRMAN FRYER: Aye. v COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. W CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you. BCC report/recap, Mr. Bellows. m MR. BELLOWS: Yes. On May 16th, the Board of County Commissioners approved The Haven Mixed -Use Planned Unit Development and companion Growth Management Plan a amendment by a vote of 4-1, with Commissioner Hall opposed. v CHAIRMAN FRYER: Thank you. M Chairman's report, none today. Consent agenda, none today. ***And so I believe that takes us to Golden Gate, and -- so that is PL20230002800. And I'll pause right here and ask a question. That seems like an awfully high number for a 2023 matter. Is that the correct number really? How did we get up to 2,800? E COMMISSIONER SCHMITT: Based on the date. CHAIRMAN FRYER: I mean, they go numerically. In 2023 you would expect to see a Q three -digit number at the end rather than a four digit. But if it's the right number, it's the right number. MR. BOSI: Mike Bosi, Planning and Zoning director. The way that our CityView system works, it's not only land -use petitions. It's all petitions that we account for. So with the volume that we process over at Growth Management, we just stack them up quickly. CHAIRMAN FRYER: Thank you very much. I just learned something. Thank you. All right. So all those wishing to testify in this matter, please rise to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) Page 22 of 45 Packet Pg. 121 5.A.b June 1, 2023 CHAIRMAN FRYER: Thank you. Disclosures, ex parte, starting with Ms. Lockhart, please. MS. LOCKHART: Staff materials only. COMMISSIONER VERNON: No disclosures. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Public materials and discussion with staff. COMMISSIONER SCHMITT: Staff materials only. COMMISSIONER SPARRAZZA: Staff materials only. CHAIRMAN FRYER: All right. And, Commissioner Vernon, did you want to be heard at this time? COMMISSIONER VERNON: Yeah. I just wanted to jump in before we start. lam available July 6th, and I'm available at 5:00 as well, and I am available on the other date, August 3rd. CHAIRMAN FRYER: Thank you very much. w d All right. We've had our ex parte disclosures. c Chair recognizes Mr. Arnold. MR. ARNOLD: Thank you. For the record, I'm Wayne Arnold here, representing Collier County Board of County Commissioners, who own the property that is the former Golden Gate Golf Course and is now a mixed -use project that was approved in the last year. So we have various staff members here. Mike has been the primary point of contact here for this application, and we're assisting staff in going through the neighborhood information00 meeting process and the public hearings. v The change is brought about really to deal with two tracts, the public -use tract that's highlighted on sort of the northwest corner of the property as well as a community facility tract that we created because they both relate to changes to accommodate the hopeful future development of a State Veterans Nursing Home on the property. They have -- Mike's been working with them and, I think, attended a recent meeting. But as you may have seen in the neighborhood information meeting minutes, there was really no m concern expressed about the changes to the greenway standards that we're creating if the veterans home comes into being. a It really became an informational session that -- Commissioner Saunders attended our v neighborhood information meeting and ended up speaking about the process and where we are in M the process of the veterans nursing home and the golf course, et cetera. So we are making very minor changes to the master plan and document to allow for a reduction in the greenway setbacks if the public -use tract is developed with a state veterans nursing home and to allow for there to be a potential offsite parking lot on our community facility site that's also owned by the county on Golden Gate Parkway. And those would all be connected by an E additional greenway, so -- CHAIRMAN FRYER: And, Mr. Arnold, the materials you showed at the NIM, there a were three points, and the third point was "revise the master plan." And staff confirmed for me Tuesday -- and I'll just ask you to make the record -- that the master plan is only being revised with respect to those first two points, correct? MR. ARNOLD: That is correct. CHAIRMAN FRYER: Thank you. MR. ARNOLD: So this is the approved master plan, and we would make note of the potential reduction in the greenway for the north and the south -- or the east and west portion of that public -use tract. So it's a fairly simple amendment directed by the Board to come back and find a pathway to help make it easier for a veterans home to be developed, and that's why we're here and hope you can support the change and move this along to the Board for their final decision. CHAIRMAN FRYER: Thank you. Page 23 of 45 Packet Pg. 122 5.A.b June 1, 2023 Questions or comments from Planning Commission? (No response.) CHAIRMAN FRYER: No one -- go ahead, Vice Chairman. COMMISSIONER SCHMITT: Yeah. My comment only is we have gone through this extensively during the rezone, and this is coming back to us. It was clear in the staff report this is coming back to us at the direction of the county because it's a county application. It sort of, I guess, would have, lack of a better term, it's almost a fait accompli because the Board has almost essentially agreed to this. It's just a matter of going through the process. It appears to be -- that's what it appears to be. So I have no issues other than it's clear that the county -- the Board of County Commissioners gave staff direction on this. Up to you, staff. MR. BOSI: If you're ready for the staff report, I can most certainly make a comment related to that. Yes, this was directed by the Board of County Commissioners. COMMISSIONER SCHMITT: Yeah. MR. BOSI: Of course, the Planning Commission is its own independent thinking body. N If you felt that there was something that was inappropriate being suggested, I think you guys would c probably identify it. But the term that was utilized when they directed staff to modify the Golden Gate Golf Course PUD to accommodate the veterans nursing home was the reduction in the greenway was offset by great public benefit that would be provided for by such a facility being developed. And one of the things that we were considerate of is in that reduction, if there is a reduction from that 100 feet to 40 feet and 20 feet on the east and west side, there has to be a wall with00 additional landscaping that's going to be provided for. v The 100-foot greenway was going to give the visual -- the spacing to be able to accommodate and provide compatibility. We understand if we're reducing it down to 40 and W 20 feet, we need a much -- a stronger visual screening, and that's where the wall and the landscaping will come into play. COMMISSIONER SCHMITT: And the wall is clearly specified in the documents -- MR. BOSI: Yes. COMMISSIONER SCHMITT: -- which I read as well. Thank you. CHAIRMAN FRYER: Thank you. Any further staff report? a MR. BOSI: No, other than staff is recommending approval. v CHAIRMAN FRYER: Okay. Questions or comments from up here? M (No response.) CHAIRMAN FRYER: If not, thank you, staff. c Any registered speakers? co MR. SABO: Chairman Fryer, we have no registered speakers for this item. CHAIRMAN FRYER: Thank you. We will close the public comment segment of this E hearing, and the matter is now in our hands for deliberation and action. (No response.) Q CHAIRMAN FRYER: No one is signaling. COMMISSIONER SCHMITT: I will make a recommendation for approval of 20230002800. Recommend approval, clearly, the -- as defined in the petition and the requirements as stated in the petition. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. Page 24 of 45 Packet Pg. 123 5.A.b June 1, 2023 CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, all. MR. ARNOLD: Thank you. CHAIRMAN FRYER: ***So that takes us to our last matter, and I will call that. Okay. This is PL20220008172. It's the so-called NIM rules of decorum, although I think we all recognize it's an LDCA that has gone beyond that, which is fine, but it's an LDCA that concerns primarily NIM rules of decorum plus some other things, matters purely legislative in nature with no quasi-judicial component. So no need for swearing in witnesses or for disclosures. And with that, the Chair recognizes Mr. Johnson. r MR. JOHNSON: Thank you, Mr. Chairman. For the record, Eric Johnson, LDC c planning manager. So today I have the privilege of presenting to you a Land Development Code amendment that would establish the neighborhood information meeting rules of decorum as well as a companion Administrative Code amendment. The Land Development Code amendment would change Chapter 10.03.05. The companion Administrative Code amendment would modify Chapter 11 of the Administrative Code.00 This item was scheduled to be heard by you in April, but it was postponed until May and v then postponed until today. So I'm glad to be able to present and hopefully walk away from here with some action taken by the CCPC. Just to give you a little brief overview, the neighborhood information meeting, affectionately known as the NIM, has been around for a while; however, back in 2022, last year, the Board directed staff to bring back an amendment to the Administrative Code to address an express concern for public safety, meeting decorum, and virtual NIM options. So we're just m following through with the Board's desire to have these rules of decorum. At first, when staff was drafting language, creating ideas, it was to be an Administrative a Code amendment only; however, after a consultation with our County Attorney's Office, it was v determined that because of the nature of the language that we're proposing to the Administrative cUY, Code, there were some substantive issues, so that also necessitates a Land Development Code amendment. 0� So this is what we have before you today. As you know or may not know, the NIM is required for certain land -use petitions. The applicant is required to go through the process to hold and conduct a NIM. Earlier last year, there was an issue with some folks who were at a NIM for E one of the petitions getting out of hand. It was determined at that meeting that the rowdiness was causing a problem, and the NIM had to be terminated, which is unfortunate. a So the Board's direction for us to, you know, change the NIM, basically, we're putting in writing the allowance of the applicant to be able to hold a NIM virtually or in person or a combination of both. We're also saying that if a NIM that was held that was disrupted because of circumstances like I just mentioned, that they would have to have a second NIM, and that second NIM could be in person, virtual, or a combination of both. It's unfortunate that we have to put in writing expected behavior for attendees, but this is the world we live in. So, really, this is what we're doing now is establishing the NIM rules of decorum. There's some ideas of having a virtual -only option, you know, less traffic, people don't have to actually drive to a location, which is less traffic on the streets. That sounds good. There's also -- I don't have the numbers in front of me. It's probably cheaper -- an educated guess would be that a virtual NIM is cheaper than having an in -person NIM. It's probably quicker to create that kind of forum. Page 25 of 45 Packet Pg. 124 5.A.b June 1, 2023 As of right now, we don't have anything on the books that says that an applicant can't have a virtual NIM only. So this is -- this is -- what we're doing is we're bringing forward the -- and we're putting in writing, putting a punctuation on it, yes, you could have a virtual NIM only as a first. If that gets disrupted, then we would have a second option. There were some ideas that were exchanged with Chairman Fryer when we were discussing the 2022 comprehensive update to the Administrative Code. Some of those ideas were not expressed in this iteration of the rules of decorum. Not meant to be a slight to Commissioner Fryer. This is a great opportunity to get everyone's input. I know that Commissioner Schmitt possibly had some comments himself, and I'm sure that we'll hear them today. So, again, I'm looking for a recommendation of approval from the Planning Commission, and I'll be happy to answer any questions that you may have. COMMISSIONER VERNON: Can you scroll up so I could see the rest of it? COMMISSIONER SHEA: Scroll up. CHAIRMAN FRYER: Thank you. While you're doing that, I do have a number of d r comments and some suggested language changes. But before I -- before I go ahead with that, I'm c going to call on Vice Chairman Schmitt. COMMISSIONER SCHMITT: Yeah, 2001, of course, I was the administrator at that time for Community Development/Environmental Services when the NIM was actually conceived and developed. It was a lot of pressure in this county because of the extraordinary growth that was taking place at that time, and the NIM, frankly, was a methodology to quell some of the angst and anxiety that was existing pretty much because of the growth that was taking place. That was my00 first year with the county. And it has morphed over the years. v But my two immediate comments are, I totally disagree with a virtual NIM. I don't think it's appropriate, and it only would be appropriate on one occasion, and that's going to be my second comment. But it was -- the words "communication" and "collaboration," because it was meant to be a collaboration. I have no problem taking the word "collaboration" out. I'm anxious to see what you wrote, but it wasn't -- the collaboration takes place in the applicant hearing at petitioner's proposal and then getting the input from the public. There is some collaboration involved, but if we want to remove that word, that's fine. a The incident that took place here two years ago, that's my second piece. This is a process v to educate the public. If the public chooses to be rowdy and not hear, I think it's within absolute cUY, right of the petitioner to say, I attempted to do this. I thank you very much for your time, those who attend. Unfortunately, you're being denied the presentation because of your fellow citizens. C? And I think that suffices enough. And if there's any other problems -- if the public chooses they don't want to give the petitioner time to present the information to the public, they meet the requirement. Then they can contact staff if they want to get the briefing or whatever else. E I don't think it's right for -- if we allow the public to protest, to force to cancel -- the cancellation of the NIM, it sounds like the petitioner's being penalized to have another NIM, and I a don't want to create that type of trigger from the standpoint why should the petitioner suffer because the public is ignorant enough to not allow for the NIM to take place? So that's my second piece. The only time I would agree to a strictly virtual is because the NIM was so disruptive that the only conceivable way to do it is by virtual. But I would totally disagree with strictly virtual. think it has to be in public. Ever since COVID, having been involved in up to 20 people in virtual meetings, it is absolutely ridiculous from the standpoint of trying to conduct business. We suffered through it during COVID, but -- and we've learned to adapt, but to do a public meeting strictly by video, I do -- I believe that it does not give the public the due process they need to hear the petition. So I would disagree with a video only -- doing a -- I mean, a videoconferencing through Skype or any other means, Microsoft, Teams, Skype, or you name them. So those are my two comments. Page 26 of 45 Packet Pg. 125 5.A.b June 1, 2023 But, again, I open it to my fellow commissioners. I don't want to give the public an opportunity to create a ruckus, so to speak, on site to force the petitioner to have to redo a meeting, because then that would only seem to me to be an enticement for them to come and to raise hell at a NIM. And I think it's -- the petitioner has, quote, met the requirement. They could then do a -- then they could do a video teleconferencing NIM if people so choose to dial in. So those are my two comments. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Exactly my two comments, but I will repeat it in my own words. I feel you need to have -- you can have a personal in -person and a Zoom, but to just have a Zoom only, I think, is very -- you're not going to get any communication. COMMISSIONER SCHMITT: Right. COMMISSIONER SHEA: It's too -- it's way too hard to manage it. And I totally agree that you shouldn't be punishing the petitioner because some of the citizens are missing the w d opportunity to listen to what's going on. You could do -- if you -- rather than having them c reschedule it -- why would you reschedule it? They're just going to do the same thing. COMMISSIONER SCHMITT: Right. COMMISSIONER SHEA: I look at it and say, send out your PowerPoint to the people that you sent out the invitations to, give them one week to submit comments. But why come back to another meeting? You find another avenue to get the communication you're looking for. COMMISSIONER SCHMITT: Can I -- I want to follow up, because sometimes the00 NIMs almost create a venue for someone from the public to get up and speak against the project v and almost take over the meeting. I've seen it happen a couple of -- in NIMs that I've attended. And they're not meant to be there. They're not meant to be forums for the public to get up -- and they can object all they want. They can raise opinions, but I'll go back to my days in the Army Corps of Engineers. When we had public meetings, the last thing we ever did is give somebody a microphone in the audience, because you just don't do that because it then becomes the meeting of the public to generate opposition. m And, in fact, what we did on any large project in the Army Corps of Engineers when we had public meetings, we would present the information in public, and then we would adjourn to a separate tables, and if people wanted to come and object, they would come to a table and sit and v object to one of the planners. cUY, This NIM process that we did here, it sort of wasn't conducive to that. And I go back to 2001. The environment here was --Ray remembers, 2002, '3, and'4, the perception was the C? developer got away with everything. I mean, it was in the front door and out the back door, and they got the approvals, and the public never was informed. And it created the NIM process, and, of course, we had -- part of it was cleaning up the public advertisement and the descriptions of E projects as well. So that's sort of where this was. And so it became a public meeting. But it is not a a meeting for the public to get up and get the microphone and almost present their objections. And then the staff -- sort of the perception was that staff was holding the meeting, but staff has no obligation other than to attend, take names, and identify themselves as a potential point of contact, just like they do on the sign. It says the planner's name and if people want to contact for information. The only thing that the staff does at the NIM is to describe the process and identify potential dates of public hearings. MR. JOHNSON: Correct. COMMISSIONER SCHMITT: That's the rest of the history. MR. JOHNSON: And also answer questions. COMMISSIONER SCHMITT: And answer questions. MR. JOHNSON: The way the current language has it is it designates the staff is the facilitator. Page 27 of 45 Packet Pg. 126 5.A.b June 1, 2023 COMMISSIONER SCHMITT: They're not. They're not the facilitator. CHAIRMAN FRYER: That language is gone. COMMISSIONER SCHMITT: That's gone, yeah. That was never the intent. MR. JOHNSON: That's what we're proposing. CHAIRMAN FRYER: Commissioner Vernon. COMMISSIONER VERNON: Yeah. I had to cancel my meeting with the staff this week. They usually help me prepare, so I'm looking at this in real time. I don't have as strong of feelings as the other commissioners because I'm just sort of digesting this right now. But simply from a strategy standpoint, I think, Commissioner Shea, Commissioner Schmitt, I mean, I can foresee that the developer, the applicant, will go to purely virtual meetings, and you'll never have another meeting. COMMISSIONER SHEA: Exactly. COMMISSIONER VERNON: And the more aggressive members of the public go to disrupting any in -person meeting so that you have to have a second meeting as a punishment to the N petitioner. So I definitely agree with their points. c I guess I really had some questions, because kind of just reading through this fresh, did you guys define who "attendees" are? MR. JOHNSON: No. COMMISSIONER VERNON: Okay. Because to me attendees would -- can include the county; it would include the staff. It wouldn't just include the members of the public. It would include the developer, and who's being inappropriate? I mean, that -- you know, who decides who00 is not following decorum? And that should be -- I'm just getting into the weeds here as to how this v is going to be interpreted. There's some openings here. Also, I'm concerned about the private security detail. Almost -- and my immediate reaction was the petitioner -- or the applicant should pay for it, but I think it would be better to have the Collier County Sheriffs Department to be there. Because you get a private -- what is a private security detail? I mean, that, to me, there's -- that can be the source of some trouble too. And then the last one, if you read that last sentence -- and, again, being a lawyer and trying m to interpret this in different ways, if you look at the last sentence, it says at the petitioner's discretion. You could -- I know that's not intended, but you could interpret that to mean we don't a have to have a second meeting. v So those are a lot of thoughts about let's -- if we're going to do -- this would be a big issue, cUY, and if we're going to do it, let's take the time to really have everybody, fresh eyes, look at it and see if we can make some changes to the words. C? And one thing -- again, I'm just thinking about this in real time, but maybe it's appropriate to require the petitioner to have an in -person first meeting, and then if that meeting is disruptive, then they can have a virtual meeting after that. E MR. JOHNSON: That sounds like what has been expressed today is that the first NIM would be in person, and then -- and then and only if there's a disruption where the first -- the a in -person NIM could not be completed, then you could have a second NIM, and that second NIM could be either in person or virtual or both. CHAIRMAN FRYER: When my time comes, that's exactly what I'm going to propose. And I've got some tweaks and nuances to offer along with it, such as if the disruptive person at the second Zoom NIM continues to disrupt, you can electronically mute that person, and that ends the disruption. But I've got several points I want to make. And I think what I'd like to do -- we've got a midmorning break coming up in two minutes. I can see this going on for another 30 minutes or so. I've got -- I've got a number things I want to say, and I don't want to be rushed on it. So without objection, I'm going to put us in recess until 10:40. That's 12 minutes from now. (A brief recess was had from 10:28 a.m. to 10:40 a.m.) Page 28 of 45 Packet Pg. 127 5.A.b June 1, 2023 MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you. We're back in session. And who was the last speaker up here, questioner? COMMISSIONER SHEA: Chris. CHAIRMAN FRYER: Yes. Commissioner Vernon, do you have anything further? COMMISSIONER VERNON: I'll just reiterate I think we need to define attendees. I think we just need to discuss the private security issue, and I think we need to reword the last sentence. And I'm repeating myself because some other commissioners may have thoughts on that. CHAIRMAN FRYER: Thank you. Vice Chairman. COMMISSIONER SCHMITT: Yeah. It's a rarity, I have to believe -- and I'm going to point to staff. It's a rarity that we ever needed security on -- maybe on one or two or three occasions of all the NIMs. I guess -- well, I have to understand who makes the determination whether security is c needed? The only issue I brought up during the break was the only time I have ever really seen a problematic with a NIM is when the venue isn't big enough, when they think there's only 50 going to show up and 400 show up. That is a reason for cancellation and rescheduling because -- simply because the venue wasn't MR. JOHNSON: Large enough. COMMISSIONER SCHMITT: -- there to accommodate the number of people that00 wanted to be there. But I -- I mean, it's -- I leave it optional to the petitioner. My opinion is it's v optional to the petitioner whether they want security and to who they bring. Because to say strictly a county sheriff -- first of all, the Sheriffs not going to do it during duty time. It's probably W going to be an off -duty officer/deputy that will be paid, or they choose to have private security. But private security has no authority other than maybe to stop some kind of ruckus. But other than that, I don't know that private security has any other authority. MR. JOHNSON: Commissioner Schmitt? COMMISSIONER SCHMITT: Yeah. 22 MR. JOHNSON: The security detail is an option. a COMMISSIONER SCHMITT: Okay. v MR. JOHNSON: Strictly an option. We wrote "encouraged." M COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: That's where we are. MR. JOHNSON: And I think Mike Bosi wants to say something. CHAIRMAN FRYER: Bosi. c MR. BOSI: Mike Bosi, Planning and Zoning director. A couple points I just wanted to --because I was at the meeting that was disrupted. There was four Sheriffs officers there. They didn't interrupt because of freedom -of -speech issues. So they're -- you know, if something -- you know, if there was an altercation, obviously, that would have changed, you know, the demeanor. But they -- you know, they were refrained, and they were constrained in their minds from asking the people to -- you know, to quiet down and allow the speakers to speak. And another aspect that I would suggest -- and I like the suggestion from Commissioner Vernon. If you do have a disruption, allow for -- allow for a NIM or a virtual only. Because what happened at that meeting was the public turned against the public. The people who wanted to hear what was being presented started to argue with the folks that were screaming, and they -- there was -- there was a point in time where I thought there was going to be an altercation because of just the confliction between the groups within the public, because, you know, obviously, there's -- you know, there's a number of different sides. Some people just wanted to hear. I'm not saying they were supportive of it, but they Page 29 of 45 Packet Pg. 128 5.A.b June 1, 2023 wanted to hear, and they weren't interested in just, you know, canceling the meeting. So I do -- I would suggest that if you -- if they do have something that was unable to go on, to at least allow for some means for the information to be presented by the people who were at the NIM who wanted to -- you know, to at least hear what was being presented and what the proposal is. COMMISSIONER SCHMITT: And it was Paul -- and I said the same thing as well. It would be -- it would be -- the only time when it would be allowed just to have a virtual only is you attempted to do it, and then the best way to provide an opportunity for the public to get the information is do it by virtual. MR. BOSI: And -- COMMISSIONER SCHMITT: And I would concur with that. MR. BOSI: And I would add another, that I've had a number of petitioners. And Mr. Fernandez actually did this within the golf course conversion process, but they've done the same thing that you've suggested. They wanted an overall presentation asking no w d questions -- having no questions from the public, and then having individual breakout tables. c COMMISSIONER SCHMITT: Right. MR. BOSI: The problem with that is Commissioner Fryer values the transcripts. How do we get a transcript from each individual table to be -- to be recorded or to be able to be documented what was discussed at each one of those tables? That places a tough burden upon that applicant for them to try to do that. So I agree that that always is probably the best way to get the information out and then00 have small individual conversations, because that -- you get a little less of that mob mentality v within that. COMMISSIONER SCHMITT: I'll just follow up that the NIM was never meant to be a public meeting -- a public hearing. MR. BOSI: No. COMMISSIONER SCHMITT: And I understand wanting to read the -- have access to the c video or whatever, but it's not a public hearing, and it's not part of that process. m (Commissioner Schumacher is now present in the boardroom.) 22 COMMISSIONER SCHMITT: So I don't know. I mean, I'm not -- if they wanted -- the a golf course conversion was a good example. If they want to have sit-down sessions with people v that have a concern, that's no different than somebody coming in and talking to either the petitioner M separately or to the staff separately. CHAIRMAN FRYER: Thank you. The record will show that we've been joined by C? Commissioner Schumacher. Welcome, sir. COMMISSIONER SCHUMACHER: Hey. CHAIRMAN FRYER: Thanks for being here. E COMMISSIONER SCHUMACHER: My apologies for being late. CHAIRMAN FRYER: Not a problem. a Commissioner Vernon. COMMISSIONER SCHMITT: We're on the last item. COMMISSIONER SCHUMACHER: Great. Perfect. COMMISSIONER VERNON: Yeah. We're -- I think, although only three of us have talked so far, we seem to be coalescing around an in -person meeting, first NIM. If it's a problem, then virtual -only second NIM. I think you pointed out correctly the private security deal -- detail is optional. So that's not an increased burden on the petitioner. And I do -- I do want to emphasize from my perspective, although this is almost never going to happen, I think we're literally writing it for the one time it does happen. So I think we want to focus on the type of situation Mike Bosi's talking about. And what do you do with a private security detail wherein members of the public are nose to nose with other members of the Page 30 of 45 Packet Pg. 129 5.A.b June 1, 2023 public? And are -- if that private security detail is not qualified, that makes me nervous because I think it could escalate the situation. It could literally make the situation worse. I think it's a great idea to have some kind of security there, and I understand the hurdles of the police, of the Sheriffs Office. But it seems like we should at least explore the possibility of the petitioner paying overtime for the deputies to be there because I think that provides a lot of immunity protection, all kinds of protections, and they're really trained to handle those situations regardless of what the combatants are. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Just following up with Commissioner Vernon on the devil in the details. So who calls the meeting and says it's too disruptive and now we're done? Who makes that call? CHAIRMAN FRYER: The current language provides that the applicant does. COMMISSIONER SHEA: So -- okay. r CHAIRMAN FRYER: If we want some other mechanism, we need to talk about c changing that language. But the way this is written, the applicant makes that call. COMMISSIONER SHEA: I think he has to. It's his meeting. CHAIRMAN FRYER: Oh, I agree. COMMISSIONER SCHMITT: I think he just would want acknowledgment from the staff representative there. That's all. MR. BOSI: And there was. There was an exchange, and we continued to try to make the00 presentation, and every time that we did, it was just the -- and it was only seven to eight gentlemen v that were causing the commotion, but they were louder than the loudspeakers. It was -- it was just CHAIRMAN FRYER: I am going to -- MR. BOSI: -- disruptive. CHAIRMAN FRYER: -- also, when my time comes, speak in support of having a live NIM. But if it becomes disruptive in the judgment of the applicant, that there would have to be a m follow-up electronic NIM that has to be well -managed and audible, but it also gives the applicant the opportunity to then mute people who are being disruptive. So I'm casting my lot in with others a who believe that's the way we should do it. v And I do have some other points to make, but I'm going to try to clear the deliberator first. M And so next we have Commissioner Sparrazza. `� COMMISSIONER SPARRAZZA: Thank you, sir. Following up with what you just said, I thought earlier we stated that if the petitioner holds the public meeting as required, should it become disruptive and maybe in conjunction with the county, the county and the petitioner say, this has gone too far; we're canceling the meeting, at that E point it is optional for the petitioner to hold a virtual meeting through Zoom or Teams or something, but not required. a CHAIRMAN FRYER: Well, they -- you mean optional whether they hold a Zoom or second live? COMMISSIONER SPARRAZZA: A second -- no, a second meeting of any part, because I thought Commissioner Schmitt said the petitioner did his part of allowing the public to come and communicate with the petitioner, and if the public disrupted it, they have then forfeited their time to interact with the petitioner, and the petitioner has met his requirements. CHAIRMAN FRYER: My concern -- COMMISSIONER SPARRAZZA: And that's different. CHAIRMAN FRYER: My concern about that is that if you have one or two outlier members of the public who are spoiling it for 50 or 75 people who are behaving themselves and who deserve an opportunity to have a NIM, that's why we would want to have an option of a second live NIM, or what would invariably happen would be the second NIM would be on Zoom Page 31 of 45 Packet Pg. 130 5.A.b June 1, 2023 so that it can be controlled by simply muting people who misbehave. That's the reason why -- and, also, the applicant is -- does not have an incentive to declare the NIM over. He's got a disincentive for doing that because he's going to have to have a second NIM. COMMISSIONER SPARRAZZA: And thank you, sir. I -- what I was trying to understand and clarify is that the second NIM, whether it be virtual or in person, is not optional. It is required should they cancel the first due to an unruly crowd. CHAIRMAN FRYER: Well, I think we're saying the same thing. COMMISSIONER SPARRAZZA: Okay. CHAIRMAN FRYER: Okay. COMMISSIONER SPARRAZZA: It's been clarified now. Thank you. CHAIRMAN FRYER: Commissioner Vernon -- thank you. Commissioner Vernon. COMMISSIONER VERNON: No, I just was going to make sure I'm on the same page with you two, and I am. CHAIRMAN FRYER: Okay. Good. c Commissioner Schumacher. COMMISSIONER SCHUMACHER: I just wanted to add in, I've seen a NIM -- excuse me. I've seen a NIM like this. It started off at the North Collier firehouse there. There was too many people. COMMISSIONER SCHMITT: Famous one, yep. COMMISSIONER SCHUMACHER: And then it then moved to the Florida Sports Park00 where there was a few individuals in the audience, and there was probably over 150 people there, v that just destroyed it for everybody. And my email communication with staff at the time, prior to even being on this board, was if they just held a Zoom, it would be a whole lot easier if you just did it -- that way you can mute those so that the others could actually see the presentation and have educated questions to ask. So I agree that it is -- it's beneficial for the applicant to have the NIM. I think in -person is the way to go, and if that doesn't work, then you go to an online version. m CHAIRMAN FRYER: And I think as you've stated it, it is quite very much in line with all the other comments that have been made. I think that's the direction we're headed. v a And so at this point, no one else is lit up on the deliberator, so I'm going to say a word or v U two or three or more. cY, First of all, I would like to propose -- and we don't -- we can -- why don't we just -- why don't we vote on these separately so that we can actually get some business done here. C? I'm going to move that we -- that we change the language so as to require an initial in -person NIM and that in the applicant's discretion, if it becomes too contentious to be effective or c useful, that the applicant may recess the NIM to be reconvened either electronically or in person. E My guess is that it would be invariably electronically. And that then if the -- if the contentious people decide they want to call in on the Zoom, they can be muted, and the NIM could be a continued for those who were behaving themselves and wanted the information and wanted to be heard. So I'm going to -- I'm going to go through several of these, but that's my first motion. Is there a second? COMMISSIONER SCHMITT: I second. CHAIRMAN FRYER: Any further discussion? Okay. MR. JOHNSON: Mr. Chair? CHAIRMAN FRYER: Yes. Go ahead, Mr. Johnson. MR. JOHNSON: I have a question. Regarding the reconvening of a second NIM, you said electronic or in -person. Do you mean electronic or in -person or a combination of both? CHAIRMAN FRYER: Yes, I do mean that. Thank you for the clarification. MS. ASHTON-CICKO: Mr. Chair. CHAIRMAN FRYER: Yes. Page 32 of 45 Packet Pg. 131 5.A.b June 1, 2023 MS. ASHTON-CICKO: Sometimes NIMs get -- have to have a second NIM because the duration between the first NIM and the hearings is more than a year. Are you going to speak to that as well? CHAIRMAN FRYER: I was not in this particular case -- MS. ASHTON-CICKO: Okay. CHAIRMAN FRYER: -- because that's already a matter of our ordinance law, correct? MS. ASHTON-CICKO: Well, currently, because there's no electronic option under our current LDC, they're all in person. So I didn't know if the group -- if the Commission had any thoughts on the second NIM, whether that should be in -person or virtual. CHAIRMAN FRYER: Well, is your recommendation that we deal with that now? Because we can. Or is it sufficiently separate and distinct that we could deal with it in another proceeding? MS. ASHTON-CICKO: It's at your pleasure. You can deal with it in the future. CHAIRMAN FRYER: All right. What's the wish of the Planning Commission? r COMMISSIONER VERNON: I would say we keep it separate. It's already complicated c enough. CHAIRMAN FRYER: Okay. I'm kind of inclined to agree, but it's a good point that you raise, and we need to deal with it. Any further discussion before we vote? COMMISSIONER VERNON: I just had a quick question. CHAIRMAN FRYER: Please go ahead, Commissioner.00 COMMISSIONER VERNON: On the first meeting, we're all in agreement -- I think v we're all in agreement it be in -person. Is there -- should we have the virtual on top of the -- in other words, it be both? W CHAIRMAN FRYER: Yes, I think so. I believe that -- and I should have clarified. COMMISSIONER VERNON: And that way people who can't attend in person can attend virtually if they prefer. CHAIRMAN FRYER: Yeah. The same way we're doing it now. m COMMISSIONER SPARRAZZA: I'd like to comment on that, if we may, from a technical side. v a While it may be the idea for the petitioner to hold it virtually also, there may be a technical v reason at the venue that does not allow him technically to connect to the Internet to then allow cUY, Zoom or something. So while it would be an option or a desire, I don't think we can impose that on the petitioner to demand that the first meeting is always allowed to be virtual in addition to, C? because of -- if they hold it at a church, and the church has terrible WiFi, they can't get that Zoom signal out to the public. CHAIRMAN FRYER: That's a very good technical issue. Here's my concern. It E touches upon a much broader question that is being talked about at the BCC level and elsewhere, and that has to do with taking up contentious matters during the summer, and the BCC has yet to a make a pronouncement on that that I'm aware of. But they may be having to deal with that, and an argument for allowing all matters to be heard in the summer is that people are free to call in both in commission meetings and also in NIMs. And so that is a -- is a consideration. I don't disagree with Commissioner Sparrazza, and I'm glad he raised that concern, because it's a technical one. Why don't we -- why don't we resolve it in this fashion, that we put in language "to the extent technologically practicable"? (Simultaneous crosstalk.) COMMISSIONER SPARRAZZA: And it will still be mandated or an option for the petitioner to hold an electronic meeting accompanying the public meeting? CHAIRMAN FRYER: In my view, it would be mandatory if it is technologically practicable. COMMISSIONER VERNON: Can I jump in, since I brought this up? Page 33 of 45 Packet Pg. 132 June 1, 2023 5.A.b CHAIRMAN FRYER: Please, please. COMMISSIONER VERNON: I think Randy completely convinced me I shouldn't have brought it up. So I would say I think right now, they're not mandated to have in -person and virtual, correct? MR. JOHNSON: That's our interpretation, yep. COMMISSIONER VERNON: But they do it a lot anyway because they want a productive NIM. Do they usually do virtual too if they can? MR. BOSI: Most NIMs have chosen to go the virtual route as well as the in -person. COMMISSIONER VERNON: So they're already kind of doing it when they can, because then it makes for a more productive one. So we're trying to address the problem of a crazy, rowdy NIM. And I'm not sure -- I'm trying to solve a problem that doesn't exist. So I concur with what Randy said, and I don't want to mandate that it be virtual -- MR. JOHNSON: For the first one. COMMISSIONER VERNON: --even if limited to when practicable. So I just -- I withdraw my comment and agree with what Randy said. CHAIRMAN FRYER: Right. So what if we changed it to "encourage." COMMISSIONER VERNON: I'd just to leave alone. I wouldn't -- CHAIRMAN FRYER: Okay. COMMISSIONER VERNON: But I'm okay. I mean, whatever the will of the Commission is, I'll go with, but I'd just leave it -- I'd just pretend I never said that. CHAIRMAN FRYER: Mr. Johnson? MR. JOHNSON: I would recommend that we mandate that the first -- well, you recommend that the first NIM -- the initial NIM be in person, and it's the applicant's choice to include the virtual option should they so choose. But definitely the first NIM should be in person only with the option of virtual inclusion. CHAIRMAN FRYER: I think that captures pretty much what I'm hearing. COMMISSIONER VERNON: I'm with that. That's fine. CHAIRMAN FRYER: Okay. That's how we'll do it. Good. Good suggestion. Thank you. Have we voted on this yet? COMMISSIONER SCHMITT: No. CHAIRMAN FRYER: Okay. So we are -- we are going to mandate the NIM to be in person. It's optional whether it also be via Zoom or other electronic means and give the applicant the prerogative to recess the in -person NIM if it becomes out of order and nonproductive, but that if that is the case, there will be a second NIM, and that may be electronic or in person but, invariably, I think it would be electronic. COMMISSIONER SHEA: Should we add something on a limitation -- I mean, what is our standard limitation between -- for notices on a NIM? So if they're going to have a second one, is that 30 days? Are we now putting them into a cycle that if he -- can we give him some relief that if he has to cancel because of disruption, then the next one can be in a shorter duration? CHAIRMAN FRYER: Good question. COMMISSIONER SCHMITT: It's an advertising requirement. MR. BOSI: That's an advertising requirement. If you think it would be appropriate to provide less notification for people to be accommodated for the next NIM, I'm not -- that would be your -- you know, the discretion of the Planning Commission, if you feel like reducing that time frame. Right now they have to send the -- have the advertisement 15 days before the NIM as well as send out the notification letters 15 days before the NIM. If you want to reduce that, that would be -- COMMISSIONER SHEA: So it's only 15 days right now? MR. BOSI: Yes. CHAIRMAN FRYER: That's not much. Page 34 of 45 Packet Pg. 133 5.A.b June 1, 2023 COMMISSIONER SHEA: That's not much. COMMISSIONER SCHUMACHER: Quick question. Mr. Bosi, could they just include that in their advertisement, like a disclaimer that says if the meeting is disrupted, therefore, the first -- MR. BOSI: They could always -- if they were anticipating something like that, they could most certainty advertise with one advertisement and one notification two alternatives as a fallback, yes, they could. CHAIRMAN FRYER: All right. I'm going to move the previous question so that we get a vote on this. And I think I've -- I think I've stated it -- does anybody -- COMMISSIONER SCHMITT: Yes. CHAIRMAN FRYER: Okay. All those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. r COMMISSIONER SCHMITT: Aye. c COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. And I've got a few more of these. I'm going to recommend at the end of presentation00 that -- we haven't done this since Mark Strain was chairman, but that we actually bring this v language back to consent COMMISSIONER SCHMITT: I would agree. CHAIRMAN FRYER: -- so that we can look at it. COMMISSIONER SCHMITT: We need to look at this, and then we'll bring it off consent if we want to discuss. a� CHAIRMAN FRYER: Yeah, good. Okay. All right. So that takes care of that. And m I'm glad that we had that discussion. Then I'm on Exhibit A, changes to Administrative Code. And this is Page 916 of 1085 of a our packet. And the last sentence, which is new, under the location section, says, all v videoconference meetings shall provide reasonable accommodations for disabled persons if M requested by any of the registered attendees. Now, I've had conversations about this with Mr. Bosi and other staff members in my meetings with staff, and I think a question has been raised c whether -- whether we're capable of doing this or requiring it and whether it's legally required that co we require it. So I'm going to turn it to Mr. Bosi because he and I are the ones who had a discussion about this sentence. MR. BOSI: Yeah. And we're just trying to get to the --and, Eric, I think you're in the right section, just go to the location. CHAIRMAN FRYER: Yeah. It's the last sentence under location. I think we were going to delete that new sentence. MR. JOHNSON: This one right here? "Reasonable accommodations"? CHAIRMAN FRYER: Yeah. I just -- if I recall -- and Mr. Bosi, please speak for yourself, but as I recall, this -- we were creating a practical difficulty, if not impossibility, for ourselves in some situations. MR. BOSI: That was part of our discussion, because I wasn't sure what we could do in terms of -- to address those issues. But I did have a follow-up conversation with Mr. Johnson, and he did say that there was an ability for, say, if an individual was deaf, that Zoom has closed -caption opportunities. CHAIRMAN FRYER: Well, of course, if that's available, it should be encouraged and Page 35 of 45 Packet Pg. 134 June 1, 2023 5.A.b used. MR. BOSI: But I don't -- I think you're right, that there may be some conditions that are outside, and we have no way to address that. CHAIRMAN FRYER: So without objection from the Planning Commission, I'm going to state that I believe it's the consensus that we remove that sentence. COMMISSIONER SCHMITT: I would concur. COMMISSIONER SPARRAZZA: Agreed. COMMISSIONER SCHMITT: It's open. I have to say, there's Florida Statute and Florida -- and ADA, American Disabilities Act, there are requirements, that if somebody feels that they're in violation, certainly they can file a suit. But I would leave it out because what's -- if it's not said, it's implied by state or federal law, and we just take it out. CHAIRMAN FRYER: Okay. Thank you. So that's the consensus of the Planning Commission, unanimous consensus. Then, recognizing the practical reality, us, vis-a-vis the Board of County Commissioners, I think we are the primary consumers of NIM transcripts, NIM recordings. They're obviously fully available to the Board, but I expect that to the extent that the Board considers it at all, the Board probably assumes that we're looking at it and covering that issue for them. So as the primary consumers of the NIM transcript, I'm offering these proposed changes: And this is in the section -- the conduct of meeting and decorum No. 1, and about four lines from the bottom of the first paragraph, which begins, "The applicant is required to record." I would change that to read, "The applicant is required either to transcribe in writing or to electronically record." Now, I know I'm splitting my infinitive, but it's easier to say it that way. COMMISSIONER SCHMITT: Concur. CHAIRMAN FRYER: Okay. Anybody disagree with that? We can maybe just do it that way. No disagreements? (No response.) CHAIRMAN FRYER: So we're giving the applicant the option of having a court reporter there and taking notes or, for that matter, having a court reporter transcribe from an electronic version. But either the written transcription or the electronic version, MP4 or whatever. Mr. Johnson. MR. JOHNSON: Mr. Chair, I just had a thought, and I didn't want to lose it. My concern with "transcribe," does that imply that it's a verbatim transcript? Because right now we require a written summary. CHAIRMAN FRYER: Yeah. Well, it does -- I'm wanting to go beyond written summary. Written summary is not enough for me. COMMISSIONER SCHMITT: I disagree. This was never intended to have a court reporter. CHAIRMAN FRYER: Well, this is an option. COMMISSIONER SCHMITT: Well, they could do it as an option, but I don't think it should be a requirement. CHAIRMAN FRYER: It's not. COMMISSIONER SCHMITT: That was never the intent of the NIM to be a full -- like, almost a repeat of the public hearing. That was not the intent of the NIM. MR. BOSI: So from what I hear -- COMMISSIONER SCHMITT: If they want to have a verbatim, that's their choice. MR. BOSI: So what the Chair, I think, is saying is the applicant is required to either provide the recording or -- or, if they choose to, a full transcript. CHAIRMAN FRYER: That's right. MR. BOSI: So it's not a requirement that they have to have the full transcript. They can go recording, but if they want to provide the specificity of a full transcript, that's an option that's available to them. Page 36 of 45 Packet Pg. 135 5.A.b June 1, 2023 CHAIRMAN FRYER: That's all I'm asking. COMMISSIONER SCHMITT: All right. I agree with that. CHAIRMAN FRYER: Okay. Then the line below that, it says, and to -- "and provide an audio or audio/video." Now, here, particularly in view of some of the things that have happened recently and that I've been made aware of with respect to inaudible -- inaudible records, I think it is important for us by way of emphasizing to the applicants their responsibility to assure that -- if they're going to go with an MP4 or some other electronic version of the NIM, that it be audible. And so I would want to add the word "audible" -- before "an audio or audio/video," I would want it to say "an audible audio or audio/video." I have assumed that that's implied, but it keeps coming up, so I think it needs to be emphasized. Any objections? (No response.) CHAIRMAN FRYER: Okay. Without objection, I'm going to say it's the consensus. Then, finally, on this section at least, I'm going to ask Mr. Johnson to explain to me the N meaning of the last sentence of that paragraph that begins "if videoconferencing." I don't c necessarily disagree with it. I just don't know what it means. MR. JOHNSON: That would be similar to like the Zoom technology where, if you're going to do a Zoom meeting, it should have the capability to archive written comments of the attendees. CHAIRMAN FRYER: "Archive" is the word that I'm questioning. What do you mean by "archive"? 00 MR. JOHNSON: Record. Somehow -- the written comments that are in a Zoom N meeting, that has to somehow get to that written summary somehow. CHAIRMAN FRYER: The written comments that are in the Zoom meeting? W COMMISSIONER VERNON: Yeah. You can do chat. Like, you've got a video, and on the side you can type questions or chat. CHAIRMAN FRYER: Oh, that's what you're talking about? MR. JOHNSON: That's what I'm talking about. m COMMISSIONER VERNON: Yeah. And you want those to be -- not -- well, archived after they're recorded. You want them captured. You want them captured and then made part of a the record? v CHAIRMAN FRYER: Yeah, and that's what I'm looking for. I understand it now, and M that's what I mean. So let's use the -- say "capability to capture written comments." COMMISSIONER SCHMITT: That's better, yeah. C? CHAIRMAN FRYER: Good. Thank you. And then my last two comments. COMMISSIONER SCHMITT: I would say, "capture and note in the summary." MR. JOHNSON: The written summary. E COMMISSIONER SCHMITT: "Note in the written summary." CHAIRMAN FRYER: Okay. a COMMISSIONER SCHMITT: Yeah. Then under meeting follow-up, Section 2, which is all new, it begins, "The county staff planner or designee shall," and just because it's been an issue, it probably needs to be emphasized a little bit. I would ask that the word "promptly" be inserted between the words "shall" and "post." I've discussed this with staff, and staff has no objections. COMMISSIONER SPARRAZZA: Is there a time frame that "promptly" relates to? CHAIRMAN FRYER: The standard would be reasonableness. I'm not -- I'm not trying to say 48 or -- it's just reasonable. COMMISSIONER SPARRAZZA: Okay. CHAIRMAN FRYER: Okay. Any objections to that? COMMISSIONER SCHMITT: No. CHAIRMAN FRYER: Okay. Thank you. Page 37 of 45 Packet Pg. 136 5.A.b June 1, 2023 Then my last one, "post the," and then add "written transcript and/or videoconference," and that's just to make the concept agree with making the transcript an option for the applicant. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: So if -- Mr. Johnson, if you have any questions about any of that, let's communicate after the meeting, and I can give these to you again. But I want this brought back on consent so that full Planning Commission can look at the language and be satisfied with it. MR. JOHNSON: Sure. I do have one question. CHAIRMAN FRYER: Go ahead. MR. JOHNSON: When we talked about the "have the capability to," we struck out "archive" and replaced it with "capture and note in the written summary." When we say the word "capture," does that imply that it's a screenshot of the written comments or could it -- or could it be just a summary of that written comment? CHAIRMAN FRYER: My intention and my understanding would be either one at the applicant's discretion, just so that we know what that comment was. Does anybody disagree with d r that? c COMMISSIONER SCHMITT: I have no problem if it's a screenshot. I mean, I've sat there and done it on videoconferencing. You send notes -- you can send notes to speakers. MR. JOHNSON: I was just getting nervous that they would be beholden to only doing screenshots. CHAIRMAN FRYER: No, they're not. COMMISSIONER SCHMITT: No, they're not.00 CHAIRMAN FRYER: Just as long -- we want to capture the comments in some form or v fashion. COMMISSIONER SPARRAZZA: I believe there is a way on Zoom -- COMMISSIONER SCHMITT: There is. COMMISSIONER SPARRAZZA: -- to actually have a read-out of all the comment and it says who -- who it is addressed to and who was writing the comment, and it comes out basically in a text file. COMMISSIONER SCHMITT: There is. And Microsoft Teams, the same thing. It comes out. You can get the entire sidebar. COMMISSIONER SPARRAZZA: String. CHAIRMAN FRYER: All right. I have no further questions or comments, but Commissioner Vernon is igniting here. COMMISSIONER VERNON: Yeah. I didn't want to interrupt the flow, because great job, thank you for all that detail. But I wanted to go backup to the beginning just to make sure my comments were addressed, whether agreed to or not, by the commissioners before we come back. I think the definition of -- there should be a definition of "attendees," and I think the attendees should be what we are calling the members of the public. And the way it reads now, attendees would include private security detail, sheriffs, it would include everybody, and I don't think that's the intent. CHAIRMAN FRYER: I agree. COMMISSIONER SCHMITT: The attendees -- there's a requirement for the NIM of -- to send notices to -- and it depends. In the county, the Estates' distance was different than the urban area, but there is a notice, and those -- they are deemed the attendees. The potential attendees are the ones that receive the notice. Anybody else can come if they so choose. If you see the advertisement, you can -- you can -- any member of the public can attend the meeting. COMMISSIONER VERNON: Well, I'm just trying to define --that's why I'm trying to define it in the document so that it's not misused by somebody trying to cause trouble. CHAIRMAN FRYER: I've just done a global word search, and the word "attendee" or "attendees" appears twice, and your comment makes sense in relation to the two places. They're both on page -- no, no, no, more than twice. But the first place is on Page 913. It says, "The Page 38 of 45 Packet Pg. 137 5.A.b June 1, 2023 expectation is that all NIM attendees will conduct themselves," except -- and you mean it in that context? COMMISSIONER VERNON: I mean attendees as Commissioner Schmitt's suggesting, and we've -- I think we all think, and that is anybody -- a member of the public, which would not include sheriffs department, private security detail, attorneys who are hired by somebody, applicant, petitioner, staff. CHAIRMAN FRYER: Why don't we say "attendee" means "interested member of the public"? Because Sheriffs officers are members of the public, but they're not interested in the process. COMMISSIONER VERNON: Yeah. I'm not sure of the exact wording, but I think we're all -- I think we're all in agreement what we're saying. COMMISSIONER SCHUMACHER: Would it be like attendees not being compensated for their attendance at the meeting? Because that would be the public. COMMISSIONER VERNON: Yeah. I mean, that might work. And maybe the starting as r point is to go back to Commissioner Schmitt, wherever it says there may be some definition in the c notice, and you sort of track that and then supplement it with what we said. So I don't know the exact way to do it. But I think we all know what we want to do, and I just -- I charge you guys with figuring that out. CHAIRMAN FRYER: Well, since this is coming back on consent, we'll just ask staff to figure out the best way to say it and include a definition. COMMISSIONER VERNON: And then a second point --and maybe I just didn't read it00 well, but I think we're all in agreement that the person -- I think Commissioner Shea brought it v up -- the person or who or that -- yeah, the person who decides whether to call the meeting is the applicant, because they're the ones hosting the meeting, if you will. And I just didn't read that in that. So I just want to make sure it's in there, and if it's not in there, I think we all agree that that's the person who makes the call of whether to cancel the meeting. CHAIRMAN FRYER: I thought that's in here. COMMISSIONER VERNON: It might be, because somebody said it was, but I just didn't m see it. CHAIRMAN FRYER: It says, if the petitioner is unable to complete the NIM due to the disorderly conduct of the attendees, the NIM shall adjourn, and the petitioner will be required to conduct -- it's not crystal clear, I guess. COMMISSIONER VERNON: I think just that second phrase, "The petitioner shall have the right to adjourn it." CHAIRMAN FRYER: Yeah. COMMISSIONER VERNON: Something like that. CHAIRMAN FRYER: Yeah, yeah, okay. So you got that? MR. JOHNSON: I'm glad this is being recorded. CHAIRMAN FRYER: Okay, good. COMMISSIONER VERNON: And I know these sound like petty little details, but this is what -- if you get somebody who gets really organized, they're going to say, well, that's not what it says, Mr. Bosi. You're being rowdy. You need to get out. CHAIRMAN FRYER: I think these points -- COMMISSIONER VERNON: And then the last point is -- which is a little more philosophical than a wording issue, but the "private secure detail" concerns me, because if you have unqualified private security who shows up and they are prepared for a fight but don't know how to deal with a fight, that's not a good -- that's not a good mix. And I don't know how to solve it. I mean, my idea was to have the Sheriffs Department paid overtime and paid for by the petitioner, but that may not be legal; it may not be -- Sheriff Rambosk might not be willing to do that. I don't know. But I just am concerned with the language we have. CHAIRMAN FRYER: I think it's done all the time, is it not? For instance, when we Page 39 of 45 Packet Pg. 138 June 1, 2023 5.A.b approve church conditional uses, the Sheriffs deputies are to be brought in on an overtime basis to direct traffic. MR. JOHNSON: I don't know if it's -- you know, they're required to meet with the Sheriffs Office. I don't know. Mike? MR. BOSI: And I'm trying to recall when -- the specificity. I'm not sure if we designate Sheriffs officer, specifically an officer or just a traffic control -- individual to control traffic. MS. ASHTON-CICKO: Please keep in mind that these NIMs are a meeting conducted by the applicant, a requirement of the applicant. They are not a county meeting. COMMISSIONER SCHMITT: Right. MS. ASHTON-CICKO: So we do like to let the applicant have, you know, quite a bit of control over how they elect to handle it. So I just wanted to point that out. MR. JOHNSON: It was my idea that "security detail" could mean a privately contracted security company or the Sheriff s Office if the applicants so choose. That was the meaning behind "security detail" to me. COMMISSIONER SCHMITT: And I would agree. I mean, if they want private security, it is not a county meeting, and there's nothing that would create some kind of liability back on the county. This is an applicant's meeting. It is not a county -sponsored event. And if an applicant feels threatened and they want to bring in private security, I would agree. I mean, that's -- I don't --other than through licensing and whatever competency, but that's not our job. I don't think we need to worry about that. If they want to bring in security, that's their -- that's who they bring in. COMMISSIONER VERNON: Well, I think you make some good points. I'm still concerned, and maybe the only solution is if it's possible to say "licensed," "qualified," somehow put something on there so it's not any broader than it needs to be. But I do understand that this is their meeting. It's not a county meeting. And do we want to get involved with private security? And I think that's a valid point. I just would like to tighten it up as much as we can without going beyond what I think Commssioner Schmitt said. MR. JOHNSON: You could strike out that entire sentence. COMMISSIONER VERNON: Well, we want to give them the right. So I'm trying to navigate through this. I think we want to give them the right to have private security detail. CHAIRMAN FRYER: So what about where it says "to provide a security detail," we add the words "licensed and qualified" in front of "security"? COMMISSIONER VERNON: I think that's about the best we can do, given the comments I've heard. CHAIRMAN FRYER: Any objections? COMMISSIONER SCHMITT: No objections. I was going to say the same thing. Just say "qualified" -- "licensed and qualified." CHAIRMAN FRYER: Good. COMMISSIONER SCHMITT: I have no idea what the licensing procedures are. CHAIRMAN FRYER: Well, probably open carry. COMMISSIONER SCHMITT: Yeah. Well, that's true. COMMISSIONER SPARRAZZA: Concealed carry. COMMISSIONER SCHMITT: Or concealed cant'. COMMISSIONER VERNON: I'm just trying to avoid, "My brother-in-law was an MMA fighter, so I think I'm going to bring him," you know. That's what I'm trying to avoid. MR. JOHNSON: He would be very effective, though. No, I'm just kidding. Humor, humor. CHAIRMAN FRYER: Okay. Any other changes, comments, language issues with what has been brought before us? (No response.) CHAIRMAN FRYER: If not, you've gotten a series of consensus points. I think Page 40 of 45 Packet Pg. 139 5.A.b June 1, 2023 everything's been unanimous from up here. We do want it brought back on consent for a final look. And just so everyone understands --and I know Vice Chairman and I remember this because we've been up here long enough -- but when something comes back on consent in front of the Planning Commission, it's not on the whole issue. It's just on the change points so that we're going to look at the new language only when it comes back on consent. It doesn't open up the whole can of worms. COMMISSIONER SCHMITT: When it comes back, you give us a version with a strikethrough and underline just so we see where the changes are? MR. JOHNSON: Before and after. COMMISSIONER SCHMITT: Yeah. CHAIRMAN FRYER: Yeah. MR. JOHNSON: Sure. CHAIRMAN FRYER: Yeah. And then our review is limited to the new language. COMMISSIONER SPARRAZZA: Just that? r CHAIRMAN FRYER: Yes. c MR. JOHNSON: Am Ito interpret that the original vote also qualifies what we just talked about for the Administrative Code, or does that require a separate vote? CHAIRMAN FRYER: Well, it was presented to us as a package, and my changes -- my changes -- well, the -- COMMISSIONER SCHMITT: I have no problems with the changes in the Administrative Code. I think it's pretty clear, but it just -00 - Ln CHAIRMAN FRYER: I'd still like to see the language. COMMISSIONER SCHMITT: Just bring the language back. MR. JOHNSON: I will. °r CHAIRMAN FRYER: For both the LDC and the administrative. MR. JOHNSON: Before and after. CHAIRMAN FRYER: Thank you. Anything further? COMMISSIONER SCHMITT: Do we have any members of the public? CHAIRMAN FRYER: That's a good question. Have we -- have we actually voted? I don't think we have. Have we? COMMISSIONER SCHUMACHER: We voted on the first one. CHAIRMAN FRYER: Yeah, we voted on the first one. But I'd entertain a motion at this time to approve all of the other proposed changes that have -- Mike, am I not doing this? COMMISSIONER SCHMITT: I make a motion that staff unscramble what we said and bring it back on consent agenda with a strikethrough and underline noting the changes for both the LDC -- proposed LDC amendment and the changes on the Administrative Code. COMMISSIONER VERNON: Vernon seconds. CHAIRMAN FRYER: Further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. And I'd only note for the record that all of the proposed changes, perhaps some were Page 41 of 45 Packet Pg. 140 June 1, 2023 5.A.b scrambled, but they were all unanimously approved by the Planning Commission. Okay. I think that -- COMMISSIONER SCHMITT: Do we have any members of the pubic that wanted to speak on this? CHAIRMAN FRYER: Boy, I should have asked -- I hope not now. Any members of the public wish -- sir, my apologies. MR. JOHN JOHNSON: I talked to Eric here while you guys were in session. My name's John C. Johnson, by the way. CHAIRMAN FRYER: Uh-huh. MR. JOHN JOHNSON: What's very confusing to me, coming -- now understanding what a NIM is, that if you explain it to the public, that their input really doesn't matter. It's just strictly informational. I don't think you'll have the disturbances because people are coming to voice their opinion thinking there's going to be a change, which their opinion isn't going to change a damn thing. CHAIRMAN FRYER: Well, it may or may not. But, I mean, I know that -- I agree with the substance of your point, which is that it's -- nothing obligatory on the applicant is going to happen, but applicants frequently not only listen carefully to the comments that the public makes, but then they change the deal in order to try to placate some concerns. That happens very frequently. COMMISSIONER SPARRAZZA: We see it here. COMMISSIONER SCHMITT: But you're correct; it is a forum -- strictly information. It is a forum for the applicant to get input from the residents and then maybe -- I say the word "maybe" -- hopefully make changes to resolve any of those concerns. But the forum for really raising concerns is this public hearing here at the Planning Commission. MR. JOHN JOHNSON: Right. And not being familiar with that process -- COMMISSIONER SCHMITT: Yeah. MR. JOHN JOHNSON: -- same thing with public hearings. You go to a public hearing, your input really doesn't matter because it's not going to change. I think people don't understand that, because I definitely had -- you know, I'm originally from Chicago. If you went to a public meeting, you spoke, all of them would listen to you, and it would change things based on what you said. These meetings actually come back to you guys to make the decisions, and I don't think people understand that process. COMMISSIONER SHEA: I'd be leery about saying you aren't going to -- I don't agree with that. I think we get -- the petitioners get tremendous feedback, and they do, more often than not, make changes to the public comments. So there is the chance to impact the proposal. COMMISSIONER SCHMITT: Absolutely. There is a chance if they get public comment. But I think what you're saying, it's -- it's not a meeting where they're going to persuade the applicant to withdraw the petition. MR. JOHN JOHNSON: Right. COMMISSIONER SCHMITT: It's --that's just not going to happen. COMMISSIONER VERNON: Right. And no vote will betaken. No votes will be taken at this meeting. MR. JOHN JOHNSON: Again, it's up to the applicant. It's not a county affair at all. COMMISSIONER SCHMITT: Right. CHAIRMAN FRYER: Sir, were you here all morning, by any chance? COMMISSIONER SCHMITT: Yeah, he was sitting there. CHAIRMAN FRYER: You've been here all morning? MR. JOHN JOHNSON: Yes, sir. CHAIRMAN FRYER: Oh, okay. Did you -- when one of the matters was before us, the question was raised by two public speakers, a husband and wife, having to do with traffic security and safety? Page 42 of 45 Packet Pg. 141 5.A.b June 1, 2023 MR. JOHN JOHNSON: Uh-huh. CHAIRMAN FRYER: We took it upon ourselves not only to hear those concerns but then call up our county traffic staff and also the applicant to give us more information, and that's the kind of way that we deal with input here. MR. JOHN JOHNSON: Right. And I totally understand that, and I seen the way it worked. Unfortunately for them, they were SOL, because of the fact that when the easement was written, they didn't look at it. Like the person said, they have no right to that road, you know, unfortunately, for their case. But they bought it. And I'm familiar with there. I'm a member of the VFW, so I know exactly where they live, what the problems are, but it is what it is, because you choose to live there. CHAIRMAN FRYER: Right. MR. JOHN JOHNSON: So it's a bad situation, but that's -- you bought there knowing the situation, you know. CHAIRMAN FRYER: Unfortunately, people are charged with knowledge of things that w d are a matter of public record as if they've read everything that's a matter of public record, and c nobody ever does, but that's just the way the law works. MR. JOHN JOHNSON: It's like somebody who's next to a dump site, and then if they're living there, they complain about the dump. The dump was there before you moved there. CHAIRMAN FRYER: Well, that's right. MR. JOHN JOHNSON: Same thing with them people. They moved there knowing what the situation was. 00 CHAIRMAN FRYER: Thank you very much. v MR. JOHN JOHNSON: I think if people are more informed of actually what's going on in that meeting and what the purpose is -- because, like I said, I had no idea. I would go to the meeting thinking that my input -- and maybe that's why these people are getting upset. Say your input's, you know -- but it really isn't going to change. CHAIRMAN FRYER: Well, we certainly pay careful attention to public input and will continue to do so, and we compliment you for expressing yours today. m MR. JOHN JOHNSON: Thank you. Appreciate it. CHAIRMAN FRYER: Thank you very much. a COMMISSIONER VERNON: Well, maybe we -- if we're -- if I may. v CHAIRMAN FRYER: Please. M COMMISSIONER VERNON: Maybe when we finish the rule -- the new rules of the NIM, we take a look at -- it's kind of a flyer we put out that says, this is what the NIM is for; these C? are the rules of the NIM, and take a look at what we say the NIM is. Maybe we can tweak the language so that it better informs the public of -- because I think they do have a tremendous influence. There's just no vote taken. So how do we make sure that the public understands that? CHAIRMAN FRYER: Good point. MR. JOHN JOHNSON: I think it would be beneficial, definitely. a CHAIRMAN FRYER: Good point. And I think -- I think that brochure could be crafted largely from this "rules of decorum" thing, which goes beyond rules of decorum, and, you know, some additional input on that, but to educate the public so that they know what happens and what doesn't happen at a NIM. MR. JOHN JOHNSON: Yeah, NIM. Same thing with public, you know, meetings. You know, you would think input -- that's why you're saying a public meeting that my input would mean something, which I'm not saying in your case that it doesn't, that they don't listen, but it's not going to change the vote at that meeting. CHAIRMAN FRYER: Well, developers listen, too. COMMISSIONER SHEA: Yes. CHAIRMAN FRYER: You know, they want -- they want to get our recommendation of approval, and they want to get the BCC's vote of approval. And both bodies, this body and the Page 43 of 45 Packet Pg. 142 5.A.b June 1, 2023 body of the Board, listen carefully to what the members of the public are saying. MR. JOHN JOHNSON: I think Commissioner Vernon had the right idea is put it in the letter stating exactly what your input is and is not allowed at the meeting. COMMISSIONER VERNON: Yeah, because if -- some people show up thinking if they make their argument, it can be voted down at that meeting -- MR. JOHN JOHNSON: Exactly, exactly. COMMISSIONER VERNON: -- and then they get very stressed and upset when they realize that no matter what they say, they're just talking to a developer, thinking -- not true, but thinking the developer's not going to listen to me, because I think the developers do listen. CHAIRMAN FRYER: Why don't we, then -- I think there's unanimity from up here. Let's ask staff to craft a brochure like that for the use that has been intended and specified so that people understand -- (Simultaneous crosstalk.) COMMISSIONER SPARRAZZA: One of the items on it could even be the objective of as the meeting. It is not a vote. It is an information exchange between the public and the petitioner. c CHAIRMAN FRYER: Yeah. COMMISSIONER SPARRAZZA: Possibly even make the statement of any type of a vote or modification will be heard at the CCPC meeting, that there is no vote taking place at the NIM. COMMISSIONER SHEA: It's important to note that on the commissioner level, we read the minutes and the summaries of what went on, because we're very interested in what the00 comments were of the public. So I certainly don't want to stop them from speaking under the idea v that it doesn't matter because the vote doesn't happen till here. We do a -- we get a lot of preparation done by reading those NIMs. CHAIRMAN FRYER: Good point. That should go into the brochure. MR. JOHN JOHNSON: Right. Like, again, Randall, it's just informational of what -- when you go to a meeting, what to expect because I would think I'll go to a meeting, and I'm going to say, I don't like this; I don't want this chit in my neighborhood, you know, and m everything else, but in turn, you're going to listen to my opinion, but it's not going to change the meeting. a CHAIRMAN FRYER: Interestingly, one other thing to keep in mind is the staff is now v and will continue to be charged with identifying any concessions that the applicant makes at a cUY, NIM. So if the applicant says, okay, you're right. We'll widen that road there, we'll change that setback, or we'll increase the buffering, if that concession is made at the NIM, that is noted by the staff person and brought to our attention and will, almost invariably, become part of our recommendation. c MR. JOHN JOHNSON: Okay. I agree. But I think it just has to be more informational to the general public. CHAIRMAN FRYER: Fair enough. Fair enough. MR. JOHN JOHNSON: When I get these letters, I come to the meeting, and it's like you think you're going to do something, not that the input doesn't matter, but it should be more informational to the person getting that letter, explaining what your rights are, I guess, basically. CHAIRMAN FRYER: Thank you. MR. JOHN JOHNSON: Thank you. CHAIRMAN FRYER: Thank you. Anything further on this from staff? (No response.) CHAIRMAN FRYER: Anything further from the Planning Commission? (No response.) CHAIRMAN FRYER: All right. Then in that event, we don't have any more old business because we've covered that. And new business, is there any new business to come before us today? Page 44 of 45 Packet Pg. 143 June 1, 2023 5.A.b (No response.) CHAIRMAN FRYER: No, I don't think there is. Public comment on matters that have not been addressed? (No response.) CHAIRMAN FRYER: Seeing none, and without objection, we're adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:31 a.m. COLLIER COUNTY PLANNING COMMISSION EDWIN FRYER, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 45 of 45 Packet Pg. 144 9.A.1 07/06/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.1 Doc ID: 25840 Item Summary: PL20220001142 - Cocohatchee Bay PUD Amendment (PUDA) - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2000-88, the Cocohatchee Bay Residential Planned Unit Development, as amended by Settlement Agreement dated June 9, 2008, by increasing the permissible number of dwelling units from 590 to 600; changing the permitted uses in the Golf Course (GC) district to remove two single-family dwelling units and add essential services in addition to golf course uses; increasing the zoned height limitation of 17 stories and 175 feet for Building Five on the north property line adjacent to Arbor Trace to match the maximum zoned height of the other four buildings of 200 feet; adding development standards for the essential services use in the Golf Course (GC) district; amending the Master Plan to revise access points; establishing a new Bald Eagle Management Plan; and by providing an effective date. The property is located on the northwest and northeast corners of Wiggins Pass Road and Vanderbilt Drive in Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier County, Florida, consisting of 532.09+/- acres. [Coordinator: Ray Bellows, Zoning Manager] Meeting Date: 07/06/2023 Prepared by: Title: — Zoning Name: Laura DeJohn 06/14/2023 8:10 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 06/14/2023 8:10 AM Approved By: Review: Planning Commission Diane Lynch Review item Operations & Regulatory Management Donna Guitard Review Item Zoning James Sabo Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Division Director Growth Management and Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Completed 06/20/2023 2:36 PM Completed 06/21/2023 2:52 PM Skipped 06/21/2023 5:06 PM Completed 06/22/2023 8:35 AM Completed 06/22/2023 8:44 AM GMD Deputy Dept Head Completed 06/28/2023 5:40 PM 07/06/2023 9:00 AM Packet Pg. 145 9.A.1.a Co t ber County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 6, 2023 SUBJECT: PL20220001142 — COCOHATCHEE BAY PUD AMENDMENT (PUDA) Owner: Lodge/Abbott Associates LLC & Lodge/Abbott Investments Associates LLC 3400 East Lafayette Detroit, MI 48207 Agents: Robert J. Mulhere, FAICP Hole Montes, Inc., a Bowman Company 950 Encore Way Naples, FL, 34110 c/o PMS Inc. of Naples Karen Bishop 3125 541h Terrace SW Naples, FL 34116 Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 2000-88, the Cocohatchee Bay Planned Unit Development (PUD) as amended by the Settlement Agreement dated June 9, 2008, to increase the maximum number of dwelling units from 590 to 600 units; change the permitted uses in the Golf Course (GC) District to remove two single-family dwelling units and add essential services in addition to golf course uses; increase the zoned height limit of 17 stories and 175 feet for Building #5 on the north property line adjacent to Arbor Trace to match the maximum zoned height of the other four buildings of 200 feet; amend the Master Plan to revise access points; and establish a new Bald Eagle Management Plan. GEOGRAPHIC LOCATION: The PUD consists of ±532.09 acres and is located on the east and west sides of Vanderbilt Drive, near the intersection with Wiggins Pass Drive in Sections 8, 16, 17, and 20; Township 48 South, Range 25 East, Collier County, Florida. (see map on following page). PUDA-PL20220001142; Cocohatchee Bay PUDA Page 1 of 16 Revised: June 15, 2023 Packet Pg. 146 ABET Oayo}ey000a - Ztl WOOZZOZld : Ob85Z) £Z-b�-9:podejj }}e;S - vand Aee aayo;ey000a :;uauayoe;;d F:r�- Nl _ z N W C an llt9-japuen �p Gull F� are �C a0 IV i'�=. PUDA-PL20220001142; Cocohatchee Bay PUDA Revised: June 15, 2023 N r r 0 CD a N N 0 N J E Z 0 a_ CL Cco C C O co U 0 J Page 2 of 16 9.A.1.a PURPOSE AND DESCRIPTION OF PROJECT: The Cocohatchee Bay Planned Unit Development (PUD) consists of ±532.09 acres. The PUD was originally approved on December 11, 2000, by Ordinance Number 2000-88. On May 10, 2005, the BCC adopted Resolution 05-181A denying amendment to the PUD to amend the Bald Eagle Management Plan. A Settlement Agreement and Release was entered into on June 9, 2008, between the BCC and Lodge Abbott Associates, LLC to settle the applicant's Bert Harris Act claim. An Amendment to the PUD (dated 2/28/08) and Amended Bald Eagle Management Plan were adopted as part of the Settlement Agreement. See Attachment B to this staff report for the current applicable PUD, which allows for 590 units on ±532.09 acres (with an allowance that up to 2 single-family dwelling units of the 590 units may be on the Golf Course "GC" Tract) for a gross density of 1.11 dwellings per acre. On March 24, 2015, the BCC denied Petition PUDZ-PL20130001813 and a companion request to amend the Settlement Agreement and Release pertaining to the PUD. The request was to add acreage to the PUD; increase from 590 to 652 dwelling units; increase development area; replace the Golf Course (GC) Tract with a Residential (R2) Tract; and other related changes. The currently approved PUD is characterized by the following land areas, which are not proposed to change: +53.7-acre Residential High -Rise Tract +170.4-acre Golf Course/Maintenance Tracts +308-acre Preserve/Open Water • 100-foot-wide future road right-of-way running east -west between US 41 and Vanderbilt Drive This request is to amend the Cocohatchee Bay Planned Unit Development (PUD) to increase the allowable dwelling units from 590 units to 600 units and eliminate the allowance for up to 2 units on the Golf Course "GC" Tract, resulting in a gross density of 1.13 dwellings per acre. The applicant also seeks to increase the maximum building height for residential building #5 located adjacent to the north property line within the "R" District from a maximum zoned height of 17 stories and 175 feet to 20 stories and 200 feet with a maximum actual building height of 250 feet. The applicant submitted shadow study images, included in Attachment C to this staff report. The request includes adding Essential Services as a permitted use within the Golf Course (GC) Tract, with related development standards. A revised Master Plan identifies the location of the Essential Services with an emergency access point noted along US 41, the addition of a project access point to the Golf Course Tract on the west side of Vanderbilt Drive, and adjustment to the easterly access along Wiggins Pass Road. See the following page for the applicant's proposed Master Plan. PUDA-PL20220001142; Cocohatchee Bay PUDA Page 3 of 16 Revised: June 15, 2023 Packet Pg. 148 9.A.1.a W 0 E• ACC£55 PfttUFC7 iLV' VFVRC AMD ROW ALCE35 SCALE 7^. 1200• --- -- VC .Pa m p '•I ACLUAMYfY , g ( ! (-qEr Au�r) AM SS 0g� Q V LEGEND R RESIDENTIAL HIGH RISE TRACT �`(7 153.70 AC +/-} $ G GOLF COURSE 1 MAINTENANCE �--�R• {170.39 AC +/-i C � DP PRESERVE / OPEN WATER Cr AC=3 (303 AC +/-) WA EMERGENCY ACCESS POINT NOTE: FINAL LOCATION OF EMERGENCY ACCESS POINT TO BE DETERMINED BY THE EN[) USER (I.E. FIRE DISTRICT] DURING SITE PERMITTING. `L ::: akEsrRvE :=::::::::•:•... W ::.... ::::::::::.... ::::: NOTE: y am CC LAND USE AREAS CONCEPTUAL AND U SUBJECT TO RELOCATION / CHANGE �.•.�............................ PRIOR TO CONSTRUCTION a x PERMITTING. ® WATER I qq :::::::::::::;::: I U 17-7-7 PRESERVE WEILAN❑ (;= PROJECT ACCESS 111I lk ?�C LOCATION OF ESSENTIAL SERVICES IQ Proposed Master Plan Accompanying the PUD Amendment, but not subject to CCPC action, is a proposed Amendment to the Settlement Agreement and Release to reflect the increased number of dwelling units and to recognize the applicant will design, permit, and construct a parking lot on 1.61 acres outside of the PUD limits at the southeast corner of the intersection of Wiggins Pass Road and Vanderbilt Drive to be conveyed to the County for public parking. Additionally, an amendment is proposed to the Declaration of Covenants and Restrictions dated December 11, 2016, affecting a portion of the Golf Course Tract, recorded in Official Record Book 5322, Page 2347, to accommodate the use of Essential Services being added as allowable within said Golf Course Tract. See Attachments D and E to this staff report for the proposed Amendment to the Settlement Agreement and Release and proposed Amendment to the Declaration of Covenants and Restrictions. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property, which is zoned Cocohatchee Bay PUD: PUDA-PL20220001142; Cocohatchee Bay PUDA Page 4 of 16 Revised: June 15, 2023 Packet Pg. 149 9.A.1.a North: Arbor Trace (previously Hawk's Nest) PUD approved by Ordinance 82-50 and amended by Ordinance 89-91, which allows up to 219 multifamily dwelling units at a density of 5.34 units per gross acre with a maximum height of 15 stories applicable to the high-rise sites; and the Village Place PUD approved by Ordinance 92-51, and amended by Ordinances 97-20 and 00-01, which allows for 290 dwelling units at a density of 4.0 units per gross acre with a maximum height of 35 feet. South: Dunes PUD approved by Ordinance 00-74, which allows up to 640 multifamily dwelling units at a density of 3.39 units per gross acre with maximum building heights ranging from 125 to 150 feet. South of Wiggins Pass Road: Wiggins Bay PUD mixed -use community approved by Ordinance 82-121, which allows up to 693 dwelling units at a density of 4.67 units per gross acre with a maximum height of 15 stories applicable to the high-rise sites. East: Fronting Vanderbilt Drive: Coconilla RPUD, approved by Ordinance 05-15 allows up to 80 dwelling units in two 10-story towers above one floor of parking, or a maximum height of 120 feet, at a density of 7.98 dwelling units per gross acre, based upon 10.02 acres and excluding 0.43 acres of submerged land; Pelican Isle Yacht Club, Marina Bay Club of Naples, and The Anchorage all zoned RT, Residential Tourist District; Cocohatchee River Park Marina and Public Boat Ramp zoned P, Public. Fronting US 41: Tarpon Cove PUD approved by Ordinance 95- 76, which allows up to 389 dwelling units at a density of 4.0 units per gross acre with a maximum height of 50 feet for multifamily dwellings. West: Delenor Wiggins State Park & Barefoot Beach County Park, zoned A-ST and CON- ST. PUDA-PL20220001142; Cocohatchee Bay PUDA Page 5 of 16 Revised: June 15, 2023 Packet Pg. 150 9.A.1.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: 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 amendment petition. This petition is consistent with the GMP. Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed -Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Additionally, the site is within the Coastal High Hazard Area (CHHA) and the Northwest Transportation Concurrency Management Area (TCMA). Within this designation, and in accordance with the Density Rating System of the FLUE, a base density of four (4) DU/A is allowed, less one (1) DU/A for lying within the CHHA, resulting in an eligible density of 3 DU/A. The Cocohatchee Bay PUD was originally approved in 2000 and was found consistent with the GMP at the time. Although there is a minor change in gross density from 1.11 DU/A to 1.13 DU/A, this increase falls below the allowable 3 DU/A and is minor in the scope of the PUD as a whole. Comprehensive Planning staff finds the proposed PUDA may be deemed consistent with the Future Land Use Element. Transportation Element: In evaluating this project, staff reviewed the applicant's August 5, 2022, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the then -applicable 2021 and current 2022 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occurs: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. PUDA-PL20220001142; Cocohatchee Bay PUDA Page 6 of 16 Revised: June 15, 2023 Packet Pg. 151 9.A.1.a Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS, and documentation provided with this request, the proposed development increases the number of multifamily residential units to 600 from the currently approved 590 and proposes a 10,000-square-foot firehouse/station. The proposed development will generate a projected total of +/-236 PM peak hour, 2-way trips on the adjacent roadway network. This represents an additional +/-7 PM peak hour, 2-way trip from the currently approved PUD. Staff also notes that the proposed PUDA now includes a trip cap developer commitment in section 6.7.K. of the PUD document (this is new language added as part of the Amendment). The net additional new trips generated by this development will occur on the following adjacent roadway link using the current 2022 AUIR: Link/Roadway Link 2022 Current Peak Projected 2022 AUIR Hour Peak P.M. Peak Remaining LOS Direction Hour/Peak Capacity Volume/Peak Direction Direction Project Trips (1) 114.0/Vanderbilt Bonita C 1,000/North 1/NB 397 Drive Beach Rd (1/SB) to Wiggins Pass Rd 98.0/ Tamiami Lee C 3,100/North 1/NB 863 Trail North, US- County (1/SB) 41 Line to Wiggins Pass Rd • (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from August 5, 2022, Traffic Impact Statement provided by the petitioner. • Staff note: The development is within the Northwest Traffic Concurrently Management Area (TCMA). The development is meeting concurrently management without TCMA provisions. Based on the TIS and the 2022 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation and Coastal Management Element (CCME). The proposed changes do not affect any of the environmental requirements of the GMP. GMP Conclusion: The proposed PUD Amendment may be deemed consistent with the GMP PUDA-PL20220001142; Cocohatchee Bay PUDA Page 7 of 16 Revised: June 15, 2023 Packet Pg. 152 9.A.1.a STAFF 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 LDC Section 10.02.13.13.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Review." Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The preserve locations were established under Ordinance 2000-88 and remain the same. The Conservation Collier Program indicated an interest in purchasing the Golf Course Area for preservation in a letter sent to the property owner Lodge Abbott on May 17, 2022. Construction is ongoing on the Golf Course Tract per an approved Site Development Plan for the Kalea Bay Golf Course (SDPA-PL20170004271) — also known as Kinsale Golf Course. Development within proximity to bald eagle nests will follow the Bald Eagle Management Plan as proposed in this PUDA. Minor revisions to the Bald Eagle Management Plan are proposed for consistency with the proposed changes to the development plan, as well as updates to the status of the bald eagle nests on the property. Specifically, nest CO- I9B, which is located east of Vanderbilt Drive within the proposed golf course, was destroyed by Hurricane Ian in September 2022. Although this nest was not used by bald eagles upon completion of construction, the owner acknowledges if the nest is rebuilt, the incidental take permit authorized by U.S. Fish and Wildlife Service would have to be amended. Gopher tortoises also occur onsite within the uplands of the PUD, including within the golf course parcel. Relocation of the gopher tortoises in accordance with FWC Gopher Tortoise Permitting Guidelines is required prior to the commencement of construction activities. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC. A trip cap not to exceed 236 two-way PM peak hour net trips has been included in section 6.7.K. of the PUD (this is new language added as part of the Amendment). Transportation Planning staff recommends approval. Zoning Services Review. Zoning staff has evaluated the amendment relative to intensity and compatibility. Also, we reviewed the proposed development standards for the project. The proposed amendment does not change the areas that are designated within the PUD for Residential High Rise (53.7+/- acres), Golf Course/Maintenance (170.4+/- acres) and Preserve/Open Water (308+/- acres). Also retained in the PUD Master Plan is the reservation of a 100-foot-wide future road right of way running east -west between US 41 and Vanderbilt Drive. Essential Services are proposed as an additional use to be located within the Golf Course (GC) Tract along US 41. This will allow for a potential fire station. The addition of this proposed use requires an amendment to the Declaration of Covenants and Restrictions dated December 11, 2016 PUDA-PL20220001142; Cocohatchee Bay PUDA Page 8 of 16 Revised: June 15, 2023 Packet Pg. 153 9.A.1.a affecting a portion of the Golf Course Tract, recorded in Official Record Book 5322, Page 2347, to accommodate Essential Services as allowable within said Golf Course Tract. See Attachment E to this staff report for the proposed Amendment to the Declaration of Covenants and Restrictions, which will be executed and recorded if the PUD Amendment and companion Amendment to the Settlement Agreement and Release are approved by the BCC. Development standards are added for the Essential Services use within the Golf Course Tract, prescribing a minimum lot area of 1 acre and maximum building height of 35 feet zoned height and 50 feet actual height. These standards are comparable and compatible with standards applicable to development along US 41. The other primary change requested is the increase in residential units and building height for Building 5 on the Residential Tract. The approved ±532.09-acre PUD allows for 590 units for a gross density of 1.11 dwellings per acre. The petition requests an additional 10 units for a total of 600 units and a gross density of 1.13 dwellings per acre. The requested density increase to 1.13 dwelling units per acre is less than the approved densities in the vicinity and remains less than the allowable 3 dwelling units per acre per the Coastal High Hazard Area of the Future Land Use Element. The maximum zoned building height approved for high-rises in the Residential Development Areas per the Settlement Agreement is 20 stories and 200 feet, with a maximum building height for the north property line adjacent to Arbor Trace of 17 stories and 175 feet. Three high-rise buildings have been constructed and a fourth is under construction per these standards. A fifth building remains to be built along the north property line. This amendment seeks to eliminate the height condition for the north property line adjacent to Arbor Trace which affects proposed Building #5. This amendment seeks to adjust the maximum height for high-rises to be 200 feet zoned height, and 250 feet actual height, as summarized in the table below: Current High -Rise Proposed High -Rise Height Standard Height Standard per Settlement Agreement High -Rise Standard North property line High -Rise North property line (Building #5) Standard (Building #5) Maximum Building 20 stories for a 17 stories for a 20 stories for the maximum zoned height of Height maximum height of maximum height of 200 feet; the maximum actual height of 250 200 feet 175 feet feet The proposed maximum zoned height exceeds the approved heights of neighboring high-rise towers but aligns with the approved height of other high-rise structures on the subject property. Surrounding properties and zoning approvals for surrounding properties were issued prior to the institution of an "actual building height" standard, which is defined in LDC Section 1.08.02 as the vertical distance from the average centerline elevation of the adjacent roadways to the highest structure or appurtenances without the exclusions of section 4.02.01 (exclusions include elevator shafts, mechanical equipment, architectural elements or other appurtenances placed above the roof level not intended for human occupancy or commercial purposes). For comparison, the table below displays the approved densities and heights of PUDs in the vicinity. PUDA-PL20220001142; Cocohatchee Bay PUDA Page 9 of 16 Revised: June 15, 2023 Packet Pg. 154 9.A.1.a Density Max. Building Max. Building Name (PUD) Total Acres Total Dwellings (DU/AC) Height (Zoned) Height (Actual) Cocohatchee Bay 20 stories and 200 PUD (Proposed) 532.09 ac 600 units 1.13 feet (high-rise) 250 feet (high-rise) Arbor Trace 91 low-rise (formerly Hawk's Nest) +128 high-rise 5 stories (low-rise) 219 units ORD. 82-50 & 89-91 41 ac 5.34 15 stories (high-rise) n/a Village Place ORD. 97-20 & 00-01 72.5 ac 290 units 4.0 35 ft n/a 25 ft (low-rise) 125 ft / 12 stories (high-rise #1) Dunes 150 ft / 15 stories ORD. 00-74 188.55 ac 640 units 3.39 (high-rise #2) n/a 10.45 Coconilla (0.43 ac 120 ft /10 stories ORD. 05-15 submerged) 80 units 7.98 plus 151-floor parking n/a Tarpon Cove ORD. 95-76 97.28 ac 389 units 4.0 50 ft n/a Wiggins Bay 3 stories (low-rise) ORD. 82-121 148 ac 693 units 4.67 15 stories (high-rise) n/a Currently, allowable heights for high rises in the vicinity range from 10 stories / 120 feet to 20 stories / 200 feet for the subject PUD. Approvals issued for most of the surrounding developments date back from twenty to fifty years. The standard of 20 stories and 200 feet is already approved within the Cocohatchee Bay PUD, and four of five buildings are complete or near completion. The increased height standard will apply to Building #5, which is currently restricted to 17 stories and 175 feet. The proposed change is an increase in zoned height by roughly 14%; three additional stories is roughly an 18% increase. The applicant submitted shadow study images, provided in Attachment C to this staff report, to illustrate the relative impact of the additional height on adjacent areas and the adjacent residential development to the north. The depictions indicate that shadows from a 20-story building compared to a 17-story building will not be impactful to the neighboring development at a typical December 21, 11:30 am timeframe which the applicant identifies as a worst case. Applicant's Shadow Study Images (included in Attachment Q PUDA-PL20220001142; Cocohatchee Bay PUDA Page 10 of 16 Revised: June 15, 2023 Packet Pg. 155 9.A.1.a PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to the physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The pattern of low-, mid-, and high-rise residential development in this area is long- established. Approvals for development date back from twenty to fifty years. Currently, allowable heights for high rises in the vicinity range from 10 stories and 120 feet to 20 stories and 200 feet for the subject PUD. The proposed amendment includes an increase of 10 dwelling units, an increase in building height for one building, and allowance for an essential service use located along US 41. This will not place an additional burden on the surrounding area, traffic access, drainage, sewer, water, or other utilities. 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. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and made findings of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report on page 6. 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. This petition seeks to increase the maximum building height for the high-rise residential building located adjacent to the north property line within the "R" District from 17 stories to 20 stories (increase from 175 to 200 feet maximum zoned building height and maximum actual building height of 250 feet). The applicant submitted shadow study images, provided in Attachment C to this staff report, to illustrate the relative impact of the additional height on adjacent areas and the adjacent residential development to the north. The depictions indicate that shadows from a 20-story building compared to a 17-story building will not be impactful to the neighboring development at a typical December 21, 11:30 am timeframe which the applicant identifies as a worst case. A standard 10-foot-wide Type A buffer applies along the northern property line, as labeled on the proposed Master Plan. PUDA-PL20220001142; Cocohatchee Bay PUDA Page 11 of 16 Revised: June 15, 2023 Packet Pg. 156 9.A.1.a 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The standard open space requirement of 60% will be met, as no deviation from the required usable open space is being requested. 6. The timing or sequence of development to ensure the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. The development must comply with all applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and surrounding areas to accommodate expansion. Expansion is not anticipated; the proposed amendment is limited to requests to modify permitted uses to include essential services and to modify the number of units and high- rise building height. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. No deviations are proposed in connection with this request to amend the PUD. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners shall show that the planning commission has studied and considered a proposed change in relation to the following when applicable." 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. County staff has reviewed this petition and made findings of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report on page 6. 2. The existing land use pattern. The existing land use pattern includes preserved lands and low-, mid -and high-rise residential development. The pattern is long established, with approvals for development dating back twenty to fifty years. Additional details about the pattern of t h e surrounding PUDA-PL20220001142; Cocohatchee Bay PUDA Page 12 of 16 Revised: June 15, 2023 Packet Pg. 157 9.A.1.a developments are provided in the Surrounding Land Use and Zoning section of this staff report on page 5. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is currently zoned PUD and would remain as such, no isolated district would be created because of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing district boundaries are logically drawn. This petition does not propose any change to the boundaries of the PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary; however, it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to include the proposed uses and development standards specific to the subject PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD Amendment is not anticipated to adversely influence living conditions in the neighborhood. The proposed addition of the use of the essential service should be beneficial to the surrounding neighborhood. Relative to the increased high-rise building height, the applicant submitted shadow study images, provided in Attachment C to this staff report, to illustrate the relative impact of the additional height on adjacent areas and the adjacent residential development to the north. The depictions indicate that shadows from a 20-story building compared to a 17-story building will not be impactful to the neighboring development at a typical December 21, 11:30 am timeframe which the applicant identifies as a worst case. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time and as outlined above, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order. Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed PUD Amendment is not anticipated to create a stormwater management PUDA-PL20220001142; Cocohatchee Bay PUDA Page 13 of 16 Revised: June 15, 2023 Packet Pg. 158 9.A.1.a problem in the area; provided an environmental resource permit that adequately addresses stormwater best management practices, stormwater pollution prevention, urban stormwater management, on -site stormwater treatment, attenuation storage, flood plain compensation, and maintenance is obtained from the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The applicant submitted shadow study images, provided in Attachment C to this staff report, to illustrate the relative impact of the additional height on adjacent areas and the adjacent residential development to the north. The depictions indicate that shadows from a 20-story building compared to a 17-story building will not be impactful to the neighboring development at a typical December 21, 11:30 am timeframe which the applicant identifies as a worst case. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Property value is affected by many factors. It is driven by market conditions and is generally a subjective determination. Allowing a previously approved high rise to extend three additional stories and introducing an essential service facility along US 41 is not likely to adversely affect the property values in the area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. Considering this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed additional essential service use is not permitted without amending the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The scale of development in the surrounding area is analyzed as part of the Zoning Review beginning on page 8 of this staff report. It is staff s opinion that the proposed amendment and the proposed development standards are not out of scale with the needs of the PUDA-PL20220001142; Cocohatchee Bay PUDA Page 14 of 16 Revised: June 15, 2023 Packet Pg. 159 9.A.1.a 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 for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. A majority of the development activity allowable within the PUD has begun or occurred. The site alteration necessary to advance the proposed essential service use and the proposed increased building height of Building #5 is consistent with the type of alterations that have already commenced. In addition to the provisions of the Bald Eagle Management Plan incorporated in the PUD, this project will continue to undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services is 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. Public facility capacities have been reviewed as part of this application process. The development must comply with all other applicable concurrency management regulations when development approvals are sought. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare. To be determined by the Board during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on July 14, 2022, at Saint John the Evangelist Catholic Church, 625 1111h Avenue North. The meeting ran from approximately 5:30 p.m. to 7:45 p.m. Approximately 150 members of the public were physically in attendance and another 124 participants attended virtually. The agent provided a presentation describing the PUD Amendment request. Questions were raised about the golf course, driving range, and clubhouse and the impact on the adjacent communities. Concerns were raised about the proposed Fire/EMS Station, proposed building height, and traffic/access, particularly on Wiggins Pass Road and the off -site parking lot. Additional discussion focused on perceived conflicts of the proposed request with the Settlement Agreement. See Attachment F for documentation from the NIM. PUDA-PL20220001142; Cocohatchee Bay PUDA Page 15 of 16 Revised: June 15, 2023 Packet Pg. 160 9.A.1.a ENVIRONMENTAL ADVISORY COUNCIL (EAC): This project does require Environmental Advisory Council (EAC) review, as this project did meet the EAC scope of land development project reviews, as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Specifically, the project is within the 330- and 660-foot bald eagle nest protection zones. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on June 13, 2023. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval of PUDA- PL20220001142. Attachments: A) Draft Ordinance B) Settlement Agreement and Release entered into on June 9, 2008 C) Applicant's Backup Materials D) Proposed Amendment to Settlement Agreement and Release E) Proposed Amendment to the Declaration of Covenants and Restrictions F) NIM Documentation PUDA-PL20220001142; Cocohatchee Bay PUDA Page 16 of 16 Revised: June 15, 2023 Packet Pg. 161 ORDINANCE NO.2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9, 2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 600; CHANGING THE PERMITTED USES IN THE GOLF COURSE (GC) DISTRICT TO REMOVE TWO SINGLE FAMILY DWELLING UNITS AND ADD ESSENTIAL SERVICES IN ADDITION TO GOLF COURSE USES; INCREASING THE ZONED HEIGHT LIMITATION OF 17 STORIES AND 175 FEET FOR BUILDING FIVE ON THE NORTH PROPERTY LINE ADJACENT TO ARBOR TRACE TO MATCH THE MAXIMUM ZONED HEIGHT OF THE OTHER FOUR BUILDINGS OF 200 FEET; ADDING DEVELOPMENT STANDARDS FOR THE ESSENTIAL SERVICES USE IN THE GOLF COURSE (GC) DISTRICT; AMENDING THE MASTER PLAN TO REVISE ACCESS POINTS; ESTABLISHING A NEW EAGLE MANAGEMENT PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16,17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 532.09f ACRES. [PL20220001142] WHEREAS, Lodge/Abbott Associates LLC and Lodge/Abbott Investments Associates, LLC, represented by Richard Yovanovich, Esq. of Yovanovich, Coleman & Koester, PA, and Robert J. Mulhere, FAICP of Hole Montes, Inc. and Karen Bishop of PMS Inc. of Naples, petitioned the Board of County Commissioners to amend the RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to PUD Document. The PUD Document attached to Ordinance No. 2000-88, as amended by Settlement Agreement, is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. [22-CPS-02233/ 1780514/ 11 167 Cocohatchee Bay \ PL20220001142 Page 1 of 2 6-14-23 Packet Pg. 162 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: HFAC 6-14-23 Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A - PUD Document [22-CPS-02233/1780514/1] 167 Cocohatchee Bay \ PL20220001142 6-14-23 day of , 2023. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M. Page 2 of 2 Rick LoCastro, Chairman Packet Pg. 163 9.A.1.b COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING AMENDED MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: VANDERBILT PARTNERS II, LTD PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIAMI TRAIL NORTH SUITE 408 NAPLES, FL 34103 Page 1 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 164 9.A.1.b TABLE OF CONTENTS INDEX PAGE List of Exhibits and Tables II Statement of Compliance III SECTION I Property Ownership, Legal Description and Short Title 446 SECTION II Project Development 213 SECTION III Residential Development Areas -3419 SECTION IV Golf Course / Open Space 4422 SECTION V Preserve District -5426 SECTION VI General Development Commitments 6429 I Page 2 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 165 9.A.1.b LIST OF EXHIBITS AND TABLES EXHIBIT "A" Amended Planned Unit Development Master Plan EXHIBIT `B" G,,,.oh atchee Bay PUD A, endea Bald Eagle Management Plan TABLE I Land Use Summary TABLE II Development Standards for "R" District TABLE III Development Standards for "GC" DistrictSingle Family II Page 3 of 56 Words underlined are additions, words '- • .v�h are deletions H:A2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 166 9.A.1.b STATEMENT OF COMPLIANCE The development of approximately 532.09 ± acres of property in Collier County as a Planned Unit Development (PUD) to be known as Cocohatchee Bay PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay is a mixed use residential golf course community and will be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project are adequate. The Cocohatchee Bay Project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 2. The Cocohatchee Bay Project will be compatible with and complimentary to existing and planned land uses in the vicinity. Project lands lie in a transition area which includes low- rise residential development and high-rise multi -family development. 3. The subject property's location in relation to existing or proposed community facilities and services permits the Development's residential density as described in Objective 2 of the Future Land Use Element. 4. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. The property was down -zoned during the Zoning Re-evaluation Process which resulted in an action establishing several zoning districts and densities: Parcel 1 11.19 acres RSF-3st = 33.57 units Parcel 5 161.63 acres RSF-4 = 646.52 units Parcel 6 13.15 acres RSF-4(3) = 39.45 units Parcel 7 69.61 acres RSF-3st(3) = 208.83 units RSF-3(3) RMF-6(3) RMF-6st(3) Parcel 8 194.60 acres RMF-12(3) = 583.80 units RMF-12st(3) Parcel 9 1.26 acres RMF-12st(3) = 3.78 units Parcel 10 80.65 acres RMF-12st(3) = 241.95 units RMF-6st(3) TOTAL 532.09 acres = 1757.90 or 1758 units III Page 4 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 167 9.A.1.b The PUD will utilize a total of 5W600 units on 532.09 f acres for a gross density of �1.13 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. 6. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 7. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3. LH and 3. LL of the Future Land Use Element. The project Development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 9. All final local development orders for this Project are subject to the Collier County Land Development Code (LDC). 10. This PUD Amendment is hereby made pursuant to a Settlement Agreement and Release, recorded in OR Book 4368 baize 2345 ea sea. as amended by First Amendment to Settlement Agreement recorded in OR Book ! page eopy w>, eh4i * , >,oa >,o, o� E*h C" and which terms and conditions are hereby deemed to be incorporated herein by reference as if fully set forth herein. If any terms between thisthe 2008 PUD Amendment and the Settlement Agreement and Release are in conflict, the Settlement Agreement and Release will control. IV Page 5 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 168 9.A.1.b SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing condition of the property proposed to be developed under the project name of COCHATCHEE BAY. 1.2 LEGAL DESCRIPTION PARfF.T, 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°24'40"W. (SHOWN IN ERROR AS S.88026'40"W. IN O.R. BOOK 68, PAGE 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167, PAGE 692; O.R. BOOK 218, PAGE 484; HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. BOOK 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.29°11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67030'00"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.22031'00"W., (SHOWN IN ERROR AS N.22030'00"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0008'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'00"E., FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89° 12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00°23'10"E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR Page 6 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 169 9.A.1.b 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-OF- WAY FOR STATE ROADS 5-865A (ALSO KNOWN AS VANDERBILT DRIVE) AND 5-865B (ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE -FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD 5-865A (VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 8 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°54'20"W., ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.01°30'05"E., ALONG SAID AGREED BOUNDARY LINE, FOR 1298.70 FEET (SHOWN IN ERROR AS 1300.00 FEET, IN O.R. BOOK 68, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30°00'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29° 11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS N.88026'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS Page 7 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 170 9.A.1.b S.0026'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD 5-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN 5.89°53'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN 5.89°53' 18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S A I 01 F03 "W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E., FOR 120 FEET, THENCE RUN N.89°53'18"E., FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 5-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCF.T.0 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN N.89°40'55"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.0°26'00"W., FOR 100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN 5.89040'55"W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0025'41 "E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°52'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00014'00"W. FOR 1698.91 FEET; THENCE RUN N.54°47'52"W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC Page 8 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 171 9.A.1.b RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN N.02059'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE RUN N.27015'20"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18044'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN 5.89°54'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN 5.02° 12'00"E., ALONG THE EAST LINE OF SAID SECTION 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE RIGHTS -OF -WAY OF STATE ROADS 5-865 A (ALSO KNOWN AS VANDERBILT DRIVE) AND 5-846 (ALSO KNOWN AS BLUEBILL AVENUE). AND LESS AND EXCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION; THENCE N.89052'20"W. ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLOCK I OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.89052'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. I A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.00014'00"W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 1608.90 FEET; THENCE N.34026'15"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.87048'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE 5.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.87°48'00"E. A DISTANCE OF 200.00 Page 9 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 172 9.A.1.b FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE 5.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION; THENCE 5.02° 12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02°12'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE 5.87°48'00"W., A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE 5.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.02°12'00"W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE 5.87°48'00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1, A DISTANCE OF 1481.48 FEET; THENCE 5.34°26' 15"W. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54°47'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.02°59'30"W., ALONG SAID Page 10 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 173 AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE N.27° 15'20"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET; THENCE N.87°48'00"E., A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02°12'25"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET; THENCE S.02012'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is owned by A.L. Dougherty Co. lae., a De'law a� «Lodge/ Abbott Associates, LLC & Lodge/Abbott Investments Associates, LLC. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park, on the East by Tarpon Cove PUD and Wiggins Bay PUD, on the South by the Dunes PUD and on the North by Arbor Trace PUD and the Retreat PUD. B. The zoning classification of the project prior to approval of this PUD document was RSF-3 (3), RSF-3 ST (3), RSF-4, RSF-4 (3), RMF-12ST (3), RMF-12 (3), RMF-6 ST (3), RMF-6(3), and A-ST. 1.5 PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No. 6. Drainage from the property will discharge into Cocohatchee Bay B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the restoration of historic water retention and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area, however, falls within the 10' to I F foot elevation category. The site lies within Flood Zone AE (EL 11 ') and AE (EL 12') according to Firm Maps 120067-0191D, 0187D, and 189D, dated June 3, 1986. D. Soil types within the Project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. Page 11 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 174 9.A.1.b 1.6 PROJECT DESCRIPTION The Cocohatchee Bay PUD is a residential and golf course community with a maximum of 5W600 dwelling units. Recreational facilities including a golf course, clubhouse, maintenance facility, caddie quarters, and guest suites will be provided in conjunction with the dwelling units. Residential and recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "AMENDED COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE." Page 12 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 175 9.A.1.b SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the Amended Planned Unit Development document, the Settlement Agreement and Release attached hereto, and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Cocohatchee Bay PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including land uses for the various tracts, is illustrated by Exhibit "A", the Amended PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. Page 13 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 176 9.A.1.b B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilitates, golf course layout, roadway pattern, and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s/Square Footage Acres Residential "R" 5W600 53.70 Golf Course "GC" 2—*N/A 170.39 +/- Open Space N/A 308.00 +/- (Preserve, Lakes and Landscape Buffers) Total 5WWW0 Total 532.09 +/- acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate: Collier County governmental agency to ensure compliance with the Amended PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Revised Exhibit "A," the Amended PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the Amended PUD Master Plan. Any division of property and the development of the and shall be in compliance with the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in the Collier County Land Development Code prior to the issuance of a building permit or other development order. Page 14 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 177 9.A.1.b D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2.5 MODEL HOMES/SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Cocohatchee Bay PUD, subject to the Collier County Land Development Code and all other applicable sections. Sales facilities will be permitted prior to final plat approval as provided in the Collier County Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' associations, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development of relatively large Page 15 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 178 9.A.1.b tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code. The Applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay Eenununi PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks. recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use which is comparable in nature with the foregoing uses -ate stele as determined by the Board of Zoning Appeals BZA) or the Hearing Examiner by the process outlined in the LDC. Page 16 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 179 9.A.1.b B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines — One half (1/2) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping — Five feet (5'). 4. Minimum distance between unrelated structures — Ten feet (10') 5. Minimum floor area — None required. 6. Minimum lot or parcel area — None required. 7. Sidewalks, bikepaths, and cartpaths may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The Amended PUD Master Plan satisfies the open space requirements of the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with the Land Development Code. Page 17 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 180 9.A.1.b Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2. Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. B. A minimum landscape area of thirty-five (35') shall be developed along the Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt Drive shall include development features that impede the view of high rise residential structures from Vanderbilt Drive. Page 18 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 181 9.A.1.b SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A", the Amended PUD Master Plan as "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 5W600. The subject property contains a gross acreage of 532.09 +/- acres and base density of 1.14-3 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Amended PUD Master Plan are designed to accommodate high-rise residential dwelling unit types, multi -family dwellings, adult living facilities, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreages are indicated on the Amended PUD Master Plan. These acreages are based on conceptual designs and are approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. Principal Uses 1. Multiple -family dwellings. 2. Guest suites and cabanas. 3. Any other principal use which is comparable in nature with the foregoing uses be eempatible in the "]-R-as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Page 19 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 182 9.A.1.b B. Accessory Uses Uses and structures customarily associated with principal uses permitted. 2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential Districts. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Cocohatchee Bay PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. C. Off-street parking required for multi -family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. Page 20 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 183 9.A.1.b AMENDED COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR "R" DISTRICT TABLE II DEVELOPMENT STANDARDS HIGH-RISE Multi -Family Dwellings* NON HIGH RISE (Other Structures)* — Minimum Lot Area N/A 1 Acre Minimum Lot Width N/A N/A Front Yard — Internal Road *1 0.5 BH not less than 25 feet 0.5 BH not less than 25 feet Front Yard — Accessory Bldg. including Parking Structure 0.5 BH not less than 25 feet 0.5 BH not less than 25 feet Front Yard — Vanderbilt Drive BH N/A Front Yard — Accessory Bldg. 50 N/A Side Yard 0.5 BH 15 Rear Yard Principal 0.5 BH 15 Rear Yard Accessory 15 10 Maximum Bldg. Height 20 stories for maximum height of 200 feet *2 35 Distance Between Principal Structures 0.5 SBH *3 .05 BH not less than 15 feet Floor Area Min. (S.F.) 1800 SF 1200 SF *4 BH: (Building Height): Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. *I Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by private road, setback is measured from the back of cub (if curbed) or edge of pavement (if not curbed). *2 The maximum zoned building height shall be 200 feet, and the maximum actual building height shall be 250 feet.Building stories for- a maxiffwm height of 175 Let-. *3 Where buildings with a common architectural theme are angled, skewed or offset from one another, and walls are not parallel to one another, the &etbaeksbuilding separation can be administratively reduced. *4 For accessory uses, including cabanas, there shall be no minimum floor area. Page 21 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 184 9.A.1.b SECTION IV GOLF COURSE "GC" DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for Development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses and golf club facilities caddie quarters, clubhouse, guest suites, including temporary golf clubhouses. 2 Up to 2 single family detaehed dwelling , its Essential Services. Those services and facilities, including utilities, safety services, and other government services, necessM to promote and protect public health, safety, and welfare, including but not limited to the following: Police, fire, emergency medical, public park, and public library facilities 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildings, utility and maintenance staff offices. 5. Any of the uses of the "P" District subject to the development standards of the "P" District. 6. Any other principal use which is comparable in nature with the foregoing uses an .. -hie>, the Plat , ing c o,.,.iees r,epat4mei# Dir-eete - detef...,;, es t be eempati as determined by the Board of Zoning Appeals (BZA,) or the Hearing Examiner by the process outlined in the LDC. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal Page 22 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 185 9.A.1.b uses permitted in this District. 2. Pro -shops, practice areas and ranges, golf cart barns, restrooms, shelters, snack bars and golf course maintenance yards. 3. Retail sales of associated recreational equipment and apparel, such as, but not limited to, golf, tennis, and other recreational related equipment apparel and accessories. 4. Restaurants and related uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS — GOLF FACILITIES A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries. B. Accessory structures shall be set back a minimum of ten feet (10') from Golf Course District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures - 2 stories for a maximum height of 20 feet. 2. Accessory Structures - 1 story for a maximum height of 15 feet. E. Minimum distance between principal structures - Ten feet (10'). F. Parking for the community center/clubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking, provided the golf course and recreational facilities are private, otherwise, applicable provisions of the Land Development Page 23 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 186 9.A.1.b Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S. 41. H. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.4 DEVELOPMENT REGULATIONS — SINGLE FAAHLYESSENTIAL SERVICES CRITERIA 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. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course District boundaries and private roads, and two >,, ndr-oa feet (200') from 11 B. Accessory structures shall be set back a minimum of ten feet (10') from Golf Course District boundaries and private roads, and two ,,,mdr-e feet (200') f.,,m all nr D b,.undafies and residential traets Fences, gates and non -habitable gate houses are exempt from the requirement of Paragraph 4A.B. Page 24 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 187 9.A.1.b DEVELOPMENT STANDARDS FOR "GC" SINGLE FAMILVESSENTIAL SERVICES TABLE III DEVELOPMENTSTANDARDS "GC" Single Family Essential Services Minimum Lot Area 15�F1 Acre Minimum Lot Width WN/A Front Yard 20* Front Yard for side entry -garages 40 Side Yard 2520 Rear Yard Principal 20 Rear Yard Accessory 10 Rear Yard Special ** 10 Maximum Bldg Height for principal and accessory structures 4S-35' zoned height/50' actual height Distance Between Principal Structures 47015' Floor Area Min. (S.F.) 120 )-SFN/A All distances are in feet unless otherwise noted. * Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). "Rear yards setback for principal and accessory structures on lots that abut preserves shall be per the Land Development Code. C. Permitted accessory uses and structures: a. Customary accessory uses and structures, including but not limited to: i. Covered parking, attached and detached garages. iii. Equestfi ,n >,,,,- s and ., ,,,4o,,.,nees i�ii.Water management facilities and lakes v. One (1) guest house (as allowed by the Land Development Gede) P 1 s4uetur-e and twe (2) setwitee suppoFting the :mall not exeee ^ccc 401% of the size of the pr-iieipal stfueture. The viiii.Storage facilities. b. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the Hearing Examiner determines to be compatible in this district, per the process outlined in the LDC. Page 25 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 188 9.A.1.b SECTION V PRESERVE "P" DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Amended Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Amended Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. 5.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following: 1. Passive parks. 2. Passive recreational areas limited to the following: i. Boardwalks ii. Bicycle paths iii. Environmental uses (wetlands and conservation areas) iv. Flower beds V. Golf cart paths vi. Pathways and/or bridges vii. Handicap ramps viii. Equestrian uses and trails ix. Fitness trails and shelters X. Hiking and nature trails xi. Open space drainage systems (required for the permitting of the project) xii. Parking lots (in support of any use within this section) xiii. Sidewalks * xiv. Underground drainage xv. Water parks (fountains) xvi. Lake (including structural bank treatments) xvii. Boat (non -motorized), kayak and canoe docks xviii. Fishing piers Page 26 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 189 9.A.1.b xix. Guardhouses, gatehouses * xx. Passive parks, with passive recreational uses subject to this section. [Intended to be limited to the definition in the Land Development Code] xxi. Gazebos xxii. Picnic areas xxiii. Wildlife sanctuary xxiv. Recreational shelters, in preserve upland areas only xxv. Drainage and water management facilities as may be required by SFWMD xxvi. Motorized devices required by physically impaired individuals. xxvii. Restroom facilities * *East of Vanderbilt Drive only. 3. Any other accessory use which is comparable in nature with the foregoing uses and whieh the Planning Sery ees r epa-A, etA Dire, tor- dete ,, roes t by ,.omp *:>,'o as determined by the Board of Zoning Appeals (BZA)or the Hearing Examiner by the process outlined in the LDC. 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with the Collier County Land Development Code, as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback without the prior written consent of the Development Services Director. In no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures — Twenty-five feet (25'). C. Minimum distance between principal structures — Ten feet (10') D. Minimum distance between accessory structures — Five feet (5'). E. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Page 27 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 190 9.A.1.b 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Developer, its successor(s) or assigns, including the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. Page 28 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 191 9.A.1.b SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the Amended Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is bound by the commitments within this agreement. 6.3 PUD MASTER PLAN — As Amended by the Settlement Agreement and Release A. Exhibit "A," the Amended PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of the Land Development Code, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and common areas in the Project. C. The following shall be considered minor changes and refinements, subject to the limitations of PUD, Section 6.3A: Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. Page 29 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 192 9.A.1.b 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 4. Internal realignment of rights -of -way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. SCHEDULE6.4 OF • MREPORT AND SUNSE" PROVISION P Ml E r WM" "R I ME G. The Geeehatehee Bay PUD shall be subjeet to the Stinset Pfevisions of the 1 Agr-eement and Release. A. One entity(hereinafter the Managing ntity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfI all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entijy is Lodge/Abbott Associates, LLC and Lodge/Abbott Investments, LLC. 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 County Attorney. After 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 Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the 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 Entijy, but the Managing Entity shall not be relieved of its Page 30 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 193 9.A.1.b responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 6.5 POLLING PLACES Pursuant to the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, that such common facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) A. Sidewalks / bike paths shall conform with the LDC. Due to the environmental issues on this Project impacts are to be minimized. B. Private streets shall conform with the right-of-way width requirements of the Land Development Code except as follows: 1. The right-of-way for Ecul-de-sacs and other local streets less than on thousand feet ' maw minimum fifty foot (50') right of way in width, with two ten foot (10') wide travel lanes rod by the Land Development Code. -32. Tangents between reverse curves shall not be required under the Land Development Code. 43. Street grades may exceed four percent (4%) under the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 5:4. Pursuant to the Land Development Code, the standard that street name markers shall be approved by the Development Services Director and Page 31 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 194 9.A.1.b conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting, stripping and reflective edging of the main road system will be waived. Traffic circulation signage shall be in conformance with Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices standards. -5-.6_ Pursuant to the Land Development Code, the minimum back of curb radii for internal roads shall be 30 feet with the exception of both entrance road intersections which shall be 40 feet. 6.7 TRANSPORTATION — For Additional Information, see Settlement Agreement and Release A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at Project access when deemed warranted by the County Engineer. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Project accesses prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. B. The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, East/West Livingston Road, and/or Wiggins Pass Road rights -of -way if such improvements conflict with or negatively impact public roadway, drainage, or utility facilities planned as part of future four- laning construction. C. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. D. The Developer shall provide additional right-of-way in fee simple title, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right-of-way and accordingly will not be subject to road impact fee credits. The final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. do not show required right-of-way for right turn lanes for this PUD, but the Page 32 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 195 9.A.1.b right-of-way shall generally be of a typical width of approximately 15 feet. The right-of-way conveyance shall occur at the time requested by the County. E. The Developer shall provide the additional 10 feet of right-of-way in fee simple title, when necessary, along the PUD frontage to Wiggins Pass Road. Additional right-of-way is required in varying widths on the north side of Wiggins Pass Road as shown on the final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-way along Wiggins Pass Road shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right- of-way conveyance shall occur at the time requested by the County. F. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD's north boundary for future East/West Livingston Road between Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the north of this PUD has dedicated 67.5 feet of right-of-way along its southern property line for the future East/West Livingston Road. 100 feet of right-of-way along the northern property line for future East/West Livingston Road shall be dedicated to the County. Such required right-of-way shall be dedicated and conveyed to Collier County for public roadway, drainage, and public utility improvements. Collier County shall compensate the Developer for the right-of-way based on professional land appraisals of the fair market value based on its value prior to approval of the PUD. The right-of-way conveyance shall occur at the time requested by the County. G. The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project (this includes turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four -lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay all design and construction costs related to access for the Project. H. The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stormwater commitments from East/West Livingston Road along the Project property line in the form of water quantity. Water quality will be handled within the 167.5' right- of-way reservation. Page 33 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 196 9.A.1.b I. The Developer shall design noise mitigation/abatement systems in accordance with the Collier County Land Development Code. J. In the event the County four -lane improvements to Vanderbilt Drive or Wiggins Pass Road precedes the development of this Project's access to Vanderbilt Drive, the Developer shall bear the full cost for the access and appropriate turn lanes. K. The maximum total daily trip generation for the PUD shall not exceed 236 two- way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 6.8 UTILITIES The development of this Amended PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission lines to serve the Project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on -site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During design of these facilities, the following features shall be incorporated into the distribution system. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. D. A water distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights - of -way or within utility easements as west forth in Collier County Ordinance 97- 17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not Page 34 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 197 9.A.1.b required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. E. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. F. A sewer distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights - of -way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. G. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. 6.9 ENVIRONMENTAL The development of this Amended PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Page 35 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 198 9.A.1.b E. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Planning Services Section staff for review and approval prior to final site plan/construction plan approval. A Bald Eagle Management Plan and a Gopher Tortoise Management Plan are required for this site. 6.10 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Review Services. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. C. The Developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with the Collier County Code of Laws and Ordinances and South Florida Water Management District Rules. 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to the Land Development Code, if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors storage and office facilities and the like, may be erected Page 36 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 199 9.A.1.b and utilized during the period of Project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.14 SIGNS 1. General A. All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this Section. B. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to signs as permitted herein. C. Should any of the signs be requested to be placed within the public rights -of -way, a right-of-way permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. 2. Entrance Signs A. Two (2) signs with maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private right-of-way to the uppermost portion of the sign structure. C. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent street or going into adjacent residences. 3. Project Signs A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay PUD limits subject to the following conditions: 1. Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. Page 37 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 200 9.A.1.b 2. A maximum of four (4) project signs shall be permitted. Two (20 signs shall be located along the CR 901 frontage; one (1) shall be located along the Livingston Road Extension frontage, and one (1) shall be located along the CR 888 frontage. 3. Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare which would impact the vision of drivers using the adjacent streets or going into adjacent residences. 6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Collier County Land Development Code in effect at the time of building permit application. 6.16 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the Code of Laws and Ordinances. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off - site disposal is also hereby permitted subject to the following conditions: A. Excavation activates shall comply with the definition of a "development excavation" pursuant to Code of Laws and Ordinances whereby off -site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of the Code of Laws and Ordinances are applicable. 6.17 ESSENTIAL SERVICES — EMERGENCY ACCESS A. In the event a fire station facility is constructed at the location depicted on the master plan, an emergency access, which may be limited to a stabilized area, connecting the fire station facility to the adjacent development to the south (Tarpon Cove)will be provided. The site design of such emergency access or stabilized area will be coordinated at time of SDP and shall be managed by the fire department. Page 38 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 201 Aee 00143;ey0300 - ZtiL LOOOZZOZ-ld : OV1996 ueld aalsew popenoo CZ-VL-9 aoueuipio - V PV :;uauayoel;d N Co N xoop•(£ZOZ-LZ-b) (Zbl IOOOZZOZ-1d) Qfld deg aago;tgOOOD\£ZOZ-9Z-b\VClfld\dA1\SZOZZOZ\ZZOZ\:H a SUO7lapap ddVONOdyj 41;9Hli spJOM : su0}lippV ddV pauil.lapun spd0�fl 95 JO 6£ aiiu'd Y u ea - a suoi�njoS buuaauibu3 I!AiZ) / �Ua)WG60uoW �oafoad [Dljj,'DPVUOZON avOV r op I :ON 103/'Odd a M J77 `S31b70099V uOGGY / 30007 iszaz#-v•o dnoaE:) 15uf+lnsuoo 6T6££ ld 'saaAW lPod /1 % �no0 uauuoS OE99 � d V (7AOAMI TRAIL) pU U2ti ro CL W Q- 2 11 U - WU� i •• i U Q N a:.' r.l. 0 N o 0 0 W � o w U U z Q Q z w w ~ cn z � SQ C� w1 J� 0,:�)+ + 0 zQ DQ U o, w Of� Jo CD N c6 0 r- LU LO w Q 3 z w IL 0; w + LLu UQ V)oo w O CL Cl) OHO M 0 NVId 8319M and jIgCb AVG 33HO1VH000O m r n Uzi w z — U 00�� z w w � 0 C in z w w Z O , w m U- NzF- LU 0 F — w U�=zIL UQQvwiLu QUCL z J LU w z Uw Q F- LU w 0 w zZ Q = ::DU F w z U00 z~U OQ UU� w w z <0u(D w ~ Z V)F-0� owQ zmo� Q=)afw LLI J N 0— 0- 0 0 z Q J w 3 w w w Q V) w 3 IL a rr Wz o d a V) v> w U U Q U w 0 OL V) w U w V) Q F- z w cn LU w LL 0 z 0 Q U 0 Wd SGZS:9 EZOZll LlL '6mP' l l LO-EZOZ-ueldJaIseW6uluoZ�dWOnd\poddnSbuluoZ\0000\spafOJd\s6mp\:n 9.A.1.b OR: 4366 PG; 2434 EXHIBIT B COCOHATCHEE BAY PUD AMENDED BALD EAGLE MANAGEMENT PLAN The foregoing Bald Eagle Management Plan has been coordinated throw and approved by, the U.S. Army Corp of Engineers ("USAGE"), the U.S. rsh & Wildlife.:Ser�ice ("USFWS"), and the Florida Fish &Wildlife Co ervation Commission ("FFWCC").' \APROJECT DESCRIPTION The a icant proposed to construct five high-rise condom' s (each 17 l0 20 stories) , social ands fitness center, a golf driving rang tennis courts, guest cottages, p ing areas, and storm water management cilities on a I I1.3-acre project site. &efr sf-epp}eve Vfor'nes nsate for unavoidable effects to bald eagles at nest CO-19, ande applicant prepeses-te shall purchase and preserve suitable ha' .bald eagles in, or in the vicinity of, Collier County, in southwproject site is located north of Wiggins Pass Marina in Sections 0, 'iownship 48 South, Range 25 East, Collier County, Florida B. TERMS AND CONDIT16NS4 1. In the event of oject impleme\9h e entry road, stormwater pond, parking area, d golf club housll be'cleared and constructed in the first no -nesting season (M0 September 30). Exterior construct n of the golf club hld lso='occtir in the first non- nestin eason.2. clearing and the initiation tion of c doiiiiruum number 1 o would be initiated in theting seaso {May-,16 through eptember 30). However, constthis 20-story ilding, which is I This sec is from the DESCRIPTION OF THE PROPOSED ACTION section in the U. Fish & Wildlife ervice's Biological Opinion dated February 27, 2004, as amended on February 6 Feb. 27, 20 z In cordance with the Cocohatchee Bay Developnwat Standards, buildings #1, #2, #3, and #4 I st es and building #5 is 17-stories. Private practice area. Not open to the public. 4 Biological Opinion dated February 27, 2004, Page 14, as amended on February 6 and February 27, Page 41 of 56 Words underlined are additions; words struck throu� are deletions H:A2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 204 9.A.1.b OR: 4368 PG: 243 anticipated to take about 2 years to complete, would not be limit to the non -nesting season. The staging area for building number 1 uld be at the future location of building number 3 (Figure 1). Site cl g for the staging areas would occur in the same non -nesting period. 3. In the second non -nesting season, construction f the remaining recreational facilities east of the access road (i.e., ess facility, social f\Uane4Ming ciliool, cottages and tennis areas) would initiated and exterior completed. These facilities are i ended to be operational letion of the 2-year constructi phase for condominium g and the initiation of con ction of condominium number2 d begin in the next non-n ing season, depending on economic The pad for condomi ' number 3 would again serve as the staging ar for condo construction uence buildings 3, 4 5 with initiated only in . non start dates of these nesting seasons, but 5. The boardwalk/tny6cti CO-19A woul be season after ese two shown. minium umber 2. The permittee agrees the for c remaining condominiums would be start of construction of these condominiums - sting season(s) (Figure 1). The construction ominiums likely would be in consecutive non - be delayed based on the economy. tTg ndominium numbers 4 and 5 inside 660' of co cted in the uplands in the non -nesting tits are meted and at the revised location as 6. In the vent the bald eagle pair r�ttins" CO-19 or builds other nests on pro rty owned by Lodge Abbott Agsoeia, , LLC, the permittee agrees to s' ilarly modify the construction sequence the remaining buildings to inimize the adverse effects of the project on ting bald eagles. The permittee has proposed to preserve an" '°off- ' e bald eagle nesting territory as compensation for unavoidable effects"to agle nest CO-19A. Securing a territory may be in the form of`' fee 3 ' pie title or a conservation easement to be granted to an acceptable, ' d party. The territory must include sufficient area to accommodate alte to nest trees in the event that the primary nest tree is lost, The permittee 'll use best efforts to locate and secure a territory in Collier County, "but-r or the right to search elsewhere if an acceptable contract cannot be ed in Collier County. C. ADDITIONAL TERMS AND CONDITIONS5 5 Amended Biological Opinion dated June 30, 2004 pursuant to a request for letter of technical assistance from Collier County. Page 4-5, as amended and / or re -stated in the February 6 and 27, 2007 Biological Opinion. Page 42 of 56 Words underlined are additions; words struck throug94 are deletions H:A2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 205 9.A.1.b OR: 4368 PG: 24 The USACE has requested the USFWS to modify the /Februa7, 2004 biological opinion for the Cocohatchee development basedations to the project proposed by the applicant. The USFWS has reproposed project modifications and notes that they will result in n of the following two (2) items to the Terms and Conditions Sectiiological construction of condominiums numb/ettion d 3 can be initiated only tg the non -nesting season (May 16 teptember 30) (no earlier 2008). However, once initiated, conactivities can cant' over ugh the nesting season until the consof each condominium is 2. The aXate t has agreed to port a and preserve an offsite bald eagle nestinty prior to the i ' ation of construction activities for the projecec ' g a territory ay be in the form of fee simple title or a consen c ent to b granted to an acceptable third party. The territoust incl a su tent area to accommodate alternate nest trees in thet thaf'the art' nest tree is lost. The applicant will use best effortcate and a territory in Collier County, but reserves the right rch cis here 'f an acceptable contract cannot be secured in Collienty. a selepti criteria are as follows: i) Prc ill be givefi to s tion of a parcel that presently supports active' g by bald eagles; but a 'arcel that supports suitable habitat for attracnd supporting nesting`b, d eagles may also be considered aceen ii Preference will be given, but not liNan to, selection of a parcel of itable habitat that has been selectedcd as a conservation priority for preservation by agency process. iii) Proximity to other conservation lands being maiNget preservation and management, proximity to foragin3 types, and presence of other species of conservattan considered for selection of a parcel of suitable habitat eagles. I '% D. CONSERVATION MEASURE6 or identified for eas, size, cover ncern will be Xnesting bald Provided the necessary federal, state and local permits are obtained, the appliNt will construct a 50- to 60-foot artificial nest tree on a salt flat approximately 5,000 feet northwest of the existing nest tree CO-19. The applicant shall utilize diligent efforts to attempt to obtain the necessary federal, state and local permits. The a Biological Opinion dated February 27, 2004, page 15 Page 43 of 56 Words underlined are additions; words struck through are deletions H:A2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 206 9.A.1.b OR: 4368 PG: 243 purpose of the artificial nest tree is to ascertain if eagles that are utilizing st CO- 19 will relocate to the adjacent artificial tree. This specific location chosen because it is within the territory of the eagles that nest at CO-19 arther than 1,000 feet from the proposed condominium construction area, wel uffered from other potential conflicting land uses, and will minimize dis ce to wetland resources. The geotechnical engineer (ASC Geoservices, In rporated) suggest at actual fill for the base structure in the salt flat wetland 1 be limited to a 25- are .fpot area, and can be pile driven by a crane from oating barge. Water dep are adequate to reach the site, and representaf es of the South Florida Wate agement District will accompany the co actor during barging and tree ins ion to ensure that environmental dama will be minimized. The artifici 't,tree will use technology d eloped for monopole cell towers with artificial. 1", limbs and needles mate ' g that of a mature slash pine with a crotch configura. n suitable for construe ' n of a nest by bald eagles. The tree will be designed t N `illstand 140 mph nds, be lightning proof and constructed of non -toxic materi Examples of technology can be found at manufacturer websites such as w nturem ers.com or www.utilitycamo.com. The applicant also proposes to video camera in the nest tree to provide the residents of Cocohatchd-e` d other interested parties with an opportunity to monitor eagle nesting behave The final designs of the base, the nest tree, and the camera will be submitt tq: Service. Any revision by U.S. Army Ctr pgineers (USACE), the U.S. Fish & Wildlife Servic (USFWS), and t11e Eka Fish & Wildlife Conservation /-d n WCC) that may cause re, to, of the above described terms and 1 not require fuurther amendni[entr the Cocohatchee PUD or this Management Plan. Should thelirrer� `eagle pair or a second eagle a new nest within the PUD boundary,: y revisions to the above erms and conditions required by thes listed above shall not amendment to this Bald Eagle Management P The applicant shall ounty in writing of any revisions to the abuv eseribed terns and approved by the agencies listed above and s . revisions shall automatically become part of this Bald Eagle Managerrient ,01 and no further action to amend this Bald Eagle Management Plan shall be requ F. PHASING PLAN In accordance with B & C above, a phasing diagram has been includN for reference. See Attachment 1. G. REASONABLE AND PRUDENT MEASURES 7 From Biological Opinion dated February 27, 2004, pages 13-14 Page 44 of 56 Words underlined are additions, words '- • .v�h are deletions H:A2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 207 9.A.1.b OR. 4368 PG; 2 1. For the duration of the project, the applicant must take all necess steps to minimize the potential for incidental take of bald eagles g each nesting season. During the construction of the project, the egille icant must make reasonable effort to prolong the integrity of the bald nest tree, the nest, and the surrounding habitat. 2. Upon the onset of the nesting season each year of nstruction (October 1), the applicant must initiate monitoring acco ing to Service draft Monitoring guidelines, to detect the presence of ld eagles on the project site and, if present, any abnormal bald eagle b avior, since site work and ding construction within the primary zo is proposed to occur during tii esting season. This monitoring cons of 4 hours per morning, for 3 days r week while construction is occ ng. Page 45 of 56 Words underlined are additions; words struck throu� are deletions H:A2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 208 9.A.1.b OR. 4368 PG; 2438 1. For the duration of the project, the applicant must take all necessary steps to minimize the potential for incidental take of bald eagles during each nesting season. During the construction of the project, the applicant mus make reasonable effort to prolong the integrity of the bald eagle nest tr the nest, and the surrounding habitat. , 2. Upon the onset of the nesting season each year of construction Atober 1), the applicant must initiate monitoring according to Se ice draft monitoring guidelines, to detect the presence of bald eagles 9K the project site and, if present, any abnormal bald eagle behavior, sine site work and 'building construction within the primary zone is propose/to occur during the nesting season. This monitoring consists of 4 ha er morning, for 3 per week while construction is occurring. Page 46 of 56 Words underlined are additions; words struck throug94 are deletions H:A2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 209 r ABS 88431e40303 - ZK OOOZZOZ-1d : 0ti89Z) ueld jelsew pa;oenoo £Z-b6-9 aoueuipio - V Jjd :;uauayoe;;y F!cN54! U a OR: 4368 PG: 2439 a i - � 1 � — r I i it i- e ♦ . U [C,Id1 1 A F4....1.....,..1 1 s.. DL`l►rfD C Page 47 of 56 Words underlined are additions; words ^'�•�> are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx 9.A.1.b EXHIBIT B BALD EAGLE MANAGEMENT PLAN 1.0 INTRODUCTION c as This report provides project management guidelines for the maintenance of habitat, c foraging and nesting opportunities for bald eagles (Haliaeetus leucocephalus) within the m boundaries of the Kalea Bay and Cocohatchee golf course properties. The document a addresses the existing use of the site by eagles, with general background information on their ecological and biological characteristics and habitat requirements. It also outlines a a. description of how planning and site development will be guided in consideration of the m existing use. The plan briefly describes habitat that will be impacted by the development, as well as that which will remain available. Maintenance of the preserve areas is also described with the measures to be followed in order to keep the site viable for continued m nesting by future eagle pairs. 0 0 U 2.0 PROJECT LOCATION AND DESCRIPTION 04 The Kalea Bay and Cocohatchee golf course projects are an existing approved residential c and golf course development located in the North Naples area of Collier County. The N property is more specifically located east (Cocohatchee golf course) and west (Kalea Day N residences) of Vanderbilt Drive immediately north of the intersection of Wiggins Pass a Road and Vanderbilt Drive. A portion of the preserve areas associated with the project is c also located west of Vanderbilt Drive immediately south of the intersection of Wiggins Go Pass Road and Vanderbilt Drive. The Kalea Bav residential high-rise communitv is under N construction, with four of five towers erected, and work slated to start on the fifth at the end of the 2022/23 eagle nesting season. The Cocohatchee golf course will be constructed �- the Vanderbilt Drive. Some for the in 2002 L on east side of clearing course was conducted but then put on hold. Additional work was started in 2016, but again put on hold and not completed. The course is currently undergoing design modifications and permitting reviews though work on previously permitted areas is underway as L Surroundingand nd adjacent land uses include high rise residential development and a county L 0 park with playground and boat ramp to the south, while single-family residences and multi- N family low-rise development are found to the east and north sides of the project. Adjacent land to the west is undeveloped open estuarine waters and mangrove forest CL 3.0 BALD EAGLE (Haliaeetus leucocephalus) c c 'a L 3.1.1 Occurrence on Site a Active bald eagle nesting has occurred on the project site for at least the past 25 Q years. Observations of the nesting activities by the property owners commenced a during the 1998/99 nesting season. The original nest (CO-19) was located in the E center of the site on the west side of Vanderbilt Drive. It was constructed in 1997 0 in a large pine tree. The tree was killed during a small fire in 1998 but was still a Page 48 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 211 9.A.1.b successfully used by the eagles for several more years. A new nest (CO-19A) was constructed during the 2005/06 nesting season. The new nest was located in a pine tree approximately 1000 feet northwest of the original nest tree. The nest has been taken over by great horned owls a few times, but the eagles continued to come back. During the 2019/20 season, the eagle pair built another new nest (CO-19B) a little over 2,000 feet to the east, on the east side of Vanderbilt Drive but have never actually used this nest. They instead moved back to the COI9A nest for the nesting seasons since 2019/20. Great horned owls were observed using nest CO- 19B during both the 20/21 and 21/22 seasons. CO-19B was blown out of the tree during Hurricane Ian in September 2022 and has not been rebuilt. The nests were permitted to be taken via a Biologicalpinion initially issued in 2004 and subsequently modified later in 2004 (for the original nest (CO-19) location), 2006 (after the eagles built CO-19A) and 2007. The authorization to allow take of the nest was then continued via a transitional permit (MB 196606-0) in 2008. The area and trees around the CO- 19B nest tree is being preserved under the modified design even though active nesting has not occurred at that site since the nest was constructed. Three of the buildings have been constructed while the fourth is substantially complete and the fifth will soon be under construction. All construction to date has been accomplished per the terms and conditions as outlined in the BO and authorized under the transitional permit. The new nest (CO-19B) on the east side of Vanderbilt Drive is not included in any of the take authorizations that have been issued to date on the subject property. This nest site is located in an area that is currently approved to be cleared for the golf course. The course is being modified to try and avoid the nest tree as much as possible even though the eagles have never used this nest. It was co-opted by great horned owls immediately after it was constructed. The work proposed to construct the golf course will encroach within the 330 and 660 foot buffer zones around the nest tree but since the nest is no longer present, additional permitting is not required. Annual monitoring has been and will continue to be conducted to document any usage or new nesting. If a new nest is constructed, then a new or amended eagle permit will be required and will be coordinated with USFWS. 3.1.2 Biology and Habitat Requirements The bald eagle is the largest raptor that breeds on the peninsula of Florida, with a wingspan of about seven feet. Body plumage is dark brown with the head and tail a distinctive white. Juveniles are brown -black and fully developed with a white head and tail by the age of five or six. Eagles typically nest close to water with their diet comprised mainly of fish but supplemented with a variety of vertebrates including birds and turtles. Thus, nests Page 49 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx C a) C d a 0 IL m m d as m m 0 0 0 U N 0 0 0 N N O N J IL 0 o Ln N c a a� N E d L L 0 M N as c 0 C E L r� 27, c a� z ¢ Packet Pg. 212 must provide prey opportunities in the vicinity, good visibility and a clear flight ap th. Nest lag begins in early fall and the cone shaped nests can be 6 feet across and 6-8 feet deep, lined with soft materials. Most commonly, living pine or cypress C trees are chosen where some canopy remains above the nest. The ratio of water to -0 land edge is one of the most important considerations and so long as pre.. day a) does not diminish, habitat suitability of an area remains constant. ¢ 0 Egg layingg peaks in early December and clutches usually consist of one to two eggs a. with incubation of Mproximately 35 dqys. The young fledge after 10-12 weeks m although parental care may continue a further 4 to 6 weeks after this. Most of Florida's eagle pairs are year round residents while the young are migratory_ m m In addition to the nesting tree, diurnal perch sites are an important part of the eagle's 0 territory, when, during the non -nesting season, perching may take up 74-83% of the v da(FWS). Selection is similarly based on how much prey is available in the N vicinity and how well the bird can see it, thus perch sites are typically trees bordered by an open area such as river or lake banks. o 0 As a top predator eagles are vulnerable to the build up of contaminants in the food N 0 chain. Population size was severely affected by the use of the pesticide DDT (now a banned), which reduced reproductive success by thinning eggshells; lead and c mercury poisoning are on -going concerns. Multiple disturbances by humans of Go nesting birds has been shown to lead ultimately to nest abandonment. Spatial and V temporal isolation from the nest site and feeding areas are components of species r_ management plans. a L d Given the general requirements for the ecological success of the eagle, an overview of how development on the project site will allow continued habitation is provided E below. as L 3.1.3 Site Development Considerations and Species Management Protocol L c°, M N The current site plan calls for development of 5 high-rise residential towers with clubhouse and recreational amenities, and a golf course with associated clubhouse, maintenance, and stormwater components. The high-rise buildings were originally permitted as 4 - 20 story buildings, and 1 - 17 story building. One component of the c current plan is to amend the building heights to all 5 as 20 story buildings. The o parking and staging for the construction of building 5 is on the east side of , Vanderbilt Drive and is within the 660 foot buffer around the CO- 19B nest tree. ¢ The current golf course approvals would directly impact the CO-19B nest tree, so a the golf course is being modified to avoid the nest tree and adjacent potential E perches. However, the updated design of the course still falls within the 330 foot buffer. The updated layout for the course has the fairway for one of the holes located a Page 50 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx Packet Pg. 213 9.A.1.b approximately 35 feet from the nest tree. It is not possible to shift the hole further away due to the existing conservation easements and wetland preserve that are already in place as a result of the original permitting. As stated though, with no nest present, monitoring or additional permitting is not required unless the eagles re-establish a nest in the tree. If a new nest is constructed prior to the completion of construction activities, then a new or amended bald eagle permit will be required. The main foraging area for the eagles is the Wiggins Pass estuarine system, which is designated as Outstanding Florida Waters, 220 acres of which has been protected by the project via conservation easements to the South Florida Water Management District, US Army Corps of Engineers, and Collier County_ preserving this habitat in perpetuity. Approximately 90 acres of which were purchased as mitigation for the incidental take permit which was issued for the project. The National Bald Eagle Management Guidelines (2007) recommend the establishment of a single buffer zone 660 feet or less from the nest, depending on the presence or absence of existing activities (of "similar scope") and the visibility of the activity from the nest. To avoid disturbing nesting bald eagles, FWS recommends: • Keeping a distance between the activity and the nest (distance buffers) • Maintaining forested (or natural) areas between the activity and around nest trees (landscape buffers), and • Avoiding certain activities during the breeding season. The buffer areas serve to minimize visual and auditory impacts associated with human activities near nest sites. Ideally, buffers would be large enough to protect existing nest trees and provide for alternative or replacement nest trees. The CO-19A nest location is approximately 112 feet from the closest permitted high rise building and approximately 60 feet from the clearing limits. The CO-19B nest location is approximately 570 feet from Vanderbilt Drive and 436 feet from the bypass which will be used as parking and staging during the Building 5 construction. Under the proposed project amendments, nothing would change with respect to the proximity of structures or clearing around nest CO-19A, though Building 5 would increase from 17 stories to 20 stories in height. Nest CO-19B was constructed within the permitted development footprint for the golf course. As a result of this new nest location, the golf course holes and lake area around the nest tree have been amended to avoid the nest tree and leave some of the potential perch trees in place to accommodate a nest if the eagles decide to rebuild one in this location in the future. Page 51 of 56 Words underlined are additions; words ^'�•�r are deletions H:\2022\2022025\wP\PUDA\4-26-2023\Cocohatchee Bay PUD (PL-20220001142) (4-27-2023).docx C a) C d E 0 IL m m d a� m m 0 0 0 U N 0 0 0 N N O N J IL 0 Go Ln N c 2 a L d N E d as 0L M N as c 0 C E L r� 27, c a� E n: ¢ Packet Pg. 214 The owners of the property are aware of the CO-19B nest location and are aware that the golf course and Building 5 staging areas may be subject to additional restrictions depending on whether or not a new nest is re -constructed in the future. Based on the monitoring efforts undertaken since CO-19B was constructed, there has been no successful eagle use of the nest. Great horned owls took the nest over immediately after construction and have used it successfully during the ensuing nesting seasons until September 2022 when the nest was destroyed by Hurricane Ian. Even though eagle nesting has not been documented at this site, the project proposes ongoing monitoring to document if new nest construction is initiated as well as the following to minimize the chance of disturbance of the eagles should they rebuild the nest in the future. • All clearing and earthwork (including lake excavation) within the 660 foot buffer zone will be done between May 16 and September 30 (outside of the eagle nesting season). • Construction will be scheduled so that work further from the nest will occur before construction closer to the nest. • All exterior lighting will be shielded so that lights do not shine directly towards the nest. • A visual buffer between the staging and parking activities for building 5 and the nest will be enhanced with opaque fencing as well as by planting native pines and hardwoods within the landscape buffer area. • A no -entry buffer zone will be established around the nest tree to keep golfers and maintenance equipment away from the tree during nesting esting season. • Monitoring of the nest will be undertaken during initial maintenance activities to determine if golf course maintenance (mowing,) disturbs the nesting and chick rearing of the eagles. Limits to maintenance activities with respect to day of the week, times of day, and activities allowed duringnesting esting season will be assessed regularly and amended as needed to minimize disturbance to any nesting eagles. As mentioned previously, the new nest location is right in the middle of the previously approved golf course plan. There is no way to reconfigure the golf course to avoid the 330 foot buffer, much less the 660 foot buffer. If a new nest is rebuilt in the same area, the incidental take permit with FWS will have to be amended to allow for the golf course construction to be undertaken. 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BROCK, CLERK E%T 7240 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement and Release") is made and entered into on this 'j#�, day of :l,r,,e_, , 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge") WITNESSETH: WHEREAS, on or around May 10, 2005, the County denied Lodge's Planned Unit Development ("PUD") Amendment request, a request that more specifically asked for an amendment to the PUD's Bald Eagle =5J WHEREAS, the PUD ` r �i;�stion is also som�n��r#eferred to as the Cocohatchee Bay PUD; and WHEREAS, Lodge filed at' p6tticnfor, elo i Tentieth Judicial Circuit in � and for Collier County, F orlda'"t& atta&ihie concerning the proposed amendment to the PUD's Bad le Management Pliiii f1 . �e being styled Lodge Abbott �. y. Associates, LLC v. Collier Coun WHEREAS, on or around May 1, 2006, Lodge submitted a notice of claim to the County purportedly, among other things, pursuant to the Bert J. Harris, Jr., Private Property Rights Protection Act ("Bert Harris Act"), Section 70.001 et seq., Fla. Stat.; and WHEREAS, in accordance with Section 70.001(4)(c) of the Bert Harris Act, the County met at a regularly scheduled meeting on December 12, 2006 and authorized the making of a written settlement offer to resolve any and all claims Lodge had against the County; and WHEREAS, this Agreement and Release protects the public interest served by the regulations at issue. 1 2/28/08 revision Packet Pg. 220 OR; 4368 PG: 2 NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement and Release, the sufficiency of which is acknowledged, and with the intent to be legally bound, Lodge and the County mutually agree to the following: 1. The County and Lodge agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses" by reference into this Agreement and Release. 2. The settlement documents will consist of the original PUD Ord. No. 2000-88 (Exhibit 1), the amended PUD (Exhibit 2), the revised Bald Eagle Management Plan for the amended PUD (attached as Exhibit `B" to the amended PUD), a phasing diagram entitled "Cocohatchee Bay Golf Course This Agreement and Release f; standards from the original �Ij original PUD will control.' i , 3. The settlement ("SDPs") that Lodge has su> rules and regulations of the C states the Y s i` b& ---ci being a Pathway Depiction (Exhibit 4) deviations in development in�his `Agreement and Release, the site development plans , in accordance with the standards set forth in the original PUD and as may be varied by the express terms of this Agreement and Release These three SDPs are identified as AR5282, AR5283 and AR5284. 4. The County will expedite the review of these three SDPs and all future building permit applications submitted by Lodge. The existing environmental impact statement ("EIS") does not need to be amended unless the SDPs are revised to increase wetland impact beyond the impact currently permitted by the South Florida Water Management District and the U.S. Army Corps of Engineers by more than five (5%) percent. 5. Lodge agrees to contribute $3 million to the County for affordable workforce housing. Payment shall be made at the rate of $600,000 for each of five (5) residential 01 2/28/08 revision Packet Pg. 221 OR; 4368 PG; 234� 9.A.1.c condominium buildings to be built by Lodge at the time each building permit is issued. This payment shall be a credit against any affordable workforce housing fee adopted by the County. If no fee is adopted or if the fee is less than the payment set forth, the County shall retain the excess payment. 6. Within fifteen (15) days of the Effective Date of this Settlement Agreement, Lodge shall contribute the sum of $3 million to the County to fund Vanderbilt Drive corridor improvements and bridge enhancements. No impact fee credits shall be given for payment of this sum. Lodge recognizes that the County may request additional contributions up to the proposed road impact fees due for 5 construction of the Vanderbilt shall be required, however $5,500,000.00 on the V initial $3 million shall Release, however, is applicable laws, ordinances or shall it fees upon approval of the SDPs. These to assist the County in funding the such additional contributions that all parties have spent such sums paid over the in this Agreement and `!y the County's ability under ) of all transportation impact be refunded to Lodge should Lodge be permanently prevented from commencing construction based upon actions by any governmental entity or any third party. County shall be entitled to retain these funds without any need for reimbursement upon the earlier of (1) Lodge's commencement of construction of the first tower, or (2) the exhaustion of time to file any third party challenge with respect to any matter concerned by this Agreement and the attachments hereto. 7. Lodge and the County agree that the Cocohatchee Bay PUD shall be exempted from the County's PUD sunsetting provisions within the LDC until the Effective a 3 2/28/08 revision Packet Pg. 222 OR: 4368 PG; 234� 9.A.1.c Date of this Settlement Agreement. At that point, the five year sunsetting provisions in the LDC shall govern. Lodge still shall be obligated to provide annual PUD monitoring reports. 8. As each residential condominium building receives the first certificate of occupancy or temporary certificate of occupancy, Lodge shall record restrictive covenants on one -fifth (1/5) of what is known as the GC Parcel, and when all five covenants are recorded, they will restrict the use of the entire GC Parcel to two (2) residential units and the uses described in the PUD for the golf course development area. The phasing diagram of this requirement is attached as Exhibit 3. These restrictive covenants shall each provide that if the golf course development area or any reason, then all of the GC;JW 1 including development area, except remain forever as green in Paragraph 5.3 of the covenants will require a supeq"�Writy vote of the ever discontinued or abandoned for the entire golf course for the two (2) residential units, shall to the uses expressly allowed w:T�visions to these restrictive Commissioners. 9. To fully satisfy ifs 1t � ��u, `sidewalks along adjacent off -site public roads, Lodge shall construct a pathway ten (10) feet in width on the western side of Vanderbilt Drive (consistent with the Comprehensive Pathways Plan adopted by the County in 2006) in lieu of building a sidewalk on Wiggins Pass Road and a sidewalk on the east side of Vanderbilt Drive. The pathway is depicted in Exhibit 4. This construction of the pathway shall be accomplished by Lodge with Lodge's funds and shall be completed upon the issuance of the first certificate of occupancy or temporary certificate of occupancy for the first residential condominium building within the Cocohatchee Bay PUD Project. 10. Building Five as shown on the revised Bald Eagle Management Plan attached as Exhibit B to the amended PUD shall be increased from fifteen (15) stories to seventeen C! 2/28/08 revision Packet Pg. 223 OR; 4368 PG; 234 (17) stories, but shall not exceed 175 feet in Building Height, as defined in Paragraph 3.5 entitled "Amended Cocohatchee Bay Community Development Standards" of the amended PUD, and Footnote 2 thereto. 11. The maximum number of dwelling units to be constructed by Lodge shall not exceed 590 units. Of these, a maximum of 590 units may be multi -family and constructed on the R Parcel. However, two (2) units of the 590 may be single family units to be built on the GC Parcel. The development standards for the single-family dwelling units on the GC Parcel shall be as set forth in Section 4.4 in the amended PUD, attached hereto as Exhibit 2. 12. What has been single R parcel as set forth in the*OO Virsed PUD The development the amended PUD (exceptas may 13. If there are by federal or state agencies, irther County R-2 Parcels shall be replaced by a a, attached to the amended PUD. rtYt in Table II of Paragraph 3.5 of t tfiO Agreement and Release). S { 3 _tai' -Management Plan required edit process shall be required. The County acknowledges that the,' , dald � 1l",YIInagement Plan is in compliance s_. with the County regulations. Lodge shall be exempt from any County regulations that may be adopted in the future applicable to the Bald Eagle and the County shall defer to the state and federal regulatory permitting process relating to the Bald Eagle Management Plan and issues related thereto. Lodge, however, shall be required to notify the County of any such changes required by state or federal agencies, which will then require an administrative change by the County to any of the previously approved SDPs under review or that have been approved by the County. Any change to the construction sequencing shall be considered an insubstantial change to the SDP. 14. The Cocohatchee Bay PUD is hereby amended as set forth in Exhibit 2. 5 2/28/08 revision Packet Pg. 224 OR: 4368 PG; 23 15. Lodge shall and hereby does without limitation release, waive and forever discharge the County, its present and former elected or appointed officials and employees, insurers, sureties, agents, attorneys, and representatives of any and all claims, causes of action, costs, expenses, attorneys' fees, or charges of any kind that Lodge has or may have that arise from, or reference, relate or refer in any way, whether directly or indirectly, to the Cocohatchee Bay Project, PUD Ord. No. 2000-88, the related Bald Eagle Management Plan or any amendment or proposed amendment to the PUD Ord. No. 2000-88 or the Bald Eagle Management Plan through the date this Agreement and Release are approved and authorized by the Board for the Chairman's claims and the claim asserted effective upon the County conditions set forth in 16. In the limitation all Bert Harris Act o. 05-967-CA bfis release shall be immediately in 'accordance with the terms and ;�' i "Agreement and Release, the County and Lodge agree to"�*,,Icooperatively to'4�d'J ,Agreement and Release. In this regard, the County and Lohit ac.a.ttS =e,Qme parties to any such challenge proceeding if one or the other of them is not iiamed as a party in the first instance. The County and Lodge shall each bear their own costs and attorney's fees in any such proceeding. 17. If any third party challenge to this Agreement and Release should ever be successful, after exhaustion of all appeals or other requests for review or reconsideration or federal permit conditions prevent Lodge from being able to develop the project consistent with the amended PUD Master Plan then the County agrees to return all money provided by Lodge under this Agreement and Release upon sixty (60) days written notice from Lodge and to allow Lodge to retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law. In addition, if Lodge is ultimately unable to obtain 6 2/28/08 revision Packet Pg. 225 OR; 4368 PG; 23� 9.A.1.c required federal permits for the SDPs as referenced in this document and is therefore unable to build this project (exclusive of any federal permits or approvals for docks), Lodge likewise will be entitled to a refund of all money provided under this Agreement and Release within sixty (60) days of written notice from Lodge and Lodge shall retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law 18. Nothing in this Agreement and Release or the settlement documents shall be construed or interpreted to confer any right to docks or any particular number of docks. 19. The Agreement and Release shall be binding upon Lodge's and the County's predecessors, successors, assigns, officer , �res� t-and former employees, owners, present and former elected or appointed i ls, insurers, �pr% p� ,and representatives, who shall work together in good faith this Agreement and Release. 20. This Agree ent add lgase '§h�ttjbe)�veriieO by the laws of the State of N a Florida. A ,.00 LO 21. This Agreeme�;�d Release may b6lkhTonded' "Vni ly by a written instrument 'c c specifically referring to this Agrd.elease adecuted with the same formalities E as this Agreement and Release. This Agreement and Release supersedes all prior discussionsCD Q c and representations and contains all agreements of the parties. E 22. The County and Lodge acknowledge that this Agreement and Release is the in m product of mutual negotiation and no doubtful or ambiguous provision that my exist in this Q Agreement and Release is to be construed against any party either based upon a claim that the party drafted the ambiguous language or that the language in question was intended to Q favor one party or the other. 7 2/28/08 revision Packet Pg. 226 OR; 4368 PG; 236� 9.A.1.c 23. The Effective Date of this Agreement and Release shall be the date upon which the Chairman of the Board of County Commissioners of Collier County, Florida, executes this document. 24. The County and Lodge acknowledge and assume the risk that additional, different or contrary facts to the facts which they believe exist may now exist or may be discovered after this Agreement and Release has been entered into, and they agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. The County affirmatively states that it is not aware of any facts that would prohibit the construction of and Release or the that it is not aware of authorized by the PUD Agreement and Release. ' , 25. In the event i,{ dithis Agreement of this by the PUD and this Agreement Lodge affirmatively states of the project as enforceability of this either party to this Agreement and Release may en tieth Judicial Circuit in and for ....; s w .., a Collier County, Florida. In this respect, the bounty and Lodge shall request that the Court in Case No. 05-967-CA approve this Agreement and Release as part of a stipulated judgment and retain jurisdiction to enforce this Agreement and Release's terms and award any other ancillary relief for the breach should such be necessary. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGE TO FOLLOW 2/28/08 revision Packet Pg. 227 OR; 4368 PG; 235 9•A.1.c ATTEST:;;: DWIGI�• E, PROCK, CLERK By: �t e- A"ftt a" -to Ch& i puty Clerk signature WIT S ES; Signed Name Print Name Si Name Printed Name BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, F ORIDA By: .10 TOM HENNING, CHAIRMAW ITS: A' Ap in oved as to form and e i 9 Je A. Kl ow z Co y Atto y._ ASSOCIATES, LLC w 2/28/08 revision Packet Pg. 228 OR; 4368 PG; 2354 9.A.1.c i L � ja ORDINANCE NO.2000- 8 8 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8508S, 8516N, 8517N, 8520N, AND 8520S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-3 (3), A (ST), RMF-6 (ST) (3), RMF-6 (3), RW-12 (ST) (3), RMF-12 (3), RSF-3 (ST) (3), RSF-4 (3), and RSF4, TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A MAXIMUM OF 590 RESIDENTIAL DWELLING UNITS AND RECREATIONAL FACILITIES INCLUDING A GOLF COURSE AND CLUBHOUSE LOCATED ONATHE NORTHWEST CORNER„ OF WiGGINS PASS IiOAQ (C.R 88 VANDERBILT DRIVE (C.R. 901) IN SEC,71-w 8 16 �' 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER „COUNTY, FLORIDA, CONSISTING OF 532+ ACRES; AND e"$Y PROVIDING AN Wtihi(IIASi Kau�n o��. i ca€ �s;9 p�tingXanderbilt Partners II, LDT., petitioned the Board of cou rty or�m o" td c n�theJzonirig classification of the herein described rel'pr 06r2y'x hs, NOW, THERORE BE IT ORDAINED bthe Ba d cif Coriunissionm of, a /f� Collier County, Floti'�t:; SECTION ONE: I The zoning classififcahaof located in Sections 8, 16, PPS' .17 and 20, Township 48 South, Rangi-25 3?�lie County, Florida, is changed from RSF-3 (3). A (ST), RMF-6 (ST) (3), RMF-6 (3), RMF-12 (ST) (3), RMF-12 (31, RSF-3 (ST) (3), RSF-4 (3). and RSF-4, to "PUD" Planned Unit Development in accordance with the Cocohatchee Bay PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8508S, 8516N, 8517N, 8520N, and 8520S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. 0 Z01 rf•I:>a:�I�31 This Ordinance shall become effective upon filing with the Department of State. Exhi6if 1 to Settlement Agreement and Release Packet Pg. 229 OR: 4368 PG: 23 PASSED AND DULY ADOPTED by the Board of County Commissional of Collier County, Florida, this 1 day of .�gr{,.1a . 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO IDA ATTEST:, BY: JAMES D. CARTER, PhD., CHAIRMAN D4 GHT E. BROCK, Cicrk ktttst as to Ctlairmaa's This ordinance filed with the signature oaiy. Secretory ofg5 te�'s Office the Approved as to Form and Legal Sufficiency = a `-"f,I eived tn*s ATQ—'j!'4jcy Marjo ' M. Student Assistant County AuomeY � " t -2- Packet Pg. 230 OR: 4368 PG; 235 COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ._� PREPARED FOR: f /V ILT PARTNERS H. LTD, 47777 K` E n. `r` k PREPARED B MS, INC. OF NAP X 3 ^ Ri Ai4 DATE REVIEWED BY CCPC DATE APPROVED BY BCC L-2k2l&- ORDINANCE NUMBER xo o-B� AMENDMENTS AND REPEAL DOCUMENT DATE 12/ 14/00 EXHIBIT "A" Packet Pg. 231 OR: 4368 PG: 23 9•A.1.c INDEX PAGE List of Exhibits and Tables Statement of Compliance SECTION I Property Ownership, Legal Description and Short Title SECTION II Project Development SECTION M Residential Development Areas SECTION IV Golf Course ! Open Space SECTION V Preserve,.Disco sq, SECTION VI Gvelopment Coin N'v a E m a E a Packet Pg. 232 OR; 4368 PG; 23 gA.1.c LIST OF EXHIBITS AND TABLES EXHIBIT "A" Planned Unit Development Master Plan EXHIBIT "B" PUD Master Plan with Eagle Zone Overlay and Bald Eagle Management Plan TABLE I Land Use Summary TABLE 11 Development Standards IT C a C E m a C E a Packet Pg. 233 OR; 4368 PG; STATEMENT OF COMPLIANCE The development of approximately 532.09 t acres of property in Collier County as a Planned Unit Development (PUD) to be known as Cocohatchee Bay PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay is a mixed use residential golf course community and will be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: 1. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project are adequate. The Cocohatchee Bay Project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 2. The Cocohatchee Bay Project will be compatible with and complimentary to existing and planned land uses in the vicinity. Project lands lie in a transition area which includes low-rise residential development and high-rise multi -family development. 3. The subject property's location in relation to existing or proposed community facilities and services permits the Development's residential density as described in Objective 2 of the Future Land Use Element. _.� 4. The project Developmon ` tibie with ementary to existing and future surrounding land usesas Ared in Policy 5.4 ure Land Use Element. 5. The property was dowri4oiw duringti'e Zofiii)g Re-e*;&Iuation Process which resulted in an action establishing seVe t tes: Parcel I v1 1 Y R3t�' 33 57 units Parcel 5 4 R11.6� cis nIiSF= 646.52 units Parcel 6 - i' � � 11 aRSF-4(3) _ 39.45 units Parcel 7 -69.61 acres ISF-3st(3) 208.83 units f-3(3) RMF Parcel 8 194.60 ' Y „l2"(3) — 583.80 units tw R1-12st(3) Parcel 9 1.26 acres RMF-12st(3) — 3.78 units Parcel 10 80.65 acres RMF-12st(3) — 241.95 units RMF-6st(3) TOTAL 532.09 acres — 1757.90 or 1758 units The PUD will utilize a total of 590 units on 532.09 t acres for a gross density of 1.11 dwellings per acre. This action snakes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. m Packet Pg. 234 OR: 4368 PG: 2360 9.A.1.c rA 7 8. 9. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3. LH and 3. Ll- of the Future Land Use Element. The project Development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code (LDC). IV Packet Pg. 235 OR: 4368 PG: 2 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATCHEE BAY. 1.2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°24'40"W. (SHOWN IN ERROR AS S.88°26'40'"W. IN O.R. BOOK 68, PAGE 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167, PAGE 692; O.R. BOOK 218, PAGE 4a4, HERF FTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE, F A%iG �` f LOT 4 AND THE WESTERLY PROLONGATION OF SA}UTH LIN>;u6.71 FEET, TO AN INTERSECTION WITH AN AGREED BQ ARY LINE AS CfiI ED INO.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE. ALTHOUGH 01 R. BOOK 167, PAGE 692 AND O.R. BOOK 218, PAGE 484A'I'E T AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGt,,235, 'IIE TANCE ARE IN EFFECT THOSE RECITED IN Ar,' ER DEEDS O.R. BOOK 87, PAGES 439 THROUGH 447FM,TIJE PB Ig2DS. F O IER COUNTY, FLORIDA; R� THENCE RUN K29b1�'1°" '`W:°: N it 1ID B Y LINE, FOR 300 FEET; THENCE RUN N.3000'00" V 'w* ONG SAID AGREI ,i BOUND R,' LINE, FOR 961.43 FEET (SHOWN 1N ERR11 961,30 FEET IN 'TEE OF , RECORDS), THENCE RUN N.67r30'00"W. AGREED BOUNDAR "'LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397. ,,T THE OFFI CORDS); THENCE RUN N.22°31'00'"W., (SHOWNI RiORLyC30'(0"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BODiItE FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECITON WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN NA°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'00"E., FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00023'10"E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. Packet Pg. 236 OR; 4368 PG; 236 9•A.1.c PARCELS THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B (ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE -FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM RIGHT-O F-iWAYOF.STATE ROAD S-865A (VANDERBILT DRIVE). PLUS ANY LAND AD DF� R&, 0 S iCCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND L0 1 REFROIVI-IIYSUBMERGENCE OR EROSION. PARCELS . BEGINNING AT �fiHEISO i'IMAS')` CORNER OFON 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, Cd C , FLQ A VN N.89°54'20"W., ALONG THE SOUTH LINE OF SATE N11 2 3 S ET TO AN INTF..RSECTION WITH AN AGREED BOUNDAR Y E 3AS�lO 'SIN ?O.R. BOOK 68, PAGE 235 LZ THROUGH 250 (F THET V131 'jI IDS 1-co COUNTY, FLORIDA; THENCE RUN N.01 °3(Y05'*. AImDNG SAID AGREE? BOUNIS Y LINE, FOR 1298.70 FEET (SHOWN IN ERR)0 1300.00 FEET, IN� L 68, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAI 'E�t CITED AS OFFICE B _'ORDS), THENCE RUN N30°00'00E., ALONG S'pl) AGREED BOUN, YLINE, FOR 800 FEET; THENCE RUN N.05000'00"W., ALONG'S i141 —D LI aI� 'ARY LINE, FOR 1480 FEET; THENCE RUN N.29° 11'40"W., ALONG-rIx", "BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.8M.V40"E. (SHOWN IN ERROR AS N.88026'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN S.0-26'00"E. (SHOWN IN ERROR AS S.0°26'00"W. IN THE OFFICIAL RECORDS). ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 1.2 Packet Pg. 237 OR: 4368 PG: 2361 g A.1.c OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN S.89053'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN S.89053'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK I, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.41*I1'03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.00'06'42"E., FOR 120 FEET, THENCE RUN N.8905TI8'E., FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0026'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM A POINT -OF -BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF EAST 1/t4 OF SAID SECTION 17, RUN N.89°40'S5"E., FOR 56(12� . ALONG IbRTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST ,1/4 OF SAID SECTION"I T6\A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAZIHEREOF RECORDED U HEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUB LIG'RECOR 2S Oi~°'CQLLIER COUNTY, FLORIDA; THENCE RUN N.0026W W., FOR I' N LINE; THENCE RUN S.89040'55"W., FOR" KNEAD LINE, TO A POINT ON THE WEST LINE OF t- IORT`l4 �`UTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S`lbTiE POINT OF BEGINNING. PLUS ANY LAND ADUF.p;THERETO BY AC � , N ( R-LICTION, AND LESS AND ACCEPT ANY LXNDST THEREFROl1�GENCE OR EROSION. 41 PARCEL 10 — �11 BEGINNING AT THE +CC) OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIEI�`��FLORIDA, RUN N.89°52'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00°14'00"W. FOR 1698.91 FEET; THENCE RUN N.54°47'521W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°1710E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN N.02°59'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE RUN N.2701570"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05037'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89054'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20, THENCE RUN S.02°12'00"E., ALONG THE 1.3 Packet Pg. 238 OR; 4368 PG; 236� 9.A.1.c EAST LINE OF SAID SECTION 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT THE RIGHTS -OF -WAY OF STATE ROADS S-965 A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND ACCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, At PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS_ BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.I ADDITION;-THIENCE N.89°52'20"W. ALONG THE SOUTHERLY EET TO THE SOUTHWEST CORNER OF LINE OF SAID LOT 4, AaDf _OE9 F SAID LOT 4, THE SAME BEING THE SOU" ST CORNER OF LOT 10, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; °HENCE N.8905270"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET T)d THE S WEwl' COIt1 EER OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THiCF, 1.� WESTERLY LINE OF SAID WIGGINS PASS LANDINGS dNf 1, A 608.90 FEET; THENCE N.34°26'15"E., ALONG SAID WES'iE1 I. ';I 1E .��` , GF 439.38 FEET TO A POINT ON THE NORTHERLY LINE�OF'SAIIJ INS PASS°I I�IDFNGS UNIT NO. 1, THENCE N.8-r48'00'E. A q SAID NORTHERLYLINE A,�ISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SIB WIGGINS PASS LANDINGS UNIT NO. 1; THENCE S Al "E. A DISTANCE Oi :16 7 FEET TO THE NORTHWEST CORNER OF LOT 1; ,y K 3 OF SAID PASS LANDINGS UNIT NO. 1; THENCE N.87-48'00"E. A�06- FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE 0`11LONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK I OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: 1.4 Packet Pg. 239 OR; 4368 PG; 23 A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02°12'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"W., A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.020124)0"W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE S.87048`00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1, A DISTANCE OF 1481.48 FEET; THENCE S.34°26'15"W. ALONG THE NORTHWESTERLY LINE =ipWIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 439.48 FEETfiE NORTHI wASTERLY CORNER OF TRACT B, BAKER-CARROLL �` ; ACCORDING T6 THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54047'52"W., 4ONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF`i99.3� , TO AN INTERSECTION WITH AN AGREED BOUNDARY LIVE tSREC4R�FIPAL`RECORDS BOOK 68, AT PAGES 235 THROUGH 250,E OF THE PUBLICR OF GODLIER COUNTY, FLORIDA; THENCE N.79°1770'E , 9 SAID A -UNT A4,Y;LINE, A DISTANCE OF 69.60 FEET, THENCE N.OS°'?V:.,ALONG SAID"A sOARY LINE, A DISTANCE OF 1417.66 FEET: Tfii i E N.27°15'20"W., N S�kfD, `GREED BOUNDARY LINE A DISTANCE OF 61; THENCE N.8 °48A DISTANCE OF 2472.71 FEET TO A POINT ON THE Y RIGHT-OF-W ."i6 1 N OF SAID VANDERBILT DRIVE; THENCE 5.02°22'25' � 'NCB SAID VVE'%E.�,INE, A DISTANCE OF 1373.11 FEET; THENCE S.02° 12W'E. ALQ b( LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINN NG,-PA 2CEL'CONTAINS 100 ACRES, MORE OR LESS. 13 PROPERTY OWNERSHIP The subject property is owned by A.L. Dougherty Co. Inc., a Delaware Corporation. 1A GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Paris and Barefoot Beach County Park, on the East by Tarpon Cove PUD and Wiggins Bay PUD, on the South by the Dunes PUD and on the North by Arbor Trace PUD and the Retreat PUD. B. The zoning classification of the project prior to approval of this PUD document was RSF-3 (3), RSF-3ST (3), RSF-4, RSF-4 (3), RMF-12ST (3), RMF-12 (3), RMF-6 ST(3), RMF-6(3), and A-ST. 1.5 Packet Pg. 240 OR; 4368 PG; 2 IS PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No. 6. Drainage from the property will discharge into Cocohatchee Bay B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the restoration of historic water retention and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area, however, falls within the 10' to 1 I' foot elevation category. The site lies within Flood Zone AE (EL I V) and AE (EL 12') according to Firm Maps 120067-0191 D, 0187D, and 189D, dated June 3, 1986. D. Soil types within the Project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. 1.6 PROJECT DESCR�je The Cocohatchee Bay 1?Ul° s a +esi tlalTyarid golf co4rse community with a maximum of 590 dwelling units. Recreatiar ,Jac s luding a, if curse, clubhouse, maintenance facility, caddie quarters, s s tvi l 1 id i Q nctjon with the dwelling units. Residential and x u$es;are ignd ti b harmonious with one another in a natural setting by hsi4° the, appropriate screening and buffering and open space. 1.7 SHORT TITLE This Ordinance shall be lrnowciin�tsiti.C;OCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE"-'--' — K-I Packet Pg. 241 OR: 4368 PG: 236 9•A.1.c i SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Development of Coeohatchee Bay shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these Tegulations fail to provide developmental standards, ►t'ct in the County Land Development Code then the provisions ofjr shall apply. B. Unless otherw4` , definitions of allerm�shall be the same as the definitions set i�®t�l�wthe defin�tro forth in the Collier body L.and713e�lopment Cod ',in effect at the time of building permit application C. All cond tion$! aid Jill a is m al presented depicting restrictions for the developnie' nl b cite`Cocohhatchee B Puri shall became part of the regulations which govern the,V*Mer in which the PU) .1te may b"oveloped. ,s D. Unless mods w,; ved or excepted by this"' the provisions of the LDC, where applicable, 6, force and effect with respect to the development of the land which comp I Pli� ..A 0,- E. Development permitted by the approval of this Petition will be subject to a concutrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.1 Packet Pg. 242 OR; 4368 PG; 236 9.A.1.c i 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including land uses for the various tracts, is illustrated by Exhibit "A," the PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities, golf course layout, roadway pattern, and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE SUMMARY TABLE I U / 0, � jSua ACRES N Residential "R1" 4$0 "-;smR" 44.00 , Residential "R2"��'` '� 9.70 Golf Course "GC"V7)170.39 +/- Open Space N/A i / ,s 308.00 4/- (Preserve, Lakes and uffers) pd, 590 Total 532.09 +/-acres 2.4 RELATED PROJECT PLAN APP OVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A," the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. 2.2 Packet Pg. 243 OR: 4368 PG: 23 9.A.1.c C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2.5 MODEL HOMES / SALES O 7 Model homes. sales cent0kyd other uses ana cttires related to the promotion and sale of teal estate such as, but notI to, pavilions, viewingllatfomrs, gazebos, parking areas, tents, and signs, shall be permit p n`ctpa�l""bees throughout the Cocphatchee Bay PUD, subject to the requirements of Section 2 of„the Collier County Land Development Code and all other applicable sections Sale 1� ' t or to final plat approval as provided in said Section 2.6.33 4 �f 2.6 AMENDMENT' P DRP1D "�ERPLAN Amendments may brr to the PUD as provrdetl in the,=Collier County Land Development Code, Section 2.7.3 5� y 2.7 ASSOCIATION OF PROP)h'�t FOR COMMON AREA MAINTENANCE *!, I Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 Packet Pg. 244 OR; 4368 PG; 23 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.2.3. The Applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 29 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay Community PUD except in the Preserve District. General permitted uses are those uses which generally Developer is of the Cocohatchee Bay PUD and are typically part enera serve the Level rand residents of the common infrastructure or;; ay gorii community facilities. r�� A. General Permitted U � Ok- 1. Fss ntial S rservices as mot. fiuih n�der th ,i 2. 3. 4. S. 6. porary sewage trea lakes with M County Land Development Code, structures. architectural or structural bank control structures. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2.4 Packet Pg. 245 OR: 4368 PG: 23� 9.A.1.c B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half (112) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10') 5. Minimum floor,,,quired. 6. Mimm lot air parcel area - NO' 7. Sid wal s; tke atlis, sr�d oaths m y kplaced within County required .,... s buffers,' however' pep th of required buffer shall be increased pc po f,.to e r + at e p` surface of the sidewalk, bikepath, or cartpath.€ x + 8. S for parking, landst.ing, pigns dother land uses where such are not specified herZ", are GEi `3n accordance with the Collier County Lan Yelopment Code in eft, i theme of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 483 acres included in the Recreation, Golf Course, Landscape/Open Space, Lakes and Preserve District designations. These areas equate to approximately 91 percent of the Project and fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2.5 r Q Packet Pg. 246 OR: 4368 PG: 2372 9.A.1.c 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with Section 2.4.4 of the Land Development Code. 1. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2. Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. B. A minimum landscape area of thirty-five feet (35') shall be developed along the Vanderbilt Drive front#ge,,,-,-S#ld1l#ndsce buffer on the west side of Vanderbilt Drive e shall include level eft' fe.tuaestlitxl a the view of high rise residential structures from Vanderbilt �3 2.6 r c E c a� E 0 a �a m m a� 0 U 0 U 0 0 0 N N 0 N J a 0 0 0 a E r r Cn m a r E a Packet Pg. 247 OR; 4368 PG; 237 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A," the PUD Master Plan as "RI" and "R2" 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590. The subject property contains a gross acreage of 532.09 +/- acres and base density of L I I dwelling units per gross acre. 33 GENERAL DESCRIPTION Areas designated as "R1"and "R2" high-rise residential dwellin unit ; compatible nonresidential. 4r°`ii full range of customary accessory pici The approximate ae conceptual designs j provided at the time accordance with Di Development Code.' spaces, patios and az found in residential 3A USES PERMITTED A. Principal Uses Plan are designed to accommodate vellings, adult living facilities, al facilities, essential services, and seer Plant. These acreages are based on sbf all development tracts will be un�ary Subdivision Plat approvals in telYr� the Collier County Land odate internal roadways, open ''tr'facilities, and other similar uses �W are"! ted on the entiat tracts are areas, lakes and 1. Multiple -family dwellings. 2. Guest suites and cabanas. 3. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "RI" and "112" Districts. 3.1 Packet Pg. 248 9.A.1.c OR; 4368 PG; 2 L Uses and structures customarily associated with principal uses permitted. 2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R 1 " and "R2" Districts. 3.5 DEVELOPMENT STANDARDS V. B. Standards for not specifiedr' Collier Count approval. Un apply to Finc Table I sets forth the Districts.. Jg Iandscaping, signs the in for land uses within the "R" Residential 'r land uses where such standards are y'PUD, are to be in accordance with at the time of Site Development Plan rds, heights, and floor area standards C. Off-strec}tbitltiamsrlyhoe accessed by parking aisles or dri vewayski0h are separate from air, roads; whid�e more than one development. A green space of not less than ten f0" irt'vl�th as measured from pavement edge to pave memE shall separate any pagr�driveway from any abutting road. D. In the event theuilds thearrl#pamily housing placed in the area between Tarpon Cove and Falling �ters, a nIninjOhi of 30 percent of the multiple family housing shall be offered io employees of the golf course with purchase price or rental rates consistent with traditionally accepted housing costs to income ratios. UVA Q Packet Pg. 249 OR: 4368 PG: 237 COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR TABLE I DEVELOPMENT STANDARDS -RV9 "R2„ HIGH-RISE MULTI -FAMILY Multi- Family Dwellings Minimum Lot Ate& NIA l Acre Minimum Lot Width Front Yard - Internal Road •i WA 0.5 BH not less NIA y0.5 BH not less than 25 feet than 25 feet Front Yard - Accessory Bldg. 0.5 BH not less 0.5 BH not less Including Parking Structure than 25 feet than 25 feet Front Yard - Vanderbilt Drive BH NIA Front Yard - Accessory Bldg. 50. N/A Side Yard 0.5 BH i5 Rear Yard Principal 0.5 BH 15 Rear Yard Accessory 15 10 Maximum Bldg He, � 20 storir�s for a maximum 35 height of 200 flat •2 Distance Between Pri downs�l'�iv¢f"1i r "" �. 0.5 SB •3 OS BH not less than i5feet Floor Area 14Iin.3:F)"""µ 1200 SF �r f L4,1 JW. (Building height): Building d t sba11 be the vertical distance measured rom theit� habitable finished floor elevation to the uppermost finished ceiling elevation of the struettire. $ (Sum of Building Hdghl) Comb*'`fie of two adjacent buildings far purposes of determining setback requirements. All distances we in toet unless otherwise notedIV . .. • 1 Front yards shall be measured as follows: A. if the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way tine. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavernera (if not curbed). 02 Building height for the meth property line adjacent to Arbor Trace in the "R I -tract shall be 15 stories fora maximum height of 150 feet. •3 Wbere buildings with a common architectural theme are angled. skewed or offset from one another. and walls am not parallel to one another. the setbacks can be administratively reduced. 3.3 Packet Pg. 250 OR; 4368 PG; 23 i9.A.1.cj SECTION IV GOLF COURSE "GC" DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for Development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Strum , 1. Golf courses and golf club faciEitie3 includingtemporary golf clubhouses. 2. 3. waatewider treatment plants, i and Intonance staff offices. 4. Any othp�pcipal use which is which the l iiti"ryices Der � -� V" B. Permitted Accessory Uses"and-aStiuctu'ti 1. 2. 3. 4. quarters, clubhouse, guest suites, intenance buildings, essential and ponds, water and :s and pump buildings, utility in nature with the foregoing uses and actor determines to be compatible. Accessory uses and structures customarily associated with the principal uses permitted in this District. Pro -shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. Retail sales of associated recreational equipment and apparel, such as, but not limited to, golf, tennis, and other recreational related equipment apparel and accessories. Restaurants and related uses intended to serve club members and club guests. 4.E Q Packet Pg. 251 OR; 4368 PG; 237 9.A.1.c 5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries. B. Accessory structures s t Y` mum of ten feet (10') from Golf Course District boundaries d. 'te" ds� feet (20') from all PUD boundaries and residential tracts C. Lighting facfrties''s be ac ged,.in,l Harmer hich will protect roadways and residential properties fQ vliroct, late ot;unreass able interference. D. Maximum hw t 'f stipct 't E „ 3 1. r tp t y ston f al"maximum height of 20 feet. m 2. ccessoryStructures.w.1 sto for� #trmumheight of 15feet. E. Minimum drybetween principal sscri feet (10'). VIF F. Parking for the coom-iunity e-ntrdclubhotlse&WI be thrce spaces per every one thousand (1,000) square feet of gr riarubt�r°shall be considered inclusive of the required golf course parking, pr vi a golf course and recreational facilities are private, otherwise, applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S. 41. H. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.2 Packet Pg. 252 OR; 4368 PG; 237 9.A.1.c SECTION V PRESERVE "P' DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. 53 USES PERMITTED No building or structu in part, for other that A. Principal LL§es 1. Passive 2. Brlt, 3. Golf` `5 1-N - shalt be erected and - are permitted in the pre ire eagle 046*—zone. 4. Wildlife sanctuary, �, . q S. Pathways and or bridges. '• 7. 8. Recreational shelters, in Preserve upland areas. or used, or land used, in whole or outside the limits of the bald Dtainage and water management facilities as may be required by SFWMD. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. Packet Pg. 253 OR: 4368 PG: 2379 9.A.1.c 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3. of the Collier County Land Development Code, as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback without the prior written consent of the Development Services Director. In no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures - Twenty-five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). E. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are, tofiance with the Collier County Land Development Code in effect at the ` e�i% pp rent Plan approval. Unless otherwise indicated, regui ;heights, and fi ,tti+ea standards apply to principal structures. 5.5 PRESERVE A non-exclusive Code, Section 3.48-4. County, a non-ex4,i agencies with juris of the Collier Count with the terms set forte successor(s) or assigns, for control and mainten over Preserve Distrip' Development Code,,`, ay applicable permit catdnurthe Master Per 5,2 4 by Collier County Land Development District. In addition to Collier ,equired by other regulatory dition to complying with provisions #nt shall be provided in accordance �y other agencies. The Developer, its vners' Association shall be responsible District. Packet Pg. 254 OR: 4368 PG: 238 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or,i� sha PUD as adopted, and anyctditi of the property. In addtt ' successor or within this agreement:' .�.�.g.. 63 PUD MASTER A. Exhibit "A," or site development plan approval of the Land lrlgpment Code, P the Master Plan and the regulations of the lions as may be agreed to in the rezoning iq title, is bound by the commitments used development and is wndaries or special land use gay be adjusted during the platting the provisions of Section 2.7.3.5. Y be made from time to time. B. All necessary e ' iis,ldedications, clt instruments shall be granted to ensure the continued operation nd r tap 'all seivice utilities and all common areas in the Project_ �,�_.... C. The following shall be considered minor changes and refinements, subject to the limitations of PUD, Section 6.3A: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3_ Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 6.1 Packet Pg. 255 OR; 4368 PG; 2301 9.A.1.c 4. Internal realignment of rights -of -way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6A SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar year 2000/2001. Marketing of commercial and residential sites and golf course memberships are to begin in calendar year 2000, and are expected to be concluded in calendar year 2010. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. C. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of t bode. 6.5 POLLING PLACES" Pursuant to Section .6.�pfi}ic a +el ment , provision shall be made for the future use of space within a c mr►ny ding fa the pu of accommodating the function of an electoral polling P1 : � /1" 7 's , An agreement s wit till a cilf tlerk of the Circuit Court of Collier County, which shaT-4 btnding upon'any anal all su"sor ftt interest that acquire ownership of such common areas uding, but not limited to, condom itiu`m associations, homeowners' associations, that suW on facilities may k useda%iati electoral polling place if determined to be necessary by thip°,N(Jisor of Elections. 6.6 SUBDIVISION REQUIREME _ WTBARD DESIGN SUBSTITUTIONS A. Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17. of the LDC. Due to the environmental issues on this Project impacts are to be minimized. B. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5. of the LDC except as follows: 1. Cut -de -sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum of fifty foot (50') right -of --way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. Packet Pg. 256 OR; 4368 PG; 23 3. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. of the Land Development Code. 4. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14. of the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 5. LDC Subsection 3.2.8.3.19.: The standard that street name markers shall be approved by the Development Services Director and conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting, striping and reflective edging of the main road system will be waived. Traffic circulation signage shall be in conformance with Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices standards. 6. LDC Subsection 3.2.8.4.16.8.: shall be 30 feet with exce-p be. 40 feet. 6.7 TRANSPORTA The minimum back of curb radii for internal roads taon of both entrance road intersections which shall A. The Developer shall"provide 4 s6re.contnb tion,toward the capital costs of any traffic signals necessary. at �ect accesses ' =deemed warranted by the County Engineer. Thextraffrc $i0ala wild s gii installed, owned, operated, and maintained by Collier tyk9w D velar all pr]vi a of tppW level street lighting at all Project accesses prior iov eIissuai eofarly" rtifio ' upaney for a building accessed from a Project entrance. B. The Devel opa that Collier County reserves the right to disallow developer improvements wt anderbilt Drive, EaSt/West Livingston Road, and/or Wiggins Pass Road rights -of -way" rf,ss c tttr►ptov ments"conflict with or negatively impact public roadway, drainage, or ut `* factlttres planned as part of future four-laning construction. C. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. 6.3 Packet Pg. 257 Mao 23 The Developer shall provide additional right-of-way in fee simple title, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right-of-way and accordingly will not be subject to road impact fee credits. The final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. do not show required right-of-way for right turn lanes for this PUD, but the right-of-way shall generally be of a typical width of approximately 15 feet. The right-of-way conveyance shall occur at the time requested by the County. OR; 4368 PG; E. The Developer shall provide the additional 10 feet of right-of-way in fee simple title, when necessary, along the PUD frontage to Wiggins Pass Road. Additional right-of-way is required in varying widths on the north side of Wiggins Pass Road as shown on the final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-way along Wiggins Pass Road shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. F. The Developer sh rfeacicii�tot''ght-of-way in fee simple title, when necessary, along the PUD'a �° for fut t,EastfWest Livingston Road between Vanderbilt Drive,,�U.S. 41. The Village Place PUD directly to the north of this PUD has East/West dedicated 5 j'rt(gstct tRof dngh f along'i southern property line for the future of right-o-way along the northern property line for future EaStJW in 041, =041lier d to the County. Such required right-of-*a%y s alebe alti4k] + County for public roadway, drainage, a ub rc lit vents:% C lli r unty shall compensate the Developer t-dF= ay on s'I ' land appraisals of the fair market value based on,its value prior to p I.. al of the � . The right-of-way conveyance shall occur at the ttm�,+equested by the county. G. The Developer°s#M,�and pay for -on required road improvements to Vanderbilt Drive that will provide, f o�j�t (this includes turn lanes and other improvements such as Ightg.)l�these improvements are made prior to the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four-Iane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay all design and construction costs related to access for the Project. 6.4 Packet Pg. 258 OR: 4368 PG: 2384 H. The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stormwater commitments from East/West Livingston Road along the Project property line in the form of water quantity. Water quality will be handled within the 167.5' right-of-way reservation. The Developer shall design noise mitigationiabatement systems in accordance with the Collier County Land Development Code. 1. In the event the County four -lane improvements to Vanderbilt Drive or Wiggins Pass Road precedes the development of this Project's access to Vanderbilt Drive, the Developer shall bear the full cost for the access and appropriate turn lanes. 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Water distributio age Collectrori and, ion lines to serve the Project are to be designed, cons � £ , coney ed, and/or o e$ and maintained in accordance with Collier County nce•-lo. 97-17 as ame ded, and other applicable County rules and B. All customero co`re�(in t die �v$ter dtstrl lbc}n 91d sewage collection facilities to be constructedcatt0 10 County 6dJw jjk be billed by the County in a +i accordance ti°te Co�ti estabilshed i +s ° C. The on -situ � l distribution systeI�Frojcct must be connected to the District's wa*hkiiiq and must be consist n Atli the main sizing requirements specified in the County .. ter Plan and xte filed throughout the Project. During design of these facilities,` the following s hajI be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. 6.5 Packet Pg. 259 In E. OR; 4368 PG: 2385 9.A.1.c A water distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights -of -way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. F. A sewer distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights -of -way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer 3 `z facilities constructed ovate pr+bpS. lrty "not required by the County to be located within utilitytsiall be own,"',to d and maintained by the Developer, his assigns or supQts. G. All the 6.6 proposed plats, if applicable, for wed prior to commencement of Packet Pg. 260 OR: 4368 PG: 238 69 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.7.3. of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall bo ated in Conservation Areas which shall be platted. D. An exotic vegeta O Moval, monitoring, and maintenance (exotic -free) plan for the site, with emphasis ie conservation/preservions"Weas, shall be submitted to Current Planning Etivirgtit enlaiS"taff,%r t'eY�w and pr%vat prior to final site pladconstruetion plan approval./ 4- - , t E. Petitions# s mp# v f i ih tW in ,s r' ommendations of the U.S. Fish and Wildlife +� S V �da d31 idlife Conservation Commission (FFWCC% rd'tng potenitial impa s to pi otec ildlife species. Where protected species and rvcd on site, a Habtta [ rlat wage .mf Plan for those protected species shall be submitte tti Tanning Services Se66nista"r review and approval prior to final site pladconstructt n p n approval A Bald 1 -Management Plan and a Gopher Tortoise Management Planewired for.thist14 F. Any amendment to the Bald Eagle Management Plan shall require review of the Environmental Advisory Council or any successor body. 6.10 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Review Services. B_ Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. 6.7 aD -Ea c a� E a 0 a m aD U R 0 U 0 U N v T 0 0 0 N N 0 N J a 0 00 LO Packet Pg. 261 OR: 4368 PG: 2387 9.A.1.c C. The Developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stooped and the Collier County Code Enferrrment Department contacted. 6.13 ACCESSORY Accessory structun the principal struet contractors storage of Project devclgpl completion of th 'i acts s w j- - 6.8 wth or following the construction of igs� trailers, marketing facilities, be $rested and utilized during the period �! i!Idings shall be removed upon are accessory to. aD E c a� E a 0 a m aD m ca 0 U 0 U N T O 0 0 N N 0 N J a 0 0 0 Packet Pg. 262 OR; 4368 PG; 238 6.14 SIGNS 1. General A. B. C. D. All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this Section. 2. Entrance Siens For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to signs as permitted herein. Should any of the signs be requested to be placed within the public rights -of -way, a right-of-way permit must be applied for and approved. All signs shall be located so as not to cause sight distance problems. A. Two (2) B. C. 3. Projax Signs 4f 40 square feet each or one (1) sign with a square ie permitted at each entrance to the heightf fifteen (IS) feet above the lowest '91i -o private right-of-way to the uppermost the prey irect glare into the vision of duvet^ into i4 }'i nt residences. hts are shielded in a manner which using the adjacent streets or going A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay PUD limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along the CR 901 frontage, one (1) shall be located along the Livingston Road Extension frontage. and one (1) shall be located along the CR 888 frontage. WE Packet Pg. 263 OR; 4368 PG; 238 9.A.1.c 3) Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare which would impact the vision of drivers using the adjacent streets or going into adjacent residences. 6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.16 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the Land Development Code. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comp Y4 excavation" pursuant to Division 3 off- *te removal shall be limited to A:>. CIA- 6.10 the definition of a "development the Land Development Code whereby percent (to a maximum of 20,000 cubic less 4 commercial excavation permit is Packet Pg. 264 and Ae8 9ayo;ey0003 - ZK WOOZZOZId : Oti89Z) ;uGwGOJBV WGuaORPS - 8 UV :4uGwt4oe;;b 'AD7d-90rt)9 ON DY. V S*l N -97VVS suss u ti+wr s+� U%OLI CINIOJ 3$1l.Idw [?0-90-i t ;mil NYjd H'.l.L M Qfld s� -•av .c031U&d oo-sr-eo MVO 7S0 iXYa'P 3SSVNVA XV8 33MJLVROJOJ � � N 3 k _ � Q Z W Q � � U `� 4t Op p CC ( Q� �o Q1 a r aD Y u a and ABS aayD;ey0300 - Z-P 4WOOZZOZ-ld : Oti85Z) IUBWOOJBV IUBWOI;;ag - 9 PV :IU8WLj3BPV d A.L. ge *an," �ra�d-sozrov av rnor •srn '3�s ,,..,a, 'MAf A*wm*ag ~X NWT 00-590—i c ;nix HOrUM V 3 waV A 9ozw MN I_ltwu d o0-6r-voacro co to N a a� c� rrnr�►ovu�to*z��w* R3 Aar a AVH , LVHOOOQ re 81f 1 18/1-1X3 4 y~� co a — ... 168Z :Od 890 'd0 OR: 4368 PG: 239 Bald Eagle Habitat Mmwgemext Plan COCOHATCHEE Sections 8, 16, 17, & 20, Township 48 S, Range 25 E, Collier County. Turrell & Associates, Inc. August 2000 4.0 Bald Eagle (Hatlaeetus leucocephalus leucocephalus) 4.1 Occurrence on Site An active bald eagle nest is located on the site on the west side of Vanderbilt Drive, shown on the attached site plan / preserve map. According to FFWCC records, the site has been active for at least the last 7 years with nest being constructed in two different trees. The current nest was constructed in 1995 and the original nest tree was cut down in 1997, the nest had already fallen. The parent birds fledged one hatchling in 1998-99 and two young during the survey period. The nest is located in a dead and rapidly deteriorating Slash Pine tree on the western portion of the property. The tree is located between a small sawgrass marsh area and the bay forest / mangrove swamp. The birds have an open view to the water over the tops -of -the- mangroves to the west. Almost all of the established trees br # Tree and Vanderbilt Drive have died, mostly due to� a -#hat occurr property several years ago so the birds also a relatively unobs e' view of Vanderbilt Drive. Due to the conoitioriv,of-�theegee, it is not exp ted ,that the eagles will continue to use th#" nest more than a cbt pie of more 'years at the most. It is more likely that 6 � ros u 4lith6r destroy the tree supporting the nest. or d+hs` y se f k riot clear where the eagles will try to construct 4 n\v e it rs Specific observations were made during the,ttirgeaskm o flight patterns and feeding beha; if 'und the nest The` t ob ervittoh`s showed that flights into and out of test were predomin%ly to,�e south and south-west from the nest tree.\ raI other dead pined -hd the nest served as perches for the paren the nesti , birds to con Iq ` season. An effort was made by the parent ...nes adjacent to the existing marina early in the `99-`00 season. fiiow t', h efforts were unsuccessful. 2.2 Biology and Habitat Requirements The bald eagle is the largest raptor that breeds on the peninsula of Florida, with a wingspan of about seven feet. Body plumage is dark brown with the head and tail a distinctive while. Juveniles are brown -black and fully develop the white head and tail by the age of five or six. Eagles typically nest close to water with their diet comprised mainly of fish but supplemented with a variety of vertebrates including birds and turtles. Thus nests must provide prey opportunities in the vicinity, good visibility and a clear flight path. Nest laying begins in early fall and the cone shaped nests can be 6 feet Packet Pg. 267 OR: 4368 PG: 239 12a1,1 Ea8 1t HQbffaf Mang tuna . Plan 8 COCOHATCHEE Sections 8, 16, 17, & 20. Township 48 S, Range 25 E, Colter County. Turrell & Associates, Inc. August 2000 across and 6-8 feet deep, lined with soft materials. Most commonly, living pine or cypress trees are chosen where some canopy remains above the nest. The ratio of water to land edge is one of the most important considerations and so long as prey density does not diminish, habitat suitability of an area remains constant. Egg laying peaks in early December and clutches usually consist of one to two eggs with incubation of approximately 35 days. The young fledge after 10-12 weeks although parental care may continue a further 4 to 6 weeks after this. Most of Florida's eagle pairs are year round residents while the young are migratory. In addition to the nesting tree, diurnal perch sites are an important part of the eagle's territory, when, during the non -nesting season, perching may take up 74-83% of the day (FWS). Selection is similarly based on how much prey is available..inthen)icinity and how well the bird can see it, thus perch sites are Ili tret#s red by an open area such as river or lake banks.�- �.� As a top/ore "tor eagles are vulnerable 1:64he build up of contaminants to the food chin.,, Praulation,°size, was severely affected by the use of the pesticide DDT-, banned) rcr-educed reproductive success by thinning eggsh;"ands °bisoning are ongoing concerns. Multiple disturbarrcf ; n sting birds has been shown to lead ultimately to nest'rnixitit. Spatial and temporal isolation from the nest sitd" and feeding areas' re components of species management c plans. Given the 4al requirements for: tie; ecological success of the eagle, an overview tot the project site will allow continued habitation is pi6mc( ;odlc 4.3 Site Development Considerations and Species Management Protocol The current site plan calls for development of a golf course only with an option to conduct future residential construction should the site conditions or management techniques change to allow it. It should be noted that existing flight paths are predominantly to the south and south-west and a far greater area of preserve extends from the nest tree to the west, keeping the site in a similar configuration to how it is currently utilized by the birds. The main foraging area is the Wiggins Pass estuarine system which is designated as Outstanding Florida Waters, 280 acres of which will be deeded by conservation easement to the South Florida Water Management District preserving this habitat in perpetuity. Packet Pg. 268 OR: 4368 PG; 2394 9.A.1.c Bald Eagle Habitat Management Plan COCOHATCHEE Sections 8, 16, 17, & 20. Township 48 S, Range 25 E, CoNier County. Turrell & Associates, Inc. August 2000 The Habitat Management Guidelines outlined in the Recovery Plan for the Southeastern States Bald Eagle call for a primary protection zone, except under unusual circumstances, extending 750 to 1500 feet outward from the nest tree. The precise distance being dependent upon the proximal and spatial configuration of critical elements such as the nest tree, feeding area, and roost trees. No residential, commercial, or industrial development, logging or mining should occur within this zone. The site plan for the golf course as proposed projects into the 750 foot primary zone to the east of the nest tree. It is not anticipated that this will adversely affect the eagles because of the existing circumstances of the site. There are no existing living trees within this area and the birds currently have a relatively unobstructed view of Vanderbilt Drive. The golf course would remove some of the dead snags left in the area but observations over the past two yews have shown that these snags are not utilized by the bir si ing. Also, flight paths into and out e� of the nesting area "were in thb lie direction and not over the area proposed.16,_be`impacted. A scre 6i'lliving vegetation will be planted between 'ther if course and the nes site to block views and sounds of the golfersl from the nq .--"This action would result in a buffer of approximately-5 f to�ie' th nest. A buffer of 750' would be maintained' tc the oath �a� =�f =the", nest, and no impacts are propoW ip the st hetwE:ee fhe and flue Gulf of Mexico. To mini disturbance duri the imrtj i nt nesting period, a greater buffer � f 1500' in radival , t�ee�lished and maintained during site consiion activities. No co in activities will take place within the 1500-f6ot Wine,duri g the n gig,,period which runs from October 1 through May`T fC 11 Incorporated throughout the site is an education plan consisting of signs and posters located at golf hole tees, with information and pictures of the habitats and species located in the vicinity of each hole. In this way players and residents will gain knowledge and an appreciation of the system as they progress through the course. The eagle will be highlighted at the appropriate location with details on the species biology, ecology and conservation status. Packet Pg. 269 OR; 4368 PG; 239 9.A.1.c STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000-88 Which was adopted by %tie ;$turd ofo ,County Commissioners on the 12th day of 000, during k:egular Session. WITNESS my hand :rand thkaf County Commissioners §fCo'1 eqw, of December, 2000.° t lu ial sealyofthe Board e� _ —� ke ,�� r da}, this 15tU: 4 � r da11c-; �ZN D t' �• `� � BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners By: Ellie Hoffman, Deputy Clerk r c E c a� E Q 0 a �a co m a� t 0 U 0 U N 0 O 0 N N 0 N J a 0 v 00 LC> 04 a� Q c m m r aD Cn m Q r c a� E U Q Packet Pg. 270 9.A.1.c f .,v COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING AMENDED MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOMIENT CODE .� PRF�ARED FOR YAND1111 ERRiLT PARTNERS II,T PREPARED ; PMS, IlVC. OF DATE REVIEWED BY CCPC DATE APPROVED BY BCC12/11/00 ORDINANCE NUMBER 2W"8 AMENDMBNTS AND REPEAL DOCUMENT DATE 1 y_ 1 M00 SET I LENIENT AGREEMENT AND RELEASE DATED 2008 1 2r2aro8 revision Exhibit 2 to settlement Aft wW Release I r E E 0 a �a m a� a� 0 u 0 U N 0 0 0 N N O N J a 0 V 0 0 04 a� E a� a� a� a c m E am r r a� m a r c a� E u M la Packet Pg. 271 OR; 4368 PG; 23� 9.A.1.c INDEX PAGE List of Exhibits and Tables II Statement of Compliance III SECTION I Property Ownership, Legal Description and Short Title 1.1 SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 SECTION IV Golf Course / Open Space 4.1 SECTION V Fe District SECTION VI GendralRDevelopT Commi is °:, 6.1 f ke rr En. ^` 7 <+ ' I 2/29/08 revision m E E a 0 a �a m d d s s 0 0 0 U 0 0 0 N N 0 N a 0 00 4) L a r E r U) m a _ E a Packet Pg. 272 W- -: OR; 4368 PG; 2 04-� ]E�BPT "A„ Amended Planned Unit Development Master Plan EXHIBIT `B" Gocohatchee Bgy PUD Amended Bald Eaglc MMNj&Mqnt Plan EXHIDTT "C" Settlement Amwment and Release TABLE I Land Ue TABLE II Develoodint Standards "�istrict II 2/28/08 revision V a E a 0 a m a� a� 0 u 0 U N 0 0 0 N N 0 N J IL 0 00 ul) v a E r r m a r E a Packet Pg. 273 OR; 4368 PG; 239 STATEMENT OF COMPLIANCE The development of approximately 532.09 t acres of property in Collier County as a Planned Unit Development (PUD) to be known as Cocohatchee Bay PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay is a mixed use residential golf course community and will be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: 1. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project are adequate. The Cocohatchee Bay Project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 2. The Cocohatchee Bay Project will � ' ie with and complimentary to existing and planned land uses in the vrcrnr in a transition area which includes low-rise residential develop_ ",((and high-rise in development. 3. The subject property's 1 " on—ftfmlation to existing or proposed community facilities and services permits the Deve)opt�e4's esidentxal density as described in Objective 2 of the Future Land Use pr 4. The project Devel t pomp b� �vr� and J oz lenmtary to existing and future surrounding land required in olicy oft aWrt Lind Use Element. � mx 5. The property was down -zoned during the Zoning Rea- Valugtion Process which resulted in an action establishing sevetl.zoning districts and di: �J Parcel 1 - 11.19a�� RS33.57 units ,w Parcel 5 - 161.63 acreg-- -- YtSF4 = 646.52 units Parcel 6 - 13.15 acres RSF-4(3) = 39.45 units Parcel 7 - 69.61 acres RSl-3st(3) = 208.83 units RSF-3(3) RMF-6(3) RMF-6st(3) Parcel 8 194.60 acres RMF-12(3) = 583.90 units RMF-12st(3) Parcel 9 1.26 acres RMF 12st(3) — 3.78 units Parcel 10 80.65 acres RMF 12st(3) = 241.95 units RMF-6st(3) TOTAL 532.09 acres = 1757.90 or 1758 units >II 2/28/08 revision Q Packet Pg. 274 a I The PUD will utilize a total of 590 units on 532.09 t acres for a gross density of 1.11 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. 6. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 7. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1 A and 3. LL of the Future Land Use Element. B. The project Development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 9 All final local development orders for this Project are subject to Division 3. 16, Adequate lv 2/28/08 revision Packet Pg. 275 - - OR: 4368 PG: 240 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATTHEE BAY. 1.2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION „$, RUN S.88°24'40'W. (SHOWN IN ERROR AS S.88026'40"W. IN O.R. B I ` 'O.R.235; O.BOOK 87, PAGE 439 THROUGH 447; O.R.; BOOK�ff7; PA t �.O.R BOOK 218, PAGE 494; HEREINAFTER CITEiI As OFFICIAL RECORD$) -A1,ONG THE SOUTH LINE OF SAID GOVERNMENT ,AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 1 6 L k T, M-AN INTERSECTION WITH AN AGREED BOUNDARY LINE A$ RKrr, Il!I i3I3PAGES 439 THROUGH 447 (SURVEYOR`S Nolt Af:MU .'PAGE 02 AND O.R. BOOK 218, PAGE 4841[1` X ATE THAT UNDARY LIMB IS FOUND IN O.R. BOOK 68,AlCiL b35 TIIE. GS DISTANCE ARE IN EFFECT THOSE RECII'EI 1 LATER EXCHANGE OF 'QUIT"a"A I DEEDS O.R. BOOK 87, PAGES 439 *'PUGH 447), OF PUB °,4tECORDS OF COLLIER COUNTY, FLORID 4 CE RUN N.29°'11A40,vr "ALONG SAID BOUNDARY LINE, FOR 300 ;a CE RUN N. "W., ALONG SAID AGREED BOUNDARY LINE, 1.43 ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); T'Iil N0 --R A N.7"30'00"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.2203I'00"W., (SHOWN IN ERROR AS N.2203900"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'007E., FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00023'10"E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED 1.1 2nSM revision Packet Pg. 276 368 PG: 240 THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. P THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT- OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B (ALSO KNOWN AS WIGGINS PASS ROAD). 6 THAT PART OF THE NORTHERLY ONE -FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL7 THE EAST 12 OF THE NO 4 I q CTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER t)'iJiV'1'Y;`FLAi EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF( THE SOUTHEAST 1/4-*NORTHEAST 1/4 AND EXCEPTING �I�� RIGHT-OF-WAY F STATE ROAD S-865A (VANDERBILT DRIVE). PLAk.A ' - ADD THERETO BY ACCRETION OR RELICTION, AND A*t" ANY P►ND LOST THEREFROM BY SUBMERGENCT OR; �► PARCELS BEGINNING AT �fj SOUTHEAST CO � F a15E617ION 17. TOWNSHIP 48 SOUTH, RANGE JAST, COLLIER C A, RUN N.89°54-20"W., ALONG THE SO OF SAID S2839.52 FEET TO AN INTERSECTION AGREED BOUND Y LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 OD " UBL.IC RECORDS OF COLLIER COUNTY, FLORIDA; �1 I2L I .._.. I *MVS"E., ALONG SAID AGREED BOUNDARY LINE, FOR 1298.70 FEEL' (SHOWN IN ERROR AS 1300.00 FEET, IN O.R. BOOK 68, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30°00'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29° 11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88*24'40"E. (SHOWN IN ERROR AS N.88-26'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN Slr27'30"E., ALONG THE EAST LINE OF SAID SECTION 17. FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS S.0026100"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING 1.2 2/28/08 revision Packet Pg. 277 'THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT—OF—WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 'A OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN S.89°53'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN S.89053'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.4101 103"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E., FOR 120 FEET, THENCE RUN N.89053' 18"E., FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT—OF—WAY LdNE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY...IAND ADDED THERETO BY ACCRETION OR RELiCTION, AND LESS ANDS �► -`"ANY LAND LOST THEREFROM BY SUBMERGENCE OR ER(?SIOI�i r _ PARCEL 9 _._. THAT PORTION OF THETHE7�'i" t°/ FOF THE OUTHEAST 1/4 OF SECTION 17, TOWNSHIP +48 SO RANG a22S,.,�T C s R COUNTY, FLORIDA, DESCRIBED AS FO:R011ii ; OF BEGINNING AT THE NORTHWEST CORNED Of'Y;iW SU I OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN_;i:9°40'S5"E., 4., R FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE UTHEASt-JA OF SAID SECTION 17, TO A POINT 0 ,'I`iiE BULKHEAD L1� A$ ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT 13 1 AGE 7, OF THE PUBLIC RECORDS OF COLLIER OUNTY, PLO CE RUN N02600"W., FOR 100 FEET, ALONG SAIi1UL CE RUN S.89'40'55"W., FOR 560.23 FEET, ALONG SAID B, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF jTHE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0025'41 "E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°52'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00014'00"W. FOR 1698.91 FEET; THENCE RUN N.54°47'52"W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79' 17' 10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN 1.3 2128/08 revision Packet Pg. 278 9.A.1.c N.02059'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE RUN N.27015'20"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.1804,00"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05037'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89°5420"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S.02° 12'00"E., ALONG THE EAST LINE OF SAID SECTION 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT 'L'TnIGLEAY OF STATE ROADS S-865 A (ALSO KNOWN AS JILTV�1D ,T DR � S-846 (ALSO KNOW AS BLUEBILL AVENUE). ' J, r X, REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS! %0�jWY1, DDI'1 LON, ACCORDING TO THE PLATTHEREOF RECbRDED 0 =:AND 10� AT PAGE 81 OF THE PUBLIC RECORDS' i*, Cfl6dMR., Cot' BOY, ALL OF WIGGINS PASS LANDINGSO NO.1 ACCORDINqT'� THEREOF RECORDED IN PLAT BOOK t PAGE 44, OF $�-� RECORDS OF COLLIER COUNTY, FLORID G MORE PARTICUL.AI"bESCRIBED AS FOLLOWS: BEGINNING AT ST CORNEI; 4 OF SAID WIGGINS PASS Mwj LANDINGS UNIT NOA - A ONE I N.$9°527A"W. ALONG THE SOUTHERLY LINE OF SAID;DISTANCE OF 599.96 FEET TO THE SOUTTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.8905220"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NOA; THENCE N.00014'00"W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NOA, A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE S.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E. A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT l; THENCE 1.4 2/28/08 revision Packet Pg. 279 OR. �368 PGA ��M nll n I S.02012'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLACK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.I, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. I ADDITION; THENCE S.02° 12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR REL.ICITON, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE F(�.LLDW.ING DESCRIBED REAL PROPERTY: A A PORTION OF LAND,, AT8D IN —THE EAST 1/2 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE— T OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY I3FS ED AS, FOLLOWS. COMMENCING AT THE SOU TM —T CORNER , OF THE SOUTHEAST 1/4 OF SAID SECTION 0; THENCE °12 NG THE EASTERLY LINE OF SAID SOU A DISTANCE,(F`197`0 t F�E'T; THENCE S.87°48'00"W., A DISTANCE OF *!EET W45TERLY RIGHT-OF-WAY LINE OF VANDO'ILT DRIVE, A 100.40 FOOT RV'-OFWAY AND THE NORTHEAST COF*'\OF LOT 1 BLOCK 1, WIGIiH PASS LANDINGS, UN]T NO. 1, ACCORDINf; TIE PLAT THEREOF RED IN PLAT BOOK 10, AT PAGE 44, OF THE �s -..RECORDS OF C COUNTY, FLORIDA, THE SAME BEING THE PO �:61�'BF�GLNNiNG OP PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87'48'00' .,, k DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID I.OT- ; THENCE N.02°12'00"W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLACK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE S.87°48'00W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 1481.48 FEET; THENCE S.34°26'15"W. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54047'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN PTTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COI I JER COUNTY, FLORIDA; THENCE N.7901 T 10"B., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET; TRICE N.05°9'30"W., ALONG 1.5 228/08 revision Packet Pg. 280 OR; 4368 PG; 2406 T 9.A.1.c SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE N.27015'20"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET; THENCE N.87°48W"E., A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02' 12'25"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET; THENCE S.02*12'00"E. ALONG SAID WESTERLY L]NE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is owned by A.L. Dougherty Co. Inc., a Delaware Corporation. lA GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park, on -the, fast by Tarpon Cove PUD and Wiggins Bay PUD, on the South by- ns Di►d on the North by Arbor Trace PUD and the Retrtat PUD ; B. The zoning classt-ofthe project prior"tp approval of this PUD document was RSF-3 (3),�25 3^ .(3), RSF-4, RSF-4 (3), RW-12ST (3), RMF-12 (3), RMF-6 ST(3), RMF 3) 1.5 PEIYSIEk A. The Project ltts within South Florida Rater Management District No. 6. Drainage fro�.;property will disc nto Coeolatchee Bay 377 7. r B. Water Managetltaclities for the dill be designed and constricted in order to introduce pjea t 10 wetland areas in an attempt to assist in the restoration of 1aOri �retention and preserve arras. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the area, however, falls within the 10' to I foot elevation category. The site lies within Flood Zone AE (EL I I') and AE (EL 12') according to Firm Maps 120067-0191D, 0187D, and 189D, dated June 3, 1986. D. Soil types within the Project include Ken fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. 1.6 2/28/08 revision Packet Pg. 281 OR t 4368 PG; 24 9.A.1.c PMEWTITITI:y 0 1'kill 1 The Cocohatchee Bay PUD is a residential and golf course community with a maximum of 590 dwelling units. Recreational facilities including a golf course, clubhouse, maintenance facility, caddie quarters, and guest suites will be provided in conjunction with the dwelling units. Residential and recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. : W-5 4 y00 This Ordinance shall be known and cited as the "AMENDBD COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE." IV �>. t .. 1.7 2J28/08 revision Packet Pg. 282 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the Planned Unit Development document, the Settlement Aereement and Release attached hereto. and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not limited to, Final Subdivision Plat, Final Site Development ,.flan, Excavation Permit, and Preliminary Work Authorization, to wh,,1 mate. Where these regulations fail to provide develop S> , th 'visions of the most similar district in the County "velopment Code shad apply. B. Unless otherwise n .,,*-'definiti* of all n shall be the same as the definitions "set the Collie velapment Code in effect at the z tiof buildtn p��li `� me F C. All conditions is a tented depicting restrictions for the development of the Cocoha#ee }day( shall become part of the regulations which govem the manner ihrsite may be developed. D. Unless modifi , w ed or exthe provisions of the LDC, where applicable, in4Wl,fowith respect to the development of the land which compo IdWwos E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of PiAsien 3.19, AAequae lie Awilifies, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including land uses for the various tracts, is illustrated by Exhibit "A," the Amended PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table L The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. 2.1 212=8 revision Packet Pg. 283 B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities, golf course layout, roadway pattern, and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE SUMMARY TABLEI 1M MAX, D.UA / Saum Footage ACM Residential "R-V" S,� 4W 53.70 44.00 A, Golf Course "GC" $A170.39 +/- n Space, m,a 308.00 +/- (Preserve, Lakes and Lan caps; Bt> M ; 3 Total 0.. Total 532.09 +/- acres AL A. Prior to the recording of' %b orjPt a6ifo`r Condominium Plat for all or part of the PUD, final plans for all rognu+ed improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the Amended PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida B. Revisod Exhibit "A," the Amended PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the AMenclod PUD Master Plan. Any division of property and the development of the land shall be in compliance with DMei�on &r2 of the Collier County Land Development Code, and the platting laws of the State of Florida C. The provisions of DWiision 3.4 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of 2.2 2/28/08 revision Packet Pg. 284 land as provided in the Collier County Land Devel pment Code said prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division-3a of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2,5 MODEL HOMES / SALES OF' S { Model homes, sales arid other uses and structures related to the promotion and sale of real estate spch .but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, iihd' Aigns,� Nihalt-be-,permitted principal uses throughout the Cocohatehee Bay 1PU17, subject the " Collier County Land Devil "Y0110 aid` R ` 1 e sections. Sales facilities will be permitted prior to a> plai npp[rova ,is jn the Collier County Land Develomnent Code< 2.6 AMENDMENTS TQWD DOCUMENT 04` 011S>tR PLAN Amendments may be`, made to the PUD as in the Collier County Land Development Code, -Sew . � ' ' _._ ��"-' 2.7 ASSOCIATION OF PROPE)[Y m" ROWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 2/28/08 revision Packet Pg. 285 -11 2.9 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code,-See4ew2-2-204.4. The Applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 29 GENERAL PERNUTIED USES Certain uses shall be considered general. permitted uses throughout the Cocohatchee Bay Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Devt loper- and residents.4 1be Cocohatchee Bay PUD and are typically part of the common.infrastructure or are c*Ac't' ,,dcommunity facilities. A. General 1. Essential servrc`ar; set tl bier County Land Development .,, x a 2. wat� n nagernent facilities and related strudures. U 3. Temporary sewage treatment facI 4. Lakes including „ with-ba other architectural or structural bank treatments s w 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls which shall be in accordance with the Collier County land Development Code in effect at the time permits are requested unless otherwise specified herein. 2.4 2128M revision Packet Pg. 286 - ---- -- nR � d- - - pG 241 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half (1/2) the height of the strvemm, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified arouvina-BAvefeet (5'1- 4. MinimumNdis*ce between unrelat ' s ures - Ten feet (10' ). 5. uar fl - None required. 6. Mihimuml oir Tar l Nfo�e re 7. Sidewalks,'bikel}a# - attd within County required buffers; , however the width "Of the Irequin buffer shall be increased props gtiately to the width of the -paved a of the sidewalk, bikepath, or r, 8. Standardsr Pail.. "ng,''sris and other land uses where such standards are not speclified_ ;. ate to be in accordance with the Collier County Land Development -Code in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The Amended PUD Master Plan eati* jafigfics the open space requirements of Seefien 2.6.3 the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved 2.5 2/28/08 revision r Q Packet Pg. 287 AICO nr_. 112 LANDSCAPING REQUIREMENTS A A perimeter berm shall be constructed in conformance with Swfien 2.4..e€ the Land Development Code. i . Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2. Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. B. A minimum landscape area of thirty-five feet (35') shall be developed along the Vanderbih Drive frontage d,l�d�ape buffer on the west side of Vanderbilt Drive shall include developmaWleatures that impede the view of high rise residential structures from Vanderbilt Drive, 1 2.6 2/28/08 revision r c E c a� E a 0 a �a CO a� a� 0 U 0 U N O O O N N O N J a 0 0 0 a E r r Cn m a r E a Packet Pg. 288 M. e • SECTION III RESIDENTIAL "W DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A," the Amended PUD Master Plan as " " "D and "R--2" 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590. The subject property contains a gross acreage of 532.09 +/- acres and base density of 1.11 dwelling units per gross acre. 33 GENERAL DESCRIPTION Areas designated as " " to accommodate high-rc living facilities, comr essential services, and cu The approximate acreages are base development had Subdivision Plat FesPeer V81Y,—e€ t designed to accon and water mana¢e sidential dwelling unit nonresidential uses, a � "t.,ft tine of Sit aLs in accordance witlt er County Land De�op internal roadways, ope .30 ilities, and other similar uses r 3A USES PERMITTED " A. PrinciRal Uses 1. Multiple -family dwellings. 2. Guest suites and cabanas. A PUD Master Plan are designed c",s, multi -family dwellings, adult I range of recreational facilities, ,t Oed PUD Master Plan. These cod imate. Actual acreage of all P64ment Plan or Preliminary de. Residential tracts are is and amenity areas, lakes in residential areas. 3. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the M:'" Districts. B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted 3.1 2/28/08 revision r Q Packet Pg. 289 _ nR . a Alt�A.Ec 2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" "D , " __a 'a2" Districts 3.5 DEVELOPMENT STANDARDS A. Table 111 sets forth the development standards for land uses within the "R" Residential Districts. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Cocohatchee Bay PUD, are to be in accordance with Collicr County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. C. Off-street parking,F >-ttiti=t. '°uses shall be accessed by parking aisles or drivew h are separate ii6. y_roads which serve more than one development. °'' A n space area of not s than ten feet (10') in width as measured from vt ntedge to pavement edge shall separate any parking aisle or drivewa frotn any abusing k. i a DEVELOPMENT STANDARDS 023" HIGH-RISE Muhl- FUNNY Dwe>linp+ 9"' IMPAU FAA96VA NON HIGH RISE (011m Strinchrolp Miaism Lot Area N/A 4 Am I Acre MlntEMm Lot WWII MA 1y44 MA Front Yard - Internal Road er 0.5 BH not less than 25 fcct 0-.S-�ws ohm W .rthen 0.5 BH not leu 25 fiect 0S BH o x lean dmn 25 fed Front Yard - Aecenory Bid& Sauctore 0.5 BH not kw than 25 fort ter *n0a-26feet Front Yard - Vaoderift DrWe BH Nh& WA Front Yard - Acemory 50 WA SWe Yard 0.5 BH 43 Rear Yard Principal 0.5 BH 4i5 Rear Yard A 15 40 1 3.2 2/ W8 revision Packet Pg. 290 OR; 4368 PG; 241 Mauch Mft Height 20 stories for a tstauimttm heighit of 200 feet "2 33 Distance Between PAsdpat Sftweinves 0.5 SBH •3 8j 81;so! 1M ass-�S�'iet 0.5 BH not kss • Floor Area Min. S.F. I Boo SF IM (Building Height): Building height shall be the vertical distance measured from the fast habitable 5-shod floor elevation to the uppermost finished ceiling elevation of the structure. MH: (Sum of Building Hdght): Combined height of two adjacent buildings for the purposes of ddamining wtbwk All distances are in feet unless otherwise noted. '1 front yards shall be measured as follows: A. If the pared is saved by a public right-of-way. setbaa is measured from the adjacent right -of way time. B. If the parcel is saved by a private road, setback is measured from the back of nub (if curbed) or edge of pavement (if not embed). •2 Building height for the myth property line adjacent to Arbor Trace in the " 1W tract shall be 12 43 stories for a rnaxirarm height of JU 4% feet •3 Wbae buildings with a common r parallel to one another, the setbacks 3.3 2/28/08 revision m one another, and walls are not C d C a) E a 0 a tu m a) a) t v t O V O U N O O O N N O N J d O CO LO N a+ C w E a) a) L ZA Q r C a) E r Q r C a) E r r Q Packet Pg. 291 OR: 4368 PG: 241 9.A.1.c SECTION IV GOLF COURSE "GC" DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development stanc�...0 for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for Development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal 1. Golf 3.2.- I " Structures -golf club facilities, caddie quarters, clubhouse, guest temporary golf clubhouses. and goff course vices, irrigation ility, and maintenance _!_ �J _� • maintenance buildings, iMt storage tanks and ponds, y pumping facilities and pump 6.4. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro -shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 4.1 2/28/08 revision Packet Pg. 292 a OR; 4368 PG; 24 I� 1 3. Retail sales of associated recreational equipment and apparel, such as, but not limited to, golf, tennis, and other recreational related equipment apparel and accessories. 4. Restaurants and related uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compati 4.3 DEVELOPMENT A. Principal structures Est I be -M* imuln of�wenty feet (20') from Golf Course District bound 4)pd` 'vale twenty-five feet (25') from all PUD botm¢lane; '77 r kt B. Accessory sttucfts i Il e s+ b k a t n ru o ten feet (10') from Golf Course District'boundaries and privatbrroadt; andf tnty feet (20') from all PUD boundaries and t �*,gidential tracts. ix C. Lighting facrliti be arranged in a irwhich will protect roadways and h, . residentialproproi `iu t..glara oflc rntcrference. s€w S;: D. Maximum height of structures—`. ", 1. Principal Structures - 2 stories for a maximum height of 20 feet. 2. Accessory Structures - I story for a maximum height of 15 feet. E. Minimum distance between principal structures - Ten feet (10' ). F. Parking for the community center/clubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking, provided the golf course and recreational facilities are private, otherwise, applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S. 41. 2/2W8 revision 4.2 Packet Pg. 293 24 _ a 9.A.1.c H. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 77,5 a -a a used. in whole or in 2= for-aftr Om the fbljoj8�. �! 1'� 4i. a!_ M!_!L. 1 � a • � !L-� 1 --1 � 1 � 1 11� 1 �a _ .�._t MeI TIM__ a : 1 i l��! • 1 1 ..1 �_iz� .1.� �1a !1 71, —I,.i III 1. 02 uIf Via:: a• i 1 `jNO 1� 1' Via. a• to c N 1 a•IN_ IJ :�• ..1tali •r , �, li ,Ia. t 1 Front vaeds shall be n=wnd m follows_ 4.3 2128/08 revision Packet Pg. 294 a. CustoMla accessory uses and structures including but not limited to: ii. Rearmfional facilities including but not limited to 2ggh and tennis + ..l_ structure and two guartem sma=ing ft ptincipal will -rot V. "diti-,iiTal drTsiv. b. 3 a VN 5� % rr� C) `£ 4.4 2J28M revision Packet Pg. 295 SECTION V PRESERVE "P" DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Amended Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Arm designated as Preserve on the Amended Master Plan are designed to accommodate a frill range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. - y 53 USES PERMITTED,"' No building or s»�, part' dic' of, ushall sle ah +ed or used, or land used, in whole or in part, fcr other than thfoe A. Principal ses .. �` .� .; z i. Boardwalks a Environmental uses (wetlands and conservation areas) iv. Flower beds V. Golf cart oaths vim" Pathways and/or bridger& vii. Handicap ramps viu. W estrian uses and trails * ix. Fitness trails and shelters * IL leg and nature trails xi. Qwn- space dram= ssystems (required for the ncrmitting of the Rmiect) xi. Parking lots (in SUM of any use within this section) Aiii. Sidewalks xiv. Underground drainage xv. Water Darks (fountains) 5.1 2128/08 revision Packet Pg. 296 OR; 4368 PG; 242 UL Lake (including structural bank treatments) xvii. Boat (non -motorized). kayak and canoe cocks xyUL Fishing piers ix. Guardhouses, gatehouses Ex: Passive parks, with passive recreational uses subject to this Wction, (Intended to be limited to the definition in the Land Development Codel Gazebos xxii. Picnic areas m9L wildlife sanctuary xxiv. Recreational shelters. in preserve upland areas only xxv. Drainage and water manayement facilities as may be required by SFWMD xxvi. Motorizcd devices required by phvsically impaired individuals- X)LYlis Restroom fa ilities * ... 8. Any ott ory use which is a in nature with the foregoing uses and we12nDirector determines to be compatibl. ��" t SA DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Bw6es " Q "' a ``_ Collier County Land Development Code, as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration, including accessory structures, fill placement, grading. plant alteration or removal, or similar activity shall be permitted within such setback without the prior written consent of the Development Services Director. In no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures - Twenty-five feet (25'). 5.2 2/28108 revision Packet Pg. 297 5.5 C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). E. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development C for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be vided in accordan pro c roy> a se"orth in any applicable permit granted by other agencies. The , v *M -Its . nor assigns, including the Master Property Owners' Assoeiso -,ghall be responsi6Ee or trol and maintenance of lands within the Preserve Dist� 5.3 212W8 revision Packet Pg. 298 - - OR; 436A PG201 9.A.1.c SECTION VI GENERAL DEVELOPMENT CONIIMIITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development , shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document 4= �ynA The Developer, his sucaes , "t' assignee, 't Amended toper ghee, shall -follow Master Plan and the regulations of the PUD 6;g pted, and any other conditions or modifications as may be agreed to in the rezotung 6Tropb*-.,ation, aty sn� or assignee in title, is bound by the commitments wrthinths+eement. 6.3 PUD MASTER PLAN — A. Exhibit "A;" ''the PUD-Master PIkK.1 illustrates the proposed development; a_4 is conceptual in n tue. �dsed tract, lot or land use boundaries o ial land use boundaries,construed to be specific and may be iustO,�durin the lawn tte development approval y g platting .. ` pment plan vat process. Subject°provisions `��"'.'.`. f the Land Development Code, PUD amendmenWjr time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. C. The following shall be considered minor changes and refinements, subject to the limitations of PUD, Section 6.3A: Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South 6.1 2/28/08 revision Packet Pg. 299 4368 PG; 2.42 9.A.1.c Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 4. Internal realignment of rights -of -way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar W'. MI. Marketing of commercial and residential sites and golf i re to begin in calendar year 2000, and are expected to.be.concluded in calen W10. B. Monitoring ..wannual.. g shall be submitted pursuant to the Collier Comity Development Code. C. The Coco 7a-. '4 6.5 POLLING PLACES Pursuant to geodes 2.6.3 . the future use of space within,, function of an electoral polling Provisions of Seetien ,Code, provision shall be made for the purpose of accommodating the An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, that such common .facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. 5 IN 14 R 191 I A. Sidewalks / bike paths shall conform with the LDC. Due to the environmental issues on this Project impacts are to be minimized. 6.2 2/28/08 revision Packet Pg. 300 UA+-4340-.-L-U_: 9.A.1.c 6.7 E. Private streets shall conform with the right-of-way width requirements of sub an .. of the Land Development Code IM except as follows: 1. Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum fifty foot (50') right -of --way width and two ten foot (10') wide travel lanes as required by the Land Development Code 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum of fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as requited by the Land Development Code . . 3. Tangents between reverse curves shall not be required under Subeeetien the Land Development Code. 4. Street grades may exceed four percent (4%) under SebseWen the Land Development Code provided that applicable Florida Departme on, Manual of Uniform Minimum 4 Standards { an ;(? criteria are met. S. ... Pursuant to the Land-evelooment Code. 6. 1Aw," stapdai N,1hat `street mue markets shall be approved by the Development Servtes ,,Director and conform with the Florida Department of Transoo�n[ on Manual on Uniform Traffic Co�trol De+nors v►�iaiver....wrements for street pavement Paiuh[t,th ce�e flt4main road system will be waif Traffic circulation sign age shall '� t`teconformance with Florida Depar t of Transportation ,ipral) '+ Administration Manual on Unifofic Control Devices=s !The minimum %ck1d ^lc6 -f6r internal roads shall be 30 feet with the exception of both enfrance road intersections which shall be 40 feet. TRANSPORTATION — For Additional IoforamUon, see Sett tent Agmmmt aid Rdease A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at Project accesses when deemed warranted by the County Engineer. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Project accesses prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. B. The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, East/West Livingston Road, and/or Wiggins Pass Road rights -of -way if such improvements conflict with or 6.3 2/28/08 revision Packet Pg. 301 OR; 4368 PG. 2427 9.A.1.c negatively impact public roadway, drainage, or utility facilities planned as part of future four-laning construction. C. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. D. The Developer shall provide additional right-of-way in fee simple title, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right -of waT and will not be subject to road impact fee credits. The final, �' design a*s for Collier County by Johnson Engineering, Inca'$ otshow required Aot-of-way for right turn lanes for this PUD, but the n: f-way shall generally be of a typical width of approximately 15 feet The right-0-way c'onveyarstrall our at the time requested by the County. `. E. The Developer shall piavloe 4 lb;4 of ;right-of-way in fee simple title, when a ir"Nng the P � 11 �� / ns Pass Road. Additional right-of-way is required in varying wrt#hs on the ni" side of Wiggins Pass Road as shown on t final four -lane desi-q plans VqOAned for Collier County by Johnson En Inc. Such required °right=ol way along Wiggins Pass Road .. . shall be dedi conveyed to Coll�C�*nty without consideration for impact fee credi c..ioadway, t and public utility improvements. The right-of-waycon At the time requested by the County. F. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD's north boundary for future East/West Livingston Road between Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the north of this PUD has dedicated 67.5 feet of right-of-way along its southern property line for the future East/West Livingston Road. 100 feet of right-of-way along the northern property line for future East/West Livingston Road shall be dedicated to the County. Such required right-of-way shall be dedicated and conveyed to Collier County for public roadway, drainage, and public utility improvements. Collier County shall compensate the Developer for the right-of- way based on professional land appraisals of the fair market value based on its value prior to approval of the PUD. The right-of-way conveyance shall occur at the time requested by the county. 6.4 2/28/08 revision Packet Pg. 302 G. The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project (this includes turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four -lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay all design and construction costs related to access for the Project. EL The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stormwater commitments from EasMest Livingston Road along the Project property line in the form �e q�Lttyl, Water quality will be handled within the 167.5' right -of- Y<Y L The Developer smell f design noise mitigation/abatement systems in accordance with the Collier C`otth %and Development Code. J. In the Pass I the Dr It Drive or Wiggins to Vanderbilt Drive, xiate turn lanes. 6.8 U The development of tl ' -¢-A PUD Master Plan shall be subject to and governed by the following conditions: �� A. Water distribution, sewage coition and transmission lines to serve the Project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on -site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During design of these facilities, the following features shall be incorporated into the distribution system: 6.5 2J29= revision -- — Packet Pg. 303 (lAs d-69 242 9.A.1.c 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. D. A water distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights - of -way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. E. All construction applicable, for the commencement of F. A sewer development by County and the fl of -way or withip shall be convt and main required by - operated and G. All constructi00 applicable, for the - commencement of 6.9 ENVIRONMENTAL Plans and technical specifications and proposed plats, if proposed water system roust be reviewed and approved prior to construction. tion system shall be cons tee Developer-pursuantto all Der g o eta "- Sewer facilities sl� Few e i lChts as,IVA � i# to toe County* `] ill °sew �� wnty to be located withi w wined by the Developef,. hi a� plaus and technical sewer system 6 rorratJ throughout the project requirements of Collier cted within platted rights - County Ordinance 97-17, for ownership, operation private property and not sements shall be owned, or successors. lions and proposed plats, if reviewed and approved prior to The development of this Arnendcd PUD Master Plan shall be subject to and govemed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. 6.6 2/28/08 revision Packet Pg. 304 Buffers and setbacks shall be in accordance with 3.18 .44.3.-ef the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservationtpreservations areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site planiconstruction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are ~observed on site, a Habitat Management Plan for those protected species shall be �ci�,to Planning Services Section staff for review and approval prior to final si"ti �J*consttuction plan approval. A Bald Eagle Management Plan and a Gopher To' toise Management Plan are required for this site. 6.10 ENGI, A. Detailed pagrading, site drainage andlutilityplans shall be submitted to Engineering Rei�r Services for review. No con`ltruction permits shall be issued unless and unti ` val of the proposed construction in accordance with the submitted plannted by the Engineering Review Services. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. C. The Developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with gi%4esen-3.5 Of the Lmd DeyWepmeat Gede Collier County Code of Laws and Ordinances and South Florida Water Management District Rules. 6.7 2 2M revision Packet Pg. 305 9.A.1.c 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to the Land Development Code, if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors storage and office facilities and the like, may be erected and utilized during the period of Project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.14 SIGNSLL A. All Coubty srgn i u(atigns shall apply sunless such regulations am in conflict with the co{iris set forth rrthis'°Section. B. Ford ;thptpose ofiira PtJD Doct/Gdnance, each platted parcel shad � lconsider ed a separate parcel of land and shall be entitled to signs as herein.` C. Should my o the signs be requester1ilatxd within the public rights - of -way, ai�4way permit must belied for and approved. D. All signs shall be located so not to cause sight distance problems. 2. Entrance Signs A Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private right-of-way to the uppermost portion of the sign structure. C. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. 6.8 2/28M revision Packet Pg. 306 3. 6.15 is _K •��. A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay PUD limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along the CR 901 frontage; one (1) shall be located along the Livingston Road Extension frontage, and one (1) shall be located along the CR 888 frontage. 3) All landscaping f4of ef4ho-Collier C0*0I application. 6.16 PROVISION FOR -,1 s may be li .M , vided all lights are shielded in a ch prevents ,which would impact the vision using the adjacc *Which or going into adjacent Development Code in REMOVAL OF x with the Division 2.4 time of building permit MATERIAL The excavation of earthen maul (,ate. its stockpiling in preparation of water management facilities or other waterbodies is hereby permitted subject to applicable sections of the 6ad Reyelepmet Go& Code of Laws and Ordinances. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation' pursuant to Oi-� the Code of Laws and Ordinances whereby off -site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of the Code of Laws and Ordinances said Division are applicable. M. 2%2M8 revision Packet Pg. 307 and Ae8 OBLIOWy0003 - ZV4 WOOZZOZld : OV89Z) 4uauaaGJBV 4UGLU01110S - 9 PV :4uauay0e44V Zdrr-and-Zrros 'ON 0►'Oti 0,=I ffll'tAIII � IMYUI'{R L0,h08 :'ON 103MYd bm" NM��++wKu� $'L'N 80-91-�it3!! H h N'� DSSTM�TA 37Y05 00-6Z-80 31Yt7 Sul �y G G Nvrd MAISVIN Qnd Ava 33miLVHoaoa jaauin3oQ ;uauid0!aAaQ ;!QII PaII[d papuacud ol «d„ ;!q!gxa ~ U U 2 ~ W W � ? Q 3 � � 2 U \ O aza O � O h U U O tY h 22, ~ 3 a3 C 00 0 M C! a_ Y a I OR: 4368 PG: 2 EXHIBIT B COCOHATCHEE BAY PUD AMENDED BALD EAGLE MANAGEMENT PLAN The foregoing Bald Eagle Management Plan has approved by, the U.S. Army Corp of Engineers Wildlife Service ("USFWS"), and the Florida Commission ("FFWCC"),I A. PROJECT DESCRIPTION been coordinated through, and ("USACE"), the U.S. Fish & Fish & Wildlife Conservation The applicant proposed to construct five high-rise condominiums (each 17 to 20 stories) , a social and fitness center, a golf driving range,3 tennis courts, guest cottages, parking areas, and storm -water -management facilities on a 111.3-acre project site. The appli with ;.. - u —ands. To eempameAe ling— I— bass faitiga6efl eFedits 3=7tZe f for unavoidable effects to bald eagles at nest C6-19� aid n w C �o icant p%epeses to shall purchase and preserve sutb11�tatMl�n.,retag bal_gi$in, or in the vicinity of, Collier County, iris u�thwest Florida. Th gcjdct si'4 located north of Wiggins Pass Marina in Serfs 8, 16, 17, and 2t,i'o'48 South, Range 25 East, Is Collier County, Flo ' 'Lv, B. TERMS AND CONI M6� i .;CIA In the event of project implementations, the entry road, stormwater pond, parking area, and golf club house areas will be cleared and constructed in the first non -nesting season (May 16 through September 30). Exterior construction of the golf club house would also occur in the first non - nesting season. 2. Land clearing and the initiation of construction of condominium number 1 also would be initiated in the non -nesting season (May 16 through September 30). However, construction of this 20-story building, which is 'This section is from the DESCRIPTION OF THE PROPOSED ACTION section in the U.S. Fish & Wildlife Service's Biological Opinion dated February 27, 2004, as amended on February 6 and February 27, 2007 z In accordance with the Cocohatchee Bay Development Standards, buildings #1, #2, #3, and #4 are 20- stories and building #5 is 17-stories. 3 Private practice area. Not open to the public. ` Biological Opinion dated February 27, 2004, Page 14, as amended on February 6 and February 27, 2007. Packet Pg. 309 OR: 4368 PG: 2435 9.A.1.c anticipated to take about 2 years to complete, would not be limited to the non -nesting season. The staging area for building number 1 would be at the future location of building number 3 (Figure 1). Site clearing for the staging areas would occur in the same non -nesting period. 3. In the second non -nesting season, construction of the remaining recreational facilities east of the access road (i.e., fitness facility, social facility, pool, cottages and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2-year construction phase for condominium number 1. 4. Land clearing and the initiation of construction of condominium number 2 likely would begin in the next non -nesting season, depending on economic conditions. The pad for condominium number 3 would again serve as the staging area for condominium number 2. The permittee agrees the construction sequence for - the- remaining condominiums would be buildings 3, 4 and 5 yv,, tie obstruction of these condominiums initiated only in,Ahe non nesting s �) (Figure 1). The construction start dates ofth9se condominiums lik would be in consecutive non - nesting se,*ons; %(� q ld be delayed based on'the economy. 5. The boarwa t CO-19A .wo d onl�i e op season aftei 'two l to air—, shown. 6. In the event1 ' d eagle pair r property own by Lodge Abbott similarly modify the eons441911 minimize the adverse effe+- i uf' *tubers 4 and 5 inside 660' of `d 'ble! uplands in the non -nesting IMpk,* t the revised location as urri§"W' C0-19 or builds other nests on ,ssogga'tes, LLC, the permittee agrees to sequence on the remaining buildings to project on nesting bald eagles. 7. The permittee has proposed to preserve an off -site bald eagle nesting territory as compensation for unavoidable effects to eagle nest CO-19A. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. The permittee will use best efforts to locate and secure a territory in Collier County, but reserves the right to search elsewhere if an acceptable contract cannot be secured in Collier County. C. ADDITIONAL TERMS AND CONDITIONS' 5 Amended Biological Opinion dated June 30, 2004 pursuant to a request for letter of technical assistance from Collier County. Page 4-5, as amended and / or re -stated in the February 6 and 27, 2007 Biological Opinion. Packet Pg. 310 OR: 4368 PG: 243� 9.A.1.c The USACE has requested the USFWS to modify the February 17, 2004 biological opinion for the Cocohatchee development based on modifications to the project proposed by the applicant. The USFWS has reviewed the proposed project modifications and notes that they will result in the addition of the following two (2) items to the Terms and Conditions Section of the biological opinion: 1. The construction of condominiums numbers 2 and 3 can be initiated only during the non -nesting season (May 16 through September 30) (no earlier than 2008). However, once initiated, construction activities can carry over through the nesting season until the construction of each condominium is completed. 2. The applicant has agreed to purchase and preserve an offsite bald eagle nesting territory prior to the initiation of construction activities for the project. Securing a territ -may-be in the form of fee simple title or a conservation easeto __. gra� to an acceptable third party. The territory must in�e sufficient ar'�commodate alternate nest trees in the event that,,4ie primary nest tree i '(ost: The applicant will use best efforts to locato"'ati7 secure a. re , toffy in 'Collier County, but reserves the right to search elsewhe if acc�itable ontract cannot be secured in Collier CQunt ttel seWfibn ; .. 4101lows: kan.,�� i) Preferw �l be gib io "se ectio�% dna d el that presently supports active nest y bald eagles, but a parcel tl ' pports suitable habitat for attracting Supporting nestmgbald` es may also be considered acceptable. r ii) Preference will be-gteri, but of limited to, selection of a parcel of suitable habitat that has been selected and ranked as a conservation priority for preservation by agency process. iii) Proximity to other conservation lands being managed or identified for preservation and management, proximity to foraging areas, size, cover types, and presence of other species of conservation concern will be considered for selection of a parcel of suitable habitat for nesting bald eagles. D. CONSERVATION MEASURE6 Provided the necessary federal, state and local permits are obtained, the applicant will construct a 50- to 60-foot artificial nest tree on a salt flat approximately 5,000 feet northwest of the existing nest tree CO-19. The applicant shall utilize diligent efforts to attempt to obtain the necessary federal, state and local permits. The e Biological Opinion dated February 27, 2004, page 15 Packet Pg. 311 OR; 4368 PG; 2437 9.A.1.c purpose of the artificial nest tree is to ascertain if eagles that are utilizing nest CO- 19 will relocate to the adjacent artificial tree. This specific location was chosen because it is within the territory of the eagles that nest at CO-19, farther than 1,000 feet from the proposed condominium construction area, well buffered from other potential conflicting land uses, and will minimize disturbance to wetland resources. The geotechnical engineer (ASC Geoservices, Incorporated) suggest that actual fill for the base structure in the salt flat wetland will be limited to a 25- square foot area, and can be pile driven by a crane from a floating barge. Water depths are adequate to reach the site, and representatives of the South Florida Water Management District will accompany the contractor during barging and tree installation to ensure that environmental damage will be minimized. The artificial nest tree will use technology developed for monopole cell towers with artificial bark, limbs and needles matching that of a mature slash pine with a crotch configuration suitable for construction of a nest by bald eagles. The tree will be designed to withstand 140 mph winds, be lightning proof and constructed of non -toxic materials. Exam lesof thisxechnolo can be found at manufacturer ?. gY websites such as www,1iti:�ker{;r www.utilitycamo.com. The applicant also propose"` t��stall aM video` 6 in the nest tree to provide the residents of Cocohat6hee °Bay and other interes &parties with an opportunity to monitor eagle nesting esign's� of* base, the nest tree, and the camera will be submitted t4he.. Service_ Any revision by "e'U.S. Army Corp dt Engi eery' 1`SACE), the U.S. Fish & Wildlife Service NEWS), and the FJ0 Fis ,& Wildlife Conservation Commission (FFWC�� at may cause revlsib � t above described terms and conditions will not re'ui urrher amendraerit �f the Cocohatchee PUD or this Bald Eagle Management 'la :� s l o t164rfnt eagle pair or a second eagle pair build a new nest withlri' tau boundary, any revisions to the above described terms and conditions required by the agencies listed above shall not require an amendment to this Bald Eagle Management Plan. The applicant shall notify the County in writing of any revisions to the above described terms and conditions approved by the agencies listed above and such revisions shall automatically become part of this Bald Eagle Management Plan and no further action to amend this Bald Eagle Management Plan shall be required. F. PHASING PLAN In accordance with B & C above, a phasing diagram has been included for reference. See Attachment 1. G. REASONABLE AND PRUDENT MEASURES ' From Biological Opinion dated February 27, 2004, pages 13-14 Packet Pg. 312 OR; 4368 PG; 24� 9.A.1.c 1. For the duration of the project, the applicant must take all necessary steps to minimize the potential for incidental take of bald eagles during each nesting season. During the construction of the project, the applicant must make reasonable effort to prolong the integrity of the bald eagle nest tree, the nest, and the surrounding habitat. 2. Upon the onset of the nesting season each year of construction (October 1), the applicant must initiate monitoring according to Service draft monitoring guidelines, to detect the presence of bald eagles on the project site and, if present, any abnormal bald eagle behavior, since site work and building construction within the primary zone is proposed to occur during the nesting season. This monitoring consists of 4 hours per morning, for 3 days per week while construction is occurring. Packet Pg. 313 nn. Al[A nn. 1AIA and ABS 00404e40003 - Z WOOZZOZld : OV85Z) IUOWBBJBV WOW81448S - 8 llV :;u8WLl3BllV r Q FO 3 r r � ¢ r W O Q 0 N v� o 0 -------------- s (yE ) (� b '�0� ��.• I I t' � I l i � ) � i I I Cd ,♦a a ��__? ��i , //a ) / ail! . ii:/ E E�') ) ,i?�I Otig ? f / �' . '`J,,:�. ,:•:: �_•:: . .. .. .. ... . .. E.E: E�l�:i !_ is i.: i , 1 U jig, jE y y\ r l W I,.t/10. G Attachment Ito BEMP 6 and Aeq OBLIOWL10303 - ZV 4 WOOZZOUld : OV89Z) 4UGLUGGJBV 4UGLU01110S - 9 PV :4uGLut4Oe44V LO T— ... . .... . ..... .. .. .... .. ........ . . . . ........... .. ............. .... ... 'a H ,11 0:3, .110 1.1gillyl as ruva T 31R.W.NVAL Avo 33H3ILVHO.30:) ..... .. .. ............ asuajaH pue juaumai.3V juamplaS of C llqlqx-q cr Q IOU MIO 41 �6� . . . . . . . . . . .. A -*- rl KD A if ..... .. .... .. .......... . ...... .. ......... . - ...... . ....... - ......... . . oAua 1AH-09-M-c' . . ........ . . .. ... ..... . - a. UK :Dd 890 *-uo *** OR; 4368 PG; 244 41 . l N 0 W' ,E Q S e+ NORTHERN PUD FRONTAL£ ALONG WESTERN VANDERBlLTR R/W - 2017 L.F. , :.� (10' WIDE SIDEWALK TO i f -+ — PROPOSED SIDEWALK (10' WIDE MULTI -USE ASPHALT) \In SOUTHERN PUD FRONTAGE ALONG WESTERN VANDERBILT DR. R W - 1,692 L.F. +/- 10' WIDE SIDEWALK TO BE CONSTRUCTED/REPLACED) Exhibit 4 to Settlement Agreement and Release ewn we �� anasse Uda ryM" TIAE Eq-*MY anus rM na M KINSALE CON" R f»innmembfStuu ,f z°•�:` t,ocohetchee Pa -Me% Ltd 803 tower Oak er;.e, w fe 300 1COCOHAICFIEE MY P.UDJ giaa7—SW09 aylor lot 41m f,,,,1/ PW R/W FRMAGE awe1T ...,r. RlN .73+�r71Hi.)n��rKu + ...�•,. aou m f, • low' r_ro o: Sheet No. 1 of .r Q I Packet Pg. 316 I COCOHATCHEE BAY PUDA 9.A.1.d (PL-20220001142) PRE -APPLICATION MEETING NOTES Packet Pg. 317 Cn*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Assigned Planner: Pre -Application Meeting Notes Petition Type: Pi]DA Date and Time: Wednesday 3/9/22 at 1 : 30PM Gabriela Castro Engineering Manager (for PPUs and FP's): Project Information Project Name: Kalea Bay (PUDA) Pi.#: 20220001142 155920006 Property ID #: 1.56120009 Current Zoning: Cocohatchee Bay PUD Project Address: Old Coast Rd. City: Naples State; FL Zip, 34110 Applicant: Caren Bishop, PMS Inc. of Naples Agent Name: Karen Bishop Phone: 239-825-7230 Agent/Firm Address: 3155 54th Terrace SW City: Naples State: FL Zip: PropertyOwner: Lodge Abbott Associates LLC Please provide the following, if applicable: L Total Acreage: ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: Iv. For Amendments, indicate the original petition number: V. vi. 34116 If there is an Ordinance or Resolution associated with this project, please indicate the type and number: If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page I 1 of 5 Packet Pg. 318 i Crag er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 IL www.co.11iercountyfl.go►r (239) 252-2400 m d m Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, acid your associated c Application is included in your notes, additionally a *new Property Ownership Disclosure v Form is required for all applications. A copy of this new form is included in your pre-app Note -link is https://www.co[liercountyfl.gov/Home/ShowDocument?id=75093 0 CD -� N J CD C J d TIrceV t At_ t,yAotLV w - If Site Is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, If the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMlddleton(a)naolesgoy_Com Allyson Holland AMHolland(EDnaalesaov.com Robin Singer RSinger _naolesaov.com Erica Martin emartinftnaolesgov.com £disclaimer., information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what Is needed. It is the applicant's responsibility to provide all required data. T r Q Updated 1/12/2021 Page 1 2 of 5 Packet Pg. 319 Pr CAU my COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 WWW.ColliercountVfl.gov (239) 252-2400 Meeting Notes Pie MyiviToeL,.wt, --./g-4��G �Rr�� Afir�e�a0 �rx�ii �' rUrri--�S B. i . r" 3 i3 . fN V r r%u + -'T-4 t. — C?'tnl G &" Ig g- *- I L' XXT—'- — `lam 6 .P- 3 e , 0,u Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 Packet Pg. 320771 9.A.1.d ThomasClarkeVEN From: HansenRachel Sent: Wednesday, March 09, 2022 11:55 AM To: CastroGabriela Cc. ThomasClarkeVEN Subject: Kalea Bay (PUDA) - PL202Z0001142 pre-app notes Hi Gaby, Here are my notes for the pre-app this afternoon. The applicant can feel free to reach out with any questions. Subject property is within the Urban Residential Subdistrict and within the Coastal High Hazard Area per the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Based on the lack of change to the overall density of the PUD (1.1 units per acre), there are no apparent GMP consistency issues. Thanks! Rachel Hansen Senior Planner Planning & Zoning Division Rachel.. Hansen(d1colliercountd.aov 2800 N. Horseshoe Drive, Naples, FL 34104 Phone: (239) 252-1442 GOIeT COZ4Vlty "Tell us how we are doing by taking ourloning Division Survey at hit► 1Jgoo.gl/eXmVgT," Information contained in this email is subject to verification by the Zoning Manager and/or Planning Director; if this information is being used as a basis for the purchase/lease of a property or as a guide for the design of a project, it is recommended that a Zoning Verification Letter or Zoning Certificate. Application is submitted to zoning services. Applications for a Zoning Verification Letter can be found here: hnttps:J/www.colliemountyfl,gov/home/showdoc ment?id=69624 Zoning Certificate applications can be found here: httos://www.colliercountvfl.eov/your-government/divisions-f-r/operations- reulato -mana ement zonin -or-land-use-a ppI!cation zonin -other-land-use-a pp Iicat ions Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 321 9.A.1.d ThomasClarkeVEN From: CastroGabriela Sent: Wednesday, March 09, 2022 2:28 PM To: ThomasClarkeVEN Subject: FW: Pre -Application Meeting PL20220001142 - Kalea Bay (PUDA) Attachments: Transportation-PUD monitoring pre app handout 2020_docx From: BeardLaurie <Laurie.Beard@coiliercountyfl.gov> Sent: Wednesday, March 09, 2022 1:57 PM To: CastroGabriela <Gabriela.Castro@colliercountyfl.gov> Subject: Pre -Application Meeting PL20220001142 - Kalea Bay (PUDA) PUD Monitoring Pre-app notes attached. Laurie Beard j Project Manager Please note new address. I PUD Monitoring, GMD I 2800 N. Horseshoe Drive 1 Naples, FL 34104 Laurie.Beardaa CollierCountvF_L-gov Phone: (239)-252-5782 or V SINCE w Under Plorida Law, e-mail addresses are public records. It you do nol want your e-mall address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. �a m aD m t t 0 U 0 t� N 0 0 0 N N 0 N J ♦2 0 le 00 Ln i c, 3 Packet Pg. 322 PUD Monitoring Pre-App Notes Developer Commitments: PUD Monitoring "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. 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 County Attorney. After 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 Entity. 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 CPUD 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 Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." 4& • .5 R ,� Packet Pg. 323 ThomasClarkeVEN From: BrownCraig Sent: Thursday, March 10, 2022 12:24 PM To: ThomasClarkeVEN Subject: RE: Pre-App RESEARCH for Kaiea Bay (PUDA) - PL20220001142 Thomas, Here are my notes. Please provide the revised changes to the Bald Eagle Management Plan for ES staff to review (With necessary exhibits). Please provide any written correspondence from FW5/or FWCC if obtained. Thank you Thomas Let me know if you have any questions. Al F-1--IL, Craig Brown Senior Environmental Specialist Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: ThomasClarkeVEN ¢Thomas,Clarke@colliercountyfl.gov> Sent: Monday, March 7, 2022 4:41 PM To: AshtonHeidi <Heidi.Ashton@col liercountyfl.gov>; Beard Laurie <Laurie.Beard@coiliercountyfl.gov>; BrownCraig <Craig.Brown @col liercountyfl.gov>; Cook3aime<laime.Cook@colliercountyfl.gov>; CratteauKathynell <Kathynell.Crotteau@colliercountyfl,gov>; Pe"Derek < Derek.Perry@colliercountyfl.gov>; OrtmanEric <Fric.Ortman@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@ colliercountyfl.gov>; FeyEric <Eric.Fey@colliercountyfl.gov>; ImpactFees<ImpactFees@colliercountyfl.gov>; MoscaMichele <Michele.Mosca@colliercountyfl.gov>; orthRichard <Richard.Orth@coiliercountyfl.gov>; KlopfParker <Parker.Klopf@coil iercountyfl.gov>; AshkarSally<Saliy.Ashkar@colliercountyfi.gov>; 5awyerMichael aMichael.Sawyer@colliercountyfl,gov>; TempletonMark {Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> Cc: CastroGabriela <Gabriela.Castro@colliercountyfl.gov>; HansenRachel aRachel.Hansen@colliercountyfl.gov> Subject: Pre-App RESEARCH for Kalea Bay (PUDA) - PL20220001142 Good Afternoon All, Please review the attached Zoning Pre-App Research for Kalea Bay (PUDA) - PL20220001142. The virtual meeting is Wednesday 19 22 at 1 30 PM-SKYPE/Bridge Call ?,4 C_.) --e- 3.0. Packet Pg. 324 ThomasClarkeVEN From: TempletonMark Sent: Wednesday, March 09, 2022 2:27 PM To: ThomasClarkeVEN Subject: RE: Pre-App RESEARCH for Kalea Bay (PUDA) - PL20220001142 Hi Thomas, Below Is my comment for this one: Landscape, If updated Master Plan is required, label the LBE's. Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review Collier_ County Development Review Division Exceeding Expectations. Every Dayl NOTE: Email Address Has Changed 2000 Nw1h Horseshoe Drive, Naples Florida 34104 Phone: 239,252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval of'any permit, plan, project, or deviation from the Land Development Code. From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Monday, March 7, 2022 4.41 PM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beardl-aurie <Laurie.Beard@colliercountyfl.gov>; BrownCraig <Craig.Brown @coiliercountyfl.gov>; CooWalme <Jaime.Cook@coliiercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov>; OrtmanEric <Eric.Ortman@coil iercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FeyENc <Eric,Fey@colliercountyfl.gov>; ImpactFees <ImpactFees@colliercountyfl.gov>; MoscaMicheie <Michele.Mosca@colliercountyfl.gov>; OrthRichard <Richard.Orth@cailiercountyfl.gov>; KlopfParker <Parker.Klopf@colliercountyfl.gov>; AshkarSally <Sally.Ashkar@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; TempletonMark <Mark.Templeton@coiliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> Cc: CastroGabriela <Gabriela.Castro@ collie rcountyfl.gov>; HansenRachel <Rachel.Hansen@colliercountyfl.gov> Subject: Pre-App RESEARCH for Kalea Bay (PUDA) - PL20220001142 Good Afternoon All, Ti� 6, '3 . Packet Pg. 325 9.A.1.d TlltomasClarkeVEN From: SawyerMichael Sent: Wednesday, March 09, 2022 2:01 PM To: ThomasClarkeVEN; CastroGabriela Subject: Pre app Kalea Bay PUQA Thomas, Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: Methodology meeting by email required and provide note on TIS cover sheet that fee will be collected at time of PUD submittal. Address all transportation elements of the GMP. Respectfully, miel>lael st1«vver Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.saw er colliercoun fl, ov Under Florida Law, a -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ,> 3 A Packet Pg. 326 Coder Cout.ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercount I. ov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 202200001142 Collier County Contact Information - Name Review Discipline Phone Email ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@rolliercountyfl.gov ❑ Shar A.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org ❑ Ray Bellows Zoning, Planning Manager 252-2463 ra mond.bellows@colliercountyfLgov 2/ Laurie Beard PUD Monitoring 252-5782 laurie.beard@collie rcountyfl. ov P"' Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov Pr Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercount fl.gov Thomas Clarke Zoning Operations Analyst 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov C7 Gabriela Castro Zoning Principal Planner 252-4211 gabriela.castro@colliercountyfl.gov ❑ Maggie DeMeo North Collier Fire 252-2308 demeo@northcollierfire.com ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercounty-fl.gov ❑ Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@colliercount I. ov ❑ Sue Faulkner GMP -Comprehensive Planning 252-571S sue.faulkner@collie rcount fl. ov 71 Michael Gibbons Structural/Residential Plan Review 252-2426 michael.izibbon-s@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm._gewirtz@colliercountyfl.gov Le"Cormac Giblin, AICP Development Review -Planning Manager 252-5095 CormacZiblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nanc .gundiach@colllercountyfl. ov LI Rachel Hansen GMP — Comprehensive Planning 252-1142 Rachel.hansen@colliercotintyfl.gov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard.henderiong@colliercountyfl.gov Cl John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@coil iercount fL. ov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphr-ies@colliercountyfl.gov ❑ Anita Jenkins Planning & Zoning director 252-5095 Anita.jenkins@colliercount fl, ov ❑ John Kelly Zoning Senior Planner 252-5719 'ohn.kelly@colliercountyfl_ ov 1_1 Parker Klo f GMP —Comprehensive Plannin 252-2471 Parker.klopf@colliercountyfl.gov ❑ Troy Komarowskl North Collier Fire 252-2S21 tkomarowski@northcollierfire.com 1� Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com Diane Lynch Operations Analst 252-8243 diane.l nch @coil iercountyfl, ov Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov 1.1 Jack McKenna, P-E. Engineering Services 252-2911 jack. mckenna@coiliercountyfLgov LJpPa#eCA/12?P2N1"ri Am— "' Page 1 4 of 5 Packet Pg. 327 Cofer C014nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercoiuntyf1.sav (234) 252-2400 I 1 Matt Mclean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov LJ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov IrT Richard Orth 5tormwater Planning 252-5092 rich ard.orth@coIIiercountyfl. ov {Eric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl. ov Derek Perry Assisti)nt County Attorney 252-8066 Derek.perr-y@colIiercountytl.gov ❑ Brand! Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P E. Development Review Principal Project Manager 252-2905 brett.rosenblum@cclliercounlyfl.gov James Sabo, AICP GMP, Comp Planning Manager 252-2708 -ames.sabo@colliercount I, ov Michael 5a er Transportation Planning 252-2926 michaelsawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corb .schmidt@colliercount fl. ov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-S523 peter.-shawinsky@collierrountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.waish@colliercountyfLgov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilk-ie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.witioughby@colliercountyfl.gov l"Daniel 7unzune ui North Collier Fire 252-2310 Dan iel.Zunzunegui@collie rcount fl. ov C4frf es,/ Additional ttendee Contact Information: Name Representing Phone Emaill .G 4i ✓ u t iv C a4 l� "'k ic&" C IF + : m 4i1L+L uL tcf+r e IFrvwr�. M1roti- Updated 1/12/2021 Page 1 5 of 5 Packet Pg. i 8 O 7CV C014nty Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance rf desired. PL20220001142 — KaIea Bay WILIDAII Planner: Gabriela Castro Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request: Karen Bishop, PM5 Inc. of Naples karenbisho msna les.com 239-825-7230 * Agent to list for PL# Karen Bishop, PM5 Inc. of Naples + owner of property (all owners for all parcels) Lodge Abbott Associates LLC + Confirm Purpose of Pre-App: (Rezone, etc.) Amend the Existing PUD 2000-88 • Please list the density request: N/A Details about Project. The project proposes to: * remove the: single-family units on the goircourse 0 add the; criteria tier a Fire Station located along, US41, show iocation on master plan • add 10 units (which does not affect the density per acre) 0 add three additional floors to building 5 • adjust the project access indicators on the master plan • update the Bald Eagle management plan REQUIRED Supplemental Information provided by: Name: Title: Email: Phone: Cancellation/Reschedule Requests: Contact Connie Thomas -Client Services Supervisor Consuela.Thomas coiliercount fl, ov Phone: 239-252-2473 Created April 5. 2027 Location: G:ICDES Planning Servlces\Current\Zoning Staff Information Zoning I)Msion - 28M Noith Homshoe Mve - Miks. Florida 34104.230-252 2400 • www.cdiergwnet Packet Pg. 329 ?/ 44,1 ;, D n,c. 06 1AJ4 Lis Project Management Services Pre -application request summary Kalea Bay PUD Amendment Ord. # 2000-88 PUD Property Parcel Numbers: • Parcel 00142240003 • Parcel 00154680004 + Parcel 00155884207 + Parcel 00155920006 * Parcel 00156120009 • Parcel 00156400004 + Parcel10 00156680002 The project proposes to: • remove the single-family units on the golf course • add the criteria for a Fire Station located along US41, show location on master plan • add 10 units (which does not affect the density per acre) + add three additional floors to building 5 • adjust the project access indicators on the master plan — — lanagement plan aples, FL 34116 / (239) 925-72301 Fax (239) 234-6096 JF,mail: karenbishopC@,pynsnaples.com m m t 0 U 0 U N 0 0 0 N N O N J a. 0 le 00 Ln N Packet Pg. 330 9.A.1.d Cn*ier county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercaunty,&ov (239) 252-2400 FAX: (239) 252-6358 Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. I of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document Is available online at http://www.colliercountyfl,gov/Home/ShowDocument?jd=76983. REQUIREMENTS Cover Letter with Narrative Statement including a detailed description of why amendment is necessary Completed Application with required attachments (download latest version) Pre -application meeting notes Affidavit of Authorization signed and notarized Property Ownership Disclosure Form Notarized and completed Covenant of Unified Control Completed Addressine Checklist Warranty Deed(s) C# OF 1 1 1 1 1 1 REQUIRED Z REQUIRED ❑ ❑ 1 List Identifying Owner and all parties of corporation 1 ❑ Signed and sealed Boundary Survey 1 ❑ ❑ Architectural Rendering of proposed structures 7 ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included 1 ❑ ❑ on aerial. Statement of Utility Provisions 1 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 Z ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with ❑ ❑ ❑ project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. S.Q .a, ❑ ❑ Traffic Impact Study � c'�<�1i;�r�,�T7i��, PrrdS�,;r ,,U 1 ❑ Historical Survey 1 School Impact Analysis Application, if applicable 1 Electronic copy of all required documents Y ❑ Completed Exhibits A-F (see below for additional information)* ❑ ❑ List of requested deviations from the LDC with justification for each (this ❑ document is separate from Exhibit E) El ❑ Checklist continues on next pace March 4, 2020 Page 9 of 11 Packet Pg. 331 1 9.A.1.d Co*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.wlliercounty.gov (239) Z52-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8'/:" x 11" copy Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD , ,/ ❑ Revised PUD document with changes crossed thru & underlined 1 Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement *The following exhibits are to be completed on a separate document and attached to the application packet; L1 Exhibit A: list of Permitted Uses El Exhibit B: Development Standards CI Exhibit C: Master Plan- See Chapter 3 E.1. of the Administrative Code ❑ Exhibit D: Legal Description ❑ Exhibit E: List of Requested LDC Deviations and justification for each ❑ Exhibit F: List of Development Commitments If located in RFMU Rural Fringe Mixed Use R eceiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b. )i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLAN , ERS — INDICATE IF THE PETITION NEFDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components). Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson Utilities Engineering: 64e_ey:14,vJvdFe Parks and Recreation: Barry Williams Director Emer ency Management; Dan Summers Immoka lee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: [��b►` ti(n ' ether: City of Naples Utilities I ASSOCIATED FEES FOR APPLICATION I F Pre -Application Meeting: $500.00 PO ❑ PUD Rezone. $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250,00 ❑ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 F1 Listed or Protected Species Review (when an EIS is not required): $1,000.00 l' Transportation Review Fees: .�rf7f,u A4 Loc-1 a Y 02,uh o Methodology Review. $500.00 *Additional fees to be determined at Methodology Meeting. a Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 332 1 9.A.1.d co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliertount . ov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Legalvertising Fees: CCPC. $1,125.00 o/BCC: $500.00 :1 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5eh and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party March 4, 2020 Date Page 11 of 11 Packet Pg. 333 11 COCOHATCHEE BAY PUDA 9.A.1.d (PL-20220001142) PUDA APPLICATION Packet Pg. 334 9.A.1.d Co tier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercou nty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code F Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT" CONTACT INFORMATION Name of Property Owner(s): Lodge Abbott Assoc., LLC & Lodge Abbott Investments Assoc., LLC Name of Applicant if different than owner: c/o Karen Bishop/PMS Inc. of Naples Address: 3125 54th Terrace SW City: Naples state: Florida ZIP: 34116 Telephone: 239-825-7230 _Cell: N/A Fax: N/A E-Mail Address: karenbishop@pmsnaples.com Name of Agent: Robert J. Where, FAICP, President/CEO* Firm: Hole Montes, Inc. Address: 950 Encore Way Telephone.239-254-2000 Cell: city: Naples N/A E-Mail Address: bobmulhere@hmeng.com State: FL Zip: 34110 Fax: 239-254-2099 Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. *Name of Agent: Richard D. Yovanovich, Esq. Firm: Coleman, Yovanovich & Koester, P.A. Address: 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 Phone/Fax:239-435-3535,239-435-1218 Email:ryovanovich@cyklawfirm.com March 4, 2020 Page 1 of 11 Packet Pg. 335 9.A.1.d Collier county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercou nty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: Pup Zoning district(s) to the PUD zoning district(s). Present Use of the Property: Residential Proposed Use (or range of uses) of the property: _ Original PUD Name: Cocohatchee Bay PUD Ordinance No.: Ord. No. 00-88 Residential PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 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; and • 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:8/48s 25E Lot: Block: Subdivision: Metes & Bounds Description: See Legal Description Plat Book: Page #: Property I.D. Number: 00142240003, 00154680004, 00155884207* Size of Property: ft. x _ ft. = Total Sq. Ft. Acres: 532.09± Address/ General Location of Subject Property: Both sides of Vanderbilt Drive, north of Wiggins Pass Rd, with preserve tract south of Wiggins Pass Rd, on the west side of Vanderbilt Dr. *00155920006, 00156120009, 00156400004, 00156680002 PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial ❑■ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: March 4, 2020 ❑ Industrial Page 2 of 11 Packet Pg. 336 9.A.1.d CAer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.col I iercou nty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N PUD - Arbor Trace Residential S PUD - The Dunes Residential E PUD - Tarpon Cove Residential W I A-ST Delenor Wiggins State Park / Barefoot Beach County Park If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: f� Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: ASSOCIATIONS SEE ATTACHED LIST Required: List all registered Home Owner 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://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: March 4, 2020 City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: Page 3 of 11 Packet Pg. 337 9.A.1.d Aqua at Pelican Isle Condominium Association, Inc. 13675 Vanderbilt Drive Naples, FL 34110 Arbor Trace Condominium Association, Inc. 1000 Arbor Lake Drive Naples, FL 34110 The Cayman at Tarpon Cove Neighborhood Association, Inc. c/o DB Community Resources, Inc. PO Box 2427 Bonita Springs, FL 34133 Eden on the Bay Homeowners' Association, Inc. c/o John C. Joanides CPA, PA 7345 Davis Blvd., Suite 2 Naples, FL 34104 Falling Waters Master Association, Inc. c/o Cambridge Management 9001 Highland Woods Blvd, Ste. 2 Bonita Springs, FL 34135 Glen Eden Homeowners' Association, Inc, C/o Meldon Consultants 4949 Tamiami Trail North #201 Naples, FL 34103 Marina Bay Club of Naples Condominium Association, Inc. 9150 Galleria Court, Suite 201 Naples, FL 34109 Tarpon Cove Community Association, Inc. c/o DB Community Resources, Inc. PO Box 2427 Bonita Springs, FL 34133 Wiggins Bay Villas Condominium Association, Inc. 6704 Lone Oak Blvd. Naples, FL 34109 Wiggins Bay Dock Owners Association, Inc. c/o Gulf View Prop. Mgmt. 2335 91h Street #505 Naples, FL 34103 Packet Pg. 338 9.A.1.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov C0' der County EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to I.DC subsections 10.02,13 B, 10.02.08 F and Chapter 3 G. of the Administrative 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. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. See attached Evaluation Criteria a. 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. b. 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. C. 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.) d. 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. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. 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. 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, March 4, 2020 Page 4 of 11 Packet Pg. 339 9.A.1.d Co 'reT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 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. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06, Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their 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, F5. 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. LDC subsection 10.02.08 D This application will be considered `open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. March 4, 2020 Page 5 of 11 Packet Pg. 340 9.A.1.d Coae� ><er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Lodge Abbott Assoc., LLC & Lodge Abbott Investments Assoc., LLC c/o PMS Inc. of Naples Address: 3125 54th Terrace SW Telephone: 239-825-7230 Cell: N/A City: Naples State: FL -ZIP: 34116 Fax: N/A E-Mail Address: karenbishop@pmsnaples.com Address of Subject Property (If available): City: Naples state: FL ZIP:34110 PROPERTY INFORMATION Section/Township/Range: 8 48S 25E Lot: Block: Subdivision: Metes & Bounds Description: See Legal Description Plat Book: Page #: Property I.D. Number: 00142240003, 00154680004, 00155884207' TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: *00155920006, 00156120009, 00156400004, 00156690002 a. County Utility System b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. SeDtiC Svstem n TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a, County Utility System b. City Utility System C. Franchised Utility System d. Private System (Well) FJ ❑ Provide Name: Total Population to be Served: 10 Additional Residential Units Peak and Average Daily Demands: A. Water -Peak: 4.550 GPD Average Daily: 3,500 GPD B. Sewer -Peak: 7.6 GPM Average Daily: 2,500 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: March 4, 2020 Page 6 of 11 Packet Pg. 341 9.A.1.d Corer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coll iercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal, If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. March 4, 2020 Page 7 of 11 Packet Pg. 342 COIL County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www, coil Iq rcoun ty.gov 2800 NORTH HORSESHOE DRiVE: NAPLES, FLORIDA 34104 (239) 252-Z400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL. The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as FOLIO Os; 40j4224000$, 00155920006, 00166120009, 40156400004 6 oeltseaaooz _ (Street address and City, State and Zip Code) and legally descrlbed In ExhfbltA attached hereto. The property described herein Is the subject of an application for auoA planned unit development ( PUA) zoning. We hereby designate _ _ KAREN alsHOII legal representative thereof, as the legal representatives of the property and as such, these Individuals are authorized to legally bind all owners of the property In the course of seeking the necessary approvals to develop, This authority includes, but is not limited to, the hiring and authorization of agents to assist In the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control Is delivered to Collier County, The undersigned recognize the following and will be guided accordingly In the pursuit of development of the project: I- The property will be developed and used in conformity with the approved master plan Including all conditions placed on the development and all cornmltments agreed to by the applicant In connection with the planned unit development rezoning, 2. The legal representative Identified herein Is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, every If the property Is subsequently sold In whole or In part, unless and until a new or amended covenant of unlfled control Is delivered to and recorded by Collier County. 3. A departure from the provisions of the Approved plans or a failure to comply with any requirements, conditions, or safeguards provided for In the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be Incorporated Into covenants and rest ricti ons 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 terns, 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. owner Owner l tiara ":7y'tjA�Uoot Printed Name rDWAR4 L. SCHWARTZ, MGR Printed Name LMGE ABBOTT ASSOCIATES, LLC STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Wlyslcal resence or oniin Lnotarizatlon this, day of 20�by (printed frame of owner or qual€fier) Such persons) No ary Public must Check applicable box: re personally kn wn to me Has produced current rivers lice se _ ©Has produce as Identification. .JACRS4N Notary Sign a COMMIs$10n# GG 222924 �s� = Expires July 11 2022 Marcln4,242D °,,.',`.°�'' 00nddd7€mTrayFainfn �gq�pg6$1 19 Packet Pg. 343 9.A.1.d I C0 lY County COLLIER COLINTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colIle rcount , ov 2800 NORTH HORSESHOE DRiVE NAPLES, FLORIDA 34104 (239) 252-2400 FAH: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee slmple titleholders and ownees of record of property commonly known as FOLIO fls:00154600004 AND 00155004207 (Street address and City, State and Zip Code) and legally described In ExhibltA attached hereto. The property described herein Is the subject of an application for PUDA planned unit development (_POD) _ POD) zoning. We hereby designate KARENRISHOP legal representative thereof, as the legal representatives of the property and as such, these Individuals are authorized to legally bind ail 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 repmsentativeswill remain the only entity to authorize development activity on the property until such time as a now or amended covenant of unified control Is delivered to Collier County. The undersigned recognize the following and will be guided accordingly In the pursult of development of the project: 1. The property will he developed and used In conformity with the approved master plan Including all conditions placed on the development and all commitments agreed to by the appllcant In connection with the planned unit development rezoning. 2. The legal representative Identified herein Is responsible for compliance with ail 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 unlfled control Is delivered to and recorded by Collier County, 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safoguards provided for In the planned unit development process will constitute avlolation of the Land Deveiopment 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 Ilcenses 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. Owner G Owner Printed Name CDWARD L. SCHWARTZ, MGR Printed Name LODGE ABBOTT INVED'TMCNZ'S ASSOC., LLC STATE OF FLORIDA COUNTY OF COLLIER The foregoing Instrument was acknowleged before me by means of 19physI al resence oroonllne 2latarization this day of 201Lby (printed name of owner or quallfier) t _r __1 � 4y�•� Such person(s) Notary Public must check applicable box: JMAre personally known to me []Has produced a t rl ern drivers licens []Has produced as Identification. w�" '•._ AUTUMNL,JA KSON C6ifr1iil6'e'orifRVIG2Z924 NotarySI oat fzpfrasJuly f1,2022 8 Ifti— L DCodod Thru Tra Faln to Y Iumec4898.385701g March 4, 2020 Packet Pg. 344 9.A.1.d LEGAL DESCRIPTION PARCEL I THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°24'40"W. (SHOWN IN ERROR AS S.88°26'40"W. IN O.R. BOOK 68, PAGE 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167, PAGE 692; O.R. BOOK 218, PAGE 484; HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. BOOK 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGE 235, THE BEARINGS AND -DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439 THROUGH 447), .OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.29° 11'40"W., ALONG SAID BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3"00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67°30'00"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FBET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.22°31'00"W., (SHOWN IN ERROR AS N.22030'00"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0"08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'00"B., FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89° 12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.92 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00"23'10"E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RBUCTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THB RIGHT-OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS WIGGINS PASS ROAD). PARCEL 6 THAT PART OF THE NORTHERLY ONE -FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHJP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WET OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). H:\202M022025\WP\PUDA\Legal Description.docx Packet Pg. 345 9.A.1.d PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOIRDA, EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THESOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD 5-865A (VANDERBILT DRIVE) PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 8 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°54'20"W., ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE: 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.01 030'05"E., ALONG SAID AGREED BOUNDARY LINE, FOR 1298.70 FEET (SHOWN IN ERROR AS 1300.00 FEET, IN O.R. BOOK 68, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30"00'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N,05°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29° 11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN JN ERROR AS N.88°26'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0"27'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS S.0°26'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORHTEAST 1/4 OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD 5-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 BAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN S.89°53'18-W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN 5.89°53'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN 5.41°11'03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E., FOR 120 FEET, THENCE RUN N.89°53' 18"E,, FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 5-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO TIIE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. HA202212022025MPTUDATegal Description.docx Packet Pg. 346 9.A.1.d PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN N.89"40'55"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LJNE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.0"26'00"W., FOR 100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.89°40'55"W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0°25'41"E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°52'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.000 14'00"W. FOR 1698.91 FEET; THENCE RUN RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°1710"E., ALONG SAID AGREED BOUNDARY LINE, FOR N.02°59'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE RUN N.27°15'20-W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION W1TII THE NORTH LINE OF SECTION 20; THENCE RUN S.89°S4'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S.02°12'00"E., ALONG THE EAST LINE OF SAID SECTION 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR REUCTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT THE RIGHTS -OF -WAY OF STATE ROADS S-865 A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND ACCEPT THE FOILOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, At PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOILOWS: BEGINNING AT THE SOUTHEAST H:\2022\2022025\WP\PUDXLcga1 Description. docx Packet Pg. 347 9.A.1.d CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION; THENCE N.89052'20"W. ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.89°52'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.00°14'00"W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.87°48'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; TIIENCE 5.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.87°48'00"E, A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.02° 12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION; THENCE 5.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.SE, ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02°12'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"W., A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGIHT-OF-WAY AND THE NORTHEAST CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE 5.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N,02°12'00"W, A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE 5.87°48'00"W. ALONG HA\2022\2022025\WP\PUDA\Legal Description.docx Packet Pg. 3 8771 9.A.1.d THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1, A DISTANCE OF 1481.49 FEET; THENCE S.34°26'15"W. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO, 1, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54°47'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROLL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECITON WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.05°9'30"W., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET; THENCE N.87"48'00"E., A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02°12'25"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET; THENCE S.02°12'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. HA2022\2022025\WP\PUDA\Legal Description. do ex Packet Pg. 349 9.A.1.d Co fe r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code 0 Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountvfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES#O REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 x❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑ ❑ Affidavit of Authorization, signed and notarized 1 PropertV Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 ❑ ❑ List Identifying Owner and all parties of corporation 1 ❑ ❑ Signed and sealed Boundary Survey 1 ❑ ❑ Architectural Rendering of proposed structures 1 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial, 1 x❑ ❑ Statement of Utility Provisions 1 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (LIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ x❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ x❑ Traffic Impact Study 1 ❑ ❑ Historical Survey 1 ❑ ❑ School Impact Analysis Application, if applicable 1 ❑ ❑ Electronic copy of all required documents 1 ❑ ❑ Completed Exhibits A-F (see below for additional information)+ ❑ ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Packet Pg. 350 9.A.1.d CoNky County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %2" x 11" copy ❑ x❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" --Only if Amending the PUD ❑ El Revised PUD document with changes crossed thru & underlined 1 x❑ ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: ❑ Exhibit A: List of Permitted Uses ❑ Exhibit B: Development Standards ❑ Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description ❑ Exhibit E: List of Requested LDC Deviations and justification for each ❑ Exhibit F: List of Development Commitments If located in RFMU Rural Fringe Mixed Use Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson 0 1 Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ■❑ Other: North Naples Fire ❑ City of Naples Utilities ❑ Other: ASSOCIATED FEES FOR APPLICATION ® Pre -Application Meeting: $500.00 E/�'PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre MY PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre IN PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Pq Comprehensive Planning Consistency Review: $2,250.00 NIA Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500,00 N/A Listed or Protected Species Review (when an EIS is not required): $1,000.00 Pq Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 351 9.A.1.d Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTIVIENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 2524400 FAX: (239) 252-6358 Legal Advertising Fees: 9 CCPC: $1,125.00 6 BCC: $500.00 E School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees ore not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers forApplications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to Include all necessary submittal information may result in the delay of processing this petition. "Additional fee for the 5t6 and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent date Robert J. Mulhere, FAICP, President[CEO Printed named of signing party March 4, 2020 Page 11 of ii Packet Pg. 352 AFFIDAVIT OF AUTHORIZATION FOR PETITIONNUMDfRS(S) COCOHATCHEEBAY PUOA(PL.2A22400f142J t, EDWARDI, $CHWAHT7. (print name), as MGR (title, if applicable) of LODdEABBOTTASSOCIATES, IAC (company, If a licable), swear or affirm under oath, that I am the (choose one) owner�applicant�contract purchascrmand that: 1. I have full authority to secure the approvals) requested and to Impose covenants and restrictions on the referonced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorizers the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this appifcation; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize KARENBISHOP, ROBERTJ.mmH[RC&RICHARDYCVANOVICH to act as our/illy representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a oorporation, then it is usually executed by the carp. pres. or v. pres. . if the applicant is a Limited Liability Company (L.L.C, ) or Limited Company (L. C.), then the docuinents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant Is a limited partnership, then 1110 general partner must sign and be identified as the "general partner" of the named partnership. • if the applicant is a trust, them they must include the trustoo's name and the words "as trustee". * In each instance, first determine the applicant's status, e.g., Individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorizatlon and that the facts stated In It are true. _ ! Signature Da#e LDWARD L. SCH%VARTZ, MQR, L0nG8 A OTT ASSOCIATES, LI.0 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Instrument was acknowleged before me by means of physical presence or ❑oniina notarization this J day of , 201(—by (printed name or owner or qualifier) . Such person(s) Notary Public must check applicable box: F1 Are personally known to me Q Has produced .-0urren drivers license ❑ AUTUMNt,JAWON Has produo d as identification, .? Commlesio 913G222924 ?1r;of ' ExJJltss J1�ly it, 2022 4Nota Ignatur _ °.'.l`••'` A4hdadTin TjoyFotrtln,U,0, 6uw3m7gt9 CP10$-00A-0G1151155 REV 3/4r2O20 Packet Pg. 353 AFFIDAVIT OF ALITHOR1ZATION FOR PETITION NUMBERS(S) COCOI?ATCHEEBAYPUOA(PL•20220007142) I, EOWARti L. 8CHWART'L Sprint name), as MCR (title, if applicable) of LODGE AB9oTTiNVE37MENT8ASS0CIATES,LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner0applicantF--lcontract PUrchaserFland that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of Investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. J. Well authorize KAREN aISH0P. ROBERTI MVLHERE 6 RICHARD YOVANOVIGH to act as our/my roprosentative in any matters regarding this petition Including 1 through 2 above. 'Notos: If the applicant is a corporation, then it is usually executed by the corp. pres, or v. pros. • If fhe applicant is a Limited Liability Company (L.L.C_) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant Is a partnership, then typically a partner cart sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the warned partnership. • ff the applicant is a trust, then they must include the trustee's name and fhe words "as trustee". • In each instance, first determtno the applicant's status, e.g., Individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under ponalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In It are true. -EdL,gdal !Lu_jat��_— S Signature pate MWARD L. SCHWARTZ, MGR, LODGIrABBOTT INVESTMENTS ASSOCIATES, LLC STATE OF FLORIDA COUNTY OF COLLIM The foregoing Instrument was acknowleged before ine by means of tophysical presence or Q online notarization this L t1ay of ��C Lj _, 2o2C.Ay Sprinted name of owner or qualifier) E i a['_r>d 2 0JS1,0 Q z- hr Such person(s) Notary Public must check applicable box. qate personally known to me Q Has produced rent drivers license Has produce as identification. Notary Sig tune: CM99-COA-001 WISS REV 31412020 AIITUMMUMOKSON ►i .r Commlaslon#GG222924 i; -Fl Explres July 11, 2022 UndO D. Troy Rh tna IMM 0005-7019 Packet Pg. 354 C OC OHATCHEE BAY PUDA 9.A.1.d (PL-20220001142) AFFIDAVITS OF AUTHORIZATION Packet Pg. 355 9.A.1.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) COCOHATCHE♦"13AYPUDA(PL•20220oU1142) 11 EDWARD L. SCHWART2 (print name), as M13R (title, if applicable) of LOUGV AU 001 T INVESTMENTS A83001ATES, LLc (company, If applicable), swear or affirm tinder oath, that I am the (choose one) ownerFT1applicant Ocontract purchaser) and that: 1, 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action, 5. Neil authorize! KAREN BISHOP, RDBERT,I, MULHERE & RICHARO YOVANOVICH to act aS Our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the carp. pros. or v. pros. If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partne(ship. • If the applicant is a trust, then theymust Include the trustee's name and the words "as trustee". In each Instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership - Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In It are true, eSJkLAjd i2z C� - s 1 ID )a0a_k Signature Date I:DWARD L. SCHWARTZ, MOR, I On AT3k3OTT CNVCSTMENTS ASSOCIATE'S, LLC STATE OF FLORIDA COUNTY OF COLLIER The foregoing Instrument was acknowleged before me by means of Wphysical presence or Qonllne notarization this Jt±tiay of [*F1c6q —1 20LZt, rby (printed name of owner or qualifier) Edk ,'t(► Cd 2, 3 C, r Such person(s) Notary Public must check applicable box-. Are personally known to me Has produced u rent drivers license © Has produce as identification. Notary Sig ture; CI1108- COA-8 D1 I51155 REV 3/4/2020 *a € AUTUMN.UJACRSON Commission # GO222524 ?; pg Expires July 11, 2422 ''•.pr,,,y°� oandodilw71oyFelnlnsucnnco804.3p5�7at9 Packet Pg. 356 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) . CUCOHATCHEE BAY PUDA(PL-2a2200011A2) 1 EDWANu L. SCF9WARTZ (print name), as MR (title, if applicable) of LODGEABBO.1 rASSOC,IATEs, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner0 applicant Ocontract purchaserFland that: 1. I have full authority to secure the approvals) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter Upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well aUtharr7e KAREN 61SHOP, ROBERT J- M4LIiERI: & RIGI IARD YOVAHOVIGH , to act as Ourimy representative in any matters regarding this petition including 1 through 2 above. "No tes., a If the applicant is a corporation, then it is usually executed by the Corp. pres. or v. pres. • If the applicant is a Limited Liability Company {L.L.C.) or Limited Company {L,C.) them the documents should typically be slgn4d by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant Is a limited partnership, then the general partner must sign and be identified as the `gonerol partner" of tho named partnership. • If the applicant is a trust, then they must include the trustees name and the words "as trustee" • In each instance, first determine tho applioant's status, e.g., individual, corporate, trust, partnership, and them use the appropriate format for that ownership, Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In it are true. 7.L�1It Signature EDWAR.D L. SCHWARTZ, MGR, L0DOE A OTT ASSOCIATES, LI.0 STATE OF FLORIDA COUNTY OF COLLIER Date The foregoing instrument was acknowleged before me by means of [Rphysicat presence or © oniine notarizalion this day of 20 by (printed name of owner or qualifier) LA.Al (,L_ c r,k - Such person(s) Notary Public musl check applicable box: XAre personally known to me d Has produced -arren drivers license E] Has prodcc d as Identification. Nota ignatur CPNOS-COA-sU 1151155 ALPV 31412020 AUTUMNC,JAQKt0N Commissioni100222924 orlt,�y= Bpifus July if, 2022 ddndad Ttn TfOy Fein Igswrico aoo.ao5 o 19 Packet Pg. 3 7 9.A.1.d COCOHATCHEE BAY PUDA (PL-20220001142) PROPERTY OWNERSHIP DISCLOSURE FORMS Packet Pg. 358 9.A.1.d C'"A6V C014hty Lodge Abbot[ Associates, LLC COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 752-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. 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. Please complete the following, use additional sheets if necessary. 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 Name and Address % of Dwnership N/A b. If the property is owned by a CORPORATION, list the officers and stockholders and the iercentage of stock owned by each: Name and Address % of Ownership N/A C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the )ercentage of interest: Name and Address % of Ownership N/A Created 9/28/2017 Page 1 of 3 Packet Pg. 359 9.A.1.d Caur County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net 1239) 252-2400 FAX: (239) 252-6358 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 Lodge/Abbott Associates, LLC 100 13966 Old Coast Road, Naples, FL 34110 (See Org Chart of Lodge/Abbot Associates, LLC attached hereto) 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 Tticers, stocKnolgers, nenenciaries, or partners. Name and Address % of Ownership NIA Date of Contract: f, If any contingency clause or contract terms involve additional parties, list all individuals or of or trust: Name and Address NIA g. Date subject property acquired 10/01/2001 ❑ Leased. Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 360 9.A.1.d A�-r C014Hty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.callierp,ov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6359 Date option terminates: _, or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether Individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately If such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package, I understand that failure to include all In submittal Information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 t - 05-03-2022 Agent/wrier Signature Date Yale Levin, Manager Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 361 9.A.1.d LODGIUARROTT ASSOCIATES L.L.C. (Orghniza(ion Chart as of May 3, 2022) 2012 lrrevnehble'i'rust flbla 2012 lrrevounbic'Yr11rt flblu Audrea Angdhprc Soave, YOIC Lcvii Trualct I Soave, Yale Lcvin Trostee 50% .lnthonySoave2020 Agibnpy$Oave IrrevocnblaTiuli �Ox4lrt'evBeaUle II Arigelique Trust PWO Ahdrea Soave, Sony, proven2nha, ulald 12101I2024 uInld 1210112024 49% 2012 f412 Irfovocabic Irrevocable 'rrwl Wo Trust (Ago Anitalique Andica Suave. Souvs_ YAIC Yale Levin Ltvia'1'rosicc Tiuslee 50% 1 1 5(111u Tr14eMl lnv°uuirrsl, hi-,�,auamr�,i rohtparty. (nc. aiv ill ,n so mlinu SON�l office President - Ynlc Levla F-acntive VP- Michael L. Pit sko Vim President- Edward L. Sdmjibe,; Treasurer - Richard T, Srodii iij: Secretary -Hrynni Fronk AAft,Gtgo Yale Levin Michael L_ Pirsko Richard T_ limcklimu Mdhdger TH Iluvcalmeirts pinnngamcni Campnny, let., n Mfdri nn co railcn (I:EN y Qfflcet4 Prtsident - Yale Lcvin Execs VP - MikeI'ieskb Vice Piel;cat - Fd Sellonbcrg TmAsuror- Iticlrurd T. 9rockhaus Secretary - y rypat Fewik Uifeclarz Yalc Lcvin Mikt Piesko 11101W 1'. Drockhaus 1 100% 1 1 a� Trident Development Assurintcs Llmiled Linhifity Company, a Michigan linhitcsl HAW,[ Campnny (PIN Mmmper Managed Yale Levin Richard T. Buck uus !40%a Malingers Trident,Abhalt I., X,, it Michigan limited III bilit company (GIN MAO;Vp -, M:uu,yvd YIIIc Loin so% Anthony L. Sonve 2012 Artlhonp L. Sonve 2012 Irr'ovocaWe,rt'ust flora lereve"bic reust ffwa Angaliyue Smtve, Yale Ahtireh Soave, Yale Levin Trn3lee, Levin Truvlce u1a1d 1112IN2021 tuWd 111301202t 0.5110 1 1 0.5 Anlhany&onve, usTriryleo o(tbeAathony SOMTrItll UlalO•larivary 14, 1987. a! nnteniled and resinlcd 100%t Soave Nfhnngemenl, Inc., n Michi an ca ormion (EINW} S71f1S4ES President- We bevies Executive VP- Michael L. Yiesko Viet President -Fdwmd SelmArlr. Treasurer - Richard T.P1rackhau. Secretory - 13ryae# Pra pk AssL. Trensumr- Krlslip Mess QcfsWls Yale Levin Michael L. Piesko Richnrd T. tirocklww Edward L. Schwartz Marini Italtaglln 9G,x5 klminger 3,7b°/a I.irdgelAbboll Assuelates I-L-C., It Nlichignn limited liabilii rompily i"} [I. ft hj ,,,`r NI.IIIaged {?(lush President - Yale Levin %,i.e N4 .,M,11( . U,s«,d R. SalwnLcia: Trcnsurcr- RichardT. Brockimus W IL m N d t V r t O U O C) r N r O O O N N O N J d O 00 tCy N Packet Pg. 362 9.A.1.d CAT CouMty Lodge Abbott Iuvcstmclils Associales, LLC. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.cotlie-rgov.net (239) 252-2400 FADS: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This Is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. 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. Please complete the following, use additional sheets if necessary. 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 ,ercentage of such interest: Name and Address % of Ownership N/A b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage oT stocK owned ny each: Name and Address % of Ownership NIA c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the lercentage otinterest: Name and Address % of Ownership N/A Created 9/28/2017 Page 1 of 3 Packet Pg. 363 9.A.1.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierRov,net Coder county 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 d, if the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f 9. Name and Address % of Ownership Lodge/Abbott Investments Associates, LLC 100 13966 Old Coast Road, Naples, FL 34110 (See Org Chart of Lodge/Abbott Investment Associates, LLC attached hereto) 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 1IIII.1--rZI, bLULIVIUMUlb, LJCIICIIUWIR�5, Ur pdrtner5: Name and Address % of Ownership N/A Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or rr• M IILCI S, 11 a LuI PVJ Ok I UI I, t,Jdr 4 I It r JI I I N1 U1 Lr Una: Name and Address NIA Date subject property acquired 11/12/2014 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 ra m 0 U 0 0 N 0 0 0 N N O N J d O O Ln Packet Pg. 364 9.A.1.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergoy.net Date of option: Date option terminates: Anticipated closing date: Coffey County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6958 or AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have property Ownership Disclosure, will not be accepted without this form. Requirementsfor petition types are located on the associated application farm. Any change In ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the Information indicated on this checklist is included in this submittal package. I understand that failure to include all In submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to. Growth Management department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 05-03-2022 Agent/O ner Signature Date Yale Levin, Manager Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 365 9.A.1.d LOIDGEIABBOTT INVESTMENTS ASSOCIATES L.L.C. (Grgatilullon CharL sxs of May 3, 2022) 2012 Irrevocable Trust MA) Angellglle SOai'r, Yale Lcvin Trustee E IMAN, A1111whysoavc2020 AnthnnySaayc T!'YeY6sablc'1"real 40201rrcvpen Ole FWOAngellgnr '1Y1rstRb/9Anllrth Sonvc, Sparc Proven an0, alald 12/01/2020 W.)d 12h1Vd029 49% 1 1 d9 % 2012 2012 Inevncah[r Irrevocable Trutt finM Yrusl Wo I AnpXlique Alldml Soave. Sonvc. YHIe Ynle Levin Levin Tnlsl;c Truslce 511% 1 1 509; trident Insxylmenls R7anapemeal compasly, a Midligmn rorporatinll mwR ) am= Prsaidenl- Yak Lev[a Ex6eudve VP- Michael L Pic;l o Vier pmodem - r w*d I- Sdnvart-r. Pen we - Richard T. amdlnnls Santry-12116116phrr 0. Carden lymcip A Ynlc Levin Michael L- Pie o Richard T. lyrackham 2o12 Ir'rcyocnbwrrust VIVO Alldi'm Sum We Leyln Traa[;c 1 50 % 1 Triduht 111veatments hialrAge111ea1 COatI Any, Inr., It Mlclli he, wr Iion President- Yale Levni lixccnllve VP - Mika Pieskp Vice President - EdSchmnberg Treasurer -RichardT.Gmck[ra11y A,+lkan E,•onya S2011 y AnlhonyL,Sanrei0lE Secretnry- Fdryanl prank lrrevp;able l"nrsl flblo IYrOM6CA6Se Tnlsl FlWo rmar Angelique $anvr, Yal; Andrea Sonvc, Wilepirectora iLevin n Levin Trustee, LavIn Truslee Mike picskRichard »laid I11301Z021 urald I1l30/2021 T. Rmoklmas 1 ^i4 a.s�n ia.sp,� 1 100 % 1 AlllhbOy Sonya, as'rrallog Of the Anthony 561ve Trust Wald Jsnuary 14. 1997, mamendpll And minted Mnnng,cr Trident lyevelopmrm Assorlmes LIm Led Linbinty Company, a Michigan linlitsd hnbilit company [GIN M n na0e r hinnngcd Manager I I 11)0% Tridew Investments Llallt;d L111blltly Colnpmly, u lrlichigaa limhtd liabilIt company Yale Levin and (El Fin and L $rhwarty. hlnringer Manapeil 9G•aS ManaPsrs LndycLlhhulr tnreslmrnls,tissncinlcr 1.[.(', a MichiO+ln limited linbilil y company {h1N �) A1:ma^r, n4aga;:ad 3)J111:L'!5 Ptcs{dunl'- Yntic I.cVln 4 i¢c ihcaiJcin I:JaaJ IS. S;lumhclg Treasurer - Itich:ad T. IlrmMim s 100% Sonya 01mmgnocal, lac., 0 Mich i nn car orflI 4n {ERN j 4plitsa President - Yhlc Lcvin Executive VP- Michucl L. Pieskp Vice, Pm&idcol -• Cd+vurd Schtvmlx TrcpYWtr- Richord'v. Brockhnus StaMmry - llryanl Frank Asst. Treasurer - K rill in Klass Dieccip Yale Lcvin Miehnel L. Picsko Rlchnrd 7•. lkockham Edward L Sdinvnrti M6rion Qanoglia 3.75 % Packet Pg. 366 COCOHATCHEE BAY PUDA 9.A.1.d (PL-20220001142) DEEDS Packet Pg. 367 2867298 OR: 2904 PG: 0172 9.A.1.d Property Appraisers Parcel Identification No. 00154680004, etc. This instrument was prepared without review opinion of title by Lisa H. Barnett Cheffy Pass,dorno Wilson,k Johnson, LLP 821 Fifth Avenue South Naples, Florida 34102 (941) 261- 9300 UCOUB is 01IICIM UwIU of COLLnI C01R1, IL 10/05/2401 at 43:1411 IIIGII 1. UOCC, CUK Caa IIIIIIII,11 UC nl 21.51 Iloc•.TI Ilaloo,ol Ilia: GUN? 1111111117 11 $551 110011001 al 1501 WU3 IL 34101 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made the Liiday of October, 2001, by A. L. Dougherty Co., Inc., a Delaware Corporation, whose post office address is Suite 2003 Town Centre, 2 East Main Street, Danville, IL 61812 (singularly or collectively "Grantor"), to Lodge Abbott Associates, LLC, a Michigan limited liability company, whose post office address is 3400 (singularly or collectively "Grantee"): (Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this inch mtent and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSE"fH: That the Grantor, for and in consideration of the sum of Ten Dollars (S10,00) and other valuable considerations, receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situated in Collier County Florida, viz: Sao Exhibit "A" attached hereto and made a part hereof TOGETHER with all the tenements, hereditamcnts and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the sam ii�i�c3�ittiplC-ttrtiet., AND, the Grantor hereby covenents'with said Grantee that ih<Gra for is lawfully seized of said land in fee simple; that the Grantor has good right''and�liiwful-aullipri to sell �and',pnvey said land, that the Grantor hereby fully warrants the title to laid, t1 nd gnd`will dcfend�ihellsame againa the lawful claims of all persons claiming by, through or under the skid Y n1orlanda t �s6 t� tan f a ball cumbrances, except taxes for the current and subsequent years, zc�ninj ti s ctl n�[atppo�,^e1,3 gov mmental authority, restrictions, casements and reservations as desc jbetll�ot>f, Eycji hit ";itit e4Q he toi ant) ARCprporaled by this reference. IN WITNESS WHEREOFNrx,*tor has signed and the day and year first above written. Signed, Scaled and Delivered as �, f ., ;�,.., ✓r to Each Grantor in the Presence of: `'`\� , A. L. Dougherty Co„ Inc, a Delaware Corporation ) Witness Name: I t%/�r Sr Phyllis K. Dou arty (� President W itncss Na : !sG ,1rY (Corporate Seal) State of VLh,t, y_ County of 4 /.f The foregoing instrument was acknowledged before me this �lt day of October, 2001 by Phyllis K. Dough , as President of A. L. Dougherty Co., Inc., a Delaware Corporation, on behalf of the corporation. She is personally known to me or L] has produced `' f �as identification. Seal) Notary u tic Printed Name: 6, 5. 5�0111,01t CYNTIIIA Ss, sTAAR 'AL My Cormnission Expires; 3 - NOTARY Pt19Uc STATE OF a.t.WM MY COM "SiON 1XIMES s-aa-soots Packet Pg. 368 OR: 2904 PG; 0173 EXHIBIT A DOUGHERTY LANDS NORTH OF WIGGINS PASS LANDINGS V,3 PARCEL 1 The Southerly 548 feet of a tract of land lying in Section 8, Township 48 South, Range 25 East, Collier County, Florida, said tract being described as: Beginning at the Southeast Corner of Government Lot 4, said Section 8, run S 88'24'40" W (shown in error as S 88'26'40" W in 0,11, Book 68, Page 235; O.R. Book 87, Page 439 through 447; O.R. Book 167, Page 692; O,R. Book 218, Page 484; hereinafter cited as Official Records), along the South line of said Government Lot 4 and the Westerly prolongation of said South line, for 776.71 feet, to an intersection with an agreed boundary line as recorded in O.R. Book 87, Pages 439 through 447 (Surveyor's none: Although O.R. Book 167, Page 692 and O.R. Book 218, Page 484 indicate that the agreed boundary line is found in O.R. Book 68, Page 235, the bearings and distances are in effect those recited in a later exchange of Quit Claim deeds O.R. Book �,7Pa es 439 through 447), of the Public Records of Collier County, Florida; there pn l '`1_1"40" W, along said agreed boundary line, for 300 feet; thence run N-030D agreed boundary line. for 961,43 feet (shown in error as,9�l;;feet in the Offic'ib�ds): thence run N 67'30'00' W, along said agreed boundary-.Itne, for 1397.99 feet (s11"wn error as 1397.01 feet in the Official Records); thence ru 19;22"31"00-7—M.,_(shown inwro as N 22'30'00' W in the Official Records), along said agrtd`bgundary lines for 9.721eet; thence run North, along said agreed bound ry lyr e; o 99:92�f qjon ith the Westerly prolongation of the North linealgo rn cni cU, 8 thence run N 00'08'53' E (shown in error as North iaac f�tctal t cclf s;Tor d 9,82 �e i thence S 59'00'00" E, for 815.68 feet; to an into ot�wt' h'3att-Wester y pry n`8ap6if the North line of said Government lat thence run N 89,12 E, alo gg s d Wesurly prolongation and along the North line of si Government Lot 3r 190&"2�Ffeet to the Northeast corner of said Government Lot' , C rkce run S 00'23'10'` E, alo t Ft a East line of said Government Lot 3 and said Governs wi ,W 4, for 2744330jfe t tqf the Point of Beginning. Plus any land added thert;tt3'b, /asr�tiN _;r.-tt�iction, and less and except any land lost therefrom by submergence or erosion: PA RCEL 5 The Northwest 1/4 of Section 16 in Township 48 South, Range 25 East, Collier County. Florida, excepting therefrom the rights -of -way for State Roads S-865A (also known as Vanderbilt Drive) and S-865B (also known as Wiggins Pass Road), PARCEL 6 That pan of the Northerly one -fifth (being more particularly described by accurate survey as the North 268.54 feet) of the North V2 of the Northeast 1/4 of Section 16, Township 48 South, Range 25 East, Collier County, Florida, which lies West of the right-of-way of US Highway 41 (also known as the Tamiami Trail). PARCEL 7 The Fast 1/2 of the Northeast 1/4 of Section 17, Township 48 South, Range 25 East, Collier County, Florida, excepting therefrom the Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 and excepting therefrom the right-of-way of State Rci d S-865A (Vanderbilt Drive). Packet Pg. 369 OR; 2904 PG; 01741 9.A.1.d Plus any land added thereto by accretion or reliction, and less and except any land lost therefrom by submergence or erosion. PARCEL 8 Beginning at the Southeast comer of Section 17, Township 48 South, Range 25 East, Collier County, Florida, run N 89'54'20" W, along the South line of said Section 17, for 2839.52 feet to an intersection with an agreed boundary line as recorded in O.R. Book 68. Paggc 235 through 250 of the Public Records of Collier County, Florida; thence run N 01'30'05" E. along said agreed boundary line, for 1298.70 feet (shown in error as 1300.00 feet, in Q.R. Book 68, Page 235 and Q.R. Book 167, Page 642 hereinafter cited as Official Records); thence run N 30'00'00" E, along said agreed boundary line, for 8M feet; thence run N 05'00'00" W, along said agreed boundary tine, for 1480 feet; thence run N 29' 11'40" W, along said agreed boundary line, for 1957,41 feet, to an intersection with the Westerly prolongation of the North line of said Section 17; thence run N 88'24'40' E (shown in error as N 88'26'40"_.E-in-the Official Records), along said North line for 3449.51 feet, to the Northea5 t r e e"', ; =Section 17; thence run S 00'27'30" E. along the East line of said 441� (shown in error as 2689.35 feet in the Official Records}, to' tt 6", quarter corner; th i run S 00'26'00" E (shown in error as S 00'26'00" W in��the 1.fficial Records), along the t 6ne of said Section 17, for 2584.65 feet, to the Point/of �eglr,-1 g )(CE�1 LNG RE OM (1) the East 1/2 of the Northeast 1/4 () th ' Northea��1,14T f the S�outheas 1/ (3) the Northeast 1/4 of the Southeast 114 of th outl si T 4; '1 17� and excepting the right-of-way for State Road 5.8 At (Va id rh It ^n 6� ce tin g' that portion of the Southeast 1/4 of the Southeast )l4�of�tlwe,)Sp talc l;tt I/A of S,#' 4on 14,, , ownship 48 South, Range 25 East, described,�as:=f Ifff ' : Fr6 -- 6e'--N6hheasFdc moo f the Southeast 1/4 of the Southeast 114 of the SouthasR /4 of Section 17, nit S 84'SS`y187 W, for SO feet, to the Point of Beginning; thenc 46A. ,S 89'53'18" W, fdrjl�8 ��6�5`�fplty;'to a point on Bulkhead Line as shown on plat the r ©rr ,rded in Bulkhead L*' V,11��( Book 1, Page 7, of the Public Records of Collier Crotlrltjt- I;lorida; thence.rfir �S 41' I IVY W, for 133.10 feet, along said Bulkhead Line; thence`Nili 4#f 0`�5'd " > � f6r420 feet; thence run N 89'53'18" E, for 275.72 feet, to a point on tfie 1 t4igbf-'OfWay Line of State Road S-865A (Vanderbilt Drive); thence run N 00'26'00' W, for 220 feet, to the Point of Beginning, Plus any land added thereto by accretion or reUcbon, and less and except any land lost therefrom by submergence or erosion. PARCEL 9 That portion of the Northeast 1/4 of the Southeast 1/4 of Section 17, Township 48 South, Range 25 East, Collier County, Florida, described as follows: From a Point of Beginning at the Northwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 17, run N 89'40'55" E. for 560.24 feet, along the North line of the Southeast 1/4 of the Southeast 1/4 of said Section 17, to a point on the Bulkhead Line as shown on plat thereof recorded in Bulkhead Line Plat Book 1, Page 7, of the Public Records of Collier County, Florida; thence run N 00'26'00" W, for 100 feet, along said Bulkhead Line, thence run S 89'40'55" W, for 560.23 feet, along said Bulkhead Line, to a point on the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 17; thence run S 00'25'41" E. for 100.00 feet, to the Point of Beginning. Plus any land added thereto by accretion or reUcdon, and less and except any land lost therefrom by submergence or erosion. Packet Pg. 370 OR; 2904 PG; 0175 I 9.A.1.d I PARCEL 10 Beginning at the Southeast comer of Section 20, Township 48 South. Range 25 East, Collier County, Florida, run N 89"52'20" W, along the South line of said Section 20, for 2053.75 feet; thence run N 00' 14'00" W, for 1698.91 feet; thence run N 54`47'52" W. for 399.32 feet, to an intersection with an agreed boundary line as recorded in O.R. Book 68. Pages 235 through 250, of the Public Records of Copier County. Florida; thence run N 79' 1 T I0" E, along said agreed boundary line, for 69.60 feet; thence run N 02'59'30" W. along said agreed boundary Gne for 1417.66 feet (shown in error as 1475.01 feet in 0. R. Book 68, Page 235); thence run N 27"15'2U" W. along said agreed boundary line, for 705.31 feet', thence run N 18'44'30" W , along said agreed boundary line for 887.0.1 feet; thence run N 05"37'50" W, along said agreed boundary line for 393.34 fert, to an intersection with the North line of Section 20; thence run S 89'54'20" E. along said North line for 2839.52 feet, to the Northeast corner of said Section 20; thence run S 02' 12'00" E, along the East line of said Section 20. for 5273.90 feet (shown in error as 5277.24 feet in 0,R. Book 68, Page 235) to the Point of Beginning. Plus any land added theret,Qbaorcoq.rreliction, and less and except any land lost U 7" " therefrom by submerg�n'e t c ,m risr©n; And less and ex ipf the rights -of -way f r Slate Roads S•865A (also known as Vanderbilt ,f}ri)!rE);�aiti 5.89,tS.�,Ea�so knn Bluebill Avenue). t�1 4 And less ands rx5=e�'law �r Y3. itl re t property: All of Wiggins P A ��f�s U�it� o4 Ad tion, c,�ording to the Plat thereof recorded in Plat Book 10� 'at?. age tt the Pt H Reo ro q bier County, Florida, and all of Wiggins Pass L. di s Unit No. l acco , dg th 0irai thereof recorded in Plat Book 10, at Page 44, of thePik c Records of Coll ounty rids, being more particularly described as followsYx a , Beginning at the Souttiecp{teF-ot'-Lq4=-ofa�id"Wiggins Pass Landings Unit No. 1 Addition; thence N 89'S2 0.a. tlo' g t oGtherly Line of said Lot 4, a distance of 599.96 feet to the Southwest coinetr-Of said Lot 4, the same being the Southeast comer of Lot 10, Block 1 of said Wiggins Pass Landings Unit No. 1. thence N 89'52'20" W along the Southerly line of said Wiggins Pass Landings Unit No. 1, a distance of 1400.65 feet to the Southwest corner of said Wiggins Pass Landings Unit No. I; thence N 00'14'00' W along the Westerly tine of said Wiggins Pass Landings Unit No. 1, a distance of 1608.90 feet; thence N 34*26'15" E along said Westerly line, a distance of 439.38 feet to a point on the Northerly line of said Wiggins Pass Landings Unit No. 1; thence N 87'48'00" E along said Northerly line a distance of 1481.48 feet to the Northeast corner of Lot 3. Block 3 of said Wiggins Pass Landings Unit No. 1; thence S 02'12'00" E a distance of 163.77 feet to the Northwest corner of Lot 1, Block 3 of said Wiggins Pass Landings Unit No. 1; thence N 87'48'00" E a distance of 200.00 feet to the Northeast corner of said Lot 1; thence S 02'12100* E along the Easterly line of said Wiggins Pass Landings Unit No. 1, a distance of 668.16 feet to the Southeast corner of Lot 1, Block l of said Wiggins Pats Landings Unit No. 1, the same being the Northeast corner of Lot 1 of said Wiggins Pass Landings Unit No. 1 Addition; thence S 02' 12'00" E along the Easterly line of said Wiggins Pass Landings Unit No. 1 Addition, a distance of 1209.93 feet to the Point of Beginning, Parcel contains 88.56 acres, more or less. (Bearings refer to Wiggins Pass Landings Unit No. 1 Addition, according to the plat thereof recorded in Plat Book 10, page 81 of the public records of Collier County, Florida). Packet Pg. 371 I 9.A.1.d I OR; 2904 PG; 0176 Plus any land added thereto by accretion or relicdon, and less and except any land lost therefrom by submergence or erosion. And less and except the following described real property: A portion of land located in the East 1/2 of Section 20, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the Southeast Comer of the Southeast 1/4 of said Section 20; Thence N 02'12'00" W, along the Easterly line of said Southeast 1/4 a distance of 1970,20 feet; Thence S 87°48'00" W, a distance of 50.00 feet to a point on the Westerly tight -of -way lone of Vanderbilt Drive, a 100.00 foot right-of-way and the Northeast Comer of Lot 1, Block 3. Wiggins Pass Landings, Unit No. 1, according to the plat thereof recorded in Plat Book 10, at Page 44, of the Public Records of Collier County, Florida, the same being the Point of Beginning of the parcel of land herein described; Thence S 87048*00" W. a distance of 200.00 feet to the Northwest corner of said Lot l; Thence N 02°12,00' W, a distance of 163.77 feet to the Northeast Corner of Lot 3, Block 3, of said Wiggins Pass Landings, Unit No. 1; Thence%:S--,& 8 00*—,M, along the Northerly line of said Wiggins Pass Landings, Unit No:: , .Ji ra ie -ofW �A,& feet; Thence S 34*26'1S" W, along the Northwesterly line offsti' Wiggins Pass I:a�iirgs�tUnit No. 1, a distance of 439.48 feet to the Northeasterly comiet'-d Tract B, Baker-CaribD F*t, according to the plat thereof recorded in Plat Bi ok 8'Rage-42, of_[he Public R* ord of Collier County, Florida; 'Thence N 54°47.62' ,�1, iiinri •tha prtl�etl line o saict�Baker-Carroll Point, a distance of 399.32 feet, to an int o r)�w th,an.�g zboun,41ary line as recorded in Official Records Book 68, at Pages 2J S thr6 g '2%oflr t,Tkecor of Collier County, Florida; Thence N 79° 1 '10 E, alo rftx bo tea y+ l e,, distance of 69.60 feet; Thence N 02°59'30" W alo g�s3s a reeri bat�rrc"nary ,�a ce of 1417.66 feet; Thence N 27°15'20" W, 10� said agroed boo lin a ce of 616.67 feet; "Thence - - N 87°48'00" E. a `i � '� a of 2472.7°1 feet. rya All) °�� a Westerly right-of-way Gne of said Vanderbilt DIZ�E21 ence S 02 12Z .,* rf ' d Westerly line a distance of 1373.11 feet; Thencs �f} 'q2'00" E, along sajderiy line, a distance of 667.03 feet to the Point of Beginning, ntains.I00'a�C° , fnore or less. Packet Pg. 372 *** OR; 2904 PG; 0177 *** EXHIBIT "B" AS TO ALL PARCELS: l . Any adverse ownership claim by State of Florida by right of sovereignty to any portion of the lands described hereunder, including lands accreted to such lands. 2. The rights, if any, of the public to use as a public beach or recreation area any part of the land lying or formerly lying between the body of water abutting the land and the natural line of vegetation, bluff, extreme high-water line or other apparent boundary lines separating the publicly used area from the upland private area, as it may have existed prior to the construction, if any, of sea wall or bulkhead thereon. AS TO PARCELS 5 AND 6: 3. Reservations in favor of the deed from the Board of Edu Records cf Lee County, Floi as the State of Florida, as set forth in the 6�4 Book 27, page 2, of the Public Packet Pg. 373 Prepared by and return to: Richard C. Grant, Esquire Grant Fridkin Pearson, P.A. 5551 Ridgewood Drive, Suite 500 Naples, FL 34108 [Space Above This Line For Recording Dain] Special Warranty Deed a This Special Warranty Deed made thisJZ ,.,day o£ %love.+ 2014 between LODGEIABBOTT ASSOCIATES LLC, a Michigan limited liability company, whose post office address is 3400 Lafayette Street, Detroit, M148207, grantor, and LODGE/ABBOTT INVESTMENTS ASSOCIATES LLC, a Michigan limited liab[lity company, whose post office address is 3400 Lafayette Street, Detroit, MI 48207, grantee: (whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee the following described land, situate, lying and being in Collier County, Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein (the "Property"). Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. The following restrictions and conditions are hereby imposed on the Property. These restrictions are for the benefit of other lands located to the west of the Property that are owned and retained by grantor. These restrictions may be enforced by grantor and its successors and assigns as owner of the lands to the west now owned by grantor against grantee and successor owners of the Property as covenants running with the land, The restrictions and conditions are: A. (i) grantee shall take and acquire title to the Property subject to current and future zoning for the Property, including that imposed as a result of the Petition (as defined below); (ii) grantee shall take and acquire title to the Property subject to, but shall none the less join in and consent to, that certain Cocohatchee Bay PUD Rezone Petition concerning the Property filed by grantor on or about December 20, 2013, with Collier County, Florida, and any and all amendments thereto (the "Petition"); (iii) grantee shall execute any and all necessary forms, affidavits and disclosures required by Collier County to join in and modify the Petition; and (iv) grantee consents to and grants to grantor the right to: (a) withdraw the Petition; (b) modify the Petition; or (c) make concessions to Collier County regarding the Petition, as grantor deems appropriate and reasonable; (v) grantee shall join in and execute any and all necessary forms, affidavits and/or other documents required by the South Florida plater Management District and/or the Army Corps. of Engineers to fulfill the requirements of, or accomplish the purpose of. (a) any environmental permit currently benefitting the Property; or (b) required in the future as a result of the Petition or permits submitted by grantor as to the lands located to the west of the Property; and If and when the Petition is approved by Collier County, without limiting any other applicable conditions or restrictions imposed by law: (i) grantee may only build, construct or develop single family residences on the Property and may not build, construct or develop any other form of residential housing or make other uses of the Property; (ii) grantee may not build, construct or develop more than sixty-two (62) single family residences on the Properly; (iii) grantee may not build, construct or develop any residential structure within that portion of the Property identified as Parcel 6, as legally described herein; (iv) grantee shall abide by all terms and conditions imposed by the Cocohatchee Bay PUD, as amended from time to time; (v) grantee shall perform, fulfill and satisfy, and pay for with its own funds, all commitments, requirements and obligations imposed on the Property and the owner thereof by the Cocohatchee Bay PUD, as amended from time to time, and shall pay to grantor its pro rats portion of the costs and expenses arising from any commitment, requirement or obligation imposed thereby as to the entire property that is the object of the Cocohatchee Bay PUD; and (vi) grantee shall join in (if required by Collier DoubleTitne°1 Packet Pg. 374 County), and execute any and all necessary documents in furtherance thereof, any future amendment(s) to the Cocohatchee Bay PUD initiated by grantor, solely as to other lands within the Cocohatchee Bay PUD boundaries. C. Grantee acknowledges that Collier County requires that, as part of the Cocohatchee Bay PUD, unified control of the development be maintained and grantee agrees to be bound by existing covenants of unified control in favor of grantor. Grantor shall have the right to enter the Property on reasonable notice in order to monitor compliance herewith. Grantor shall have the right to obtain appropriate relief, including but not limited to damages, specific performance and injunctive relief, from an appropriate court if any breach or failure to observe any such restriction or condition is not cured within thirty (30) days after written notice from grantor to grantee. In the event that grantee fails to abide by and fulfill all terms and conditions imposed on the Property by the Petition and/or the Cocohatchee Bay PUD, to the extent that such actions or inactions cause delays for grantor or cause grantor to incur costs and expenses it otherwise would not have incurred, grantee shall reimburse grantor for all such costs and expenses. Further, grantee indemnifies and holds grantor harmless against any and all damages or claims which may arise from grantee's violation of the Cocohatchee Bay PUD, as amended from time to time, prior to close out of the Cocohatchee Bay PUD, To Have and to Hold, the same in fee simple forever. Subject also to existing conditions, restrictions, reservations and easements of record and taxes and assessments for all years subsequent to 2013. And the grantor hereby specially warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or wider grantor but against none others. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. This deed conveys the Property from the sole member of the grantee to the grantee. As such, only nominal documentary stamps are payable. The subject Property is unencumbered. Special Warranty Deed - Page 2 DoubleTime Packet Pg. 375 OR 5095 PG 910 Signed, sealed and delivered in our presence; Witn Name: ,j ; cJt+je. C. G i ss Name; a5"u 4A",I a er CC LODGE/ABBOTT ASSOCIATES LLC, a Michigan limited liability company BY: NWf� EdwardR. Schonberg, Vice esident (Corporate Seal) State of M I Gli I s, A #) County of W A IQE +h The foregoing instrument was acknowledged before me this L;LL day of Nevtn1tv- , 2014 by Edward R Schonberg, as Vice President of LODGE/ABBOTT ASSOCIATES LLC, a Michigan limited liability company, on behalf of the company. He' is personally known to me or [ ] has produced a driver's license as identification. [Notary Seal] No ub is Printed Name: My Commission Expires: MICHELE C WALKER NOTARY PUBLIC, STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10, 2o1s ACTING IN COUNTY OF w-,� he— I M a m m d s s' 0 0 0 0 v 0 0 0 N N 0 1 00 a' 0 Lh N Special Warranty Deed - Page 3 DoubleTfine00 Packet Pg. 376 *** OR 5095 PG 911 *** q-...... - - a m a� m z EX UBIT A t LEGAL DESCRIPTION OF THE PROPERTY 0 0 V PARCEL 5 N THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS c VANDERBILT DRIVE) AND S-865B (ALSO KNOWN AS WIGGINS PASS ROAD). c N N PARCEL 6 O THAT PART OF THE NORTHERLY ONE -FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE d SURVEY AS THE NORTH 268.54• FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF- WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAIvII TRAIL). 00 N N O O O N N O N J IL 0 0 a �e m 0 IL v t� Q 0 IL m m m s 0 0 U Q c • d E s a Special Warranty Deed -Page, 4 DoubleTime Packet Pg. 377 9.A.1.d C OC OHATCHEE BAY PUDA (PL-20220001142) ADDRESSING CHECKLIST Packet Pg. 378 9.A.1.d CAW C014ftty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRES51RfG CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change -- Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER PUDA LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) Section 16, Township 48S, Range 25E FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 00142240003, 00154680004, 00155884207, 00155920006, 00156120009, 00156400004, 00156680002 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way e SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP-- orAR or PL # PUD-99-28 Rev. 6/9/2017 Page 1 of 2 Packet Pg. 379 9.A.1.d COr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www,colliersov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: Q Email ❑ Fax ❑ Personally picked up Applicant Name: Robert J. Mulhere, FAICP, President/Stephanie Karol, Permitting Coordinator/Hole Montes, Inc Phone: 239-254-2018 EmaillFax: stephaniekarol@hmeng.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 00142240003 00156680002 Folio Number 00154680004 Folio Number 00155€384207 Folio Number 00155920006 Folio Number 00156120009 Folio Number 00156400004 �0'� Approved by: J;;�/- Date: Updated by: Date: 4/7/2022 IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Page 2 of 2 Packet Pg. 380 9.A.1.d COCOHATCHEE BAY PUDA (PL-20220001142) AERIAL Packet Pg. 381 COCOHATCHEE BAY PUDA 9.A.1.d (PL-20220001142) EVALUATION CRITERIA Packet Pg. 383 9.A.1.d Cocohatchee Bay PUD Amendment Narrative Statement, LDC Evaluation Criteria, and GMP Consistency I. Introduction The Cocohatchee Bay PUD consists of approximately 532.094: acres and is situated on both sides of Vanderbilt Drive, in the vicinity of the intersection of Vanderbilt Drive and Wiggins Pass Rd. The site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park, on the East by Tarpon Cove PUD and Wiggins Bay PUD, on the South by the Dunes PUD, and on the North by Arbor Trace PUD and the Retreat PUD. The PUD currently allows for 590 units on 532.094: acres for a gross density of 1.11 dwellings per acre. The PUDA requests an additional 10 units for total of 600 units and a gross density of 1.13 dwellings per acre. This proposed change in density remains less than the permitted 4 dwelling units per acre within the Coastal High Hazard Area of the Future Land Use Element. This PUDA request also increases the building height requirements of the residential building located adjacent to the north property line, to be consistent with the other residential buildings, adds Essential Service uses within the Golf Course Tract (with related development standards), and the Master Plan has been revised to identify the Essential Services location and update the location of access points off Wiggins Pass Rd. The height of the residential building located adjacent to the north property is requested to change from 17 stories to 20 stories, consistent with the remaining residential buildings. The additional three stories will not have an impact on Gulf views, nor have an impact on the adjacent residential development to the north. IL LDC Evaluation Criteria A. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic access, drainage, sewer, water and other utilities. This amendment request will not place an additional burden on the surrounding area, traffic access, drainage, sewer, water and other utilities. B. 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. Evidence of unified control is provided with this application. 1 H:A2022\2022025\W1'\PUDA\Ev21uation Criteria (5-17-2022) doex Packet Pg. 384 9.A.1.d C. 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.) 1. Urban Residential Subdistrict. The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80%, of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. 2. Compliance with Additional GMP Provisions. Policy 5.4 — New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended.) Objective 7 — In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, to promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Policy 7.4 2 1-1:A2022\2022025\WP\PUDA\Cvmiluation Criteria (5- 1 7-2022).doex Packet Pg. 385 9.A.1.d The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. The proposed PUD amendment is consistent with all applicable provisions in the Collier County Growth Management Plan (GMP). In particular, it is consistent with and furthers FLUE Policy 5.4, and FLUE Policies 7.1 — 7.4 of Objective 7. D. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed amendment does not impact the existing internal and external compatibility of the list of uses within the PUD. E. The adequacy of usable open space areas in existence and as proposed to serve the development. There are adequate areas with usable open space within and proximate to this development. F. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. All necessary improvements and facilities are already in place to serve this development. G. The ability of the subject property and of surrounding areas to accommodate expansion. There are no issues that would 1'ulut the ability of the subject property or the surrounding areas to accommodate this project. H. 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 PUD amendment conforms to the LDC PUD provisions. 3 H;\202212022025\WP\P[)DA\Evaluation Criteria (5-17-2022),docx Packet Pg. 386 COCOHATCHEE BAY PUDA 9.A.1.d (PL-20220001142) REZONE CRITERIA Packet Pg. 387 9.A.1.d COCOHATCHEE BAY PUD AMENDMENT REZONE CRITERIA 10.02.08.F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08.E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The proposed change is consistent with the goals, objectives, and policies, and future land use map and the elements of the Growth Management Plan. 2. The existing land use pattern. The proposed PUDA is compatible with the existing land use pattern which consists of residential uses. GMP FLUM Designation Zoning Land Use North Urban Residential — Coastal High PUD Residential Hazard Area South Urban Residential — Coastal High PUD Residential Hazard Area East Urban Residential — Coastal High PUD Residential Hazard Area West Urban Residential — Coastal High A-ST Undeveloped Hazard Area 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This amendment will not create an isolated district unrelated to adjacent and nearby districts 4. Whether existing district boundaries are illogically drawn in relation to existing conditions in the neighborhood. Existing boundaries were not illogically drawn in relation to existing conditions in the neighborhood. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The economic conditions have shifted since the original adoption of the MPUD, and traditional retail is no longer viable to the same extent. With the plans to move forward with a hotel on Page l of 3 11 \2022M22025MPTUUA1Rezone Criteria (5-17-2022).docx Packet Pg. 388 9.A.1.d the abutting property to the west of the MPUD, an additional strain is placed on the viability of the hotel use. To provide additional flexibility with the current economic conditions, the applicant requests a conversion of the allowed hotel rooms to multi -family dwelling units and to change the minimum and maximum square footage requirements for certain commercial and office uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The requested change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. The site will be designed to meet all County and SFWMD requirements. No drainage problems will be created. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Development standards and perimeter buffers assure the proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed change will not adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Page 2 of 3 I-1:A2022\2022025\WP\PUDA\Rezone Criteria (5-17-2022).docx Packet Pg. 389 9.A.1.d 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed PUDA updates access locations that will better suit the development, provide a tract dedicated to essential safety services, and add a nominal number of residential dwellings. These changes are necessary as a result of the built environment. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The change suggested is not out of scale with the needs of neighborhood or the county 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The zoning for the PUD is already in place, the proposed changes are minimal and necessary for the development. 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. The proposed PUDA does not have an impact on 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 is typical of and not different from any other similar development in Collier County. 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 [Code ch. 106, art. II], as amended. There is 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, to serve the project. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC. Page 3 of 3 11 \2022\2022025\WP\PUDA\Rezone Criteria (5-17-2022).doex Packet Pg. 390 COCOHATCHEE BAY PUDA 9.A.1.d (PL-20220001142) EXHIBIT C - MASTER PLAN Packet Pg. 391 : OVSSZ) (M LOOOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo;e OOOO - a }}d :;uawyoe;;d Q puold}soryuo2oN obw suoiJnJoS 6Uu9aUf)U] I!AID / }u9wa6ouoW hafoJd BDbI ON 1D3rozrd T6ZSZP-v-O dnoae bui�jnsuoD NV7d b131SVkl (Ind F)Tq!rlxLy 071 '931b700SSV 6T6EE ld 'SA,94N 1iod T1no0 uauuoS OZ95 GJ A VG 33H01VH0000 .LLOSO ' / 90007 COO G31ON sv '371/1 3OVd 31H° '37V35 7 AI L �TAMiAMi co US. 41 i- U LLJ Z Z — 3D. I-- ti w w LLjo U o v U Z ti O ry W j CL Ca 4 ZWw O U � w a Z W Q LLJ Z W U O W m Q W 0-0 z z WOE--w Q= U �= z C)!f CLU w Q U a-w = N w Z Z >-Ocn U00 a o �.. Z_J Wwz OQU o d,.`.� wQUw� UU7) 0ZQoN _ w w w Z �' QOOU(D W 1 �v0 oWDof� v: ° w ¢d�w 4 Q) w J V) W CL O o Q c as) 311laa i;re 117 T'd N37179 W � �U OU 4Q w F- U U Z Q Z � W W ~ � Z a z � ZF w� V) I o ZU OQ w �p UUU- w w� 000 Q,� C� W Q z LU w O^ Lu + CU wQ V)00 LU o C� J�O V) W U w LU Q F— C] Z Z v) cn Q w w LL- U O 3 Q z w O lz O w F- LU w --7 Q Q w O UO Q- CL J N 0 M a1 a V �a a Wd S LZS-9 ELdUl4/l ' fine-L L L6-E7AZ-ue�d�ayseW 6uiuoZld W Ondluoddn5buiuoToao�ls]uafoid\sEMal.� COCOHATCHEE BAY PUDA 9.A.1.d (PL-20220001142) TRAFFIC IMPACT STATEMENT Packet Pg. 393 9.A.1.d 0 TREBILCOCK CONSULTING SOLUTIONS Traffic Impact Statement Cocohatchee Bay Planned Unit Development Amendment (PUDA) Prepared for: Lodge/Abbot Associates 3400 E. Lafeyette Street Detroit, M148207 Phone: 313-567-7000 Collier County, Florida 8/5/2022 Prepared by: Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Packet Pg. 394 9.A.1.d Cocohatchee Say PUUA — r!S —August 2022 Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. This item has been electronically signed and sealed by Norman J, Trebilcock, P.E., State of Florida license 47116, using a SFIA-1 authentication code. Printed copies of this document are not considered signed and sealed, and the SNA-1 authentication Code must be verified on any electronic copies. Trebilcock Consulting Solutions, PA +wA4tr. �GENB ' 0 '•. No 47116 ".T- S V. STATE OF : wY Digitally signed by Norman Trebilcock DN; c=U5, st;=Florida, I -Naples, o=Norman Trebilcock, cn,Norman Trebilcock, email=ntrebilcock@trebilcock.biz Date: 2022.08.05 12:26:32-04'00' Norman J. Trebilcock, A1CP, PTOE, PE FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27795 Page I a Packet Pg. 395 Cocohotchee Soy PUDA — T!S —August 2022 9.A.1.d Table of Contents ProjectDescription......................................................................................................................... 4 TripGeneration............................................................................................................................... 6 Trip Distribution and Assignment................................................................................................... 7 BackgroundTraffic........................................................................................................................ 10 Existing and Future Roadway Network......................................................................................... 10 Project Impacts to Area Roadway Network -Link Analysis............................................................ 11 SiteAccess Analysis....................................................................................................................... 12 ImprovementAnalysis.........................................................................................................1,....... 13 Mitigationof Impact..................................................................................................................... 13 Appendices Appendix A Project Conceptual Site Plan.................................................................................... 14 Appendix B Initial Meeting Checklist (Methodology Meeting) ................................................... 16 Appendix C ITE Trip Generation Calculations.............................................................................. 23 Trebilcock Consulting SOIIItions, PA P a g e 1 3 m aD aD t 0 U 0 U N T 0 0 0 N N CO N J a 0 CO LO N Packet Pg. 396 9.A.1.d Cocohatchee Bay PUDA — T!5 —August 2022 Project Description The Cocohatchee Bay project is located north of Wiggins Pass Rd alongside each side of Vanderbilt Dr and lies within Section 16, 17, and 18, Township48 South, Range 25 East, in Collier County, Florida. The subject property is approximately 582.09 acres in size. Refer to Figure 1— Project Location Map and Appendix A: Project Conceptual Site Plan. Figure 1--Project Location Map i --`� TJ 4 • Gaf iulo j 901 ° ❑ l * boom M■■■�rr■*r Mrrr■fi�fi Stalerery beac-� Stale l?rererye 0+' * �++ i * r a r.011111.1d 1 I' Gui p ■ M r ■ fi • " • ! ■ Q #�+ COCOHATCHEE C9 ��+++ _ ito M w BAY PU❑ a I r r ■ ■ Z z i �■■r■rA■■7 4I 8 �J, Pass SlVre Pas � Pass stare Parktoo . . i t ih Ay,* iV ® Immokalee t1d r ! a E$ ]OA[h Aye N - 74grd 4ve N 'I 1 401 41 i Trebilcock ConsultWg SOIUU0115, PA P age 14 m aD m t t 0 U 0 0 N O O 0 N N O N J d O le O 1n Packet Pg. 397 9.A.1.d Cocohotchee Boy PUDA — T15 —August 2022 Currently, the subject parcel to the west of Vanderbilt Dr is partially developed. The parcel to the east of Vanderbilt Dr is undeveloped. The subject development was previously approved with a zoning classification of Planned Unit Development (PUD) to allow 590 multi -family units and a golf course with 2 single family units available to be subtracted from multifamily in accordance with Collier County Ordinance 42000-88. The purpose of this report is to document the transportation impacts associated with the proposed Planned Unit Development Amendment (PUDA). The proposed amendment requests to allow up to 600 multi -family dwelling units. In addition, the allocation for 2 single family units is to be removed and criteria to allow essential services in the form of a Fire Station along US 41 are to be added. This report will also establish a trip cap for the PUD based on the total two-way PM peak hour trips. Project access points are proposed to be adjusted from the existing approved master plan. An underpass would be used between the west and east parcel that would be available for golf course traffic. The golf course traffic would use this underpass and would not use any external roadways. This traffic report is in agreement with the latest adopted Collier County Traffic Impact Study Guidelines and Procedures. The project provides the highest and best use scenario with respect to the project's proposed trip generation. Consistent with the recommendations illustrated in Collier County Traffic Impact Study Guidelines and Procedures, traffic generation associated with the proposed development is evaluated based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11t" Edition and ITF Trip Generation Handbook, 3rd Edition. In agreement with ITE Land Use Code (LUC) descriptions, the ITE land use designations are illustrated in Table 1. Table 1 Development Program Development ITE Land Use ITE Land Use Code SIC Code Total Size Approved by Ordinance #2000-88 Multifamily (High -Rise) Housing 222 N/A 590 units Golf Course 430 7997 18 holes Proposed PUDA Multifamily (High -Rise) Housing 222 N/A 600 units Golf Course 430 7997 18 holes Fire Station 575 9224 10,000 sf An initial methodology meeting was held with the Collier County Transportation Planning staff on April 16, 2022, via email. Refer to Appendix B: Initial Meeting Checklist (Methodology Meeting). Proposed access points to the surrounding roadway network are depicted in the Conceptual Site Plan (as referenced in Appendix A). There are currently two accesses to the Kalea Bay property west of Vanderbilt Dr. The access to the south is a full movement connection and the north is a right-in/right-out only. There are currently two proposed access points on Wiggins Pass Rd. The west entrance is to remain as proposed and the east entrance is to be adjusted westward. A new access is proposed on Tamiami Trial N (US 41) Trebilcock Consulting Solutions, PA P a g e I S Packet Pg. 398 9.A.1.d Cocohatchee Bay PUDA — T15 —August 2022 for the use of the essential services development. An underpass will be provided that residents can use to access the golf course and avoid any external roadways. Proposed project accesses are subject to Collier County Resolution #13-257 and Collier County "Construction Standards Handbook for Work Within the Right -Of -Way". Trip Generation The software program OTISS (Online Traffic Impact Study Software), most current version is used to evaluate the projected trip generation for the project. The ITE equations and/or rates are used for the trip generation calculations, as applicable. The ITE — OTISS trip generation calculation worksheets are provided in Appendix C: ITE Trip Generation Calculations. The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. In accordance with Collier County and ITE guidelines, no internal capture is recommended for the analyzed land uses. The pass -by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination. In accordance with Collier County and ITE guidelines, no pass -by reductions are recommended for the analyzed land uses. The golf course is a private entity to the Kalea Bay development. There is a golf cart underpass that may be used and, conservatively, no internal capture has been taken in this analysis review. The estimated trip generation associated with the approved development parameters is illustrated in Table 2A. The traffic evaluation for the proposed PUDA development conditions is summarized in Table 213. Table 2A Trip Generation — Approved Development — Average Weekday Development Daily Volume AM Peak Hour PM Peak Hour ITE Land Use Size' Enter Exit Total Enter Exit Total Multifamily Housing (High -Rise) 590 du 2,595 51 98 149 99 78 177 Golf Course 18 holes 547 25 7 32 28 24 52 Total Traffic 3,142 76 105 181 127 102 229 Note(s): 1) du = dwelling units. Trebilccck Consulting Solutions, PA P a g e 1 6 Packet Pg. 399 9.A.1.d Cocohotchee Bay PUDA — TJS —August 2022 Table 2B Trip Generation — Proposed PUDA Build -out Conditions — Average Weekday Daily Development Two -Way AM Peak Hour PM Peak Hour Volume ITE Land Use Size' Enter Exit Total Enter Exit Total Multifamily Housing 600 du 2,633 51 100 151 100 79 179 (High -Rise) Golf Course 18 holes 547 25 7 32 28 24 52 Fire Station 10,000 sf - - - - 1 4 5 Total Traffic 3,180 76 107 183 129 107 1 236 Note(s): 1) du = dwelling units. sf = square feet In agreement with the Collier County Traffic Impact Study (TIS) guidelines, significantly impacted roadways are identified based on the proposed project highest peak hour trip generation (net external traffic) and consistent with the peak hour of the adjacent street traffic. Based on the information contained in Collier County Annual Update and Inventory Report (AUIR), the peak hour for adjacent roadway network is PM. A trip cap of 236 PM peak hour trips would be sufficient for the proposed PUDA. Forthe purpose of this TIS, projected traffic impact is analyzed based on the PM peak hour net new traffic generated by the proposed PUDA project as illustrated in Table 2C. Table 2C represents the difference between Table 2A and Table 2B. Table 2C Trip Generation — Projected Net New Traffic — Average Weekday Development PM Peak Hour' Enter Exit Total Approved Development 127 102 229 Proposed Development PUDA 129 107 236 Net New Traffic 2 5 7 Note(s): 1) Refer to Table 2A and Table 2B. Trip Distribution and Assignment The traffic generated by the development is assigned to the adjacent roadways using the knowledge of the area and as coordinated with Collier County Transportation Planning staff. The residential development entrance is on Vanderbilt Rd and the fire station entrance is on US 41. Trebilcock Consulting Solutions, PA P a g e 17 Packet Pg. 400 9.A.1.d Cocohotchee Bay PUDA —TIS —August 2022 The site -generated trip distribution is shown in Table 3, Project Traffic Distribution for Peak Hour and is graphically depicted in Figure 2. Table 3 Project Traffic Distribution for Peak Hour PM Peak Hour Collier Distribution of Project Project Traffic Roadway Link County Roadway Link Location Traffic Volume Link No. Enter Exit Bonita Beach Rd to 100% of net new Vanderbilt Dr. 114.0 NB — 1 SB —1 Wiggins Pass Road residential traffic Lee County Line to 100% of fire station US 41 98 0 Immokalee Rd traffic NB —1 SB — 4 Note(s): Peak hour, peak direction traffic volumes are underlined and bold to be used in Roadway Link Level of Service calculations. Trebilcock Consulting Solutions, PA P a g e 1 8 Packet Pg. 401 9.A.1.d Cocohotchee gay PUDA — T!S —August 2022 Figure 2 — Project Distribution by Percentage and by PM Peak Hour m IjAfClnnll3CACN ■■■-1 mop ■r4�r■■■OEM ..r■■■most I 100%pT r 0 V Slaty i'r�,grve * I'll Slllr6f1 y 1pp%p! W •#■■r.a Tf7irIC (j I Resroerrtlal . � . � �J r Trarcc # I C ■'y # IL #err■■#■r■i �. ■ •g3 i ) O N ■ 04 F r .. N ■ ■ ■' r■«�wr■e O ] PROJECT TRAFFIC J * r ° DISTRIBUTI MAP BY M + PERCENTAGE d CD •�r■■�r4i 41,. 00 • 00 ! • to llrinw-14+ggurs t 1 1 Y t'4m7 Starr F'neh I� 1 1 i•+; �_�_ � � N - o N 1 a •► n N a. ■■ � ry O '. o LDI l3eACF# R■■■r■■■ti■■srY#■■■■■■■■.#1 _�� state 1'rrr.rrvr � Enter: 1 `� Q' i ■Aa ■■■■Exd.4 I(h�s � Enter' 1 ■ ■ I Eki,. t ■ rt I m err■r.■ryMA ti I m a. r ■■ c is 4 �t,al. V + r ■ r d � ��0 4 R4�! V h r + PROJECT TRAFFIC ' ■ - DISTRIBUTION MAP BY d PERCENTAGE >% a I � d Ilrlrinr- Wrgq�ns � t'asv Store t'nwk V or ci I "T N 8 9 ImmokRlRe lid ! I V Trebilcock Consulting Solutions, PA P a g e I Ii Packet Pg. 402 9.A.1.d Cocohatchee Bay PUDA — TIS — August 2022 Background Traffic Average background traffic growth rates were estimated forth e segments of the roadway network in the study area using the Collier County Transportation Planning Staff guidance of a minimum 2% growth rate, or the historical growth rate estimated based on the peak hour peak direction volume (estimated from 2008 through 2021), whichever is greater. Another way to derive the background traffic is to use the 2021 AUIR volume plus the trip bank volume. Table 4, Background Traffic without Project, illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the future horizon year 2026. Table 4 Background Traffic without Project (2021 - 2026) 2026 Projected 2026 2021 AUIR Projected Pk Hr, Peak Dir Projected Pk CC Pk Hr, Pk Traffic Background Hr, Peak Dir Roadway AUIR Roadway Link Dir Annual Growth Traffic Volume Trip Background Link Link ID Location Background Growth Factor w/out Project Bank Traffic Volume # Traffic Rate (trips/hr) w/out Project volume (%/yr)* Growth (trips/hr) Trip (trips/hr) Factor** Bank*** Bonita Beach Vanderbilt 114.0 Rd to Wiggins 500 2.00% 1.1041 552 33 533 Dr. Pass Rd Lee County Line US 41 98.0 to Immokalee 2,010 2.00% 1.1041 2,219 57 2,067 Rd Note(s): *Annual Growth Rate — based on peak hour peak direction volume (from 2008 through 2021), 2% minimum. **Growth Factor= (1+Annual Growth Rate)s. 2026 Projected Volume = 2021 AUIR Volume x Growth Factor. ***2026 Projected Volume = 2021 AUIR Volume +Trip Bank. The projected 2026 Peak Hour— Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which is underlined and bold as applicable. Existing and Future Roadway Network The existing roadway conditions are extracted from the 2021 Annual Update and Inventory Report (AUIR) and the project roadway conditions are based on the current Collier County 5-Year Work Program. Roadway improvements that are currently under construction or are scheduled to be constructed within the 5- year Transportation Improvement Plan (TIP) or Capital Improvement program (CIP) are considered to be committed improvements. As no such improvements were identified in the Collier County 2021 AUIR, the evaluated roadways are anticipated to remain as such through project build -out. The existing and future roadway conditions are illustrated in Table 5, Existing and Future Roadway Conditions. TrebilmCk Consulting Solutions, PA P a g e 1 10 Packet Pg. 403 9.A.1.d Cocohotchee Boy PUDA — TIS —August 2022 Table 5 Existing and Future Roadway Conditions 2021 Peak 2026 Peak 2021 2026 2026 2021 Dir, Peak Dir, Peak CC AUIR Roadway Link Min. Project Min. Roadway Link Roadway Hr Hr Link ID # Location Standard Build out Standard Condition Capacity Capacity LOS Roadway LOS Volume Volume Bonita Beach Rd Vanderbilt Dr. 114.0 to Wiggins Pass 2U E 1,000 2U E 1,000 Road Lee County Line US 41 gg 0 6D E 3,100 6D E 3,100 to Immokalee Rd Note(s): 21J = 2-lane undivided roadway; 4D, 6D, 8D=4-lane, 6-lane, 8-lane divided roadway, respectively; LOS= Level of Service. Project Impacts to Area Roadway Network -Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project, which were evaluated to determine the project impacts to the area roadway network in the future. The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accessed by the project; 3% for other subsequent links and if the roadway is projected to operate below the adopted LOS standard. Based on these criteria, this project does not create any significant and adverse impacts to the area roadway network. None of the analyzed links are projected to exceed the adopted LOS standard with or without the project at 2026 future conditions. Table 6, Roadway Link Level of Service illustrates the LOS impacts of the project on the roadway network closest to the project. Table 6 Roadway Link Level of Service (LOS) - With Project in the Year 2026 Roadway 2026 2026 �° Vol Min LOS Min LOS CC Link Peak Peak Dir ' Dir, Capacity exceeded exceeded Roadway AUIR ', Roadway Link Peak Hr Dir, Peak Peak Hr Impact Link Link Location Hr (Project Volume without with ID # Capacity Vol w/Project By Project? Project? Volume project Yes/No Yes/No Added) Bonita Beach Rd Vanderbilt 114.0 to Wiggins Pass 1,000 NB-1 553 0.1% No No Dr. Rd US41 gg 0 Lee County Line 3,100 NB-1 2,220 0.0% No No to Immokalee Rd Note(s): *Refer to Table 3. **2026 Projected Volume = 2026 background (refer to Table 4) + Project Volume added. Trebilcock Consulting Solutions, PA P a g e 1 11 T Packet Pg. 404 9.A.1.d Cocohatchee Say PUDA — T15 —August 2022 Site Access Analysis Proposed access points to the surrounding roadway network are depicted in the Conceptual Site Plan (as referenced in Appendix A). Currently the subject site provides connections on Vanderbilt Dr to the property to the west as follows: an unrestricted entrance to the south and a right-in/right-out only connection to the north for residents only. The amendment proposes to adjust the location of a proposed connection on Wiggins Pass Rd. There are two unrestricted connections to Wiggins Pass Rd, one to the west and one to the east to serve the future golf course. The east connection is proposed to be moved west. Vanderbilt Dr is an undivided two-lane roadway and has a posted speed limit of 45 mph. Wiggins Pass Rd is an undivided two-lane roadway and has a posted speed limit of 45 mph. Tamiami Trial N is a six -lane divided arterial roadway with a posted speed limit of 50 mph. Collier County's roadway network is comprised of State, County, City and privately maintained roadways. Roadways aregenerally classified as Arterial, Collector, or Local. Forthe purposes of this report, Vanderbilt Dr and Wiggins Pass Rd are both collector roadways. Access management is the design of access between roadways and land development. It promotes the efficient and safe movement of people and goods by reducing conflicts on the roadway system. The latest adopted Access Management Policy for Collier County is depicted in Resolution No. 13-257, as amended. As illustrated in the Collier County Transportation Planning Development Guidebook, both Vanderbilt Dr and Wiggins Pass Rd are classified as Class 4. Tamiami Trail N (US-41) is classified as a Class 3 roadway. Consistent with a Class 4 designation, the established access management criteria states that connections spacing for a roadway with a posted speed limit of 45 mph or greater must be at a minimum of 660 feet. Project Access — Vanderbilt Dr The projects southern connection on Vanderbilt Dr is an existing full movement connection. The projects northern connection on Vanderbilt Dr is an existing right-in/right-out resident only connection. Existing permitted connections are not subject to access management criteria. Project Access — Wiggins Pass Rd Two project accesses are proposed on Wiggins Pass Rd for access to the parcel to the north. Per access management guidelines, project connections should be spaced at a minimum of 660 ft. Proposed connection locations are approximate and access management criteria will be referenced when more specific development parameters are made available. Trebilcock Consulting Solutions, PA P a g e 1 12 Packet Pg. 405 9.A.1.d Cocohatchee Boy PUDA — TIS — August 2022 Project Access - Tamiami Trail N The proposed connection to Tam iami Trail N has an existing driveway. The existing configuration is a right- in/right-out with a directional left -in. Existing permitted connections are not subject to access management criteria. Improvement Analysis The maximum total trip generation for the project shall not exceed 236 two-way, PM peak hour net trips based on the use codes in the ITE Trip Generation Manual for trip generation rates in effect at the time of the application for SDP/SDPA or subdivision plat approval. The proposed connections on Wiggins Pass Rd will be spaced according to Collier County Resolution No. 13-257 at time of development. A detailed evaluation of applicable access points —turn lane requirements will be performed at the time of site development permitting/platting when more specific development parameters will be made available. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project, as applicable. Trebilcock Consulting Solutions, PA P a g e 1 13 Packet Pg. 406 9.A.1.d Cocohatchee Bay PUDA — TIS —August 2022 Appendix A Project Conceptual Site Plan Trebilcock Consulting Solutions, PA P a g e 114 Packet Pg. 407 OVSSZ) (MMOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo;e OOOO - a }}d :;uawyoe;;d ST 1 0 S c d Z 0 m vc.l�m m ;PC c �OCOZ m Z0��^ c)n0a O�om SON ��0 ozo ZM c xr- zZ m0 �m tN -0 �� O y m D Z CD-- >m Z n < ny >n nz 0 + m �r n0 �m + �D r 0 myM m m C m G) y D A D Z m D D Z n m 'dd 'suoi}nloS 2uijjnsuoD �juo�)Iigaal III l_ � 1 l 3± l (�Ivyl nrrV•\'1' • 7Z0Z7sn&V-SI1-vondr(n8aaq-? nDq-0 00 0 a a 9.A.1.d Cocohatchee Bay PUDA — TS —August 2022 Appendix B Initial Meeting Checklist (Methodology Meeting) Trebilcock Consulting Solutions, PA P a g e 1 16 Packet Pg. 409 9.A.1.d Cocohotchee Boy PUDA — TIS — August 2022 L\iTLAL.11PTM�G CBEC L ST Sugzestiou: i-se this Appendix as a w orksheet to ensure that no important elemeuts are overlooked. Cross out the items that do not apply, or N/A (not applicable). Date: April 16.2021 Time: N:'A Location: N:'A— Via Email People Attendiu2: Nance. Organization_ and Telephone Ntunbers 1) Michael SaEZ er — Collier County Transportation Planniito 2) Norman Trebilcock, TCS 3) Bailey hlutiu TCS 4) Ciprian Nfalaescu_ TCS Study Preparer: Preparers 'Name and Title: Nornum Trebilcock. UC'P. PTOE. PE Organization: Trebilcock Consulting Solutions_ PA Address & Telephone Niunber. 2500 Danis Boulevard- Suite 100. Naples. FL 34104: ph '39-566-9551 Reidewer(s): Reviewer's Name & Title: %Echael Sax,;er. Project N4anager Organization: Collier County Transportation PL-duung Department Telephone Number: 239-252.2926 'Anplicaut: Applicant's Name: Lodge'Abbot Associates Address- 3400 E_ Lafavette Street. Detroit_ hfI4S20? Telephone Number: 313-567-7000 Proposed Development:_ Name: Cocohotchee Ba:---PL-D Amendment Location: west of US 41. on Vanderbilt Dr and Wi¢gias Pass Rd (refer to Fig.1) Land Use Tape: hfultifamil .= Housing: Golf Course and Recreational Amenities. ITE Code T: Varies Description: The Cocohotchee Bay PLC project is cturentl-, apKoved to allow de;�eloMeut of up to 590 residential dwelling units. a golf course and recreational amenities. The subject PUD Amendment proposes to remo-ve the sin?le fantil:= units on the golf course. add aiteria to allwx a Fire Station aloha US 41. add 10 residential units and adjust project access locations on the niaster2lan_� Page 1 of 6 Trebilcock Consulting Solutions, PA P a g e 1 17 Packet Pg. 410 9.A.1.d Cocohotchee Boy PUDA TIS— August 2022 Zoning Exisftg: Cocohatchee Bay PT_TD — Qfd. # 1000-88 C=4)Tebensive plan rec=w=dation: NocIginge Requested: to allow proposed development Fig.1— Pro j"t Loudon Rlap I� 1��M�N / .� . } * 1 �■rw/rrit■•rR/w■■rirw M • y �, { F■w{/■r w • Y A ■ w • .......f r two PI UfiAta.Urt • r fIhyPur, ■ NrrRR*�� Findings of the Prel+mina Study ka x ti It1 ��ul hlr+ll.� I Y Yiill� Study tyM-- Since estimated project net new traffic volume is less than 54 PM 2-um peak hoty trips. this study Mwif4es for a Squall Scale ITS, The TIS will be consistent witb-Colbor..Cggat� Tl delix es and Procedures. The TIS will provide AM -PM peals hour trip generation. traffic distribution and assignments_ sigoific:mce test (based on 2%r'2w1o13■lo criterion), roadway link analysis site access evaluation. Trip Cmmtion — Institute of Transportation Engineers f M) Trip Generation Manual (TW. l l th F.ciitiou and M Trig Ckneraticn_Mandbook_ 3rd Edition, Page 2 of Trebiltock Consulting Solutions, PA Page 118 Packet Pg. 411 9.A.1.d Cocohotchee Bay PUDA — T15 =August 2022 C IL m IntenW Capture - due to the private wrare of the developmeur_ a 50% traffic reduction h � aRgligd lowards the wIf cours z Pass- y Deduction - no nays -by traffic is considered, V lioadwa~v concu rency�ysis - based on estimated net ne�� external pM peak how o traffic. U Site Access - Evaluate access restrictions based on cLuTent Access 10inagement Policy. O V Raadu av FMcti!pwd Classification- Vanderbiit Dr and Wiepins Pass Rd are classified as — � collector roaftrays. N v Concturency Manaaeruent Areas -- The proposed development is situated Mthin the County's designated Northwest Transportation Concti rency Management Area CTCMA). � The TCMA designation is provided in Policy 5.6 of the Transportation Element - Collier 0 N CpttntyGrowth Management Plan (G 211 o N J rL Study Type: (if not net increase, operational study) Small Scale TIS ❑ CD 00 LO Major T1S ❑ i Study Area:CD O O Boundaries: Vanderbilt Dr and Wisgim Pas Rd N Additional intersections to be aaalyzed: NI/A N Build -out Year Planning Horizon Year: 2 a Analysis Time Period(s): AA i and PM Peal: Hour � Futwe Off -Site Developmeuts: NIA O Source of Trip Generation Rates: ITE TGM 11 m Edition M a Keductions in Thin Ttip Generation Rates: 1e Norse: NSA 0 Pass -by trips (Pm): M m Internal trips: 50% Golf Cowse a Transit use: ) v Other: MA r, HayizOn Year Roadway Nettrorl: Improvements- 2026 0 `IethodoloXy & Assuigpfiunr : iL Non -site traffic estimates: Collier Cottnry traffic counts and 2021 AUIR Site -trip generation OTISS - HE TGM 11th Edition m Trip distribution: EM�Mer's Estiate - refer to Figure 2 m Traffic assigumeat method: oroiect trip Aenmtion with background gcro.lh Traffic grourth rate; historical Q "yh Tate or 2% minims t O V O U Trebilcock Consulting Solutions, PA Page 3of6 V Q d E s 0 a Page 119 Packet Pg. 412 9.A.1.d Cocohotchee Say PUUA — Tf5—August 2022 Figure 2 — Project Trip Disnibution by Percentage L �rs,., 7, ,,.y Baru.■:1■r■■..'...a a■a4 ■0 g p ff 9 0 4� ■ r • • • ■■•uaaa•ai .,.� ■ r r � • a iMaw .■a■4f M 17M. tIImAofN [ ,_ _ * II 1de.na 41 41 Trebilcock Consulting Solutions, PA Page 4 of 6 Page 120 Packet Pg. 413 9.A.1.d Cocchatchee Boy PUDA — TIS —August 2022 Special Eeattwes: (from preliminary study or prior experience) Accidents locations: JU Sight distance: YA Queuing: NIA Access location & cosfigutatioa: Nam• Traffic control: MUTC'D Signal system location & progression needs: YA On -site parking needs: NIA Data Sources: Collier County 2021 AUIIC Collier County Traffic Counts Base maps: NIA -- - Prior study reports: NIA Access policy and jurisdiction_ NIA Review process: NA Rcquirements: NIA Miscellaneous: YA Small Scale Study —No Fee X Minor Study - S750.00 Major Study- $1500.00 Methodology Fee $500.00 X Inclrs 0 intersections Additional intersections - S500-00 each All fees IF -ill be ogrerd fro dririrrg file?Ilethadolopr meeting arrd nicest be paid to Traasporfa6etr pirar to our sign-Gff arc the agplicaeiaN. SIGN AT -RE5 Study Preparer--Norman Trebilcock Rmewer(s) Applicant Pagc 5 of 6 Trebilcock Consulting Solutions, PA P a g e 1 21 Packet Pg. 414 9.A.1.d Cocohatchee Say PU DA -- 77S -August 2022 Collier County Traffic Impact Study Reaew Fee Schedtile Fees will be paid incrementally as the development proceeds. Methodology Review, Analysis Renew. and Sufficiency Re%iews. Fees for additional meetings or other optional seruickm- are also pro;rided below. Methodology Reties- - S500 Fee Methodology Relaew includes re'6ew of a subnutted medhodology statement. inchxhng re4iew of subuutted trip generation estirnate(s), distribution, assignment and review of a "Smll Scale Study" detetminatim wotten appmvAlcomments on a proposed methodology statemwnt_ and vAitten confirmation of are subiwitted, amended methodology statement_ and one meeting in Collier County, if needed_ "Small Scale Study"Relies• - to .additional Fee (Includes one sufficiency rc%icwl Upon approval of the methodology review. the applicant may submit the study. The review includes: a concivrency determination_ site access iu pection and coufimutton of the study compliance with trip generation, distribution and um.-lu �„ threshold compliance. "Minor Study Review" - $750 F+rc aodudes one sufficiency rekicW Rniew of the wbmtted traffic wavIri; includes: optional field visit to site, confirmation of trip generation, demibutim and as,;xVuk rnt, conctrtreney determination_ confirmation of committed miproviet k ts, renew of traic volume data coliectedlassembled, review of off -site improvements within the sight-of-ur*ay, teview of site access and circulation. and preparation and review of "stffiCiency" conlmeats,'questions. �lia for Study Bearer" - $1,500 Fee (Llcludn two intersection anal%-. ih a td two sufSciem re17ews Renew of the subautted traffic analysis mclwks: field visit to site, con£rnsation of trip generatrotl special trip generation and'vr trip length study. distribution and assignment. coucturency derenaai atiort_ confirmation of committed improvements, review of traffic vohtme data collene64ssembled. re�lew of traffic growth aaalysis_ review of oil site roadway operations and capacity analytic, review of site access and circulation- neighborhood traffic intrusion issues. any necessary imptavement proposals and associated cost estimates_ and preparation and review of up to two founds of 'nifficiency - ccmnwntsklttestiow aud'or recommended coruiiticns of appraval. "?additional intersection Re►ice - $S00 Fee The review of additional intersections shall Include the same parameters as outlined in the "Major Stud} ReOew- and shall apply to each intersection, above the first two intersections included in the 'Major Study Review " "Addidonal Sufficiency Rmies•s" - S500 Fee Additional suffs,cieacy reviens beyond those initially included in the appropnate ssndy- shall require the additional Fee prior to the completion of the review. page 6 of 6 Trebilcock Consulting Solutions, PA Page 122 Packet Pg. 415 9.A.1.d Cocohotchee Bay PUDA — TIS — August 2022 Appendix C ITE Trip Generation Calculations Trebilcock Consulting Solutions, PA P a g e 1 23 Packet Pg. 416 9.A.1.d Cocohotchee, Bay PUDA — TIS --August 2022 ITE Land Use Descriptions Land Use: 222 Multifamily Housing (High -Rise) Description High-rise multifamily housing includes apartments, townhouses, and condominiums. Each building has more than 10 floors of living space. Access to individual dwelling units Is through an outside building entrance, a lobby, elevators, and a set of hallways. Multifamily housing (low-rise) (Land Use 220), multifamily housing (mid -rise) (Land Use 221), off - campus student apartment (high-rise) (Land Use 227), and high-rise residential with ground -floor Commerdal (Land Use 232) are related land uses - Land Use Subcategory Data are presented f or two subcategories for this land use: (1) not close to rail transit and (2) close to rail transit. A site Is considered close to rail transit if the walking distance between the residential site entrance and the closest rail transit station entrance is w mile or less_ Additional Data For the 12 sites for which both the number of residents and the number of occupied dwelling units were available, there were an average of 1_6 residents per occupied dwelling unit. For the 26 sites for which the numbers of both total dwelling units and occupied dwelling units were available, an average of 98 percent of the total dwelling units were occupied. The technical appendices provide supporting informeton on time -of -day distributions for this land use. The appendices can be accessed through either the ITETnpGen web Opp or the trip generation resource page on the ITE website (ht!Rs://www.ite,org/technical-resoarcesltopicsltrip-andparking-peneratiorr!)_ For the 12 sites for which data were provided for both occupied dwelling units and residents, there was an average of 1.6 residents per occupied dwelling unit. For the 26 sites for which data were provided for both occupied dwelling units and total dwelling units, an average of 98 peroenl of the units were occupied. It is expected that the number of bedrooms and number of residents are likely correlated to the trips generated by a residential site. To assist in future analysis, trip generation studies of all multifamily housing should attempt to obtain information on occupancy rate and on the mix of residential unit sires (i.e., number of units by number of bedrooms at the site complex). The sites were Surveyed in the 1980s, the 2000s, and the 2010s in California, District of Columbia, Maryland, New Jersey, New York, Ontario (CAN), Oregon, Pennsylvania, and Virginia. Source Numbers 105, 168, 169, 237. 321, 356, 618, 86Z 901. 91D, 949, 963, 964, 966, 967,1056,1057, 1076, 1077 ■0#! General Urban/suburban and Rural (Land Uses 000-399) 205 Tr@bilcock Consulting Solutions, PA P ;i ,� o 1 N Packet Pg. 417 9.A.1.d Cocohotchee Say PUDA — T!S —August 2022 Land Use: 430 Golf Course Description A golf course is an expansive landscaped area that includes a series of golf holes, each consisting of a tee, fairway, and putting green. The site may have a driving range, clubhouse with a pro shop, restaurant, lounge, or bar-gaet facility. Winiature gulf course (Land Use 431), golf drivinq range (Land Use 432), ar,d r7rultipurpuse recreational facility (Larid Use 435) are related uses. Additional Data The golf courses in this land use are 9-, 18-, and 36-Bole municipal courses. The sites avers surveyed in the 19PROs, the 1990s, the 2000s. and the 2010s in Alberta (CAN), California, New Jersey, New York, Cregor, Pennsylvania, and Vermont_ Source Numbers 378, 407, 440, 629, 728, 925, 940, 970 �... General Urb�nrSuburban and Rural {Larid LUus ACC—Nlj',, 45 Trebilcock Consulting Solutions, PA P a g e 1 25 Packet Pg. 418 9.A.1.d Cocohatchee Bay PUDA — TIS —August 2022 Land Use: 575 Fire and Rescue Station Description A fTo ar.d rescue station is a building that hOLses emergen-y serV60rs equipment, firefighting apparatus, and thc, ind.viduals• that provide: emergency f,rofighting s_r,ic4s. Other services yornetimes offered through fire and rescue stations ir.ClLde er urgency rnedic-al, hazardous materials, rescue, safety training, and fire prevention ser: c.es. Additional Data TI,,c sites were sor~reyed in they 201 Cs in Oregon. Source Number '34 0 580 Pip lAneraaonPan-,aI'Iih'L-'iton, -NL;,Te4 "f Trebilcock Consulting Solutions, PA P a g e 1 26 Packet Pg. 419 9.A.1.d Cocohatchee Bay PUDA - DS -August 2022 ITE Trip Generation Project — Approved Conditions per CC Ordinance 2000-88 Trebilcock Consulting Solutions, PA P a g e 1 27 Packet Pg. 420 9.A.1.d Cocohotchee Boy PUDA — TIS —August 2022 Project Information Project Name: Cocohotchee Approved PUD No; Date; 8/3/2022 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 11th Ed Land Use Sae Weekday AM Peak Hour IPM Peak Hour Entry Exit Entry Exit Entry Exit 222 - Multifamily Housing (High -Rise) - Not Close to Rail Transit (General Urban/Suburban) 590 Owell[n8 Units 1298 129 5 98 99 78 Reduction 0 C C C Internal 0 0 0 C C 0 Pass -by C 0 C 0 C 0 Non -pass -by 1298 1297 51 98 99 78 430 - Golf Course (General Urban/Suburban) 18 Holes 274 273 25 7 28 2 Reduction 0 0 C 0 0 C Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 C Non -pass -by 274 273 25 7 28 2 Total 1572 1570 76 105 127 102 Total Reduction 0 0 0 0 0 Total internal C C C C Total Pass -by 0 0 0 C Total Non -pass -by '1572 157] 71 105 127 _02 Trebilcock Consulting Solutions, PA P a g e 1 28 Packet Pg. 421 9.A.1.d Cacohatchee Bay PUDA — T15 --August 2022 PERIOD SETTING Analysis Name: Weekday Project Name : Cocohatchee Approved PU❑ No: Date: 8/3/2022 City: 5tatelProvince: ZiplPostal Code: Country: Client Name: Analy'St'S NAM*,' Edition: Trip Generation Manual, 1 IIh Ed Land Use Independent Size Time Period Method Entry F-it Total Variable 222 - Multifamily dwelling Units 590(0) Weekday Best Fit (LIN) 1298 1297 2595 Housing (High -Rise) - T = 3.76 (X)+377.04 50% 50% Not Close 10 Rail Transit (General UrbanlSuburban) 430 - Golf Course Holes 1$ Weekday Average 27401 2730I 5ay0 (General 30.38 50% 50% Urban/Suburban) (0) indicates size out of range. (1) Indicates small sample Size, use carefully. ITE DEVIATION DETAILS Weekday l,anduse No deviations from ITE. Methods 222 - Multifamily Housing (High -Rise) - Not Dose to Rail Transit (General UrbarvSuburban) The chosen method (LIN) is not recommended by ITE_ iTE recommends Average based on the Criterion. External Trips 222 - Multfamily Housing (High -Rise) - Not CioSe to Rail Transit (General UrbanISUi)Urban) ITE does not recommend a particular pass-by%for this case- 430 - Golf Course (General UrbanlSuburbarr) ITE does not recommend a particular pass -by% for this case. Trebilcdck Consultirig 5oiutions, PA P a g e 1 29 R m ai (D t v t 0 U 0 U N O 0 0 N N 0 N J d 0 le 0 W) N Packet Pg. 422 9.A.1.d Cocohatchee Bay PUDA — T/S —August 2022 Analysis Name: AM Peak Hour Project Name: Cocohatchee Approved PUD No: Date: 8/3/2022 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 11th Ed Land Use Independent Size Time Period Method Entry Exit Total Variable 222 - Multifamily Dwelling Units 590 Weekday. Peak Best Fit (LIN) 51 98 149 Housing (High -Rise) - Hour of Adjacent T = 022 (X)+18.85 34% 66% Not Close to Rail Street Traffic, Transit (General One Hour Urban/Suburban) Between 7 and 9 a.m. 430 - Golf Course Holes 18 Weekday. Peak Average 25 7 32 (General Hour of Adjacent 1.76 78% 22% Urban.,Suburban) Street Traffic, One Hour Between 7 and 9 a.m. Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Landuse No deviations from ITE. Nlethods No deviatrons from ITE. External Trips 222 - Multifamily Housing (High -Rise) - No, Close to Rail Transit (General UrbaniSuburban) ITE does not recommend a particular pass-by%for trs case. 430 - Golf Course (General Urban'Suburban) ITE does not recommend a particular pass -by% for this case. Trebilcock Consulting Solutions, PA IL m N d z U O t O U O 0 N O 0 0 N N O N J IL 0 0 u7 Page 130 Packet Pg. 423 9.A.1.d Cocohotchee Boy PUDA — TiS —August 2022 Analysis Name: PM Peak Hour Project Name: Cocohatchee Approved PUD No: Date: 6.+3i2022 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use Independent Size Time Period Method Variable 222 - Multifamily Dwelling Units 590 Weekday, Peak Best Fit (LIN) Housing (High -Rise) - Hour Of Adjacent T = 0.26 (X)+23.'l2 Not Close to Rail Street Traffic, Transit (General One Hour UrbanlSuburban) Betveen 4 and 6 p.m_ 430 - Golf Course Holes 18 Weekday, Peak Average (General Hour of Adjacent 2.91 Urban?Suburban) Street Traffic, One Hour Between 4 and 6 p.m_ Trip Generation Manual, 11th Ed Entry Exit Total 99 78 177 56% 44% 28 24 52 54% 46% Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Landuse No deviations from ITE. Methods No deviations from ITE. External Trips 222 - Multifamily Housing (High -Rise) - Not Close to Rail Transit (General UrbardSuburban) ITE does not recommend a particular pass -by% for this case. 430 - Golf Course (General Urban+Suburban) ITE does not recommend a particular pass-byv% for this case. Trebilcock Consulting Solutions, PA P a g e 1 31 IL m N d z U O t O U O 0 N O 0 0 N N O N J d 0 0 u� Packet Pg. 424 9.A.1.d Cocohatchee Bay PUDA — T1S —August 2022 ITE Trip Generation Project — Proposed PUD Amendment Project Information Project Name: Cocohatchee PUDA No: Date: 4/22/2M City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition; Trip Generation Manual, 11th Ed Land Use Size Weekday AM Peak Hour PM Peak Hour Entry Exit Entry Exit Entry Exit 222 - Multifamily Housing (High -Rise) - Not Close to Rail Transit (General Urban/Suburban) 600 D-viel€ing Units 1317 1316 51 00 100 79 Reduction 0 0 0 0 0 0 Internal 0 0 0 C 0 0 Pas, —by 0 C 0 C C0 Non -pass -by 131 1316 51 100 100 79 430 - Golf Course (General Urban/Suburban) 18 Holes 274 273 25 7 28 24 Reduction 0 0 0 0 0 0 Internal C 0 C 0 0 0 Pass -by C 0 0 0 C 0 Non -pass -by 274 273 25 7 28 24 Total 1591 1589 76 107 12 103 Total Reduction C 0 0 0 0 Total Internal 0 C 0 0 Total Pass -by 0 C 0 0 Total Non -pass -by 15?1 i5?'9 76 107 12 103 Trebilccck Consulting Solutions, PA P a g e 132 Packet Pg. 425 9.A.1.d Cocohatchee Say PUDA -- VS --August 2022 PERIOD SETTING C - a m Analysis Name; Weekday (D Project Name : Cotohatchee PUDA No U Fate: 4/2212022 City. � StatelProvince: Zip/Postal Code: t O ra Country: client Name: V Analyst's Namev Edition. Trip Generation Manual, 1 ith , Ed N Lanz! Use Independent Size Time Period Method Entry Exit Total CD 0 222 - Multlfamily Dwelling Units 600te1 Weekday Best Fit (LIN) 1317 131G 2633 N Housing (High -Rise) - T = 3.76 (X)+377.04 50% 50% N Not Close to Rail J Transit (General d UrbanlSuburban) c 430 - Golf Course Holes 18 Weekday Average 2740; 2731" SO(" (General 30.38 50% 50% co UrbanlSuburban) (0) indicates size out of range. N (1) Indicates small sample size, use carefully. Iq 1TE DEVIATION DETAILS Weekday Landuse No deviatlohs fi M ITE. Methods 222 - Multifamily Housing (High -Rise) - Not Close to Rail Transit (General UrbanlSuburban) The chosen method (LIN) is not reeMiTiended by FTE- ITE WcOrnmend8 Average based On the crne-flan. Edemal Trips 222 • Multifamily Housing (High -Rise) - Not Close to Rail Transit (General UrbarVSuburban) tTE does not recommend a particular pass -by% for this Case, 430 - Golf COurSe (General ufbanfSUburban) ITE does not recommend a particular pas&W% for this case. Trebilcecl4 Consulting Solutions, PA Page 133 Packet Pg. 426 9.A.1.d Cocohatchee Bay PUDA — T15 —August 2022 Analysis Name: Project Name Date: State/Province: Country: Analyst's Name: AM Peak Hour Cocohatchee PUDA 4/22J2022 No : City: Zip/Postal Code: Client Name: Edition: Trip Generation Manual, 11th Ed Land Use Independent Size Time Period Method Entry Exit Total Variable 222 - Multifamily Dwelling Units 600 Weekday, Peak Best Fit (LIN) 51 100 151 Housing (High -Rise) - Hour of Adjacent T = 022 (X)+18.85 34% 66% Not Close to Rail Street Traffic, Transit (General One Hour Urban/Suburban) Between 7 and 9 a.m. 430 - Golf Course Holes 18 Weekday, Peak Average 25 7 32 (General Hour of Adjacent 1.76 78% 22% Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a,m. Landuse No deviations from ITE. h.lethocis No deviations from ITE. External Trips 222 - IAultifamily Housing (High -Rise) - Not Close to Rail Transit (General Urban!Suburban) ITE does not recommend a particular pass -by% for this case. 430 - Golf Course (General UrbanlSuburban) ITE does not recommend a particular pass -by% for this case. Trebilcock Consulting Solutions, PA IL m N d z U O t O U O v N O 0 0 N N O N J d 0 0 rn Page 1 34 Packet Pg. 427 9.A.1.d Cocohotchee Soy PUDA — T1S —August 2022 Analysis Name: PM Peak Hour Project Name : Cocohatchee PUDA No; Date: 4/22/2022 City: StatelProvince: ZiplPostal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 11th Ed Land Use Independent Size Time Period Method Entry Exit Total Variable 222 - Multifamily Dwelling Units 600 Weekday, Peak Best Fit (LIN) 100 79 179 Housing (High -Rise) - Hour of Adjacent T = 026 (X)+23.12 56% 44% Not Close to Rail Street Traffic, Transit (General One Hour UrbanlSuburban) Between 4 and 6 P.M. 430 - Golf Course Holes 18 Weekday, Peak Average 28 24 52 (General Hour of Adjacent 2.91 54°jb 46% UrbanlSuburban) Street Traffic, One Hour Between 4 and 6 P.m. Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Landuse No deviatDns from ITE. klethods No deviatons from ITE- External Trips 222 - Nlultfamily Housing (High -Rise) - Not Close tc Rail Transit (General UrbanfSuburban) ITE does not recommend a particular pass -by% for this case. 430 - Golf Course (General UrbanlSuburban) ITE does not recommend a particular pass -by% for this case_ Trebilcock Consulting Solutions, PA IL m aD d z U r O t O U O V N O 0 0 N N 0 N J d 0 0 Page 135 Packet Pg. 428 9.A.1.d Cocohatchee Bay PUDA — TIS —August 2022 Project Information Project Name: Cocohatchee Fire Station No: Date: 8/3/2022 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 11th Ed Land Use Size PM Peak Hour Entry Exit 575 - Fire and Rescue Station (General Urban/Suburban) 10 1000 Sq. Ft. GFA 1 4 Reduction 0 0 Internal 0 0 Pass -by 0 0 Non -pass -by 1 4 Total 1 4 Total Reduction 0 0 Totallnternal 0 0 Total Pass -by 0 0 Total Non -pass -by 1 4 Trebilcock Consulting Solutions, PA P a g e 1 36 Packet Pg. 429 9.A.1.d Cocohatchee Boy PUDA TIS -August 2022 PERIOD SETTING Analysis Name: PM Peak Hour Project Name: CDCohl=ee Fire Station NO: Date, 8/312022 City: State/Province: ZiplPostal Code: country; Client Name: Analyst's Name: Elution.' Land Use Independent Size Time Period Method Variable 575 • Fire and Rescue 1000 Sq Ft GFA 10 Weekday_ Peak Average Station (General Hour of Adjacent 0.48 Urban/Suburban) Street Traffic, One Hour Between 4 and 8 p.m. (0) Indicates small sample size, use carefully, ITE DEVIATION DETAILS Weekday, Peak Hour of Adjacent Street Traffic, One Hour Berween 4 and B p.m. Landuse No deviations from ITE. Methods No devlations from ITE, External Trips 575 - Fire and Rescue Station (General UrbanlSuburban) ITE does not recommend a particular pass -by% for this case. Trip Generation Manual, 11 th Ed Entry Exit Total 1yytOj)/ 4{01 viol 20 N 80% TreWcock Consulting Solutions, PA P a g e 117 IL m N d z V r O t O U O 0 N O 0 0 N N 0 N J IL 0 0 to N Packet Pg. 430 COCOHATCHEE BAY PUDA 9.A.1.d (PL-20220001142) SCHOOL IMPACT ANALYSIS APPLICATION Packet Pg. 431 9.A.1.d 4rict Schoo/ � o �V"Collier Cavrl ' Collier County School [district School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentationlinformation may be requested during the review process. Far information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check [JI type of application request {one only}: [XI School Capacity Review [ ] Exemption Letter [ ] Concurrency Determination [ ] Concurrency Determination Amendment For descriptions of the types of review please see page 3, I. Project Information: Project Name: Cocohatchee Say PUDA Municipality: Collier Count Parcel ID#: (attach separate sheet for multiple parcels): 00142240003, 00154580004, _ t]0155884207, 00156920006, 00156120009,00156400004 and 00156680002 Location/Address of subject property; Located on both sides of Vanderbilt Drive, north of Wiggins pass Rd. with the preserve tract south of Wiagins Pass Rd. on the west side of Vanderbilt Drive. Closest Major Intersection: Vanderbilt Drive and Wiggins Pass Road II. Ownership/Agent Information: Applicant Name(s): Karen Bishop/PMS Inc, of Naples Agent/Contact Person: Robert J. Mulhere, FAICP. Preside.ntlCEO/Hole Montes, Inc. (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: 050 Encore Way, Naples, FL 34110 Telephone#: 239-254-2018 Fax: 239-254-2099 Email hohmulhere(c3 hmeng.com I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true an"orrect to the best of my knowledge. Owner or Authorized Agent Signature III. Development Information 22_ Date Project Data Unit TXpes defined on page 2 of application) Current Land Use Designation: Urban Residential -- Coastal High Hazard Area Proposed Land Use Designation: Urban Residential — Coastal High Hazard Area Current zoning: PUD Project Acreage: 532.091 Unit Type: SP Proposed Zoning: PUD MF MH C G Total Units CurrentlyAllowed b T e: 590 Total Units Proposed by Type, 600 Is this a phased ro'ect: No If yes, please complete page 2 of this application. Dateltime stamp: Packet Pg. 432 9.A.1.d COCOHATCHEE SAY PUDA (PL-20220001142) KALEA BAY TOWER 500 SUN STUDY -17 STORY Packet Pg. 434 OVSSZ) (M LOOOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo}ey000a - 3 llv :}uauiyoe}}d Fuvm) m a. m a CD LO O O m P o (L) O N u o OVSSZ) (M LOOOZZOZ-1d) sooa dn-moes adaa vand Aee aayNey000a - 3 liv :}uauayoe}}d CD Cl) a m m a OVSSZ) (M LOOOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo}ey000a - 3 llv :}uauiyoe}}d ti M m a m m a 0 >, Q) o OVSSZ) (M LOOOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo}ey000a - 3 llv :}uauiyoe}}d Fovmo m a m a 1 OVSSZ) (M LOOOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo}ey000a - 3 llv :}uauiyoe}}d Favm) m a. 1 d CD O LO N O C) m O a E 0 3 E 0 c� N OVSSZ) (M LOOOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo}ey000a - 3 Uv :}uauiyoe}}d F-it m ` a m a 9.A.1.d COCOHATCHEE BAY PUDA (PL-20220001142) KALEA BAY TOWER 500 SUN STUDY - 20 STORY Packet Pg. 441 OVSSZ) (M LOOOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo}ey000a - 3 UV :}uauiyoe}}d 0 N a1 a m m a OVSSZ) (MLOOOZZOZ-1d) sooa dn-moe8 adaa vand Ae8 aayoMy000a -:0 UV :}uauayoe}}d n -t— �\ V) V LO. nL W 0 n� _W sz O M a m m a OVSSZ) (M LOOOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo}ey000a - 311V :}uauiyoe}}d a m m a 0 a V) O O L O E C) C) On 9 03 W O N Ti A C d D OVSSZ) (M LOOOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo}ey000a - 311V :}uauiyoe}}d LO a m m a OVSSZ) (M LOOOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo}ey000a - 3 UV :}uauiyoe}}d d D +- cn u U C N CD O L E D CD � r CV m Q� > _ O U Q) O n 0 a m m a d C- t/) O O N LO u U O E O o m N o `�' N Q OVSSZ) (M LOOOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo}ey000a - 3 UV :}uauiyoe}}d a m m a 9.A.1.d COCOHATCHEE BAY PUDA (PL-20220001142) SETTLEMENT AGREEMENT & RELEASE (OR 4368 PG 2345) Packet Pg. 448 Mtn: 4176441 OR: 4368 PG; 2345 9.A.1.d ROC 826 CLERIC TO THE BOARD RECORDED iTa the OPPICIAL RECORDS of COLLIER CO0NTY, FL COPIEESS 97.00 7 INTEROFFICE 4TH FLOOR 06/10/2008 at 10:46AH DAIGHT E. BROCA, CLERK EIT 7240 SETTLEMENT AGREEMENT AND RELEASE a This Settlement Agreement and Release ("Agreement and Release") is made and m a� a� entered into on this day of,�,� , 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, o U LLC ("Lodge"). r r WITNESSETH: o 0 N WHEREAS, on or around May 10, 2005, the County denied Lodge's Planned Unit N 0 J a Development ("PUD") Amendment request, a request that more specifically asked for an c 00 LO amendment to the PUD's Bald Eagle Maijag��rripnt-Plan; and WHEREAS, the PUD }rir u soon is also somciiIn -s referred to as the Cocohatchee Bay PUD; and WHEREAS, Lodg' filed a pelticanoetorh ii,th Trentieth Judicial Circuit in and for Collier County, F on a "trr attack the "C t pty'9 &i�i a concerning the proposed amendment to the PUD's Bal&,PKle Management Pl'a x,tl at a e being styled Lodge Abbott Associates, LLC v. Collier Countys; as . o.., Q5-3617- ;CAYan, WHEREAS, on or around May 1, 206, Lodge submitted a notice of claim to the County purportedly, among other things, pursuant to the Bert J. Harris, Jr., Private Property Rights Protection Act ("Bert Harris Act"), Section 70.001 et seq., Fla. Stat.; and WHEREAS, in accordance with Section 70.001(4)(c) of the Bert Harris Act, the County met at a regularly scheduled meeting on December 12, 2006 and authorized the making of a written settlement offer to resolve any and all claims Lodge had against the County; and WHEREAS, this Agreement and Release protects the public interest served by the regulations at issue. 1 2/28/08 revision Packet Pg. 449 OR: 4368 PG; 2346 NOW, THEREFORE, in consideration of the mutual covenants set forth in this a Agreement and Release, the sufficiency of which is acknowledged, and with the intent to be m a� a� legally bound, Lodge and the County mutually agree to the following: 1. The County and Lodge agree to adopt and incorporate the foregoing recitals, o U sometimes referred to as "Whereas clauses" by reference into this Agreement and Release. r r 2. The settlement documents will consist of the original PUD Ord. No. 2000-88 0 0 N N (Exhibit 1), the amended PUD (Exhibit 2), the revised Bald Eagle Management Plan for the Co J a amended PUD (attached as Exhibit "B" to the amended PUD), a phasing diagram entitled c 00 "Cocohatchee Bay Golf Course Exhibit" (Fxhib� ),.and a Pathway Depiction (Exhibit 4). p `�, ••.. v'�Vie"-. �'• � This Agreement and Release,+ x �essly states the a6p able deviations in development r r standards from the original PUD,.:" Absent ait�xpres term in his'Agreement and Release, the N N F original PUD will control. IV p� � �' y � f ` 1 ��.� � �� ,; E J a £� d 3. The settlen�e�tit� "shiif be`&dnting6ht Uf5 T tl e site development plans c ("SDPs") that Lodge has suhtd being approved y the;unty, in accordance with the rules and regulations of the Co> ty�as-wu1L_as _the'de,v l4pment standards set forth in the original PUD and as may be varied by the express terms of this Agreement and Release. These three SDPs are identified as AR5282, AR5283 and AR5284. 4. The County will expedite the review of these three SDPs and all future building permit applications submitted by Lodge. The existing environmental impact statement ("EIS") does not need to be amended unless the SDPs are revised to increase wetland impact beyond the impact currently permitted by the South Florida Water Management District and the U.S. Army Corps of Engineers by more than five (5%) percent. 5. Lodge agrees to contribute $3 million to the County for affordable workforce housing. Payment shall be made at the rate of $600,000 for each of five (5) residential 2 2/28/08 revision Packet Pg. 450 OR: 4368 PG: 2347 9•A.1.d condominium buildings to be built by Lodge at the time each building permit is issued. This a payment shall be a credit against any affordable workforce housing fee adopted by the m County. If no fee is adopted or if the fee is less than the payment set forth, the County shall a� a� retain the excess payment. U 0 U 6. Within fifteen (15) days of the Effective Date of this Settlement Agreement, C, T Lodge shall contribute the sum of $3 million to the County to fund Vanderbilt Drive corridor r o improvements and bridge enhancements. No impact fee credits shall be given for payment of 0 N N N J a this sum. Lodge recognizes that the County may request additional contributions up to the c proposed road impact fees due for 59a-� T1 ng nits to assist the County in funding the 00 v construction of the Vanderbilt l)-rVj e, n ge enhancciiih .?_ o such additional contributions shall be required, howeverar'until t%e..:Couity-provi3es evidipnc6,that all parties have spent $5,500,000.00 on the Vanlerb ll l0ri*' l�iigg8 4n#�in�et .', An� such sums paid over the initial $3 million shall re66e b"road' iifzpaet fee.:= redit Nth g in this Agreement and Release, however, is intende is q nor shall it restricttli ,tiny%„ii! y the County's ability under applicable laws, ordinances or rulta xgrute fifty p�rc�ett�0%) of all transportation impact fees upon approval of the SDPs_ These funds §ball be refunded to Lodge should Lodge be permanently prevented from commencing construction based upon actions by any governmental entity or any third party. County shall be entitled to retain these funds without any need for reimbursement upon the earlier of (1) Lodge's commencement of construction of the first tower, or (2) the exhaustion of time to file any third party challenge with respect to any matter concerned by this Agreement and the attachments hereto. 7. Lodge and the County agree that the Cocohatchee Bay PUD shall be exempted from the County's PUD sunsetting provisions within the LDC until the Effective 3 2/28/08 revision Packet Pg. 451 OR; 4368 PG; 2348 9•A.1.d Date of this Settlement Agreement. At that point, the five year sunsetting provisions in the a LDC shall govern. Lodge still shall be obligated to provide annual PUD monitoring reports, m aD aD 8. As each residential condominium building receives the first certificate of 0 CU occupancy or temporary certificate of occupancy, Lodge shall record restrictive covenants on o U one -fifth (1/5) of what is known as the GC Parcel, and when all five covenants are recorded, T r they will restrict the use of the entire GC Parcel to two (2) residential units and the uses o 0 N N described in the PUD for the golf course development area. The phasing diagram of this N J a requirement is attached as Exhibit 3. These restrictive covenants shall each provide that if c 00 LO the golf course development area oro-lF:cyyrse ixse-i ever discontinued or abandoned for any reason, then all of the GC,04' cel including wilh4ut _imitation the entire golf course development area, except remain forever as green in Paragraph 5.3 of the for thy, two (2) residential units, shall to L � covenants will require a supe gjority vote of the Bo, ' 14 df,f" Ii uses expressly allowed to these restrictive Commissioners. .X 9. To fully satisfy its-_o' Iii ons._to_con§i t,..sidewalks along adjacent off -site ti. public roads Lodge shall construct a pathway -ten (10) feet in width on the western side of Vanderbilt Drive (consistent with the Comprehensive Pathways Plan adopted by the County in 2006) in lieu of building a sidewalk on Wiggins Pass Road and a sidewalk on the east side of Vanderbilt Drive. The pathway is depicted in Exhibit 4. This construction of the pathway shall be accomplished by Lodge with Lodge's funds and shall be completed upon the issuance of the first certificate of occupancy or temporary certificate of occupancy for the first residential condominium building within the Cocohatchee Bay PUD Project. 10. Building Five as shown on the revised Bald Eagle Management Plan attached as Exhibit B to the amended PUD shall be increased from fifteen (15) stories to seventeen 4 2/28/08 revision Packet Pg. 452 OR. 4368 PG; 2349 (17) stories, but shall not exceed 175 feet in Building Height, as defined in Paragraph 3.5 a entitled "Amended Cocohatchee Bay Community Development Standards" of the amended m aD aD PUD, and Footnote 2 thereto. 11. The maximum number of dwelling units to be constructed by Lodge shall not U 0 U exceed 590 units. Of these, a maximum of 590 units may be multi -family and constructed on C; r r the R Parcel. However, two (2) units of the 590 may be single family units to be built on the o 0 N GC Parcel. The development standards for the single-family dwelling units on the GC Parcel N J a shall be as set forth in Section 4.4 in the amended PUD, attached hereto as Exhibit 2. c 00 LO 12. What has been referred C.aos the R 1--arid R-2 Parcels shall be replaced by a single R parcel as set forth in trhe�' �vtsed PUD Maste�pla ; attached to the amended PUD. r The development standards,'for ,th& ,]�. ,Parcel--are--as. spt forth\in Table II of Paragraph 3.5 of the amended PUD (except jas n ys'W6iptessl� #ig4i6) 'd byjhe Agreement and Release). 13. If there are Additibral chatrges to-11ie BA1 -FagLi ;,, Management Plan required by federal or state agencies,AA ,further County PUIYA eTdh*fit process shall be required. The County acknowledges that tlirinded.B.ald•Eag11VTi3nagement Plan is in compliance with the County regulations. Lodge shall be- exempt from any County regulations that may be adopted in the future applicable to the Bald Eagle and the County shall defer to the state and federal regulatory permitting process relating to the Bald Eagle Management Plan and issues related thereto. Lodge, however, shall be required to notify the County of any such changes required by state or federal agencies, which will then require an administrative change by the County to any of the previously approved SDPs under review or that have been approved by the County. Any change to the construction sequencing shall be considered an insubstantial change to the SDP. 14. The Cocohatchee Bay PUD is hereby amended as set forth in Exhibit 2. 67 2/28108 revision Packet Pg. 453 OR: 4368 PG: 2350 9•A.1.d 15. Lodge shall and hereby does without limitation release, waive and forever discharge the County, its present and former elected or appointed officials and employees, insurers, sureties, agents, attorneys, and representatives of any and all claims, causes of action, costs, expenses, attorneys' fees, or charges of any kind that Lodge has or may have that arise from, or reference, relate or refer in any way, whether directly or indirectly, to the Cocohatchee Bay Project, PUD Ord. No. 2000-88, the related Bald Eagle Management Plan or any amendment or proposed amendment to the PL D Ord. No. 2000-88 or the Bald Eagle Management Plan through the date this Agreement and Release are approved and authorized by the Board for the Chairman's signaturetricluri without limitation all Bert Hams Act claims and the claim assertedi 'Case No 05-967 CAS `'is release shall be immediately effective upon the County'.,,s appr6yalm.tof'thel-3--SDPs in `accordance with the terms and conditions set forth in narai ra�`)j� 3d'ofif is[A�zr6.eli�iit grid RoAeAse. 16. In the even{,ay"tlurd Oarty' cfalinge `-hiski4greement and Release, the County and Lodge agree to W—brcooperatively to ietad,:lisAgreement and Release. In this regard, the Count and Lodi `11a1ac,"ek-fits bepme parties to an such challenge g Y gq, °- . , P y g proceeding if one or the other of them is not named as a party in the first instance. The County and Lodge shall each bear their own costs and attorney's fees in any such proceeding. 17. If any third party challenge to this Agreement and Release should ever be successful, after exhaustion of all appeals or other requests for review or reconsideration or federal permit conditions prevent Lodge from being able to develop the project consistent with the amended PUD Master Plan then the County agrees to return all money provided by Lodge under this Agreement and Release upon sixty (60) days written notice from Lodge and to allow Lodge to retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law. In addition, if Lodge is ultimately unable to obtain 51 2/28/08 revision Packet Pg. 454 OR: 4368 PG: 2351 required federal permits for the SDPs as referenced in this document and is therefore unable to build this project (exclusive of any federal permits or approvals for docks), Lodge likewise will be entitled to a refund of all money provided under this Agreement and Release within sixty (60) days of written notice from Lodge and Lodge shall retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law 18- Nothing in this Agreement and Release or the settlement documents shall be construed or interpreted to confer any right to docks or any particular number of docks. 19. The Agreement and Release shall be binding upon Lodge's and the County's predecessors, successors, assigns, offie.ers z;-zesent--artd former employees, owners, present and former elected or appointed'of`iia1s, insurers, piinelps and representatives, who shall work together in good faith tb ac.(oit}plish the ntent.,of this Agreement and Release. 20. This Agree xnenfri'a4`d -Rel east �hsalb be - ed b� the laws of the State of Ii 9 q i ei4 tf Florida. < 21. This Agreemdnt )kd Release may bi n4ed�o'nly by a written instrument specifically referring to this Agrl�emtfit„and Release;4nd'e,xdcuted with the same formalities as this Agreement and Release. This Agreemenfand Release supersedes all prior discussions and representations and contains all agreements of the parties. 22. The County and Lodge acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision that my exist in this Agreement and Release is to be construed against any party either based upon a claim that the party drafted the ambiguous language or that the language in question was intended to favor one party or the other. 7 D a. m a� m z U 0 U 0 v N 0 0 0 N N 0 N J a. 0 0 u� 2/28/08 revision Packet Pg. 455 OR: 4368 PG: 2352 9•A.1.d 23. The Effective Date of this Agreement and Release shall be the date upon a which the Chairman of the Board of County Commissioners of Collier County, Florida, m a� a� executes this document. 24. The County and Lodge acknowledge and assume the risk that additional, o U different or contrary facts to the facts which they believe exist may now exist or may be r r discovered after this Agreement and Release has been entered into, and they agree that any o 0 N N such additional, different or contrary facts shall in no way limit, waive, affect or alter this Co J a Agreement and Release. The County affirmatively states that it is not aware of any facts that c 00 LO would prohibit the construction of the_:pr,}e t y t Qvized by the PUD and this Agreement and Release or the enforceabilityF 61.. is Agreement andd•,,IZel use. Lodge affirmatively states that it is not aware of any facts "that,wdutd prohibit the \con�truction of the project as authorized by the PUD end phi; A gr err ei t a i l6q �or the enforceability of this A., 2;,...:Wj Agreement and Release. %Z�r 25. In the event afaalybteach of this Agre'e:ad Release, either party to this ._ w. Agreement and Release may en c T e i ' terrns in thy T*`iieth Judicial Circuit in and for 3 Collier County, Florida. In this respect, the County and Lodge shall request that the Court in Case No. 05-967-CA approve this Agreement and Release as part of a stipulated judgment and retain jurisdiction to enforce this Agreement and Release's terms and award any other ancillary relief for the breach should such be necessary. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATi_JRE PAGE TO FOLLOW 3 2/28/08 revision Packet Pg. 456 OR; 4368 PG; 2353 ATTEST:; DWIGUT E, BROCI4, CLERK i By: AtMt as t4 CM i putt' Clerk S i gnatur on WIT S ES; Signed Name (G 4 Oe c Print Name Si Name ; Printed Name BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, I~ ORIDA By: TOM HENNING, CHAIRM LOP B,ABBOTT ASSOCIATES, LLC � �drAj , ITS: MA.r+r�t- Ap oved as to form and e �.,�. Jef A. KI ow E %j� Cou y Atto y v w 1 'a1 I 2/28/08 revision Packet Pg. 457 OR: 4368 PG; 2354 ORDINANCE NO.2000- 8 8 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8508S, 8516N, 8517N, 8520N, AND 8520S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-3 (3), A (ST), RMF--6 (ST) (3), RMF-6 (3), RMF-12 (ST) (3), RMF-12 (3), RSF-3 (ST) (3), RSF-4 (3), and RSF-4, TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A MAXIMUM OF 590 RESIDENTIAL DWELLING U14M AND RECREATIONAL FACILITIES INCLUDING A GOLF COURSE AND CLUBHOUSE LOCATED -LAN THE NORTHWEST CORNER OF WIGGINS PASS I20C.R 138$)a�"�ANDERBiLT DRIVE (C.R. 901) ILV SETIQS _.g.,.16-Y' (T?`•20, TOWNSHIP 48 SOUTH,4NC?E`- 25 EAST, COLLIER .;e i3N2'Y, FLORIDA, CONSIST n, ,(;F 532± ACRES; AND `"I;Y PIbOVIDING AN WHEREAS Karen Btshop o),I�IvIS. inpt1of Na 1 s fd� - Vanderbilt Partners II, LDT., petitioned die Bo of Cou tyicor .'4$40t 16, c{tanger`tfiejzonir}g classification of the herein described rel Pro 6, ' t NOW, THEkt'F..Q�RE BE IT ORDAINED bye he Board a�f tCoi#nty Cortunissimt:M of Collier County, Flont)a; �t1Y3t' ` SECTION ONE: ' . ". •T ..;° t - J The zoning classificahbq _of 3ieXe ii :dysc ibgd°t .,piovedy located in Sections 8, 16, .17 and 20, Township 48 South Range 25 £ast; Collie County, Florida, is changed f-om RSF-3 (3), A (ST), RMF-6 (ST) (3), RMF-6 (3), RMF-I2 (ST) (3), RMF-12 (3); RSF 3 (ST) (31 RSF-4 (3), and RSF-4, to "PUD" Planned Unit Development in accordance with the Cocohatchee Say PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8508S, 8516N, 8517N, 8520N, and 8520S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. DON • ! This Ordinance shall become effective upon filing with the Department of State. Exhibit-1 to Settlement Agreement and Release Packet Pg. 458 OR; 4368 PG; 2355 PASSED AND DULY ADOPTED by the Board of County Commiasionm of Collier County, Florida, thin day of A&..t &, , 2000. BOARD OF COUNTY CO'•3WSSIONERS COLLIER COUNTY, FLORJDA ATTEST:. -�L BY: JAMES D. CARTER, PhD., CHAIRMAN DWIGHT E. BROCK, Clcrk Attest as to GMirm'S This ordinance filed with the slpaeture Only. $Kretory of Stgta's Office the (2rday of�, � Approved as to Form41^ t a end aknow' dpam^.ngt of tt,ut and Legal .Sufficiency Marto M. Stud Assistant CaumVAttot+ficv jj t gt {S 0 Packet Pg. 4 9771 OR; 4368 PG; 2356 COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE A .. PREPARED FOR: ,"VANbERHlLTNPAR`I` "II, LTDi. � �r PREPARED B)`u i n \ a . ", PMS, INC. OF NAPLE$ 33x�3'AN�IAMI 'i12AIt-�I�Q�TH'`� DATE REVIEWED BY CCPC DATE APPROVED BY BCC / l ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE 1 Zi 14/00 EXHIBIT "A" Packet Pg. 460 1 OR: 4368 PG: 2357 0 a INDEIC PA QE m d m List of Exhibits and Tables II z Statement of Compliance III 0 c V SECTION I Property Ownership, Legal N Description and Short Title 1.1 SECTION II Project Development 2.1 0 N N SECTION III Residential Development Areas 3.1 O � tL SECTION IV Golf Course / Open Space 4.1 00 0 SECTION V Preserve Dis,C%it l ::;° " .. 5.1 e' VI beelopentCo6w(*SECiION Cee Iq Packet Pg. 461 OR; 4368 PG; 2358 LIST OF EXHIBITS AND TABLES EXIUBIT "A" Planned Unit Development Master Plan EXIUBIT "B" PUD Master Plan with Eagle Zone Overlay and Bald Eagle Management Plan TABLE I Land Use Summary TABLE U Development Standards 1 i t � � r� f ........ Packet Pg. 4 2 OR: 4368 PG: 2359 9•A.1.d STATEMENT OF COMPLIANCE The development of approximately 532.09 t acres of property in Collier County as a Planned Unit Development (PUD) to be known as Cocohatchee Bay PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. Cocohatchee Bay is a mixed use residential golf course community and will be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: 2. 3. 4, 5. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project are adequate. The Cocohatchee Bay Project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. The Cocohatchee Bay Project will be compatible with and complimentary to existing and planned land uses in the vicinity. Project lands lie in a transition area which includes low-rise residential development and high-rise multi -family development. The subject property's location in relation to existing or proposed community facilities and services permits the Development's residential density as described in Objective 2 of the Future Land Use Element - The project Deve surrounding land The property was action establishin Parcel 1 11 Parcel 5 4 Parcel b Parce 17 in Policy 5.4 �a 69.61 acres Parcel 8 194,An ` Parcel 9 1.26 acres Parcel 10 80.65 acres TOTAL 532.09 acres Lary to existing and future Land Use Element. Process which resulted in an 3357 units 646.52 units 39.45 units 208.83 units 2(3) RMF-12st(3) RMF•-12st(3) RMF-6st(3) — 583.80 units — 3.78 units 24195 units — 1757.90 or 1758 units The PUD will utilize a total of 590 units on 532.09 ± acres for a gross density of 1.11 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. m Packet Pg. 463 OR: 4368 PG; 2360 6. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 7. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.LH and 3.LL of the Future Land Use Element. 8. The project Development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 9. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code OLDC). k IV Packet Pg. 464 OR; 4368 PG; 236 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Stction is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATCHEE BAY. 1.2 LEGAL DESCRIPTION EARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS; BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°24401W. (SHOWN IN ERROR AS S.88°26'40'W. IN O.R. BOOK 68, PAGE 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167, PAGE 692; O.R. BOOK 218, PAGE 48.4;-HERFINAFI7ER CI"I`f?D AS OFFICIAL RECORDS), ALONG THE SOUTH LTiED'`QWETNT LOT a AND THE WESTERLY PROLONGATION OFFS -tNb't TI-i LINE;'F(%It: 7 6� 71 FEET, TO AN INTERSECTION WITH AN AGREEA'$Q. DARY LINE AS R9601 SDI D IN O.R. BOOK 87, PAGES 439 THROUGH 447 ($fJRVI✓Yf3k`S ISOTi+ ALTHDUEi O. BOOK 167, PAGE 692 AND O.R. BOOK 218, PAGE 481INbICATE'�#1* AGREED'BOUNDARY LINE IS FOUND IN O.R. BOOK 68, 0AGE,23 FTI E33EAT° INGS AN TNNCE ARE IN EFFECT THOSE RECITED IN A 'I'1 R;. Ti A4,IQLI' 1 K DIrEDS O.R. BOOK 87, PAGES 439 THROUGH 447), Oi PUB Ih~I� R"kDS bF �Ct IT Ii COUNTY, FLORIDA; THENCE RUN ]V; .2 )T% : t NC`x ID BQi NIIA R LINE, FOR 300 FEET, THENCE RUN N.3 00'00 ",,,. NG SAID AGREL �BOAIY LINE, FOR 961.43 FEET (SHOWN IN FRR6T�961.30 FEET IN T m QFk Tat, RECORDS}; THENCE RUN N.67°30'00"W. AL60.6 SAID AGREED BOUI�D�RY,:LINE, FOR 1397.99 I.3;ET (SHOWN IN ERROR A5 1397_ �FFh= •I 1 THE OFFIQIA jt$CORDS); THENCE RUN N.22°31'00"W., (SHOWN IN IrI�-jQ N.��'30'40"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED 1306 + I RX'I;I IE; FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'00"E., FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89012120'E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00°23'10"E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. Packet Pg. 465 9.A.1.d OR: 4368 PG: 2362 PARCELS THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEF`rING THEREFROM THE RIGHT-OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-965B (ALSO KNOWN AS WIGGINS PASS ROAD). FARCE. 6 THAT PART OF THE NORTHERLY ONF FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH I/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMLAMI TRAIL). PARCEL_ 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 114 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY-OFSTATE ROAD S-865A (VANDERBILT DRIVE). PLUS ANY LAND ADDED IRE Pbl( l AQCRETION OR RELICTION, AND LESS AND ItEFROM ACCEPT ANY LAND LC3: 1' f l�'�OB,MERGENCE OR EROSION. PARCEL $j �T BEGINNING ATItHE=SOUTH�ASTCOR1 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CdLrLLEI c.6uN�IT*Z.FLQ . DA,�R`, N N.89°54'20"W., ALONG THE SOUTH LINE O SAlD EI I( NI1 28 9.S ET Im AN INTERSECTION WITH AN AGREED B UNWARY i= *OiI* 'IN .R BOOK 68, PAGE 235 THROUGH 250 F.T E°Pf B C RF 1 O LPL COUNTY, FLORIDA. THENCE RUN N.01030105"t a LONG SAID AGRE BOUN)�A.k[ LIKE, FOR 1298.70 FEET (SHOWN IN ERk6k,S 1300.00 FEET, LN=�r�R. BQ6k- 4, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREIN' R CITED AS OFFICIAr-6RDS); THENCE RUN N30°00'00"E., ALO $'A 1) AGREED BOUN15ARY LINE. FOR 800 FEET; THENCE RUN N.OS°00'00"W., ALONG sAl'.l C'r EE©R CyNDARY LINE, FOR 1480 FEE"I; THENCE RUN N.29°I 1'40"W., ALOI6°SQIAGD BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24140' E. (SHOWN IN ERROR AS N.8802040'E; IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27'30' E., ALONG THE EAST LINE OF SAID SECTION 17. FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN S.0°26'00' E. (SHOWN IN ERROR AS S.0026'00' W. IN THE OFFICIAL RECORDS). ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1 /2 OF THE NORTHEAST 114,(2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 1.2 Packet Pg. 466 OR; 4368 PG; 2363 9•A.1.d OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN S.89053' 18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN S.89053'18"W.. FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.41°11'03'W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42' E., FOR 120 FEET, THENCE RUN N.89053'I8"E., FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO 13Y ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. URCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM A POINT- -OF'�NORTHWEST CORNER AT THE NORTHWCORNER OF THE SOUTHEAST 1/4 OF TL�E� 3'i "114 OF SAID SECTION 17, RUN t N.8904(Y55'E ,FOR 5.6 2�aFEET, ALON�'`T I SOUTHEAST3RTH LINE OF THE SOUTHEAST THE SOUTHEAST',' )I4"OF SAID SECTTON 1,7''T6��A POINT ON THE BULKHEAD LINE AS SHOWN ON PXLAT'l'IIEREOf _RECORDED IN BUI HEAD LINE PLAT BOOK 1, PAGE 7, OF TH9 PO LIC'RORDS OF -CQLLMR'\COgNI'Y, FLORIDA; THENCE RUN N.0°26'00W., FOR fOD ,QN.� S�II� L1�4)IEAU LINE; THENCE RUN S.89°40'55"W.,�01 �$60.2'?°FE I1 A Qh .i�K1IIrAD LINE, TO A POINT ON THE WEST LINE O1lO1TA�STt141+ TI#E Ss0 FAST 1/4 OF SAID SECTION 17; THENCE RUN. '4-' R ZOdflp;FEET,"() TI POINT OF BEGINNING. PLUS ANY LAND AD Q P THERETO BY ACC I'IC#N QI2 R :I.ICTION, AND LESS AND ACCEPT ANY LA Ji"LOST THEREFRON ' , $ UBMFkGENCE OR EROSION. �,,'A- PARCEIL 10 BEGINNING AT THE CO f;I SECTION 20, TOWNSHIP 48 SOUTH, 41 RANGE 25 EAST, C0LLIER-d-01 ,T— ORIDA, RUN N.89°52'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00°14W' W. FOR 169891 FEET; THENCE RUN N.54°47'52"W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79° 1 T 10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN N.02°59'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGE 235); THENCE RUN N.27015'20"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18°44'30' W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05037'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SEC -ION 20, THENCE RUN S.89054'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20, THENCE RUN S.02°12'00"E., ALONG THE 1.3 Packet Pg. 467 OR: 4368 PG: 2364 9•A.1.d EAST LINE OF SAID SECTION 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT THE RIGHTS -OF -WAY OF STATE ROADS S-965 A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-W (ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND ACCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, At PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.I ADDMON; THENCE N.89052'20'W. ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DI CE°OF s99 6 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SA 1 B INa THE SOUTikkST CORNER OF LOT 10. BLOCK 1 OF SAID WIGGINS PA99LL,,1:04DINGS UNIT NO.14 THE CE N.89052'20' W., ALONG THE SOUTHERLY LIME OF SAID-WIGGINS PASS LAN I�GS UNIT NO.1 A DISTANCE OF 1400.65 FEET Td THE SOUTMWEST CODER OF`�AIo WIGGINS PASS LANDINGS UNIT NO.1; C�.N 0 14'*'' V., -oN� WESTERLY LINE OF SAID WIGGINS PASS LAND t l t :1 U('A ' C F,��60$.90 3FEET; THENCE N.34W 15"E., ALONG SAID WIETLY,IN�E A lI�I`ANC iQF �38 FEET TO A POINT ON THE NORTHERLY LM,OFSf►I1�. GCrI�tS��"ASS fANO�I�S UNIT NO. I; THENCE N.870484)0' E. ..$G SAID NORTHERL YALINE A)Q!$TANCE OF 1481.48 FEET TO THE NORTHEAST CO OF LOT 3, BLOCIv OF Sr0VIGGINS PASS LANDINGS UNIT NO.1; THENCE S.(1'2'00"E. A DISTANCE U 1;6�17 FEET TO THE NORTHWEST CORNER OF LOT K 3 OF SAID WIG OASS LANDINGS UNIT No. I; THENCE N.87°48'00'E A+ �7]', €C O ?�06 ' FEET TO THE NORTHEAST CORNER OF SAID LOT I; THENCE RSXr, b8"14 CENG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK I OF SAID WIGGINS PASS LANDINGS UNIT NO.1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.02012'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: 1.4 Packet Pg. 468 OR; 4368 PG; 2365 A PORTION OF LAND LOCATED IN THE EAST 112 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02012'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"W., A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT NO.1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87048'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT l ; THENCE N.02012'00"W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT l; THENCE S.87°48'00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 1481.48 FEET; THENCE S.34°26115"W. ALONG THE NORTHWESTERLY LINE OF SA10-W"IGOINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 439.48 FE'PTb'ifISTERLY CORNER OF TRACT B, N' s,• _, C � i _ BAKER CARROLL PE�I 'T ACCORDING T©� PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42,f ii T"H.E PUBLIC RECORDS` iF COLLIER COUNTY, FLORIDA; THENCE N.54°47'i2' W'.,CAIEONG-.THE.-NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE`Oii 9 2 FEET, TO I N IN fi RSI CTION WITH AN AGREED BOUNDARY LIVE 0-' QEC I IaT _ `�FCO�DS BOOK 68, AT PAGES 235 TxROUGH 25o,I OF P BL c�R�Cq (F t�I11.IEIt COUNTY, FLORIDA; THENCE N.79 ° 17' I b"E., I! kA ID,AbkEE' 6 I OUNI A t9Y 7NE, A DISTANCE OF 69.60 FEET; THENCE N.0500', ' V.; ALONG AT)' .AOREEI 1 OUNDARY LINE, A DISTANCE OF 1417.66 FEET; T� E N 27°l5'20"W , ALONG St D. "GREED BOUNDARY LINE A DISTANCE OF 6l ' EEE'T; THENCE N.8' �A DISTANCE OF 2472.71 FEET TO 3 A POINT ON THE LY RIGHT -OF -WA iC L OF SAID VANDERBILT DRIVE; THENCE S.02°12'25"I?:, NG SAID WF�T��L�'°t 1NE, A DISTANCE OF 1373.11 FEET; THENCE S.02° 12'00E. AWN \ S IJ i:Y LI7YE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING; }�ACEI"CONTAINS 100 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is owned by A.L. Dougherty Co. Inc., a Delaware Corporation. 1A GENERAL. DESCREMON OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park, on the East by Tarpon Cove PUD and Wiggins Bay PUD, on the South by the Dunes PUD and on the North by Arbor Trace PUD and the Retreat PUD. B. The zoning classification of the project prior to approval of this PUD document was RSF-3 (3), RSF-3ST (3), RSF-4, RSF-4 (3), RMF-12ST (3), RMF-12 (3), RMF-6 ST(3), RMF-6(3), and A-ST. 1.5 Packet Pg. 469771 9.A.1.d OR; 4368 PG; 2366 1.5 PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No. 6 . Drainage from the property will discharge into Cocohatchee Bay B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the restoration of historic water retention and preserve areas. C. Elevations within the Project site range from 1.5 to I I feet above mean sea level. Most of the area, however, falls within the 10' to I I' foot elevation category. The site lies within Flood Zone AE (EL 11 ') and AE (EL 12') according to Firm Maps 120067-0191D, 0187D, and 189D, dated June 3, 1986. D. Soil types within the Project include Kcri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotle fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. 1.6 PRO gzCT DESCRi1P3'tN ^,- °�yo The Cocohatchee �ay PUDds:a {esiiieritial-aad golf co\um dwelling units. Recre tipual faciiitiok ihcludui caddie quarters,=al sues n�1 be �ro ideh xn upnju Residential and fan4 uiesr'aie iesign ,, be natural setting bye Wi�g--C�tt t n n.ar(chite tri al thez cs apF open space. 1.7 This Ordinance shall be knOVsrn.lted.�tFle "COCOH DEVELOPMENT ORDINANCE-'-'-' on nmunity with a maximum of 590 clubhouse, maintenance facility, )n with the dwelling units. tonious with one another in a late screening and buffering and .TCHEE BAY PLANNED UNIT Packet Pg. 470771 OR; 4368 PG; 2367 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. where -these -regulations fail to provide developmental standards, then the provisions of a lndst sutiilai-` str ct in the County Land Development Code shall apply. B. Unless othr wisp doted,-theldefinitions of all`t nms\shall be the same as the definitions set forth in *'Collier Gmmt-y Land'Develppment o ,in effect at the time of building permit applicatipn C. All cond Vitro imposed a l 11 ` htc m `al --__--__ ` ted depicting restrictions for the H � Nl� de— fthesrFCorolatctiet; B1+ PLITDssltlL.ome part of the regulations which govern thO,"M er in which the PUD,§Jte rr ay `developed. Al D. Unless modif>rc waived or excepted by this RLTI , the provisions of the LDC, where applicable, reV .6- ujl force and eff�et; i .r&pect to the development of the land which comprises this P3D, 4 ` ! S 3 �.. E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.1 Packet Pg. 4 1771 9.A.1.d OR: 4368 PG: 2368 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including land uses for the various tracts, is illustrated by Exhibit "A," the PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities, golf course layout, roadway pattern, and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE SUMMARY TABLE I " .: _.. of w MAX, D.U.'s I Square lY"pe Residential "RI" 4Ii_ Residential "R2•' , { ..:...Y c �� , Golf Course "GC" Open Space NIA (Preserve, Lakes and Lands"c\kpe'quffers) Total `� 590 = , ACRES 44.00 +!- 9.70 +/- 170.39 +/- 308.00 +/- Total 532.09 +/- acres 2A RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A," the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. 2.2 Packet Pg. 472 OR; 4368 PG; 2369 9•A.1.d C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Cade prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2 5 MODEL HOMES / SALES OM,CEO Model homes, sales cerie4�'-4 knd other uses estate such as, but n4i 110ted to, pavilions, vier signs, shall be perrpitted principal-us._througlzc 2A requirements of Sic applicable sections. said Section 2.6.13: Amendments may b6' e to the PUD as Code. Section 2.7.3. 2.7 ASSOCIATION OF related to the promotion and sale of real ?rms, gazebos, patting areas, tents, and �ohatchee Bay PUD, subject to the acid Development Code and all other td;final plat approval as provided in PLAN County Land Development COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association, The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 Packet Pg. 4 3 OR: 4368 PG; 2370 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.2.3. The Applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 29 GENERAL PERMI'I'I'ED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay PUD and are typically part of the common infrastructure orate community facilities. A. General Permittccl 1. "tial'-60iccs as\.set-fortkynder th Copier County Land Development Code, 2. Water �na Cage nettt *Qi�ig,and r ,hhoi structures. 3. TO gpb�ary sewage treatment4acrlities. F� i , 4. Lakd�14cluding lakes with bull atls;pr�tlier architectural or mctural bank .r (realm 5. Guardhouses, gat ltotises, eAA " control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2.4 Packet Pg. 4 47 OR: 4368 PG: 2371 9•A.1.d B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half (1/2) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5_ Minimum floor-azea-Npn�=ruired. 6. Mini mui mjot,bf parcel ^.'area - Now zetl�ired. 7. Sidewal 1, � �, b�epat7is,-and .�ca,�tpaths may be�laced within County required buffers", however tie, width of tliee required buffer shall be increased prbpodtiatcy Coc�vlCt gftiteiv:d3surfcc of the sidewalk, bikepath, or C.rtpat " 7, @'� s 1 8. St da ds for parking, landst tng signs `other land uses whm such s 'tat4 g are not specified he i ., a e to, be, in accordance with the Collier County Landq'�lopment Code in efc t.�tt,tiite�tirie of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREM1l'S, r.. The PUD Master Plan identifies approximately 483 acres included in the Recreation, Golf Course, Landscape/Open Space, Lakes and Preserve District designations. These areas equate to approximately 91 percent of the Project and fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2.5 Packet Pg. 4 57 OR: 4368 PG: 2372 9.A.1.ei 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with Section 2.4.4 of the Land Development Code. I . Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2. Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. B. A minimum landscape area of thirty-five feet (35') shall be developed along the Vanderbilt Drive frontage -Satd landscape buffer on the west side of Vanderbilt Drive shall include developme lt�f fir tl ji,yz pede the view of high rise residential structures from Vanderbilt'riu ` 2.6 Packet Pg. 476 OR; 4368 PG; 2373 9•A.1.d SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A," the PUD Master Plan as "RI" and "RT' 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590. The subject property contains a gross acreage of 532.09 +/- acres and base density of I. I I dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as "R I" and high-rise residential dwell ng, compatible nonresidentie7. u- customary accessory used The approximate ae conceptual design provided at the civic accordance with bi Developtnent Cody. spaces, parks and ai found in residential 3A USES PERMITTED A. Principal Uses full range of reated on the areas, lakes and Multiple -family dwellings. Plan am designed to accommodate wellings, adult living facilities, n facilities, essential services, and tsier Plan. These acreages arc based on all `development tracts will be cun�ry Subdivision Plat approvals in vel' �uofethe Collier County Land "9 � t :.' icco�#►aodate internal roadways, open ,e�nGtitJfacilities, and other similar uses 2. Guest suites and cabanas. 3. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "RI" and "R2" Districts. 3.1 Packet Pg. 4 7 9.A.1.d OR: 4368 PG: 2374 B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R1" and "R2" Districts_ 3.5 DEVELOPMENT STANDARDS A B. Standards for not specified' Collier Copnt approval. ;,Vn apply to print Table I sets forth the Districts. 10andscaping,lsigns' ` or within the Cocohatch in for land uses within the "R" Residential land uses where such standards are Y UD, are to be in accordance with at time of Site Development Plan rds.'heitthts. and floor area standards C. Off saeetkp ing`regiiite efb;,.titalti atnily sbalhtle accessed by parking aisles or driveways,Whi4h are separate from any, roads<wh�e��-,e�ive more than one development. A green spec of not less than ten fe .(10' in rvid t as measured from pavement edge to pavement .s4 all separate any par s e-arrdriveway from any abutting road , D. In the event the va]ooer builds the muit�pleVrani ily housing placed in the area between Tarpon Cove and ailip titers; a s tnimt ni of 30 percent of the multiple family housing shall be offered fo't rnpl4res of the golf course with purchase price or rental rates consistent with traditionally accepted housing costs to income ratio& 3.2 Packet Pg. 478 OR; 4368 PG; 2375 COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR TABLE 1 DEVELOPMENT STANDARDS "111" i KRY' HIGH -RISK I MULT1•FAMiLY Multi- Family Dwellings Minimum Lot Area NIA 1 Acre Minimum Lot Width KIA �^ WA Front Yard - Internal Road *1 0.5 BH not less r 0.5 BH not less than 25 fat than 25 feet Front Yard - Accessory Bldg. 0.5 BH not less + 0.5 BH not loss Inciu ding Parking Structure than 25 feet I than 25 feet Front Yard - Vanderbilt Drive BH NIA Front Yard - Accessory Bldg. 50 N/A Side Yard 0.5 BH 15 Rear Yard Principal 0.5 BH 15 Rear Yard Accessary 15 10 Maximum Bldg Held 20 staincs f`oikk`t{iaximum � 35 � height oL26 Feat 02 Ais#anee Beh+"it PrI;fcipffSti'ucCur�s_,. a�.. yt_+ 0.5 SBI� •3 i 0.5 BH not less than 15 feet Floor Area Min (rq: ,' q t , `� o l $i 0. 1~ ' 12M SP I i, (Ruilding Hcigma - Building 4�'tall be the vortical divanec mxusutM from the first habitable finished floor elevation to the uppermost i` t1i ceiling elevation of the stru@ am. (Sum of Building Height): Cotnb` heeiig& of two adjacent buildings fob die �uroses of determining setback requinmeata. L All distances are in feet tales othcrwue noted • 1 Front yards shall be rocawred as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the pucei is served by a private road, se[beck is measured from the back of curb (if curbed) or edge of paverimW (if m curbed). "2 Building hraght for the north property line adjacent to Arbor Trace in the"R d" tract shall be IS stories for a rnaximum hc* M of 150 feeL *3 Where buMags with a common architectural theme ate angled, skewed or offset from one another. and walls am not parallel to one another, the seMbacks can be administratively reduced. 3.3 Packet Pg. 4 9771 9.A.1.d OR: 4368 PG: 2376 SECTION IV GOLF COURSE "GC" DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for Development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses-anclructttrFs.' l . Golf eoursds tid golf club facilities; °cadai� quarters, clubhouse, guest suites, includinik tl rfiDoran eolf clubhouses \. 2. Project iiiformationand sales centers. , 3. co nmt tut +and golf c ours t6bani; a�eas, jrnwntenance buildings, essential e ser�� air g'dq �y ter and ffluents torag nd teiiks and ponds, water a wasid�rtreatment plants, Utility pumpin¢ f ilties and pump buildings, utility and i,'tai4lance staff offices. k, ., v, 4. Any a 4 principal use which is corn ift 6 in nature with the foregoing uses and which the °P,la tiib&Services Dep' nl t`Direct;or determines to be compatible. B. Permitted Accessory Uses rtc - 5tructu 6 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro -shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 3. Retail sales of associated recreational equipment and apparel, such as, but not limited to, golf, tennis, and other recreational related equipment apparel and accessories. a_ Restaurants and related uses intended to serve club members and club guests. 4.1 a m d m z 0 U 0 V N 0 0 0 N N O N J tl 0 0 u� N Packet Pg. 4 0771 OR; 4368 PG: 2377 5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries. B. Accessory structures aq a7ninimum of ten feet (10') from Golf Course District boundaries and pri!/ to raads`,_idwiinty feet (20') from all PUD boundaries and residential tracts:;._ C. Lighting facilities sYi l Vlie ai arrged_in. a-manner'whtch will protect roadways and from"4direet^glare orunreasolnabl interference. residential properties D. Maximum het rt Of s4ct4re ' a f F 1. �1p1I�St u1 to stori fbr a' t'mum height of 20 feet. 2. tl` Aceessory Structures ,`J storyi for rrtattmum height of 15 feet. E. Minimum dicta between principal siffi°etut (10'). F. Parking for the 636uttui4 penter/clul)kxrC"Self. be three spaces per every one thousand (1,000) square feet of,grosj- floor ar *h Gu''slrall be considered inclusive of the required —_golf to and recreational facilities are private, golf course parking, provid�d-th otherwise, applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S. 41. N. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.2 Packet Pg. 481 1 OR; 4368 PG; 2378 SECTION V PRESERVE 6°P" DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchce Bay Community designated on the Master Plan as the Preserve District 52 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. - 5.3 USES PERMITTED No building or structure in part, for other than: tl A. Principal Uses i f 1. PaSsivq 2. Bil g, si 3. Golf .n y -'thereof. shall be are permitted in eagle prirhary.pne. 4. Wildlife sanctuary,,,-4 s y 5, Pathways and or bridges. 6. Recreational shelters, in Preserve upland areas. or used, or land used, in whole or outside the limits of the bald 7, Drainage and water management facilities as may be required by SFWMD. 8. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 5.1 a. m d m z 0 U 0 N 0 0 0 N N O N J a. 0 0 to N Packet Pg. 482 OR; 4368 PG; 2379 9•A.1.d 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3. of the Collier County Land Development Code, as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback without the prior written consent of the Development Services Director. in no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures - Twenty-five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5') E. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are,to be a_ija cotdance with the Collier County Land Development Code in effect at tha eo ite.D vdtQppi nt flan approval. Unless otherwise indicated, requi arr ',Jieights, and fl or standards apply to principal structures. 5.5 PRIESERVE A non-exclusive c on*'vafiori'osern�:nt`* 66im,is�u io by pollier County Land Development Code, Section 3.2.$ 4., 3 t for lends me }tided in the ser'vc I]iistrict. In addition to Collier 1 .z 1 County. a non_exc. 501 �e onservar2Dr3 easeritl t mo _required by other regulatory agencies with jurisigb�n over Preserve Distrit,Jancs. Ir;.ition to complying with provisions of the Collier Count1,atDevelopment Codeid° easrpint shall be provided in accordance with the terms set fo *l I any applicable permit gr,(zx ed by other agencies. The Developer, its successor(s) or assigns.'iu tiding the Master 1?ro ityOwneas' Association shall be responsible for control and maintenanceQf acstharve District. 5.2 Packet Pg. 483 OR: 4368 PG: 2380 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or„assign.ce;.$ha PUD as adopted, and any cathc'cac end or s t r of the property. In additliti;jr successor or i within this agreements', 63 PUD MASTER A. 1.1 N Exhibit "AL." or site develop{i�ent plan approval of the Land `l�i�clopment Code, P All necessary continued ope Project. the Master Plan and the regulations of the ions as may be agreed to in the rezoning q title, is bound by the commitments used development and is ►undaries or special land use ay be adjusted during the platting the provisions of Section 2.7.3.5. y be made from time to time. instruments shall be granted to ensm the vice utilities and all common areas in the The following shall be considered minor changes and refinements, subject to the limitations of PUD, Section 6.3A: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 6.1 Packet Pg. 484 OR; 4368 PG-6 2381 9•A.1.d 4. Internal realignment of rights -of -way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6A SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar year 2000/2001. Marketing of commercial and residential sites and golf course memberships are to begin in calendar year 2000, and are expected to be concluded in calendar year 2010. B, Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. C. The Cocohatehee Bay PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Lan dDveloppnt.Code. 65 POLLING PLACES _ t Pursuant to 5ectionFZ.Q0.0"iM—tT nd,.Develgpment ",,provision shall be made for the future use of space wit1dn a corriMon bui ding for the puhposd,of accommodating the function of an electoral poll'tplace .�• r � � yf An agreement shalL bpdT0pd,i ', tbie p`f ci l recoz is of the -perk of the Circuit Court of Collier County, which 11- ' bftiding upon'any anii alI sSorg, Mterest that acquire ownership of such oommon area�jib$qding, but not limited , eot do#gWum associations, homeowners' associations, that sukki on facilities may Ij;e sed,fotran electoral polling place if determined to be nwossary by the,$$ ryisor of Elections. �r ; 6.6 SUBDIVISION REQUIRE�IEl'I' ATD 5'I`A1DARD DESIGN SUBSTITUTIONS A. Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17, of the LDC. Due to the environmental issues on this Project impacts are to be minimized. B. Private streets shall conform with the right -of --way width requirements of Subsection 3.2.8.4.16.5. of the LDC except as follows: Cut -de -sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum of fifty foot (50') right -of --way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5, 6.2 Packet Pg. 485 OR; 4368 PG; 23$2 Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16,10. of the Land Development Code. 4. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14. of the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 5. LDC Subsection 3.2.8.3.19.: The standard that street name markers shall be approved by the Development Services Director and conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting, striping and reflective edging of the main road system will be waived. Traffic circulation signage shall be in conformance with Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices standards. 6. LDC Subsection 3.2.8.4.16.8.: The minimum back of curb radii for internal roads shall be 30 feet with ti o cz�cption of both entrance road intersections which shall be 40 feet.""" 6.7 TRANSPORTATIONS.,..:,, `` A. The Developer $hall`oibvide a f o ' share contrib4tiorijoward the capital costs of any traffic signals �t�eeu;p ,at -,,,',me , �e� sus paten"deed warranted by the County Engineer.�'[i p "tc'siggWa will b - esi tedxin tall d, owned, operated, and maintained by CollienjC� 4ty�T �volape Mall pre' vie c a ftpp} l level street lighting at all Project accesses per. 1Tte 1 zssu`an ofariyxertrf�icate �60 p6pancy for a building accessed from a Project e�M- Ce. B. The Develop6K4gr6es that Collier Coutxty Brie"�ei�tho right to disallow developer improvements *i '11an4erbilt Drivc;EasOwest Livingston Road, and/or Wiggins Pass Road rights-of-way`rfsuot ict with or negatively impact public roadway, drainage, or u fity=fac Iittesplanned as part of future four-laning construction. C. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. 6.3 Packet Pg. 486 OR; 4368 PG; 2383 9•A.1.d D. The Developer shall provide additional right-of-way in fee simple title, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right -of --way and accordingly will not be subject to road impact fee credits. The final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. do not show required rigbt-of-way for right turn lanes for this PUD, but the right-of-way shall generally be of a typical width of approximately 15 feet. The right-of-way conveyance shall occur at the time requested by the County. E. The Developer shall provide the additional 10 feet of right-of-way in fee simple title, when necessary, along the PUD frontage to Wiggins Pass Road. Additional right-of-way is required in varying widths on the north side of Wiggins Pass Road as shown on the final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-way along Wiggins Pass Road shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. F. The Developer shall loin ?'ad 3idw!Al,'raght;-of-way in fee simple title, when necessary, along the PUD'.s not }i- 5undary for fiUA6 stlWest Livingston Road between Vanderbilt Drived U.S. 41. The Villag&�l^ac&,'PUD directly to the north of this PUD has dedicated 67, 5 rfeet-of right -of -why along�� sol there property line for the future East/Westtiviiigstbi `"I oar1. 1QO few of right-cif-wdy along the northern property line for future Eat/Wct Priest roadsllal:l be ciecdated'3to the County. Such required right-of-*ayliall beiedtcatec;andWortveyed fo Collier County for public roadway, drainage,,1an¢ ' ubltc UWA t�tt roverttents Cp1h r County shall compensate the Developer fc�c'�th�ngltt-oflwhy �,on p�f�sti�ral'land appraisals of the fair market value base orb+ is value prior to app wal of thp'1#. 'Ii�e right-of-way conveyance shall occur at the by the Gouty. G. The Developer'sWI4esign and pay, for any,rt quired road improvements to Vanderbilt Drive that will provide _ fQr l?roJecf (this includes turn lanes and other improvements such as riighZiiisg��Jf" i" improvements are made prior to the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four -lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay all design and construction costs related to access for the Project. e Packet Pg. 4 7 OR; 4368 PG; 2384 9•A.1.d H. The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stormwater commitments from East/West Livingston Road along the Project property line in the form of water quantity. Water quality will be handled within the 167.5' right--of-way reservation. The Developer shall design noise mitigation/abatement systems in accordance with the Collier County Land Development Code. 1. In the event the County four -lane improvements to Vanderbilt Drive or Wiggins Pass Road precedes the development of this Project's access to Vanderbilt Drive, the Developer shall bear the full cost for the access and appropriate turn lanes. 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: ............... A. Water distribution, yeti arge-collec iod--and taiismission lines to serve the Project are to be designed, cm "s tad, conveyed, and/or own a aid maintained in accordance with Collier Counnty Ninance-No. 97-17, as amended,\`and other applicable County rules and regulatlonfi.x B. All Gusto uer `connecrutg to i4tnbdtidn acid sewage collection facilities to be construcpe 11 be ctt&to nersDof'tl}c Couitky 4ndtwflt be billed by the County in accordance . Vlt i'tha Coitnry's a li fshed`'t t j) 5 �')? C. The on-sitew isr distribution system ih t )'froject must be connected to the District's wa t�.m�n and must be consistin� wr{H` the main sizing requirements specified in the Countyvw to elWter Plan and ' M46d throughout the Project. During design of these facilities; tlir�fol owing fea Pies' h be incorporated into the distribution system. 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. 6.5 Packet Pg. 488771 OR; 4368 PG; 2385 9•A.1.d D. A water distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights -of -way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. E. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. F. A sewer distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights -of -way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer Districtforowm rship, operation and maintenance. All sewer facilities constructed o�n` t►:ite prapt{-V,and not required by the County to be located within utility ease m ,nts shall be owned .�s red and maintained by the Developer, his assigns or suk�iSs,"ki. G. All the k P T • proposed plats, if applicable, for ived prior to commencement of Packet Pg. 4 9771 OR: 4368 PG: 2386 9•A.1.d 69 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions; A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/presetvation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 31.8.4.7.3. of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall-f,iiicpip stied in Conservation Areas which shall be platted. 17, D. An exotic vegct$ttc'0J'e' noval, moni",'aYc naintenance (exotic -free) plan for the site, with emphasis dn'the conservation/preser"t`;►o *reas, shall be submitted to Current Planning Environ"Meptal'-Staff.forj,7e w and�ppri�Val prior to final site plan/construction plan approval-.,,, E. F Petition# shaafl comply vjith the 001d�lin Wildlife rv�e[I.S'IWS,�_�d 1lisirida E (FFWCCj, regakt ig pote itial impacts to species are.' rved on site, a Habi4m be submi Planning Services Sec4 s planlconstruc 6ri plap approval. A Bald Pi Management 4"' i quir for.this`si of the U.S. Fish and i1plife Conservation Commission Wildlife species. Where protected t' Plan for those protected species shall review and approval prior to final site aagement Plan and a Gopher Tortoise Any amendment to the Bald"Eagle'management Plan shall require review of the Environmental Advisory Council or any successor body. 6.10 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Review Services. B_ Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. 6.7 Packet Pg. 4 0771 OR; 4368 PG; 2387 C. The Developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a Final or local development order. 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code-Enforccment Department contacted. 1 I a . .. 6.13 ACCESSORY STRUC'L1RFS Accesstructu#s shall bia-construed .ctin sory uItaneously vAth or following the construction of the principal stru ture`excepE; that""f gnperary s es build ngs ,trailers, marketing facilities, contractors storage ar d cdii, f�ili� ;J liiCe�;: nay be �rected and utilized during the period of Project develgprt d ctin ry;k}uildings shall be removed upon completion of th ttsig or eonsCruttr activity ir+htcltNtfiey are accessory to. ',ey vF .'_. Y` j r 6.8 Packet Pg. 491 OR: 4368 PG: 2388 9•A.1.d 6.14 SIGNS 1. General A. All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this Section. B. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to signs as permitted herein. C. Should any of the signs be requested to be placed within the public rights -of -way, a right-of-way permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. 2. Entrance Si A. Two (2) n=imu' Develop f. B. Entr�L= cegierltr po�tionjf C. Ent�iii prev Ats intod la_z' miai - ar03 of 40 square feet each or one (1) sign with a square teei,04*11n be permitted at each entrance to the igtrs shall not—meen 4 height°'pf gr4de of thenees plte os ,phi S F igns maps lighttGprovytiecf° a,)'!,,irect glare into the ion of drl±x( mt residences. p sn (15) feet above the lowest right-of-way to the uppermost hts are shielded in a manner which using the adjacent streets or going A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay PUD limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along the CR 901 frontage, one (1) shall be located along the Livingston Road Extension frontage. and one (1) shall be located along the CR 888 frontage. • • Packet Pg. 492 OR; 4368 PG; 2389 9•A.1.d 3) Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare which would impact the vision of drivers using the adjacent streets or going into adjacent residences. 6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.16 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the Land Development Code. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: A. Excavatia�atil+nc�s shall cortipIy.'vih the definition of a "development excavatiog :pursuant to Division'3��tiofthe Land Development Code whereby off -site reri oual-shall be limited to tek?er�c nt (to a maximum of 20,000 cubic ams y) of th�,total,Pvoluriiie 6x6�ated unl� , commercial excavation permit is 1�1 6.10 Packet Pg. 4 3 OVSSZ) (MMOZZOZ-1d) sooa dn-does adaa vand Ae8 aayo;eyoOoa - a }}d :;uawyoe;;d d .�°" " ~."�' •` tuo�.IataHo� 3an.In� 'nGf)d-soana ON arJr 5 U rt :4� �..,.. 0o so-i i n3a H(MVQ T assvmvA NV'Id HMSVIK CUM sOaW :'ON 10-110 id oo-sa-ao era )IVH 33H:7,I.VH03OO tAJ N � N � � g i U W Li :zF � q � Z LLj Q U ULj p O u lm�.Lrar� ni7QG7) (7tL Lnnn77n7--ia) soon do-moeq dnna Aeq aeumeu000n - ) nv :iuewuoeiid LO d71A'Id-SOZ17? 'AN Ord1 S t'N =37YJS corn W �rr4r w -"-W 7Wf � —M reel] oo-sa-r r �a 17laUVa T 3SSVWA 90" "CW i_lzx w 00-6e; -80 .34M Z (A V'IiI3A0 311[OZ 31rJV3 HLxMi. AI a 2> 3jsvN Qua &VU T3H�.LTr'HO�OQ ,.8« 11911-IX3 0. W Ll ae y w r t j Qk r i. � �y•ssl�t • �!j l.� .. ; i• h �' ....'......... .. ...•. 1ti rr^I �lJ V j LAJ p �4Wn� U -H 4t Z6H :Jd 890 :H OR; 4368 PG; 2392 9•A.1.d Ra►d Fag% Habitat Management Plan COCOHATCHEE Sections 8, 16, 17, & 20, Township 48 S, Range 25 E, Collier County. Turrell & Associates, Inc. August 2000 4.0 Bald Eagle (Halleeetus leucocephalus leucocephalus) 4.1 Occurrence on Site An active bald eagle nest is located on the site on the west side of Vanderbilt Drive, shown on the attached site plan 1 preserve map. According to FFWCC records, the site has been active for at least the last 7 years with nest being constructed in two different trees. The current nest was constructed in 1995 and the original nest tree was cut down in 1997, the nest had already fallen. The parent birds fledged one hatchling in 1998-99 and two young during the survey period. The nest is located in a dead and rapidly deteriorating Slash Pine tree on the western portion of the property. The tree is located between a small sawgrass marsh area and the bay forest / mangrove swamp. The birds have an open view to the water over the tops-- of --the- mangroves to the west. Almost all of the established and Vanderbilt Drive have died, mostly due to a,,Ii 6'-that accurred`oti'A," property several years ago so the birds also h p a relatively uno�bstiucteldwiew of Vanderbilt Drive_ Due to the condwo6y�1'-the-trge, if is not exptted\that the eagles will oorrtinue to use th , ne; i 6iare. � ,khan=actupIe ofore :years at the most. It is more likely that storm VVa h.:%ek ith6r destroy the tree supporting then 5t, db�str9y � 0 f , tself I IS riot clear where the eagles will try f to cestrn my hest 1f q occrsperfic observations were made during the'4'pastp o•�ri Arig ieasorts=to note flight patterns and feeding behavr r a�pund the nest Thee oborvatita" r`s showed that flights into and out of t� 4jbst were predominoly to the; ;;oath and south-west from the nest tree :, t�4erai other dead pines r'oiaftd the nest served as perches for the parents�duni�g.,the nesting sea§Q�.,An effort was made by the parent birds to constt a,n�ew nesf;�dlacent to the existing marina early in the 99-00 season, liowe�►er, th_$f�orts were unsuccessful. 2.2 Biology and Habitat Requirements The bald eagle is the largest raptor that breeds on the peninsula of Florida, with a wingspan of about seven feet. Body plumage is dark brown with the head and tail a distinctive while. Juveniles are brown -black and fully develop the white head and tail by the age of five or six. Eagles typically nest close to water with their diet comprised mainly offish but supplemented with a variety of vertebrates including birds and turtles. Thus nests must provide prey opportunities in the vicinity, good visibility and a clear flight path. Nest laying begins in early fall and the cone shaped nests can be 6 feet Packet Pg. 496 OR: 4368 PG, 2393 Bald Eagk Habitat Management Plan COCOHATCHEE Sections 8, 16, 17, & 20, Township 48 S, Range 25 E, Collier County. Turrell & Associates, Inc. August 2000 across and 6-8 feet deep, lined with soft materials. Most commonly, living pine or cypress trees are chosen where some canopy remains above the nest. The ratio of water to land edge is one of the most important considerations and so long as prey density does not diminish, habitat suitability of an area remains constant. Egg laying peaks in early December and clutches usually consist of one to two eggs with incubation of approximately 35 days. The young fledge after 10-12 weeks although parental care may continue a further 4 to 6 weeks after this. Most of Florida's eagle pairs are year round residents while the young are migratory. In addition to the nesting tree, diurnal perch sites are an important part of the eagle's territory, when, during the non -nesting season, perching may take up 74-83% of the day (FWS). Selection is similarly based on how much prey is available_in-the-vicinity and how well the bird can see it, thus perch sites are lalftr,tod�red by an open area such as river or � lake banks.t. �� ti �A� As a top/or6' ator eagles are vulnerat the food chiin' _PocZlation-sVe, was nest feeding areasc M04 plans. � build up of contaminants In y affected by the use of the 3d reproductive success by Ling are on -going concerns. irds has been shown to lead I temporal isolation from the its of species management Given the*n6ral requirements for" th6iecological success of the eagle, an overview ikCfib* devetoprt�q o l:.It "a project site will allow continued habitation is provided t?elow k -v 4.3 Site Development Considerations and Species Management Protocol The current site plan calls for development of a golf course only with an option to conduct future residential construction should the site conditions or management techniques change to allow it. It should be noted that existing flight paths are predominantly to the south and south-west and a far greater area of preserve extends from the nest tree to the west, keeping the site in a similar configuration to how it is currently utilized by the birds. The main foraging area is the Wiggins Pass estuarine system which is designated as Outstanding Florida Waters, 280 acres of which will be deeded by conservation easement to the South Florida Water Management District preserving this habitat in perpetuity. Packet Pg. 497 OR: 4368 PG: 2394 Bald Eagk Habitat Managcnwnt Plan COCDl ATCHEE Sections 8, 16, 17, & 20, Township 48 5, Range 25 E, Collier County. Turrah & Associates, Inc. August 2000 The Habitat Management Guidelines outlined in the Recovery Plan for the Southeastern States Bald Eagle call for a primary protection zone, except under unusual circumstances, extending 750 to 1500 feet outward from the nest tree. The precise distance being dependent upon the proximal and spatial configuration of critical elements such as the nest tree, feeding area, and roost trees. No residential, commercial, or industrial development, logging or mining should occur within this zone. The site plan for the golf course as proposed projects into the 750 foot primary zone to the east of the nest tree. It is not anticipated that this will adversely affect the eagles because of the existing circumstances of the site. There are no existing living trees within this area and the birds currently have a relatively unobstructed view of Vanderbilt Drive. The golf course would remove some of the dead snags left in the area but observations over the_ st,", —years have shown that #tress snags are not utilized by the,fcIp I& to stin�'gTT�se"Ing. Also, flight paths into and out of the nestirfg� dreaf'were in the-doposite direction and not over the area proposed;-,a.',k?e-'`impacted. A screeq°,-6t living vegetation will be planted be get `thp;Fgolf -course and the nest situ to block views and sounds of the offers' from= -the n st -40is ac on�'would result in a buffer of appro>s+maitefy,3¢0,..fe toy eft o f the nest. A buffer of 750' would be maintine # tlif auth iai jntth=ifthe§ nest, and no impacts are propo eci iv t te' e . tletweeti` he a the Gulf of Mexico. To mihirrtl?'� disturbance durf buffer io of 1500' in radius'" site cond� n activities. No + the 1500469t` 60�during the through May snt nesting period, a greater dished and maintained during activities will take place within A which runs from October i Incorporated throughout the site is an education plan consisting of signs and posters located at golf hole tees, with information and pictures of the habitats and species located in the vicinity of each hole. In this way players and residents will gain knowledge and an appreciation of the system as they progress through the course. The eagle will be highlighted at the appropriate location with details on the species biology, ecology and conservation status. Packet Pg. 498 OR; 4368 PG: 2395 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000-88 Which was adopted p .fit 'Bo�d'4`a GQunty Commissioners on the 12th day of Decembq""-,•'20e00, during Regular Session, WITNESS my hand/'and t County Commissioners �if `c&&�,'lien Gq of December, 2000. 1 4� cial�, seal of the Hoard 6:f,.. uF`uty, '55r,Id&, this 15tk daif=; to D DW:GHT" E . BROCK Cexk of Courts and Clerk Ex-officio to Board. of _ County Commissioners By: Ellie Hoffman, Deputy Clerk a m aD m z t 0 U 0 V N O O O N N O N J a. O 00 u� Packet Pg. 4 9771 COCOHATCHEE BAY f A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING Ahg2 D MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPWW PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE f.f PREPARED T a r �J- .•' ,'r VANDERBILT PARTNERS II, i�T jiy) � k � p C �q• � �� 3 '` @ TP1�' PREP \ PMS, INC. OF NAPS � $ `T'AMIAMI TRAM. 'OkTH" DATE REVIEWED BY CCPC ORDINANCE r ` rrM AMENDMENTS DOCUMENT DATE 12114100 2J28/08 revision ElWblt 2 to Settlement Agi Bement and Release a m z t 0 u 0 v N O 0 0 N N 0 N J d O O 11") Packet Pg. 500 OR; 4368 PG; 2397 ME% PAGE Last of Exhibits and Tables 11 Statement of Compliance III SECTION I Property Ownership, Legal Description and Short Title 1.1 SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 SECTION IV Golf Cow/_ -� e,.. 4.1 , SECTION V Pi�ese District :, '' ° 5.1 SECTION VI Genial Devalopment_C, D nMtm Zits 6.1 QL I 2128/08 revision a m d m z M M 0 u 0 t� N O 0 0 N O N J d 0 0 u� Packet Pg. 501 OR; 4368 PG; 239 BXI' IT "K' Ames deli Planned Unit Development Master Plan E BIT "B" TABLE I Land User3iirnar TABLE H nt Standards #��'bistrict 1 .. s a ... H 2/28/08 revision t Plan a m a� m c� 0 u 0 t) N 0 O O N N O N J d O It O u� v Packet Pg. 502 OR: 4368 PG: 2399 STATEMENT OF COMPLIANCE The development of approximately 532.09 t acres of property in Collier County as a Planned Unit Development (PUD) to be known as Cocohatchee Bay PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Collier County Growth Management Plan. C xx" tcbee Bay is a nixed use residential golf course community and will be consistent with the applicable elements of the Collier County Growth Management Plan for the following reasons: 1. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project are adequate. The Cocohatchee Bay Project will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 2. The Cocohatchee Bay Project gill *-.o pad PIC with and complimentary to existing and planned land uses in the yrc pity Prole t isCndsAJO-in a transition area which includes low-rise residential develooni"t and hidevelopment 3. The subject property's lemon iii" i�elalion to $ratisdng or proposed community facilities and services permits thebeVilopCilent'9 residential dens ter as`',bescribed in Objective 2 of the Future Land Use Ejrrtiph . - �� C, 4. The project Dtve trt t ocirgaXibie gvtt and on l ►Wy to existing and future surrounding land i squired in Policy of th)iiturrEand Use Element 5. The property was do `znped during the Zonrngyge;eahration Process which resulted in an action establishing 's e Il,xoning districts and detksitle's Parcel 1 - 11.1s acres4 WRSI =lst = 33.57 units Parcel 5 - 161.63 acres 1F=4` = 646.52 units Parcel 6 - 13.15 acres RSF-4(3) = 39.45 units Parcel 7 - 69.61 acres RSF-3st(3) = 208.83 units RSF-3(3) RMF-6(3) RMF-6st(3) Parcel 8 194.60 acres RMF-12(3) = 583.80 units RMF-12st(3) Parcel 9 1.26 acres RMF-12st(3) — 3.78 units Parcel 10 80.65 acres RMl~-12st(3) = 241.95 units RMF-6st(3) TOTAL 532.09 acres — 1757.90 or 1758 units M 2128/08 revision a R m aD aD 0 U 0 U N T 0 0 0 N N Co N J a 0 0 LO Packet Pg. 503 6. 7 8. The PUD will utilize a total of 590 units on 532.09 -t acres for a gross density of 1.11 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1 A and 3.1.L of the future Land Use Element. The project Development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 9. All final local development orders for this Project are subject to Divisiea 3.16, Mequee lk/ 2/28/08 revision Packet Pg. 504 OR; 4368 PG; 2401 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of COCOHATCHEE BAY. 1.2 LEGAL DESCRIPTION THE SOU"TTIERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS, BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SEGTION3, RUN S.88"24'40"W. (SHOWN IN ERROR AS S.88026'40"W. IN O R.--B"0 2 ?,0, }E 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R;,fBOCi 1dT; TFAF.; .O.R BOOK 218, PAGE 484; HEREINAFTER CITEDA�•OFFICIANG THE SOUTH LINE OF L RECORD );.-AI,�O SAID GOVERNMENT A4.zzA1_ THE WEST Y PROLONGATION OF SAID SOUTH LINE, FOR 776.7j_, , .FEET;--'_T'O -AN-- NTER ON WITH AN AGREED BOUNDARY T1��% RIORIS IIIF.,A� OQ AGES 439 THROUGH 447 (SURVEYOR'S N gRx1','PAE 692 AND O.R. BOOK 218, PAGE 484 IIDA'E TT s A, 1iDiNDARY LIMB IS FOUND IN O.R. BOOK 68,?`3 }rH1 ',BEAR1rI�1GS - bANCE ARE IN EFFECT THOSE RECITED g4,4 LATER EXCHAN OF QUI�I'h° f ` DEEDS O.R. BOOK 87, PAGES 434 9UGH 447), OF TI I'UBI I "?RECORDS OF COLLIER COUNTY, FLORTIJA- jTHENCE RUN N.29°'1'F44" W '"° ALONG SAID BOUNDARY LINE, FOR 300 FENCE RUN N.'°(i0'f00"., ALONG SAID AGREED BOUNDARY LINE, FOk-4643 EI'--SI f WN IXERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); TI RUN i67-30'OQ"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.22°31'00"W., (SHOWN IN ERROR AS N.2203900"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°0900"E., FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT' LOT 3; THENCE RUN N.89°12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT TAT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.0002310E., ALONG THE EAST LINE OF SAID GOVERNMENT TAT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED 1.1 2nSM revision Packet Pg. 505 68 PG; 2402 THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL A THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT- OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B (ALSO KNOWN AS WIGGINS PASS ROAD). 6 THAT PART OF THE NORTHERLY ONE -FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). THE EAST 12 OF THE NOR : 'T 1' ' 9F TION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CO- CEFMG THEREFROM THE fJt3IV'I'Y; FI1;; . SOUTHEAST 1/4 OF"%' E'SOUTHEAST 1/4�. "THE NORTHEAST 1/4 AND EXCEPTING TI bM..,...TW RIGHT-OF-WAY OF STATE ROAD S-865A (VANDERBILT D.kM). �'�LUS�ANY-LAND`yADDE=TI�ERETO BY ACCRETION OR RELICTION, 'AN -ASS AND A T 10{C LOST TEIERF.FROM BY SUBMERGENCEO ,J PARCELS I ' ..>y h i BEGINNING AT \ , SOUTHEAST CORER OF S ON 17, TOWNSHIP 48 SOUTH, RANGE `i4'►.ST, COLLIER CO A, RUN N.89°54'20"W., ALONG THE SOU IR',431E OF SAID SEC`60O 4`j "",TOR 2839.52 FEET TO AN INTERSECTION W� JW,,AGREED BOUND4Y,I'"iE A5 RECORDED IN O.R. BOOK 68, PAGE 235 THOU .230 0 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENd.,l 'UNa "l°30'05"E., ALONG SAID AGREED BOUNDARY LINE, FOR 1298.70 FEET (SHOWN IN ERROR AS 130D.00 FEET, 1N O.R. BOOK 68, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30000'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29° 11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THIN WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88"24'40"B. (SHOWN IN ERROR AS N.880264WE. IN THE OFFICIAL RECORDS), ALONG SAID NORTH GIVE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0'2T30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN S.0°26100"E. (SHOWN IN ERROR AS S.0026'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING 1.2 2I28/08 revision Packet Pg. 506 THEREFROM (1) THE EAST V2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHMAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD 5-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 'A OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUT1IfiAST 114 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN 5.89°53'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN S.89053'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.41 01 1'03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0°0642"E., FOR 120 FEET, THENCE RUN N.89°53'18"E., FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S -865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS AXY-LAND ADDED THERETO BY ACCRETION OR RELICTLON, AND LPS$:'��, Ar4CI�'",ANY LAND LAST THEREFROM BY SUBMERGENCE OR EItiS,IN. PARCEL 9- e THAT PORTION OF THE NORTHEEAST-IXOF THE �SOWHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RAN04t2 ...�&L, �-'d ER COUNTY. FLORIDA. DESCRIBED F 3LkI� i�t�IVi' VO* OF BEGINNING AT THE NORTHWEST O OF THE ,aSCiL7'T 11,E OF THE SOUTHEAST 1/4 OF SAID SECTION ,,1;! :9°5'L.,..?AR 504 F', ALONG THE NORTH LINE OF THE S6, T 1/4 OF THE `S�AUTHEA.S'�=` 4 4 OF SAID SECTION 17, TO A POINT Ole{ BULKHEAD LL1 �,A$ S�IbWN ON PLAT THEREOF RECORDED IN SL LINE PLAT BOOK, I;"'WAGE 7, OF THE PUBLIC RECORDS OF COIi' R -COUNTY, FLORIDA TI CE RUN N.0°26'00"W., FOR 100 FEET, ALONG SAID�$UJLIl AD 1 VE; T NCE RUN S.89040'55"W., FOR 560.23 FEET, ALONG SAID E; TO A POINT ON THE WEST LINE OF THE NORTHEAST 114 OF THE ^SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN 5.0'25'41 "E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELLCTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°52'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00014'00"W. FOR 1698.91 FEET; THENCE RUN N.54°47'52"W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN Q.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79017'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN 1.3 2nSM revision Packet Pg. 507 I 9.A.1.d I N.02059'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417,66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O-R_ BOOK 68, PAGE 235); THENCE RUN N.27015W"W., ALONG SAID AGREED BOUNDARY TINE FOR 705.31 FEET; THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05037'50"W., ALONG SAID AGREBD BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN 5.89°54'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN 5.02°12'00"E., ALONG THE EAST LINE OF SAID SECTION 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68, PAGE 235) TO THE, POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEP'1,.-'HI{. 1GHTS-1F-SAY OF STATE ROADS S-865 A (ALSO KNOWN AS V pFR 'Mi T" DR ), 5-846 (ALSO KNOW AS BL.UEBILL AVENUE : i AND LESS AND PROPERTY: ALL OF WIGGINS LASS $ VNlT? O 4��'APD MON, ACCORDING TO THE PLAT TE1 Et RECb I ;FIN 1P1: iT B 6K 101 AT PAGE 81 OF THE PUBLIC RECO , bF,C-dd.-C�OCII Y, I :ORM'A, AND ALL OF WIGGINS PASS LANDING§ T NO.1 ACCORDI TO THEki*t THEREOF RECORDED IN PLAT BOOK iQ;,^fit PAGE 44, OF PUB - .,'RECORDS OF COLLIER COUNTY, FLORIDA ,BEING MORE PARTICUL I, 7bESCRIBED AS FOLLOWS: BEGINNING AT THE QL `13I3AST CORNEFA- rt)b� 4 OF SAID WIGGINS PASS LANDINGS UNIT NO:I " AIUN, TE10E`' N.89°52'20"W. ALONG THE SOUTHERLY LINE OF SAS -_LOT 4, rA,_'DISTANCE, OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAIDTHE4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLACK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89052'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOFT CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.00° 14W' W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET; THENCE N.34°2615"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEELTO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87048'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 TTSI' TO THE NORTHEAST CORNER OF LOT 3, BLACK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE S.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87°48'00"E. A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE 1.4 2/28M rrvision Packet Pg. 508 S.02' 12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDTTION; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: A PORTION OF LAND, - .1;D�TTHE-4 s 12 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE ,2,fi T OF COLLIER C , FLORIDA. BEING MORE PARTICULARLY AESCRBI?R.AS FOLLOWS: COMMENCING AT 50U 7 Cl? -0 T* SOUTHEAST 1/4 OF SAID SECTION �0; I+i2I�OI ' d TIDE EASTERLY LIMB OF SAID SOUTHEAST 114 A DI.$T*NC%(�Fj',"f'A �01 ' THENCE 5.87°48'00"W., A DISTANCE OF �0 *igW—`T()�kkl ON 'h& WJi ERLY RIGHT-OF-WAY LINE OF VAND$OI.T DRIVE, A 100% FOOT HT -OF -WAY AND THE NORTHEAST CO , , OF LOT 1 BLOCKO WTI , Ii S� PASS LANDINGS, UNIT NO. 1, ACCORDING10,THE PLAT THERE4 ; ED IN PLAT BOOK 10, AT PAGE 44, OF THE ki BLIC,RECORDS OF CO',COUNTY, FLORIDA, THE SAME BEING THE POIN bF-B�GiNNi iC`OF'.''l E PARCEL OF LAND HEREIN DESCRIBED; THENCE S 97°a4 1LS''ANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID WE; 'THENCE N.02" 12'00"W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLACK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE S.87°48'00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NOA, A DISTANCE OF 1481.48 FEET; THENCE S.34°2615"W. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NOA, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54047'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN 5TTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68. AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.05°9'30"W., ALONG 1.5 2/28/08 revision Packet Pg. 509 OR; 43H PG; 240b 9.A.1.d SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FE I; THENCE N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET; THENCE N.87°48'00"E., A DISTANCE OF 2472.71 FEET TO A POW ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02012'25"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET; THENCE S.02°12W"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. 13 PROPERTY OWNERSHIP The subject property is owned by A.L. Dougherty Co. Inc., a Delaware Corporation. lA GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park ...on.-the_Fast by Tarpon Cove PUD and Wiggins Bay PUD, on the South by tha;-'laic .8 p21-on the North by Arbor Trace PUD and the Retreat B. The zoning pfassif f on.._Qf;.the project prior"t7p ap�mval of this PUD document was RSF-3,r'(3),tS 3S a(3j; F � itSF-4 (3i6AF-12ST (3), RMF 12 (3), RMF-6 ST 3), RMF_N,3),.aad A- T - 1.5 PHYSICAL P A. The Pro* ei .lip within South Flo ",!�� Water 11r iiagemcnt District No. 6. Drai e Y t. will disc 'into y f i ha Ba �S ,., property 3 y B. Water Manageftientcjlitias for the Pro' '.'�tcill�`be designed and constructed in order to introduce�Atj t, 8tP, `1t061 sto wetland areas in an attempt to assist in the restoratronbf hrsorrc wet..-rctention and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the arcs, however, falls within the 10' to I 1' foot elevation category. The site lies within Flood Zone AE (EL I F) and AE (EL 12') according to Firm Maps 120067-019 1 D, 0187D, and 189D, dated June 3, 1986. D. Soil types within the Project include Ken fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Departmemt of Agriculture (Soil Conservation Service) in March, 1954. 1.6 2128108 revision Packet Pg. 510 OR; 4368 PG. 2407 Lb M The Cocohatchee Bay PUD is a residential and golf course community with a maximum of 590 dwelling units. Recreational facilities including a golf course, clubhouse, maintenance facility, caddie quarters, and guest suites will be provided in conjunction with the dwelling units. Residential and recreational land uses are designed to be harmonious with one another in a natural seeing by using common architectural themes, appropriate screening and buffering and open space. SHORT TITLE This Ordinance shall be known and cited as the " &ZENDED COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE." e z. - r r' 1 l! 1.7 2r2M revision M a m aD m t 0 U 0 t� N 0 0 0 N N O N J d O It 00 Ln N Packet Pg. 511 SECTION H PROJECT DEVELOPMIKNT 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. r ► !flyk�I N 73 afl A. Development of Cocohatchee Bay shall be in accordance with the contents of the AnnkLPIanned Unit Development document, the Settlement Agmment and $Tease parhed hereto and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of igsuancc of any development order, such as, but not limited to, Final Subdivision Plat, Final Site Development ; Plan, -...Excavation Permit, and Preliminary Work Authorization, to whicti" "ii.eriuns 'relate. Where these regulations fail to provide developuientalssacidaids; then 4rsiogs of the most similar district in the County LAP!" "velopment Code shatl�apply i' B. Unless noted; the definiticns� of all`,�L� shall be the same as the definitions �set forth ip,the t o11 er aunt}�:,.I.at}d,D"t lopment Code in effect at the time of buldin pexiii,�appliatiot. s C. All condi c ns ir�poscd aijdp.,a]f gra is ma r l p ntad depicting restrictions k M, for the de�161 nnettt of the Cocoh hee ]day ' `'shall become part of the regulations,W"- govern the manner in hie r thePUb site may be developed. D. Unless modifi , ,caved or excepted by, t�� PC)D, the provisions of the LDC, where applicable, tti'rnain;in-.full..foxce-.an effort with respect to the development of the land which camprZs It p E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of , Pacifies; of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including land uses for the various tracts, is illustrated by Exhibit "A," the A=dW PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table L The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. 2.1 2J28108 revision Packet Pg. 512 ill/7`iglda B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities, golf course layout, roadway pattern, and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE Wh MARY TABLE I M MAX, D.U.'s I Saum Footage AEG_ F�SR Residential "R4" M 490 53a 44.00 i i- ';4 Golf Course "GC" '`�,,�?;--- 2* -N _ �-� .,'��. 170.39 +/- Open Space ' _ _ .__..... rc1VlA,.W _._ .._. ; .. ` 308.00 +/- (Preserve, Lakes and LandScapt Buf%rsj f�'r �•^d `ca `r � � �1 � i�� ' � 'art ..� Totaha 59b* s E� ; Total 532.09 +/- acres 2A RELATM APPROVAL A. Prior to the retarding`af`4 rd[Plit, ,�A&& Condominium Plat for all or part of the PUD, final plans for all requucii improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the Ammjdcd PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida- B. Revised Exhibit "A," the &mended PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the Amended PUD Master Plan. Any division of property and the development of the land shall be in compliance with lMi the Collier County Land Development Code, and the platting laws of the State of Florida- C. The provisions of DWisien 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of 2.2 2128/08 revision Packet Pg. 513 land as provided in the Collier County Land Development Code said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Divisiee-34 of the Collier County land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public and private casements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities: 2.5 MODEL HOAM / SALES OF CES g � Model homes, sales crters,And other uses and saric(tirm related to the promotion and sale of real estate such'as; but not limited to, pavons\lviewing platforms, gazebos, parking areas, tents, ;0d" igns, Shall ----be-.;, trti \ prit cipal uses throughout the Cocohatchee Bay' subject ti�.tlt '33.4. of the Collier n CountyDevelop yt ami e �ecti6ns. Sales facilities will be permitted or to fra play Apn Pn the Collier County Land f1 Development C'o et' _ V, g ; t«„ J .o 2.6 AMENDMENTS TOVUD DOCUMENT Olii'Vo M&Fftk PLAN Amendments may be� `h a& to the PUD as prbv ' in the Collier County Land Development Code; Seeb i ' 2.7 ASSOCIATION OF PROPEii'JC'Y - ...0..;.- WNERS FOR COMMON AREA MAIN'MANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' assoeiation(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the Florida Department of Environmental Protection. U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 2128/08 revision Packet Pg. 514 0D.; 43 f R PG ZS DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development . The Applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 29 GENERAL PERMITTED USES Certain uses shall be considered general -permitted uses throughout the Cocohatchee Bay Community PUD except in tbe1►e,,Dttfc� .Genera] permitted uses are those uses which generally serve the.i�evclo fer and restd pdof the Cocohatchee Bay PUD and are typically part of the cornp*irifiastructure or are cotisid*d community facilities. A General 1. Fib sery s t o 7t,0ndi Ml p06llier Eounty Land Development F I ... i ? t Ifa i 2. Wa p� r nagr ment facilities ai4 related s 'ttucr . 3. Tempo ,:swage treatment facrtttes�, 4. Lakes incltug with 114 tre'ads tir other architectural or structural bank treatments':__s 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways. parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 2.4 2128I08 revision Packet Pg. 515 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half (1/2) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping.= 4. Nfini m4mlldisjahce between unrelated s ruqures - Ten feet (10'). 5. 6. 7. Sidewalks 'bi a(6sj.,atid.-ratipaths,=kb�,�la�edwithin County required s however the width { the ri buffer shall be increased propprtxol�ately to the width of aye4i r of the sidewalk, bikepath, or cartriottL", 8. Standards f`or pa p landsc;af ng, sigt send other land uses where such standards are hors - ate .to be in accordance with the Collier .f County Land DeveGjiir tnt'Codo in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The Amended PUD Master Plan oa4* satisfies the open space requirements of the Collier Coanty Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2.5 2128M revision R m aD aD O U O U N T 0 0 0 N N Co N J a 0 00 LO Packet Pg. 516 21Z LANDSCAPING REQUIREMENT A. A perimeter berm shall be constructed in conformance with £eetiea 2.4.4of the Land Development Code. l . True and shrubs shall be planted along the base of the barn so as to visually soften the appearance of the side of the berm 2. Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75 percent native species. 4. Shrubs shall be a minimum of 35 percent native species. B. A minimum landscape area of thirty-five feet (35') shall be developed along the Vanderhih Drive frontageid}and buffer on the west side of Vanderbilt Drive shall include �*vciopnxnt btu ' the view of hi rise residential struct#ir�,s' from Vanderbilt' ' _ ` F y f 2.6 2/28/08 revision a. m a� m z 0 U 0 V N v 0 0 0 N N O N J a. O 0 to CM Packet Pg. 517 3.1 PURPOSE 3.2 3.3 3A SECTION M RESIDENTIAL "W' DEVELOPMENT AREAS The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A," the Amended PUD Master Plan as �K-F!" and "RW'. MAMM M DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590. The subject property contains a gross acreage of 532.09 +/- acres and base density of 1.11 dwelling units per gross acre. GENERAL DESCRIPTION - ; � ~, Areas designatedas " „ "�," S _`nw''', a ' r PUD Master Plan are designed l� by ., r _ ,� to accommodate high-Lisertsidenhal dwelling unitts multi -family dwellings, adult living facilities, con bl nonresidential uses, a �fijll range of recreational facilities, essential services, aria custamaiy- ccessory-usm,, The approximate I des are °�P 't I & al i z A it development fiw% ,gib .p i ►t 0. t. tie of g Subdivision Plav, vats in accordance� with eespe 6yely,—e€ d*",OWer County Land D60elopp designed to acconin oY `' ��°°ternal roadways, of ," and water managemen ,%lM and other similar We USES PERA TTED A. veinal Uses 1. Multiple -family dwellings. 2. Guest suites and cabanas. P,UD Master Plan_ These *. Actual acreage of all 3*ent Plan or Preliminary Residential tracts are ks and amenity areas, lakes in residential areas. 3. Any other principal use which is comparable in nahm with the foregoing uses and which the Planning Services Department Director determines to be compatible in the _M "D' " wd '!R22 Districts. B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitt,cd. [M 2/M08 revision R m aD aD U O U O U N T 0 0 0 N N Co N J a 0 00 LO Packet Pg. 518 _... �— � -V� 741 �► 9.A.1.d 3.5 2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "W "k "' and "RV Districts. DEVELOPMENT STANDARDS A. Table f ]I sets forth the development standards for land uses within the "R" Residential Dtstricta. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Cocohatchee Bay PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. C. Off-street parkin*: rz9ud fvr- 3 `afpl� y parking rrtttd i` uses shall be accessed b aisles or drivew are separate frhni any roads which serve more than one development_," A green space area of not 16c than ten feet (10') in width as measured fttim psivtpaent ecTgc to. p&y�ent edge shl separate any parking aisle or drivewa}� frorii any abu�ng.road. 4 i DSVE LOPMI;NT STANDARDS Ma HIGH-RISE Mod- Famly Dm*bw+ MUZI NON HIGH RLSE (Other Str actara)+ Mbd� Lot Area N/A k-Ams h9ph germ Loot W Wth MA WA MA Front Yard - Internal Road • r 0.5 BH not less than 25 feet 9_JS4Q1-ee41Mr th" 25 few 0.5 BH not leu Front Yard - Aeeeasory Mfg. Strodare 0.5 BH not less lima 25 feet 444W-aoWl t1MkM 25 feet OS BH not Less 25 foct Front Yard - Vanderbilt Dtfic BH Nhik Foot Yard - 50 WA MA Side Yard 0.5 BH 4-5 Sear Yard Principal 0,5 BH 43 Rear Yard A 15 44) 1 3.2 212=8 revision R m aD aD U O U O U N T 0 0 0 CV N CO N J a 0 00 LO Packet Pg. 519 OR; 4368 PG; 2416 Mmhd BDdl Begirt 20 stories for a maxim► hright of 200 feet "2 4 31 Distance Between Pri■dpd Shuduret 0.5 SBH "3 Aj RN aeFlow losst4f 4*M 0.5 BH not kas Floor Area Min. S.F. 1900 SF NSF • IM: (Building height): BuildM height abaft be the vertical distance n eamrod from the flat babitoble finished Hoar elevation to the uppameat finished ceiling elevation of the structure. ,S$jj: (Sum of Building Height): Combined beight of two adjacent buildings for the pttpom of determining setback All distances are in feet nnie:s otherwise noted. • 1 Front yards shall be meaaued ar follows: A. If the pared is saved by a public right-of-way, wdm& is measured ham the adjacent right-of-way line_ B. If the parcel is saved by a private rod, setback is measured from the be& of nub (if cubed) or edge of pavement (if net m bed). 02 Building beight for the north property line adjacent to Arbor Trace in the ' It-" trad shall be u 4-5 stories for a maximum t�� >r �� +3 whew buildings with a ootnepn asch�socpa l e a44*�or offset ftm one another, and walls are not paral1d m one amtha, the setbacb pa {be;adminhtrsrlvdy todttced. " ' �'� .�fi- 3.3 2128/08 revision a m d m z v t O u O V N O O O N N O N J d O 00 to CM Packet Pg. 520 OR: 4368 PG: 2417 SECTION IV GOLF COURSE "GC" DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for Development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERhHTTED 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 Uscs-.and 1. Golf cottisc j;and golf club faci litio caddie quarters, clubhouse, guest suites, inclpd rig temporary golf club!>b4m \ 3. 2- Prbjedlnformai000 and sp esk V 5`t 6.3 Coniur►ity`mand golf course r�rain z , maintenance buildings, 1 , rvices, irrigation wi #isr. skid + :iue t storage tanks and ponds, water' rastcwatier tteatment plik4is,,,.ju ty`ng facilities and pump builditi�;41'1q and maintenance st nffjCcs. Arty of e o "P'' VC standards o the "P" District. 6.4. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this District 2. Pro -shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 4.1 2/28/08 revision W a m a� aD t U 0 U 0 U N T 0 0 0 N N O N J n. 0 1* 00 LO Packet Pg. 521 OR; 4368 PG; 2418 9•A.1.d �f 1 3. Retail sales of associated recreational equipment and apparel, such as, but not limited to, golf, tennis, and other recreational related equipment apparel and accessories. 4. Restaurants and related uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible" , II�C+i/' .1 Sul �►� A. Principal strticuu6s 'shall beset-back..a rl inimurn of -'twenty feet (20') from Golf Course District Iboundarid;AndWIvate reads, xri4 twepty-five feet (25') from all PUD boon }esi ,......... B. Accessory Tis `all be „s ib k at ni pumt `v ten feet (10') from Golf Course Dist{rboundaries and privy r=foads; and ttw, enty feet (20') from all PUD boundaries O idential tracts. �f _ Viw f C. Lighting facilities �h be arranged in a maT ' ch will roadways and residential prope s�sfr glare pit dtrrct of-�, le interference. D. Maximum height of -- ----- I . Principal Structures - 2 stories for a maximum height of 20 feet. 2. Accessory Structures - 1 story for a maximum height of 15 feet. E. Minimum distance between principal structures - Ten feet (10'). F. Parking for the community centedchubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking, provided the golf course and recreational facilities are private, otherwise, applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S. 41. 4.2 2/28108 revision a m a) aD t U 0 U 0 U N T r O 0 0 N N O N J a 0 1* 00 U) Packet Pg. 522 IL Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. I �� F I 1111 IT] F-TiT, W�Wml O,Mr,.MT �=NMTZ-Yfl! L -_G I I WFIRT-RATMIM . 1 -1 1 -1 5 AMT111111110TEnn- r--OGC!!'MNCTU A Mn %F Ir to Artzi 7 Ftenk Yard c2a- Y"d < , 10 2.1 2.0 RW Y1W AACOMPay spa;�d** Mxdmm Ng UdxW f2i 2dodaLmd 18 zoned beilk Bdwftn Pnncand Shuchmu IQ —Dbtnm F. 1200S * From vnds dun be =mrod w follow M-F 2128/08 revision 4.3 I Packet Pg. 523 a- Customm awmory uses and sUwtum..jp&judingnot lito: i. ► tits• pjd. t ' i.! :. s• and • _ 17-K ► ..1_ Egj&gfian 4S 11. i. l d mW-milemaum WatoE=nWW&flt b&Mes and lakes v. Ol. WMt house► a by 1. LMd 1� • ►!!L tCode) tl!i4_L MIS gug !,►.m ° e migg quarters combingd-shallnot will -rot be counL--if as adft-ual density. b. 4.4 2128/08 revision Packet Pg. 524 SECTION V PRESERVE " P" DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Amended Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Amend Master Plan are designed to accommodate a foil range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. 5.3 USES PERMITTED No building or structare,,ovpartTiher�of,�-shal1.t � aroc Aal ed or used, or land used, in whole or in part, for other than tfie , U A. Principal Usesy 5 _: ,1, I._ r..r. 1. POkVer 1 °'A �� r "ALL-- r ,. , lls Bigule_..._..w-......- i.. Environmental uses (wetlands and conservation arras) iv. Flower beds v Golf cart paths vim, Pathways and/or bridge. vii. Handicap ramps v�ii. Equestrian uses and trails * Fitness trails and shelters * & Hiking and nature trails xi. Qpen space draiaM systems (mguired for the nermittin of f the Rmiect) xii. Parking lQq (in support of any M within this section) Aiii. Sidewalks * - xiv• Underground drainage xv. Water narks (fountains) a 2I2M8 revision Packet Pg. 525 OR; 4368 PG, 2422 9.A.1.d 7-11 ,1Sa i JAkc (including structural bank treaitnents) xvii. Boat (non -motorized). kayak and canQe�cks xv Fishing Rim xix. Guardhouses; QatehQM ML Passive narks, with passiveE2Mtional uses subject to this oction. (Intended to be limited to the definition in 5 peveloptnent Codel xxi. Gazebos L& i. Picnic saes Alt Wildlik an=a xxiv, tonal shelters, in vmmr, upland areas only xxv. Drainage and water management facilities as may be reauiW utli rry� I T sal by • Eti . 8. Any o assory use which is coy j ` �e in nature with the foregoing uses and q%hiOh'thc-Plannin�-,Planning,es. eatptment Director determines to be compatible a�� y , 5A DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with SmAien Collier County Laud Development Code, as amended. Any lot abutting a protected/proserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area in which no principal structure may be canstmcted. further the plat shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback without the prior written consent of the Development Services Director. In no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures - Twenty-five feet (25'). 5.2 21L M revision Packet Pg. 526 C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5'). E. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein arc to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development C .. .. for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with t qt", -set forth in any applicable permit granted by other agencies. Thee Dev�lq `_.its -Rk6i T r(s)., or assigns, including the Master Property Owners' Ass at<8tt.,shall be r+rspor►suBie R' Ontrol and maintenance of lands within the Preserve Diitii€i./ 5.3 2/2=8 revision Packet Pg. 527 2 9.A.1.d SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development C shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. t The Developer, his suc�cesspi".or assignee, shall fblto'WAbe, Atmnded Master Plan and the regulations of the PU6 6�,sdopted, and any otba cati itions or modifications as may be agreed to in the rezonin�..�f ie prop"erty.-.-In... tion, any successor or assignee in tide, is bound by the comniitmGints witlu�ri`- . a ernen A 6.3 PUD MASTER PLAN — ;" A. Exhibit "11,' �:Zhc Ameni% PU)3 >>, MasterP�la ,i' illustrates the proposed developmcri ,#04 is conceptual in ,�c.ji pd, ed tract, lot or land use boundaries or, al land use boundane , ,$llail+ roti be eonstrtted to be specific and may be ust�d., during the platting -cat ift development plan approval process. Sub " pros jest lliercrovisiorts_s€e� of the Land Development Code, PUD amendtrtehts°',rri e tii itotinne to time. S. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. C. The following shall be considered minor changes and refinements, subject to the limitations of PUD, Section 6.3A: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of environmental regulatory agency review, as long as the changes do not cause additional impacts to protected species or habitat. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South 6.1 2128/08 revision Packet Pg. 528 OR; 4368 PG; 2425 Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 4. Internal realignment of rights -of -way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project inf astrucxure anticipated to occur in.ciclar ,rZ�Q(�0�i00L Marlccting of commercial and residential sites and golf cerise-roeir3 t�sl ps to begin in calendar year 2000, and arc expoctc t;to}be§tfirtclWed in Calcttdar vet 2010. B. Monitoring C. The Coca ..7.9.4�€ 6.5 POLLING PLACES?",.. r PUISUarrt t0 Se8Ei9a-�0r the future use of space within function of an electoral polling be submitted pursuant to Code. Provisions of Seetien r provision shall be made for the purpose of accommodating the An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, that such common .facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. A. Sidewalks i bike paths shall conform with the LDC. Due to the environmental issues on this Project impacts are to be minimized.. 6.2 2/W08 revision Packet Pg. 529 1 9.A.1.d I 6.7 B. Private streets shall conform with the right-of-way width requirements of the Land Developmcnt Code LW except as follows: Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as required by the Land Development C9 . 2. All other cul-de-sacs are required to have a minimum of fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as required by the Land Development . . 3. Tangents between reverse curves shall not be required under 3.2.9.4.16. 10a the Land Development Code. 4. Street grades may exceed four percent (4%) under SubseeEien 3,2.8.4.16.14. e the Land Development Code provided that applicable Florida Deon, Manual of Uniform Minimum Stattdards HTO criteria are met. 0 6. Of Traffic circulation sib} 'At of Transportation F Fiaffiie Control Devices all be appmvod by the ith the Florida Department ation Manual on Uniform mients for street pavement main road system will be conformance with Florida Administration Manual on t he minimurft-+ack1df'cOcl W446r internal roads shall be 30 feet with the exception of botlirrariix road intersections which shall be 40 feet. TRANSPORTATION — For Additional Informaiiom see Settlement Ara cement and Release A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at Project accesses when deemed warranted by the County Engineer. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Project accesses prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. B. The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, East/West Livingston Road, and/or Wiggins Pass Road rights -of -way if such improvements conflict with or 6.3 2/28M revision Packet Pg. 530 2427 negatively impact public roadway, drainage, or utility facilities planned as part of future four-laning construction- C. The Developer shall provide additional right -of --way in fee simple title, when necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive as shown on the final four -lane design plans prepared for Collier County by Johnson Engineering, Inc. Such required right-of-way along cach side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without consideration for impact fee credits for public roadway, drainage, and public utility improvements. The right-of-way conveyance shall occur at the time requested by the County. D. The Developer shall provide additional right-of-way in fee simple title, when necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and authorized access points wherein right turn lanes for development purposes are required or specified. Such additional right-of-way is declared to be compensating right-of-"p -'ugly will not be subject to road impact fee ., �. credits. The final,€oir-q::tgn lilafss' for Collier County by Johnson Engineering, Inc:=4c o%tro't show required it t0-ic�Yay for right tam lanes for this PUD, but the,:rig�tof way shall generally be `f a�ical width of approximately 15 feet. 7116 at the time requested by the County. ��. .. E. The Deve apersshall pr%vule tlro ad*ilofn4,,lbAeet of fight -of -way in fee simple title, whernooay,larn_irpion "e Wigg6s Pass Road. Additional right -of -way -it "quiied in varying wi�dlths on'the tali�Fsidc of Wiggins Pass Road as shown tilfinal four -lane dcsinsF= for Collier County by >p1 Johnson Hngiii , Inc. Such requii $hC,o -v�ray abng Wiggins Pass Road shall be dedi �tcd. qr+d conveyed to Collwithout consideration for impact foe cnadits`%pu c madwa3�, that R'/and public utility improvements. The right -of --way conveYir,4shad atfime requested by the County. F. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD's north boundary for future East/West Livingston Road between Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the north of this PUD has dedicated 67.5 feet of right-of-way along its southern property line for the future EasdWest Livingston Road. 100 feet of right-of-way along the northern property line for future East/Wcst Livingston Road shall be dedicated to the County. Such required right-of-way shall be dedicated and conveyed to Collier County for public roadway, drainage, and public utility improvements. Collier County shall compensate the Developer for the right-of- way based on professional land appraisals of the fair market value based on its value prior to approval of the PUD. The right-of-way conveyance shall occur at the time requested by the county. 6.4 2/M8 revision Packet Pg. 531 G_ The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project (this includes turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four -lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four -lane expansion project, the Developer shall pay all design and construction costs related to access for the Project. li. The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stormwater commitments from East/West Livingston Road along the Project property line in the formvf-,Water.:q 'city, Water quality will be handled within the 167.5' right-of-.Wiv re a nation ". L The Developer design noise mitigation(abaipment systems in accordance with the Collier ! Develop7nt Code. 91 1 J. In the ever t thC, Ca.... �fqt `I .3... b m n` ilo Vanderbilt Drive or Wiggins Pass Road theft de ve opi nF$Dje¢t's 4ccess to Vanderbilt Drive, the Develd he l'cost, or thr�' cc Css4nd ippropriate turn lanes. 6.8 UTQ1rEES The development of tt:� PUD Master P4641" be subject to and governed by the following rnditions.hw� A. Water distribution, sewage -collection and transmission lines to serve the Project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be consbnxxed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on -site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During design of these facilities, the following features shall be incorporated into the distribution system: 6.5 212&M revision Packet Pg. 532 Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. D. A water distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights - of -way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. E. All construction plans and technical specifications and proposed plats, if applicable, for the be reviewed and approved prior to commencement of.c6rdknk6nn. -' F. A sewer diptni uii n system shall be structed throughout the project development by;#iter, eyel4eF pugs t to all,cuuitnt requirements of Collier County and' the State of F% Aida: ewerf cilitiesdonst�ircted within platted rights - of -way or vvith'utlifaiiactsetbztli',Collier County Ordinance 97-17, shall be c�nvoed to glue �0i nty'{'' Iwe� D*trict for ownership operation and main, 'SgAil `cr flis`-ad private property and not required b riLthc County to be ]ocatc rwithan ut ity'0mments shall be owned, operated anihintained by the Devol "� hi or successors. G. All constnucti 5 plans and technical specifications and proposed plats, if applicable, for 48it be reviewed and approved prior to comnvmce ent of coast ciri 6.9 ENVIRONAER TAL The development of this A=ndod PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation traces or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. 6.6 2l28/08 revision Packet Pg. 533 Buffers and setbacks shall be in accordance with Vie€ the Collier County Land Development Code, C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservatioa/preservations areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site pladconstruction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCQ regarding potential impacts to protected wildlife species. Where protected species ace observed on site, a Habitat Management Plan for those protected specie-•sba`� I submitted to Planning Services Section staff for review and approval Trorxofirraj �,la*;�ttstn�tion plan approval. A Bald Eagle MaMTC;Ie4,P`Jari'-and a Qopher Toitoisefrr' 4anagement Plan are required for this site. r t z 6.10 ENGROERiNG -) 'N A. Detailed pa g, grading. site dratnagei� god; utf[r+ plans shall be submitted to Engineering R�ed Services for reviei: Np cntisiction permits shall be issued unless and unttrl `loyal of the Propo `«?nstr ction in accordance with the submitted plants is•JA-nte --by-bynew Services. B. Design and constnrction of aTl° lntprovements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. C. The Developer, its successors and assigns, shall be required to satisfy the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 6.11 WATER MANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with DiyWen 3.5 of the Lmd Development GWe Collier County Code of Laws and Ordinances and South Florida Water Management District Rules. 6.7 2J28i08 revision Packet Pg. 534 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to the Land Development Code, if, during the course of site clearing, excavation or other constriction activity a historic or archacological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors storage and office facilities and the like, may be erected and utilized during the period of Project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.14 SIGNS A. All rCounty gi&—ragulatigns shall apply cor lict,,*i i t# tin ij#qns'' ry��g9f iii tip � `@ if i Nt B. Ford ;thcngpse'of,tiiis'l? Docpt shai�l nle°trs7dered a separate parcel Of is as Utiittcd herein.; 1 C. Should iy#p the signs be of -way, ai$1t otway_perr D. All signs shall be located so aii� 2. Entrance Signs such regulations are in ace, each platted parcel shall be entitled to signs ced within the public rights - for and approved. to cause sight distance problems. A. Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. B. Entrance signs shall not exceed a height of fifteen (15) feet shove the lowest centerline grade of the nearest public or private right-of-way to the uppermost portion of the sign structure. C. Entrance signs may be lighted provided all lights arc shielded in a mercer which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. 6.8 2128108 revision Packet Pg. 535 6.15 A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use within the Project shall be permitted along the east side of CR 901, the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay PUD limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site not may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along the. CR 901 frontage; one (1) shall be located along the Livingston Road Extension frontage, and one (1) shall be located along the CR 888 frontage. 3) All landscaping f6f'b , et�xl�Collier Coi4ty, application. 6.16 PROVISION FOR :h prevents using the in REMOVAL OF led all lights are shielded in a which would impact the vision bets or going into adjacent cordanec with the lei-isies 2.4 E ,tithe time of building permit 'BEN MATERIAL ..r The excavation of earthen taa1 ant stockpiling in preparation of water management facilities or other water_,_Wdk is hereby permitted subject to applicable sections of the Land DeyelepwAnl Gede Code of Laws and_Ordinances. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to DWieien3.6 a'f the Land Deyelopmet Gede Code of Laws and Ordinances whereby off -site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of the Code of Laws and Ordinances said are applicable. 6.9 2/28/08 revision Packet Pg. 536 OVSSZ) (MMOZZOZ-1d) soon dn-moes OdOO vand Ae8 aayo;ey000O - 3 IIV :;uawyoe;;d LdY Ond-Lf►08 ON UVfV 1F,IlpAI 4 Ifll'i(YffII + Z rroa :*ON 103roiid on.1 , `� j O IA -ea Nvrla ? aMm ana '51'N BO-9t-10 A3& �� VSS��n XVg 3[3ml'ynQ� 37YrJ5 00-6z-80 31YO r+�y �u� ray }nautnaoQ;uarudo!a,tad I!ufl PaumId Papua' o3 «d>, I!9!qxa B IJ . • � 'Y Ste., 'i"`f„, 1 k t ! V o w � OR; 4368 PG: 243 9•A.1.d EXHIBIT B COCOHATCHEE BAY PUD AMENDED BALD EAGLE MANAGEMENT PLAN The foregoing Bald Eagle Management Plan has been coordinated through, and approved by, the U.S. Army Corp of Engineers ("USACE"), the U.S. Fish & Wildlife Service ("USFWS"), and the Florida Fish & Wildlife Conservation Commission ("FFWCC").' A. PROJECT DESCRIPTION The ap,3licant proposed to construct five high-rise condominiums (each 17 to 20 stories) , a social and fitness center, a golf driving range,3 tennis courts, guest cottages, parking areas, and storrn-water-management facilities on a 111.3-acre project site. ry e eagles at nest CQ-101 and n6wiCO- I0A!--_the k p ica and preserve su%t l ' %at . #.. esti%11g bald' - Collier County, tt"SA,>}thwest Florida. Thal roject s Pass Marina in Sect Q s 8, 16, 17, and 2 1:iIa s Collier County, Florida: ".," X 1 B. TERMS AND CONbfrI'NS .ihavoidable effects to bald eses-te shall purchase in, or in the vicinity of, 5, located north of Wiggins 48 South, Range 25 East, 1. In the event of project implementations, the entry road, stormwater pond, parking area, and golf club house areas will be cleared and constructed in the first non -nesting season (May 16 through September 30). Exterior construction of the golf club house would also occur in the first non - nesting season. 2. Land clearing and the initiation of construction of condominium number 1 also would be initiated in the non -nesting season (May 16 through September 30). However, construction of this 20-story building, which is 1 This section is from the DESCRIPTION OF THE PROPOSED ACTION section in the U.S. Fish & Wildlife Service's Biological Opinion dated February 27, 2004, as amended on February 6 and February 27, 2007 2 In accordance with the Cocohatchee Bay Development Standards, buildings #1, #2, #3, and #4 are 20- stories and building #5 is 17-stories. 3 Private practice area. Not open to the public. ` Biological Opinion dated February 27, 2004, Page 14, as amended on February 6 and February 27, 2007. Packet Pg. 5 8771 OR; 4368 PG; 2435 9.A.1.d anticipated to take about 2 years to complete, would not be limited to the non -nesting season. The staging area for building number 1 would be at the future location of building number 3 (Figure 1). Site clearing for the staging areas would occur in the same non -nesting period. 3. In the second non -nesting season, construction of the remaining recreational facilities east of the access road (i.e., fitness facility, social facility, pool, cottages and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2-year construction phase for condominium number 1. 4. Land clearing and the initiation of construction of condominium number 2 likely would begin in the next non -nesting season, depending on economic conditions. The pad for condominium number 3 would again serve as the staging area for condominium number 2. The permittee agrees the construction sequence „--for--Ahe�.remaining condominiums would be buildings 3, 4 and 5 uvftl the start b cbnnstruction of these condominiums " a4 `) (Figure 1). The construction It initiated only in j,,-thb--,.non-nesting se oix'(s start dates of Aidse condominiums likl would be in consecutive non - nesting seasons,°littf could,be.del4yed based on'the economy. 5. The boar wall co_n'h` c ra c n urii ` timbers 4 and 5 inside 660' of CO-19A ;would onl v lxe of str s?ted `in Ihea uplands in the non -nesting season af� r)e .,ti�vo %ompl4ted a d7 at the revised location as shown. "'; 6. In the event thb--bald eagle pair returns t }CO-19 or builds other nests on property owned 1<i} L'bdge Abbott Associates; LLC, the permittee agrees to similarly modify the,. doitthe remaining buildings to minimize the adverse effects of the"project on nesting bald eagles. 7. The permittee has proposed to preserve an off -site bald eagle nesting territory as compensation for unavoidable effects to eagle nest CO-19A. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. The permittee will use best efforts to locate and secure a territory in Collier County, but reserves the right to search elsewhere if an acceptable contract cannot be secured in Collier County, C. ADDITIONAL TERMS AND CONDITIONS' S Amended Biological Opinion dated June 30, 2004 pursuant to a request for letter of technical assistance from Collier County. Page 4-5, as amended and / or re -stated in the February 6 and 27, 2007 Biological Opinion. Packet Pg. 539771 OR: 4368 PG: 2436 9.A.1.d The USACE has requested the USFWS to modify the February 17, 2004 biological opinion for the Cocohatchee development based on modifications to the project proposed by the applicant. The USFWS has reviewed the proposed project modifications and notes that they will result in the addition of the following two (2) items to the Terms and Conditions Section of the biological opinion: 1. The construction of condominiums numbers 2 and 3 can be initiated only during the non -nesting season (May 16 through September 30) (no earlier than 2008). However, once initiated, construction activities can carry over through the nesting season until the construction of each condominium is completed. 2. The applicant has agreed to purchase and preserve an offsite bald eagle nesting territory prior to the initiation of construction activities for the project. Securing a termxory-may be in the form of fee simple title or a conservation easement° Eliegr`anfedk'ta an acceptable third party. The territory must incluid sufficient art ,16,a commodate alternate nest trees in the event fhat.,;the primary nest tree *i§46st , The applicant will use best efforts to ldcate''ao-d secikz-a_.terntory in 'e-,olli�r County, but reserves the right to s'arclr elsewhe„if art acceptable conti;act cannot be secured in Collier Cpunt:tt setibri eerie follows: i) Pzefezce�cil lac"gin fo"ssectto.o.a peel that presently supports active nest%t�y bald eagles, but'; arcgl th supports suitable habitat for attracting l�"upporting nesting!, ald ea I may also be considered acceptable..°w', Preference wil �e ; ty�ri, b�u�t not limited to, selection of a parcel of suitable habitat that \fins f�eerr sblected and ranked as a conservation priority for preservation by agency process. iii) Proximity to other conservation lands being managed or identified for preservation and management, proximity to foraging areas, size, cover types, and presence of other species of conservation concern will be considered for selection of a parcel of suitable habitat for nesting bald eagles. D. CONSERVATION MEASURE6 Provided the necessary federal, state and local permits are obtained, the applicant will construct a 50- to 60-foot artificial nest tree on a salt flat approximately 5,000 feet northwest of the existing nest tree CO-19. The applicant shall utilize diligent efforts to attempt to obtain the necessary federal, state and local permits. The ('Biological Opinion dated February 27, 2004, page 15 Packet Pg. 5 0771 OR: 4368 PG: 2437 purpose of the artificial nest tree is to ascertain if eagles that are utilizing nest CO- 19 will relocate to the adjacent artificial tree. This specific location was chosen because it is within the territory of the eagles that nest at CO-19, farther than 1,000 feet from the proposed condominium construction area, well buffered from other potential conflicting land uses, and will minimize disturbance to wetland resources. The geotechnical engineer (ASC Geoservices, Incorporated) suggest that actual fill for the base structure in the salt flat wetland will be limited to a 25- square foot area, and can be pile driven by a crane from a floating barge. Water depths are adequate to reach the site, and representatives of the South Florida Water Management District will accompany the contractor during barging and tree installation to ensure that environmental damage will be minimized. The artificial nest tree will use technology developed for monopole cell towers with artificial bark, limbs and needles matching that of a mature slash pine with a crotch configuration suitable for construction of a nest by bald eagles. The tree will be designed to withstand 140 mph winds, be lightning proof and constructed of non -toxic materials. Examples-of-this.xechnology can be found at manufacturer websites such as www niturf.'ker cgrlm or www.utilitycamo.com. The applicant also proposes" tall a videocura'n the nest tree to provide the residents of Cocohatbhe�,Bay and other interes't0 pvies with an opportunity to monitor eagle nesting J bhavtdr:"-,The._,final,-designsof'�he base, the nest tree, and the camera will be submitted td'fhe.;Service. °: Any revision by lea U.S. Army Corp of,,Engi eers-`0," SACE), the U.S. Fish & Wildlife Service ', �WS), and the FfRida Wildlife Conservation Commission (FFWC ,) that may cause revisibri.-&C' above described terms and conditions will not requitefurther amenftefit 4b ; the Cocohatchee PUD or this Bald Eagle Management had 6ttrrent eagle pair or a second eagle pair build a new nest wi& t "-1 - boundary, any revisions to the above described terms and conditions required by the agencies listed above shall not require an amendment to this Bald Eagle Management Plan. The applicant shall notify the County in writing of any revisions to the above described terms and conditions approved by the agencies listed above and such revisions shall automatically become part of this Bald Eagle Management Plan and no further action to amend this Bald Eagle Management Plan shall be required. F. PHASING PLAN In accordance with B & C above, a phasing diagram has been included for reference. See Attachment 1. G. REASONABLE AND PRUDENT MEASURES' 7 From Biological Opinion dated February 27, 2004, pages 13-14 r Q Packet Pg. 541 OR; 4368 PG; 2438 1. For the duration of the project, the applicant must take all necessary steps to minimize the potential for incidental take of bald eagles during each nesting season. During the construction of the project, the applicant must make reasonable effort to prolong the integrity of the bald eagle nest tree, the nest, and the surrounding habitat. 2. Upon the onset of the nesting season each year of construction (October 1), the applicant must initiate monitoring according to Service draft monitoring guidelines, to detect the presence of bald eagles on the project site and, if present, any abnormal bald eagle behavior, since site work and building construction within the primary zone is proposed to occur during the nesting season. This monitoring consists of 4 hours per morning, for 3 days per week while construction is occurring. Packet Pg. 542 OVSSZ) (MMOZZOZ-1d) sooa dn-moes adaa vand Ae8 aayo}ey000a - 3 Uv :}uauiyoe}}d W O O rRA ❑ _ �� -M \ - 1 1000 25D'—ram > i111 1. y ! M Lf) a m M a Attachment 1 to BEMP -0 OVSSZ) (MMOZZOZ-1d) sooa dn-moes OdOO vand Aeg 80431NOOOO 3 IIV:IU8WLI3ellV oi Mz :9d SM :K *** OR: 4368 PG: 2441 N Vill E S NORTHERN PUO FRONTAGE ALONO WESTERN VAMNUER&IL T DR f RIW - 2017 L.F. :(10- WOE SIDEWALK M BEix GpNSiR[ICrMI f Y ,, I Q J? PROPOSED SIDEWALK (10' WIDE 04UL77-USE ASPHALT) SOUTHERN Puo FRONTAGE -) ALONG WESTERN VANDEPRIT DR. RIW - 1.692 L.F. +/- (FO' WIDE SIDEWALK TO GE CONSTRucTEDIREPLACED) Exhibit 4 to Settlement Agreement and Release u4"Pl—M d—k —Ent Z-4,� Vanasse KINSALE CONWMINAN CoCoMtch" Pwtw4 Lid 500 Level CIA Drive. 11uRe 30 Xw"Tafa MY AM 4 7— -S W09 Daylor ---I 1.4—c 1-4 NQ Rape F, -114 i 03 PUD R1W FRWAGE OHMT Ut 07 4611 IM411 I' . I-xv, She pf No. of 1 w M a. Packet Pg. 545 9.A.1.e AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE This Amendment to Settlement Agreement and Release is executed this day of 2023, by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC, a Michigan limited liability company ("Lodge") joined by Lodge Abbott Investments Associates, LLC, a Michigan limited liability company ("Lodge Investments"). BACKGROUND A. The County and Lodge entered into a Settlement Agreement and Release dated June 9, 2008 (the "Settlement Agreement"), recorded at Official Records Book 4368, Page 2345, of the Public Records of Collier County, Florida; and B. Among other things the Settlement Agreement resulted in approval by the County of an amendment to the Cocohatchee Bay PUD, Ord. No. 2000-88, set forth as Exhibit "2" to the Settlement Agreement (the "Amended PUD"); and C. Lodge and Lodge Investments have filed an application to further amend and restate the Amended PUD and the County has concurrently approved the Amended and Restated Cocohatchee PUD; and D. Consistent with the forgoing, the parties have agreed to amend certain terms set forth in the Settlement Agreement and have entered into this Amendment for that purpose. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. The above recitals are true and correct, are a part of this Amendment, and are a material inducement to the parties in entering into this Amendment. 2. It is acknowledged that the Amended PUD has been further amended and restated by an Amended and Restated PUD concurrently approved by the Board of County Commissioners, under Ordinance No. (the "2023 Amended and Restated Cocohatchee Bay PUD"). Consistent with its adoption the parties hereby amend the Settlement Agreement as follows. 3. The first sentence of Paragraph 2 of the Settlement Agreement is hereby amended to state: The settlement documents, at the time of execution of the Settlement Agreement, will consisted of the original PUD Ord. No. 2000-88 (Exhibit 1), the Amended PUD, concurrently adopted (Exhibit 2) the revised Bald Eagle Management Plan for the Amended PUD (attached as Exhibit B to the amended PUD), a phasing diagram entitled "Cocohatchee Bay Golf Course Exhibit" (Exhibit 3), and a Pathway Depiction (Exhibit 4). Page 1 of 7 4/21/2023 Revision Words underlined are added; words strike m are deletions Packet Pg. 546 9.A.1.e This Agreement and Release expressly states the acceptable deviations in development standards from the original PUD. Absent an express term in this Agreement and Release, the original PUD will control. 4. Paragraph 6 of the Settlement Agreement is hereby amended as follows: Within fifteen (15) days of the Eff e five Date of this SettlemefA Agreement, Lodge has contributed shall , ep.-f;the sum of $3 million to the County to fund Vanderbilt Drive corridor improvements and bridge enhancements. No impact fee credits shall be given for payment of this sum. Lodge o gnizes that the r,., n,y 590 dwelling units to assist the Cew4y in ftmding the eenstfuetien of the Vander-bi Drive Bridge enhaneements. No sueh additional eentfibu4iens shall be any r-equest additional eontr-ibtAieas up to the proposed read impaet fees due however-7 until the Ceun�y pfevides evidenee that all pat4ies have spent $5,500,000.00 on the Vanderbilt Drive Bridge enhaneements. Any such sums paid Release,ever the initial $3 million shall 1 impaet fee eredits. Nothing in this Agr-eemet4 and > is intended to nor- shall it r-estr-iet in any way th (50%) of all tfanspei4ation impaet fees upon approval of the SDPs. These funds shall be r-eftmded to Lodge should Ledge be pefmanently pfevented frem eommeneing eonstmetion based upon aefiens by any gevemmefAal entity or- aft), thifd pafty. Getifity shall be entitled to retain these funds withetA any need fef the first tower-, or (2) the exha-ustion of time to file any third pafty ehallenge wi r-espeet to any matter- eeneemed by this Agreement a -ad the at4ael*nents hereto. 5. Paragraph 10 of the Settlement Agreement is deleted in its entirety: Building Five as shown on the fevised Bald Eagle Management Plan attaehed as Exhibit B to the amended PUP shall be iner-eased fifteen (15) stories ta seventeen(! 7) stefies, but shall net exeeed 175 feet in Building Height,—as-�� Stud the amended PUD, andFeet-note 2 therete. 6. Paragraph 11 of the Settlement Agreement is amended in its entirely to read as follows: The maximum number of dwelling units to be constructed by Lodge shall not exceed 5W 600 units. Of these, a maximum of 5 0 600 units may be multi -family and constructed on the R Parcel. However-, two (2) ttnit r111.1 .59single 7. A new Paragraph 26 is added to the Settlement Agreement as follows: [22-CPS-02233/1786778/1] Page 2 of 7 4/21/2023 Revision Words underlined are added; words stfike thfu are deletions Packet Pg. 547 9.A.1.e 26. Lodge, at its sole expense, will design, permit and construct a parking lot substantially similar to the parking lot set forth on Parcel A of Exhibit 5. Lodge _will construct a commercial project on Parcel B of Exhibit 5 ("Lodge Project"). Parcel A and Parcel B will be included in the same site development plan. The County will expedite the review of the site development plan. Lodge and County will coordinate the final design of the parking lot to be constructed on Parcel A on Exhibit 5, including, but not limited, to landscaping, access and types of parking spaces. Lodge, at its sole expense, will construct the parking lot within nine months of receivingall local, state and federal approvals for the Lodge Project. At time of site development plan approval, Lodge Investments shall cause to be conveyed to the County, at no cost to County, (1) Parcel A, comprising 1.61± acres by warranty deed, free and clear of all liens and encumbrances except for a drainage easement for the benefit of the property owners within the PUD recorded in OR Book 6214, Page 59, and (2) an access easement over a portion of Parcel B, free and clear of all liens and encumbrances, to provide vehicular access and sufficient traffic circulation to Parcel A for vehicles and trucks carrying_ boats and trailers. Acceptance of the property and improvements by the County will be pursuant to Resolution No. 2010-39. Unless otherwise agreed in writing by the County, Lodge, its successors or assigns, will be responsible for maintaining the parkin lot of on Parcel A and the access easement. There shall be no impact fee credits given for the conveyance of the property and the improvements. Notwithstanding the foregoing, the construction of the parking lot on Parcel A and the fee simple and easement conveyances to the County will be completed no later than May 1, 2026, unless otherwise agreed in writing by the County. 8. To the extent that there is a conflict between the terms of the Settlement Agreement, as hereby amended, and the terms, entitlements, impositions, and obligations imposed by the 2023 Amended and Restated Cocohatchee Bay PUD, the latter shall control. 9. Except as modified hereby, the Settlement Agreement remains in full force and effect. The parties have executed this instrument as of the day and year first above written. [SIGNATURE PAGES TO FOLLOW] [22-CPS-02233/1786778/1] Page 3 of 7 4/21/2023 Revision Words underlined are added; words s*fike thfu are deletions Packet Pg. 548 9.A.1.e ATTEST: DWIGHT E. BROCK, CLERK Approved as to form legality: Heidi Ashton-Cicko Managing Assistant County Attorney P rAC, 6-20-23 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro, Chairman [22-CPS-02233/1786778/1] Page 4 of 7 4/21/2023 Revision Words underlined are added; words s*fike thfu are deletions Packet Pg. 549 9.A.1.e Witnesses: Witness #1 Printed name of witness #1 Witness #2 Printed name of Witness #2 STATE OF COUNTY OF LODGE ABBOTT ASSOCIATES, LLC M. Printed Name: Title: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2023, as of LODGE ABBOTT ASSOCIATES, LLC, a Michigan limited liability company. Notary Public must check applicable box: ❑ are personally known to me. ❑ produced her current driver license. ❑ produced (Notary Seal) Notary Public Printed Name of Notary: Commission Number: _ My Commission Expires: [22-CPS-02233/1786778/1] Page 5 of 7 4/21/2023 Revision Words underlined are added; words s*fike thfu are deletions as identification. Packet Pg. 550 9.A.1.e Witnesses: Witness #1 Printed name of witness #1 Witness #2 Printed name of Witness #2 STATE OF COUNTY OF LODGE ABBOTT INVESTMENTS ASSOCIATES, LLC i Printed Name: Title: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2023, as of LODGE ABBOTT INVESTMENTS ASSOCIATES, LLC, a Michigan limited liability company. Notary Public must check applicable box: (Notary Seal) ❑ are personally known to me. ❑ produced her current driver license. ❑ produced as identification. Notary Public Printed Name of Notary: Commission Number: _ My Commission Expires: [22-CPS-02233/1786778/1] Page 6 of 7 4/21/2023 Revision Words underlined are added; words s*fike thfu are deletions Packet Pg. 551 9.A.1.e Trident Dunes, LLC hereby acknowledges and consents to the provisions in Paragraph 26 (number 7 of this document) regarding conveying Parcel A to Collier County. TRIDENT DUNES, LLC Printed Name: Title: [22-CPS-02233/1786778/1] Page 7 of 7 4/21/2023 Revision Words underlined are added; words strike m are deletions Packet Pg. 552 ml, 1 u I \ W c o W CO _ a Q w Y. ❑ O I d CO a MaD cm 0 Z � 0 — a e� S3bVdS JNN:]Vd LZ W U) w U Q a U zED z � Y `^ v J Q z IL af Q u, J w a ~ LU cn ❑ a a w C9 Q Q t �d � O m w _ d J LO X w � f0 f0 a a a� Q +J f > S � m U G a K L \ O T ®� w J \ 6 ` c p` 4) �U) \ E �o ❑C \ �d \ wa'-moLL F(Q wmm . 00 Y �a Lo Q \ X �\ \ ♦ � d \ 3 V 3nRi0 11182134NVn ob85Z) polalilul £Z-9Z-b lwBv juawal;;as of juawpuewv lsjll ajaldwoo - a uv :ivawtj3B v In LO Q 6 a 3 y, Q a Jd Hjvdu I� � !D r r INI{"IIMIUO\/A1 9.A.1.f Prepared without title examination by and return to: Charles C. Whittington, Esq. Gunster Yoakley & Stewart, P.A. 5551 Ridgewood Drive, Suite 501 Naples, Florida 34108 239-514-1000 Above This Line For Recording Data] AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS This Amendment is made this day of , 2023 by Lodge/Abbott Associates LLC ("LA") and Lodge/Abbott Investments Associates LLC ("LP'), each a Michigan limited liability company, for the benefit and with the consent of the Board of County Commissioners of Collier County, Florida (the "County") as set forth. BACKGROUND A. LA made and executed a Declaration of Covenants and Restrictions dated December 11, 2016, recorded in Official Records Book 5322, Page 2347 of the Public Records of Collier County, Florida (the "Declaration"); B. The Declaration was required by the terms of a Settlement Agreement and Release between LA and the County, dated June 9, 2008 and recorded in Official Records Book 4368, Page 2345 of the Public Records of Collier County, Florida (the "Settlement Agreement") which was the basis for the Cocohatchee PUD under and by virtue of Ordinance No. 2000-88 (the "PUD"); and C. LA, LI and the County are in the process of amending the Settlement Agreement and the PUD, and concurrent and consistent therewith desire to amend the Declaration to be consistent therewith. Now therefore, in consideration of the premises, it is agreed that the Declaration is amended to modify Section 1 of the Declaration as follows: 1. LI and LA hereby make the following covenant: If the golf course development area or golf course use is ever discontinued or abandoned for any reason on the Burdened Property, then the Burdened Property, exeept so mueh of it that may be tised fef- two (2) reside dwel inn tmit,, except so much of it that may be used for Essential Services, shall remain forever as green open space and be limited in perpetuity to the uses expressly allowed in Paragraph 5.3 of Exhibit 2 to the Current Zoning, as amended. Provided, however, nothing herein shall obligate LA or LI to build, construct or develop a golf course, or any portion thereof, on the Burdened Property. Page 1 of 4 Words underlined are additions; words struek thtw '-' are deletions Packet Pg. 555 9.A.1.f Except as modified the Declaration remains in full force and effect. Executed the day and year first above written. WITNESS #1 Printed Name of Witness WITNESS #2 Printed Name of Witness STATE OF ) COUNTY OF ) Lodge/Abbott Associates, LLC, a Michigan limited liability company By: Title: Print Name: I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on this _ day of , 2023, by , as of Lodge/Abbott Associates, LLC, a Michigan limited liability company, who ❑ is personally known to me or ❑ presented as identification. (Seal) Notary Public Printed Name of Notary Public My Commission Expires: Page 2 of 4 Words underlined are additions; words struek thtw '-' are deletions Packet Pg. 556 9.A.1.f WITNESS #1 Printed Name of Witness WITNESS #2 Printed Name of Witness STATE OF ) COUNTY OF ) Lodge/Abbott Investments Associates, LLC, a Michigan limited liability company By: Title: Print Name: I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on this day of , 2023, by , as of Lodge/Abbott Investments Associates, LLC, a Michigan limited liability company, who ❑ is personally known to me or ❑ presented as identification. (Seal) Notary Public Printed Name of Notary Public My Commission Expires: Page 3 of 4 Words underlined are additions; words struek thtw '-' are deletions Packet Pg. 557 9.A.1.f C ONSFNT Consent is hereby given to this Amendment to Declaration of Covenants. Attest Crystal K. Kinzel, Clerk of the Circuit Court Approved as to form and legality: Heidi Ashton-Cicko 6-20-23 Managing Assistant County Attorney Board of County Commissioners, Collier County Rick LoCastro, Chairman Page 4 of 4 Words underlined are additions; words struek thtw '-' are deletions Packet Pg. 558 COCOHATCHEE BAY PUDA 9.A.1.g (PL-20220001142) NIM DOCUMENTS Packet Pg. 559 9.A.1.g Neighborhood Meeting Summary Cocohatchee Bay PUDA (PL-20220001142) Thursday, July 14, 2022, at 5:30 p.m. Saint John the Evangelist Catholic Church, The Ballroom 625 111th Avenue North, Naples, FL 34108 The NIM was held for the above referenced petitions The petition is described as follows; Cocohatchee Bay PUDA (PL-20220001142) An amendment to the Cocohatchee Bay PUD to add 10 dwelling units, increasing the total from 590 to 600 dwelling units, increasing the building height of one building from 17 stories to 20 stories, adding Essential Service uses within the Golf Course Tract, and shifting an existing access location. The project is located on both sides of Vanderbilt Drive, in the vicinity of the intersection of Vanderbilt Drive and Wiggins Pass Road, in Sections 8, 16, 17 and 20, Township 48S, Range 25E, Collier County, Florida. Note: This is a summary of the NIM. A verbatim transcript and video/audio of the meeting is also provided. Property Owner: Lodge Abbott Assoc., LLC & Lodge Abbott Investments Assoc., LLC Applicant: Lodge Abbott Assoc., LLC & Lodge Abbott Investments Assoc., LLC Attendees on Behalf of the Applicant: Richard D. Yovanovieh, Esq., Coleman, Yovanovich, Koester, P.A. Robert J. Mulhere, FAICP, President/CEO, Hole Montes, Inc, Karen Bishop, PMS Inc. of Naples Norman Trebilcocic, AICP, PTOE, PE, Trebilcocic Consulting Solutions, PA Jay Westendorf, Project Designer, Omega Consulting Group Tim Hall, Sr. Ecologist/Principal, Turrell, Hall & Associates, Inc There were approximately 150 members of public physically in attendance, and 124 members of the public in attendance via Zoom. Robert Mulhere provided a presentation on the proposed PUD Amendment request. The presentation lasted approximately 20 minutes. Following the presentation, the meeting was opened up for comments and questions from members of the public in attendance in person and on Zoom. The following comments and questions were raised (organized by topic): Golf Course/Driving Range/Clubhouse • Will there be any lights on the driving range? There will not be lights on the driving range • Will there be a high net on the driving range? There is not a net planned for the range, Landscaping will be used as a vegetative buffer to deter golf balls from leaving the property. Page 1 of 4 H:\202212022025\WP\PUDAINIM\NIM Summary (8-17-2022).docx Packet Pg. 560771 9.A.1.g • What will the landscape buffer be between the driving range and the adjacent residential villas to the east? The go f course will provide extensive plantings of trees and shrubs along the Tarpon Cove boundary north of the existing preserve along the driving range. These plantings will provide screening to the 6 villas (350+/- feet) that are not currently buffered. • Have you designed where the dumpster locations will be at the clubhouse? We would like that to be considered when you design it. The clubhouse site has not been designed. However, special consideration will be given to locating dumpsters to minimize neighbor impacts. • Consider the barriers needed from the driving range so that neighbors don't see a giant net, but also have safety from the golf balls. There is not a net planned for the range. The adjacent property boundary will be heavily planted with dense, native plant material that is of appropriate size and volume to create a thick border to reduce visual and play impacts of neighboring 6 villas. • How close will the maintenance building on the GC tract be from the closest residence to the north? What types of equipment will be stored there? The approximate distance from the maintenance building to the closest villa to the north is 165 feet of which 100 feet is on the golf course side. The items stored at the facility will consist of customary equipment for the upkeep of the course such as utility vehicles, mowers, backpack blowers, bunker/rake machines, greens rollers and a variety of hand tools. Sand, Dirt, sod and other elements of the golf course construction materials may also be stored. • How wide is the buffer from Glen Eden to the golf course? The PUD has a vegetated area approximately 100' wide that is aligned with the developed area of Glen Eden. The golf facilities are south of the 100 feet which is also under a conservation easement. • How many memberships will there be? The final number of member ships has not been finalized. • What happens if you decide not to go forward with a golf course? The golf course is scheduled to start construction spring of 2023. There are no alternate plans. • When will the engineering drawings be submitted for the golf course? The engineering plans for the revised golf course design should be ready for permit submittal by mid - September. Off -Site Parking Lot (South Side of Wiggins Pass Rd.) • What kind of traffic impacts are anticipated on Wiggins Pass Rd from the addition of 100 parking spaces? The analysis of traffic has not been done. The property is currently zoned C-3 which allows a variety of commercial uses which will be more impactive than a parking lot use. Any and all traffic impacts will be address as a part of the permitting process of the final design. • What kind of barriers will there be? There will be the required buffers as per the Land Development Code. • How much property does the development own and who do you expect to park there? Tile parcel is approximately 3 acres. The parking is specifically for the Cocohatchee River Marina/Park. Hours of operation will most likely coincide with the park hours. Page 2 of 4 HA2022\2022025\WP\PUDA\NIM\NIM Summary (8-17-2022).docx Packet Pg. 561 9.A.1.g • How did the donation of the parking lot come to be? The county has expressed and interest in this parcel for many years to help provide adequate facilities so that there is sufficient parking accommodations for the public utilizing the marina. • Don't see the need for the parking lot. Acknowledged. Fire/EMS Station • Residents to the south of the proposed Fire/EMS Stations site have requested an emergency access that connects the two properties, The developer has agreed in concept to providing a stabilized area to be designated as an emergency exit from Tarpon Cove that would connect to the Fire Station parcel. The Fire Station plans have only been conceptually designed. Once final plans are completed, the exact location of the emergency exit will be defined. • There are concerns over the noise from the fire station with alarms as it is shown in close proximity to the residences in the development to the south, Many Fire Stations are located within residential neighborhoods. Due to the proximity to residences, updated Fire Station standard protocols refrain from engaging the sirens until they are enroute and off of the property. • What type of egress to the west and south will the fire station have? The Fire Station access will be from CS41. The golf course will also share that access from US41 for serving the golf facilities, with a gate restricting public access past the fire station property. The westerly drive for the golf course will terminate at the driving range approximately 2200 feet from US41. • Who is building the firehouse and why do they need another one? The Fire District will build their own facility. The fire district's mission is to provide a level of service that requires they address response times and coverage to fulfill the community demands. The specific information for this and all of their sites can be discussed with the Fire District staff. Tower 5 Building Height • Arbor Trace residents are concerned with the increase in height that will further block the residents' views. The already approved 17 story height does not contain an "Actual Height" limitation. The approved 17 story building exceeds the height of Arbor Trace. This, coupled with the orientation of Arbor Trace tower and the proposed tower, does not create additional view blockage for Arbor Trace residents. Environmental • What provisions have you made for wildlife? Cocohatchee PUD is approximately 532 acres of which 430+/ acres or about 80% has been set aside for preserves, lakes, golf course and landscape buffers. Wildlife will continue to utilize the property post golf course construction. Traffic • Have you done in season studies on Vanderbilt Drive, and do you have any plans in place for stop signs or traffic lights? Kalea Bay is required to do traffic studies for every phase of development. There will be stop signs at our club and maintenance connections as Page 3 of 4 H:\2022',2022025\WP\PUDA\NIM\NIM Summary (8- 1 7-2022),doex Packet Pg. 5 2 9.A.1.g well as the fire station access. There is no traffic light planned nor would any of our access points warrant one. • There are concerns over the golf course access location near the stop light. The golf course access is located approximately 2000 feet from the stop light at WigginsIvanderbilt. • How will the traffic be impacted on Wiggins Pass Road with the additional entrances to the off -site parking lot and the golf course entrance? The access on Wiggins for the parking lot has been located as far east as possible to lessen the impact as much as possible. The golf course will install a left in turn lane which will lessen any perceived impacts to the traffic on Wiggins Pass Road. The golf course will suspend play during rainy season. Settlement Agreement Meeting attendees brought up the perception of conflicts with the settlement agreement that limited the density, and comments related to density made at the BCC adoption hearing. However, applicant representatives noted that the settlement agreement provided for an amendment process in the event the parties want to amend it and that the park and fire station properties are reasons to amend the settlement agreement. The meeting concluded at approximately 7:45 PM. Page 4 of 4 1-1:\2022\2022025\WP\PUDA\NIM\NIM Summary (8-17-2022).docx Packet Pg. 5 3 9.A.1.g Cocohatchee Bay PUD Amendment NFICE90RH000 1NFORN1ATIO1l MEETING COCOHATCHEF, BAY PUDA Pi, 2022..01C1142 1 2 3 4 S 6 DATE: TAKrN: Thursday, July 1.4, 2022 7 TIME: 5:30 p.m. - 7:48 p.m. e PLACE: Saint John the Evangelist 9 10 Catholic church 17. e25 111th Avenue North 12 13 Naples, Florida 34108 14 15 Stenographically Reported By: 16 17 Terri L. Lewis, RPR, FPR-C 18 FORT MYERS COURT REPORTING, LLC 19 7.180 West First Street, Suite 120 20 21 Fart Myers, Florida 33901 22 Phone: (239) 334-1411 FAX: (239) 334-1476 23 24 Serving All of Southwest Florida 25 3 1 we wrote this into the code. They must -- you 1 2 can't have a neighborhood information meeting until 2 3 you've had a_ least one round of review by the 3 4 staff. 4 5 And, by the way, Ray Bellows from Collier 5 6 County is here. He's monitoring this meeting. 6 7 He's in the back. 7 8 So you can't have your neighborhood 8 9 information a.e eting too early. The staff wants to 9 10 get at least Ore substantial review of the project 10 11 in case there's something subjective that comes up. 11 12 You wouldn't want to have had your meeting, because 12 13 they would make you hold a second meeting. And 113 14 then also, you can't -- you have to do it prior to 14 15 the public hearings, prior to the Planning 15 16 Commission meeting. 16 ,7 We haven't been scheduled for the Planning 17 18 Commission or the Board, and I'd say we are at 18 1S least a few months out from being scheduled. We 19 20 still have some additional staff review. We're in 20 27, review now, We offer an alternative to meeting in 21 22 person as a courtesy, Zoom, and we have somewhere 22 23 in the neighborhood of 160 or 170 people on Zoom. 23 29 That's a lot.'. 24 25 On occasion we have had technological 25 FT1Ck 07/14/2022 2 P R 0 C E E 0 I N G S MR. MULHERE: Okay. Welcome, everyone. Thank you for coming. My name is -- can you hear me okay? THE AiIDIENCE: Yes. MR. MULHERE: Good. My name's Bob Mulhere. I'm president and CEO of a local civil engineer'_ng planning/survey firm called Hole Montes. Hole Montes has been in Collier. County since, 1966. I haven't been there all that time, but we're still operating. This is the project team. The project owner, the applicant, is Lodge Abbott Associates, LLC, and Lodge Abbott Investments Association, LLC. The land -use attorneys Rich Yovanovich sitting to my right_ I already-ntroduced myself. Karen Bishop is also on the team, sitting over there. Norm Trebilcock did our traffic consulting, and sitting next to Morn is Tim Hall, who's the ecologist, and Jay Westendorf is our project designer. I just want to talk a little bit about the neighborhood information meeting process and particularly tonight as well. So these neighborhood information meetings are required. Twenty-two years ago when I worked for the county 4 problems. So far Tonight we've been here since 1:00 making sure that everything works properly. I haven't, but my staff has. But sometimes weather or sometimes the venue creates some sort of an issue. We've worked really hard to be sure that won't happen tonight; however, we also have a court reporter here, Terri, and she will take a verbatim -- she will make a verbatim transcript of the meeting. So when you speak -- I have to remind myself of this, too -- to try to speak clearly and slowly, and we would ask that you identify yourself and what your address is. It's not required, but it's helpful. We'll probably -- if we go more than two hours, and that's certainly very possible, then I'll try to remember, and someone can remind me, that Terri's zingers will need a little break, so we might take five or 10 minutes at that point. So I have about 21 elides. It won't take me long. After that, we're going to open up the meeting to questions and comments. Anyone on the team who's the most appropriate will respond. When we do that, we have to speak in the microphones. There are two of them up here. Certainly, when we Fort Myers Court Reporting scheduling �i)finreporting.com 239-334-1411 Packet Pg. 564 9.A.1.g Cocohatchee Bay PUD Amendment 5 1 get to that: point, you can line up or two or three 1 2 of you can he ready to go. But you must speak in 2. 3 the microphone. I will not -- we're not 3 4 recardirg -- we're not accepting any comments from 4 5 the audience, so... 5 6 The Planning Commission members and Board 6 7 members do review these video and audio, or in this 7 9 case they may review the verbatim transcript, so 8 9 it's important that you get on the record. 9 10 I just wanted to mention, if there was -- if 10 11 for any reason after this meeting you would like a 11 12 copy of the audio, visual, we will -- we have -- we 12 13 create a private YouTube link, and we can send that 13 14 to you so you can revisit or send it to anybody 14 15 that you want or if somebody on Zoom has to drop 15 16 off but they want to sce the rest of the meeting, 16 17 we can make that available. 17 i8 There is on your screen an email, but it's 18 i9 pretty easy to remember. It says l9 20 neighbarheodmeeting(ahmeng.com, Hole Mantes 20 21 Engineering dot com- 21 22 If you send a request or if you think of any 22 23 questions that you have that you didn't think of 23 24 here, you're more than welcome to send us an email. 24 25 You might want to mention the project, Cocohatchee 25 7 1 This is an aerial. I know you know where it 1 2 is, but just in case someone out there weeds to be 2 3 oriented. It shows the subject site outlined in 3 4 blue and shows the main roadways: Wiggins Pass 4 5 Road, Vanderbilt, 41, 1I1th, Tmmokalee Road, 5 6 The request -- there was a lot -- I saw quite 6 7 a bit of misinformation on some of the social 7 0 network sites. The request is to add _C dwelling 8 9 units, so from 590 to 600. This density is well 9 1C under the density that's permitted by the 10 11 Comprehensive Plan. I'll get into that in just a 11 12 minute. And to increase the building height for 12 13 Building 5 from 17 to 20 stories. The PUD has an 13 14 allowable height for the other four buildings of 14 15 200 feet. Years ago the county adopted -- after 15 16 this was approved, the county adopted a couple of 16 17 different ways to measure height. I'll get into 17 18 that in just a minute, but this new building would le 19 be subject to those new standards. The old 1.9 20 buildings arc not. 20 21 There was a settlement agreement, and we are 21 22 also amending that settlement agreement to allow 22 23 for a donation by the developer to the county of a 23 24 three -acre C-3 zoned parcels. The developer would �24 25 construct 100 parking -- design, permit, and 25 FNkC, 07114/2022 6� Bay PUD, but we'll be happy to provide that link. so this is the project history. It's a brief summary of the project history. The PUD was approved ❑scember 12th, 2000, by Ordinance 2000-68, That approved PUD allowed 590 residential units in five residential towers and multifamily homes; it allowed recreational ancillary uses and a golf course. The PUD was approved with a clustered development theme promoting open space and significant preserves, lakes, and buffers. More than 80 percent of the PUD is in preserve or open space. Construction started in 20_4, late 2014, with the main project infrastructure under construction by mid 2015, The project has three towers completed -- you probably already knew this -- and a fourth is tinder construction_ There is a recreational facility includes pools, guest suites, Spa, kayak launch, observation deck, and same of the other types of recreational facilities. Design plans are right now being Einalized for the golf course. I have a s:.ide. I'll show you the conceptual designn for the golf course. That's expected to be under construction in 2023, 8 construct 100 parking spaces on that C-3 parcel. I'1_' show you that in just a second. MR. YCVANOVICH: Bob, you forgot to do essential service. MR. MULHERE: Oh, yeah, thank you. I don't know hocv I missed that one. We're also adding an essential service use within the golf course tract towards 41, very close to 4L, and that is going to accommodate a North Naples Fire District station and probably -- we don't knew, but probably would he designed to accommodate EMS as well. They typically do design �,t for at least one EMS station. Thank you, Rich. So also, maybe 20 years ago or so, I don't really remember when, but at some point the county redefined how a project can calculate their density, and they eliminated from that calculation navigable waters, so waters that are, you know, in the Gulf of Mexico. So this project includes 404.E4 acres. It's bigger than that, but some of that is submerged lands. 'That's 404.64 acres above the mean high-water mark. So with the 600 units, 590 approved, 10 we're asking for, that's 1.48 units per acre. The Fort Myers Court Reporting scheduling@finreporting.ccm 239-334-1411 Packet Pg. 565 9.A.1.g Cccohatchee Bay PUD Amendment 1 county's Growth Management Plan allows up to three 1 2 units per acre, or 1,215 units. So as I said, the 2 3 maximum Goo is actually less than half of what the 3 4 plan allows in this location. 4 5 This is an aerial that shows Building S. It's 5 5 circled in red on the northwest side of this 6 7 aerial. It shows -- in Lhe aerial you can see the 7 B buildings that are completed and Building 4 tinder 8 9 construction, and you can also see on the northeast 9 1.0 side the location for the essential service, also 10 ll circled in red, and then down towards the bottom on 11 '2 Wiggins Pass Poad there is a yellow dashed line 12 13 that highlights that three -acre commercial parcel 13 14 that the developer will dona`_e to Collier County 14 15 with 100 parking spaces for the park across the 15 16 street. 16 17 This is a little bit closer exhibit showing 17 18 the orientation. You car, see Arbor Trace labeled 18 19 in red, right there, and the orientation of the 19 2a building is this way, and the Arbor Trace is 20 21 obviously oriented that way. 21 22 This is just another closeup with the building 22 23 superimposed, the outline of the building 23 24 superimposed as well as the Arbor Trace building 24 25 just a little bit closer, but, again, showing the 25 11 1 actual height is required to show folks what the 1 2 actual height is from the average elevation of the 2 3 adjacent roadway, which in this case is 10 feet, to 3 4 the zippy Cop of the highest element on the 4 5 building. So the actual height is 242 feet, 11 and 5 6 three-quarters inches, subject to a little final 6 7 design. It's not going to be signiEicantly 7 8 different, but I just say, you know, there could he 8 9 a few inches difference. But presently that is the 9 10 actual height based on current design. It's 200 lc 11 feet for zoned; 248 -- 249 feet if we round off for 11 12 actual. I did provide those definitions there as 12 13 well. 19 14 i'll talk a little bit about the essential 14 15 service site. This is a little -- this is the is 16 master plan, the existing proposed PUD master plan. 16 17 It hasn't really changed much except to add an 17 18 access for the proposed essential services •,;hich 18 19 also provides access for the golf course. And you 19 20 can see that that's circled in red. And that's -- 20 21 I'm not sure what the size of the parcel is, but 21 22 i.t's very close to U.S. 41 so that the Fire 22 23 Department will have direct access to U.S. 4I- 23 24 This is a slide showing a conceptual site plan 24 25 for the proposed fire station. It was done by 25 "TA- 07/14/2022 10 orientation of the proposed Building S. I talked about height, and the county some years ago adopted a couple of def_nitions for height that didn't_ exist before. They aren't in this exis Ling PUD. There are two terms, two defined terms that they use. one is called "zoned height," and the other is called 'actual height." And today for a PUD you need to provide both of those numbers. And zoned height is the distance from. the -- typically in Collier County it's from a FEMA- or DEP-required flood elevation, which is very similar to the first finished floor, because you're required to elevate, as I'm sure you know, to meet FEMA, and sometimes coast to the clone, DEP is even more restrictive. So whatever that number is where your first finished floor has to be elevated, you measure -- zoned height is measured from that to the top of a flat roof or the midpoint of a hipped roof. And so the zoned height in the PUD is 20C feet for Building 5. It's zoo feet with no restriction for the other four buildings in terms of actual height. So circled in red on the left there is the zoned height. That's the proposed uppermcst finished floor ceiling of the 20th floor. The 12 another civil engineering firm.. I'm sure they did it on behalf of the fire station, or I assume they d`_d, or the fire district. Essentially services allow any number of uses. It's a broad term, and it allows for utility, safety services, governmental services necessary to protect or promote public health, safety, and welfare such as police, fire, emergency, medical, and so forth. Put this is specifically targeted for North Naples Fire District station and, as I said, potentially for Collier County EMS. There's a couple of renderings also on the left side showing you that. It's not very big; 10,000 square feet is the size of the structure. This is a rendering -- excuse me -- a conceptual design of the golf course. I'm sure this in subject to some slight revisions, but they are getting close to, you know, permitting and permits being approved and commencing construction because we're noL that far away from 2a23. And I'll point out that, you know, there are preserves -- sorry, there are preserves here, here, here, there's a significant setback here, and so almost the entire golf course is separated by roadways or cy preserves from adjacent development. Fort Myers Court Reporting scheduling@fmreporting.com 239-334-1411 Packet Pg. 566 9.A.1.g Cocohatchee Bay PUD Amendment 07/14/2022 13 14 :-. This slide shows the pr eject access. I 1 of the same parking area, but it also shows there 2 pointed out she access to 41 for. the fire station, 2 is a 4S-foot drainage easement which allows -- is 3 And then there are several others -- there's a 3 designed to allow water to flow from north, under 4 project access for the golf course here, here, and 4 Wiggins Pass, and down. And I don't know what size 5 here, and then the main project access righ- up 5 at that pipe is -- it's big, and so that's to allow 6 here. 6 water to flow from the north and down. So this 7 I mentioned this already, but I'll repeat it 7 exhibit shows the location of that in a 45-foot B again, For the amendment to the settlement, which 6 drainage easement- 9 will he a companion item for consideration by the 9 So Lhat concludes my presentation unless, 10 Hoard of county commissioners, is for the developer 10 Rich, I missed anything else. 11 to provide a donation to Collier County of a 11 MR. YOVAYOVICH: No. 1.2 three -acre C-3 zoned parcel -- it's right on the 12 MR, MULHERE: So, you know, we do appreciate 13 corner of Vanderbilt and Wiggins Pass -- with 100 13 you being here. We want to -isten to your comments 14 parking spaces designed, permitted, and 14 and questions. If we have the answers, we're going 1S constructed. And the settlement expressly allows 15 to give them to you. If we don't, again, you can 16 for it to be amended. It anticipated there might 16 email me at that email address that I gave -- and 17 be the possibility of an amendment, so it expressly 17 I'll put that back on the screen again later. _ 10 allows that. 18 will find the answer, assuming we're able to get an 19 This is that parce_ on the corner. And you 19 answer to your question, and get it to you. So we 20 can see the nark on the west side, Cocohatchee 20 may not have '-t tonight, but we'll get it. 21 River Park Marina. And this is an aerial with a 21 With that, we have two microphones up here. 22 conceptual design of those parking spaces, and in 22 We're going to take the folks that are in the room 23 red it shows a pedestrian way to cross over to the 23 first, and then we'll go to Zoom. So, again, just 24 park. This is a -- this is a two-dimensional 24 remember we have a court reporter here to 25 design of the same -- without an aerial underlaid 25 transcribe this meeting, so introduce yourself, and 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it's helpful if you say where you live, your 1 address, and we'll try to answer your questions. 2 Anybody who wants to speak, please come up. 3 MR. DeSIATO: Hello. My name is Perry 4 DeSiato. I'm a resident of Tarpon Cove, your 5 imediate neighbor. I'm also president of that 6 community. I have some questions, comment, and 7 then a request. 8 MRR. MULHERE: Okay. 9 MR. DeSIATO: First off with some questions. 10 On the golf course, it borders -- our property 11 borders you on the entire western side as well as 12 our northern end of our community. We butt against 13 you. On the western side, you're having the range 14 put in, the driving range, and tnat's right up 15 against -- 16 MR. MULHERE: On the east. 17 MR. DeSIATO: -- our villas there. You know, 18 on your east side, cur west side, correct. 19 MR. MULIERE: Yeah, sorry. 20 MR. DeSIATO: All right. So I have a few 21 questions about that. First off, will there be any 22 lights on the driving range? 23 MS, BISHOP: I'm not aware of any but, 24 honestly, I don't know for sure. I can find out 25 for you. MR, DeSTATO: ihat would he a big deal. MS. BISHOP; I don't think so, though. MR. DeSIATO: Okay, Well, I can strongly tell you if there's going to be lights, there's going to be a problem. MR. MULHERE: Well, we'll get an answer. We understand your position, so we'll convey that as well. MR. DeSDJO: Secondly, will there be a high net up there with the driving range? MR. MULEERB: I'm sure there will be a net. I don't ]mow what height. MR. DeSIATO: We'd like to know that as well. MR. MULHERE: Okay. M.S. BISHOP: Okay. I haven't seen any design for that, so I'll let you know. M�. DeSIATO: And, obviously, they affect our community. MR. M012FRE: Yeah. Just for liability, there's goinc to be a net, but I've got the question, you'd like to know how h=gh it is, yeah. MR. DeSIATO: Sure. Next question will be, where your clubhouse is going to be, have you designed where the trash dumpsters are going to be? F� Fort Myers Court Reporting scheduling@fmreportmg.eom 239-334-1411 Packet Pg. 567 9.A.1.g Cocohatchee Bay PUD Amendment 2 3 4 5 6 7 8 i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1C 12 13 14 15 16 17 IS 19 2C 21 22 23 24 25 17 It's right up against $600,000 villas, and my 1 question is, is that going to be our neighbor, 2 trash dumps? 3 MS. 91SHOP: We haven't finished the design 4 yet, but there's a preserve between where that pod 5 is and your villas. 6 MR. DeSIATO: I understand that. But I'd like 7 that to be considered when you do your design work 8 and think about that. We're your neighbors. 9 MS. BISHOP: Yes, sir. 10 MR. DeSIATO: You '.know, we'd like to be good li neighbors, and we're hop' -rig that you're going to he 1.2 a good neighbor as well and think about these 13 things prior --o putting anything in. 14 MS. BISHOP: Yes, sir. 15 MR. DesiA-o: I'd like to know, on the 16 narrowest part where the driving range is, how wide 17 is the border between the driving range and our 18 property? 19 MR, MULHERE: Do you know the answer to that, 20 Say? It's this -- 21 MS. BISHOP: I do, It's 75 feet. 22 MR. MIF=ERF,: It's right here. Right there. 23 MS. BISHOP: There's 50 feet and then a 24 25-foot stabilized area, and then the driving 25 19 there, because that's where the villas are on our 1 property. That's important to us. 2 MR. MULTERE: Yeah. So you'd like to know 3 what the landscape buffer's going to be, yes. 4 MR. DeSIATO: Yes. Okay. I have a few 5 comments, then. That's my questions. 6 MR. 14ULHERE: Sure. Thank you. 7 MR. DeSIATO: Eight years ago -- I know you 8 were approved. Kalea Bay was approved in the year 9 2000. Eight years ago Abbott Lodge came back 10 wanting to change that approval to build properties 11 on the golf course. It upset, obviously, all the 12 neighbors. 'There were about 700 of us that came 13 out to the hearings, and then that was canned. 14 But it's a concern, because it was up before 15 for approval, and now you're here again tonight to 16 make changes again to what was approved. I 17 understand it's just mainly to add three floors to 18 your building. Those three floors, obviously, are 19 premium floors, because it's only 10 units but, 2C just look, they've got to he selling for over 4- to 21 $6 million each when you're talking up there based 22 on what you've already sold. I understand that. 23 So that's a great deal of money going to the 24 developer for this case. It's another 60 to 25 FT1CA- 07/14/2022 18 range. MR. MULHERE: Okay. MR. DeSIATO: Oaky. That's our wood line, which will remain? MS. BISHOP: Well, the 50 feet is going to be landscaped, so... MR, DeSIATO: Landscape means bushes. MS. BISHOP: Trees. MR, DeSIATO: I'm concerned about trees. ME. BISHOP: Right. MR. MULHERE: Oh, no, there's trees, too. MR. DeSIATO: Okay. MR. MULHERE: By the way, let me just -- if I may, I just want to point out something to you, because it relates to your question, You're talking really -- this is the only area -- up here is preserve on your -- within your property. MR. DeSIATO: Right, that's our woods. MR. MULHERE: Pnd right here is preserve, but you do have this area here, and I think that's what you're talking about. MR. DeSIATO: Yes. MR. MUTHERE: Yes, okay. MR. DeSIATO: So we'd like "_c know what's -- you '.know, how much of a shield that's going to be 201 $60 million. Gcod for you. But what are we getting out of this? I'm very concerned about the parking lot at the corner, 100 spots. What does 100 spots do for all -- that's going to be a lot of vehicles, which means Wiggins Pass Road is going to pick up a lot more traffic. Well, 100 spots, you're planning for that. Anything happening to the road to handle this traffic? Has any study been done on that? MR. MULHERE: There will be a study done on it when it's permitted. It's going to he parking -- it's going to be a park -- it's going to he parking for Collier County residents to access that park. MR. DeSIATO: I understand. MR. MULL -ARE: Public park_ MR. DeSIAIb: We're talking 161. So obviously you expect a big crowd. What does that mean for Wiggins Pass Road? How is that going to be handled? MR. MULHERE: I wanted to check with Norm and see if he did any analysis on that. MS. BISHOP: We have not done an analysis on that yet. MR. DeSIATO: Well, again -- so so far every question I've answered [sic] no one's checked on Fort Myers Court Reporting scheduling c@r fmreporting.com 239-334-1411 Packet Pg. 568 9.A.1.g Cocohatchee Bay PUD Amendment 21 1 it. It's a concern. 1 2 MR. KHMRE: Okay. Thank you. 2 3 Okay. Sc Rich reminded me, just keep in mind 3 4 that property is zoned C-3. 4 5 MR, DeSIATO: I know it is. It's commercial 5 6 zoning. 6 7 MR. MULHERE: And you know what that allows, 7 8 right-? 8 9 MR, DeSIATO: Right, I understand that. But, 9 10 nevertheless; this is reality rime. We're talking 10 11 100-car spot. You know, we live here. So how's 11 12 that going to work out for us? 1.2. 13 So we're your direct neighbor. We want to be 13 14 good neighbors, and we're hoping that you're going 14 15 to be the same to us in handling some of these 15 16 questions and concerns. You guys leave after 16 17 tonight; I go home right against your course, so 17 18 that means something to us. So I have a request. 18 19 MR, MULHERE: Okay. 19 20 MR, IDaSIATO: Two years ago -- well, let's go 20 21 three years ago first when Hurricane Irma came in. 21 22 We lost over 200 trees in our community, and what 22 23 it did was it blocked our main entrance. We have 23 24 one way in and out of Tarpon Cove. It blocked our 24 25 entrance. We had a gentleman that had a heart 25 23 1 emergency lane connecting the end of our community 1 2 to that access road controlled by the fire company. 2 3 They can put a gate on it with a lock. You know, 3 4 we're not using it for anything but emergencies. 4 5 All it is is a dirt road to you guys, but it could 5 6 save lives in our community, and it's, T think, a 6 7 rather minor request. 7 8 I understand it's going to go through some 8 9 preserve area. I'm requesting that the developer 9 10 will work with us to go to the county to allow us 10 11 to put that in on your dime, okay, and install that 11 12 emergency access for us when you're developing and 12 13 putting in your access. Could we get that kind of 13 14 commmitment from you guys? 14 15 MR. MUL,HERE: I can't make that commitment. 15 16 I'm sure happy to take it back the people I work 1.6 17 for and discuss it with them. I can't make that 17 18 commitment. 18 19 MS. BISHOP: And, sir, it's not as simple as 19 20 just going to the county to undo those preserves. 20 21 It's state and federal preserves. 21 22 MR, DeSIATO: I understand that. 22 23 MS. BISHOP: So the amount of permitting time 23 24 it could take and mitigation - �24 25 THE COURT REPORTER: I need one at a time, 25 F-Nkck 07/14/2022 22 attack inside our community, and they had to carry him out on a stretcher because they couldn't get vehicles in. We only have this one way in and out. Two years ago we had a tremendous fire across the street. Here's a picture of the fire, So when I say "a big fire," I mean a big fire. Now, we were terrified that if the wind changed, that fire would have jumped Wiggins Pass Road, it would have burned down our entrance. We would have no way out of our community. It was vez.y scary. But I know in those nays the county didn't --- they didn't care about second exits. Well, we do. When you're putting in your entrance, your access road for the firehouse as well as your golf maintenance course road, you are within 50, 60 feet of the access road to our property. Am I correct, Karen? MS, BISHOP: It's going to he more than 50 or 60 feet. MR. DeSIATO: Seventy feet? Who cares? MS. BISHOP: I would say it's probably closer to about ISO. MR, DeSIATO: Okay. A hundred and fifty, I'll take it. I don't care. I'm requesting that you put in a fire 24 sir. MR. DeSIATO: I don't care about the permitting time. I don't care about who we have to go to. It's not my problem. You want something. I want something. I've got a rather minor item here for your $60 million that you're going to get out of it. I want a $2,000 dirt road to connect us to save lives. So I'm asking that you take it seriously. I could care less that it's preserves. I could care less if South Water -- water department -- I forget what their official name is __ has to approve it. I don't care if the county has to approve it. I want you to get involved with us to have it done. I think it's that important. MR. MULHER7: I understar_d what you're saying, and we'll take it back and have a discussion. MR. DeSIATO: Okay. So so far everything has to go back. I'm hoping that you respond to these things in a timely manner and we can get some of these things done. Again, we want to be a good neighbor, but I expect it to be turned around the same way. MR. VUU4RRE: I failed to mention one thing. We don't make any commitments at a neighborhood Fort Myers Court Reporting scheduling@fnireporting.com 239-334-1411 Packet Pg. 569 9.A.1.g Cocohatchee Bay PUD Amendment i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 25 information meeting. 1 MR, DeSIATO: I understand. 2 MR, MULHERE: We listen to what you say. 3 We'll go back. We'll discuss it. We will respond 4 to you. 5 MR. DeSIATO: Okay. 6 MR. MULHERE: But we don't make comydtments 7 here at this meeting. 8 MR. DeSIATO: Fair enough, but I think it's a 9 pretty reasonable request here that we -- 10 MR. MUIHERE: I'm not going to measure whether 11 it's reasonable or unreasonable, but I promise you 12 we'll look at it, we'll take it serious, and we'll 13 get back to you. 1.4 M.R. DeSTATO: Okay, good. I promise you that 15 we'll take it seriously. 16 MR, MUIMRR: Thank you. 17 MR. DeSIATO: Thank you. 18 MR, MULHERE: Got it. 19 (Applause.) 20 MR. MULHERE: Hi, 21 MS. PALAY: My name is Judi Palay. I used to 22 live in Glen Eden and now I'm across the street at 23 Arhor Trace. 24 MR. MULHERE: Okay. 25 27 sunsets now blocked by your wall of buildings and, 1 during season, the traffic flow has greatly 2 increased so that at times we cannot even get out 3 of our driveways. 4 You tried to claim as precedent buildings in 5 Pelican Bay that did not exist. In spite of 6 community concerns, the environment was secondary 7 to money. A letter sent to the Naples Daily News S that appeared in the Fetruary Sth paper expressed 9 just this. Kalea has increased traffic on 10 Vanderbilt Drive during season, we do not need 11 more, 12 In Section 3 of the residential "R" 13 development areas, guest suites and cabanas are to 14 be counted in your residential allowances; that's 15 3.2, The maximum number of dwelling units 16 permitted within the PUD is 590 as of this time, 17 and you are there already. A letter to Mr. Leo 18 Ochs, Manager, Collier. County, sent by Lonna Carone 19 (phonetic) reminds you that staff was not following 20 the settlement and all of its component parts 21 including the increase in the size of Building 1 22 from 106 to 166 feet, and the plan to increase 23 Buildings 2 to 5 wh'_ch make this the equivalent of 24 another whole building. 25 F-WR- 07/1412022 26 MS. PALAY: This meeting has two totally different issues that should not he lumped together for discussion, and this should be taking place when more residents are here and able to have input. There is a legal and binding agreement to which ,you agreed. It laid out very carefully what Kalea Bay could do. It was violated beginning with Building 1 where the footprint was made larger. That, in turn, created the distances between buildings to no'- be what they are supposed to be. It also meant that buildings had to be moved to accommodate those changes. I bring to your attention the settlement agreement, Item 10, where you had already agreed to the number of stories to be increased from 15 to 17. That's 17 stories in the air, .And I have No. 10 if you would like me to read it to you. At the hearing before the commissioners on January 11th, 2008, the discussion of these buildings included setbacks and spacing between them. It was discussed. In that hearing, you assured the group that it would never look like a wall of buildings. It does and destroys the views for those of us who bought here to the beautiful 26 A housing unit or more in the garage means that that also needs to be counted in your residential number. Should you be permitted to increase the size, that would become the new precedent for North Collier. No thank you. We keep hearing we don't want to be another Miami. We don't. And then there is the golf course. The, quote, nonmoney maker that is a killer for our environment. You know that it requires lots of water and fertilizer. You also are aware that once rainy season begins, no nitrogen fertilizer can be used. You couldn't fit more than 16 holes on the property, you told the commissioners at the hearing. Two holes would have to he on the other side of the road. Unless you infringe on the preserves, where is this space for those extra holes? And if the golf course fai'_s, the land on the east side of Vanderbilt Drive is still limited as to its use, but in the process, you will have destroyed plant and animal habitat. It's certainly been a detriment to a most sensitive environment. we urge you to consider keeping that as a refuge for the wildlife whose lands have been Fort Myers Court Reporting schedulingCcfmceporting.eom 239-334-1411 Packet Pg. 570 9.A.1.g Cocehatchee Bay PUD Amendment 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 29 usurped for these huge developments. That would make you heroes in this area. I urge you not to go forward with this. Please live up to the agreement you signed. Help this environment. You've made a handsome profit. Some of you will leave the area upon completion of this project. Look at what you're leaving for posterity. Thank you. (Applause.) MR. MULHERE: Thank you. MS. ➢AVLSSON: Good evening. My name is Beverly Davisson, and I'm currently on the Arbor Trace Tower board as vice president. When the original PUD for Kalea Bay was made, Building 5 was 15 floors, and then it became amended to 17 floors. We thought it was probably because you were becoming nice neighbors and you didn't want your building looking down on us. Does this include the garage floors? .And if not, we're not talking about 20 floors; we're talking about 21 or 22 floors. In the rower, all of our 01 units will be viewing this concrete structure from their south -facing windows and their south -facing lanais 31 MS. BISHOP: Yes, sir, DR. FORRESTER: Okay. All right. I'm Dr, Rick Forrester from -he Tarpon Cove Community Association. I'm vice president of our community association. Perry DeSiato was here first, who is our president. And I'm also the president of our neighborhood association which -- MR. MULFIERE: Speak a little -- if you could, just a little closer. DR, FORRESTER: I need to be closer? MR. 14MEERE: Yeah, they're _Having a little trouble. DR. FCRRESTER: Okay. All right. I'm president of the Cayman Neighborhood Association within Tarpon Cove. And you've got the golf course up. PIZ. 14MEERE: I can. I can put it up. DR. FORRESTER: Yeah. Would you put it us for me, please. MR. MULHERE: Sure, OR. FORRESTER; All right. You can see the Mainsail, which is the closest villas to the golf course are right up against it. Ycu said there was about a 75-foot barrier, I believe. Now, I realize all the other -- the other "kak- 07114; 2022 30 1 And you can see it 'f you put that other one up, 2 Our residents in the mid -rises and the villas 3 will face -- that face the south will definitely 4 lose even more view due to this concrete structure. 5 Instead of bright, sunny skies, they will be now 6 looking at a tall concrete structure. When these 7 residents purchased their Lower condos, it was with B the understanding that Building 5 would not be more 9 than 17 floors. If this PUD is approved, these 10 condos may well be more difficult to sell and at a 11 lower price. 12 We at Arbor Trace are strongly against 13 increasing the number of floors for Kalea's 14 Building No. 5 from the agreed -upon 17 floors. We 15 have been good neighbors, We've put up with all 16 the dust on our lanais and our windows and the 17 construction equipment and vehicles very early in 18 the morning that are scheduled to continue into 19 2025. What happened to the agreement you made? A 20 deal is a deal. 21 (Applause.) 22 DR. FORRRSTER: Good evening. You're the one 23 that handles the golf course, I take it, because 24 all the questions you tried to answer on the golf 25 course. 32 1 neighborhoods have talked about the high-rises and 2 the buildings, and I understand their concerns. 3 And, of course, to me, as the president of our 4 particular neighborhood association in Cayman, 5 which is right there up against the golf course, 6 that's our concern. 7 And I understand the golf course has been B approved, it's been zoned, and all of that, but we 9 desperately want you to consider the barriers that 10 we need between the driving range that you see and 11 also our neighborhood and streets, because I'm a 12 golfer. I'm a member of imperil 3alf Club. I 13 understand the noise and what goes cn on a driving 14 range. And I know you're going to need a net 15 because you don't want those balls coming over. If 16 you play like I do, there will be plenty cf them 17 over there. And so you need a net in order to do 18 that. But we need some kind of barrier so that our 19 neighbors aren't going to their lanais and they're 20 looking at and they're seeing a net. They need to 21 see what we've seen for 22 years, and that is woods 22 or some kind of trees or barriers, which I know you 23 can do, to put up there and block off that fence 24 that you might -- or net that you might need to put 25 up there for that. Fort Myers Court Reporting scheduling cr fmreporting.conn 239-334-1411 Packet Pg. 571 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 3 4 5 6 7 B 9 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 �7 i0 19 20 21 22 23 24 25 33 And that's really one of the big concerns that 1 we have as far as Tarpon Cove and Cayman is 2 concerned right there, as president of Cayman 3 association. 4 So our president has already addressed all the 5 other issues. I know you haven't given any answers G to this point. You've taken our questions and 7 you've said we're looking into that and so forth, 8 but please get back to us quickly as to what your. 9 plans are for this so we know what we're having to 10 deal with in this particular association. We ask 11 you that, really, in compassion -- 12 MS. BISHOP: Yes, sir. 13 DR. FORRFSTER: -- for those of us that have 14 lived there for 20-plus years. 15 MS. BISHOP: Yes, sir. We just got the golf 16 course architect's plan back just about a week ago, 17 so we're just now starting the engineering design 18 on it. So the questions you're asking haven't been 19 even drawn up yet. So T will definitely look at 20 all the thins that you discussed -- 21 DR. FOR.RFSTER: That's why we're here. 22 NIS. BISHOP: -- and happily share with you our 23 plans for that area buffering -wise. 24 DR. FORRESTER: We appreciate it. Thank you. 25 35 house, no matter what anybody says, that station's 1 going to he loud, And if you put EMS in there and 2 fire trucks in there, those alarms are to be going 3 off all hours of the night. 4 I'm just saying you have areas along that 5 road. I'm not saying not to put it in, because 6 it's vital to the community, and I understand that, 7 but you need to have it as far as north and as far 8 down as possible in the open area and do some kind 9 of demographics on it to get it away from those 10 houses, because they're right up against the end of 11 our community. And at 3:00 in the morning, that 12 alarm's going to be going off rocking those people. 13 And that's what I did for a living, and it's going 14 to happen no matter what you say. 15 MR. MULHERE: Thank you. 16 (Applause.) 17 MS. HAWKING: Good evening. My name is Anne 1B Hawking, and I live in the tower at Arbor Trace. 19 And my concern is that I noticed on your map 20 here that you've -- under GC, that you moved the 21 golf course maintenance building to the left, to 22 the west of Vanderbilt Drive. Could you explain 23 that to me? Because initially I believe it was 24 where the golf course is, 25 FT41CIZ 07/14/2022 34 MS, BISHOP: Yes, sir. DR. FORRESTER: we look forward to seeing those. Thank you very much. (Applause.) MR. RADURO: Can you put up the film where you had fire station up there, THE COURT REPORTER: Can you state your name. MS. BISHOP: State your name, please, sir. MR. RADURO: Excuse me? MS. BISHOP: State your name, please. MR. PADURO: My name is Nick Raduro (phonetic). I live in Tarpon Cove, and I'm a retired fireman. And the fire station that you're putting up there is very close. This is not -- MR. MULHERE: Oh, you want the -- MR. RADURO: No, this is even fine. Because that actual drawing you're showing there doesn't she,,: the end of Martinique as true it is in our development. And one thing is for sure is fire stations are loud, and when you buy a house and if that fire station's already there, then that's your problem; you bought the house there. But when you have a house and you're in a quiet serene area and then you put a station like that right next to the 36 MS. BISHOP: Well, it's actually still a part of the golf course. Bob, can put that plan. up. MS, HAWKING: I understand that, but now it's on -- MS. BISHOP: It's still a part of the golf course. It's just not over on the -- what we call the pork chop or the finger part of the -- it used to be along that skinny part of the property on the north line. MS. HAWKING: Well, on this map it indicates that it's on the left-hand side -- MS. BISHOP: Correct. MS. HAWKING; -- the west side. MS. BISHOP: And where it used to be was directly north of Tarpon Cove. MS. HAWKING: All right. Now it's abutting our property; is that correct? MS. BISHOP: Well, it's got 100-£cot - I mean, it's on Vanderbilt, on the east side of Vanderbilt, and it's 100 feet south of the property line. MS. HAWKING: Maybe your map is different than mine. MS, BISHOP: Yeah -- no. Actually, what that Fort Myers Court Reporting scheduling@fmreporting.com 239-334-1411 Packet Pg. 572 9.A.1.g Cocohatchee Bay PUD Amendment 07/14/2022 37 38 1 is, the old zoning map from the original zoning 1 out to a separate building that will be right on 2 -nap. We haven't changed that. Those hoindaries 2 the golf course. Instead of having to take it back 3 are -- it's only intended to have golf course 3 and forth -- 4 boundaries on there. There's still -- the actual 4 MR. MULHERE: It's in the exhibit on the 5 course itself is on the east side, so -- 5 screen. 6 MS. HAWKING: I understand that, but is the 6 MS. BISHOP: I can't -- not that exhibit. 7 maintenance -- you've indicated on the map that the 7 Yeah, it's up here. 3 golf course maintenance building is on the left -- 8 MR. M=RE: Yes, it is. 9 on the west side. 9 MS. BISHOP: She's talking about the master 10 MS. BISHOP: It is on the east side. There is 10 plan, Bob. 11 a maintenance building on the west side, but that's 11 MS. HAWKING: I'm. talking about the map. is 12 for the res-dential people. 12 that incorrect, then? 13 MS. HAWKING: Oh, so this is incorrect; is 13 MS. BISHOP: And I don't -- 1.4 that correct? 14 MS. HAWKING: I'll show you my copy, Right 15 MS, BISHOP: No, it's still correct. It's 15 here, This is what I'm concerned about right here. 16 just they're all called maintenances, and they're 16 MS, BISHOP: Well, we have a maintenance 17 all --- it's just more than one maintenance 17 building right here, but that maintenance we've 18 building. 18 separated the golf cart part of maintenance to the 19 MS. HAWKING: Okay. It says golf course 19 other side. 20 maintenance on the map, 20 MR, MUIHFRE: You've got to speak into the 21 MS. BISHOP: It's in the golf course area, but 21 mic. You've got to speak into the mic, everybody. 22 it's still -- it's not tech=-call.y the golf course 22 MS. BISHOP: I just explained to her that we 23 maintenance that serves with the -- with the sand 23 moved the part of the maintenance that specifically 24 and the grass and all. r_he things that you have to 24 services the grounds of the golf course to the golf 25 maintain the golf course. That's been separated 25 course side. The other maintenance is still there, 39 40- 1 the maintenance that handles -- that handles the 1 property line -- and I believe you guys have 2 buildings and everything else is still on that 2 50 feet on your side of your line, so we're about 3 side. 3 150-feet-plus between the building -- your last 4 MR. MULHERE: Okay. Yes, sir. 4 building and cur building. 5 MR, CRESSY! Good afternoon. David Cressy. I 5 MR. MSSY- Okay. So for the benefit of the 6 live at 14664 Glen Eden Drive. 6 people from Glen Eden, we're talking at the end of 7 1 understand that the PHI) -- the approved PUB 7 Juniper Point Lane. 8 allows for the golf course or for preserve. So 8 MS, BISHOP: Yes, sir. 9 it's a little hit difficult for us to stand here 9 MR, CRESSY: Two structures -- two homes there 10 and say, that was approved, now we don't want it. 10 would be within, what, too feet, you're saying? 11 But I am concerned about several things, and I'd 11 MS, BISHOP: One hundred fifty feet. 12 just like to get some clarification. 12 MR. CRESSY: One hundred fifty feet. They're 13 MR. MULHERE: Okay. 13 going to be -- what's going to he in there? 14 MR. CRESSY: The structure that will be 14 Lawnmowers? Is there going to be -- 15 adjacent to the southern property line of Glen 15 MS. BISHOP: Equipment, the equipment, the 16 Eden, where will that be located, and what will be 16 sand piles. It's where they store the sod, any 17 in it? 17 aggregate they need, all of their tools. That's 18 PAS, BISHOP: You're talking about the 18 where they'll be staging in that area. 19 maintenance building? 19 PR. CPE;SSY: Do you know what time in the 20 MR. CRESSY: Some structure, 20 morning maintenance begins? 21 MS. BISHOP: The closest structure to Glen 21 MS. BISHOP: Yes, sir. The hours will be -- 22 Eden is right there. 22 typically they're 6;00 to 3 00. 23 MR. CRESSY: Okay. 23 MR. QZESSY: Okay. So they'll be firing up 24 MS. BISHOP: And it is lo0 feet south of our 24 the tractors at 6;00 in the morr_ing? That's 25 property line, a minimum of 100 feet- south of the 25 potentially what you're saying, right? Fart Myers Court Reporting FM� scheduling@fnlreporting.coan 239-334-141 1 Packet Pg. 573 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 MS, BISHOP: Well, what I've thought about 1 talking to our golf course architecture and what 2 we're looking at is perhaps putting the building on 3 the north side of the property and put all of the 4 openings on the south side of the property, so 5 those things like starting up tractors and stuff, 6 you'll have a full building between you and that. 7 But the minute we hit the course -- I mean, 8 obviously, the minute vie hit the course, then... 9 MR. CRESSY: Well, I have to say, I don't live 1.0 on Juniper Point- Lane, but if I did, I would be 11 extremely upset, and I am upset on their behalf, 12 because I think that's going to be a 13 quality -of -life issue for them. 14 My second question is, in total, how wide is 15 the buffer between Glen Eden and the actual golf 16 course? How much buffer are you putting in and how 17 much does Glen Eden have? is MS. BISHOP: Well, Glen Eden only has 50 feet, 19 and that was the future right -of --way set aside for 20 that. I don't believe they have any other 21 additional buffer but that, but they may. We have 22 100 feet. 23 MR. MULHERE: Minimum. 24 MS. BISHOP: At the minimum, but you can see 25 43 kind of cross hatching in there, what is that 1 intended to show, right where you just put the red 2 mark? 3 MS. BISHOP: Those are existing --- 4 P,R. CRESSY: Wetlands? 5 MS. BISHOP: No, not wetlands. They're old 6 basins and old vegetation lines. I don't know why 7 they're still on there. 8 MR, CRESSY: Okay. So you're saying there 9 will be -- so you're saying there's going to be 10 150 feet? So I can assume, then, that I'm not 11 going to get golf balls in my driveway? I would be 12 right across the street there in that row that you 13 can see on the north of that area where you just -- 14 MS. BISHOP: Well, I'm the worst golfer there 15 is, so there's a possibility if I played that there 16 could be easily he a golf. course [sic] in some 1.7 weird place. But, no, with that much space in 18 between, no, you really have to pound it to get 19 it -- to get over that vegetation. 20 MR. CRESSY: Now, my next question has to do 21 with the former Veterans Memorial Parkway 22 right-of-way that was purchased by -- 23 MS, BISHOP: Yes. 24 MR. CRESSY: That strip of land that was 25 F?NkCI_ 07/14/2022 42 that there are places along that golf course that it looks like it's closer to 300 feet. MR. CRFSSY: So we would have to assume, then, that there will be a minimum of 150 feet at all places? MS. BISHOP: Yes, sir. MR. MULHERE: Yes. Do you see that red _ine on there? MR. CRESSY: Yeah, I do. MR. MULHERE: Okay. That -- below that is the golf course. MS. BISHOP: Well, I would say a mini= of 100 because, Bob, up there in the -riddle, just to the west of the lake, that's only 10D feet. That darker gray area up there, the darker hatch, that �s -- MR, MULHERE: Here? MS. BISHOP: Yeah, that darker is 100 feet. MR. MULHERE: But you still have a lake. I mean -- MS. BISHOP: Well, I'm not talking about -- but to the west of that, to the west of that where -- MR. CRESSY- What is the difference -- those little blue lines that run and then you've got some ea extended road. Now we're going to have a fire station on it. What kind of egress to the west and south will the Fire Department have? Will there be vehicles running up and down that? MS. BISHOP: Can you go back to the fire station. MR. MULHERE: Well, I've got it right here. MS. BISHOP; Okay. Show it real quick. MR. MULHERE: Which one? The fire station? MS. BISHOP: Just the fire station. MR. MULFERE: Okay. MS. BISHOP: Please note they have no access past that gate. This is their parcel of land. We have no -- there is no connection for them anywhere else. The road that we're bringing in is just for our convenience to bring in other materials we may need to the golf course, like dirt and ether things, because it's inconvenient to bring them in through the main entrance. MR. CRESSY: The golfers will park on the Kalea Bay side on the side of the high-rises? MS. BISHOP: At the club. MR. CRESSY: And the club is on the west side? MR. MULHERE: I'll show you. MS. BISHOP: There's two clubs. We have two Fort Myers Court Reporting scl-icdtiling@fnirepoi-tiiig.com 239-334-1411 Packet Pg. 574 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 clubs. So, Bob, if you'll -- 1 MR. MULHERE: I'm trying to find the golf 2 course. 3 MS. BISHOP: Back to the one you just had, 4 actually. 5 MR, M.T=RE: This one? No. 6 MS. BISHOP: The one before this. Back to the 7 golf course. B MR. MULHER3: Okay. The golf course. It's 9 right here. 10 MS. BISHOP: Right. 11 MR. MULHERE: -- so here's the -- 12 MS. BISHOP: There's the club. So that's 13 where they'll park. 14 MR. CRESSY: That's the club, okay. The 15 parking is going to be way over there on the south 16 side of your property. 17 MS. BISHOP: Yes, sir. 18 MR. CRESSY: Which is unfortunate for the 19 gentleman who was speaking hefore. 20 MS, BISHOP: Well, except he has a lot of 21 preserves between him and that area. I mean, so 22 we're gong to do everything we can to minimize any 23 impacts to them. 24 MR. =,SSY: This is more of a curiosity than 25 47 was the difference between 106 and 166 feet, which 1 is what I think Judi said. 2 But the agreement you fought, that is the 3 developer fought, to get the 20 stories, and they 4 were able, after a long, hard fight, to get four 5 buildings at 20 stories and then one at 17. It 6 just seems to me it takes a tremendous amount of i chutzpah =o come hack now and say now we want three 8 stories on the last build-ng. Thank you. 9 ,Applause.) 10 MR. MULHERE: Thank you. 11 MR. LUHR.S: My name is Gunther H. Lurhs from 12 Arbor Trace. We are about 100 feet away from 13 Building 5. We are now faced with looking at a 14 250-foot-high building that used to he 170 feet, 15 equal �o the size of our tower building. 16 As an impact, our community is asking for a 17 $2 million fee, because we are impacted with your 18 building height increase. That is what we are 19 asking. And I think with the amount of money that 20 you are increasing, anywhere between 60 and 21 120 million, I think that you ewe us, as a 22 neighbor, some impact fee. Thank you. 23 MR. MULHERF: Thank you. 24 (Applause.) 25 FTtC - 07/14/2022 46 really an objection. But we're putting in a golf course with a bond of $250,000 proposed, or at least that's what it said on the website, and we were told five years ago that there was only roam. for 16 holes, and now there's room For 18 holes, a 6,500-foot golf course. How is that even possible? MS. BISHOP: Well, I can tell you that these holes have been changed and done. '"he new golf course architect was able to create -- I mean, it's not the best course in the world as far as yardage, as far as I )aiow. But they like it. I mean -- MR. CRESSY- Arid the nine months of the year that it mentions, is that accurate? MS. BISHOP: Yes, they will be closed, it's like, May to Octoher. The rainy season, essentially. They won't be playing on the rainy season. MR. CRESSY: Okay. Then I'd like to just finally go back to the 17 versus 20 stories, and the whole series of issues that Judi brought up before because, you know, we fought before about the definition of the distance between the buildings and whether they bad to he straight or at an angle, and the County Commission, in its wisdom, decided in your favor. I didn't realize that it NOR MR. FEE: Good evening. My name is Doug Fee. I hope you all can hear me. I turn this way because when you look that way, most of you can't hear us. I live in a neighborhood in this general vicinity, and most of you probably know me from the post office at the corner, okay, the North Bay Business Center. And I moved to this neighborhood back in 1998, and I was here for the original PUn rezone, so were all the people that are on the stage, okay. And why is that important? For us, we have this great neighborhood in the middle of our area -- by the way, welcome, Kal.ea Bay. Anybody who's from that area, they come to the post office. They're wonderful people. So now back to this. First of all, we. already did the deal. You sued us in court back in 2006 with a Bert Harris lawsuit, and we settled. Guess what? Taxpayers didn't have to pay. There were a lot of things that we negotiated. And I say "we," hecause it was in the public interest as well. One of the things I want to point out is, if you go to the slide which had a yellow dot in the R2 residential units, which is by Fort Myers Court Reporting scheduling cr finreporting.eom 239-334-1411 Packet Pg. 575 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 49 Tarpon Cove, there's one slide. And while you're 1 doing that, please tell me how much you are selling 2 the units today in Tower 3 or 4. I don't know 3 which one you're on. How much are they going for? 4 MS. BISHOP: I honestly have no idea what that 5 is. I _Honestly don't. 6 MR. FEE: Is it -- no? Well, I can tell 7 you -- 8 Ms. BISHOP: I do sell -- no, guys, listen. I 9 do consulting for them. -_ do not do sales. I have 10 never once stepped in the sales to know. 11 MR. FEE: Well, I can tell you that they're 12 transferring at three and four million, okay. If 13 you go right there -- go back one, Bob, please. 14 MR. MULHERE: Yeah, IS MR, FEE: Okay. In the original rezone back 16 in 2000, there was actually two residential areas. 17 It was affordable housing where the fire station's 18 going to be located. There were 90 units, okay, 19 out at 41, and there were 480 over in the towers. 20 Well, guess what, in the settlement, they moved 21 those 90 units over to the other side, 90 units, I 22 wasn't against that. It's great. It helped all of 23 us. Ninety units times three or four million, 24 we're talking 4- or 500 million worth of product, 25 51 something wrong. I do know that in the settlement, 1 which pertained to Ordinance 2000-88 and an amended 2 PUD, those are all incorporated now. 3 So in that deal, Mr. Yovanovi.ch, the 4 attorney -- first of all, quasi-judicial means what S to us? What does that mean? 6 M1Z. YO'v'ANOVICH: I guess I've got to go to a 7 microphone. 8 MR. FEE: In the process, when you go to these 9 meetings, you have to raise your hand -- lc Mt. YOVANOVICH: So, Doug, your question is 11 what -s quasi-judicial? 12 MR. FEE: Yeah, what does that mean? 13 MR. YOVANOVICH: A quasi-judicial hearing is 14 when you go to the Board of County Commissioners 15 and you -- everybody who testifies is sworn, and 16 you take an oath to tell the truth. And I'm 17 tellinc you everybody who was there told Lhe truth. 18 NE, FEE: Okay. And my next question was -- 19 and you just answered it, which is -- I have to 20 believe, Mr. Yovanovica, that you would not lie 21 under a quasi-judicial. You wouldn't do it. 22 MR, YOVANOVICH: I'm not. I didn't. 23 M2, FEE: You wouldn't. 24 MR, YOVANOVICH: And I'm not doing it now. So 25 "kck 07/14/2022 5o okay. Now, in tnat settlement, it said that the developer would contribute to the county 600,000 per tower as they were Coed for affordable housing. Did that ever happen? MR. MULHERE: book, let me clarify -- may I, Doug? MR. FEE: No, it did not, MR. MULHERE: May I, Doug? Doug, may I just clarify one thing. MR. FEE: Yes, sir. MR. MULHERE: You said everybody on the stage. I just want to clarify: I neither worked on the original rezone nor on the previous amendment. This is my first time working on this project, just to correct the record. Thank you. MR. FEE: Okay. I'm sorry. MR. MULHERE: That's okay. MR. FEE: I think Mr. Yovanovich was. MR. MULHERE: You said everybody. MR. FEE: Okay. MR. YOVANOVICH: You're wrong again. I was not on the first. I was on the second. I was not on the first. MR. FEE: Okay. okay. I'm sorry if. I said 52 what's your point? MR. FEE: Okay. So in the settlement hearing, there were two questions raised by the president of Tarpon Cove. The first one was: How do we know if you're going to come back and add units? Okay. That was on everyone's minds. And, in fact, Mr. Yovanovich in the transcript states, oh, no, we're committed. We won't come back for density, okay. 590, okay. That was one concern. The second one was the golf course. We, the neighborhood, embraced the towers and our residents, but for that you got to build all those units up in the a-r in the coastal high hazard area, legally, but you left the golf course because you got to go up in the air, and most conventional zoning puts it mid -rise, you know, low-rise, so that was a big benefit, and it's great. It's a great community. So my question really is, the essential -- the essential services -- there's actually -- in the PUB under general permitted uses, it says, certain uses shall he considered general permitted uses throughout the Cocohatchee Bay Community PUD excepu in the preserve district. And then it goes on to say, essential services as set forth under the Fort Myers Court Reporting srheduliiig@fiiireporting.com fmreporting.com 239-334-1411 Packet Pg. 576 9.A.1.g CocohatOee Bay PUD Amendment S3 1 Collier County Land Development Code. 1 2 So as we're standing here, putting in a fire 2 3 district is already permitted; am I correct? 3 4 MR. YOVANOVICR, Doug, I don't think that's 4 5 the answer, no. I think we have to specifically 5 6 identify it on the golf course tract that a fire 6 7 station can go in. 8 MR, FEE: But it's already said it in here. 8 9 So let's not debate it. I think that you already 9 10 have the right -- 10 11 MR. YOVANOVICH: Doug, I was trying to -- 11 12 well, that's great. Then I can put it anywhere in 12 13 there. And if the county tells me I don't need -- 13 14 VR. FEE: As long as it's net in the preserve. 14 15 N.R. YOVANOVICH: If the county comes hack and 15 16 tells me, Rich, you were -- you didn't need to do 16 17 what you're doing, I'll be happy to withdraw that, 17 18 and I'll build a fire station without a change in 18 19 the POD. 19 20 MR. FEE: I'm just pointing out that it's 20 21 already permitted in that area where you want to 21 22 put it. 22 23 MS. BISHOP: If I may, in 2COD, essential 23 24 services definition is not the same definition as 24 25 now. Back then essential services just meant 25 55 I MR. YOvANOVICH; I've got it. Yes. Doug, you 1 2 know that we have to go to the Collier County 2 3 Planning Commission -- 3 4 MR, FEE: Okay. 4 5 MR. YOVANOVICH; -- and have a hearing ---or 5 6 them to make a recommendation, and you also know 6 7 that we have to go to the Board of County 7 8 Commissioners and we have to get a supermajarity. 8 9 MR, FEE: Okay. 9 10 r-2, YOVANOVICH. Yes. 10 11 MR. FEE: I'm just helping out the 11 12 neighborhood here. 12 1.3 MR. YOV.ANOVICH: I'm sure most people in this 13 14 room probably know that. 14 15 MR. FEE: Well, maybe they do, okay. 15 16 So when would these hearings be held? 16 17 MR. YOVANOVICH: We don't have them set yet, 17 18 Doug. My guess is it's probably going to be in the 18 19 late fall. Maybe, maybe early -- I would guess, 19 20 best case, October, November, best case. 20 21 MR. FEE: When the people come back? 21 22 MS, BISHOP: Yeah. 22 23 MR, YOVANOVICH: October, November. I'm 23 24 assuming that's where it's going to shake out 24 25 time -wise. 25 FNkck 07/14/2022 54 utilities, drainage. You know, it didn't have things like police, fire stat-ons. It didn't -- governmental stuff. That was added later, So this is a -- the essential services definition between 2000 -- 1998 and today is different, so that's why we're specifically putting it in there. .And not just that, we're giving it development standards on setbacks, buffers, you know, those kinds of things that would not have been in there if you just throw it in. MR. FEE: In the original 2000-88, it mentions the Land Development Code, but in the amended PUD, it struck that code, and it just says "essential service.` My only point, though, is that while a fire station is possibly needed, it's -- you're already able to build it except in preserves, and this is a big development. Okay. So now, the deal is that in order for you to do this, to make the change, you have to go to the County Commission, and you have to have four corud ssioners of the five approve this? MS. BISHOP: Yes, sir. MR. FEE: Okay. In hearings, correct? MS. BISHOP: Rich -- 56 1 MR. FEE: Okay. Would you admit that in the settlement it specifically states 590 units? MR. YOVA.NOVICH: And will you admit in the settlement it says it can be amended by the parties? Will you admit that, Doug? It does say that. It does say that. MR. FEE: How many -- how many PUDs are guided by a Bert Harris loss settlement? MR. YOVANOVICII: Right. And the settlement agreement says, Doug -- that you negotiated. MR, FEE: Right, MR. YOVANOVICR: It says that it can he amended if the parties agree to amend it. We're going through the process to amend it. The County Commission may decide they choose not to amend it, but the document itself says the parties can amend it in writing. Will you admit that? MR. FEE: In the same manner? What would be the -- MR. YOVANOVICH: We're ooing to go through the Planning Commission hearing, and we're going to go the BCC, and we're going to have to get four out of five. MR. FEE: Okay. What is the purpose -- you've heard the Arbor Trace -- first of all, the original Fort Myers Court Reporting scheduling@fmreporting. com 239-334--1411 Packet Pg. 577 9.A.1.g Cacohatchee Bay PUD Amendment 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 2000-88, that Lower next to theirs was 15 stories. 1 In the settlement, you were granted two floors 2 already, which is 17. why, at the end of the 3 story, do you need three more -- this -- these 4 people have to have some -- be able to sleep and 5 know what's in front of them. And I mean, why 6 three more stories? why is that? Money? 7 MR. YOVA.NOVICH: The property owner has the 8 right to talk to the parties who were part of 9 agreement, and we also have a right to develop 10 consistent with the Growth Management Plan. And 11 what we're requesting, which is 10 more units, that 12 density is consistent with the Growth Management 13 Plan. 14 Now, if you will look at -- we had an exhibit 15 up that shows the 17 over two. That building is 16 already taller than Arbor Trace. So the additional 17 three floors will have no impact on what Arbor 18 Trace is already looking at. 19 You can -- ma'am, we're going to treat each 20 other with respect, and we're not going tc do that. 21 So, please, you can have your opinion, and we're 22 allowed to :eve ours, and we'll both go talk to the 23 Board of County Commissioners. But please don't do 24 that, 25 59 MR. FEE: Ten units. 1 MR. Yov=vICH: Ten units. 2 P,R. FEE: And I feel sorry for the people at 3 Arbor Trace. I mean, when it is -- what if you ask 4 for another five? 5 MR. YOVANOVICH: Doug, look. It's time for 6 you to sit down. Thank you. 7 (Applause.) 8 MR. LUHRS: Just one question. 9 114F COURT REPORTER: State your name again. 10 State your name again. 11 MR, MULHERE: Name, your name. 12 MR, LLTHRS; Gunther Luhrs, Arbor Trace. 13 Could you explain that comment made in blue? 14 I don't understand this statement that there's no 15 additional impact going up three stories. 16 MR. 74ULI'TRE: Oh, he's talking about right 17 here. So the -- give me -- just give me a second. 18 1 don't know where my -- here it is. So here's the 19 seven -story [sic] height right here. Excuse me. 1 20 can't draw very straight, I guess. 21 Okay. So this is the seven -story height -- 17 22 story, 17 -- 17 story, which has no actual height 23 limitation. So, you know, higher floors. It could 24 be -- it could be more than 170 feet. This shows 25 54C - 07l14/2022 58 MR. FEE: So just -- and then I'll sit down. Ilut the transcript back in 2006 and 18 when we did the settlement, we, the neighborhood, and the county and you, you, Rich, said, Comm=ssioner Halas, you're absolutely correct that there is a phase -in schedule for this restrictive covenant that each residential tower is constructed one -fifth of the golf course in perpetuity. You can only have two units and also, if the golf course ever goes away, we'll have green space, open space, okay. And you also said, so that is -- this is a true sum -nary of how that all works. On the 590, also, I guess since we need to make sure that this gets into the settlement agreement, it is our commitment to limit the density to 590, and we will not come in and ask for an amendment to increase that density. And you were asked several times by all of those commissioners, is that -- I mean -- this is the transcript. So that's where the neighborhood -- that's where the neighborhood gets a little bit upset, because we thought we did the deal, and now we're asking -- you're asking for 10 units. MR. YOVANOVICH: Ten units, Doug. 60 it at 170 feet. And you can see -- MR. YOvPNOVICH: That doesn't include the roof. MR. MULHERE: And that doesn't include the roof. so you're going to have another 24, 34 feet of roof up there. So if you take a line across, the existing approved tower at 17 stories with the roof is significantly higher than the existing Arbor Trace. That's what the point of that was. MR. LUHRS: Okay. Thank you, MR. MUhHERE; And you can see the sky after that, too. t,R. HAWKING: My name is David Hawking. I live at Arbor Trace. MR. MULHERE: Hi. MR. HAWKING: I would like to urge everyone here to call your county Commissioner and let them know how you feel about this whole project. They need to know what you care about. Thank you. MR. MUTzLERE: Thank you. (Applause.) MS. wASSERMAN: Hello. My name is Sue Wassermann, and I live at 13675 Vandexbilt Drive; that's Aqua. And I just had a few more questions about the Fort Myers Court Reporting scheduting@,fn-ireporting.com 239-334-1411 Packet Pg. 578 9.A.1.g Cocahatchee Bay PUD Amendment 07/14/2022 61 I 62 1 parking area that is going to be on the south side 1 access right at Wiggins? 2 of Wiggins Pass. 2 MS,BISHOP: It's right at Wiggins. 3 Tne information you handed out tonight said 3 MR, MULHERE: There's a Wiggins access. It 4 that the developer is going to donate the 4 doesn't show -- you can't really see it on this 5 three -plus acres. How much property there does the 5 graphic, but you can see it on the other one that 6 developer actually own? 6 shows the access to the site, which I'll find. 7 MR. MULHERF.: I think -- is that -- that's it. 7 MS. BISHOP: You can see it, Bob. 8 MS. BISHOP; That's it, just the three -acre 8 MR. MULHFRE: Here. You see the access point 9 parcel.. 9 circled? 10 N.S. WASSERMAN: Just the three acres, okay. 10 MS. WASSERMAN! Right. But that shows the )I MS. BISHOP: The comeercial parcel's three 11 golf course more in the middle, or the clubhouse 12 acres. 12 more in the muddle, and it's down there on the -- 13 MS, WASSERMAN: I see. .And who do you expect 13 MS. BISHOP: Go back to the other exhibit. 14 will park i= that 100--space parking area? Is it 14 It's a better exhibit. 15 golf club members, or is it open to the public? 15 MR, MULHERE: I don't think it showed in the 16 MR. MOLI-= : It's going to be owned by the 16 middle. There's two there. Okay. Hold on a 17 county. 17 second. I've got to find it. 18 MS. WASSERMAN: Okay, is MS. WASSERMAN: Well, I just wanted to know 19 MR. 14ULHERE: And so it would be used by the 19 where it was. 20 public. 20 MS. BISHOP: There it is. It's on the -- it's 21 MS. WASSERMAN: Okay. So when we look at the 21 right there where Wiggins is, the little pink. 22 location of the golf clubhouse, which is really on 22 There you go. 23 Wiggins, not accordinq to the map here, where is 23 MR. MULHERF.: Right -- okay. 24 the entrance to that? ➢o yai have to drive into 24 MS. WASSERMAN: So probably -- 25 the golf course to get to the club, or is there an 25 MS. BISHOP: Saved by the laser. - - 63 - - 64 1 MS. WASSERMAN: -- members of the golf course 1 MS. MEEHAN: I'm Pamela Meehan. I live at 2 club would park in the public parking? 2 Audubon. 3 MS. BISHOP: No, ma'am. That's for the park. 3 My question is for Norm, is it, the traffic 4 That's the -- that's the Cocohatchee Park's parking 4 man. As was stated before, we really have a 5 lot. 5 problem trying to pull out in season onto 6 MR, MULHERE: We are required -- 6 Vanderbilt Drive now. To take a left-hand turn, 7 MS, WASSERMAN: Okay. 7 you might have to wait five or so minutes. We have 8 MR. MULHERE: -- to design a site to have 8 traffic -- cars, more and more cars in season, hike 9 sufficient parking for the golf club members. 9 riders also, and pedestrians. 10 They're not going to park over there and walk 10 It's very dangerous pulling out, because when 11 across the street, We're going to have plenty of 11 we're waiting for the break in the traffic, you've 12 parking. 12 got the bikes coming up, and you have to deal with 13 ME. WASSF.RMAN; Okay. That's what I was 13 them at the last minute because they're not going 14 wondering, how you got into the clubhouse. 14 to stop, and we have to watch out for pedestrians. 15 MR. MTLHERE: Yeah, 15 Have ycs done any studies on Vanderbilt Drive, 16 MS. WASSERMAN: Okay. Yeah, that's it. 16 in -season studies to see the volume of traffic? 17 MR. MULHERE: Thank you. 17 .And Kalea isn't finished yet, se, there's going to IB MS. BISHOP: Thank you. 18 be more. 19 MS. WASSERMAN: One more thing. How many 19 And do you have any plans in place, like, stop 20 memberships will there be for the golf course? 20 signs, a traffic light at Woods Edge Parkway? I 21 MS. BISHOP: I have no idea. I'm sorry. I 21 would love a stop sign at every entrance to every 22 can let you know as soon as I find out. 22 oommnniity going down Vanderbilt to slow the traffic 23 MS. WASSERMAN: Okay. Thank you. 23 down, because people go 55, 60 miles an hour. 24 MR. MULHERE: Good question. 24 MR. TREBILCOCK: Sure. So when we do the 25 (Applause.) 25 traffic study that we're going to -- that we do, Fort Myers Court Reporting F?�CIZ scheduling@fmreporting.com 239-334-1411 Packet Pg. 579 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 20 21 22 23 24 25 65 it's based on using the numbers, the count numbers that the county collects. So the county does do a count, and they collect count data on Vanderbilt Drive because it's a county -collected roadway. So that's the data that does get used, and they look at the levels of service of the road, And so when we go to develop the actual parcel and stuff, we have to use that current data that the county has for that analysis, so -- but in terms of -- MS. MEEHAN: How correct is the data? MR. TREBILCOCKi So they collect data every year, and they do quarterly counts of t'raff'-c, and they create what's called an AUIR. it's an Annual Update and Inventory Report. And that's annually done that they collect what is the peak traffic volume on all the given roads in the county. And so we have to analyze that. And then we lock -- we look fcrward into the future of when the, say, development is going to occur, and we have to affirm that there's sufficient capacity for the development that we're doing. MS. MEEHAN: So what's the status now? What': the latest update on the volume of traffic that's ridiculous in season? 67 certain point whether or not a signal's warranted or, again, a roundabout may be an alternative in a situation like that. MS. MEEHAN: Okay. -would hate to wait until -- they put the light in at Wiggins Pass and 41 after two people were killed. Up to that point they said it was irmossible. MR. TREBILCOCK: Sure. MS, hiEEHAN: So we've always been a kind of cutoff for people trying to avoid Bonita Beach Road and 41 light. MR. TREBILCOCK: Sure. MS. MEEHAN: And now the volume is just heavier and heavier. We have more and more people. Something has to be done before someone gets killed, MR. TREBILCOCK: Sure. That makes sense Thank you MR. 1 2 3 4 5 6 7 a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 KELLY: David Kelly, 717 Mainsail. Place in 19 Tarpon Cove. 20 I'd like to know what provisions you have made 21 for wildlife in the area. There are seven -- six 22 deer that live in there, one panther, two bobcats, 23 and a variety of other critters. Have they made 24 any -- are they going move to them or -- 25 FMCIZ 07/14/2022 66 MR. TREBILCOCK: Okay. So - don't have the actual volume here, with me here, so I can't give that to you, but I can provide that, though, as a follow-up. MS. MEEHAN: And is there any talk about how to handle the volume of traffic, any, you know, ideas bouncing around to ensure safety? MR. TREBILCOCK: Sure. I mean, some of the things that you're talking about, I mean, those are good points for developments, in each development. It looks at what's happening -- I mean, we look at different improvements whether at a certain point for a development to say a signal is warranted for that community in order to be able to have access, or other ways that we treat that is through roundabouts is another technique that can be used to be able to get access to give you capacity. Putting four-way stops everywhere, if they're not warranted, really isn't in anyone's best interest, because you get a lot of people that don't comply with the stops if they're not warranted, and they really will tend to stack the traffic up, you know, even worse or make problems worse. So you balance the solutions. Like at Woods Edge, I would imagine they'll look at a 6B MR. MULEERE: Yeah. We're required to go through the jurisdictional -- local, Collier County, and jurisdictional permitting process, Tim Hall is the ecologist an the job. I do want to point out, in general, that the golf course is already approved. We're not asking for approval of the golf course. It's already approved. And so it's going to be developed. Do we have to go through a permitting process? Do we have to look at listed species? We do. Tim, dial you want to add anything to that? You need a microphone if you do. MS. BISHOP: Well, I know for sure there's no panther on our job, on the site. MR. KELLY: Well, we've seen one twice. MS. BISHOP: You micht have seen a bobcat maybe but, as far as I know -- here's Tim. MR. MULHERE: We actually use the science and the data that comes from the agencies. MR. HALL: Right. So prior to any of the development happening and any of the clearing going on, there are surveys that are done to look at the property to see what may be actually living and habitating there. The gopher tortoises are the biggest one. There's a bunch of gopher tortoises Port Myers Court Reporting sclieduting f-mreporting.conl 239-334-1411 Packet Pg. 580 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 69 on the site. There are periodic surveys done to keep track of that population, And prior to any clearing that would impact to those tortoises, they will have to be caught and removed off the site, taken tc another preserve area. Some of them are being kept on the on -site preserves, but because of the constrict' -on in the size of the uplands that will be left, we want to make sure that they all have ample space. So some of them will stay on site; some of them will go to an off -site preserve. In terms of other transient wildlife, you know, Ehe possibility exists for larger wildlife, whitetail deer, bears, panthers can come onto the site or off the site, but according to all of the FDIC records and all of the surveys that I have done out there, none of those are actually living or denning or raising young on the site in terms of the bigger wildlife, the larger wildlife. PR. BELLY: Well, we had an eagle, but he died from led poisoning. ,,R. HALL: The eagle -- the eagle's nest -- the eagle was part of the original permitting, the nests that they built over next to Building 5. That tree is within the preserve area. The 71. here. 'Phis request for three additional floors is pure greed. We're talking about somewhere between 50 and $60 million for those 10 apartments, and that all it's about, and what it does is change the skyline. If you come down Wiggins Pass and you look at Kalea Bay, it has some sort of flow to it, and then it flows over into Arbor Trace. And now you're talking about building another building that is taller and wider than Arbor Trace's tower. You just changed the skyline, and not for the better. It dominates the area. I'm totally unhappy with what you're doing. -hank you. MR, MULHERE: Thank you, (Applause.) MS. W-LSON: Hello. I'm Barbara Wilson at Tower at Arbor. Trace. I'm very concerned about your showing access to the golf course at the traffic light, right at the traffic light. How can we handle that growth? You're showing two accesses to the golf course, and one is right at the traffic light. MS. BISHOP: Originally, when we put those in there, we weren't sure how it was going to he, so we didn't change those from the original PUC. So I didn't take that off:, but the only access to the FNAC _ 07/14/2022 70 1 building is very close to it and, because of that, 2 there were permits that were obtained from the U.S. 3 Fish and Wildlife Service. 4 There was additional property that was 5 purchased within that same area to provide 6 alternative nesting locations. once the towers got 7 built, the assumption was that the proximity of the 8 nest to the tower would be too close for the eagles 9 to maybe want to stay there long term. So other 10 areas were put in the preserve that had trees and 11 habitat large enough to he able to support the nest 12 for when the eagles move, 13 MR. KELLY: Okay. Thank you. 14 MR, MULHERE: Thank you. 15 MR. GOLDSTEIN: My name is David Goldstein, 16 and I'm a resident of Arbor Trace. 17 I'd like you to put up that drawing that shows 18 the elevations of these buildings. You're quite 19 right that the existing height is slightly more 20 than the height of the Arbor Trace tower, but if 21 you look at the bulk of the building, it's massive 22 in comparison. 23 When I moved here 25 years ago, friends on the 24 east coast said, I hope they don't east coast the 25 west coast, and that is exactly what you're doing 72 1 golf course is going to be as we showed on the -- 2 farther to the east adjacent to Tarpon Cove, that 3 piece that's adjacent. 4 Bob, car_ you put that up? 5 It's that other one. Even though it shows 6 the -- yes, that's where it's going to be. Even 7 though we showed the other one, those were the 8 original ones that were on, but we are not going to 9 he accessing. As you can see, there's holes there, 10 and the county, just so you know, has regulations 11 that -- but if I don't have an arrow there and if 12 ever I need to have some sort of access for 13 anything else, then I have to go back to them for 14 another permission. 15 MS, WILSON: So there will not be one at the 16 light? _7 MS. BISHOP: No, ma'am. 18 MS. WILSON: Thank you. 19 MR, MULHERE: We have some people on Zoom, so 20 - think we'll go to that, Do we want to take a 21 little break, or you okay? 22 THE COURT REPORTER: I'm fine. 23 MR, MULHERE: Okay. So if you let me know who 24 you have or --- so if you're on Zoom and you want to 25 speak, you need to raise your hand, and then we'll. Fort Myers Court Reporting scheduling@fmreporting. corn 239-334-1411 Packet Pg. 581 9.A.1.g Cocohatchee Bay PUD Amendment 1. 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 1 2 3 4 5 6 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 recognize you, and you can unmute yourself. So I I 1 can't see if that anybody's raising their hard, so I 2 you tell me. Anybody? 3 MR. MORA: Not yet. 4 MR, MULHERE: Okay. While we're waiting to 5 see if anybody raises their hand, would anybody 6 else like to make any comments or ask any questions 7 before we get ready to close? 8 MR. CLUKEY: I do. 9 MR, MULHERE: Please. 10 MR. CLU—KEY: My name is Mike Clukey, and I 11 live in Arbor Trace. 12 I would :like to ask a question. Who was 13 building the firehouse? The county? 14 MR. MULHERE: No. Well, the fire district. 15 MR. CLUKEY; The fire district? 16 MR, MULHERF: Yes. 17 MR, CL= ; Okay, Now, why do they need 18 another fire station when there's one right up the 19 road about a mile? 20 MR. MULHERE: You Jcnow, I can't speak to their 21 business. They do have -- they are required to 22 look at the time it takes to get to their calls, 23 and when that time starts to get too long, they 24 look for another opportunity because there are 2S 75 NIR, CL'.JI�IY: All right. So by you doing this, 1 I guess it's out of the your. --- out of your 2 pockets, right? 3 MR. MULFERE: That is. I mean, we know that 4 the county expressed an interest, so, you know -- 5 MR. CLMY: Okay. All right. Well, thank 6 you, 7 MR. MULHERF : Yep , 8 MR. VORA: Bob, we have Zoom, 9 PE. M=RE: Yeah, that have raised their 10 hands? 11 MR. MORA: Yes. So we've got CJ Hill. 12 MR, MULHERE: CS? CJ, if you can unmute 13 yourself and go ahead and speak. 14 MR, HILL: Yes. This is JC. Can you hear me? 15 MR. MU-,iBRE: Good. Yes, we can. 16 MR. HILL: Yeah, perfect. My name is CJ Hill 17 from 713 Captn Cape, North Shore Lake Villa. 18 Could you guys just walk us through how we got 19 to the donation of the parking lot? I'm interested 20 in why a parking lot -- is it exclusively a parking 21 lot, and why 100 spaces? 22 MR. t4uLHERE: Okay, So I'm going to defer to 23 Rich, because I wasn't directly involved in that. 24 I do want to remind you that three acres is zoned 25 F-NtCi , 07/14/2022 74 certain statutory regulations on how long it takes to make a call, MR. CLUKEY: So you are donating the land to them to build a -- MR. MULHERE: No, NIP. CLUKEY: -- fire station? MR. YOVANOVICH: I don't know. MR. CLUKEY: Is that my understanding? MR, 14ULHERE: No. We're definitely donating the three acres for the parking across the street from. -- and constructing it -- from the park. I don't know that there's been any negotiation for a donation, You see, we pay impact fees, fare -mpact fees. So that's what the fire district uses to buy. MR. CLUKEY: So you're building a parking area for people for park to get where? MR. IvLTU=: To the park. ,R. CLUKEY: What park? MR. MULHERE; To the park right across the street. MR. C=Y: Ch, the boat launch place? MR. MULHERE: Yes. MB. CLUKEY: Oh, Okay. All right. MR. MULT=; Thank you 76 1 C-3, and it could be developed with restaurants, fast food, whatever. So I'll defer to Rich. MR, YOVANOVICH: The county, for -- for the record, Rich Yovanovich. The county, for many years, has been looking for additional parking opportunities for people to use its parks in particular., also getting to the boat ramps, because parking is a problem for people to get and use different county parks and different water areas. So county staff approached us about this parcel, and we started talking to them about the possibility of donating that parcel to the county, and then county staff said, you )mow, vacant land without parking spaces makes no sense. So county staff said, we would like you to build 100 parking spaces. So it was through discussions with county staff that this parcel, you know, came into discussion regarding the county parking space instead of developing the property with C-3 uses. Overall, it's a reduction in potential traffic from that C-3 parcel, because if the C-3 parcel was developed with comnerci.al uses, there would be far more traffic in the area. So the county viewed that as a traffic reduction opportunity as well as Fort Myers Court Reporting scheduling@fmreporting.com 239-334-1411 Packet Pg. 582 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is ].9 20 21 22 23 24 25 1 2 3 4 5 6 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 77 providing an opportunity for people to get to 1 county parks. So that's how that came about. 2 MR. HILL: Okay. Just a follow-on 3 clarification. Is the donation by Kalea Bay 4 contingent upon that property being used as a 5 parking lot, or does the county have the option to 6 explore other uses or even no use? MR. YOVANOVICH: And I will confirm with county, but the county has never expressed to us 9 anything other than putting county parking on that 10 property. 11 MR, HILL: Okay. But the County Comniss-oners 12 represent us as homeowners. 13 MR. YOVANOVIM Right. 14 MR. FILL: If we want to have a discussion 15 regarding the use of that land, can we have that 16 discussion, or is the donation contingent upon it 17 becoming a parking lot? 18 MR. YOVANOVICH: I don't think we have reached 19 the point where we've said you can only use it as a 20 parking lot. I think we'd probably like to 21 entertain what the community may want to see on 22 that parcel, but I don't think we're saying it 23 absolutely has to be used as a parking lot. 24 MR. HALL: Okay. Thank you. 25 79 us will be using that parking lot. I know I won't. 1 So it's a parking lot. 2 I had some environmental questions in terms of 3 wildlife. A couple days ago I saw a panther walk 4 through our backyard. It was really an amazing 5 sight. But I wonder abou-,, again, we're 6 encroaching on all kinds of native wildlife that 7 were here for millions of years -- well, thousands s of years. 9 MR. MUU4ERE: Yes. So every single project -- 10 I'm sorry. I'm sorry. I didn't mean to interrupt. 11 MARITA: So panthers, bobcats, the tortoises 12 that were mentioned, you know, these are concerns. 13 The fire station, the noise the gentleman that was 14 a fireman mentioned, the lights from a firehouse. 1s Everything is, like, on high alert, and then just 16 the traffic from a firehouse. So if that's going 17 to be near where people are living, that is 1s certainly not well thought out. 19 Let's see. I had a couple of other points. 20 Noise, lights, environmental impact. 21 I know the golf course is a fait accompl.i, 22 more or less, but I'm just wondering, a woman 23 earlier mentioned the water usage, mentioned 24 fertilizer runoff, that kind of thing. I'm just 25 ENTA, 07/14/2022 78 MR, YOVANOVICH: Sure. MR, MULHERE: Okay. Who's next? MR. MORA: Marita. NiR. MULHERE: Marita, if you can unmute yourself. MARITA: In unmuting. MR. MUIJIERE: Good. We can hear. MARITA: Okay. Great. Okay. I had several points, but I'd like to follow up with the parking lot. When I heard about -- can you hear me? When I heard about the donation, I heard 100-spot parking let -- tdR . MUr HERE : Yes. NARITA: -- and I though, you know, concrete over land that could he put to better use. And every day I take my dog to Cocohatchee River Park at least once a day. That park might be a little tight, but -- in terms of parking but, believe me, the marina is never mobbed, Sure, there are boats that go in and out, but I've gone went- over to that marina. Sometimes at 5:00 it's almost scary it's so empty. I don't see the need for another parking lot, and I certainly don't see it being donated to the community as a gift, because I don't think any of 60 wondering -- and I've read recently -- that golf courses are not as financially viable as they used to be. so what happens if two or three years down the road you say, hey, wait, you know, we're not going to do this golf course? We might cc to Plan B or Plan C. I know it's already been approved, but what if you decide not to go forward with it? I guess that's about it. Thanks very much. MR. MULHERE: Sorry. I guess I can answer your last question. That's the only use that's allowed on that tract. So we couldn't just go to Plan B. There isn't a Plan B; however -- MR. YOVANOVICH: 2lan B is green open space. MR. M[IhrISRE: Or green open space, yeah. Ms. BISI=OP: But the construction starts on the course next year. MR, MULHERE: And construction starts. so once the developer invests a significant amount of money into that golf course, that's going to be there. You know, your question about wildlife, you know, again, we are required to go through a very rigorous process both at the county level and at the state level and demonstrate -- assess the Fort Myers Court Reporting scheduling@fmreporting.com 239-334-1411 Packet Pg. 583 9.A.1.g Cocohatchee Bay PUD Amendment O7114i2O22 81 62 1 property and demonstrate if there any listed 1 able to speak. I see your hand's up. You can put 2 species. If there are listed species, how those 2 your hand down. I see you. But you've got to 3 are being protected in accordance with the 3 unmute your computer to be able to speak. 4 management plans that the stare has adopted. 4 MR. MYER: Can you hear me now? 5 And, by the way, every single development in 5 MR. MGMERE: Yes, we can. No, you just got 6 Collier County has impacted what wasn't development 6 muted again. Whatever you dial, now it's muted 7 before they got there. So this is -- you kr_ow, 7 again. None, we can't hear you. I can see a 8 this is no different than everybody that came 8 microphone -- now you're -- no, you're back on. 9 before us. So that's the best I can do for those 9 You keep going on and off. I don't know what's 10 comments. 10 going on there on your end. Let me go to somebody 11 i do see your hand, Sherry. Just give me a 11 else. I'll come back to you. Wait. 12 second -- or you're on Sherry's computer maybe. 12 MR. MYER: Can you hear me now? 13 Marita, did you have anything else? 13 MR. MU=PR : Now I can hear you, yes. 14 MARITA: No. I just -- no, just the point 14 MR, MYER: Dale Myer. I live at 320 Horse 15 about the firehouse. 15 Creek Drive. 16 MR. MU7FiERE: Right, 16 M.R. MULHERE: Okay. 17 MARITA: I'm just kind of not so hot on that 17 MR, MYER: And I have just two or three le idea. 18 questions. First of all, we use the park 19 MR. M[n HERE: Right. I made note of your 19 frequently, and we never ever have a hard time 20 comment. Thank you. 20 parking over there, no matter in season, out of. 21 MP.RITA: Excuse the pun. 21 season, what time of day. COVID, whatever. 22 MR, MULHERE: So the next person I see right 22 MR. MULHERL: Okay. 23 now is Sherry Myer. I do have Jared and David's 23 MR, MYER- One hundred spaces seems a lot to 24 iPhone. If you'll. gust give me a second. We'll go 24 me in that space on that corner. 25 to Sherry Myer. Please unmute, and you should he 25 MR. MULHERE: Okay. 83 84 1 MR. NYRR: And I think, potentially, it could 1 that. 2 be used for people parking their boat trailers 2 And I just want to -- again, you know, I 3 there more than anything that are trying to drop 3 know -- I'm just stating a fact. This is really 4 their boat in the ramp and then find a place to 4 important to me because I've seen it happen many, 5 park_ And our unit direct -- we're on the top 5 many times. That is zoned C-3. 6 floor of our building, and we overlook that space. 6 MR, MYER: I understand. 7 And if -- 100 units seems like a lot to me, And if 7 MR, MULRERE: You know, that allows about 100 8 it is a lot, then what are the barriers for the 8 commercial uses on it- 9 people that live on Horse Creek Drive so they don't 9 MR. MYER: I understand. Iunderstand that 10 have to look out of their units at a parking lot? to completely. I'm not debating what it's zoned. I'm 11 MR. MUU-1ERE: Well -- 11 just debating -- 12 MR, MYER: We already have one parking lot 12 b2. MULHERE: No, I got it. I'm just 13 we're looking at. So what kind of barriers are 13 trying -- go ahead, I'm sorry. Did I answer -- 14 going to be in place there? That's the question. 14 MR. MYER: One hundred spaces is a lot of 15 MR. MULHERE: Well, we will -- the county -- 15 spaces. 'That's a big parking lot, which is now 16 when we construct it, we're going to have to submit 16 woods. 17 a plar. to Collier County. They'll review it, and 17 MR. MUL:-IERF.: Yeah. So -- warted to answer 18 then we'll donate it to the county. As part of 18 your question about the buffers. I don't know 19 that review, you are required to put landscape 19 exactly what that would be, I think you're 20 buffers up. It's 100 parking spaces. I mean, 20 probably only talking about maybe a 15-foot 21 nothing's written in stone. As I think Rich 21 landscape buffer with a -- with shrubs and trees. 22 indicated, this is what the county asked for. So, 22 Because it's residential next to us, that will he a 23 I mean, obviously, as Rich mentioned, -maybe there's 23 Type B buffer. They will make us plant larger 24 an opportunity to use this parcel in a way that's 24 plant sizes so that it reaches opacity -- or urger 25 amenable to everybody, but the county did ask for 25 shrub sizes so that it reaches opacity to a height Fort Myers Court Reporting �M�� scheduling@fnireporting.com 239-334-1411 Packet Pg. 584 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 2.2 133 14 15 16 i7 18 19 20 21 22 23 24 25 85 of six feet within two years. If you're looking 1 1 down it on, that's not going to change that. 2 MR. 14YER: I understand that.. I'm just saying 3 from a fact, using that -- going to the park, we've 4 never ever had a parking prob=em, okay? 5 MR, MULHERE: No, I got that. Yeah, I made a 6 note of that, yeah. 7 MR. MYER: Okay. 8 MR. MJLHERE: Thank you. 9 MR, MYER: And then, secondly, the entrance to 10 the clubhouse on Wiggins Pass Road, is that 11 directly across the entrance to Wiggins Bay? 12 MS. BISHOP: No. 13 MR. MYER: Where is it on Wiggins Pass Road in 14 relation to the entrance to Wiggins Bay? 15 MS. BISHOP: It would be west of Wiggins Bay 16 entrance. --t's -- I split the difference between 2.7 those two roads on the south. 18 MR, MULHERE: Can you so that exhibit on the 19 screen? 20 MR. MYER: I do. And can you show me where 21 the entrance is to Wiggins Bay and then where the 22 entrance -- 23 MR. MU HERE: Is that it? 24 MS. BISHOP: No, next one to the left. My 25 87 county would put in, you ]moo;, a gate, just like a 1 lot of residential places have, that limits the 2 hours that people can access it. 3 MS. BISHOP: The county parks have specific 4 hours of operation. They close Lhose parks 5 specifically when they're supposed to he. 6 MR. MYER: Okay. Well, just so you know, 7 we've seen people park RVs once in a while out in 8 that lot now, which is undeveloped, and so they -- 9 if they see a parking lot, they might really want 10 to park their RV there for a period of time, 1- MS. BISHOP: If you see anyone parking there, 12 you're welcome to call me, and I'll take care of it 13 immediately. 14 MR. MYER: Well, I don't have your name or 15 number, but if you'd -- 16 MS. BISHOP: I am Caren Bishop. 17 MR, MYER: I'd love to have it. Thank you. 18 MR, MOLHERE: Thank you. 19 MR. MYER: Thank you. 2.0 MR. MORA: Jared. 21 MR. 14[ILHERE: Jerry [sic] . Jerry, if you 22 unmute, 23 MR. PETERSON: Okay. Jared Peterson, Tarpon 24 Cove. 25 "kCk 07/14/2022 86 left. Yes. MR. MU-EERE: Okay. So right there. And then this is the entrance to the clubhouse. MS. BISHOP: Right. MR. MYER: Okay. So people coming out of Wiggins Bay, which is a pretty big development, as you guys know, will he turning right or left, and then if they turn right, there cou=d be people turning immediately left into the -- into the clubhouse; is that correct? MR. MULHERE: Yes. I mean, they'll have to wait until they have the opportunity to make a safe turn. MR. MYER: Okay. And then just going back to the parking lot, one space, who monitors that? I mean, can people pull. in in campers in there and park for a period of time? What's the limits on the parking in that 100 spaces? MR. MUUIERE: Well, the county would regulate that just as they regulate all of their parks. So I would expect, if it was to go forward as a donation to the county for parking in support of the Cocohatchee Park across the street, I would imagine that if the county heard from residents that they wanted to make sure that was secured, the 88 MR. M[n,ur:RE: Hi, Jared, MR. PETERSON: A question, so the golf course construction you said is scheduled to start next year. When will the engineer drawings be ready? You said you're working on those. MR. MULHERE: Yeah, to be submitted to the county. MS. BISHOP: I just got the golf course architect's last week. It's probably going to take my engineers a good six weeks to finish their plans. So submittals won't get to the county probably till the end of August, to the county and to the state. MR. MULHERE: So a couple months. MR. PETERSON: Will that show the landscaping, the net size, the garbage, where all that stuff's going to be, or can you make it so that it will show that so we can have an idea of more -- instead of verbal, you know, back and forth as to where these things are really going to be? MS. BISHOP: I can provide you with a set of plans. Typically, I don't believe the nets are on those plans. MR. MULHERE: Nor is the clubhouse, typically. MS. BISHOP: Right, so -- but we will have the I, oil Myers Court Reporting scheduling@fmreporting.com 239-334-1411 Packet Pg. 585 9.A.1.g Cocchatchee Bay PUD Amendment 89 1 clubhouse on the district plans. I'll have that on 1 2 there. But I can certainly provide you -- if you 2 3 send the email so I have access to who you are, 3 4 then I will happily send you a set of plans as they 4 5 go, and as soon as I have the information on the 5 6 nets, I will absolutely send that with it. 6 7 MR. M=iERE: And if I could add, Jared, with 7 8 respect to something like the height of the nets, 8 9 when we have that information, we distribute it, or 9 10 the distance of separation, exact distance there, 10 11 or what type of landscaping might go in there. You 11 12 know, when we -- when we commit to that, we can -2 13 make that a commitment so that it is in writing, so 13 14 I just -- 14 15 MS. BISHOP: Right, but I want to also make 15 16 clear, too, the plans I submit to the county, the 16 17 landscaping on those are what's our buffer I7 18 landscaping. There really isn't any additional 18 19 landscaping. We would do extra landscaping on the 19 20 course Lhat is not regulated by the county. So I 20 21 will prov_.de you -- when I have that plan, which 21 22 will came later, I will also give you that plan. 22 23 MR. MULHERE: That's what we need, yeah. 24 MS, BISHOP: Right. �21 24 25 W_ PETERSON: Sc the plan would show what 25 91 1 MR. PETERSON: Yep. 1 2 MR. MULHERE: Send me an email. I'll have 2 3 your email, I'll forward it to Karen. We'll send 5 4 the plans to you. 4 5 NR. PETERSON: Okay. And then with the regard 5 6 to the essential services, so is the firehouse -- 6 7 is that being proposed as part of an accommodation 7 8 with th:i.s is, or is this - 8 9 MR, MULHERE; No. 9 10 MR. PETERSON: -- a new proposal, or where is 10 11 that coming from? 11 12 Na, MULHERE; Well, the fire district is 12 13 looking for another location for a firehouse. 13 14 They're always looking. Again, they look at -- 14 15 they look at -- a part of what they do for their 15 16 long-range planninc is to look at the amount of 16 17 time it Lake on average to get to a call. And as 17 18 that number grows higher, they are then -- there 18 19 are several ways that it could be reduced. A new 19 20 road might reduce it, but often it's a new 20 21 firehouse. 21 22 They're independent districts, they're 22 23 elected, and they make their min decisions. So, 23 24 you know, I'm assuming -- but I'll defer to 24 25 Karen -- 'hat the fire district expressed an 25 "Ack 07/14/2022 90 buffer landscaping's going to be; in other words: MS. BISHOP: Yes, sir. MR. MULHEP.E: Yes. MR. PETERSON: Okay, Is there a way to post that on the website, or when would be the next time people would see that? Would it be at the meeting with the County Commissioners next time people see it or -- if they don't request it, or -- MR. MULHER2: No. MR. PETERSON: -- when will they see it? MR. MULHERE: No, no. MR. YOVA14OVICH: We should have it, Bob, on the schedule by the tire we go to the Board. MR. PETERSON: Can you post it on the website? MS. BISHOP: The plans will be -- I can certainly send you a set of plans. They'll be submitted to the county by the end of August. That's a public website. You'll be able to pull the plans off the county site, but I can send them to you, MR. MOLHERE: Hold on. I had -- let me give you an email that you could write down, and then you can email me, and I will send it to Karen. Do you see that email there, neighbonccodmeetir_ge,hmeng.com? 92 interest in that location. NIS, BISHOP: They did, but the other thing everyone needs to remember is that the Fire Department, you know, they're not needed until all the houses are there. So, unfortunately, what happens is they come in after everybody else is. So their choices of property are limited, and -- MR. MULHERE; Yeah. MS. BISHOP: -- so this area is underserved for their needs, and that's why they're looking for :.his parcel. MR. PETERSON: So that's not anything that's set in stone there. That's being proposed as part of your proposal to gain more units in the -- MR. MU SERE: Yes. MR. PETERSON: -- building? MR.. MULBERE: Yes, that's correct. MR. PETERSON: All right. And then I guess just a comment about that, I mean, you've got all the new buyers down by the water, but then_ you know you're putting this firehouse right behind people's houses where they're going to be hearing this all hours of the night. It just doesn't seem like a good plan to me, but... MR. MULHERE: I understand that. They want Fort Myers Court Reporting scheduling@finreporting.com 239-334-1411 Packet Pg. 586 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1B 15 20 21 22 23 2.4 25 1 2 3 4 5 6 7 B 9 iC 11 12 13 I4 15 16 17 18 19 <0 21 22 23 24 25 93 direct access to Tamiami Trail, so... 1 MS. BISHOP: There's no more land. 2 MR. PETERSON: Okay. Thank you, everybody. 3 M2. MORA: David. 4 MR. M=RE: Thank you, Jared. 5 David's iPhone. 6 MR. BABCOCK: Thank you. Can you hear me 7 okay? 8 M2. MULHERE: Yes, we can. Thank you. 9 MR. BABCOCK: Dave Babcock, Tarpon Cove. 10 Thank you, everybody, for your time this evening. 11 I know these things can be challenging. I 12 appreciate your time. 13 r,R. MULHERE: Thank you. 14 MR, BABCOCK: A question with regards to golf 15 course access off of Wiggins Pass. So the way I 16 understand it, if you're coming from 41 and you're 17 going to the golf course, you're going to take a 18 right into the golf club, If you're more likely, 19 probably, coming from your residence with v.hatever 20 guests you might have, or maybe you're meeting 21 guests and you're coming from Kalea Bay, you're 22 coming frc,,n Vanderbilt Drive, which means you'll be 23 going left; off of Wiggins into the golf club. 24 Is there any plans currently to modify Wiggins 25 95 people that are going into, like, Wiggins Bay or 1 the Tarpon Cove Club. It's mostly two-lane 2 highway, but there is a little cutout for people 3 going left from 41 currently, So are you just 4 going to extend that, or how are you going to -- 5 because I heard somebody say that the turn into the 6 golf club is going to be adjacent to the turn to 7 Tarpon Cove club. Maybe I misunderstood that. I 8 apologize. 9 MR. MULRERE: Let me let Norm speak to that. 10 He's our traffic engineer. 11 MR. TPE21LCOCK: Hi. Yes, my name is Norm 12 Trebilcock. 13 And so what Karen had mentioned is that we've 14 put in a left -turn lane. Part of the reason, by 15 putting the access in between is that it gives room 16 enough to he able to put a left turn in so that it 17 wouldn't interfere with the other turns for the 18 other folks. So that whcle area would make sure we 19 have a left -turn lane in. 2C We will evaluate whether or not we meet the 21 warrar_ts for a right -turn lane, but it's not 22 likely. Because like you had said, most of the 23 traffic would be coming from Kalea Bay so more 24 folks would be making a left -in. 25 F-NkCt 07/14/2022 94 Pass in any way to accommodate that, or are the plans to keep Wiggins the same? MS. BISHOP: We're going to have a turn lane. MR. MULHERE: Yeah. MS. BISHOP: So that's the modification. We'll have a dedicated turn lane into that entrance. MR. MULHERE: So that -- I'm sorry. Go ahead. MR. BABCOCK: My apologies. MR. MULHERE: No, that's all right. Co ahead. MR, BABCOCK: When you say a turn lane, 1 assume you mear_ a right-hand turn lane if you're coming from 41? MS. BISHOP: Left-hand turr. lane if you're coming from our project, and we will have the -- I don't know that we have a right-hand turn lane. No right-hand turn lane, but a left-hand turn lane into the project coming from Vanderbilt Drive. MR. MULHERE: Heading westbound. MS. BISHOP: Correct. No, heading east. MR. MULHERE; Heading eastbound, got it. NIS. BISHOP: Right, eastbound. MR. MULHERE: Sorry, MR. 3AB000K: Gotcha. So there currently is a little bit of a turn lane there currently for 96 MR. BABCOCK: Gotcha. Yeah, that's what = was trying to understand, because that's such a small strip right now. I was wondering if that was going to kind of make for a kind of sticky situation on an already very busy, you know, strip of road there. Where people are trying to turn left, they can't get into that lane because someone's trying to turn right in the golf club, and it sounds like you thought that through. Are you going to have to widen Wiggins to accommodate that turn lane or -- MR. TREBILCOCK: No, we wouldn't -- you wouldn't have additional through lanes, but what we'd have to do is improve the median condition so that folks can make the left -in, and then the other people can make their lefts as well. So the whole thing v.ould be kind of cleaned up in terms of the pavement conditions and everything like that, And then we would look at the right -turn lane, whether we need it, and if we did, we'd have to add that. But like I said, I don't think we will based on the numbers that I've looked at. KR. BABCOCK: Gotcha. Gotcha, Thank you for that. MR. TREBILOCCK: Yes, sir. Fort Myers Court Reporting scheduling@fiilreporting.com 239-334-1411 Packet Pg. 587 9.A.1.g Cocohatchee Bay PUD Amendment 97 i MR. BA13COCK: And I guess, just as a general 2 comment, in listening this evening, I think it's 3 safe to say everybody in attendance kind of agreed 4 that, you know, Wiggins, Vanderbilt Drive, are, you 5 know, already, you know, pretty congested roads, 6 We're looking at additional. capacity with the 7 additional tower at Kalea Bay. We're looking at 8 additional traffic capacity for the golf course 9 traffic and their guests. We're also looking at 10 additional capacity of adding a parking lot that's 11 going to draw, you know, visitors that maybe i2 otherwise wouldn't look to go there. 13 I know the mall is not completely built out. 14 That Lucky's Market is not in operation yet. So 15 when something goes in there, that's going to draw 16 more traffic to Wiggins, and now we're talking 17 emergency vehicles potentially whizzing up and down 18 there as well. Kind of a continent as a question is, 19 geez, what could go wrong, guys? I'm a little bit 20 nervous about that. 21 MR. MUL'-iERE: Thank you. 22 MR. RARCOCK: Yep. 23 MR. M=RE: Okay. Moving along, we have 24 Jonathan. if you would unmute yourself. 25 JONATHAN: Greetings to everybody. I'm. 99 i background traffic. This is the county's analysis. 2 They've already included everything in Cocohatchee 3 Bay except the additional 10 units that we're 4 asking for. 5 So their models incorporate all of that 6 traffic, and that's what they use, plus everything 7 else that's around there, as you indicated -- oh, 8 and the fire station. That's not included either. 9 But they use everything else to model those roads 10 and determine which roads need to be widened and 11 which ones don't. We have to provide them the 12 piecemeal information that relates to each project 13 that we work on so they can add that to their 14 model. 15 But go ahead, Norm, you probably having i6 something else to say. 17 JONATHAN: My concern, Norm, is there going to 16 be a light or not? I guess it seems 1_ke that 19 makes sense. If you're going to punt it to the 20 county, I agree, they control, but I'm just 21 wondering what your plans are and what you're going 22 to advocate for. 23 MR. T'REBILCCCK: Right. So, I mean, the 24 county -- what the county does is they really put 25 it on us in terms of, if you warrant a signal, then FNtak- 1 2 3 4 5 6 7 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 07/14/2022 98 following up on the -- can you hear me? MR. M[TLHER£',: Yeah, we can. JONATHAN: Thank you. I'm following up on the last gentleman's questions. As I see it, west to east, you've got the new parking let if that's approved, on Wiggins Pass Road, then you're goinq to have Wiggins Bay entrance, then you're going to have the new golf club entrance, then you're going to have Gulf Harbor Road to that little neighborhood to the south, and then you're going to have Tarpon Cove. If I heard the, was it Norm, indicate there's no plans to widen the road? And I didn't hear anything about traffic lights. What's going on with that? I think that's virtually impossible with those various entrances. No one will be ahle to go anywhere. It will be just a mess. MR. MERE: So a decision as to whether or not to widen that road is Collier County's decision. It is not some decision that we make. I do want to also say -- I'm. going to let Norm speak to the issue, but I just wanted to sort of say, look, the county has already included that C-3 parcel in their background traffic. They've already included the golf course in their 100 we have to build a sigr_al. But in these type of projects where -- the golf club would be a low generator of traffic in and of itself, so it wouldn't warrant, say, a signal or anything like that at that location. You may have some of the other developments that they'll look at over time and see if they need some improvements or something, but that's really -- ours is really a low generator. As Bob said, they look at that land use and see it over time being absorbed in there and it not being an issue as far as that goes. But, you know, to your point, there are intersections that they will look at in time and see, do we need to do something? And more and more that's where the ccunty's looking at other alternatives to a signal where they will look at, like, a roundabout or something like that, because that can handle a good volume of traffic and kind of slow some things down, but to also give them good capacity so people can get out there. But that's something that they evaluate. It's not really related to what we're doing here. But the key thing is for us to have the turn lanes and as such so people can get off the roadway Fort Myers Court Reporting scheduIing@fmreporting.com 239-334-1411 Packet Pg. 588 9.A.1.g Cocohatchee Bay PUD Amendment 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 --0 i9 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 :5 16 17 18 1.9 20 21 22 23 24 25 101 and not create more friction for through lanes and 1 stuff. So that's a key thing we have to do in what 2 we're doing. 3 MR, 14MMPE: Thank you, Norm. 4 Anything else? 5 (No response.) 6 MP. MULHERE: Okay. I have, it looks like, 7 two more folks with their hands up. 8 MR. MORA: Bob Perry. 9 MR. MULHERE: Bob Perry. Okay. Thank you. 10 1,F2. PEP.RY: Yeah, thank you. Bob Perry, 11 Emerald Bay. 12 My question relates to noise and -- what is 13 the distance from the proposed tower to the Emerald 14 Bay property? 15 MR, MULHERE: Tower to Emerald Ray? 16 MS. BISHOP; I'm not really sure. That's, 17 like, three projects north of us. 18 MR, MULHERE: I mean, I'm trying to pick -- I 19 can't find my presentation here now. Hut I think 20 it's quite some distance. I don't know the answer, 21 and I can't really - there it is. Thank you. 22 MS. BISHOP: It's, 'ike, 2,000 feet. 23 MIR, MULBEERF: Can you make that a little 24 125 bigger? Thank you. 103 We'll try. 1 MR. FOREST: The back feed, I think, from one 2 of your earlier callers is still coming through. 3 Is it better. now? 4 MR. MT'.J�ERE: It's a little better. Let me 5 came over to where the speaker is. Okay. 6 MR. FOREST: I think there's someone else 7 who's not unmuted [sic] from a previous caller. 8 MR. MULHERE: We can hear you now. 9 MR. FOREST: Okay. So I guess my question is, 10 to summarize what's in front of us, the real change 11 is adding the three floors to the tower -- 12 MR, MULHERE: Yep. 13 MR. FOREST: -- which, I think, you know, 14 based on the feedback from the group today, is 15 perceived as a detriment to the people in the 16 community, you have the additional stories. But we 17 understand that it's financially motivated by the 18 developer because there's profit to be -made by 19 those three stores -- stories, and the bargaining 20 chips, so to speak, are the developer donating land 21 for a fire station that the county is interested in 22 and also for parking spaces that potentially the 23 county is interested in. And both of those 24 projects, I think the feedback would be, are also 25 FNtCI 0711412022 102 MS. BISHOP: No, that's not it. MR. MULHERE: It keeps disappearing on me. Ms. BISHOP: I'll check Google Maps. MR_ MULflERE: Thank you. I have no idea. Can you take a look, Karen? MS. BISHOP: I'm. going to try Google Maps. MR. MULIIERE: She's going to try to Google it. It's quite a distance. But, anyway, what other comments or questions? MR. PERRY: I think that's it for me. MR, MULEFRE: okay. MR. PERRY: Thank you. MR. MULHERE: You know what, if you'll listen, when Karen has an answer, if she has an answer, I'll you know. Who's next? MR. DENIS: P. Forest. MR, MULHERE: Forest? MR. D NIS: Yes. MR. MULHF.RE: Okay. Forest, you can -- P. Forest -- oh, P. Forest. I'm sorry. If you can -- there you go. We should be able to hear you. MR. FOREST: Can you hear me now? MR. MULI-ERE: You're pretty low. I don't know if your volume -- your microphone's turned dawn. 104 1 viewed as a detriment to the people in the surrounding communities. So the developer is proposing something that is a detriment, and the two chips that they're using to sway the county to approve the thing are also a detriment to the surrounding community members. And the question that I have is, is the donation of that property for the fire station and the parking lot, proposed fire station and proposed parking lot, is that contingent upon the county approving the additional three stories? NE2. MUI14ERE: Well, we have companion items, you know, so amending the settlement agreement will be a companion to the zoning. Sc I'm not saying that -- look, I don't know that they're contingent upon one another, but they're going to be heard at the same time. So if one doesn't get approved, it's unlikely the other one will get approved. If one does get approved, then it's likely the other one will get approved. You did miss one other item, the 10 units. MR. YOVANOVICH: He sa_d that. MR, MULHERE: Oh, then I missed it. Okay. But I don't know if I answered your question, but I think what you're saying -- Port Myers Court Reporting scheduling@finireporting.coln 239-334-1411 Packet Pg. 589 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 105 1,1R. FOREST: Well, not really. I guess -- I understand there are three different -- they're being heard at the same time, but it the county refuses to amend the agreement to allow the additional stories, is the developer going to withdraw their offer to provide the additional parcels? MR. 14ULHERE: I can't categorically answer that. I don't know. We'll have to see if the county's still interested, I really don't know. I mean, I can't give you -- MR. FOREST: I think -- VR. MULUERE: I can't give you an answer, because I don't know, MR. FOREST: I think we have an arswer. I think we have an answer. MR. MULHERE: Okay. Oh, .4 miles was the distance to -- what was the name of the other -- MS. BISHOP: Emerald nay. NCR. MULFERE: Emerald Bay. Yeah, so .4. A little less than half a mile. I'm sorry. Mr. Forest, if you had anything else, you're still on. (No response.) MR, MULHEREz Anybody else? No. Okay, So I 107 07/14/2022 106 1 know there's a couple other people who want to 2 speak here, and then we're going to wrap this up. 3 It's almost two hours, so... 4 MS. MEEHAN: I just have one quick thing. 5 It's Pamela Meehan again. 6 People keep mentioning the fire station as 7 bei.na loud and, you know, will devalue their house. 8 I live beside the fire station on Vanderbilt Drive, 9 North Collier. They're very respectful of their 10 noise. They don't make any. When the trucks pull 11 out, they pull out quietly. They don't put on 12 their siren until they're out on Vanderbilt Drive. 13 So I just want to reassure people that having a 14 fire station in the backyard is not such an awful i5 thing. 16 MR. 14ULLERF: There are a lot of benefits to 17 that. Thank you. 18 Doug, I know you already had about 20 minutes, 19 so come on back up. 2C MR. FEE: I'll try to be brief. roug Fee 21 again. 22 MR. MC7LHERE: Yeah. 23 MR. FEE: In the settlement agreement, it says 24 three Site Development Plans are identified, 25 AR5282, 83, and 84. The clubhouse on the golf 1 course, that was originally up in the corner - 2 closest to the spit of land that goes out to 41, 2 3 and that is where the maintenance shed was. It's 3 4 been moved. There's a road. You talked about a 4 5 gate from the fire station. Is that what I'm 5 6 seeing where the pipes -- what is that -- 6 7 MR, MULEiERE: It.'s like right here 7 8 (indicating). a 9 MR, FEE: From there all the way to the main 9 10 golf course there seems to he a road. 10 11 MR. MULHERE: There's a driveway. 11 12 MR, FEE: There's a driveway. 12 13 MR. MULHERE; Yep. 13 14 MR. FEE: Okay. So that driveway will be used 14 15 by whom? 15 16 MS. BISHOP: Okay. Let me explain what that 16 17 driveway i.s. First of all, it's not going to he 17 18 paved past where that skinny piece ends. It's 18 19 going to stop paving. Then what's going to happen 19 20 is it's going to he stabilized subgrade. So it's a 20 21 stabilized area that gives emergency access to the 21 22 clubhcuse just in case there's any issue for our 22 23 entrance. if, like, there's a big accident on 23 24 Wiggins Pass or something, that gives us emergency 24 25 access out of the clubhouse. But it's stabilized. 25 FWA- 106 So it's not a road. It's not paved. Bob, I gave you a cross-section, a sheet with a cross-section on it, But, essentially, it's 50 feet, 25 in the range. But it's stabilized grass. It is not paved. MR. FEE: What's the width of it? MS. BISHOP: Twenty-five feet, I believe. MR. FEE: It's a dual lane, of course? MS. BISHOP: No, it's grass, It's a stabilized -- MR, FEE: Two lanes. MS. BISHOP: It's a stabilized area. Well, if a fire truck needs to get in there, it's a stabilized area for traffic, but it's not intended to be two-way. It's established as a -- just as an emergency access, period. So it's just -- MR. FEE: Which was always there, right? Is that -- MS, BISHOP: Well, no. MR, FEE: -- in your Site Development Plans? MS. BISHOP: Well, no. Before we were approaching the development of the golf course differently, so it's just a different approach of the golf course. We're still going to utilize part of that drive for big things we have to bring in. Fort Myers Court Reporting sclieduling@fmreporting.eom 239-334-1411 Packet Pg. 590 9.A.1.g Cocohatchee Bay PUD Amendment 109 1 :So if we're bringing in a big truck of sand or. 1 2 something, then we'll come in that drive to drop it 2 3 on the golf course. 3 4 MR, FiE Is that a change to the Site 4 5 Development Plans which were approved in the 5 6 settlement agreement? 6 7 MS, BISHOP. It will he modified from that 7 8 plan, I mean, but it's similar. It's not -- it's 8 9 going to be aligned on the north side. It's 9 10 24 feet, but it's only going to -- it's strictly 10 ].I. going to be for golf course. It's net going to 11 12 be -- since there is no, actually, workforce 12 13 housing anymore -- because, remember, at twat point 13 14 there were other things that were going to be up 14 15 there. Those aren't going to be there anymore, so 15 16 it's only going to serve the golf course itself, 16 17 MR. FEE: Will the members of the golf course 17 18 be able to leave through that exit? 18 19 MS. BISHOP: No. 19 20 MR. FEE: How will you stop them? A gate? 20 21 MS. BISHOP: First of all, they're coding in 21 22 and out of this club. That is only going to -- 22 23 it's a grassed area behind the club that it's top 23 24 secret. No one's going Lc see it because it's 24 25 grass. 25 111 1 period. 1 2 MS. BISHOP: It's not. 2 3 MR. FEE: Okay. And is there already a road 3 4 in these Site Development Plans in that spit of 4 5 land? 5 6 MS. BISHOP: I think originally we did shoe:, 6 7 but it had a cur -de -sac that stopped. As a matter 7 6 of fact, you can kind of see where the cul-de-sac e 9 sits up there with the big -- where the big piece 9 10 of golf course ends and the little -- you know, the 10 11 little pork chop is. There's a little cul-de-sac. 17. 12 That's it. So it always ended right there. 12 13 MR, FEE: That's where the maintenance 13 14 building used to be? 14 15 MS. BISHOP: Close to there, right. 15 16 `4R. FEE: And that's what's in the Site 16 17 Development Plan if you go to the county? 17 18 ME. BISHOP: The maintenance facility wasn't 18 19 shown on there at that time. Well, it might have 19 20 been, actually version. 20 21 MR. FEE: Because remember, the settlement, 21 22 you guys wanted to make sure those Site Development 22 23 Plans got approved, so they're approved. But I 23 24 just wondered if in that area it's already 24 25 permitted and, you know, everything's able to go 25 FTkC�- 07/14/2022 110 MR. FEE: I got it. MS. BISHOP: So there is no way for anyone to access that. It is not a public thoroughfare. MR. FEE: So it's wide enough to be a road, and you will have things coming in and out? MS. BISHOP: No. MR. FEE: How you will stop your members? MS. BISHOP: No. No. Doug. MR. FEE: No? MS. BISHOP: No. Doug, please, We have one entrance for our members coming in and out, That's intended to be emergency access just in case there's something that happens that we can't get out this entrance. MR, FEE: So there will be a gate that will not let the public go through there? MS. BISHOP: The gate is going to be up at the north end right -- just on the other side of where the fire station's going to be. It's not going to be paved past that area. It's going to be -- where the straight is, all this is grass. So it's not going to be identified for anyone to know this is a way you get out. MR, FEE: Okay. KR. MUL , : It's not going to he a road, 112 forward. MS. BISHOP; We've done permits, yeah, and we have the ability to move forward. These plans, though, this particular plan has not been approved. We're going to go modify the plans that exist for this project. The modification will be as you see, which is a road that stons at the end here, and then a stabilized subgrade grassed area that is top secret that will go down. It's just there just in case I need it some day in the future. But it is not a thoroughfare. it is not access. MR. FEE: And Tarpon Cove has a preserve -- I believe you -all show on your master plan a preserve as well in that snit; am I wrong about that? MS. BISHOP: I don't think so. MR. MULHERE: Not in there. MS. BISHOP: The preserve is right there. MR. FEE: There's no preserve there? MS. BISHOP: No, preserve is -- MR. FEE: Up in this spit? MS. BISHOP: Yeah. MR. MERE: It's right here. MS. BISHOP: Right. You can see on the plan there is no preserve there. MR. FEE: Nothing going out? Fort Myers Court Reporting scheduling@fmreporting.com 239-334-1411 Packet Pg. 591 9.A.1.g Cocohatchee Bay PUD Amendment 113 1 MS. BISHOP: Mope. 1 2 1,R. FEE: So -- 2 3 MS, BISHCP: None. 3 4 MR, FEE: So you are already permitted to go 4 5 through there? You don't have to go through some 5 6 of the agencies, the Water Management -- 6 1 MS. BISHOP: No. 7 B MR. FEE: -- to build that road? 8 9 MS. BISHOP: No, I don't. I'm going to have 9 10 to modify my permits for them, but I've already 10 11 been permitted for that road from all the agencies. 11 12 MR. FEE: Okay. I jdst wandered if that was 12 13 something that you had to go _- you had a 13 14 challenge. 14 15 MS, BISHOP: No, because you see those big 15 16 pipes in there? we also have to bring in a lot of 16 17 offsite drainage. So some of the --- when we 17 18 finally build this stuff here, it's going to 18 19 alleviate a lot of drainage to the north because 19 20 it's going to go through our project. 20 21 MR. FEE: And have you asked the county to 21 22 vacate the 100 feet in the PUD, the 22 23 transportation -- 23 24 MS, BISHOP: It doesn't need to be vacated 24 25 because it's not platted or dedicated, It just 25 115 1 MS. BISHOP: -- not going to be an easy thing 1 2 to permit, in my humble opinion. 2 3 MR. FE3: Well, that's really my duestion. 3 4 Did you already get permitted to do your road all 4 5 the way down -- and if so -- to your clubhouse? I 5 6 don't know where the easements are. 6 7 MS, BISHOP: Okay. You're mixing the two 7 8 uses. The main drag -- first of all, that 8 9 east/west Livingston Road future whatever that's 9 10 going to be, that has nothing to do with us at a11. 10 11 All we did was leave that reservation on our 11 12 tuning. If the county wants that road, they're 12 13 going to have to come and take it or buy it, and 13 14 they're going to have to permit it. We're not 14 15 doing any of that. It is not party to anything 15 16 we're doing. 16 17 MR. FEE: Is there any easement on it now 17 18 MS. BISHOP: No, none. 18 19 MR. FEE: -- do you know? You have no idea if 19 20 there is? 20 21 MS. BISHOP: No, I know. There is none. 21 22 MR. PER: There is none. 22 23 MS, BISHOP: There is none. 23 24 MR. FEE: My questioning is making sure that 24 25 we still have that reservation and that doesn't go 25 F-NkoI - 07/14/2022 114 shows on the plan. MR. FEE: You have not asked the county? MR. MULHERE: It's not -- they don't owr, it. MS. BISHOP: The county doesn't own it. MR. FEE: The reservation in the PUD today -- MR. MULHERE: It's a reservation. MR. FEE: -- as well as on the north side :�o Glen Eden, I think it's 67 in their PUD and 100 in yours. MS. BISHOP: A hundred and -- yeah, a hundred in ours. MR. FEE: So you have not asked to vacate that commitment, right? That's still there? MR, YjOT ,F.; I'm just having trouble with the term "vacate." You can't vacate something that's already -- not even dedicated to the public, okay. So it's not a vacation. It's a reservation. MR. FEE: And the reason why I'm asking is, if in the future there was ever a need for. Veterans Memorial to go through to Vanderbilt Drive, that reservation's still there, It's not going away, correct? MS. BISHOP: Yeah, it's still there, but it's -- MR. MUL ERE: It's still there. 1.16 1 away. MS. BISHOP: No. The reservation is still there. MR. FEE: Okay. MS_ BISHOP: But it's not been -- there is no easement. The county's not come to me and said they need it. And if you look at the alignment on the other side of 41, the chances of that happening, pretty slim to none, if you ask me, because of the way it's built. There's not -- MR. FEE: Well, they're going to have six lanes at the Mercedes dealership, six lanes. So it will -- it can go forward. MR. YOVANOVICH: Doug, she's already told you the reservation's there. MR. FEE: Okay. MR. YCVANOVICH: Okay? So we don't need to design the road. Okay. MR. FEE: Because you already have the ability to -- MR. YOV,MCVTCH: The reservation's there. MR. FEE: -- permit it? MS. BISHOP: No. The county's going to permit it. MR. YOVANOVICH: The county's doing it. They Fort Myers Court Reporting schedulingC&,firrreporting.eom 239-334-1411 Packet Pg. 592 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 117 asked us to reserve the land. 1 MS, BISHOP: Right. 2 MR. FEE: But it would be in your Site 3 Development Plan. 4 THE COURT REPORTER: Yr. Fee, please, one at a 5 time. 6 MS. BISHOP: No, no, Doug. `/ MR. YOWANOVICH: I'm sorry. The reservation 8 is there. The county will build the road. 9 MS, BISHOP: My drive not in that corridor. 10 My drive has nothing to do with that future 11 right-of-way. 12 MR. MULHERE: I have at least -- 13 MR. FEE: Oh, I see, It's only on your land? 14 MS, BISHOP: Right. 15 MR. MULHERE: I still have a couple more 16 people that want to MR, MORA: Phoebe. 18 MR. B=-RE: Phoebe, but it doesn't look like 19 a Phoebe. But it's Bryzgalski. It's Bryzgalski. 20 I probably killed it, but... 21 MR. BRYGALSKI: It's William Bryzgalsk.i. Can 22 you hear me? 23 MR. MULHERE: Yeah, we can hear you. 24 MR. BRYGALSKI: Yea.:. I'm the president of 25 11.9 around and comes in off of Wiggins Pass Road. So 1 I'm not quite sure how that's going to work out. 2 Right now it's not looking good for that underpass. 3 MR. BRYGALSKI: Okay. The other thing is one 4 of our -- one of my residents were there earlier, 5 David Cressy, regarding the maintenance area. We 6 would lore to work with you on that. My concern is 7 my neighbors on Juniper Point and Satin Leaf 6 hearing -he machines start up in the morning at 9 6:00 or 5:30. So I was hoping that we could work 10 together with a buffer or something on that back, 11 as I thin'{ you stated earlier, and I applaud you 12 for that, is having that garage doors face south so 13 there's not really a lot of noise coming to the 14 northern section of that. That would be great. 15 MS, BISHOP: Yes, sir. 16 MR. BRYGALSKI: The other thing that I look at 17 is also -- again, this is probably on the county. 18 We have a nice 10-foot-wide walkway, which numerous 19 people from Kalea Bay plus Glen Eden on the Lakes, 20 Audubon, Arbor Trace, they use that walkway. We 21 live on the east side of Vanderbilt, so traffic is 22 quite a nightmare trying to get across sometimes. 23 So hopefu-ly the county will look at the 24 possibility of a pedestrian crossing either with 25 "t"_ 07/14/2022 118 Glen Eden on the Lakes Association, and I have a couple questions. Number one, the underpass on Vanderbilt, is that going to be utilized going from Kalea Bay to the golf course? MS. BISHOP: Well, unfortunately, I don't -- MR. BRYGALSKI: Because on your drawings, it really doesn't show any kind of roadway coming out, or pathway. MR. MULHERE: Let me let Karen answer that. MS. BISHOP: Unfortunately, I don't think that that underpass is going to be utilized. We're looking at what to do with it now. When we had this done originally, we were coming in the golf course a different way. But we also -- if you can notice on there, we have an eagle tree there now. So, you know, we have some issues that we have to deal with. And the alignment now is -- because of the environmental issues, doesn't work for us at this point. I mean, I want to use it because I think we spent over a million bucks building that thing. So I like to use it, but so far the only way it appears that I'm going to be able to utilize it is if I build a sidewalk that goes all the way 120 the flashing lights that you could hit to light up something so people could get across there. Believe me, I'm a retired fire chief out of Illinois for 40 years. I've dealt with many deaths at pedestrian crossings, so I know what you guys would have to go through, but I think that's something that people have to look at. MR. MUi,IiK''RE: That's a good point, and we've made note of it. Thank you. MR. BRYGALSKI: The second thing, there are no sidewalks, we're talking about Wiggins Pass. I know there was some signs this past year regarding sidewalk building. I know that's not on your side, but with the county, I think -- right now I think we're lucky if that path -- that asphalt pathway is only maybe three feet wide. I th-nk the county needs to look at that and put some type of sidewalks in there, and I think that would be a good thing. And as far as your par'.cing, I )mow a lot of people are opposed to your parking area in that C 3. One of the things I noticed -- because I'm a boater. I don't launch at that park all the time, but we do have a lot of boat parking trailers parked during the season on the sides of the road. Fort Myers Court Reporting schedu ling@ftreporting. corn 239-334-1411 Packet Pg. 593 9.A.1.g Cocohatchee Bay PUS Amendment 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 1.7 18 19 2.0 21 22 23 24 25 1 2 3 4 5 6 8 9 10 11 =2 13 14 15 16 17 18 19 20 21 22 23 24 25 121 So I could see the need for the parking, but I 1 think it has to he for boat -- you know, for the 2 boats to park. And I know the one gentleman talked 3 about, you ]mow, campers in there and stuff, but I 4 think the county could probably, you know, police 5 that to where there's not parking overnight and 6 they have to deal with that as far as on -- the 7 condos at Horse Creek and stuff like that. 8 MR. MULHERF.: Thank you. 9 1,2. BRYGALSKI: But, again, we are here as 10 your neignhors and hopefully that we can work 11 through this thing and go forward. And I hope -- I i2 will be sending you some emails with some other 13 list of things that I'd like to address to you. 14 Thank you. 15 MR, MULHERE: Thank you. Thank you very much. 16 MS. BISHOP: Thank you, sir. 17 MR. MULHERE: Is there anyone who hasn't 18 already spoken who would like to speak? 19 MR, LAMBERT: Just q'aickly, quickly. My 20 name's Bill Lambert. I'm the president of the 21 homec.vners association at Falling Waters North 22 Preserve. We're just north of the firehouse, 23 basically. 24 The maintenance building was a concern of our 25 123 MS. BISHOP: So our building, Gray Fox Run, we 1 have -- our front building is right there. And, 2 obviously, the lady just commented about the noise 3 not being so bad but, you know, more sirens close 4 at nicht -- there's a lot of sirens on 4- already, 5 and those would be much closer. So that would be 6 the main concern of our residents at this point. 7 [�R. MULHERE: Thank you. 8 MR. MORA: Chip. 9 MR. MULHERE: Chip? 10 MR. KACZYNSKI: Yes, hello. Can you hear me? 11 MR. MULHERE: Yes. 12 MR, KACZYNSKI: Thank you, sir. I just wanted 13 to just confirm a couple of things, that your 14 development is not going to be involved in the 15 widening of either Vanderbilt Drive or Wiggins Pass 16 Road; is that correct? 17 MR, =RRE: That's correct. 18 MR. KACZYNSKI: Is that the county's 19 responsibility? 20 MR, MULHERE: Yes, that's correct. 21 MR, KACZYNSKL Okay. Do you have any 22 information that you can provide as to their 23 intentions of widening or aay kind of 24 infrastructure improvements? 25 "TIR, 07/14/2022 122 residents when it was in its old location but not anymore, so that's good. But as far as the firehouse, the proximity of that to our property looks pretty close. Now, you don't really show us much -- you know, you don't show where our buildings are very well. MR. MULHERE: They're east, on the other side of 41, right? MS. BISHOP: No, he's on the north -- MR. LAMBERT: No, we're just right north of it. MR. MOLHERE: Okay. MR. LAMBERT: If you bring up the picture of the firehouse, the drawing. MR. MULHERE: All righty. MS. BISHOP: Just go to an aerial. MR. MULHLRE: Well -- there we go. Thank you. I'm looking for something that gives us enough of a view. MS, BISHOP: There, MR. MULHERE: So -- MS, BISHOP: Yes. MR. MULF:ERE: -- you're up in here? MR. LAMBERT: Yeah. MR. MULHERE: Yeah. 124 MR, MULHERE: I don't. You could -- you could either look on the Collier County Transportation Planning, planninc -- Transportation Planning wehsite. They do have a lot of that information on there. If you want to email me at that email address that I put up on the screen -- I don't know if you got it -- you know, I can provide you at least with the link to that, you know. MR, KACZYNSKI: Okay. Yeah. I would appreciate that. No, I did not get that. MR. MULHERE: Okay. So let me give you that real quick, and I'm going back to that. Just give me a second. I'll give you that email. One second. We're almost there. MR. KACZYNSKI: I live right across the street. NCR. MULHERE: So you can see that email in blue on the screen, neighbormeetinq@hmeng.com.? MR. KACZYNSKI.: Yes, s_r, I have that. Okay. MR. MULEERE: Yeah. Send me an email but remind me what you're asking for. I get 100 a day, so thank you. More than that. MR. KACZYNSKI: Okay, great. I appreciate that. And one last thing. MR. MU=, F: Yes. Fort Myers Court Reporting schedialilig@fnii-oporting.com 239-334-1411 Packet Pg. 594 9.A.1.g Cocohatchee Bay PUD Amendment 07I1412D22 125 126 1 MR, KACZYNSKI: The access to the golf club, I 1 MS, BISHOP: Yes, sir. 2 m_ght have missed this, so I apologize. 2 MR. MU11 E:RE: Okay. The last speaker we 3 MR, MULHERE: That's all right. 3 have -- I appreciate everybody participating -- 4 MR. YICZYNSKI: But from the residences, is 4 is -- I think he already spoken once, but Bob 5 there -- and I heard somehody just -- previously 5 Perry, If you want to unmute, we'll take your last 6 just ask about is there going to be some type of 6 comment. 7 golf cart access under VanderbilL Drive or some way 7 MR, PERRY: Yeah. Thanks for taking my second 8 to get there other than Wiggins Pass Road. 8 question. 9 MS. BISHOP: Well, it's unfortunate, but it 9 My quest -on also relates to the golf course. 10 appears to be a failed experience putting that in 10 I'm wondering the relationship between the entrance 11 there. I don't know that we're going to be able to 11 to the golf course and the guardhouse at Princeton 12 utilize it. So we're sziill looking at how to 12 Place. 7-3 figure out how to incorporate that. But like you 13 MR_ MULHERE: I don't know. Where is that 14 said, once you get to the east side, I have 14 on -- I mean, obviously it's on Wiggins Pass, but 15 preserves along that area, so it makes it difficult 15 whereabouts? 16 to access. So if I do put something in, I have to 16 MS. BISHOP: Princeton Place, is that the 17 build a pathway all the way around the property to 17 entrance into Wiggins Bay? 18 get to the entrance of Wiggins if I do it that way. 18 UNIDENTIFIED MAJiE VOICE: Right at tarpon 19 W. KACZYNSKI: I'm sorry. I can barely hear 19 Cove. 20 you, but I would envision that it's a top-notch 20 MR. PERRY: Yeah, I don't know if I could 2_ property and that people would probably want to 21 describe it. 22 access the golf course via their own private golf 22 MS. BISHOP: Oh, it's at -argon Cove? 23 carts. If there was some way to get there other 23 UNIDENTIFIED MALE VOICF: Yes_ 24 than Wiggins Pass Road, I think that would be a 24 MS. BISHOP: We're significantly -- 25 benefit to everybody involved. 25 MR. MULL -ARE: Significantly west of that. _ _ — 127 128 1 MS. BISHOP: Correct. 1 MS. BISHOP: I believe it's 300 feet, but I'm 2 UNIDENTIFIED MALE VOICE: South. 2 not quite sure. I took the distance between the 3 MS, BISHOP: And west. 3 two roads and split it and aligned it there, so I 4 1,R. MULHERE: Well, you said -- did you say 4 th'_nk it's -- 5 the entrance to the golf course? 5 MR. MULHERE: So it's in the neighborhood of 6 UNIDENTIFIED MALE VOICE: Princeton Place. 6 30o feet. Again, if you want something exact, we 7 MR. PERRY: Yeah. The entrance to the golf 7 can send you the plan -- 8 course with relationship to the guardhouse at 9 MS. ➢ISHOP: Correct. 9 Princeton Place. 9 MR. MOLHERE: -- you know. 10 MR. MU -ERE: Well -- and my -- so is this -- 10 MR. PERRY: Okay. Three hundred feet which 11 is that this? No. Is that here? 11 way, closer to Kalea or towards the main highway? 12 UNIDENTIFIED MALE VOICE: Wiggins Bay. 12 MS. BISHOP: Closer to Taroon Cove. 13 MS. BISHOP: Yeah, Wiggins Bay, 13 MR. PERRY; Thank you. 14 UNIDENTIFIED MALE VOICE: Wiggins Bay. It's 14 MR. MULHERE: Okay. 15 the one across the street. 15 Okay. Thank you, everyone. And that 16 MR, MULHERE: Somebody's going to have to 16 concludes our neighborhood information meeting. we 17 point it out. Are we talking about .- 17 appreciate everyone, and feel free to email us with 18 MS. BISHOP: He's got it. He's got a laser. 18 any additional questions. Thank you. 19 pointer so you can see it. 19 (Proceedings concluded at 7:48 p.m.) 20 MR. MULHERE: Okay. Thank you. So I don't 20 21 know the answer to that, Karen. 21 22 MS. BISHOP: No, they're offset. 22 23 MR. MULHERE: Yeah, they're offset, that's for 23 24 sure. What the distance is, I don't know. Plus or 24 25 minus? 25 Fort layers Court Deporting F� scheduling(�),filireporttng.coni 239--334-141 1 Packet Pg. 595 9.A.1.g Cocohatchee Bay PUD Amendment 1 2 4 5 6 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 23 129 STATE OF FLORIDP. ) COUNTY CR COLLIER) I, Terri. L. Lewis, RPR, FPR-C, and Notary Public, do hereby certify that the foregoing Proceedings were taken before me at the date and place as stated in the caption hereto on Page 1 hereof; that the foregoing computer -assisted transcription, consisting of pages numbered 2 through 128, inclusive, is a true record of my Stenograph notes taken at said proceedings. Dated this 26th day of duly 2022. F'ACPI TERRI L. LEWIS, RPR, FPR-C Notary Public, State of Florida Cammission No! HH 125014 Commission Expires: August 23, 2025 Fort Myers Court Reporting scheduling@fnireporting.conl 07/14/2022 239-334-1411 Packet Pg. 596 M. HOLEMONTE ENGiNEFM51uNBSCRPE ARCHISECISIPLANNERS IMOMS 950 Fncorc Way • Naples, Florida 34110 •#'hone 219.254 2000 * Fax- 239.254.2099 June 29, 2022 Re: Cocohatchee Bay PUDA (PL-20220001142) HM Pile No. 2022.025 Dear Property Owner: Please be advised that Robert J. Mulhere, FAICF, President of Hole Montes, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich and Koester, F.A. on behalf of the property owner, have filed the following formal application with Collier County Growth Management: Cocohatchee Bay PUDA (PL-20220001142) An amendment to the Cocohatchee Say PUD to add 10 dwelling units, increasing the total from 590 to 600 dwelling units, increasing the building height of one building from 17 stories to 20 stories, and to add Essential Service uses within the Golf Course Tract. The project is located on both sides of Vanderbilt Drive, in the vicinity of the intersection of Vanderbilt Drive and Wiggins Pass Road, in Sections 8, 16, 17 and 20, Township 48S, Range 25E, Collier County, Florida. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this petition and ask questions. The Neighborhood Information Meeting will be held on Thursday, July 14, 2022 at 5:30 p.m. at Saint John the Evangelist Catholic Church, The Ballroom, 625111th Avenue North, Naples, FL 34108. Zoom is being provided as an option to those electing not to attend the meeting in person. However, if technical difficulties arise with Zoom, the technical difficulties will not be grounds to invalidate the meeting. If you would like to participate via Zoom or view a video of the meeting, please email us at Nei hborhoodNleetin hmen .com and we will send a link of the video. You may also email any comments or questions to Nei hborhoodMeetin u7hmen .com. Please reference Cocohatchee Bay PUDA in subject line. Very truly yours, HOLE MONTES, INC. Robert J. Mulhere, FAIGP President/CEO RJMlsek Packet Pg. 5 7 9.A.1.g PARTOFTHE USATOOAY NETWORK Published Daily Naples, FL 34110 HOLE MONIES ASSOCIATES INC 950 ENCORE WAY #200 NAPLES, FL 34110 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 6/29/2022 Subscribed and sworn to before on June 291h, 2022 atary' Tate o riunt , Crcwn My conin s or exhlres. C L.11 PUBLICATION COST: $1,008,00 AD NO. GC10905734 CUSTOMER NO: 530712 PiDk: PUBLIC NOTICE AD SIZE: DISPLAY AD NANC:Y HEYRMAN Notary Public State of Wisconsin Packet Pg. 598 9.A.1.g The public is invited to attend a neighborhood information meeting held by Robert J. Mulhere, FAICP, President/CEO of Hole Morales, Inc. and Richard D. Yovanovich, Esquire, of Coleman, Yovanovich and Koester, P.A. on behalf of the property owners at the following time and location: Thursday, July 14, 2022 at 5:30 p.m. Saint John the Evangelist Catholic Church, The Ballroom 625 111th Avenue North, Naples, FL 34108 The following formal application has been made to Collier County: Cocohatchee Bay PUDA (PL-20220001142) An amendment to the Cocohatchee Bay PUD to add 10 dwelling units, increasing the total from 590 to 600 dwelling units, increasing the building height of one building from 17 stories to 20 stories, and to add Essential Service uses within the Golf Course Tract. The project is located on both sides of Vanderbilt Drive, in the vicinity of the intersection of Vanderbilt Drive and Wiggins Pass Road, in Sections 8, 16, 17 and 20, Township 48S, Range 25E, Collier County, Florida. b,: r,Ts /f c� 4vlgcinb Pa9.6 Road A < y o r < a 41VhAve. ry unmokalacA04d Subject Site '" sa` Location Map 1 wp.t "4'w. ;d NOLEMONTES:•<<y3,=�-w� Cocohatchee Bay PUDA WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owners and Collier County staff. Zoom is being provided as an option to those electing not to attend the meeting in person. However, if technical difficulties arise with Zoom, the technical difficulties will not be grounds to invalidate the meeting. If you would like to participate via Zoom or view a video of the meeting, please email us at Naic t? �borhnodMe� ting7hmc�nc�.com and we will send a link of the video. You may also email any comments or questions to jVe��bo,rhrJi<jNI_c tifgc? hrnerx xgc n1. Please reference Cochatchee Say PUDA in subject line. Robert J. Mulhere, FAICP, President/CEO, Hole Montes, Inc. - 950 Encore Way, Naples, FL 34110 Phone: 239-254-2000, email: bobmulhere@hmeng.com Packet Pg. 599 Court gives Juul reprieve while it weighs FDA ban 9.A.1.g E-cigarette maker can 14 continue to sell products JS Kaun Allleekvr Wpmg grant Jwl Lariled r s g o y mti oon Mo dses y ki g em federal appeals court to bl ock a govern- ■ eirsol ban of its .-Fig., rus. Fig.,ruesandto 'orcd podsiyc a 'Fine San Fri sco hissed vapulg r #{( ompany asked the U E. Court of Ap-f� peals Far des District of Columbia to Att,.'w`-ll pause what it caller.! an "ex aordlnary On Thursday, the FDA dtad and unlawful- action last week by Lite "insufficient and conflicting" data in U.S. Food and Deug Administration, Juul's application to tontine..alting which ordeeed the company to slop its vapmg devlee and four types of s,bug its products, liquid pod,; Virginia -tobacco -flavored In its King, Juul said the FDA acted and menlhokf avored pads with on political pressure from Congress, nleotina lauds of 5% and a%_ which blsrnes the company for the rusnu suluuAuyertnrlr+Accs youth voping'PA crole In denying Ju- tirs application to remain on the mor- ket, the FDA held the company ton dir- than 2miffian adult smokers have fen nt standard this. it did far ethic, c- switched completely from cigarette cigarene makers, ties Filing said smoking because ofluul products! A three -judge panel from the IF- In 2020, tlhe FDA required all a-clgn- poals caul granted Juul a reprieve Fri- rate and vapmg coulparees to submit day, temporarily halting the FDA ban applications so continue marketing The art must dccidc whether it will products. anew Jsul to sell Its praducts while the The agencyhanned fimil- and mint- rnpanyappealsthePDA'sdecision 0awred Juice podsused in e-eigareuss The FDA most hie a response by July 7 and V,,purg Vm,hress, alien tIdr: did not to Jaul's notion asking the Caltrl to alit'lytb mehllinhhlld telie, on-hal'dded hear its appi,al.Juulwhl then have rl.lil pso'l, -, July 12 to file a response The FDA evaluated whether a-eiga- On Thul-,dry, the FDA cited "Vnsufli- Fetes would benefilpublichealth, That 'em and conflicting"data in"' V'ap- might include proving adult smokers plicaticn to cmdinuc selling its vping are likely to quit smoking In favor ofthe device and fact types of liquid pods: elec"..I., rdcollne-delivery devices Virginia -tobacco 1--ol and men- and teens are unlllcely to gel hooked on dhal-Devored pods with nicotine levels dinm. of5%snd Ty The.--sh ysold Jeri spl iratfon to 'The FDA, reviewed marketing appli- cull Its products lacked evidence that cations from Jail and hundreds o(uds- the chendeals used would be"appro- cr companies anill calls loom ant!-tu- palate for the protection of public hays groups to crack dawn on prat- health' Although the FDA said It had eels that led to a surge In youth vrping not received clinical information I,, the past decade suggesting a ho rd from using Juul's The company claimed !it its motion raping device or liquid pods, the agii that imedfateiy mremoving its prod -coy deternrined there Is not enough evi- ucts from the market pending the ap- dence to "assess the potential malco- pealwould "hxrmthe public" as"more logical risks ofueing the Juul products." The public is Inviled to attend a neighborhood Information meeting held by Robert J Munere, FAICP, PresldentlCEO of Hole Monies, Inc, and Richard D. Yovanovich, Esquire, of Coleman, Yovunovich and Koester, PA, on behalf of the property owners at the following time and location: Thursday, July 14, 2022 at 5:90 p.m. Saint John the Evangelist Catholic Church, The Ballroom 625 111 tit Avenue North, Naples, FL 34108 The following formal application has been made to colter County: Cocohatchee Clay PUDA IPL-2.022001142) An amendment to the Cocohalchee Hay PUO to add 10 dwelling units, Increasing the total from 500 to bUo dwelling units, Increasing ore inciting nelght of one building from 17 stories 10 2D stories, end in add L-onlial Service uses within the G.If Course Tract, The project is located on loth sides of Vandertill Drive, In the viclully of the intersection of Vanderbilt DO- and Wiggins Pass Road, in Seclions 0, 16, 17 and 20, Township 40S. Rangy 25F, Collier Courtly, Florida �■ ilw M`;- Location MOP C.e.haobee Bay PUDA wC VALUF VOUR INPUT Business and proporry owners, resldenr, and visitors are welcome to alland roc presontatien and discuss fP1e project with the owners and Collier County stab Zoom is being provided as an option to those electing not to attend the rn- 11 In person However, it teehnioal difficulties arise with Zacm, the lecill—1 drffi-Ties will net be grounds to invalidate the meeting. If you would I ke In panicipale via Zoom or view a v'.deo of the meeting, please email us a1 N hJr ln4"d ds.tJJxla :p1g.`1711 Id:ti+:t] and we will send a Ileh of the video You may also ernnll any comments or questions to Nffig'7)i.Y.'L']SLDL7tzA I:1LlDr, hmenn rn:0 Please. releience Cr chatchee Bay PUDA in subject line, t t A Get results ` �- c Warn ,�' e bGn 1 SIT BACK AND ENJOY THE SI"It)W MILE OUR EXPERTS WORK THEIR MAGIC LOCALiQ experts use top tech and unbeatable insights to optimize your campaigns and drive real results for your business. ®o it all with just one partner! Contact your sales rep today or visit LOCALiQ.com/Get Results to get started. BACKED 13Y DATA. POWERED BY INTELLIGENCE. Robert J Mumere FAICp, presiden VCEQ, Hale Mantes, Inc. 950 Encore Way, Naples, FL 04110 Packet Pg. 6 0771 9.A.1.g AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, Y 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. L'1J (Signature 'of Applicant) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Affidavit of Compliance was acknowledged before me this 29thth day of June 2022 by means of physical presence or online notarization, by Robert J. Mulhere, FAICP, President/CEO of Hole Montes, Inc., who is personally known to me or who has produced as identification. Signature 6f Notary Public ftVJIC Printed Name of Notary (Notary Seal) 0 ft STEPHANIE KAROL Notary Public - State of Florida Cammision NGG 9�5a7! 4 er rv,. My Comm, Frplr!! Mar 9, 201� ianded through Nado+lal Notary Atsn. 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J w 0 ¢ W a~> Z w LL Z a¢ W J �[ rL ZZ O H_0�3 aw�:> i""OpV wz ZLJ¢W LuLLJ ON?0❑❑mmJO0000 Qn�w Jz NZ ZQC7 C`Jw0w❑Zf70¢�3 �OQ��w�❑a�z¢ W ZZ}zozzz . U W mZ❑Qv�� W O JZNw�00000000cc DrQQQaau�ww000zz>Omw�onmaQaQoo9awo`aa¢w 53awaaQ� ° ��333333333:?:?: 3�s}}}}}}}}}}}¢NN`�NNNNN¢mmmmUo❑wwLLLLLLCJCJUUUUss�YJJ:c:z2zo0 N O Q Q N N O N J a O It CO LO N N C E 3 V O II Packet Pg. E5 R ) >LLIb 2 ( / \ G > 1 GS \ \ \) _ _ Packet Pg. 626 091.9/0919,@ f1aAV oaAP a1g11edwoo Low Z9 x ww 9Z 12wJo> op 91 anbl>3 09 L9/0915® Aimv glim alq!ledwoo ,,9/9 Z x „i. ezis logel MACDONALD-BLACK FAMILY TRUST MANATEE AQUA LIMITED 2 CHEDINGTON PL #3D PRIES DU MOULIN TORONTO M4N 3R5 CANADA RUE DU MOULIN ST MARTIN, JFRSF JE3 6AH UNITED KINGDOM NICHOLS, STEPHEN W & MARY J ORAZIETTI ET AL, DAVID 2A QUEENSBURY AVE 1215 DEERVIEW CRESCENT SUITE 601 LASALLE N9J OA2 CANADA TORONTO MIN 2X7 CANADA I Ii I. PATTERSON, KEVIN PFAFF, CHRISTOPHER ANDREW S52 ELIZABETH JEAN QUINN PFAFF HEMMINGFORD JGL 1110 CANADA 47 DE VERE GDNS TORONTO M5M3E6 CANADA RICHARDS, BRIAN E &JANICE F I ROLL, DEREK,M & BARBARA J 25 HARTFIELD DR 16 OSBORNE HEIGHTS GUELPH N1H 612 CANADA WARLEY BRENTWOOD ESSEX CM14 5UZ ENGLAND VANDERBILT INVSTMNTS LIMITED FLOOR 2 ROMASCO PLACE WATERFRONT DRIVE PO BOX 4541 ROAD TOWN TORTOLA 1110 BRITISH VIRGIN ISLANDS WARREN, GEORGE E & RITA I i 725 EAGLETRACE DR 443 LONDON N6G 017 CANADA i I; I WISEMAN, PHILIP BRADFLY LISA MCCARIICK, WISEMAN 6778 BARRISDALE DR MISSISSAUGA L5N 2H4 CANADA I Aqua at Pelican Isle Condominium, Association, Inc. 13675 Vanderbilt Drive Naples, FL 34110 Marina Bay Club of Naples Condo Assoc., i' Inc. 9150 Galleria Court, Ste, 201 Naples, FL 34109 Wiggins Bay Dock Owners Association, Inc c/o Gulf View Prop. Mgmt. 2335 91h Street #505 Naples, FL 34103 VERDUCI, VINCE & JOAN14E VERDICI, LAWRENCE VERDUCI, RITA JULIE 180 FENYROSE CRESCENT WOODBRIDGE L4L 7B1 CANADA WILL, HEINRICH KIRCHBACHSTRASSE14 WIESBADEN 65191 GERMANY Eden on the Bay Homeowners' Assoc., Inc. c/o John C. Joanides CPA, PA 7345 Davis Blvd., Ste. 2 Naples, FL 34104 saiA.H] MARSHALL, DANIELIAMES DAVIDJOHN OLDFIELD BELVEDERE I OLD LANE, HIRST COURTNEY N YORKSHIRE SELBY Y08 8BQ ENGLAND OTOOLE, BRENDAN & MANDY 575 NORFOLK STREET WINDSOR N9E 1G9 CANADA PIERCE/RODRIGUES FLA TRUST 375 CONNAUGHT ST #301 FREDERICTON E313 2135 CANADA II I'i I: I i SCHAEFLER, ANDY & STEFANIE 1 KNORCA PL TORONTO M3A 2Z5 CANADA II i VESIC ETAL, MONIKA ! 46 BANCROFT KITCHENER N2A 4E5 CANADA i I i i WILLIAMS, TREVOR & SANDRA 44 BUTTON CRES UXBRIDGE L9P 1Z5 CANADA I' Falling Waters Master Assoc., Inc. C/o Cambridge Management 9001 Highland Woods Blvd., Ste. 2 Bonita Springs, FL 34135 Arbor Trace Condominium Association, Inc. 1000 Arbor Lake Drive Naples, FL 34110 � rl Tarpon Cove Community Assoc., Inc. c/o DB Community Resources, Inc. PO Box 2427 Bonita Springs, FL 34133 Glen Eden Homeowners' Assoc., Inc. c/o Meldon Consultants 4949 Tamiami Trail North, Ste. 201 Naples, FL 34103 Wiggins Bay Villas Condominium Association, Inc. 6704 Lone Oak Blvd, Naples, FL 34109 I I The Residences at Pelican Isle Yacht Club The Cayman at Tarpon Cove Neighborhood Condominium Assoc., Inc. Association Inc. c/o Resort Management c/o DB Community Resources, Inc. 2685 Horseshoe Drive South, Ste. 215 PO Box 2427 Naples, FL 34104 Bonita Springs, FL 34133 label size 1" x 2 5/8" compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery/05160/8160 Packet Pg. 6 7 9.A.1.g 147 YA IGG � b4 G � � v E G s D q �4P � w G N W } G b •rn ai � � ttl y 10 • ' G p ` O b +' C � C b w a q � N cu r 40 b U w Yo 'F m a E t °1 w y c e } D O D R. UO 0 N fu 7 u -2 .D 7 p W t F U 4 ❑ ¢ � O u_ M C y y 4- a.+ a } M (D y v m a L Q/ }• V1 @ L G N a C �7 D cu c a m q m N W ar ~ O Z ch ro F •C y . Q} N aj I Y 1 i y i � y aM 5 ~i Y Packet Pg. 628 4 9.A.1.g �I !"� [V N O N 1 zH W � I- 0-4 �•{r 4 U W C) 0 1� 1 LLI LT 1 V { CLCu 7� �- 't' 1A ` .% a ti Y �ulk CbL 9-1 i ` } Packet Pg. 629 9.A.1.g A k N CS • w i r � • 9 1�C2 Packet Pg. 630 9.A.1.g I 16 -a N r la m � Y rn a E m u C C C C � L � n o E ,u . L E w +; . dye ro � m T N N N c � E a L noa. c c c r 6 6 u w E C 47CL }. u o e C d' Lk E to w 4 a en N y f6 tea,. Q � O V L ' $.0 `a G U 19 C r D C tr a 'a a tlLl u j N 16 Cu i+ O � C �Q m r ECU •3 H C C Qj t ` f- E 1� C: Y c•.1 � � l R � i 1 � f I � ) Packet Pg. 631 } � � � � � � � C p � � � � � C C � C � � � � \ j tw E �2u d) \ ° k E a 0 �Em3 ;q- � 2 2 \ foU § 2 /jk 2=ul.0 2kk & r J 2 [ / \ § ( f 6�27 E 2 A 2 ». ■ =2% EL 2 � E t; k ƒ 0 E o a_; g2§-0 § § 0 v 2 C & 0 . ; ■§§ �w _ k E Z. k Lrk L g / • Mƒ� Ek% k cck /R7 Packet Pg. 632 A I ii � � C) C:) CA � a � � � � P-4 CJ) � P-4 � � � � � U Packet Pg. 633 'b It -0 Vl �;Qjd° e �j u 61 V 4 6 a + C p O r- L L C ry a p_ pa p O vi E al G �— LA ` v } f0 d G E N w '4 Y li 3 G t q a � c nn � 4 c a p 10 N U } N L} 4 a V N 3 N a N S L 2 � 4 C. to m 0 �n m a G Cr •, b 5 m 4 �• O � � t' N L fO -q V 4 4 o. >, 4 u f9 C ++ 7 ? a CL .0 M d a u in 14 47 x CD � ' V G 'n G1 4 i9 w L O¢ �a4 G h a ,3 r r { 1 � y 1 � v 4 f r � r r a 1 Packet Pg. 634 9.A.1.g K t 1 Qf L 4 i..Y vi J En � 5 1 4 IV Packet Pg. 635 9.A.1.g Fj MIN cn W i� CL V (� V z v C.3 Packet Pg. 636 9.A.1.g I 1 N N L � ' 4 � J CL QL m I En 1� N N ns a 1 ,,1 V 1 Packet Pg. 637 9.A.1.g I k � w C � � u E u E�s�rz � v c T3 m o t 13 'a o � 3m�'�, m — gn b E + �: o� 4s'! T ° Cc a m v °u 4 w .� E PCL Qj on y -� .. m O m v C = Ye m "m a 4� E w 0 y C c 0 CL 3 W u � r y ^a � C 4u1 =Cy VI s 3 L •� oCo U p� t7 P, CL 4 u m C a a . m C � 8 L E o 4 .0 W C = d] w �7 N C. fV M � 1 •111I+Y '�j a V r Y V R ^' Ph V Packet Pg. 638 9.A.1.g 0 z Y- 4 W z D 4 z 0"1 p O V W z � a a� �a —i9 7y U V! N m J � S9 1f1� S w W Packet Pg. 639 9.A.1.g N L � � v � V C r a a G Q � o S y a vi 41 C } 0 10 CL o -U m ti m E O al e y � a v 3 � r u Q o �. r li m G G o a N M U ' C � � 4i 7 � w C = o U aui a o � � U ,.ra CL C N w E �o 't F. a i4 O ra E � r tE C 4. C CO a CL W 5 W `-^ m a w ru Y M � o a � u a r y� m u o a u u IZ Y 4 4 !tl C 4 ! - ;� a > IM CJ a u fn' • t 5 U a a ar O � U C b ai Y o wD kn = C m ! .0 F- u 4 cn ai' A r W �d UP CD tQ LU a r V UN k5 5; C d C d Q 0 a 00 t V t O u O U r O O O N N O N J a 0 00 LO FM - Packet Pg. 640 9.A.1.g • 1 R � R � ` • 1 4 h �1 A ti r . 1 � 1 � Packet Pg. 641 9.A.1.g Q CZ) rl I� CD � C O � u a m CL m v td y y 4 91 p y 4} C1 L �o y C 44.. d C C o d � 0 w C C c 441J d � W W k u 7 d C G. i C 7 7 4l F- ro ++ d ti d C 4` m E ` 0 97 C � L C C L7 Uq n u7 �v d V �+ a 0 ? q N Lm ro u o u u M } � 8 } G! M .d U7 al u f0 d) f dj d rc t 0 o � .c m m m t H u W 41 Q �1 W C R Q to US 3e LIQ CD V 41 E ,a 1 i Packet Pg. 642 � � � � C? CD � � CZ) . � � � � � ;L4 � � � � � � � Packet Pg. 643 SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petition of 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 supersede any requirements of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign 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 petition 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 ROBERT J. MULHERE, FAICP, SENIOR• VICE PRESIDENT WHO ON OATH SAYS THAT HEISHE HAS POSTED PROPERTY NOTICE A$ REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL-20220001142. Hole Mo..ntes, a Bowman Company SIGNATURE OF APPLICANT OR AGENT 950 Encore Wav Robert J. Mulhere, FAICP, Senior Vice President NAME (TYPED OR PRINTED STATE OF FLORIDA COUNTY OF COLLIER STREET OFF P.O. BOX Naples, FL 34110 CITY, STATE ZIP Tht~ foregoing instrument was sworn to and subscribed before me this 20TH day of June 2023, by means of s physical presence or online notarization, by Robert J. Mulhere FAICP Senior Vice President, w o ipersonally known to me or who has produced as identification and who did/did not take an oath. �wv I STEPHANIE KARO]Fjo,ida Notary Public, State oCommission ✓r GG lbMy Carom. Expires Afar9on4ed through Natipnij Not (Stamp with serial number) Il Sign�f Notary Public r_ i�'r'i� 1Fl Y'1 l r :11"A Wry 1 Printed Name of Notary Public Packet Pg. 644 - ZVL LOOOZZOZld : Oti8SZ) (ZtUOOOZZOZ--ld) su6ig Io so;oyd pue 6ui;sod Io;inepi;;d :;u8wt43e;;d LO CD 6 a d m a Iv f 'I.., � oaf' `;�� ,. � � _ _ •_ � <•.� -�� — � � •: � � ,1•. by .yzor� f�l •�' yy'' t- A. �41,��e�1� j' q4 ; �r '� �. - �r may„' ^_4�. i xL• - Hwy.. , _ �� - . _ r. -. ; ��f,�'��`+,cif- .. -:.�� '�i' 1 .- , �. �y`+�► �i;• •f - '. .'�,. I � `�..,� y � rho , .. -,�• -E ',,'. �� r .. .. t +-47 �• MON T f, she+ r, - ' . � ,�P��,r ! � �^�� C - r•��'^~-fie me VI .ill: � Y F ■ r .. • 1�� i 9.A.1.i From: Dennis DiDonna <dennisdidonna@gmail.com> Sent: Friday, March 31, 2023 5:44 PM To: LauraDeJohnVEN Cc: LantzLorraine; SawyerMichael; MarcellaJeanne; HallChris Subject: Cocohatchee Bay or AKA Kalea Bay towers EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Now the fifth tower, The last tower is starting what we the other residents call this the Concrete Prison buildings. What concerns the neighbors, is there is no crosswalks, no street lighting, sidewalk on one side of the road on Vanderbilt Drive. Wiggins pass road: has NO crosswalks what's so ever on Wiggins, no bike paths on Wiggins pass road , 30 inch uneven side walk on one side of the roadway, no sidewalk on north side of Wiggins. No Street lighting what's so every. No new connection roadway between Vanderbilt Drive to Route 41 by way of Veterans Memorial Boulevard extension, hopefully paid for with all those impact fees collected. With all this said no improvements with the addition of 500 new residential homes in 6 years, where or continue to be built. We trusted local government to plan ahead and protect us from future grid lock with disappointing results. Thankyou Dennis DiDonna Maybe the planning department should come up and take an on site look. Packet Pg. 651 OVSSZ) siamo; Aee ealeN VNV io Aee aayo;ey0000 - oouepuodsaaaoo oilgnd :4uewL4oejjv of j - ' r_ P I Jill rY t ryG i =� i ■ . L® G 9.A.1.j LauraDeJohnVEN From: Mark Loewe <MLoewe@arbortracenaples.com> Sent: Thursday, June 22, 2023 4:28 PM To: LauraDeJohnVEN Subject: Request to Speak - PL20220001142 Attachments: Promised Berm.pdf, Kalea Bay Construction Widescreen jpeg EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Laura, I am the Community Association Manager for Arbor Trace Condominium Association and Tower Pointe at Arbor Trace Condominium Association. I would like the opportunity to speak at the July 6th County Planning Commission meeting. While I am not a resident of Arbor Trace, I am a resident of Collier County. I have also included one document and one picture that I wish to request to be in the agenda packet. Please let me know if my request can be granted in advance of the meeting. Also, may I request a digital copy of the agenda? If so, it can be emailed to: mloewe@arbortracenaples.com Mark Loewe. LCAM Community Association Manager Arbor Trace l000 Arbor Lake Drive Naples, FL 34110 239-438-4685 Direct 239-598-2929 ext. 120 mloewe@arbortracenaples.com Packet Pg. 653 9.A.1.j �J ARBOR TRACE CONDOMINIUM ASSOCIATION, INC. TOWER POINTE AT ARBOR TRACE CONDOMINIUM ASSOCIATION, INC. A NOT -FOR -PROFIT CORPORATION 1000 ARBOR LAKE DRIVE . NAPLES, FL 34110 • (239) 598-2929 Mr. Gerald F. Griffin,11 Signature Communities, Inc. 800 Laurel Oak Drive Suite 300 Naples, FL 34108-2718 Dear Mr. Griffin: We have reviewed your proposed change to the current Cocohatchee PUD that you plan to submit to the Collier County Board of Commissioners. The change you will request is: Allow the northern building on the Cocohatchee PUD to be extended from 15 habitable floors to_17 habitable floors in height. The westerly side of your building will continue to be located parallel to or easterly of the most eastern point of Tower Pointe at Arbor Trace Condominium. This is to be construed as only the main tower, not parking or amenities (i.e. pool, patios, walk areas, etc.). We will not object to this change provided Signature Communities, Inc. will construct an enhanced landscape berm along the northern boundary running from Vanderbilt Drive parallel to the Arbor Trace maintenance facility. The berm will fluctuate due to existing vegetation (i.e. native oaks, pines, etc.) and will not unreasonably disturb those areas. An attached copy of your drawing done by Michael Redd & Associates, P.A. depicts the concept to be incorporated where possible without disturbing major vegetation. This work will be completed prior to the Certificate_ of Occupancy being issued for Building #5. - Signature Communities, Inca will also build a hedge along Cocohatchee PUD's nartlem-boundary from the street to the above -mentioned maintenance facility (See attached Exhibit A) in the event that such a hedge is requested in the fixture by the Arbor Trace Condominium Association, Inc. and the Tower Pointe Condominium Association, Inc. If necessary, Signature Communities, Inc. will take any necessary measures to prevent golf ball intrusion onto Arbor Trace's property and to mitigate any negative impact to the wetlands on Arbor Trace property. Charlotte Stiffer, Presiders Arbor Trace Condominium Association, Inc. Fred Hertel, President Tower Pointe at Arbor Trace Condominium Association, Inc. Signature Communi4es, Inc. understands and will implement the provisions as called for in paragraph three above.; Please return a signed copy. Gerald F. Aiffin, II Signature Communities, Inc. 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Z IL w W LL>.o m : in IL U z0 U� F Wes. �re 10.A 07/06/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 10.A Doc ID: 25808 Item Summary: Review of the Planning Commission Continuance Policy and associated Resolution Meeting Date: 07/06/2023 Prepared by: Title: Zoning Director — Zoning Name: Mike Bosi 06/09/2023 8:37 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 06/09/2023 8:37 AM Approved By: Review: Zoning Mike Bosi Division Director Planning Commission Diane Lynch Review item Operations & Regulatory Management Donna Guitard Review Item Zoning Mike Bosi Review Item Zoning Ray Bellows Review Item County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Zoning Mike Bosi Review Item Growth Management and Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Skipped 06/09/2023 8:37 AM Completed 06/16/2023 4:01 PM Completed 06/19/2023 2:06 PM Skipped 06/09/2023 8:37 AM Completed 06/19/2023 2:35 PM Completed 06/20/2023 9:12 AM Completed 06/20/2023 2:28 PM GMD Deputy Dept Head Completed 06/28/2023 5:39 PM 07/06/2023 9:00 AM Packet Pg. 657 10.A.a to Coer Cou"ty Memorandum To: Affordable Housing Advisory Committee (AHAC) From: Mike Bosi, AICP, Zoning Division Director Growth Management Community Development Department Date: June 19, 2023 Subject: Review of the draft Collier County Planning Commission (CCPC) continuance policy At the June 1, 2023, Collier County Planning Commission public hearing, the CCPC requested for staff to bring back for review the modifications to the continuance policy discussed in 2021. While reviewing the record, staff discovered that the Resolution to amend the policy was never brought back to the CCPC for final adoption. Attached to this memorandum, please find the proposed updated continuance policy Resolution for CCPC review, potential modification, and subsequent adoption. Packet Pg. 658 10.A. b CKGIZ93=11I3 Q111 Y [I]��[I�►dl7►dc� A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION ESTABLISHING A CONTINUANCE POLICY. WHEREAS, on May 19, 1998, the Board of County Commissioners adopted Resolution No. 98- 167, which established procedures for presentations before the Board of County Commissioners and the Collier County Planning Commission (CCPC); and WHEREAS, Section 2-1159 of the Collier County Code of Laws and Ordinances provides that "The Planning Commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business," and that "The Planning Commission may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations"; and WHEREAS, the CCPC has recently seen a proliferation of continuances requested days before or at the Planning Commission meetings; and WHEREAS, the CCPC desires to provide efficient use of staff and the public's time by establishing a continuation policy for petitions advertised and placed on the CCPC agenda. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that the CCPC hereby adopts the Collier County Planning Commission Continuation Policy attached as Exhibit "A" and incorporated by reference herein as part of its rules of procedure. THIS RESOLUTION ADOPTED after motion, second, and a majority vote this day of 2023. ATTEST: COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA By: James French, Deputy Department Head Edwin Fryer, Chairman Growth Management Division Approved as to form and legality: H FA( - Heidi Ashton-Cicko 6-16-23 Managing Assistant County Attorney Attachment: Exhibit A — CCPC Continuance Policy [21-CMP-01 105/1661393/1] 6/16/23 1 of 2 Packet Pg. 659 10.A. b EXHIBIT A Collier County Planning Commission Continuance Policy The Planning Commission expects that every item that has been advertised, and public notification has been given shall only occur when both staff and the applicant are prepared to have the application heard by the Planning Commission. Should either the applicant or staff wish to continue the item, they may do so by requesting a continuance. The Request for Continuance shall be in writing unless made at the hearing and, except for good cause shown, shall be signed by the party requesting the continuance. The request shall state all the facts the requester contends justify a continuance. Requests first made at the hearing must demonstrate exceptional circumstances which excuse the written request and be accompanied by a certification of the date they first become aware of such circumstances. If requested by the applicant, the Request for Continuance shall be e-mailed to both the Zoning Director and the assigned planner as well as to each of the individual members of the Planning Commission. If requested by staff, the Request for Continuance shall be e-mailed to the applicant and each of the individual members of the Planning Commission. Both the applicant and staff must appear before the Planning Commission at the advertised public hearing to address the request for a continuance. The Planning Commission may grant a Request for Continuance if and only if good cause is shown. Good cause includes, but is not limited to, the following: 1. The unavailability of a parry, counsel, or material witness due to death, illness, or other extenuating circumstance. 2. Where the denial of a continuance creates a material and unavoidable hardship for the requesting party. 3. Where the cause of the request was unforeseeable and not the result of dilatory conduct. If the Planning Commission determines by majority vote that good cause for a continuation has been shown, then the item will be continued to a date no earlier than six weeks, with discretion by the Planning Commission to hear it sooner. If the continuance is granted at the applicant's request, the applicant will pay the continuance fee approved by the Board within the adopted Fee Schedule (currently $500) together with any and all costs in readvertising the item, if necessary. If the request for a continuance was at Staff s request, the County will pay all costs in readvertising the item, if necessary. The purpose of the continuance fee is to partially reimburse the County for the costs the County incurred arising from the hearing and is not intended as a fine. If the Planning Commission determines by majority vote that good cause for a continuation has not been established, then the item will be heard as advertised. The Planning Commission will weigh the inconvenience to the public in making its determination. [21-CMP-01 105/1661393/1] 6/16/23 2 of 2 Packet Pg. 660 11.A 07/06/2023 COLLIER COUNTY Collier County Planning Commission Item Number: I LA Doc ID: 24548 Item Summary: Collier Inter -Active Growth Model (CIGM) update overview Meeting Date: 07/06/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 06/14/2023 11:06 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 06/ 14/2023 11:06 AM Approved By: Review: Planning Commission Diane Lynch Review item Operations & Regulatory Management Diane Lynch Review Item Zoning Mike Bosi Division Director Growth Management and Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Skipped 02/01/2023 11:13 AM Skipped 02/01/2023 11:13 AM Completed 06/19/2023 7:51 AM GMD Deputy Dept Head Completed 06/23/2023 5:25 PM 07/06/2023 9:00 AM Packet Pg. 661 IapoW L14MOJE) OAIIOy-JBIUI aa!IIoC) : 8ti5tiZ) £ZOZ-ti6-9 pa}epdn- OdOO JOI W0I0 :}uOwt43ellV A M I w� wmo c 0 u 0 u ok IapoW L14MOJ!D OA14O y-aa}uI aa!IIo:D : 8ti5tiZ) £ZOZ-v�-9 pa}epdn- :DdO:D ao3 WJI:D luaLuVel;' 0 0 I'AlJ E 0 E F— O U i O U 4-1 ca V O U- C6 N c 0 IapoW L14MOJE) OAIIOy-JBIUI aa!IIoC) : 8ti5tiZ) £ZOZ-ti6-9 pa}epdn- OdOO JOI WJIC) :}u8wt43e44V 0-0 oQa �Ww A �o0 w ca E U " O 0 4- s ._ U4) O •> V U cn i U LL .N O cLM LPL i _ W a + o + a� aC: V s s � a--+ G 4 W Q L V aA U +, ca ca Ile U � O m •U LL N ate-J > C6 3 ate--+ IRT co to 6) a a Y V m a � � L O ca u E ;6 U � t O > U- O O 0 - � v O O � 0 % ��. 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