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Agenda 01/09/2024 Item #17B (Ordinance - an ordinance rezoning the 12425 Union Road RPUD)17.B 01/09/2024 EXECUTIVE SUMMARY This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning Ordinance for the 12425 Union Road RPUD to allow up to 109 residential dwelling units on 51.5f acres of property located in Port of the Islands, approximately '/2 mile north of Tamiami Trail East (US 41) at 12400 and 12425 Union Road, in Section 4, Township 52, Range 28, Collier County, Florida. (PL20220004175) OBJECTIVE: To have the Board of Zoning Appeals ("Board") review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above - referenced petition and render a decision regarding the petition and ensure the project is in harmony with all the applicable codes and regulations to ensure that the County's interests are maintained. CONSIDERATIONS: The subject +/-51.5-acre property is comprised of approximately 39 acres zoned Residential Tourist (RT) and 12 acres zoned Conservation (CON); it is also in the Coastal High Hazard Area (CHHA). The property is part of Port of the Islands and is accessed via Union Road, which lies roughly one mile north of the intersection of Tamiami Trail East (US 41) and Union Road. The 400-acre Port of the Islands is unique in that it has an urban future land use designation but is surrounded by many square miles of land with a conservation future land use designation. The subject land is vacant and has been cleared with some filled added. The applicant proposes a planned unit development (PUD) with a maximum of 109 single-family and attached two- family dwelling units. The July 2, 1985, Development Agreement between Port of the Islands, Inc., and the State of Florida vested a portion of the development, which permits the 39 acres zoned RT to be developed at up to 16 dwelling units per acre, which equates to more than 600 units allowed by right. Utilities to the site are available through the Port of the Islands' Community Improvement District (CID). The applicant has acquired some of the connection rights and has an option to obtain the remaining necessary utility connection rights for the proposed 109 dwelling units. The project will include clubhouses, recreational facilities, and community administrative facilities. The minimum lot size will be 3,000 square feet; setbacks will be 20 feet for the front, 10 feet for the rear, and 015 feet for the side. Lot size and setback requirements are similar to those required for clustered housing, though the Master Plan does not depict development to be clustered. Maximum building height will be 35 feet zoned and 45 feet actual. FISCAL IMPACT: The PUD rezone by and of itself will have no fiscal impact on Collier County. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT (GMP): Port of the Islands is unique in that it has an urban future land use designation but is also completely within the Big Cypress Area of Critical State Concern. A Development Agreement between Port of the Islands, Inc., and the State of Florida Department of Community Affairs, dated July 2, 1985, regulates land uses at Port of the Islands. Per the agreement, Port of the Islands is eligible for all provisions of the Urban Mixed -Use District, in which it is located, to the extent that the overall residential density and commercial intensity does not exceed 16 DU/ac that is permitted under zoning at the time of adoption of this plan. Its vested status and being exempt from the Density Rating System of the Future Land Use Element (FLUE) (Page 57, Point Le.9) would permit the development of more than 600 dwelling units, which is significantly greater than the 109 units being proposed (109 units equates to a density of 2.1 dwelling units per acre). By developing land with an urban residential subdistrict's future land use designation, the project is consistent with FLUE Policies 5.5 and 5.7, which discourage urban sprawl. FLUE Policy 5.8 encourages clustered development. Though there is no definitive response from the applicant, based on the development standards in the PUD Packet Pg. 1685 17.B 01/09/2024 document, the project may be consistent with FLUE Policy 5.8. FLUE Policy 5.6 requires new projects to be compatible with and complimentary to surrounding land uses. The proposed project is compatible with and complimentary to the Port of the Islands development south of Tamiami Trail and to/with the abutting PUD to the south. A gun range on land abutting to the north is zoned CON. Provided there are existing, or there will be at the time of SDP/subdivision plat, berms or other devices to prevent bullets from the range entering the proposed PUD, the project is consistent with FLUE Policy 5.6 to the northern abutting property. With the Port of the Islands being surrounded by the Big Cypress Area of Critical State Concern, it is impossible for the project to be complementary to or compatible with this area. Transportation Planning Services finds that the project is consistent with Policy 5.1 of the Transportation Element of the GMP. The proposed project does not impact any of the environmental requirements of the GMP; therefore, the Environment Planning staff finds the project consistent with the Conservation and Coastal Management Element of the GMP. Comprehensive Planning staff also finds the project consistent with the GMP. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard petition PUDZ-PL20220004175 on November 16, 2023, and by a unanimous vote of 5-0 recommended forwarding the petition to the Board with a recommendation of approval. The proposed project does not affect the GMP's environmental requirements; therefore, the Environmental Advisory Council (EAC) did not hear this petition. LEGAL CONSIDERATIONS: This is a site -specific rezone of 51.5f RT/CON-zoned acres to a Residential Planned Unit Development (RPUD) Zoning District for a project known as the 12425 Union Road RPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. Should it consider denying the rezone, the burden shifts to the Board of County Commissioners to determine that such denial would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there adequacy of evidence of unified control and suitability of 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? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed RPUD with the Growth Management Plan's goals, objectives, and policies. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) to assure the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular 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. 9. Will the proposed change be consistent with the goals, objectives, policies, future land use map, and the Growth Management Plan elements? 10. Will the proposed RPUD Rezone be appropriate considering the existing land use pattern? Packet Pg. 1686 17.B 01/09/2024 11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration that would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County Commissioners deem important in protecting public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the BCC hearing as these items relate to these criteria. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. The County Attorney's Office prepared the proposed Ordinance. This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. -DDP RECOMMENDATION: To approve Petition PUDZ-20220004175, the 12425 Union Road RPUD, to allow up to 109 residential dwelling units on 51.5f acres of property located in Port of the Islands. Prepared by: Eric Ortman, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report PUDZ-PL20220004175-12425 Union Road CAO 10-30-23 (PDF) 2. Attachment 1 - Ordinance - 101623 with DDP initials (PDF) 3. Attachment 2 - Declaration of Restrictions and Covenants (PDF) 4. [Linked] Attachment 3 - Applicant Backup including NIM (PDF) Packet Pg. 1687 17.B 01/09/2024 5. Attachment 4 - Legal Ad and Sign Posting (PDF) 6. legal ad - agenda ID 27354 (PDF) Packet Pg. 1688 17.B 01/09/2024 COLLIER COUNTY Board of County Commissioners Item Number: 17.13 Doc ID: 27354 Item Summary: This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning Ordinance for the 12425 Union Road RPUD to allow up to 109 residential dwelling units on 51.5f acres of property located in Port of the Islands, approximately '/z mile north of Tamiami Trail East (US 41) at 12400 and 12425 Union Road, in Section 4, Township 52, Range 28, Collier County, Florida. (PL20220004175) Meeting Date: 01/09/2024 Prepared by: Title: Principal Planner — Zoning Name: Eric Ortman 12/06/2023 9:47 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 12/06/2023 9:47 AM Approved By: Review: Zoning Mike Bosi Division Director Growth Management Community Development Department Diane Lynch Building Plan Review & Inspections Christopher Mason Additional Reviewer Unknown Jaime Cook Additional Reviewer Growth Management Community Development Department James C French County Attorney's Office Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Derek D. Perry Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 12/06/2023 9:50 AM Department review Completed 12/13/2023 6:05 PM Completed 12/15/2023 2:38 PM Completed 12/18/2023 1:58 PM Growth Management Completed 12/18/2023 6:05 PM Completed 01/02/2024 11:45 AM Completed 01/02/2024 12:19 PM Completed 01/02/2024 3:17 PM Completed 01/02/2024 4:33 PM Completed 01/03/2024 11:51 AM 01/09/2024 9:00 AM Packet Pg. 1689 17.B.a Co er County STAFF REPORT �a TO: COLLIER COUNTY PLANNING COMMISSION W c 0 FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT W, N Iq HEARING DATE: NOVEMBER 16, 2023 r v uO SUBJECT: PUDZ-PL20220004175: 12425 UNION ROAD RESIDENTIAL CV) PLANNED UNIT DEVELOPMENT (RPUD) N OWNER/APPLICANT/AGENTS: Owner: Lindsay J. Case 119 N. Wahsatch Ave. Colorado Springs, CO. 80903 Applicant: Alligator Reach, LLC 119 N. Wahsatch Ave. Colorado Springs, CO. 80903 Agents: D. Wayne Arnold Q. Grady Minor & Assoc. 3800 Via Del Rey Bonita Springs, FL. 34134 Agent: Richard Yovanovich Coleman, Yovanovich, Koester 4001 Tamiami Trail N. Ste 300 Naples, FL. 34103 The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone land zoned both Residential Tourist (RT) and Conservation (CON) to a Residential Planned Unit Development (RPUD) to be known as the 12425 Union Road RPUD. The RPUD will permit a total of 109 residential dwelling units comprised of single-family detached dwellings and two-family attached dwellings. An amenity tract will contain a clubhouse and administrative and recreational facilities. Union Road, which runs north -south bifurcates the subject property. The ±51.5-acre subject property has ±39.5 acres zoned RT, and f 12 acres zoned CON. GEOGRAPHIC LOCATION: The f51.5-acre subject property lies roughly one mile north of the intersection of Union Road and U.S. 41 which is roughly 14 miles southeast of the U.S. 41/Collier Boulevard intersection. The Port of the Islands (which contains the subject property) is unique in that it has an urban future land use [22-CPS-02293/1824433/1] Page 1 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1690 17.B.a designation but is surrounded by many square miles of land with a conservation future land use designation. The Port of the Islands itself is a little greater than 400 acres in size, and measures approximately 2 miles north to south and one-half mile east to west at its widest, and is in Sections 3 & 4, Township 52 South, Range 28 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The RPUD petition proposes to rezone vacant, previously cleared land, currently zoned RT and CON, to a RPUD to permit development of up to 109 single-family and attached two-family residential dwelling units. Based on the underlying zoning — Residential Tourist which permits 16 dwelling units per acre — more than 600 multi -family dwelling units could be built on the property. There is a Declarations of Restrictions and Protective Covenants (Attachment 2) attached to the property which limits development to between 100 and 125 dwelling units depending on certain clauses in the Declaration. The County does not enforce private covenants and restrictions. The applicant is working with the Port of the Islands Neighborhood Improvement District to acquire the rights for the necessary utility connection rights for 109 dwelling units, which is the same as the number of units that the applicant is proposing. The Port of the Islands is divided by U.S. 41 into a northern and a southern part. The roughly 170-acre northern part includes the f53-acre North Port Bay PUD which abuts the subject property to the south, a f7-acre parcel containing the former hotel, the f51.5-acre subject parcel, a f5-acre water treatment facility for Port of the Islands residents and businesses, a f53-acre private gun club, and a communication tower (see graphic to right). Entrance to the PUD will be via Union Road which runs north from U.S. 41 through the North Port Bay PUD. Union road is owned by the Port of the Islands and bisects the subject property. The graphic to the right shows the location of the subject property, the former hotel, and the water treatment facility. In addition to the proposed 109-dwelling units, the RPUD will include a clubhouse, community administrative and recreational facilities for residents and guests, and — during the active construction period — leasing and construction offices. Should this petition be approved, the ±53-acre private gun club at the northern terminus of the Port of the Islands will be the last undeveloped parcel in the northern half of the Port of the Islands. Page 3 is a site location map; pages 4 and 5 are the proposed master plan for the project [22-CPS-02293/1824433/1] Page 2 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1691 17.B.a v U1 C n 0 X O N a ►ROJfCT LOCATION • Location Map Petition Number. PL20220004175 Page 3 of 15 Zoning Map �t LOCATION a Packet Pg. 1692 17.B.a ZONED CON (ACSCJST) USE GUN CLUB •1 UNION ROAD I R a � ZONED P PUD BOUNDARY I USE UTILITY SITE Ig T I� t p IC •� ZONED A(ACSClST) USE CONSERVATION IO R UNION ROAD FP ZONED CON (ACSUST) USE CONSERVATION ZONED RT USE VACANT I mp 1 (NOT PART OF G THIS PUD) � ❑t M t O t POTENTIAL ZONED NORTH PORT BAY F ZONED NORTH PORT SAY ACCESS USE CONSERVATION USE RESIDENTIAL K ° N LEGEND r R RESIDENTIAL TO TMAIMtt AA AMENITY AREA rf TRAIL EAST IANOSGAPE BUFFERS 4000 ACCESS •1 15' WIDE TYPE V 1 � 4 r DEVIATION '2 - 10, WIDE TYPE 'Cr SCALE V = Ir. 124JS (/XW MAD AMD ............_ ., �....r .fir• •.r . w. rr...• w .w.w. rr . I.ww. W (~ C 1MSWO R/n •r..�r .r.ana Mr•.• ti Mr,.. 1ww.�r PCWMD OCTOKP 10. 2023 w'�r � . • 7y [22-CPS-02293/1824433/1] Page 4 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1693 17.B.a TOTAL SITE AREA 51 5t ACRES RESIDENTIAL TRACT 49 St ACRES (96%) AAAEWTY AREA TRACT 2t ACRES 44%) IMSIOtNTIAL MAX"JU t09 OW[llMKs UNITS OPFN SPACE_ REOLrRED W% PROVIDED W% (WITHIN THE OVERALL PUO) PRESERVE REQUMD Ot ACRES INO NATiA VEGETATION EXISTS ONSITE) PROVIDED Ot ACRE S DEVIATIONS FROM THE LOC 0 RELIEF IRON LDC SECTION 6 06 01. -STREET SYSTEM REOVAEMENTV. W►+ICM ESTASLISN(S A MINIMUM 604007 RIGHT OF WAY WK)TH FOR LOCAL StMtTS, TO INSTEAD AVOW FOR MtrVATT ROAM WITNN THE SITE TO R LOCATIO IN A SO-FOO74M ACCESS (AM&ONT OR PRrVATE RIGHT .00 -WAY Sit t)"IMT It. TYhUt RO'W CROSS SI CT ION THS PLAN IS CONCEPTUAL MI NATURE AND IS SUBACT TO UP40R MOOOFICATION M TO AGENCY PERMTTING REOUIREIdENITS GNP— so ..mow+•... M�� • �/rt��w . 1�. . M�.r.1�.r. A"D Art', ex"W C 1110" K/M "Is I lwl� ! "23 E�;:- [22-CPS-02293/182443 3/1 ] PUDZ-PL20220004175 12425 Union Road RPUD Page 5 of 15 Packet Pg. 1694 17.B.a kio a all001 17101[!2 rI\L, 11111.y North: Conservation (CON) zoning South: North Port Bay PUD East: Public Use zoning (P); Conservation (CON) zoning, Area of Critical State Concern (ACSC), Special Treatment Overlay (ST) West: Agricultural zoning (A), Area of Critical State Concern (ACSC), Special Treatment Overlay (ST) Intentionally Blank Collier County Zoning Map GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The f51.5-acre site has a future land use designation of Urban/Urban Mixed -Use District/Urban Residential Subdistrict. It is the intent of the FLUE that urban designated areas accommodate most of the population growth and that new intense land uses be located within them. Pages 28-29 of the FLUE states that, "The Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban Mixed -Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. " Page 57 of the FLUE (1.e.2) states that, `All new residential zoning located within Districts, Subdistricts and Overlays identified above the that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 2) The Urban Mixed -Use District for the "vested portion of the Port of the Islands development. " �a 0 c 0 LO N N r LO Lf') M N [22-CPS-02293/1824433/1] Page 6 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1695 17.B.a Being exempt from the Density Rating System of the FLUE and being "vested" to the extent that the density of proposed project is well below what is permitted based on the underlying zoning, the density of the proposed project, slightly more than two (2) DU/ac is consistent with the FLUE. FLUE Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl. The proposed development is with an urban residential subdistrict. These subdistricts are intended to accommodate most of the County's residential growth. 0 FLUE Policy 5.6 requires that new projects be compatible with, and complementary to surrounding land o uses. Land to the north, west and east of the subject property is zoned A and CON with ACSC and ST overlays. The overlays are intended to protect and preserve the natural, environmental, economic resources, N and intricate ecological relationships with the area's ecosystem. Any proposed development shall comply N with the Florida Administrative Code, and any building, including roads, must reestablish the existing sheet- r flow that existing prior to development. With development essentially not allowed in these areas, it is LO impossible for the proposed developed which is permitted and designated as an urban residential subdistrict, to be either compatible or complementary with surrounding properties. FLUE Policy 5.6 is not applicable to these lands. Residential development of the petitioner's land is appropriate per its future land use designation. Development of the subject property would be both complementary and compatible with the North Port Bay PUD (FLUE Policy 5.6) which lies to the south and which consists of two-story multi -family dwelling units. The northeast corner of the subject property abuts a water treatment facility for the Port of the Islands. The proposed project will have a Type B buffer on this section of the development shielding residents from the treatment facility. GMP Conclusion: Based upon the above analysis, the proposed 109 dwelling units and the PUDZ application has been deemed consistent with the Future Land Use Element. Based on the "vested" nature of the Port of the Islands, the proposed density of 109 units is roughly one -sixth (1/6) of what is permitted and being complementary and compatible, where practical, with surrounding development, Comprehensive Planning staff concludes that the project is consistent the Growth Management Plan (GMP). Transportation Element: In evaluating this project, staff reviewed the applicant's February 2, 2023 (revised), Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 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 ofpermissible 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 occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and [22-CPS-02293/1824433/1] Page 7 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1696 17.B.a c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition the proposed development will generate a projected total of +/- 108 PM peak hour, 2-way trips on the adjacent roadway segments of East Tamiami Trail (US-41). The trips generated by this development will occur on the following adjacent roadway link: Link/Roadway Link Current Peak Projected 2021 AUIR 2022 AUIR Hour Peak P.M. Peak LOS/ LOS/ Direction Hour/Peak Remaining Remaining Volume/Peak Direction Capacity Capacity Direction Project Trips (1) 96.0/Tamiami SR-29 to San 1,000/East 61/East B/ B/ Trail East Marco Drive 784 734 US-41 95.3/ Tamiami San Marco Dr to 1,020/East 48/East D/ F/ Trail East Greenway Rd 57 (113) (2) (US-41) 95.2/ Tamiami Greenway Rd to 1,020/East 41/East C/ C/ Trail East Joseph Ln 837 667 (US-41) 95.1/ Tamiami Joseph Ln to 3,100/East 41/East B/ C/ Trail East Collier Blvd 1,692 1,454 (US-41) 94.0/ Tamiami Collier Blvd to 3,000/East 17/East C/ C/ Trail East Triangle Blvd 1,033 973 (US-41) 93.0/ Tamiami Triangle Blvd to 3,000/East 17/East D/ D/ Trail East Rattlesnake 628 280 (3) (US-41) Hammock Rd • (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the November 11, 2022, Traffic Impact Statement provided by the petitioner. • (2) BCC adopted 2022 AUIR indicated LOS "F". However, consultation and investigation of FDOT count stations, locations, and confirmation traffic studies resulted in more accurate and acceptable LOS `B" and 744 remaining trips for this roadway link. Further the FDOT count stations and traffic counts are proposed for the 2023 AUIR. Staff will be working to establish additional Collier County count station(s) to address accuracy concerns/issues. • (3) Expected deficient by trip bank, see State Statute 169.3180. Based on the TIS, the 2021 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. �a 0 c 0 D LO N N r v uO M I- N [22-CPS-02293/1824433/1] Page 8 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1697 17.B.a Conservation and Coastal Management Element (COME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The proposed changes do not affect any of the environmental requirements of the GMP. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.S., 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 Collier County Planning Commission's (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Rezone Findings and PUD Findings." In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The property has been historically cleared as such no preservation is required. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning Staff recommends approval of the proposed Ascend Naples PUDZ. Utilities Review: The project lies within the Port of the Islands Community Improvement District's (POICID) potable water and wastewater service areas. The POICID provided a service availability letter stating that there is sufficient capacity for the project's 109 dwelling units; but clarifies that the applicant only possesses 107.8 ERCs within the project, and there is an understanding between the applicant and the POICID that the applicant will request to reserve and purchase an additional 1.2 utility ERCs. Landscape Review: Staff has reviewed the petition for compliance with the LDC and recommends approval of this project. The buffer types labeled on the Master Plan are consistent with the Land Development Code. Stormwater Review: Stormwater staff has reviewed the petition for compliance with the GMP and the LDC. Stormwater staff has determined at this stage of project zoning action no adverse impacts to downstream properties are evident. Zoning Services Review: Port of the Islands is bisected by U.S. 41 into northern and southern halves. This petition is north of U.S. 41 and seeks to rezone two parcels totaling ±51.5 acres — approximately ±39.5 acres are zoned RT and approximately 12 acres are zoned CON. The property is currently "vested" (see GMP Consistency section beginning on page 6) meaning that the residential density may be up to what is allowed in the underlying district. The ±39.5 RT acres have a maximum density of 632 units (39.5 * 16 = 632); the ±12 CON acres have a maximum density of 2.4 units (12 * 0.2 = 2.4). With the caveat that most of the homes will be required to be built on the RT portion of the land, the 109 units being requested in well below what may be entitled and represents a significant downzoning. Buffers will surround the perimeter of the property except for where the property abuts undeveloped vacant CON zoned land. The PUD will provide 60 percent (60%). The land has previously been cleared therefore, there is no preserve or native vegetation requirement. The applicant has requested one deviation to reduce the minimum 60-foot ROW width for local streets to instead allow for on -site private roads to have a 50- foot access easement or private ROW. Staff recommends approval of this deviation. [22-CPS-02293/1824433/1] Page 9 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1698 17.B.a The State notes that by amending the Development Agreement between the Port of the Islands Community Improvement District and the State of Florida and/or the Declaration of Restrictions and Protective Covenants, the applicant could amend the PUD thereby increasing its density. PUD FINDINGS: LDC Section 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria 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 physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The site is suitable for the proposed development. The land has previously been cleared and filled and has utilities available to the site. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. The project lies within the Port of the Islands Community Improvement District's (POICID) potable water and wastewater service areas. The POICID provided a service availability letter for the project. 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). Based on the "vested" nature of the Port of the Islands, the proposed density of roughly one -sixth (1/6) of what is permitted, and the project being complementary and compatible, where practical, with surrounding development, staff believes that the project, subject to a potential change in the density allowed, is consistent the GMP. See page of this report for additional details. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The project is compatible with the PUD that abuts to the south and is buffered on its perimeter where it abuts residential land. As described in the Staff Analysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The buffers proposed on the Master Plan are consistent with LDC requirements. �a 0 c 0 D LO N N r v uO M N [22-CPS-02293/1824433/1] Page 10 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1699 17.B.a 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The PUD will provide the required 60% of the gross area for usable open space (LDC 4.07.02.G.1). No deviation from the open space requirement is being requested, and compliance will be demonstrated at the time of SDP or platting. M 0 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. 0 The roadway infrastructure has sufficient to serve the proposed project, as noted in the Transportation N Iq Element consistency review. Operational impacts will be addressed at the first development order (SDP or 04 Plat), at which time a new TIS will be required to demonstrate turning movements for all site access r points. Finally, the project's development must comply with all other applicable concurrency management LO regulations when development approvals, including but not limited to any plats and or site development N plans, are sought. The project lies within the Port of the Islands Community Improvement District's (POICID) potable water and wastewater service areas. The POICID provided a service availability letter for the project. The applicant has acquired and/or reserved the necessary water and sewer connections from the POICID. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The project area could only be expanded if additional land were acquired, most likely the private gun club that abuts the property to the north. An amendment to the Development Agreement between the Port of the Islands Community Improvement District and the State of Florida and/or the Declaration of Restrictions and Protective Covenants would be required should the applicant wish to internally (increase density) expand. The project lies within the Port of the Islands Community Improvement District's (POICID) potable water and wastewater service areas. The POICID provided a service availability letter for the project. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular 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. The proposed development will conform with the proposed PUD regulations. There is one, staff supported, deviation being requested to reduce the ROW width of internal roads from 60 feet to 50 feet. Rezone Findings: LDC Subsection 10.02.08.F states, "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 of the Future Land Use Map and the elements of the Growth Management Plan. Due to the proposed PUD being "vested" by the GMP, it is consistent with the goals, objectives, and policies of the GMP/FLUM; no amendment to the GMP is required for approval of this project. [22-CPS-02293/1824433/1] Page 11 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1700 17.B.a 2. The existing land use pattern. The Port of the Islands is unique in that it is has a future land use designation of urban residential subdistrict, yet it is also totally within the Big Cypress Area of Critical State Concern (ACSC). Its unique nature and future land use designation make it impossible for it to be compatible with the ACSC that surrounds it but it replicates the PUD development that abuts to the south and is complimentary to and compatible with the existing land pattern to the extent that is feasible. o W 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. c The Port of the Islands is a "vested" urbanized area in the middle of an area of critical state concern. Given LO N this designation and status, the Port of the Islands is itself an isolated district. The proposed project will not N create an isolated district but will become part of what is an existing isolated district. r v uO 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. N As shown on map earlier in this report, the existing property boundaries are logically drawn and follow the property ownership boundaries and coincide with the GMP subdistrict boundaries. The fact that the subject property is split into two zoning districts is beyond the control of the applicant and something that the applicant should not be held accountable for. 5. Whether changed or changing market conditions make the passage of the proposed amendment necessary. The seller of the property, the Port of the Islands Community Development District, believes that the development of single-family and two-family dwelling units is more appropriate than the uses permitted in the RT district which does not permit single- or two-family dwellings though it does permit townhouses. The proposed zoning change is required to allow for single- and two-family uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed master plan and buffering will ensure that the project will not adversely impact living conditions in the neighborhood. The North Port Bay PUD which abuts to the south is the only development that is proximate to the subject property and residents of this PUD may only notice a few additional cars driving by their homes. The land on the other three side of the proposed project is protected conservation land. 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 (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. [22-CPS-02293/1824433/1] Page 12 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1701 17.B.a & Whether the proposed change will create a drainage problem. Stormwater staff has determined at this stage of the proj ect's zoning that no adverse impacts to downstream properties are evident. In addition, the project will require a SFWMD permit for a surface water management system which may improve overall drainage of the property. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Given the maximum actual height of 45 feet and the likely distance between units of the new project and existing units, the proposed change will not seriously reduce light and air to the surrounding area. 10. Whether the proposed change will adversely affect property values in the adjacent areas. There are not too many areas like Port of the Islands that offer the potential of living surrounded by miles of untouched land and little surrounding development. The proposed project may have a positive impact on adjacent property values due to its uniqueness. There is a large degree of subjectiveness concerning property values. Given its uniqueness it seems a reasonable conclusion that the project will not have a negative impact on the value of surrounding properties. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Should this project be approved, the only land left to be developed on the north side of the Port of the Islands is the ±53-acre private gun club. Approval of this petition will not be a deterrent to development of the gun club property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed project is consistent with the Growth Management Plan which is the guiding land use document for the County. Implementation of the Growth Management Plan is in the publics' interest. The proposed development standards are comparable with the development standards of the PUD to the south. Aside from asking for a deviation for a narrower (50-foot) private ROW for internal roads, which is support by Transportation Planning Services, the applicant is requesting no special requests and is not being granted any privilege that is not available to any other developer. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Beyond the seller of the property believing that development of the property with its current permitted uses is not in the best interests of the Port of the Islands, there are no substantial reasons why the property cannot be used in accordance with existing zoning. However, the proposed project represents a significant downzoning from what the property is currently zoned for. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The density of the proposed project is a little greater than 2 DU/ac. The North Port Bay PUD was permitted (Ord. 00-05) at a density of just under 5 DU/ac. This is the only development to compare the proposed project too and is in keeping with the scale of the neighborhood. �a 0 c 0 LO N N r v uO M I- N [22-CPS-02293/1824433/1] Page 13 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1702 17.B.a 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are likely other adequate sites within the County that currently would permit the proposed project without the need for rezoning. The developer has selected this site as it is consistent with the GMP; has sufficient public facilities; represents a higher and better use of the land than what it is currently used as and is more economically advantageous to the developer. o 16. The physical characteristics of the property and the degree of site alteration, which would c be required to make the property usable for any of the range of potential uses under the D proposed zoning classification. N N The site has been previously cleared and filled. Some site alteration, specific to the project may be required. r Union Road, which provide access to the property, will need a significant upgrade to make it consistentLO with the southern part of the road leading to U.S. 41. The development will be responsible for all costs associated with the upgrading of Union Road. v 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. The applicant does not expect any public facility deficiencies resulting from this project. The project lies within the Port of the Islands Community Improvement District's (POICID) potable water and wastewater service areas. The POICID provided a service availability letter for the project. M 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 of County Commissioners during the advertised public hearing. The project lies within the Port of the Islands Community Improvement District's (POICID) potable water and wastewater service areas. The POICID provided a service availability letter for the project. 1 er7 f.Y�IiI.XYC�7►� The petitioner is seeking a single deviation from LDC §6.06.01 which establishes a minimum 60-foot right of way width for local streets to instead allow for private roads within the property to have a 50- foot-wide access easement or private right of way. The petitioner's rationale and staff analysis/recommendation are outlined below. Petitioner's Justification: The number of lanes and required lane width can be accommodated within the proposed 50-foot access easement or right of way and the reduction in the minimum required width will provide for a more efficient and compact development project. The proposed utilities and other supporting infrastructure will have adequate separations within the 50-foot width. Staff Analysis and Recommendation: Transportation Planning recommends APPROVAL of this deviation. The request is limited to privately owned and maintained roadways. This is a commonly approved deviation with no major issues related to the reduced width of the roadway. [22-CPS-02293/1824433/1] Page 14 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1703 17.B.a NEIGHBORHOOD INFORMATION MEETING (NIM): The project's NIM was held at 5:30 p.m. on March 7, 2023, at the Port of the Islands Resort Conference Room located at 25000 Tamimi Trail East. Thirty-six people attended the NIM in person. Wayne Arnold and Francesca Passidomo gave a brief overview of the project's specifics and the interactions between Mr. Case, the new property owner, the Community Improvement District, and the applicant team. The presentation covered the details of the project before opening the meeting up to questions. There were many 0 questions which seems to be asked out of curiosity or concern but did not seem to be asked from a standpoint of being opposed to the project. The applicant team responded to all project -related questions asked. In no 0 particular order, questions were asked about: traffic study, time to complete development of the project, infrastructure, improvement of Union Road and who would pay for it, drainage, water, flooding, how much N Mr. Case paid for the property and how invested in the project he was, whether there would be a berm N bordering the gun club, size of the lots and homes, and whether soil testing would be done to determine r what lead levels were in the water. In response to this last question, the applicant team responded that testing LO for potential lead contamination was not required by the County, that Mr. Case would retain a geotechnical firm to conduct soil boring, no details were provided on the type of testing to be done. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on October 30, 2023. Staff recommends that the CCPC approve Petition PUDZ-PL20220004175 including the requested deviation to reduce the right of width on internal private roads. Attachments: 1. Proposed Ordinance 2. Declaration of Restrictive Covenants 3. Applicant's Backup Documentation (including NIM) 4. Legal Advertising and Signage [22-CPS-02293/1824433/1] Page 15 of 15 PUDZ-PL20220004175 12425 Union Road RPUD I Packet Pg. 1704 17.B.b ORDINANCE NO.2024- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND CONSERVATION (CON) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS THE 12425 UNION ROAD RPUD TO ALLOW UP TO 109 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED IN PORT OF THE ISLANDS, APPROXIMATELY V, MILE NORTH OF TAMIAMI TRAIL EAST (US 41) AT 12400 AND 12425 UNION ROAD, IN SECTION 4, TOWNSHIP 52, RANGE 28, COLLIER COUNTY, FLORIDA, CONSISTING OF 51.5t ACRES; AND BY PROVIDING AN EFFECTIVE DATE, [PL202200041751. WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, Inc., and Francesca Passidomo, Esq., of Coleman, Yovanovich & Koester, P.A., representing Alligator Reach, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Zoning Classification The zoning classification of the herein described real property located in Section 4, Township 52, Range 28, Collier County, Florida, is changed from a Residential Tourist (RT) Zoning District and Conservation (CON) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a project known as 12425 Union Road RPUD, in accordance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof The appropriate zoning atlas map or maps, as described in Ordinance Number [22-CPs-02293/1821151/11 121 Page 1 of 2 PL20220004175 — 10/1612023 12425 Union Road RPUD Packet Pg. 1705 17.B.b 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date, This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this 9th day of January 2024. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Derek D. Perry 1,L Assistant County Attorney V` 1 Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D -- Legal Description Exhibit E — List of Deviations Exhibit F — Developer Commitments [22-CPS-02243/182115111 l 121 PL20220004175 — 10/1612023 12425 Union Road RPUD BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page 2 of 2 Chris Hall, Chairman Packet Pg. 1706 17.B.b EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: 0 a A maximum of 149 residential dwelling units shall be permitted within the PUD. No building or structure, or o part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: LO N I. RESIDENTIAL TRACT: N T A. Principal Uses: M ti N_ 1. Residential Dwelling Units, including: y a. Single family, detached R b. Two family, attached ._ a 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal o uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process 3 outlined in the LDC. N to r CD B. Accessory Uses: a� Accessory uses and structures customarily associated with the permitted principal uses and structures, M including, but not limited to: L O 1. Garages and carports (residential lots only) 2. Model Homes per LDC (residential lots only) 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and E picnic areas (common areas only). 0 4. Swimming pools, spas, cabanas, and screen enclosures (residential lots only). Q 5. Water management facilities to serve the project such as lakes (common areas only). as E II. AMENITY AREA TRACT: �a r r A. Principal Uses: a 1. Clubhouses, community administrative facilities and recreational facilities, intended to serve residents and guests, including leasing and construction offices (during active construction only). (12425 Union Road RPUD PL20220004175) (October 10, 2023) Page 1 of t2 Packet Pg. 1707 17.B.b 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the principal uses permitted in this RPUD, including but not limited: 1. Swimming pools and spas 2. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and t0 picnic areas. _ 0 3. Water management facilities to serve the project such as lakes. Ln N 11 N T" (124 25 Union Road RPUD PG 20220004175) (October 10, 2023) Page 2 of 12 n h Packet Pg. 1708 17.B.b EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standard tables. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I PRINCIPAL STRUCTURES *2 SINGLE FAMILY (DETACHED) TWO FAMILY (ATTACHED) AMENITY AREA Minimum Floor Area (per unit) 1,500 SF 1,500 SF N/A Minimum Lot Area (per unit) 3,000 SF 2,625 SF 5,000 SF Minimum Lot Width (per unit) 40 feet 35 feet N/A Minimum Lot Depth 75 feet 75 feet N/A Minimum Setbacks Front Yard *6 20 feet 20 feet 20 feet Side Yard 5 feet 5 feet *7 5 feet Rear Yard 10 feet 10 feet 10 feet PUD Boundary 15 feet 15 feet 15 feet Minimum Distance Between Buildings 10 feet 10 feet *3 10 feet Maximum Building Height *5 Zoned Actual 35 feet 45 feet 35 feet 45 feet 35 feet 45 feet ACCESSORY STRUCTURES *1 Minimum Setbacks Front Yard *6 SPS SPS SPS Side Yard SPS SPS SPS Rear Yard *4 5 feet 5 feet 5 feet PUD Boundary 10 feet 10 feet 10 feet Minimum Distance Between Buildings 10 feet 10 feet *3 10 feet Maximum Building Height *5 Zoned Actual 20 feet 25 feet 20 feet 25 feet 20 feet 25 feet SPS - Same as Principal Structure BH - Building Height (zoned height) 0 c 0 u� N Rt N r uO M (12425 Union Road RPUD PL20220004175) (October 10, 2023) Page 3 of 12 Packet Pg. 1709 17.B.b *1 — Does not apply to passive recreational uses such as trails/pathways, which may be located within internal open space areas. *2 — Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required internal setback, except as listed below, and are permitted throughout the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. *3 — Zero feet if attached, 10 feet if detached. *4 — May be reduced to 0 feet where abutting an open space, water management or landscape buffer tract. *5 -- Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' *6 —Applies to attached or detached Garages. Front facing garages shall provide a minimum 23 feet from sidewalk to the garage *7 — Zero feet if attached, 5 feet if detached. Note: nothing in this PUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in the list of deviations in Exhibit E. (12425 Union Road XPUU PL20770004175) (October 10, 2023) Paoe 4 of 12 Packet Pg. 1710 17.B.b ZONED: CON (ACSCIST) USE: GUN CLUB I *, 1 PUD BOUNDARY�-I IO Ill n 1m m m IQ ZONED: A (ACSCIST) CC USE: CONSERVATION I 1 f J ZONED: RT *1 i� USE: VACANT I (NOT PART OF THIS PUD) UNION ROAD ZONED: P USE: UTILITY SITE UNION ROAD ZONED: CON (ACSCIST) USE: CONSERVATION POTENTIAL ZONED: NORTH PORT BAY ZONED: NORTH PORT BAY ACCESS USE: CONSERVATION USE: RESIDENTIAL LEGEND: R RESIDENTIAL AA AMENITY AREA f► ACCESS ® DEVIATION LANDSCAPE BUFFERS: *1 - 15WIDE TYPE 'B' *2 - 10' WIDE TYPE 'D' TO TAMIAMI TRAIL EAST N SCALE. 1" = 400. MEN PLOTTED @ 8 5" % 1 1' 12425 UNION ROAD RPUD Q. Grad) A1[""�• yl"1 4—Mal—p,.1 Ni NCt GradyMinor 6MIl11114nr.I Rrp rolm flus�lln SVrl"R5. rlurll4x 3117� EXHIBIT C pliR CK11 Engineers Land Surveyors - Planners . Landscape hrahilecis MASTER PLAN nu lurr - irrl a UW K.9l .Mll r rl.Ift.19110 ,151 IxZGop11 REVISED OCTOBER 10. 2023 atlnlld Sprulo 2399-17.1111 " u u_I; r.3dy 1linur_ram r.m ljvc!'+ :I,I WIII I:11W SHF.Fr s. 0? 2 0 c 0 .E u� N Rt N r LI'1 M N Packet Pg. 1711 1 17.B.b SITE SUMMARY TOTAL SITE AREA: 51.5± ACRES RESIDENTIAL TRACT: 49.5± ACRES (96%) AMENITY AREA TRACT 2± ACRES (4%) RESIDENTIAL: MAXIMUM 109 DWELLING UNITS OPEN SPACE: REQUIRED' 60% PROVIDED: 60% (WITHIN THE OVERALL PUD) PRFSFRVF- REQUIRED: 0± ACRES (NO NATIVE VEGETATION EXISTS ONSITE) PROVIDED: 0± ACRES DEVIATIONS FROM THE LDC: 1. RELIEF FROM LDC SECTION 6.06.01, "STREET SYSTEM REQUIREMENTS", WHICH ESTABLISHES A MINIMUM 60-FOOT RIGHT OF WAY WIDTH FOR LOCAL STREETS, TO INSTEAD ALLOW FOR PRIVATE ROADS WITHIN THE SITE TO BE LOCATED IN A 50-FOOT-WIDE ACCESS EASEMENT OR PRIVATE RIGHT-OF-WAY. SEE EXHIBIT E1, TYPICAL ROW CROSS SECTION. NOTES THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. ® 1. „,r. a„rl , I 1.Z4,25 UNION ROAD RPUD - Vradyh9inor "I. l>-1 go 1Wru. 9yrmp. la,.n,. a, u+ EXHIBJ C CIA Engineers . Land Surveyors . Planncre LandmapeArchilccta MASTER PLAN NOTES res vuR � R . d.s.m MODMIN 1— r..m L6000: hI Rwo—Lf.2 0 2" REVISED SEPTEMBER 5. 2023 aWllr tiprlulls: 2399 I T II II .. l ."".rnrn rm, My—: 239.690. 13M SH3P" 2 OF 2 Packet Pg. 1712 17.B.b EXHIBIT D LEGAL DESCRIPTION PARCEL A: A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00°19'01" WEST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 2387.39 FEET; THENCE RUN NORTH 89°40'59" WEST, PERPENDICULAR TO THE EAST LINE OF 0 THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE EASTERLY LINE OF A = SERVICE ROADWAY EASEMENT; THENCE RUN NORTH 00°05'55" EAST, ALONG THE EASTERLY LINE OF SAID SERVICE g ROADWAY EASEMENT, FOR A DISTANCE OF 3.19 FEET; THENCE RUN NORTH 89°54'05" WEST ALONG THE � NORTHERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 35.00 FEET; THENCE RUN SOUTH N 00'05'55" WEST, ALONG THE WESTERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FORA DISTANCE OF 3.06 FEET; N THENCE RUN NORTH 89°40'59" WEST FOR A DISTANCE OF 77.18 FEET; THENCE RUN SOUTH 00°19'01" WEST, r PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 299.88 FEET; THENCE RUN SOUTH 00"20'13" WEST, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, LO m FOR A DISTANCE OF 350.03 FEET; THENCE RUN SOUTH 89"39'47" EAST, FOR A DISTANCE OF 79,78 FEET TO A POINT ON THE WESTERLY LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN SOUTH 00°05'55" WEST, ALONG THE N WESTERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 947.38 FEET; THENCE RUN NORTH 89°39'47" WEST, FOR A DISTANCE OF 213.29 FEET; THENCE RUN NORTH 00°20'13" EAST, FOR A DISTANCE OF 303.59 _ FEET; THENCE RUN NORTH 89"39'47" WEST, FOR A DISTANCE OF 390.26 FEET; THENCE RUN SOUTH 00`20'13" WEST a FOR A DISTANCE OF 565.00 FEET; THENCE RUN NORTH 89"39'47" WEST FORA DISTANCE OF 124.74 FEET; THENCE RUN SOUTH 00°20'13" WEST, FOR A DISTANCE OF 394.41 FEET; THENCE RUN NORTH 89°39'47" WEST, FOR A s DISTANCE OF 290.20 FEETTO A POINT ON THE EASTERLY RIGHT -OF- WAY LINE OF THE FAHKA UNION CANAL; THENCE 3 RUN NORTH 00°30'33" EAST ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL FORA c^> DISTANCE OF 4124.12 FEET; THENCE RUN NORTH 45"22'18" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY cNo OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 224.67 FEET; THENCE RUN NORTH 89"42'31" EAST, ALONG THE r c PROPOSED SOUTHERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 676.00 FEET; THENCE r RUN NORTH 44°42'31" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR v A DISTANCE OF 387.97 FEET, THENCE RUN NORTH 00°30'33" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 72.26 FEETTO A POINT ON THE NORTH LINE OF THE NORTHEAST E- 1/4 OF SAID SECTION 4; THENCE RUN NORTH 89°42'31" EAST, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF L. 0 SAID SECTION 4, FOR A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT FROM PARCEL A THOSE CERTAIN LANDS CONVEYED IN OFFICIAL RECORDS BOOK 4439, PAGE 1126, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; BEGIN ATTHE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00°38'58"E, ALONG THE EAST LIN E OF THE NORTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 238739 FEET; THENCE RUN 589°21'02"W, FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE EASTERLY LINE OF A SERVICE ROADWAY EASEMENT AS RECORDED IN O.R. BOOK 1567, PAGE 1556, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N00'52'04"W, ALONG THE EASTERLY LINE OF SAID SERVICE ROADWAY EASEMENT FOR A DISTANCE OF 3.19 FEET; THENCE RUN S89°07'56"W, ALONG THE NORTHERLY LINE OF SAID SERVICE ROADWAY EASEMENT FOR A DISTANCE OF 35.00 FEET; THENCE RUN S00"52'04"E, ALONG THE WESTERLY LINE OF SAID SERVICE ROADWAY EASEMENT FOR A DISTANCE OF 3,06 FEET; THENCE RUN 589"21'02"W FOR A DISTANCE OF 77.18 FEET; THENCE RUN S00°38'58"E, FOR A DISTANCE OF 69.43 FEET; THENCE RUN S89"32'34"W, FOR A DISTANCE OF 111.67 FEET; THENCE (12425 Union Road RPbD P1.2022000.1175) (October 10, 2023) Page 7 of 12 i" Packet Pg. 1713 17.B.b RUN N46°46'08"W, FOR A DISTANCE OF 125.85 FEET; THENCE RUN N 53'15'08"W, FOR A DISTANCE OF 424.94 FEET; THENCE RUN 589'32'34"W FOR A DISTANCE OF 242.59 FEET; THENCE RUN N46'46'08"W, FOR A DISTANCE OF 199.70 FEET TO A POINT ON THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL; THENCE RUN NOO'27'26"W ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 145S.84 FEET; THENCE RUN N44'24'19"E ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 224.67 FEET; THENCE RUN N88'44'32"E, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 676.00 FEET; THENCE RUN N43'44'32"E, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 387.97 FEET; THENCE RUN NOO'27'26"W, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 72,26 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN N 88'44'32"E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. PARCEL B: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA- THENCE RUN SOUTH 00'20'13" WEST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 00'20'13" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 947.37 FEET; THENCE RUN NORTH 89'39'47" WEST, PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 131.28 FEET TO THE EAST LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN NORTH 00'05'55" EAST, ALONG THE EAST LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 947.38 FEET; THENCE RUN SOUTH 89'39'47" EAST, PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 135.22 FEET TO THE POINT OF BEGINNING. BEARINGS REFER TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00'20'13" WEST. LESS AND EXCEPT FROM PARCEL B THOSE CERTAIN LANDS CONVEYED IN OFFICIAL RECORDS BOOK 4522, PAGE 2249, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00'37'46"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S00'37'46"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 334.23 FEET; THENCE RUN N45'37'46"W, FOR A DISTANCE OF 269.88 FEETTO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 92.50 FEET THROUGH A CENTRAL ANGLE OF 45'00'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF N23'07'46"W, FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN NOO'37'46"W, FOR A DISTANCE OF 85.06 FEET; THENCE RUN N89'22'14"E, FOR A DISTANCE OF 215.00 FEET TO THE POINT OF BEGINNING. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING SOO'37'46"E. AND (12425 Union Road RPUD PL20220004175) of 12 (October 10, 2023) Page 8 0 Packet Pg. 1714 17.B.b PARCEL C: A PARCEL OF LAND LOCATED I N TH E SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST; THENCE RUN N 00°20'13" E ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4 FOR A DISTANCE OF 1389.61 FEET; THENCE N 89°39'47" W FOR A DISTANCE OF 379.57 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 00°20'33" W FOR A DISTANCE OF 261.41 FEET; THENCE RUN N 89'39'47" W FOR A DISTANCE OF 390.26 FEET; THENCE RUN N 00°20'13" E FOR A DISTANCE OF 565.00 FEET; THENCE RUN S 89°39'47" E FOR A DISTANCE OF 390.26 FEET; THENCE RUN 5 00"20'13" W FOR A DISTANCE OF 303.59 FEET TO THE POINT OF BEGINNING. ALSO INCLUDING PER TITLE COMMITMENT # 22-0141 THE LAND IS DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: COMMENCE ATTHE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00' 20' 13" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 733.79 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 00" 20' 13" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 655.82 FEET; THENCE RUN NORTH 89' 39' 47" WEST, FOR A DISTANCE OF 131.28 FEET TO A POINT ON THE EAST LINE OF A SERVICE ROAD EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 1567, PAGE 1556, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00° 05' 55" WEST, ALONG SAID SERVICE ROAD EASEMENT, FORA DISTANCE OF 449.47 FEETTO THE BEGINNING OF ATANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG SAID SERVICE ROAD EASEMENT AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 65.00 FEET THROUGH A CENTRAL ANGEL OF 90° 00' 00", SUBTENDED BY A CHORD OF 91.92 FEET AT A BEARING OF SOUTH 45°05' 55" WEST, FOR A DISTANCE OF 102.10 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 89' 54' 05" WEST, ALONG SAID SERVICE ROAD EASEMENT, FOR A DISTANCE OF 95.94 FEET TO A POINT ON AN ENTRANCE ROAD EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 1567, PAGES 1554 THROUGH 1555, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, THENCE RUN SOUTHWESTERLY, ALONG SAID ENTRANCE ROAD EASEMENT AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 89- 19' 54", SUBTENDED BY A CHORD OF 84.36 FEET AT A BEARING OF SOUTH 45' 25' 58" WEST, FOR A DISTANCE OF 93.55 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 00° 46' 01" WEST, ALONG SAID ENTRANCE ROAD EASEMENT, FOR A DISTANCE OF 81.13 FEET; THENCE DEPARTING SAID ENTRANCE ROAD EASEMENT, RUN SOUTH 89° 39' 47" EAST, FOR A DISTANCE OF 350.44 FEET TO THE POINT OF BEGINNING, MORE OR LESS. CONTAINING 51.5 ACRES, MORE OR LESS (12425 Union Road RPUD PL20220004175) of 12 (October 10, 2023) Page 9 ca 0 c O LO N N LO M Packet Pg. 1715 17.B.b EXHIBIT E LIST OF DEVIATIONS DEVIATION 1: Relief from LDC Section 6.06.01, "Street System Requirements", which establishes a minimum 60-foot right of way width for local streets, to instead allow for private roads within the site to be located in a 50-foot-wide access easement or private Right -of -Way. See Exhibit E1, Typical ROW Cross Section. (12425 Union Road RPUD PL20220004175) (October 10, 2023) Page 10 of 12 Packet Pg. 1716 17.B.b TYPICAL ROADWAY SECTION N.T.S. LEGEND m Grady.Minor C,11Engineers . LandSurwe)ws . Planners I:a/. s[.Y lwP lsl GYM M she li uwsl61 8aeua Spr p. 439.947.1144 . w.. e2dyWaor foal U.ar,a>MI-riraldr.A. ,Al— .. Yla CP... YICP 12425 UNION ROAD RPUD .19 Jmcc� ram' 11��11. tiPrmG, FlyrMa 3� 139 PLR Lanftcapr archilec.L4 �.aczPP ZU EXHIBIT Ea TYPICAL ROW CROSS SECTION n. across-ucrar zKM 1 OF ' Roll Myer 7.3a89n47R11 Packet Pg. 1717 17.B.b EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. One entity (hereinafter the Managing Entity) shaII be responsible for PUD monitoring until W close-out of the PUD, and this entity shall also be responsible for satisfying all PUD o commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity D is Alligator Reach, LLC, 119 N. Wahsatch Ave, Colorado Springs, CO 80903. Should the Managing N Entity desire to transfer the monitoring and commitments to a successor entity, then it must N 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 M written approval of the transfer by County staff, and the successor entity shall become the N 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 PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant falls to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125,022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. TRANSPORTATION: A. The maximum total daily trip generation shall not exceed 108 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. ENVIRONMENTAL: A. The PUD contains no native vegetation; therefore, no preserve is required. (12425 Llnion Road RPUD PL20220004175) (Oclober 10, 2023) Page 12 of 12 Packet Pg. 1718 INSTR 6312735 OR 6177 PG 48 RECORDED 9/23/2022 3:21 PM PAGES 20 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $171.50 17.B.c This instrument prepared by: Anthony P. Pires, Jr., Esquire Woodward Pires & Lombardo, P.A. 3200 Tamiami Trail N. Suite 200 Naples, Florida 34103 DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS THIS DECLARAThC 1 " is ISLANDS COMMUNITY IMPR is Chapter 190, Florida Statutes. WHEREAS, Port Of The Islands C61 community development district established'.;li� of business in Collier County, Florida, the i PARCEL 13, has determined that, in order to cE and covenants should be imposed on the real preservation of the property values of the OWT FOR PARCEL 13 day of-:::�fr, CAr2022 ("Effective Date"), by PORT OF THE DISTRICT, a community development district established pursuant to WITNES SETH: Improvement District ("DECLARANT", or "CID" or "District"), a Chapter 190, Florida Statutes, presently having its principal place Ier of the real property hereinafter described and referred to as ty development within the herein defined PARCEL 13 restrictions ,#64ribed on the attached Exhibit "A" ("PARCEL 13") for the reiiu n owners and residents within the boundaries of the District. NOW, THEREFORE, Port Of The Islands -0 Improvement District declares that the real property PARCEL 13 as described in Article I of this DECLARAFl Shpll be held, transferred, sold, conveyed and occupied subject to the DECLARATION OF GENERAL COVENN ITIONS AND RESTRICTIONS FOR PARCEL 13, and as they may be amended and supplemented and the restricfion• s:ca ants, servitudes, impositions, easements, charges and liens hereinafter set forth.`ti T'Al ARTICLE I DEFINITIONS 1. 'BUILDING HEIGHT" as defined in the Collier County Land ``I]ei"elQ nt Codes or land development regulations. Where minimum floor elevations in flood -prone areas have be esia by law, the building height shall be measured from such required minimum floor elevations. 2. "DECLARANT" or "CID" or "District" shall mean and refer to PORT OF THE S�ANDS COMMUNITY DEVELOPMENT DISTRICT, a Florida community development district establisbh. 190, Florida Statutes, its successors or assigns of any or all of its rights under the DECLARATION as specified by DECLARANT. 3. "DECLARATION" or "GENERAL COVENANTS" shall mean and refer to this DECLARATION OF GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARCEL 13, as recorded in the Public Records of Collier County, Florida, and as it may be further amended and supplemented from time to time. Page I of 14 0 o_ 0 LO N v N LO Cl) ti Packet Pg. 1719 OR 6177 PG 49 17.B.c 4. "DEVELOPER" shall mean and refer to [name of party taking title and developing the property] its successors or assigns of any or all of its rights as the developer of the property subject to this DECLARATION. 5. "DWELLING UNIT" shall mean and refer to any residential unit within PARCEL 13, intended for occupancy by one family or household. 6. "PROPERTY OWNERS ASSOCIATION" shall mean the Florida not for profit corporation formed and established o W to administer, operate/and maintain PARCEL 13, (and its successors and/or assigns), which shall be the property r_ owners associatiar d meowners association for PARCEL 13. The DEVELOPER shall establish and create the •° PROPERTY OWNSASSOCIATION. M LO N 7. "PARCEL 13" in the c xt of this DECLARATION shall mean and refer to the real property or any portion N thereof, described on the atta6hed Exhibit "A". If the Developer adds additional property to the PARCEL 13 property, or develops additional property as part of developing the PARCEL 13 property, then the definition of LO "PARCEL 13 " shall be revised to include such additional property, but only with respect to the responsibilities of N the PROPERTY OWNER'S ASSOCIATION that may be expressly set forth hereunder. 8. "OWNER" shall mean and refer to any person or persons, entity or entities (including but not limited to the DEVELOPER), who are the record owner or owners of any fee interest in PARCEL 13, their heirs, successors, legal representatives or assigns. When PARCEL 13 is submitted to a PROPERTY OWNER'S ASSOCIATION for ownership and maintenance of streets, common areas, and water management areas, except as to any areas assumed by the DISTRICT in accordance with their standard procedures, the PROPERTY OWNER'S ASSOCIATION shall be deemed OWNER for assessments and responsibilities of OWNERS as those responsibilities pertain to said areas. 9_ "SITE PLAN', shall mean and refer to that certain site plan for PARCEL 13 dated September 19, 2022, a copy of which is attached hereto and made a part hereof as Exhibit `B , as may be modified from time to time in accordance with the provisions hereof. ARTICLE II RESTRICTIONS USE RESTRICTIONS. (a) Only in the event that the Zoning Contingency (defined below in Article 111.2) is not satisfied, PARCEL 13 shall be used for one story and two-story single-family, detached residences of not mqe than one -hundred (100) dwelling units and associated infrastructure and amenities ("Intended Use") and for no other,p&POses. With the exception of DEVELOPER'S and its designees' and successors' construction, marketing and sales activif a �and administrative affairs of the PROPERTY OWNER'S ASSOCIATION all in accordance with and typical of any residential project, no business may be conducted on any part thereof, nor shall any building or portion thereof be used or'mainiained as a professional office. There shall be no detached garages or storage units or structures. Subject to Article III hereof, the property within PARCEL 13 shall be developed in substantial accordance with the Site Plan attached hereto and made a part hereof as Exhibit "B". There shall be no modification or amendment to the Site Plan without the prior written approval of the DECLARANT. As to modifications required by a governmental entity that are not substantial in such event the approval of DECLARANT shall not be required so long as the Site Plan remains consistent with the Intended Use. Page 2 of 14 Packet Pg. 1720 OR 6177 PG 50 17.B.c (b) Notwithstanding the above provisions, the DECLARANT shall permit one or more DWELLING UNITS to be used or maintained temporarily as a sales office or model by the DEVELOPER and/or designated builders of DWELLING UNITS in PARCEL 13 for the promotion of sales of DWELLING UNITS in PARCEL 13 only. (c) No temporary trailer or facility, including but not limited to any sales trailer or facility, shall be placed in or on PARCEL 13 without receiving written approval from DECLARANT, which approval rights will be within the reasonable business judgment of DECLARANT, not unreasonably withheld, conditioned or delayed so long as consistent with the Collier County LandDevelopment Code and other applicable regulations. �° c (d) No building, s�cture or other improvement, including any temporary sales trailer or facility, which impacts 'r_ or encroaches into property-drasements possessed, owned or operated by the DISTRICT, shall be erected, installed, built U) or placed in or on PARCEL 133 w �out receiving the prior written approval from DECLARANT, in DECLARANT'S N d reasonable discretion. No carports -shall be placed or erected on any property in or on PARCEL 13. N (e) No decorative objects such as weathervanes, sculptures, birdbaths, fountains and the like shall be placed or M installed in or on PARCEL 13 outside a DWELLING UNIT, courtyard, lanai or outdoor living space without the prior N written approval of the DECLARANT; in DECLARANT'S reasonable discretion. No lawn chairs or lawn furniture shall be placed outside a DWELLING UNIT, courtyard, lanai or outdoor living space attached to a DWELLING UNIT by any Owner without the prior written approval of the DEVELOPER or its designee, such as by way of example an architectural control committee as promulgated under the NEIGHBORHOOD COVENANTS ("ARC"), which approval, if given, shall > be for a specific location and time period. All outside waste or storage receptacles or containers shall be of a "bear proof' v style and placed or stored inside a "bear -proof' enclosure . 'a (f) Exterior paint colors and type of roof construction cannot be changed from the original approved colors and design without the prior written approval of the ARC. No asphaltic shingles are allowed. (g) Except as may be necessary in connection with the development of Parcel 13, including the infrastructure and residences thereon, no vehicle with a Gross Vehicle Weight Rating (GVWR) in excess of 10,000 pounds shall be permitted to be parked overnight or stored in or on PARCEL 13 and no dual -axle vehicle of any type or GVWR shall be permitted to be parked overnight or stored in or on PARCEL 13 unless kept fully enclosed inside a structure which shall not include an open carport. Boats, trailers, recreational vehicles, buses, campers, motor homes, dune buggies, golf carts, mopeds or motor scooters motorcycles, tractors, semis, tractor trailers, disabled, inoperative or unlicensed vehicles, and agricultural vehicles shall not be permitted to be parked overnight or stored in or on PARCEL 13 unless fully compliant with and not contrary to or in violation of applicable codes, laws and ordinances. This paragraph shall not apply to the DECLARANT in connection with DECLARANT'S reasonable access to,.PARCEL 13, if at all, in performing its functions authorized by applicable laws. (h) No fence shall be taller than the greater of four feet (4') in height or as required by the Pool Safety Act. (i) There shall be no access or connection to the canal adjacent to the western boundary of PARCEL 13 except for water management purposes. (j) There shall be no well or septic tank constructed in or on PARCEL I Twithout the express written approval of the DECLARANT 2. SITE PLAN LAND USE DEVELOPMENT ORDERS BUILDING SETBACK LINES SIZE OF BUILDINGS AND BUILDING HEIGHT. (a) The minimum setbacks shall be those as outlined on the "Site Plan" attached hereto and made a part hereof as Exhibit "B". Page 3 of 14 Packet Pg. 1721 OR 6177 PG 51 17.B.c (b) The minimum floor area per DWELLING UNIT shall be 1,500 air-conditioned square feet. Garages, porches, patios, terraces, and other similar areas or structures shall not be included in the calculation of the minimum floor area. (c) The maximum BUILDING HEIGHT of principal structures in or on PARCEL 13 shall be thirty-five feet (35') and no more than two stories. Accessory structures shall be limited to a maximum BUILDING HEIGHT of twenty feet (20') above finished floor., (d) DEVELOPE [including but not limite& written approval of the DECI development, improvements approved by DECLARANT. (e) Prior to the OWNER shall not commence any construction or development activity on PARCEL 13 ration of the land or any construction in, on or under PARCEL 13] without the prior $T), which will not be unreasonably withheld, conditioned or delayed. All infrastructure ;ons4iletion shall be in compliance and in conformance with the plans reasonably or agency with respect to the Rezoning nting OWNER, as applicable, shall submi ., said" _t DECLARANT' S review and approval fo. ;�o governmental authority shall be obtained, i4 DECLARANT. (f) Subject to this DECLARATION, written approval of the DECLARANT. submitting any documents or applications to any governmental body or the site development plan for PARCEL 13, DEVELOPER or ed documents and applications to the DECLARANT for the icy with the provisions hereof. No such approvals from any ,finalized without the prior written consent and approval of the cannot be modified, changed or amended without the prior (g) Notwithstanding anything herein to the coit,...CLARANT acknowledges and agrees that Site Plan modifications may become necessary in the zoning or site d ` process for the Intended Use, and DECLARANT will reasonably cooperate with DEVELOPER (without cost to D£ - AUNT) to accommodate modifications required by Collier County and other applicable governmental authorities, i an t;: vet jurisdiction over the Site Plan, so long as the modifications are consistent with the Intended Use. In the event of t6o a ng, DECLARANT and DEVELOPER shall amend this DECLARATION for the purpose of documenting such Plan. 3. LANDSCAPING AND SITE IMPROVEMENTS. (a) Unless assumed in writing by the PARCEL 13 PROPERTY OWNER'S ACIATION, each OWNER shall be responsible for the maintenance of landscaping, lawn and other site improvements in led by OWNER in PARCEL 13 to the edge of the road pavement within PARCEL 13 and to the edge of water ofadidining canals, lakes and water management areas. (b) Tract/Parcel hatched diagonally on the Site Plan ("Open Space Area") is designated as open space for the use and enjoyment of the residents of the CID which open space, unless otherwise assumed by the DISTRICT, shall be maintained by the PROPERTY OWNERS ASSOCIATION formed for PARCEL 13. No structure (except signage denoting the name of project/community in PARCEL 13 and/or water management facilities or structures serving PARCEL 13), or parking areas shall be allowed on this Open Space Area unless prior written consent of DECLARANT is obtained. Residents Page 4 of 14 0 0 c 0 r_ D LO N V N r LO M ti N Packet Pg. 1722 OR 6177 PG 52 17.B.c of the CID and property owners within the CID shall have the rights of ingress and egress over and upon such streets and roads within PARCEL 13 designated by DEVELOPER for the purpose of access to and from said Open Space Area. (c) Unless assumed in writing by the PARCEL 13 PROPERTY OWNER'S ASSOCIATION, each OWNER shall install or maintain their landscape material, and landscape material including but not limited to, trees, shrubs and lawns shall be maintained by the OWNER in good and living condition at all times. 0 (d) Each OWNER shall be responsible for maintaining and keeping in good working order the landscape � irrigation system install" b" his Residential Unit and adjacent right-of-way and areas between the property line of his Residential Unit and edge of curb or pavement water management area except those areas which by agreement are to be M maintained by the PROPERT 'OWNERS ASSOCIATION formed for PARCEL 13. No vegetation or landscape irrigation N systems shall be installed in Of -On CID easements or rights -of -way without the prior written consent of the CID. No N vegetation shall be installed or maintained within three (3) feet of any CID utility lines or facilities. LO (e) The PROPERTY OWNERS; ASSOCIATION formed for PARCEL 13 shall be responsible for and shall N maintain all ASSOCIATION and private roads and streets in PARCEL 13, in a safe, clean, neat and attractive manner. (f) Surface water runoff must be properly handled and cause no ponding, erosion or unfavorable impact on or to adjacent property, other property within the DISTRICT, or improvements or facilities of DECLARANT, and must conform to water management system criteria as permitted or required by governmental agencies, including water management system criteria approved by the DECLARANT. The PROPERTY OWNERS Association formed for PARCEL 13 shall be responsible for the operation and management ofhe drainage and stormwater management systems and facilities within, in and on PARCEL 13 unless otherwise assumed by the DISTRICT. (g) Unless assumed in writing by the PARCEL 1W 3 PROPERTY OWNER'S ASSOCIATION, each OWNER shall be responsible for maintaining and keeping in good and safe condition their driveways and adjacent sidewalks. 4. PARKING AND STORAGE AREAS. (a) All houses shall have a minimum of two (2) car garages unless a waiver has been fast approved in writing by DECLARANT. (b) No unenclosed storage area shall be permitted. No garage or enclosed storage area shall be erected which is separated from the DWELLING UNIT. Any storage facilities for garbage and -trash containers shall be screened or enclosed and "bear -proof'. f° r 5. LEASE. No DWELLING UNIT shall be leased more than three (3) times per calendar year. No DWELLING UNIT shall be used or sold on a "time-share" basis. No lease shall be for a period of time of less than 30 consecutive days duration. No individual rooms may be rented and no transient rental tenants may be accommodated. ARTICLE III GENERAL PROVISIONS Page 5 of 14 Packet Pg. 1723 OR 6177 PG 53 17.B.c 1. ESTABLISHMENT OF THE PROPERTY OWNERS ASSOCIATION FOR PARCEL 13: (a) Prior to the DEVELOPER or OWNER obtaining any approvals for the physical development of any portion of PARCEL 13: 1. The DEVELOPER and OWNER must and shall create "Neighborhood Covenants and Restrictions (the "Neighborhood Covenants") for PARCEL 13. The Neighborhood Covenants shall not be inconsistent with this DECLARATION vA hall be submitted to and reviewed by DECLARANT and shall require the written approval W of DECLARAN_ ' her with any amendments thereto, prior to adoption and prior to recording in the Public o records. The Neigh Covenants may establish restrictions on subjects related to the use and occupancy of c D the property, such ag . ng, architectural controls, leasing and guest occupancy, that are more restrictive N :.< . than and not inconsi ` =:I. ti��t{�ose set forth in this DECLARATION. IV 2. The DEVELOPER and Oi7VNER must and shall create and establish the PROPERTY OWNERS ASSOCIATIONLO PARCEL 13 to be responsible°f&x ' ' maintenance of PROPERTY OWNERS ASSOCIATION common areas, ti compliance with this DEC): ; ION and the enforcement of the Neighborhood Covenants, including without limitation, the mainte ce,oflaascaping, signage, entry features, green space, street lights, roads, streets, water management areas and open spab*ith k' PARCEL 13. The PROPERTY OWNERS ASSOCIATION formed for PARCEL 13 shall also perform its j. ri` ` bilities required by this DECLARATION and such maintenance c responsibilities in a manner con this DECLARATION and the Community -Wide Standard U established in the Neighborhood Cove ts. the PROPERTY OWNERS ASSOCIATION formed for PARCEL 13 fails to perform its maan ibility, the DECLARANT shall have the right may perform (n it and assess the out-of-pocket costs in b�'_ CLARANT against all lots, parcels or tracts within o �.. PARCEL 13 and take all appropriate legal act tQ>orce this DECLARATION. L FA (a) ALTERNATE DEVELOPMENT PLAN. DECLAIcknowledges and agrees that the Intended Use can be developed only if PARCEL 13 receives non -appealable re7,0riirrgt approval by the Board of County Commissioners of Collier County ("Zoning Contingency"). DEVELOPFs sh,4l at its cost, use good faith efforts to satisfy such Zoning Contingency in order to develop the Intended Use for PAk .. 3, and DECLARANT agrees to reasonably cooperate with DEVELOPER in connection therewith. If, despi*., ucla ' fforts, the Zoning Contingency is not satisfied, then the following provisions shall apply: i. Development of PARCEL 13 shall be limited to single-family,aiti o ,multi -family development ("Alternate Development Plan") of a total maximum density not to exce4_l_25 units. ii. The Alternate Development Plan shall be generally configured consiith the conceptual site plan attached hereto as Exhibit "C", subject to modifications as required by Collier County and other applicable governmental authorities. In accordance with this Section, all references herein to Site Plan shall automatically mean and refer to the foregoing plan attached as Exhibit "C". iii. Development standards applicable to the Alternate Development Plan shall be consistent with the Collier County Land Development Code. (b) ROADWAY OPTION. DECLARANT further acknowledges that the alignment of the entry roadway, Page 6 of 14 Packet Pg. 1724 OR 6177 PG 54 17.B.c as depicted on the site plans attached as Exhibit "B" and Exhibit "C" hereto, is over and across a parcel of land currently owned by Collier County. DECLARANT and DEVELOPER agree that, as an alternative, the entry roadway and the internal roadway network for Parcel 13 (as depicted on Exhibits "B" and "C" hereto) may be replaced, in the discretion of DEVELOPER, to that depicted on Concept C Site Plan attached hereto and incorporated herein by reference as Exhibit "D". In such event, all references to "Site Plan" herein shall automatically incorporate the entry roadway and internal roadway network depicted in the Concept C Site Plan, subject to reasonable adjustments recommended or required by governmental agencies. (c) Except ai�`e4p&ly modified hereby, all other provisions of this Declaration shall continue in full force and effect. ' .- (a) DECLARANT will use "Reasonable Business/District Judgment" when exercising its rights or discretion under this DECLARATION, including approvals and the administration of PARCEL 13 except where DECLARANT has reserved "sole discretion." "Reasonable. Business/District Judgment" means that DECLARANT has a business or DISTRICT basis and has not acted in bad faith or in a way that intentionally interferes with development and reviews all applicable matters with expediency and without unnecessary delay. In furtherance thereof, DECLARANT shall review any matter requiring its approval and issue its denial, approval, or stipulated approval with reasonable and specified conditions required to meet its final approval, within sixty (60) calendar days of receipt. (b) In the event of a breach or alleged breach by the PROPERTY OWNER'S ASSOCIATION as provided hereunder, prior to the DECLARANT exercising any self-help rights as may be available hereunder, DECLARANT must provide the PROPERTY OWNER'S ASSOCIATION thirty (30) days' prior written notice with an opportunity to cure the noncompliance. If the PROPERTY OWNER'S ASSOCIATION fails to cute or commence to cure the noncompliance within such thirty (30) day period, then DECLARANT may exercise such self-help rights. If the PROPERTY OWNER'S ASSOCIATION commences to cure the noncompliance during such thirty (30) day period, then for so long as the PROPERTY OWNER'S ASSOCIATION diligently continues to cure the violation, DECLARANT shall not be entitled to exercise self-help rights. In addition, in the event of a default under this DECLARATION, each the DECLARANT, the DEVELOPER, an OWNER, and the PROPERTY OWNER'S ASSOCIATION (as applicable, a "Party") shall have all remedies at law: or in equity; provided, however that in no event shall any Party be entitled to recover any consequential, speci'ai, indirect or punitive damages. Notwithstanding the foregoing sentence, except as otherwise provided herein[; no `Party shall be in default under this Declaration until the non -defaulting Party has failed to cure the default for o period of thirty (30) days after receipt of written notice with an opportunity to cure. f 4. AMENDMENT. Any modification of the terms and conditions of this Declaration shall require the prior written approval of DECLARANT which DECLARANT may withhold, in its reasonable discretion, and shall be recorded in the public records of Collier County. 5. DECLARATION RUNS WITH THE LAND. Page 7 of 14 0 a: c .o c M LO N IV N LO M ti Packet Pg. 1725 OR 6177 PG 55 17.B.c The covenants, conditions, restrictions and other provisions under the DECLARATION shall run with the land and bind the property and shall inure to the benefit of and be enforceable by DECLARANT for a term of thirty (30) years from the date this DECLARATION is recorded, after which time these provisions shall automatically be extended for successive periods of ten (10) years. Any time after the initial thirty (30) year period provided for in this Section, these provisions may be terminated or modified in whole or in part by the recordation of a written instrument providing for the termination or modifications executed by the DECLARANT. Each OWNER,;-. il co ` ` , g title to any real property or any portion thereof in PARCEL 13 thereby affirmatively agrees ais to and affirmatively provides their agreement and consent to the DECLARANT to record or re-record thl RATION at any time, including at any time prior to thirty (30) years from the date that this DECLARA; /ON ;;s originally recorded and prior to thirty (30) years from the date that this DECLARATION is may . • Te orded; and. upon this DECLARATION being re -recorded, further affirmatively consents to and vely provides their consent to and agrees that the real property described on the attached Exhibit "A" ("PAR.`L 13") will continue to be bound by the covenants, conditions, restrictions and other provisions under this DECLAA/P4RQEL N. For purposes of clarity, any amendment or modification to this DECLARATION, other than for exf"ts operation in accordance with the foregoing, shall require the prior, written consent of the DEVELOPE13 in a recorded instrument, and, after turnover of control of the PROPERTY OWNERS ASSOCIATIQN-44 the OWNERS, the prior, written consent of the PROPERTY OWNERS ASSOCIATION, in a recorded'1n*tkrn�nt 6. ENFORCEMENT In the event of any violation of any of th6"' .e either for injunctions, action for actual damages of h' and reasonable attorney's fees in addition to other alip the prevailing party in any litigation, and in any appell DECLARATION. 7. NO WAIVER. herein, a Party may bring action at law or in equity, h remedy as may be available and recover all costs relief should the DECLARANT or any Party be W,6qdings, involving the enforcement of this (a) Any waiver by DECLARANT of any provisions of this DELLAJRATION or breach hereof must be in writing and shall not operate or be construed as a waiver of any otl _- ; royis,(ons or subsequent breach. (b) The failure of DECLARANT to enforce any restrictions, conditrb oyenant or agreement herein contained shall in no event be deemed a waiver of the right to do so therbt5�i the same breach or as to one occurring prior or subsequent thereto, nor shall such failure give rise to any'qr cause of action against the DECLARANT. `: 7. SEVERABILITY._ _ If any section, subsection, sentence, clause, phrase or portion of this doe u' ent is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 8. APPROVALS. Page 8 of 14 0 c 0 M LO N N LO M ti 04 Packet Pg. 1726 OR 6177 PG 56 17.B.c Requests for approvals of DECLARANT must be in writing and must be accompanied by a reasonable fee in an amount established by the DECLARANT, subject to change from time to time after notice and public hearing as provided in Section 190.035, Florida Statutes. ARTICLE IV DECLARANT'S LANDS OR PROPERTY ,� l No term, provisibt3, „Want, restriction or condition of this DECLARATION applies to any land, easement or interest in real property`; . CEL 13 owned, held, possessed, controlled, operated or maintained by the DECLARANT, or to any fati ,er improvements, owned, held, possessed, controlled, operated or maintained by the DECLARANT. IN WITNESS WHEREOFy P6;', The Islands Community Improvement District, a community development N, * �. district established pursuant to Chapt'*`, 0, Florida Statutes, does hereby execute this DECLARATION OF RESTRICTIONS AND PROTEC CCO , ENANTS FOR PARCEL 13, in its name by its undersigned authorized officer this _JJV day of 2022. [THE REMAINDER OF THIS P. Page 9 of 14 ONALLY LEFT BLANK, SIGNATURES ON J PAGE] 0 a_ 0 c LO N v N LO Cl) ti N Packet Pg. 1727 OR 6177 PG 57 17.B.c Signed, sealed and delivered in the presence of: Print Name: Print STATE OF FLORIDA COUNTY OF COLLIER Port Of The Islands Community Improvement District, a community development district established pursuant to Chapter 190, Florida Statutes fo��(n Qnt wasjacknowledged before me, in persori jb (ItAXAfL, as ChairNice-Chair of Port Of The community development district established pursuant to Chapter 190 development district, for the purposes herein expressed. He/�i rs FGLAURA A. ME04 WCOMMOMOMIewl . EXPM Febwy 7. 2M ft-*d Thu NoWy PWk ilia woo n Page 10 of 14 commission expires ! L day of, , 2022, by `-'ommunity Improvement District, a ttutes on behalf of the community i to me. (SEAL) 0 0 M LO N IV N LO M ti Packet Pg. 1728 OR 6177 PG 58 17.B.c OR 6177 PG 59 17.B.c Revised Property Description PARCEL A: A parcel of land loct_ed in the East 1/2 of Section 4, Township 52 South, Range 28 East, Collier County�41o��, being more particularly described as follows: Beginning at the fdcf'Epst comer of Section 4, Township 52 South, Range 28 East, Collier County, Florida, then61h South 00019'01" West, along the East line of the Northeast 1/4 of said Section 4, for a .di" ce of 2387.39 feet; thence run North 89040'59" West, perpendicular to the line of the Northeast 1/4 of said Section 4, for a distance of 137.82 feet to a point on thg<.Easterly line of a Service Roadway Easement; thence run North 0000555" East, along- th, asterly line of said Service Roadway Easement, for a distance of 3.19 feet; thenco n North 89054'05" West along the Northerly line of said Service Roadway Easement, or<a��'t?nce of 35.00 feet; thence run South 00°05'55' West, along the Westerly line of said SdrviicJ Roadway Easement, for a distance of 3.06 feet; thence run North 89040'59" West<c� " tance of 77.18 feet; thence run South 00019'01" West, parallel with the East line oft Y east 1/4 of said Section 4, for a distance of 299.88 feet; thence run South 00020 i35t, parallel with the East line of the Southeast 1/4 of said Section 4, for a distance of; 350.0 ,.feet; thence run South 89039'47" East, for a distance of 79.78 feet to a point on the W%hM,~Vrly s erly,line of a Service Roadway Easement; thence run South 00°05'55' West, along line of said Service Roadway Easement, for a distance of 947.38 feet; th6e' "" North 89°39'47" West, for a distance of 213.29 feet; thence run North 00020'13" Ea r:clistance of 303.59 feet; thence run North 89°39'47" West, for a distance of 390.2e; nce run South 00020'13" West for a distance of 565.00 feet; thence run North 89039'47'§t for a distance of 124.74 feet; thence run South 00020'13" West, for a distance ar#y feet; thence run North 891D39'47" West, for a distance of 290.20 feet to a po on fie Easterly right-of-way line of the Fahka Union Canal; thence run North 00°30'33" Eas `a g the proposed Easterly right- of-way of said Fahka.Union Canal for a distance of 4124,,,I t; thence run North 45022'18" East, along the proposed Easterly right-of-way of said -Fahka Union Canal, for a distance of 224.67 feet; thence run North 89042'31" East, a o !ja proposed Southerly right-of-way of said Fahka Union Canal, for a distance of 675.fge.t-,thence run North 44042'31" East, along the proposed Easterly right-of-way of said jra—fik4 Union Canal, for a distance of 387.97 feet; thence run North 00030'33' East, along', t(he-ilhoposed Easterly right-of-way of said Fahka Union Canal, for a distance of 72.26 feet t�} $,p?int on the North line of the Northeast 1/4 of said Section 4; thence run North 89°42'31"'-ri8su along the North line of the Northeast 1/4 of said Section 4, for a distance of 65.00 feekto the Point of Beginning. Bearings refer to the East line of the Northeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00019'01" West. LESS AND EXCEPT FROM PARCEL A those certain lands conveyed in Official Records Book 4439, Page 1126, of the Public Records of Collier County, Florida and more particularly described as follows: 0 c .2 LO N IV N LO M ti Packet Pg. 1730 OR 6177 PG 60 17.B.c A parcel of land located in the East Half of Section 4, Township 52 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Begin at the Northeast corner of Section 4, Township 52 South, Range 28 East, Collier County, Florida; Begin at the Northeast corner`of. Section 4, Township 52 South, Range 28 East, Collier County, Florida; thence run S00f5 "E, along the East line of the Northeast Quarter of said Section 4, for a distance of 238Z.. ,_ = eet; thence run S89021'02"W, for a distance of 137.82 feet to a point on the Easterly I ne% ervice Roadway Easement as recorded in O.R. Book 1567, Page 1556, of the Publi ' '"ds.of Collier County, Florida; thence nun N00052'04"W, along the Easterly line of saioadway Easement for a distance of 3.19 feet; thence run S89007'56"W, along t o ,herly line of said Service Roadway Easement for a distance of 35.00 feet; thence run S001.52' "E, along the Westerly line of said Service Roadway Easement for a distance o:M eet; thence run S89°21'02"W for a distance of 77.18 feet; thence run S00038'58"E, for'a' istance of 69.43 feet; thence run S89032'34"W, for a distance of 111.67 feet; the a rur►.-146°46'08"W, for a distance of 125.85 feet; thence run N 53015'08"W, for a distance of! 24 9 _feet; thence run S89032'34"W for a distance of 242.59 feet; thence run N46°461(�t;. „ a distance of 199.70 feet to a point on the proposed Easterly right-of-way lind\ t; hka Union Canal; thence run N00�27'Z6"W along the proposed Easterly right -of ?v i` of the Fahka Union Canal for a distance of 1455.84 feet; thence run N44124'19"F a proposed Easterly right-of-way line of the �p�g .; .. P P Y 9 Y Fahka Union Canal for a distance of 224.411 e tr thence run N881144'32"E, along the proposed Easterly right-of-way line of the�`f.a ion Canal for a distance of 676.00 feet; thence run N43144'32"E, along the proposeQ8' right-of-way line of the Fahka Union Canal for a distance of 387.97 feet; thence re'. 0,..; 7'26"W, along the proposed Easterly right-of-way line of the Fahka Union Canal for'I> of 72.26 feet to a point on the North line of the Northeast Quarter of said Section,' ce run N 88044'32"E, along the North line of the Northeast Quarter of said Sectio>i t istance of 65.00 feet to the Point of Beginning. PARCEL B: A parcel of land located in the Southeast 1/4 of Section 4, T6Y+ M 52 South, Range 28 East, Collier County, Florida, being more particularly described a"s,�"s: Commence at the Northeast corner of the Southeast 1/4 of Sectio��77'fV'K hip 52 South, Range 28 East, Collier County, Florida; thence run South 00020'13":,jWi k -long the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 Eases;' oilier County, Florida, for a distance of 350.00 feet to the Point of Beginning of the pare-, n land herein described; thence continue South 001020'13" West along the East line o� a Southeast 1/4 of said Section 4, for a distance of 947.37 feet; thence run North 89039'47" West, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 131.28 feet to the East line of a Service Roadway Easement; thence run North 00005'55" East, along the East line of said Service Roadway Easement, for a distance of 947.38 feet; thence run South 89039'47" East, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 135.22 feet to the Point of Beginning. Bearings refer to the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00020'13" West. 0 0 M LO N IV N LO M ti Packet Pg. 1731 OR 6177 PG 61 17.B.c LESS AND EXCEPT FROM PARCEL B those certain lands conveyed in Official Records Book 4522, Page 2249, of the Public Records of Collier County, Florida and more particularly described as follows: A parcel of land located in a portion of Section 4, Township 52 South, Range 28 East, Collier County, Florida,.,beg more particularly described as follows: Commence av&e46Aheast corner of the Southeast Quarter of Section 4, Township 52 south, Range 28 as$,-_, Ilier County, Florida; thence run S00037'46"E, along the East line of the southeast Qu r_ter said Section 4, for a distance of 350.00 feet to the Point of Beginning of the paT ofaapd herein described; thence continue 500037'46"E, along the East line of the Southea, u6rter of said Section 4, for a distance of 334.23 feet; thence run N45037'46"W, for' distance of 269.88 feet to the beginning of a tangential circular curve concave Northeast r8s gth ce run Northwesterly along the arc of said curve to the right, having a radius of U; eet through a central angle of 45100'00" subtended by a ar' � chord of 63.14 feet at a beg of-N2,3007'46"W, for a distance of 64.80 feet to the end of said curve; thence run N00137'4"O i jor a distance of 85.06 feet; thence run N89022'14"E, for a distance of 215.00 feet to the flo(nt:,of Beginning. Bearings shown hereon refer to the",,Rs li Township 52 South, Range 28 East,lie AND PARCEL C: A parcel of land located in the Southeast 1/4 East, Collier County, being more particularly of the Southeast Quarter of Section 4, aunty, Florida as being S00037'46"E. 4, Township 52 South, Range 28 is follows: Commence at the Southeast corner of Section 4, TOW.inshfl run N 00020'13" E along the East line of the South6 of 1389.61 feet; thence N 89139'47" W for a distance"f' Beginning of the parcel of land herein described; thence n 261.41 feet; thence run N 89039'47" W for a distance of 00020'13" E for a distance of 565.00 feet; thence run S 85 390.26 feet; thence run S 00020'13" W for a distance of 3 Beginning. 52 South, Range 28 East; thence of said Section 4 for a distance 9: 7 feet to the Point of 00020'33" W for a distance of .26 feet; thence run N 9' for a distance of 3.J66-t.-_to the Point of 0 c LO N v N LO M ti Packet Pg. 1732 OR 6177 PG 62 17.B.c PARCEL 13 SITE PLAN A ---------- ------------------------------ / --------------------- ------ --------------------------------------------- ------------- ------------------ oLLAL: L _MWBM-mm- ------------------ up"m — ------ --- 4'. —77— BEER-- ogggg" CONCEPT SITE PLAN GradMnor PORT OF THE ISIANDS S"ftiir 19, 2022 Cm bm.r.n - L-ft"p. AP&— I Packet Pg. 1734 1 OR 6177 PG 64 17.B.c ALF! V - 100 I , PARCEL 13 - SITE PLAN B CONCEPT SITE PLAN 8 PORT OF THE ISLANDS Sople"r 19, 2022 F— -7 —---------------m --------- -------gym , ------ mom.- m:: - 0 GradyNhnor oml &.e.— . Wd ft-y- I Packet Pg. 1736 1 OR 6177 PG 66 17.B.c - --------------------------- w a r� PARCEL 13 - SITE PLAN C CONCEPT SITE PUN C PORT OF THE ISLANDS 9**rnber 19, 2022 LM..uw -- L J 1--- f—.. . �, —} I -L -_ .�,- -i- - - - ® GradyMtnor CMlgyprw •Lew fmnMn �s..o.. t+d.y.usiww Packet Pg. 1738 17.B.e Attachment 4 Legal Ad and Sign Posting cc O c 0 uO N 1* N le LO M N aI C N O d C _T N C O Q M d J Q Packet Pg. 1739 17.B.e (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement 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(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS jJAAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAID-,P,EVELoPm4NT obEE ON THE PARCEL COVERED IN PETITION NUMBER(S) PL20220004175. 1 rr Q t 3800 Via Del Rey SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX Sharon Umpenhour as Senior Planning Technician for Q. Bonita Springs, Florida 34110 Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) CITY, STATE ZIP STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was sworn to and subscribed before me this 24 day of October , 2023, by Sharon Umpeenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A., personally known to me erne as ideatifie- and who diEWdid not take an oath. �+Y'ya�•, CARIN J, DWYER Signature of N ary Public ' 1�i _ MY COMMISSION # GG =2367 �• . +tea; EXPIRES: May 14, 2024 Bonded Thnr Notary Publk Underwriters My Commission Expires: (Stamp with serial number) Carin J. Dwyer Printed Name of Notary Public R 0 c 0 u� N qe N M ti N Rev. 3/4/2015 Packet Pg. 1740 17.B.e PUBLIC HEARING NOTICE 12425 UNION ROAD RPUD REZONE PETITION NO. PL20220004175 CCPC: NOVEMBER 16, 2023 - 9:00 A.M. BCC: JANUARY 9, 2024 - 9:00 A.M. COLLIER GOVERNMENT CENTER, 3299 EAST TAMIAMI TRAIL, 3RD FLOOR,t�- �� NAPLES. FL 34112 i ERIC ORYMAN 239-252-1032 - No" voo 11, SitY i s.�r. Packet Pg. 1741 )-735q 17.B.f NOTICE OF PUBLICHEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County -Board of County Commissioners (BCC) at 9:00 A.M. on January 9, 2024, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL to consider. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE MMU DESCRIBED REAL PROPERTY FROM A RESIDENTIAL TOURIST PM ZONING DISTRICT AND CONSERVATION jCON) ZONING DISTRICT TO A: RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS THE 12425 UNION ROAD RPUD TO ALLOW UP TO 109 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED IN PORT OF THE ISLANDS, APPROXIMATELY % MILE NORTH OF TAMIAMI TRAIL EAST (US 41) AT 12400 AND 12425 UNION ROAD, IN SECTION 4, TOWNSHIP 52, RANGE 28, COLLIER COUNTY, FLORIDA, CONSISTING OF 51.5m ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL202200041751. .:._----------------....._... _..... ...... ....... r ..... _. _ ... _...... Project tl .p Loco on i S i .... _......... { A ropy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our- county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can parficipate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@cclliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KiNZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Medine Forgue, Deputy Clerk (SEAT-) No138178 a r W Packet Pg. 1742 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects November 30, 2022 Mr. Eric Ortman Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 RE: 12425 Union Road RPUD Rezone (PL20220004175), Submittal 1 Dear Mr. Ortman: A Collier County application for Public Hearing for a Planned Unit Development (PUD) rezone for property located at 12425 Union Road. The PUD rezone proposes to rezone the 51.5± acre property from the RT, Residential Tourist Zoning Districts to the 12425 Union Road Residential PUD to allow a maximum of 109 residential dwelling units. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for PUD Rezone 3. Evaluation Criteria 4. Pre -Application Meeting Notes 5. Affidavit of Authorization 6. Property Ownership Disclosure Form 7. Covenant of Unified Control 8. Addressing Checklist 9. Warranty Deed(s) 10. Boundary Survey 11. Environmental Data 12. Traffic Impact Study 13. School Impact Analysis 14. PUD Exhibits A-F 15. Deviations and Justifications Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Mr. Eric Ortman RE: 12425 Union Road RPUD Rezone (PL20220004175), Submittal 1 November 30, 2022 Page 2 of 2 Please feel free to contact Francesca Passidomo at 435-3535 or me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Alligator Preserve, LLC Francesca Passidomo, Esq. GradyMinor File (POTISF) EST. 1971 WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW February 9, 2023 MARK1 w000WARD RovdGaafiaERd Plea �m Heidi Ashton-Cicko Pbnml Daebpnc,Law Assistant County Attorney ANFHOWP.P]REs.1R mmca:ccn Collier County Growth Management Department 2800 Horseshoe Drive N. J.CHRISEOPHERLOmaAROO Naples, Florida 34104 A OWJ. DUAORA ''ardh adOH Re: Rezone to PUDZ ("PUDZ'); 12425 Union Road; PL LENORET. BRAKEFlELD 20220004175; Utility Availability and Road Access Dear Heidi: CR,vc A WOOIIWAAD It is my understanding from Francesca Passidomo, the attorney for Mr. Case, the applicant in the above -noted application PL20220004175, that KENNETHYMUNM Collier County staff has certain questions with regards to utility availability for Z��W � the proposed development and access over Union Road to the property that is the subject of the PUDZ. CAMERONG.WOODWARD RO1 MNH NY This law firm acts as retained District Counsel to the Port of the Islands F.SconrA ul Community Improvement District (POICID). POICID, on September 23, CHRISTOPHERR.HEFll 2022, by Special Warranty Deed recorded at Official Records Book 6177, Page 68, Public Records Collier County, Florida, conveyed to Lindsay Case (the PUDZ Applicant), an approximately forty-eight (48) acre tract that is the majority of the land which is the subject matter of the PUDZ application.] As part of the purchase and sale of the property from POICID, a number of documents were executed between Mr. Case as purchaser and POICID as seller. These include a Closing Agreement [Utility ERCs] between Mr. Case and POICID recorded at Official Records Book 6177, Page 39, Public Records of Collier County, Florida, (Exhibit "A" attached hereto); and a Public Utility Easement and Relocation Agreement between Mr. Case and POICID recorded at Official Records Book 6177, Page 80, Public Records REPLVTO: Collier County, Florida. (Exhibit "B" attached hereto). ® 3200 TAMIAMI TRAIL N. SUITE2W With regards to the availability of utility services to the Subject NAPLES, FL M103 n9-649-6555 Property, based upon the plans that have been submitted to Collier County, 339-`"97342FAX 109 POICID Utility ERCs are needed by Mr. Case to develop the property as ❑ W6BALDEAGLE DRWE proposed under the PUDZ application. I have been advised that David SDO Schmitt, P.E., the District Engineer, has verified that there is presently PONE O BM M O[SLANOFL34146 sufficient capacity in the POIICD utility system for this requirement. n9-394-5161 n9-642-6402 PAX WNN✓.WPL-LEGAL.COM 1 The approximate 48-acre parcel has Collier County Property Appraiser Parcel #01058920005. Currently Mr. Case has an agreement with POICID, the attached Closing Agreement [Utility ERCs], reserving, under certain conditions, 103 Utility ERCs from POICID. Additionally, the property that is the subject matter of the PUDZ application possesses an additional 4.8 Utility ERCs acquired by or assigned to the property identified by Collier County Property Appraiser Parcel # 0158920513. It is my understanding from Mr. Case's counsel that Mr. Case will request to reserve and purchase an additional 1.2 Utility ERCs from POICID in order to obtain 109 Utility ERCs for the property that is the subject of the PUDZ Application. Please note that while Mr. Case has 103 Utility ERCs reserved for the property, such Utility ERCs remain the property of POICID until such time as Mr. Case or his successor in title makes timely payments for such reserved Utility ERCs as outlined in the Closing Agreement [Utility ERCs]. With regards to access to the property over Union Road, POICID owns that road known as Union Road depicted on the attached Exhibit "C" x, that POICID road provides general public access to and from the property that is the subject of the PUDZ, Parcels #0105892005 and 0158920513 on and over the road owned, funded and maintained by the District known as Union Road, and access to Parcel #0105892005 is insurable under the title policy issued in conjunction with the purchase and sale of Parcel #0105892005. If you have any questions, please do not hesitate to contact me. Sincerely, nth ny P. P' , Jr., Es . APPAg Enclosure(s) 1 Collier County Property Appraiser Parcel Numbers: #01067080305; 01058920306; and 01058920403. INSTR 6332734 OR 6177 PG 39 RECORDED 9/23/2022 3:21 PN PAGES 9 CLERK OF THE CIRCUIT COURT AND COMPrROLLER, COLLIER COUNTY FLORIDA REC $78.00 CLOSING AGREEMENT [Utility ERCSI # E� This Closing Agreement ("Agreement") is entered into as of September 22, 2022 (the "Effective Date"), �y and between The Port of The Islands Community Improvement District ('Dist, or "Seller with an address c/o Calvin Teague, Premier District Management, 3�WCLtlonial Blvd., Suite 101, Fort Myers, FL 33966 and Lindsay J. Case, and its successors(o—r �d/esignated assigns (collectively, the "Buyer"), with an address of 119 N Wahsatch kv U4,\Colorado Springs, Colorado 80903. Seller and Buyer are at times individually refem✓✓edto as a "Party" and collectively as the "Parties". WHEREAS, Seller and Buyer ale the parties to that certain Vacant Land Contract with an effective date of April 2S-2DP , and its Addendum, as amended (hereinafter referred to as the "Contract") for the "0 and purchase of the vacant real property described on the attached Exhibit "A" (the "Propett l and, Seller and Buyer agreed to enter into an � WHEREAS, pursuant to the agreement at Closing concen NOW THEREFORE, for and in consialoral conditions of this Agreement, and otgir' between the Parties, receipt of which ii follows: 1. Defined terms herein not otherwise of the premises, the terms, covenants and )d and valuable consideration exchanged e wledged, the Parties hereto agree as herein shall have the same meaning as such terns are defined in the LiOrlrw.. e. 2. The term Buyer includes the heirs, successors 1101ronal representatives and assigns of the Buyer and subsequent grantees and ogtnf the Property. 3. Upon the receipt by Seller at Closing of the Purcha$e(Orl, Seller will reserve 100 Seller owned Utility ERCS for the Property for a period no3gre�t@r than four (4) years from September 22, 2022 (i.e., September 22, 2026). 4. The 100 Seller owned Utility ERCS that Seller will reseo/efo tie Property remain the property of the Seller until such time as the Buyer makes imely payment for such reserved Utility ERCS. The reserved Seller owned llijNCS will be assigned/allocated to the Property at the time of building permit issuance or earlier upon Buyer making payment to the Seller of the amount of $16,000 per Seller owned Utility ERC as follows, subject to reasonable extension due to Force Majeure events: 1. not less than $528,000 for 33 Utility ERCS no later than September 22, 2024; 2. not less than $528,000 for 33 Utility ERCS no later than September 22, 2025; and, 3. not less than $544,000 for 34 Utility ERCS no later than September 22, 2026. Buyer may prepay or accelerate the payments. In addition the foregoing reservation of 100 Utility ECRs, in the event Buyer (or Buyer's assign) acquires title to that certain real Page 1 of 7 OR 6177 PO 40 property owned by Union Road, LLC, a Florida limited liability company adjacent to Parcel 13, then Seller shall also reserve 3 Utility ERCSs to Buyer for the same period (i.e., September 22, 2026). Once payment is made, the Seller shall convey the purchased ERCs by Resolution, Bill of Sale or such other documentation consistent with Seller's typical procedures, free of any liens or encumbrances, and the ECRs shall be the extldsii^a property of the Buyer. 5. The Buyer, Cr by\ elf, and for the heirs, successors, personal representatives and assigns of tuyer and subsequent grantees and owners of the Property, acknowledges, conseqWlto'and agrees, that from and after each date that Utility ERCS are assignedtallocated to the roperty as a result of the payment by the Buyer of the amounts outlined above;..' r will levy and impose annual utility non ad -valorem assessments on the Prop based upon the number of fully paid for Utility ERCS assigned/allocated by Seler,,��tthe Property. This Paragraph 5 shall survive the termination or expiration of thl� Aement. 6. Upon the failure of Buyer to Yime�'gay any of the amounts outlined in Paragraph 4 herein, Seller shall send the Buyer�,wfdt notice of non-payment and default ("Notice of Default"), delivered in accordance Hu biNrovisions of Paragraph 11.i) below. 7. If Buyer fails to timely pay any of thcs s outlined in Paragraph 4 herein within thirty (30) calendar days after receipt of a tice of Default from the Seller, then all Seller owned Utility ERCS for which Buye, knot timely made payment will no longer be reserved, shall not be assigned or a ahed or assigned to the Property or Buyer, this Agreement shall stand terminated, arfdhall have no further obligation to reserve, assignor allocate any Seller owned Utijit to the Property or the Buyer. The foregoing notwithstanding, if Buyer, within said th ) day period delivers to Seller in writing a good faith request for an extension of time for mp�g a payment installment with substantial good cause shown (the "Extension13egybst"), Seller agrees to reasonably consider Buyer's request to devise a new payA� an. If Seller has not agreed to a revised payment plan within thirty (30) days aff9[ re of of the Buyer's Extension Request, then this Agreement shall stand terminated- . J 8. If any of the provisions of this Agreement, or the application thereof, shall for any reason or to any extent be construed by a court of competent jurisd' n o be invalid or unenforceable, the remainder of this Agreement shall remain in effect and shall be interpreted so as best to reasonably effect the intent of the Parties. 9. The covenants set out in this Agreement shall run with and bind the Property, and shall inure to the benefit of and be enforceable by the District and the Buyer, and their respective representatives, transferees, successors and assigns. 10. This Agreement contains the entire agreement between and among the Parties Page 2 of 7 OR 6177 M 41 10. This Agreement contains the entire agreement between and among the Parties with regard to the matters set forth herein. 11.This Agreement and its Exhibits may not be changed, waived, discharged, or terminated orally o{ in writing, except by a writing signed by all of the Parties. 12.This Agreem� has been negotiated by and between the Parties and shall not be construed agairdt arty' the Parties as the "drafter" of the Agreement. 13. The headings he� }ovisions herein are intended for convenient reference only, and the same shall nQ"e,`nor be deemed to be, interpretative of the contents of such provision. 14.This Agreement shall b�binding upon and inure to the benefit of the Parties hereto, their respective heirs, legal eprepentatives, transferees, grantees, tenants, successors and assigns. Buyer shall have the right to assign this Agreement to a successor owner of the Property or any portion thereoft 15.This Agreement shall be governed by'Florida law. The exclusive venue and jurisdiction for any action arising out of th*,Agreement is in a Florida State Court of appropriate jurisdiction in Collier CouQFlor'da. 16. Upon a default hereunder, in addition apyy remedies available under applicable law, the Parties stipulate and agree that the tarms,of this Agreement may be enforced by specific performance. In the event of any litigat� between the Parties arising out of this Agreement, the prevailing party shall be "led to recover all of its reasonable attorneys' and paralegals' fees, costs, and expenses incurred in any and all trial, appellate, and postjudgmentproceedings. l') 17.This Agreement may be signed by the Parties in duplicate counterparts, and counterparts of the signature pages may be combined to ate an original document binding on all of the Parties hereto and together shall cormsflute, one and the same instrument, and a facsimile or email of an original signature wilY66 deemed an original. 18.A11 notices required to be provided herein shall be provided�to`thg parties at the addresses listed on the first page hereof (unless an address is madified in writing by providing notice to the other party) by either hand delivery, U.S Mail poAage prepaid or courier service. 19. The time for performance by either party of any of its obligations under this Agreement will be extended for a period of time equal to any period of delay experienced, or the number of days lost, due to any of the following ("Force Majeure"): strikes, civil riots or commotion, war, invasion, acts of terrorism, explosion, fire or other casualty, sabotage, theft, vandalism, Acts of God, labor disputes, unavailability of labor or materials, hurricane, tropical stone, tornado, or other adverse weather conditions, building moratoria, or act or failure to act of governmental authorities (including failure OR 6177 P 42 or delay in issuing necessary approvals, permits, and licenses), act or failure to act of third -party utility service providers, or other causes or events beyond the reasonable control of the Party obligated to perform such obligations. 20. The interest of Buyer in and to this Agreement may be assigned to the successor -in -tit e ffi Parcel 13. Upon such assignment being completed, the Buyer, and any successor, a0pelicable, assigning its interest in and to this Agreement shall be relieved of any fdr4wr responsibility from and after the date of the assignment. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the Effective Date. i [SIGNATURES ON FOLLOWING PAGES] i r [THE REMAINDER OF THIS'fl IS INTENTIONALLY LEFT BLANK] � l i, _o OR 6177 M 43 WITNESSES: Printed Printed Name: STATE OF COUNTY OF BUYER: LINDSAMASE Signature: The foregoing . trument wad 46kApwiedged in person before me this 2022, byLiq4say Case. He either ❑ is ersonal kno to .„" or has produced My Commission Expires: 1/JRA A GREGG i V4 W=01M IMI vM8--.rwv ?'2w '+?av'h^`: BanleCllvu WY>PLIc IYMrwY�i (AFFIX NOTARY SEAL) Notary Public, Sta I )3 (Commission Number. if any) OR 6177 P 44 ATTEST: SELLER PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Signature: Title: Chair/Vice-Chair STATE OF FLORIDA 4� \ COUNTY OF COLLIER\.` I HEREBY CERTIFY that on Apy ay me, in person, an officer dul ual'fiied; o tal and the Port Of The Islands Community Impro� government organized and existing under Ri to be the persons described in and who acknowledged before me that they executed My Commission Expires: 7/0ff " 2022, before Nledgr nts, personally appeared ,/(, Chairman/Vice Chairman of listrlct, a unit of special purpose the State of Florida, to me known d the foregoing instrument and L / (Si nature) ' Name:lli9' �''^'•. wcau�aarrixraseoi . :� X�` IXPIRES:FWUYr7, 2020 (Legibl .Pri ) Notary Public, State ofF1 a (Commission Number, if any) OR 6177 PG 45 EXHIBIT "A" Revised Property Description PARCEL A: � A parcel of land to to in e East 1/2 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, be�ngimore particularly described as follows: Beginning at the Northeast com�'''e��r of Section 4, Township 52 South, Range 28 East, Collier County, Florida; thence roil 00°19'01" West, along the East line of the Northeast 1/4 of said Section 4, for a distan of 2387.39 feet; thence run North 89°40'59" West, perpendicular to the East lin of th✓✓e Northeast 1/4 of said Section 4, for a distance of 137.82 feet to a point on the Easterly line of a Service Roadway Easement; thence run North 00°05'55" East, along the Eaterly line of said Service Roadway Easement, for a distance of 3.19 feet; thence run North 89-54'05" West along the Northerly line of said Service Roadway Easement, for a distance of 35.00 feet; thence run South 00°05'55" West, along the Westerly line of said Service"dw y Easement, for a distance of 3.06 feet; thence run North 89040'59" West for a d ce Of 77.18 feet; thence run South 00019'01" West, parallel with the East line of the N he t�/4 of said Section 4, for a distance of 299.88 feet; thence run South 00°20'13" Mst, atallel with the East line of the Southeast 1/4 of said Section 4, for a distance of 350.03eta thence run South 89039'47" East, for a distance of 79.78 feet to a point on the Westerif'line f f a Service Roadway Easement; thence run South 00°05'55" West, along the Westerjy'rine of said Service Roadway Easement, for a distance of 947.38 feet; thence rd(i aortiA9-39'47" West, for a distance of 213.29 feet; thence run North 00°20'13" East, for a distance of 303.59 feet; thence run North 89°39'47" West, for a distance of 390.26 feet; CfiEnce n South 00°20'13" West for a distance of 565.00 feet; thence run North 89°39'47" West Va distance of 124.74 feet; thence run South 00°20'13" West, for a distance of 394.41 feet; thence run North 89°39'47" West, for a distance of 290.20 feet to a point on th�—I asterly right-of-way line of the Fahka Union Canal; thence run North 00030'33" East along proposed Easterly right- of-way of said Fahka Union Canal for a distance of 4124.12 feet; p%ltiae run North 45°22'18" East, along the proposed Easterly rlght-of-way of said ahk Is& Union Canal, for a distance of 224.67 feet; thence run North 89°42'31" East, along tie prdposed Southerly right-of-way of said Fahka Union Canal, for a distance of 676.00 feet; tbe/c$ run North 44°42'31" East, along the proposed Easterly right-of-way of said Fahka Union Canal, for a distance of 387.97 feet; thence run North 00°30'33" East, along the prop65€dtasterly right-of-way of said Fahka Union Canal, for a distance of 72.26 feet to a point on the North line of the Northeast 1/4 of said Section 4; thence run North 89°42'31" East, along the North line of the Northeast 1/4 of said Section 4, for a distance of 65.00 feet to the Point of Beginning. Bearings refer to the East line of the Northeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00039'01" West. OR 6177 PG 46 LESS AND EXCEPT FROM PARCEL A those certain lands conveyed In Official Records Book 4439, Page 1126, of the Public Records of Collier County, Florida and more particularly described as follows: A parcel of laq4,lio in the East Half of Section 4, Township 52 South, Range 28 East, Collier County, FI ,oPqdarjelng more particularly described as follows: Begin at the Northeast corner of Section 4, oo ' ship 52 South, Range 28 East, Collier County, Florida; Begin at the Northeast comer d St dd 4, Township 52 South, Range 28 East, Collier County, Florida; thence run S00°38' E,' ` , p the East line of the Northeast Quarter of said Section 4, for a distance of 2387.39 f thence run S89021'02"W, for a distance of 137.82 feet to a point on the Easterly line of a Sery1ce oadway Easement as recorded In O.R. Book 1567, Page 1556, of the Public Recor lier County, Florida; thence run N00°52'04"W, along the Easterly line of said Service R dway Easement for a distance of 3.19 feet; thence run S89°07'56"W, along the No erly jjna, of said Service Roadway Easement for a distance of 35.00 feet thence run SOD°52'0E,.Jong the Westerly line of said Service Roadway Easement for a distance of 3.06 feel; t ce run S69021'02"W for a distance of 77.18 feet; thence run SOO°38'58"E, for a distan a 9.43 feet; thence run S89032'34"W, for a distance of 111.67 feet; thence run $ 8"W, for a distance of 125.85 feet; thence run N 53°15'08"W, for a distance of 424.9ence run S89°32'34"W for a distance of 242.59 feet; thence run N46°46'08"W, fea 9k nce of 199.70 feet to a point on the proposed Easterly right-of-way line of the ion Canal; thence run N00°27'26"W along the proposed Easterly right-of-way litre of Fahka Union Canal for a distance of 1455.84 feet; thence run N44°24'19"E along P�4�,}^"� sed Easterly right-of-way line of the Fahka Union Canal for a distance of 224.67 fearlLtiaX' run N88°44'32"E, along the proposed Easterly right-of-way line of the Fahka Uh nal for a distance of 676.00 feet; thence run N43044'32"E, along the proposed East "1` 9 of -way line of the Fahka Union Canal for a distance of 387.97 feet; thence run 14000, 1116°.,: along the proposed Easterly right-of-way line of the Fahka Union Canal for a dista4aq f,17.26 feet to a point on the North line of the Northeast Quarter of said Section 4; [ run N 88°44'32"E, along the North line of the Northeast Quarter of said Section 4 for a dicta- of 65.00 feet to the Point of Beginning. _ { PARCEL 5: A parcel of land located In the Southeast 1/4 of Section 4, Township'3.Sdilh, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of Section 4, 7 wnship 52 South, Range 28 East, Collier County, Florida; thence run South 00°20'13" West, along the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, for a distance of 350.00 feet to the Point of Beginning of the parcel of land herein described; thence continue South 00°20'13" West along the East line of the Southeast 1/4 of said Section 4, for a distance of 947.37 feet; thence run North 89°39'47" West, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 131.28 feet to the East line of a Service Roadway Easement; thence run North 00°05'55" East, along the East line of said Service Roadway Easement, for a distance of 947.38 feet; "' OR 6177 PG 47 **' thence run South 89°39'47" East, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 135.22 feet to the Point of Beginning. Bearings refer to the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00°20'13" West. LESS AND EXCFfi�F M PARCEL B those certain lands conveyed in Official Records Book 4522, Page 2249, the Public Records of Collier County, Florida and more particularly described as foli war' / A parcel of land localted'in a,yortion of Section 4, Township 52 South, Range 28 East, Collier County, Florida, being 7Xe4mrticularly described as follows: Commence at the Northeast corner of the Southeast Quarter of Section 4, Township 52 south, Range 28 East, Collier'Cnty, Florida; thence run S00°37'46"E, along the East line of the southeast Quarter of S Section 4, for a distance of 350.00 feet to the Point of Beginning of the parcel of land heron described; thence continue S00037'46"E, along the East line of the Southeast Quartef of said Section 4, for a distance of 334.23 feet; thence run N45^3746"W, for a distance,oL,269..88 feet to the beginning of a tangential circular curve concave Northeasterly; thence tun Northwesterly along the arc of said curve to the right, having a radius of 82.50 feet tqc ugh a central angle of 45°00'00" subtended by a chord of 63.14 feet at a bearing of N23p07'4W, for a distance of 64.80 feet to the end of said curve; thence run N00037'46"W, forp6' distance of 85.06 feet; thence run N89°22'14"E, for a distance of 215.00 feet to the Point of egginning, Bearings shown hereon refer to the East line ofihG.Southeast Quarter of Section 4, Township 52 South, Range 28 East, Collier Couaty,fk)dda as being S00"37'46"E. i AND PARCEL C: / A parcel of land located in the Southeast 1/4 of Sectionh,nship 52 South, Range 28 East, Collier County, being more particularly described a Ilowws: Commence at the Southeast comer of Section 4, Township 52 South, Range 28 East; thence run N 00"20'13" E along the East line of the Southeast 1/4 of said Section 4 for a distance of 1389.61 feet; thence N 89039'47" W for a distance of 379.57 feet to the Point of Beginning of the parcel of land herein described; thence run S OaO20J3" W for a distance of 261.41 feet; thence run N 89°39'47" W for a distance of 390.26 feet. tfia a run N 00°20'13" E for a distance of 565.00 feet; thence run S 89°39'47" E for dj6tance of 390.26 feet; thence run S 00°20'13" W for a distance of 303.59 feet to the t of Beginning. This instrument was prepared without an opinion of title and after recording return to: Francesca Pmidomo, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239)435-3535 INSTR 6312737 OR 6177 PG 80 RECORDED 912312022 321 PM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70 $0,70 REC $44.00 CONS$10,00 THIS PUBLIC UTILITY EASEMENT AND RELOCATION AGREEMENT, granted this N day of ' i�,_(%d2 2022, by: LINDSAY J. CASE, as Grantor, to PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT, its successors and assigns, as Grantee. WITNESSETH: that the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which are hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, an easement, license, and privilege for public utility purposes, including construction, installation, maintenance and operation of Grantee's utility facilities, in, on, over and under the lands as described in Exhibit "A" attached hereto and incorporated by reference ("Easement Area"). Grantor reserves all rights, titles, interests and privilege in and to the lands described herein, including, but not limited to, granting additional easements thereon, provided that such additional easments do not interfere with the rights granted to Grantee herein or to Grantee's utility facilities. Grantor shall have the right, in coordination with Grantee to avoid disruption or interruption of utility services, upon providing advance notice of not less than ninety (90) days to relocate utility facilities owned by Grantee located in the Easement Area, if any, from time to time, to locations approved in advance in writing by Grantee, all to occur at Grantor's sole cost and expense, and with plans and specifications approved in writing by Grantee, and Grantee will reasonably cooperate with such relocation efforts. Upon: A. the adoption of a resolution by Grantee accepting replacement permanent public utility easement(s) and the recording of such accepted replacement permanent public utility easement(s) in the Public Records of Collier County, Florida, together with a Bill of Sale for relocated utility facilities; or, B. upon the recordation of a subdivision plat acceptable to Grantee in the Public Records of Collier County, Florida of lands, encompassing the property described in Exhibit "A", with replacement public utility easement(s) acceptable to and dedicated to Grantee and accepted by Resolution of Grantee, together with a Bill of Sale for relocated utility facilities, Page 1 of4 the easement rights granted hereunder shall automatically terminate and be void and of no further force and effect. Such easement or plat shall provide for the grant or dedication of replacement, permanent public utility easement(s) to the Grantee for the purposes stated herein , but shall not necessarily include the same or the entire area described in Exhibit "A". IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents to be executed the date and year first above written. Witnesses: BY — Lindsay J.J2fie STATE OF Y�ILL LVl� ) ) ss. COUNTY OF The foregoin rusti�ment as lcknowledged before me by means of ) physical presence or ( ) o,nF3�e notarization iil ay of t2022 by Lindsay 1. Case, who i ) ersonally known to me or ( �.[ias produced YC / as evidence of id tificazion. (SEAL) (�?//z NOT�,ARV�� /ICI G (AURA A GREGG (Type or Print) p" MYCGMNISSIGRCMM 185607 My Commission Expires: la. EXPIRES:FWaary7,2026 `;?e:n4"eaMeeiNutbimr PubnclFdnwtlen [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] Page 2 of 4 ri- Witnesses: Port Of The Islands Community Improvement District, a community development district established pursuant to Chapter 190, Florida Statutes (Witn� By: as ChairNice-Chair (W' s2Print Naffri STATE OF FLORIDA COUNTY OF COLLIER pp'''' /rI^,e fQreSom ns men[ wa acknowledged before me, in person, [his day of mil, 2022, by ( IItY07 /I%W �� , as ChairNice-Chair of Port Of The ands CommImprovement District, a community development district established pursuant to Chapter 190, Florida Statutes on behalf of the community development district, for the purposes herein expressed. He/she is personally known to me. i uy+ IAURA AGREGG Prlgt Nam WCOMMISSIONMHN 185601 Notafy Public .�-`- EXPIRES: Febuary 7,2626 eoematM,NaenPw�unam.,nen My commission expires: (SEAL) Pace 3 of 4 F- 1 Exhibit "A" Easement Area Page 4 of 4 LEGEND H OR OFFICIAL RECURUS BOOK m PG PACES) o LL a a UE UNITY EASEMENT — n LCFC LEE COUNTY ELECTRIC COOPE9NNE quo 3 PARCEL 3 (OR 3936, PG 621) L7 Lu 000 L3 —' o/-- -- .,, L5 __. _. N —_-- / V� N POB --- —— j/ L9 L IT 1 _ --------- ------- ( 3936PARCE PG OR 621) oa— L12_________________________ �1� N ___ ROG SOUTHEAST CORNER OF PARCEL 8 °o n PROPERTY DESCRIPTION A UTILITY EASEMENT LYING IN PARCEL B OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3936, PAGE 621, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 8; THENCE ALONG THE SOUTH LINE OF SAID PARCEL B SOUTH 89"20'17 WEST, A DISTANCE OF 18.24 FEET THE POINT OF BEGINNING OF ME EASEMENT HEREIN DESCRIBEO. THENCE CONTINUE ALONG SAID SOUTH LINE, SOUTH 89'20'17' WEST, A DISTANCE OF 25,01 PEEL TO AN INTERSECTION WITH THE WEST BOUNDARY OF A MODIFIED UTILITY EASEMENT, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2973, PAGE 1692, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. THENCE ALONG SAID EASEMENT FOR ME FOLLOWING FIVE (5) BEARINGS AND DISTANCES (I) NORTH 0144'0C WEST. A DISTANCE OF 155.05 FEET: (2) THENCE NORTH 0509'21" EAST, A DISTANCE OF 148.67 FEET: (3) THENCE NORTH 002906" WEST, A DISTANCE OF 264.93 FEET. (4) THENCE NORTH 313630' WEST, A DISTANCE OF 4945 FEET; (5) THENCE NORTH 0903'13- WEST, A DISTANCE OF 57,96 FEET; THENCE DEPARTING SAID WEST BOUNDARY SOUTH 453943' EAST, A DISTANCE OF 34.99 FEET TO AN INTERSECTION WITH THE EAST BOUNDARY OF THE AFOREMENTIONED MODIFIED UTILITY EASEMENT: THENCE ALONG SAD EAST BOUNDARY FOR THE REMAINING BEARINGS AND DISTANCES, SOUTH 090313' EAST, A DISTANCE OF 26,43 FEET; THENCE SOUTH 31.3C30EAST, A D15TANCE OF 49,35 FEET; THENCE SOUTH 0029'06' FAST, A DISTANCE OF 273.13 FEET; THENCE SOUTH 0509'21" WEST, A DISTANCE OF 148,39 FEET', THENCE SOUTH 014413" EAST. A DISTANCE OF 154.01 FEET TO THE POINT OF BEGINNING. CONTAINING 16 593 SQUARE FEET, MORE OR LESS GradyMinor Civil Engineers Land Surveyors Planners CerL.o[AunLIH1111N5I5,l felt 1KAu111. 1.1111"05151 Bonlnl Springs: 239.949.1144 www,GradyMHnor.com PARCEL NO. OM58800002 I 0 40' 80' 160' SCALE: 1" = 80' THIS PLAN MAY HAVE BEEN ENLARGED OR REDUCED FROM INTENDED DISPLAY SCALE FOR REPRODUCTION REASONS NOTES I BEARINGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR FLORIDA EAST ZONE, 1983 DATUM WIN 2011 ADJUSTMENT 087AIMED UnLIZING RTK GPS OBSERVATIONS ON THE MOT NETWORK AND REFER TO THE SOUTH LANE OF PARCEL B, AS RECORDED IN OFFICIAL RECORDS BOOK 3936, PAGE 621, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING S 89'20'17- W. 2. DIMENSIONS SHOWN HEREON ARE IN US. SURVEY FEEL AND DECIMALS THEREOF. 3. MIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT ME ORIGINAL SIGNATURE AND SEAL OR THE DIGITAL SIGNATURE AND DIGITAL SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER. NO AMMONS OR DELETIONS TO THIS SKETCH & DESCRIPTION MAP ARE PERMITTED WITHOUT ME EXPRESSED WRITTEN CONSENT OF THE SIGNING PARTY. SKETCH AND DESCRIPTION QL Grady Minor antl800 Vial Del P.A. 3Ass Vie Bel Rey Bonito Springs, Florida 34134 UTILITY EASEMENT LINE TABLE LINE H BEARING DISTANCE LI S 89'20'17' W 18.24' L2 S 89-20'17 W 2501 L3 N 1'4406" W 155.05' L4 N Y09'21 E 148.67 L5 N 0'29'06' W 26493' L6 N 31-36'30" W 49.45' LJ N 0'03'13" W 57.96' LB S 45'39'43' E 34.99' L9 S 0'03'13' E 26.43' LIO 5 31'3630' E 49, 35' Lii 5 O'29'O6" E D3. 13' L112 39 48'' L3 I'9 014d Landscape Archl"CUS LYING IN 11 .mr a LU 211 SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST Fort Alycrs: 239.690.43110 COLLIER COUNTY, FLORIDA DRAVVN BY'. JOB CODE. POTTED SCALE: 1" = so - DAM: 8 SEPTEMBER 2022 1 of 1 N mwm Donald n9omfiy III,'X L. Sainlenoy MI Dah: p4'LON11JAW _ - 1644:49' acRIAD L. S AYCACY ll{ gSdd -1 2 UfiN j06I 1n 10Y ME nRM MAP LEGEND Major Roads sveet Kamm Parcels Adlals 2022 Rural IZFTI 1" Collier Cou my Number: 01067080305 : PORT OF THE ISLANDS Street# & Name: 12246 UNION RD ,i Build# / Unit#: 007 / Legal Description: 9 52 26 i PROPOSED ENTRANCE RD ESMT IN SEC 9 DESC IN OR 1567 PG 1554 �yTRI E ri O P u ankc rL 1 any Appraiser. While the Collier County Property Appraiser Is committed to providing the most accurate and up-to-date iMormation, no vJerranties expressed or implied are provided for the data herein, its use, or its interpretation. "IF" .fir. r� MAP LEGEND major Roads sees, N. Parcels Atends "" Rural ITrTi ■ calllm County Number: 01058920306 : PORT OF THE ISLANDS iat# & Name: d# / Unit#: 005 / at Description: 4 52 28 )POSED ENTRANCE RD ESMT IN : 4 DESC IN OR 1567 PG 1554, 1567 PG 1549 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-todate information, no sa rranties expressed or implied are provided for the data herein, its use, or its interpretation. MAP LEGEND rn.+p„ uo,e. SVeO Nam - ElPamela Aerials WU Rural I2F T I ■ collier county Folio Number: 01056920403 Name: PORT OF THE ISLANDS COMMUNITY Street# & Name: Build# / Unit#: 006 / Legal Description: 4 52 23 PROPOSED SERVICE RD ESMT DEED IN OR 1567 PG 1556, OR 1567 1549 20N. Collier County Property Appraiser, While the Collier County Property Appraiser is committed to providing the most accurate and Up-to-date information, no warranties e,yressed or implied are provided! for the data herein, its use, or its interpretation. 0 0117'er C;014 tty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone (PUDZ, PUDA, PUDR) PETITION NO: PL20220004175 PROJECT NAME: 12425 Union Road RPUD DATE PROCESSED: Z PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 GA of the Administrative Code Amendment to PUD (PUDA): LDC subsections 10.02.13 E; and 10.03.06.13; and Ch. 3 G.2 of the Administrative 11 Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Lindsay J. Case Name of Applicant if different than owner: Alligator Reach, LLC Address: 119 N. Wahsatch Ave City: Colorado Springs State: CO Zip: 80903 Telephone: 719.237.2623 E-Mail Address: sirlindsay64(@_gmail.com Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates, P.A. Cell: / Francesca Passidomo, Esq. / Coleman, Yovanovich & Koester, P.A. Address: 3800 Via Del Rey / 4001 Tamiami Trail North, Suite 300 City: Bonita Springs / Naples Telephone: 239-947-1144 Cell: E-Mail Address: warnold@gradyminor.com / fpassidomo@cyklawfirm.com If Property is under contract to be sold: Name of Property Buyer(s): N.A. Name of Applicant if different than buyer: Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: Telephone: E-Mail Address: 07/2022 City: City: Cell: Cell: State: FL ZIP: 34134 / 34103 State: ZIP: State: ZIP: Page 1 of 11 0 0117'er C;014 tty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov REZONE REQUEST This application is requesting a rezone from: RT, Residential Tourist Zoning district(s) to the 12425 Union Road RPUD zoning district(s). Present Use of the Property: Former RV Park, now vacant Proposed Use (or range of uses) of the property: Residential Original PUD Name: Ordinance No.: Not applicable Not applicable 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; • If required to do so at the pre -application meeting, the applicant shall submit four (4) copies of a recent survey (completed within the last six (6) months, maximum 1" to 400' scale), 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: 4 52 / 28 Lot: N.A. Block: N.A. Subdivision: N.A. Metes & Bounds Description: Plat Book: N.A. Page #: N.A. See Exhibit D of the PUD Document Property I.D. Number: 01058920005 and 01058920513 Size of Property: Irregular ft. x Irregular ft. _ .... ... .-32.;- Total Sq. Ft. Acres: 51.5+/- Address/ General Location of Subject Property: 12425 Union Road Also see Aerial Location Map PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑ Mixed Use 0 Residential ❑ Other: ❑ Community Facilities ❑ Industrial 07/2022 Page 2 of 11 Cver C;014"ty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ADJACENT ZONING AND LAND USE Zoning Land Use N P and CON County utility site and gun club S NORTH PORT BAY PUD Residential E CON ACSC/ST and P Preserve and County utility site W RT and CON ACSC/ST Undeveloped and preserve 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: N.A. / N.A. / N.A. Lot: N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A. Page #: N.A. Metes & Bounds Description: Property I.D. Number: N.A. N.A. ASSOCIATIONS Required: List all registered Home Owner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Please use the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Port of the Islands Community Improvement District Mailing Address: 3820 Colonial Blvd, #101 City: Fort Myers State: FL ZIP: 33966 Name of Homeowner / Civic Association: Orchid Cove at Port of the Islands Condominium Association, Inc. Mailing Address: 6704 Lone Oak Blvd. City: Naples State: FL Zip: 34109 Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: City: City: State: ZIP: State: ZIP: State: ZIP: 07/2022 Page 3 of 11 0 0117'er C;014 tty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov EVALUATION CRITERIA Pursuant to LDC 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. 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 subdistrict, policy, or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, 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. 07/2022 Page 4 of 11 0 0117'er C;014 tty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 8 B of the Administrative Code and LDC section 10.03.05. 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, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. 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 six (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. 07/2022 Page 5 of 11 0 0117'er C;014 tty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Alligator Reach, LLC Address: 119 N. Wahsatch Ave. Telephone: 719.237.2623 E-Mail Address: sirlindsay64@gmail.com City: Colorado Springs Cell: Address of Subject Property (If available): 12425 Union Road City: State: ZIP: PROPERTY INFORMATION Section/Township/Range: 4 / 52 / 28 Lot: N.A. Block: N.A. Subdivision: N.A. Metes & Bounds Description: See Exhibit D of the PUD Document State: Co ZIP: 80903 Plat Book: N.A. Page #: Property I.D. Number: 01058920005 and 01058920513 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System ❑ Provide Name: Port of the Islands Community Improvement District C. Franchised Utility System (GPD Capacity): TBD d. Package Treatment Plant ❑ Type: e. Septic System ❑ TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System ❑ C. Franchised Utility System 7 Provide Name: Port of the Islands Community Improvement District d. Private System (Well) ❑ Total Population to be Served: 109 residential dwelling units Peak and Average Daily Demands: A. Water -Peak: N.A. B. Sewer -Peak: N.A. Average Daily: N.A. Average Daily: N.A. 07/2022 Page 6 of 11 0 0117'er C;014 tty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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. Attach additional pages if necessary. N.A. 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. N.A. 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. 07/2022 Page 7 of 11 o0 er county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov COVENANT OF CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Signature of Owner Printed Name of Owner Signature of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Ophysical presence or Flonline registration this day of 1, 20_, by or Flhas produced Notary Seal who is ❑ personally known to me Signature of Notary Public Print Name of Notary Public as identification. 07/2022 Page 8 of 11 0 0117'er C;014 tty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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.1 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 upload the submittal items with cover sheets attached to each section via the GMD Portal. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED NOT REQUIRED 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 Addressing Checklist ✓ Warranty Deed(s) ,/ List identifying owner and all parties of corporation ✓ Signed and sealed Boundary Survey Architectural rendering of proposed structures Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. ✓❑ ❑ Statement of utility provisions ✓ Environmental data requirements pursuant to LDC section 3.08.00 F71 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. ✓❑ ❑ Traffic Impact Study (TIS) ✓ Historical Survey F7 School Impact Analysis Application, if applicable ✓ Electronic copy of all required documents _/ 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 07/2022 Page 9 of 11 Cver C;014"ty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Revised Conceptual Master Site Plan 24" x 36"and one (1) 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 ✓ Copy of Official Interpretation and/or Zoning Verification ✓ +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 G.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: 0 School District (Residential Components) ❑ Conservancy of SWFL Utilities Engineering Parks and Recreation Director Emergency Management E3 Immokalee Water/Sewer District City of Naples Planning Director Other: Fj City of Naples Utilities Other: FEE REQUIREMENTS ❑✓ Pre -Application Meeting: $500.00 ❑✓ 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 ❑✓ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑✓ Transportation Review Fees: • Methodology Review: $500.00 (Methodology by Email to Staff) *Additional fees to be determined at Methodology Meeting. • Minor Study Review: $750.00 • Major Study Review $1,500.00 ❑✓ Fire Planning Review Fee: ($150 PUDZ) ($125 PUDA, PUDR) 07/2022 Page 10 of 11 o0 er county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ❑✓ Estimated Legal Advertising fee: • CCPC: $1,125.00 • BCC: $500.00 ❑✓ If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) ❑ School Concurrency Fee, if applicable: • Mitigation Fees, if application, to be determined by the School District in coordination with the County All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the 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 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov October 25, 2022 Signature of Petitioner or Agent Date D. Wayne Arnold, AICP Printed named of signing party 07/2022 Page 11 of 11 12425 Union Road RPUD (PL20220004175) Evaluation Criteria Pursuant to LDC 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. 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. The applicant is proposing to rezone the 51.5+/- acre property from RT, Residential Tourist and CON, Conservation zoning districts to a Residential PUD to permit up to 109 dwelling units, which will permit single family detached and two-family attached dwelling units. The parcel of land is located within the Port of the Islands community and is presently undeveloped. Access to the property will be via Union Road. The property was recently acquired by the applicant from the Port of the Islands Community Improvement District and commonly referred to as CID. 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. The area is suitable for the proposed development of residential dwelling units. The site has been previously cleared and filled and has utilities available to the site provided by CID. Surrounding areas are developed MF residential, conservation and canal. Access is by State and CID owned right of ways with sufficient capacity. This PUD represents a significant reduction in permitted density and intensity. The applicant has acquired or otherwise has an option / reservation to acquire the necessary utility connection rights for the proposed 109 dwelling units. 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 countyattorney. The property is under the control of the applicant and was acquired from the CID. An HOA will be created for perpetual maintenance of internal community areas which are not otherwise owned and operated by the CID. 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.) The property is located in the Urban Mixed Use District, Urban Residential Subdistrict of the Future Land Use Element. The property is also located in the Coastal High Hazard Area, which generally provides for lower densities due to storm surge vulnerability. The existing 41+/- acres of RT zoning is vested and has been in place since the inception of the Port of the Islands community was established in the 1960's. The RT zoning would authorize 16 dwelling units per acre which would yield over 600 dwelling units for July25, 2023 W Gradyh inor Evaluation Criteria-r3.docx Page 1 of 7 C M I Engineers • Land Svrvcyors • 111anncrs • Landscape ArChUctF Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com this property. The 12+/- acres of the CON zoning district permits residential development at 1 dwelling unit per 5 acres, which would yield 2 dwelling units. The applicant is proposing 109 single family detached and/or two-family attached units which equates to a density of 2.1 dwelling units per acre, which is well within the permitted density under the Growth Management Plan. Future Land Use Element Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board of County Commissioners. The proposed residential PUD at a density of approximately 2 dwelling units per acre is far below the number of residential dwelling units that can be built under the current RT and CON zoning and the proposed use is more compatible with the existing surrounding uses than those uses typical to the RT Zoning District. Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before redesignating new property for urban intensity. The proposed development is within the Urban Designated Area of the Future Land Use Map and is serviced by utilities provided by the CID. Approval of this project is not urban sprawl and development at the proposed density is a good utilization of the existing infrastructure from a planning perspective. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed project will consist of one and two-story single-family homes or townhomes. The property immediately south of the subject property is also zoned RT and is owned by the Collier County Board of County Commissioners, which was formerly developed as a hotel, which was demolished. A small portion of the site does abut the Orchid Cove condominium, which are two-story multi -family dwelling units. The property to the east is zoned P, Public Use and is developed as the utility services site for the Port of the Islands community. Property to the north is also zoned CON and is partially developed with a shooting clay target range. Property to the west is also zoned CON and is located within the Area of Critical State Concern (ACSC). The proposed residential use is compatible and complementary to the surrounding uses. The conceptual PUD master plan demonstrates appropriate project buffers consistent with that required in the LDC, and the proposed development standards will ensure that the units are setback from the adjacent roadway and nearby residences to insure the compatibility. The PUD development standards also identify significant areas of retained open space that are intended to be for the use of all residents of the Port of the Islands community. Policy 5.8 encourages clustered development and the use of PUD techniques to conserve open space and environmentally sensitive areas. The site has been previously cleared and has no native vegetation or environmentally sensitive areas. Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to adhere to the development character of the County. The site will have access to the existing Union Road and the applicant will be discussing the ability to obtain an access easement over the western alignment of Union Road. The applicant may gate the residential component of the community; however, an interconnection to the County owned parcel is not proposed due to the undetermined utilization of that site by the County. Transportation Element July 25, 2023 Evaluation Criteria-r3.docx Page 2 of 7 Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level of Service Standards for arterial roadways. Conservation and Coastal Manaeement Element Policy 6.1.2 provides for the protection of native vegetation; however, there is no existing native vegetation on the subject site and no preservations areas are provided. Objective 7.1: Direct incompatible land uses away from listed animal species and their habitats. A brief examination of the parcel found no listed animals on site. Please refer to Environmental Data provided by Collier Environmental Consultants, Inc. 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 subject property would permit development of over 600 multi -family dwelling units on the RT zoned portion of the site and/or development of potentially incompatible uses such as hotels/motels. The rezoning represents a significant downzoning of the property and only proposes single family detached and two-family attached dwelling unit types. The PUD includes restrictions on building heights and setbacks which have been supported by the CID. The proposed uses are compatible with the surrounding area. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The project will have at least 60% open space as required for residential developments under the LDC. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequate infrastructure must be in place to support future development on the site. The applicant has acquired and/or reserved the necessary water and sewer connections from the CID. There are no known capacity issues that will impact this project. Union Road will be improved within the property limits. g. The ability of the subject property and of surrounding areas to accommodate expansion. The RPUD includes all lands under the control of the applicant. Expansion of the PUD boundary is not anticipated. Lands located to the north are zoned CON and is owned separately from the subject property. Lands to the east are developed with the Port of the Islands utilities and is owned by the improvement district. Lands to the south are owned by Collier County. Expansion of the PUD is not feasible. 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. July 25, 2023 Evaluation Criteria-r3.docx Page 3 of 7 The PUD contains development regulations and buffer standards consistent with those found in the LDC. A deviation to the local road ROW width has been requested, which is appropriate for the relatively low number of units served by the proposed roadway. 10.02.08 - Requirements for Amendments to the Official Zoning Atlas 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 project is consistent with the Collier County Growth Management Plan as discussed below. Future Land Use Element Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board of County Commissioners. The proposed residential PUD at a density of approximately 2 dwelling units per acre is far below the number of residential dwelling units that can be built under the current RT and CON zoning. Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before redesignating new property for urban intensity. The proposed development is within the Urban Designated Area of the Future Land Use Map and is serviced by utilities provided by the CID. Approval of this project is not urban sprawl and development at the proposed density is a good utilization of the existing infrastructure from a planning perspective. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed project will consist of one and two-story single-family homes or townhomes. The property immediately south of the subject property is also zoned RT and is owned by the Collier County Board of County Commissioners, which was formerly developed as a hotel, which was demolished. A small portion of the site does abut the Orchid Cove condominium, which are two-story multi -family dwelling units. The property to the east is zoned P, Public Use and is developed as the utility services site for the Port of the Islands community. Property to the north is also zoned CON and is partially developed with a shooting clay target range. Property to the west is also zoned CON and is located within the Area of Critical State Concern (ACSC). The proposed residential use is compatible and complementary to the surrounding uses. The conceptual PUD master plan demonstrates appropriate project buffers consistent with that required in the LDC, and the proposed development standards will ensure that the units are setback from the adjacent roadway and nearby residences to insure the compatibility. Policy 5.8 encourages clustered development and the use of PUD techniques to conserve open space and environmentally sensitive areas. The site has been previously cleared and has no native vegetation or environmentally sensitive areas. The proposed conceptual PUD master plan does identify two significant areas that will be retained as open space for the enjoyment of Port of the Island residents. July 25, 2023 Evaluation Criteria-r3.docx Page 4 of 7 Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to adhere to the development character of the County. The site will have access to the existing Union Road and the applicant will be discussing the ability to obtain an access easement over the western alignment of Union Road. The applicant may gate a portion of the residential component of the community; however, an interconnection to the County owned parcel is not proposed due to the undetermined utilization of that site by the County. Transportation Element Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level of Service Standards for arterial roadways. Conservation and Coastal Manaeement Element Policy 6.1.2 provides for the protection of native vegetation; however, there is no existing native vegetation on the subject site and no preservations areas are provided. The existing land use pattern. The existing land use pattern is supportive of the proposed single family and two-family attached development. The limitation to 109 dwelling units is significantly less than the 600+ units that could be built under the existing RT zoning are more compatible than alternate permitted uses such as hotels or motels. Development to the south is low rise multifamily residential and conservation lands exist to the east and west. To the north is a sporting club range which has been operating for decades. The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezoning to a PUD does not create an isolated district as the PUD complies with all LDC criteria for a PUD rezoning. The PUD furthers the land use pattern of residential development to the south. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing zoning boundaries are based on zoning changes that were initially made in the 1960's. The CON zoning for a portion of the cleared and filled site does not match the intent of the CON zoning district. The RT zoning district supports only multi -family residential dwelling unit types of development, or it would support a hotel up to 100' feet in height. The proposed PUD includes all lands under the control of the applicant and are not illogically drawn. Whether changed or changing conditions make the passage of the proposed amendment necessary. The seller of the property, CID (Port of the Islands Community Improvement District) and the applicant agreed that the maximum of 109 dwelling units was appropriate, and that development of single-family dwelling units were favored over the uses permitted by right in the RT zoning district. The RT zoning district does not permit single family or two-family dwelling units; therefore, the proposed zoning change is required in order to establish the single-family use. July 25, 2023 Evaluation Criteria-r3.docx Page 5 of 7 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed rezone will not adversely influence living conditions in the neighborhood. The proposed master plan and development standards will assure compatibility. The density proposed is approximately 80% less than that permitted under the underlying zoning, which will substantially reduce traffic and impacts to nearby residences. 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 proposed zoning change, which limits the project to a maximum of 109 dwelling units generates fewer vehicle trip than allowed under the existing zoning. Union Road is a public roadway owned by the CID, and a maintenance of traffic plan will be provided to Collier County and CID as part of the construction plan approval. 8. Whether the proposed change will create a drainage problem. The project will obtain a SFWMD permit for the surface water management system and will have no drainage impacts on surrounding development. Drainage will indeed by improved through implementation of a stormwater management design. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed rezone will have no impact on light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed rezone should have no impact on 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 rezone should enhance surrounding properties and will not deter improvement or development of nearby properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Any property owner may propose zoning changes subject to the requirements of the LDC. No special privilege results from the PUD rezoning. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. July 25, 2023 Evaluation Criteria-r3.docx Page 6 of 7 A majority of the property is zoned RT which does not permit single family or two-family dwelling units. Both the CID and the applicant prefer development of single-family residences rather than multi -family dwelling units or a hotel as currently permitted are more appropriate for the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The scale of the project is in scale with the needs of the community and represents a downzoning of the property which is more in scale with surrounding development. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other site in the County; however, this infill property is available and has urban services available, and the site has been previously cleared and partially filled. 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 site will require some alteration, primarily in the reconstruction of Union Road to improve it consistent with the southern portion of the roadway north of the Orchid Cove condominiums. Otherwise, the site has been previously cleared and filled. 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 are adequate roadways and utilities available at the site. There are no public facilities deficiencies at the present time, and none will occur as a result of this 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. The project is consistent with the proposed Growth Management Plan amendment, and it is compatible with surrounding development. July 25, 2023 Evaluation Criteria-r3. docx Page 7 of 7 Col[�er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coliiercountyfl.eov (239) 252-2400 Pre -Application Meeting Notes Petition Type: Rezone to BUD (PUDZ) Dateand Time: Wednesday 7/13/22 at 1:30PM Assigned Planner: Eric Ortman Engineering Manager (for PPL's and FP's) Project Information Project Name: 12425 Union Road (PUDZ) PL If: 20220004175 PropertylD#: 1058920005 Current Zoning: RT Project Address: 12425 Union Rd.Clty: Naples State: FL Zip: 34114 Applicant: Sharon Unpenhour - Grady Minor Agent Name: D.Wayne Arnold, AICP Phone: 947-1144 3800 Via Del Re Bonita Springs,FL 34134 Agent/Firm Address: Y City: State: _ Zip: Property Owner: Port of the Islands CID a Premier Dist Mgmt Please provide the following, if applicable i. Total Acreage: 48.87 ii. Proposed# of Residential Units: 100 Single Family units iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page 1 1 of 5 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 wwAr.colliercountvfl.eov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated is included in Form is required for all applications. A copy of this new form is included in your pre-app Note -link is httr)s://www.colliercountvFlgov/Home/ShowDocument?id=75093 Zvarvv - �nic ®itTh✓r - fee 17741heA nlni� - ?'rGe �1'B�DSer(?�-0.c — /tfAnlL /t,yt Lao,✓ - 9' WFes — R//r6c �13 , GP iLhNNWG — lOy�y SCAmr D! NJ ZS,S L(�C S SPc 2M✓:fc. /}ITnCh•�O w� ir7t Co,r,Teci nvFd - Pi+6.a d. C, 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 RMiddletonaraolesaov.com Allyson Holland AMHolland(o)naolesoov corn Robin Singer RSinaer(amaolersoov.00m Eri a Martin emartinanaolescov com Disclaimer: Information provided by staflto 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 Cade and LDC dictates the regulations which all applications must satisfy. Any checklists provided ofrequired 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 2 of 5 ZONIaG- Nur.cS Pre -Apo Notes PUDZ-PL20220004175-12425 Union Road Parcel 01058920005 is roughly 50 acres mostly zoned VR but a portion is zoned CON. Property currently owned by the Port of the Islands Improvement District which also owns the water treatment facility. Shar Beddow sbeddow@gnfire.org, Greater Naples Fire Department, would like to know when the property was zoned to RT. Access to go through County property. Applicant asked what, if anything, is the County going to do with parcel? County staff to meet with applicants to discuss on July 27. Applicant states that property was cleared in the 1960s; is currently vacant. Wayne A - Water treatment facility estimated to have been built 10-12 years ago. Appraiser's office lists construction of metal steel frame building and factory building as being built in 1967. Collier County Growth Management Department Principal Planner, Zoning Division 2800 North Horseshoe Drive Naples, FL 34104 Direct line:(239) 252-1032 Eric.Ortman@colliercountvfl goy Y,cy(,2 g. F:- ThomasClarkeVEN From: TempletonMark Sent: Wednesday, July 13, 2022 2:40 PM To: ThomasClarkeVEN Subject: PL20220004175 - 12425 Union Road (PUDZ) Follow Up Flag: Follow up Flag Status: Flagged Hi Thomas, Landscape for this one below: 15' Type B buffer where abutting multi family, water treatment plant clay shooting park, and cleared County Hotel site No buffer required where abutting ST zoning. Staff will visit the site to determine the opacity of the preserve in the development South of lots in the SE corner of the site. Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review collier 4Z;01414ty Development Review Division Exceeding Expectations. Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Ddve, 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, 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. ThomasClarkeVEN From: SchmidtCorby Sent: Wednesday, July 27, 2022 9:56 AM To: ThomasClarkeVEN Cc: OrtmanEric Subject: RE: Pre Application Meeting PL20220004175 - 12425 Union Road (PUDZ) Importance: High No notes appear in my file. %/r'r�I L�, ue2irro✓ S From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> W Sent: Tuesday, July 26, 202210:31 AM To: SchmidtCorby <Corby.Schmidt@colliercountyfl.gov> Cc: OrtmanEric<Eric.Ortman@colliercountyfl.gov> Subject: FW: Pre Application Meeting PL20220004175 - 12425 Union Road (PUDZ) Corby, Do you have any Comp Planning Notes for the above? The Pre-App was July 13t'. Let me know. Thanks 74.. Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 From: SchmidtCorby <Corbv.Schmidt@colliercountvfl.gov> Sent: Tuesday, June 14, 2022 5:05 PM To: Pre -Application Meetings<PreAoolicationMeetings@colliercountvfl.gov>; OrtmanEric <Eric.Ortman@colliercountvfl.gov>; Sharon Umpenhour <SUmoenhour@gradvminor.com>; ThomasClarkeVEN <Thomas.Clarke@colliercountvfl.gov>; Wayne Arnold <WArnold@gradvminor.com>; AnthonyDavid <David.Anthonv@colliercountvfl.gov>; ArnoldMichelle <Michelle.Arnold@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountvfl.gov>; BeardL.aurie <Laurie.Beard@colliercountvfl.gov>; Beddow5har <Shar.Beddow@colliercountvfl.gov>; BosiMichael <Michael.Bosi@col liercountvfi.gov>; Brad Jackson <brjackso@sfwmd.gov>; BrownCraig <Crai¢.Brown@colliercountvfl.gov>; BullertBenjamin <Beniamin. Bullert@colliercountvfl.gov>; CascioGeorge <George.Cascio@colliercountvfl.gov>; CastroGabriela <Gabriela.Castro@colliercountvfl.gov>; ChachereKatherine <Katherine.Chachere@colliercountvfl.gov>; ClarkeBoyleSonie<Sonie.ClarkeBovle@colliercountvfl.gov>; Cooklaime <Jaime.Cook@colliercountvfl.gov>; CritchfieldHoward <Howard.Critchfield@colliercountvfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountvfl.gov>; Daniel Zunzunegui<dzunzunegui@northcollierfire.com>; David Ogilvie <ogilvida@collierschools.com>; DeleonOmar <Omar.Deleon@colliercountvfl.gov>; EstradaMaria <Maria.Estrada@colliercountvfl.gov>; Faulkner5ue <Sue.FaulknerCwcolliercountvfl.gov>; FinnTimothy <Timothy.Finn@colliercountvfl.gov>; ForesterDebrah <Debrah.Forester@colliercountyfl.gov>; Gewirtz5torm Coi[ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.eov (239( 252-2400 Meeting Notes /1 nn �,4rt,: Pro.�rF1•TIoN-,M.1k� S�Prw`(��--- .Sc,a etMM1'r6. Nui•-C - 1x6-e..3.19. u,11 nio vTon twG — .ic4wu� S �xg r /}itncl'm�'r- yr ENVIp.».+ntie Tic - CMi+4 Ehaum�' .Se= 2.xA�L Noi+-S fFwD `47iif'r+i�e0 Cbec><L�sis oN Qir•Ge3 3C,! - 3,�.8. .,AZLtltl ,.is Q0/vTnCr µn.T7ro!,�6.SToLTZ t9CW'44n aA..4GLc cZS`d -5 e35� 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 ThomasClarkeVEN From: SawyerMichael Sent: Thursday, July 28, 2022 1:52 PM To: ThomasClarkeVEN; BrownCraig Cc: OrtmanEric Subject: RE: 12425 Union Rd PL20220004175 (PUDZ) 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: A TIS is required for the proposed PUD. 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. Provide trip limit based on TIS using standard language: 'The maximum total daily trip generation for the PUD shall not exceed _ 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." As discussed legal access must be demonstrated. Discussion with County staff is needed to assess any potential easement - ROW through county owned lands as outlined. Respectfully, Michael Sawyer Project Manager Transportation Management Services Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael sawyerGdcolliercountvfl e�� From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Thursday, July 28, 2022 10:08 AM To: BrownCraig <Craig.Brown@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov> Cc: OrtmanEric<Eric.Ortman@colliercountyfl.gov> Subject: FW: 12425 Union Rd PL20220004175 (PUDZ) Hi Craig, Mike, See Eric Ortman's notes for this Port of the Islands Pre-App from July 13t'. Did you want to add Notes before I send to Applicant? ThomasClarkeVEN From: BeardLaurie Sent: Wednesday, July 13, 2022 1:38 PM To: OrtmanEric Cc: ThomasClarkeVEN Subject: Pre Application Meeting PL20220004175 - 12425 Union Road (PUDZ) Attachments: Transportation-PUD monitoring pre app handout 2020.docx Follow Up Flag: Follow up Flag Status: Flagged PUD Monitoring pre-app notes attached Laurie Beard Project Manager Please note new address: PUD Monitoring, GMD 2800 N. Horseshoe Drive Naples, FL 34104 Laurie. E eard(aCollierCountvFLoov Phone'.(239)-252-5782 4� �x I.�KXYSW K ;4 Vil'COWslxc V J4�200pL#� 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. Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning " The maximum total daily trip generation for the PUD shall not exceed 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." Use Codes Provide both ITE and SIC use codes in the TIS 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." Miscellaneous "Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." ThomasClarkeVEN From: BrownCraig Sent: Thursday, July 28, 2022 12:35 PM To: ThomasClarkeVEN; SawyerMichael Cc: OrtmanEric Subject: RE: 12425 Union Rd PL20220004175 (PUDZ) Attachments: PUDZ-PUDA checklist FOR REVIEWERS 2-2017.doc; Environmental data Checklist updated December 2016.doc Fallow Up Flag: Follow up Flag Status: Flagged Thomas, Here are my notes. 1. Please provide Environmental Data: Please provide FLUCFCS aerial map of the subject property please include the invasive exotic plant percentage amounts and indicate which FLUCFCS are being considered Native Vegetation, Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural Flowways or other natural land features, located on abutting properties. 2. Please provide a current Listed species survey, which should include listed plants for the subject property. Provide supporting exhibits (i.e. Panther zones ect.) be sure to include Black Bear, and Florida Bonneted Bat as part of the evaluation. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Provide a survey for listed plants identified in 3.04.03. 3. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D; 3.05.07.F; 3.05.07.H.1.d- e). (25% preservation required.) Label the Master plan with if there is native vegetation meeting the preservation standards or add a note no preservation is required. The property has been mostly cleared please provide narrative with support to explain when the property was cleared (permit/ aerials). 4. Please address how the proposed project is consistent with Conservation Coastal Management Element (CCME) Policy 6.1 and Objective 7.1. 5. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts to listed species as required in the CCME. (The preservation Requirement is 25%). 6. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. (If found onsite). 7. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. 8. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) Please Check off $2500 Environmental Data Fee. Craig Brown Principal 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: Thursday, July 28, 202210:08 AM To: BrownCraig<Craig.Brown@colliercountyfl.gov>; SawyerMichael Cc: OrtmanEric<EriaOrtman@colliercountyfl.gov> Subject: FW: 12425 Union Rd PL20220004175 (PUDZ) Hi Craig, Mike, See Eric Ortman's notes for this Port of the lands Pre-App from July 13th. Did you want to add Notes before I send to Applicant? Thanks 7", t?! , Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 / i From: OrtmanEric <Eric.OrtmanPcolliercountvfl ov> Sent: Tuesday, JqY 26, 2022 4:30 PM To: ThomasClarkeVEN <Thomas.ClarkeCdcolliercountvfl eov> Subject: 12425 Union Rd PL20220004175 Tom, Attached are my pre-app notes and checklist. You will see that a couple of things are missing from checklist. Environmental PUDZ-PUDA Checklist in og-RFMU) Project Name 624R5' 4(lytor 100 ",02,) 1. Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08; 4.08.00) Not in CV Library 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -P627 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.111). Preserve Label- P546 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D; 3.05.07.F; 3.05.07.H. Ld-e). Preserve Calculation - P547 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H. Lb. Preserve Width - P603 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) Preserve Selection- P550 7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback —New 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species - P522 9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off -site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required — P 522 10. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 11. If the PUD includes a Preserve Tract section UP FOR DISCUSSION —DISCUSS WITH CAD When listing preserve uses, the following is suggested: A. Principal Use: Preserve; B. Accessory Uses: All other uses (list as applicable or refer to the LDC — see 1-3 below as typical uses listed by agents) (ensure the text states "subject to LDC section related to Allowable uses within County required preserves^ Alternate format: A. Uses subject to LDC section Allowable uses within County required preserves: 1. Nature trails that do not reduce the amount of required preserve. 2. Passive Recreation uses, as per LDC requirements. 3. Stormwater only when in accordance with the LDC. y`'+& �,C, 3 . PUD Commitments and Site Plan notes Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master plan: Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. 12. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. 13. Review cross -sections if provided; they are not required with the PUD. However, sometimes they are provided. Is there any fill proposed in the preserve? Additional Comments: `lA6-e- 3'C.'f- Environmental Data Checklist Project Name (L4,4_ 1(wivr IZO- The Environmental Data requirements can be found in LDC Section 3.08.00 1. Provide the EIS fee if POD or CU. 2. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelors or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. 3. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to fast development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stmo water management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated storrowater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFW S). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USF WS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USF W S. Additional survey time may be required if listed species are discovered 8. Provide a survey for listed plants identified in 3.04.03 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation provide documentation that the parcels) were issued a permit to be cleared and are in compliance with the 25 year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) we in compliance with the 10 year rezone limitation previously identified in the OMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. 11. Identify on a current aerial the acreage, location and community, types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. 13. Where off -site preservation of native vegetation is proposed in lieu of on -site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the of[ site parcel(s) if off -site donation of land is to occur. 14. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill orjunkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or I10 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occurjust below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a sic -inch rise in sea level. v� G � 3.C. 6. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMT CCME Policy 6.1.1 (13), if requested. 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those riles existed on January 13, 2005. 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi -slip docking facilities with in slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. For development orders within RFMU sending Inds, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 24. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 26. Is EAC Review (by CCPC) required? 27. PUD master plan or PPL/SDP site plan notes: Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. 28. Additional comments 29. Stipulations for approval (Conditions) Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20220004175 Collier County Contact Information: Name Review Discipline Phone Email ❑ Mag ie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2351 Stephen.baluch@colliercountyR.gov W'�SharA.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org ❑ Ray Bellows Zoning,Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ErLaurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov 23 Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov V Thomas Clarke Zoning Operations Analyst 252-2584 thomas.clarke@colliercountvfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountVfl.gov ❑ Gabriela Castro Zoning Principal Planner 252-4211 gabriela.castro@collierwuntyfl.gov ❑ Maggie DeMeo North Collier Fire 252-2308 demeo@northcolliertre.com ❑ Eric Fey, P.E. Utility Planning 2524037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Principal Planner 2524312 timothy.finn@colliercountyfl.gov ❑ Sue Faulkner GMP- Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundiach@colliercountyfl.gov ❑ Rachel Hansen GMP—Comprehensive Planning 252-1142 Rachel.hansen@colliercountyfl.gov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard.henderiong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercoun I. ov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyR.gov ❑ Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kell @colliercoun ov ❑ Parker Klo f GMP—Comprehensive Planning 252-2471 Parker.kiopf@colliercountyfl.gov ❑ Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcolliertire.com ❑ Sean Lintz North Collier Fire 597-9227 Blintz@northcollie�re.com ❑ Diane Lynch Operations Analyst 252-8243 diane.l nch@colliercoun I. ov ❑ Thomas Mastroberto Greater Na les Fire 252-7348 thomas.mastroberto@colliercoun I. ov ❑ lack McKenna, P.E. En ineerin Services 252-2911 jack.mckenna@colliercountyfl.gov Updated 1/12/2021 Page 14 of 5 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov )239) 252-2400 ❑ Matt Mclean, P.E. Division Director- IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov Eric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfi.gov ❑Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountvfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@nonhcollierrire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountvfl.gov ❑ James Sabo, AICP GMP, Comp Planning Manager 252-2706 james.sabo@colliercountyfl.gov Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov Peter Shawinsk Architectural Review 252-8523 eter.shawinsk @colliercoun I. ov ,❑ to 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 lonathan.waish@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willow hb Develo ment Review-Zonin 252-5748 christine.willou hb @colliercountyfl. ov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzune ui@colliercoun I. ov 0-16«p Sa,..rN&+.iB .r- 1aGera rags 7-67-Z425 Additional Attendee Contact Information: Name Representing Phone Email GUN 'yj- i "WA cortrYD i rAi oU ,cn W r i u~ G Updated 1/12/2021 Page 1 5 of 5 ��-�/2S (�MUti IeGnJ (041J uY> —�L—�.J22 -�I75� W 49 7�r 3/2- Z : 30 Q Farti-ipant5 11. — El- 2, « o. (Wlfy o- Q Find a participant thomas Clarke (Host, me)2G OGradyMinor 0 © ErlcOrtman Q I Ofpassidomo fj7J Qryovanovich 07 O beard -I 0 . Craig Brown fF R0 mDerek D. Perry, County Attorney's Office Q7 Gino Santabarbara 0 © Mark 90 © sawyermichael RO © sbeddow ® Sean Sammon Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20220004175 -12425 Union Road (PUDZ) - Planner: Eric Ortman Assigned Cps Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Sharon Umpenhour — Grady Minor 239-947-1144 sumpenhour@eradvminor.com • Agent to list for PLk D.Wayne Arnold,AICP — Grady Minor • Owner of property (all owners for all parcels) Port of the Islands CID % Premier Dist Mgmt • Confirm Purpose of Pre-App: (Rezone, etc.) Rezone from RT to RPUD to allow a maximum of 100 single family residential dwelling units. • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): • Details about Project: See Above REQUIRED Supplemental Information provided by: Name: Title: Email: Phone: Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: N:\CDES Planning Services\Current\Zoning Staff Information Collier Cakxty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colllercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 Final Submittal Requirement Checklist for: ® PUD Rezone- Ch. 3 G. 1 of the Administrative Code Cp' 470 ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 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:/Iwww.colliercountvfl gov/Home/ShowDocument?id=76983. REQUIREMENTS #OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ ❑ Completed Application with required attachments (download latestversion) 1 Pre -application meeting notes 1El Affidavit of Authorization signed and notarized 1 Property 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 ® ❑ Statement of Utility Provisions 1 Environmental Data Requirements pursuant to LDC section 3.08.00 1 1 M Li Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate wi project planner at time of public hearings. 1 ❑ ® ❑ Listed or Protected Species survey, less than 12 months old. Include of previous surveys. 1 El Traffic Impact Study — /nnsAq.e rs/ov &OS49Mr 4� 1 ❑ Historical Survey 1 El ❑ 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 h (this document is separate from Exhibit E) © ❑ Check these with Craig Checklist continues on next page March 4, 2020 Page 9 of 11 Cofter County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 4gWn iConceptual Master Site Plan 24" x 36"and One 8 Y" x 11" copy i Original PUD document/ordinance, and Master Plan 24" x 36"-Only if Amending the PUD ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ 01 Copy of Official Interpretation and/or Zoning Verification 1 ❑ X1 M 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: Exhibits A-F all needed ❑ 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.(1b.)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: ❑ ct (Residential Components): Amy ❑ Conservancy of $WFL: Nichale Johnson ■ Engineering: Lai Fe .;Ay 5OLT2 Parks and Recreation: Bar Williams Director Mana ement: Dan Summers es kEmeren Immokalee Water/Sewer District: s: Robin Sin er, Plannin Director O[her.e.".�✓wTu-s Utilities s Aocw I ASSOCIATED FEES FOR APPLICATION I Pre -Application Meeting: $500.00 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 N% Listed or Protected Species Review (when an EIS is not required): $3- Transportation Review Fees: Ma-TboAccuay QrRurA40 /3y 'e^re"c' 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 Coil�er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT vnvw.colliercountv.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239)252-6358 Legal Advertising Fees: 1 CCPC: $1,125.00 BCC:$500.00 ❑ 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 5`^ and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date March 4, 2020 Page 11 of 11 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220004175 1, Lindsay J. Case (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerr✓ applicant( —(contract purchaserlland that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 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. We/1 authorize AiilgatwReach. LLC 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 cote. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. /P/2 =- Signature Date STATE OF F69RMOC WOMAS COUNTY OF e9ti:ffi E% pa4o The foregoing instrument was acknowleged before me by means of Q physical presence or ❑online notarization this day of KI4V&Upa.. , 2022 , by (printed name of owner or qualifier) Lindsay J. case Such person(s) Notary Public must check applicable box: 14 Are personally known to me KASANDRA D ERBAUGH ❑ Has produced a current drivers license Notary Public State of Copspdo ❑Has produced as identification. Notary ID 420204029452 e M Commission Ez ires08-24-2024 Notary Signature: � L � �/�---� CPM-COA-00115\155 REV 3/42020 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220004175 1, Lindsay J. Case (print name), as Manager (title, if applicable) of Alligator Reach, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner=applicant Qcontract purchaserand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 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 authorize d.Grady Minor a Associates. PA. and Coleman, YovanuvichaKoester, P.A. 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 coop. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it/aarre true. /Stti__gnature D. to t. STATE OF FLORIDA .o:D MCLO COUNTY OF COtteREJ PDA0 The ❑ he foregoing instrument was acknowleged before me by means of ®physical presence or online notarization this _SF_ day of (Jbve^,L6-P ' , 20 sx , by (printed name of owner or qualifier) Lindsay J. case as Manager of Alligator Reach, LLC Such person(s) Notary Public must check applicable box 19 Are personally known to me KASANDRA D ERBAUGH Notary Public ❑ Has produced a current drivers license State of Colorado NotarylD 420204029452 ❑ Has produced assiid(entification. M Commission Ex Tres O6.24-2024 Notary Signature: VAA&Ajhry tz!' CP\08-COA-00115\155 REV 3/4/2020 Coille' r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 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. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership Lindsay J. Case, 119 N. Wahsatch Ave., Colorado Springs, CO 80903 100 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Alligator Reach, LLC, 119 N. Wahsatch Ave., Colorado Springs, CO 80903 Lindsay J. Case, Manager (ownership interest) 100 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership N.A. Created 9/28/2017 Page 1 of 3 Coille' r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 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: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, includingthe officers, stockholders, beneficiaries, orpartners: f 9. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, ortrust: Name and Address N.A. Date subject property acquired 2016 and 2017 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: N.A. Date option terminates: N.A. , or Anticipated closing date: N.A. Created 9/28/2017 Page 2 of 3 Coille' r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 publichearing. 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. 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 October 25, 2022 Agent/Owner Signature Date D. Wavne Arnold. AICP Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Coil'fer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parcel to Number 01058920005 and 01058920513 12425 and 12400 Union Road (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Residential planned unit development ( R PUD) zoning. We hereby designate Alligator Reach, LLC , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Lindsay J. Case Printed Name Owner Printed Name STATE OF FbORfBA CotorillI COUNTY OF CBELfE&EJ P040 q The foregoing instrument was acknowleged before me by means of Wiphysical presence orODnline notarization this-9- day of NLOVLrAlu . 20 22 . by (printed name of owner or qualifier) Lindsay J. Case Such person(s) Notary Public must check applicable box: ®Are personally known to me ❑Has produced a current drivers license KASANDRA D ERBAUGH QHas produced as identification. Notary Public S f C r" I tate 0 o or 0 Notary ID x 20204029452 NotarySignature:1 My Commission Expires 08-24-2024 March 4, 2020 Page 8 of 11 EXHIBIT A PARCEL A: A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00°19'01" WEST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 2387.39 FEET; THENCE RUN NORTH 89°40'59" WEST, PERPENDICULAR TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE EASTERLY LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN NORTH 00°05'55" EAST, ALONG THE EASTERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 3.19 FEET; THENCE RUN NORTH 89°54'05" WEST ALONG THE NORTHERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 35.00 FEET; THENCE RUN SOUTH 00-05'55" WEST, ALONG THE WESTERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 3.06 FEET; THENCE RUN NORTH 89°40'59" WEST FOR A DISTANCE OF 77.18 FEET; THENCE RUN SOUTH 00°19'01" WEST, PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 299.88 FEET; THENCE RUN SOUTH 00°20'13" WEST, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 350.03 FEET; THENCE RUN SOUTH 89°39'47" EAST, FOR A DISTANCE OF 79.78 FEET TO A POINT ON THE WESTERLY LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN SOUTH 00°05'55" WEST, ALONG THE WESTERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 947.38 FEET; THENCE RUN NORTH 89-39-47" WEST, FOR A DISTANCE OF 213.29 FEET, THENCE RUN NORTH 00°20'13" EAST, FOR A DISTANCE OF 303.59 FEET; THENCE RUN NORTH 89°39'47" WEST, FOR A DISTANCE OF 390.26 FEET; THENCE RUN SOUTH 00°20'13" WEST FOR A DISTANCE OF 565.00 FEET; THENCE RUN NORTH 89°39'47" WEST FOR A DISTANCE OF 124.74 FEET; THENCE RUN SOUTH 00°20'13" WEST, FOR A DISTANCE OF 394.41 FEET; THENCE RUN NORTH 89°39'47" WEST, FOR A DISTANCE OF 290.20 FEETTO A POINT ON THE EASTERLY RIGHT -OF WAY LINE OF THE FAHKA UNION CANAL; THENCE RUN NORTH 00°30'33" EAST ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL FOR A DISTANCE OF 4124.12 FEET; THENCE RUN NORTH 45°22'18" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 224.67 FEET; THENCE RUN NORTH 89°42'31" EAST, ALONG THE PROPOSED SOUTHERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 676.00 FEET; THENCE RUN NORTH 44°42'31" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 387.97 FEET; THENCE RUN NORTH 00°30'33" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 72.26 FEETTO A POINT ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4; THENCE RUN NORTH 89°42'31" EAST, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT FROM PARCEL A THOSE CERTAIN LANDS CONVEYED IN OFFICIAL RECORDS BOOK 4439, PAGE 1126, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; BEGIN ATTHE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00°38'58"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 2387.39 FEET; THENCE RUN S89-21'02"W, FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE EASTERLY LINE OF A SERVICE ROADWAY EASEMENT AS RECORDED IN O.R. BOOK 1567, PAGE 1556, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N00°52'04"W, ALONG THE EASTERLY LINE OF SAID SERVICE ROADWAY EASEMENT FOR A DISTANCE OF 3.19 FEET; THENCE RUN S89°07'56"W, ALONG THE NORTHERLY LINE OF SAID SERVICE ROADWAY EASEMENT FOR A DISTANCE OF 35.00 FEET; THENCE RUN S00°52'04"E, ALONG THE WESTERLY LINE OF SAID SERVICE ROADWAY Page 1 of 3 EASEMENT FOR A DISTANCE OF 3.06 FEET; THENCE RUN S89°21'02"W FOR A DISTANCE OF 77.18 FEET; THENCE RUN S00°38'58"E, FOR A DISTANCE OF 69.43 FEET; THENCE RUN S89°32'34"W, FOR A DISTANCE OF 111.67 FEET; THENCE RUN N46°46'08"W, FOR A DISTANCE OF 125.85 FEET; THENCE RUN N 53°15'08"W, FOR A DISTANCE OF 424.94 FEET; THENCE RUN S89°32'34"W FOR A DISTANCE OF 242.59 FEET; THENCE RUN N46°46'08"W, FOR A DISTANCE OF 199.70 FEET TO A POINT ON THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL; THENCE RUN N00°27'26"W ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 1455.84 FEET; THENCE RUN N44°24'19"E ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 224.67 FEET; THENCE RUN N88°44'32"E, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 676.00 FEET; THENCE RUN N43°44'32"E, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 387.97 FEET; THENCE RUN N00°27'26"W, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 72.26 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN N 88°44'32"E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. PARCEL B: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00°20'13" WEST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 00°20'13" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 947.37 FEET; THENCE RUN NORTH 89°39'47" WEST, PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 131.28 FEET TO THE EAST LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN NORTH 00°05'55" EAST, ALONG THE EAST LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 947.38 FEET, THENCE RUN SOUTH 89°39'47" EAST, PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 135.22 FEET TO THE POINT OF BEGINNING. BEARINGS REFER TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00°20'13" WEST. LESS AND EXCEPT FROM PARCEL B THOSE CERTAIN LANDS CONVEYED IN OFFICIAL RECORDS BOOK 4522, PAGE 2249, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00°37'46"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S00'37'46"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 334.23 FEET; THENCE RUN N45°37'46"W, FOR A DISTANCE OF 269.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A CENTRAL ANGLE OF 45°00'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF N23°07'46"W, FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE, THENCE RUN N00°37'46"W, FOR A DISTANCE OF 85.06 FEET; THENCE RUN N89°22'14"E, FOR A DISTANCE OF 215.00 FEET TO THE POINT OF BEGINNING. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING S00°37'46"E. Page 2 of 3 AND PARCEL C: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST; THENCE RUN N 00°20'13" E ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4 FOR A DISTANCE OF 1389.61 FEET; THENCE N 89°39'47" W FOR A DISTANCE OF 379.57 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 00°20'33" W FOR A DISTANCE OF 261.41 FEET; THENCE RUN N 89°39'47" W FOR A DISTANCE OF 390.26 FEET; THENCE RUN N 00°20'13" E FOR A DISTANCE OF 565.00 FEET; THENCE RUN S 89°39'47" E FOR A DISTANCE OF 390.26 FEET; THENCE RUN S 00°20'13" W FOR A DISTANCE OF 303.59 FEET TO THE POINT OF BEGINNING. ALSO INCLUDING PER TITLE COMMITMENT # 22-0141 THE LAND IS DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00° 20' 13" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 733.79 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 00' 20' 13" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 655.82 FEET; THENCE RUN NORTH 89' 39' 47" WEST, FOR A DISTANCE OF 131.28 FEET TO A POINT ON THE EAST LINE OF A SERVICE ROAD EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 1567, PAGE 1556, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00° 05' S5" WEST, ALONG SAID SERVICE ROAD EASEMENT, FORA DISTANCE OF 449.47 FEETTO THE BEGINNING OF ATANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG SAID SERVICE ROAD EASEMENT AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 65.00 FEET THROUGH A CENTRAL ANGEL OF 90° 00' 00", SUBTENDED BY A CHORD OF 91.92 FEET AT A BEARING OF SOUTH 45°05' S5" WEST, FOR A DISTANCE OF 102.10 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 89' 54' 05" WEST, ALONG SAID SERVICE ROAD EASEMENT, FOR A DISTANCE OF 95.94 FEET TO A POINT ON AN ENTRANCE ROAD EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 1567, PAGES 1554 THROUGH 1555, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, THENCE RUN SOUTHWESTERLY, ALONG SAID ENTRANCE ROAD EASEMENT AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 89° 19' S4", SUBTENDED BY A CHORD OF 84.36 FEET AT A BEARING OF SOUTH 45° 25' 58" WEST, FOR A DISTANCE OF 93.55 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 00° 46' 01" WEST, ALONG SAID ENTRANCE ROAD EASEMENT, FOR A DISTANCE OF 81.13 FEET; THENCE DEPARTING SAID ENTRANCE ROAD EASEMENT, RUN SOUTH 89° 39' 47" EAST, FOR A DISTANCE OF 350.44 FEETTO THE POINT OF BEGINNING, MORE OR LESS. CONTAINING 51.5 ACRES, MORE OR LESS Page 3 of 3 co ver County Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 01058920005and 01058920513 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] S4/T52/R28 STREET ADDRESS(ES) where applicable, if already assigned. 12425 and 12400 Union Road PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. *PETITION TYPE (choose from the drop -down list below). A unique checklist must be created for each application. PUDZ (Planned Unit Development Rezone) CURRENT PROJECT NAME PROPOSED PROJECT NAME 12425 Union Road RPUD PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 9/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www. col I ie rcou ntyfl.gov Collier County Property Appraiser Property Aerial Site 12425 Site Zone Parcel No 01058920005 Address UNION RD Site City NAPLES *Note 34114 *Disclaimer Open GIS in a New Window with More Features. AP � ' _ -'`on -- INSTR 6312736 OR 6177 PG 68 RECORDED 9/23/2022 3:21 PM PAGES 12 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $21,000.00 REC $103.50 CONS $3,000,000.00 This instrument prepared by: Anthony A Pires, Jr., Esquire Woodward, Pires & Lombardo, P.A. 3200 Tamiand Trail N., Suite 200 Naples, FL 34103 File No.: 25478 Sales Price $3,000,000.00 Parcel No. 01058926005 'IAL WARRANTY DEED This Indenture made this -4AQ. da_y of September, 2022, between, Port of the Islands Community Improvement District, a local unjj,?f special purpose government of the State of Florida, 3820 Colonial Blvd. #101, Fort Mvers, FL 33966,RANTOR, and Lindsav J. Case, GRANTEE, whose post office address is, 119 N. Wahsatch Avenue, Corrado Springs, Colorado 80903 : WITNESSETH, that the Grantor, for d, '`M consideration of the sum of TEN DOLLARS, and other good and valuable considerations to said Grzirttox° ► ,hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained citld�scYld..to the said Grantee, and Grantee's heirs and assigns forever, the following described land, sittia : !yin "and being in the County of Collier, State of Florida, to wit: See A Tax Identification #01058920005 "A „ SUBJECT to all terms and conditions set forth in the Decla�ittrxni of Restrictions and Protective Covenants %for Parcel 13 as recorded in Official Records Book 6177 Page°D Public Records of Collier County. Florida. SUBJECT ALSO to tares.for the year 2021 and subsequent e.qn iot yet due and payable, covenants, restrictions, reservations and easements and :zoning ordinances of Collie?- County. Florida, as well as tares and assessments imposed. And said Grantor does herebvfidh' warrant the title to said lcu�d and ►� it claims c f all persons ►,•hotnsoever, claiming by, through, or under Gran Special Warranty Deed Page I of 2 �e same against the lati ful gaipst none other. OR 6177 PG 69 IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed in the presence STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowlec notarizatron thrs ay of September, Community Irnpt ovetnent District. She is identification and did take an oath. }t �"! U►URA a GREGG *. * MY COMMISSION # kH 18560i EXPIRES: February 7, 2026 ••,,oF M;�.'' 6011 W Thru Notary Pubuo urAwWrgm Port of thlIslands Community Improvement District ChairlW�air e ns qphysical presence or ( ) online Charr/Vic -C! it Port of the Islands the or pr vided CP s i atne: Od, ai",Public whission No. Cgjnfnission Expires: (SEAL) Special Warranty Deed Page 2of2 OR 6177 PG 70 EXHIBIT "A" Revised Property Description PARCEL A: A parcel of land locate fn foie East 1/2 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, be4ihmore particularly described as follows: Beginning at the Northeast corner of Section 4, Township 52 South, Range 28 East, Collier County, Florida; thence ru,rl,Seuth 00019'01" West, along the East line of the Northeast 1/4 of said Section 4, for a distanc(of 2387.39 feet; thence run North 89040'59" West, perpendicular to the East lineof,the Northeast 1/4 of said Section 4, for a distance of 137.82 feet to a point on the Easterly fine of a Service Roadway Easement; thence run North 00005'55" East, along the Ea�jerly'Jine of said Service Roadway Easement, for a distance of 3.19 feet; thence run Northp`89;°54'05" West along the Northerly line of said Service Roadway Easement, for a distance 6f,,35.00 feet; thence run South 00005'55" West, along the Westerly line of said Service adwoy Easement, for a distance of 3.06 feet; thence run North 89040'59" West for a dis a icO of 77.18 feet; thence run South 00019'01" West, parallel with the East line of the Ndhe ./4 of said Section 4, for a distance of 299.88 feet; thence run South 00020'13" \A/ ,,'64lel with the East line of the Southeast 1/4 of said Section 4, for a distance of 350.03; `eta thence run South 89039'47" East, for a distance of 79.78 feet to a point on the Westerl lhrj ��f a Service Roadway Easement; thence run South 00005'55" West, along the Westerly irie of said Service Roadway Easement, for a distance of 947.38 feet; thence ru0ori:h9°39'47" West, for a distance of 213.29 feet; thence run North 00020'13" East, for a>distanice of 303.59 feet; thence run North 89039'47" West, for a distance of 390.26 feet; t�e ern South 00020'13" West for a distance of 565.00 feet; thence run North 89039'47" Wests a distance of 124.74 feet; thence run South 00020'13" West, for a distance of 394.41 feet; thence run North 89039'47" West, for a distance of 290.20 feet to a point on th'.Eos erly right-of-way line of the Fahka Union Canal; thence run North 00030'33" East along tti proposed Easterly right- of-way of said Fahka Union Canal for a distance of 4124.12 feet' thence run North 45022'18" East, along the proposed Easterly right-of-way of said Pah Union Canal, for a distance of 224.67 feet; thence run North 89042'31" East, along the proo ed Southerly right-of-way of said Fahka Union Canal, for a distance of 676.00 feet; tla e run North 44042'31" East, along the proposed Easterly right-of-way of said Fahka Uni n Canal, for a distance of 387.97 feet; thence run North 00030'33" East, along the prope'8 d-`Easterly right-of-way of said Fahka Union Canal, for a distance of 72.26 feet to a point on the North line of the Northeast 1/4 of said Section 4; thence run North 89042'31" East, along the North line of the Northeast 1/4 of said Section 4, for a distance of 65.00 feet to the Point of Beginning. Bearings refer to the East line of the Northeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00119'01" West. OR 6177 PG 71 LESS AND EXCEPT FROM PARCEL A those certain lands conveyed in Official Records Book 4439, Page 1126, of the Public Records of Collier County, Florida and more particularly described as follows: A parcel of land ted in the East Half of Section 4, Township 52 South, Range 28 East, Collier County, Flofda <being more particularly described as follows: Begin at the Northeast corner of Section`4, ow' ship 52 South, Range 28 East, Collier County, Florida; Begin at the Northeast corner of,'Sec ` r=:4, Township 52 South, Range 28 East, Collier County, Florida; thence run S00138'5 E, wing the East line of the Northeast Quarter of said Section 4, for z distance of 2387.39 feed, 'hence run S89121'02"W, for a distance of 137.82 feet to a point on the Easterly line of a Service Roadway Easement as recorded in O.R. Book 1567, Page 1556, of the Public Record�,ot~Cclier County, Florida; thence run N00052'04"W, along the Easterly line of said Service Roadway Easement for a distance of 3.19 feet; thence run S89007'56"W, along the NortWerly'line,of said Service Roadway Easement for a distance of 35.00 feet; thence run S00052'0E, a ong the Westerly line of said Service Roadway Easement for a distance of 3.06 fee ;. thence run S89021'02"W for a distance of 77.18 feet; thence run S00138'58"E, for a distanepTMof.9.43 feet; thence run S89032'34"W, for a distance of 111.67 feet; thence run'N46`4§'Q8"W, for a distance of 125.85 feet; thence run N 53015'08"W, for a distance of 424.94eet; thence run S89032'34"W for a distance of 242.59 feet; thence run N46046'08"W, for a distance of 199.70 feet to a point on the proposed Easterly right-of-way line of theah .nion Canal; thence run N00027'26"W along the proposed Easterly right-of-way li"ir��i�ty 1455.84 feet; thence run N44024'19"E along to pro Fahka Union Canal for a distance of 224.67 feet th, proposed Easterly right-of-way line of the Fahka Uni thence run N43044'32"E, along the proposed East .rt' Canal for a distance of 387.97 feet; thence run N000 right-of-way line of the Fahka Union Canal for a dista North line of the Northeast Quarter of said Section 4; North line of the Northeast Quarter of said Section 4 of Beginning. PARCEL B: Fahka Union Canal for a distance of posed Easterly right-of-way line of the 1c , run N88044'32"E, along the Canal for a distance of 676.00 feet; A ght of -way line of the Fahka Union 2-7 6`Yt , along the proposed Easterly he 7 .26 feet to a point on the tl*nun N 88044'32"E, along the for a distance of 65.00 feet to the Point A parcel of land located in the Southeast 1/4 of Section 4, Township�--52-50bth, Range 28 East, Collier County, Florida, being more particularly described as follows: . Commence at the Northeast corner of the Southeast 1/4 of Section 4, Towwnship 52 South, Range 28 East, Collier County, Florida; thence run South 00020'13" West, along the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, for a distance of 350.00 feet to the Point of Beginning of the parcel of land herein described; thence continue South 00020'13" West along the East line of the Southeast 1/4 of said Section 4, for a distance of 947.37 feet; thence run North 89039'47" West, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 131.28 feet to the East line of a Service Roadway Easement; thence run North 00005'55" East, along the East line of said Service Roadway Easement, for a distance of 947.38 feet; OR 6177 PG 72 thence run South 89039'47" East, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 135.22 feet to the Point of Beginning. Bearings refer to the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00020'13" West. LESS AND EXCEPT -FROM PARCEL B those certain lands conveyed in Official Records Book 4522, Page 2249,.hq Public Records of Collier County, Florida and more particularly described as folf wzr— A parcel of land located`tin a`:•portion of Section 4, Township 52 South, Range 28 East, Collier County, Florida, being: rRofe,,particularly described as follows: Commence at the Northeaste7r er of the Southeast Quarter of Section 4, Township 52 south, Range 28 East, CoF�ier nty, Florida; thence run S00037'46"E, along the East line of the southeast Quarter of s Section 4, for a distance of 350.00 feet to the Point of Beginning of the parcel of land her n`.described; thence continue S00137'46"E, along the East line of the Southeast Quarte of:id Section 4, for a distance of 334.23 feet; thence run N45037'46"W, for a distanceof-2269..8$ feet to the beginning of a tangential circular curve concave Northeasterly; thence°1run Northwesterly along the arc of said curve to the right, having a radius of 82.50 feet though a, central angle of 45000'00" subtended by a chord of 63.14 feet at a bearing of N2 7146"'W, for a distance of 64.80 feet to the end of said curve; thence run N00137'46"W, for distance of 85.06 feet; thence run N89022'14"E, for a distance of 215.00 feet to the Point of Bring. Bearings shown hereon refer to the East line.; theSoi Township 52 South, Range 28 East, Collier Co' y,Pf AND *, PARCEL C: A parcel of land located in the Southeast 1/4 of Sectioi East, Collier County, being more particularly described east Quarter of Section 4, a as being S00137'46"E. ;4, -Township 52 South, Range 28 Commence at the Southeast corner of Section 4, Township 5 S"Ah, Range 28 East; thence run N 00120'13" E along the East line of the Southeast 1/4 of-s id Section 4 for a distance of 1389.61 feet; thence N 89039'47" W for a distance of 379.57 fet t the Point of Beginning of the parcel of land herein described; thence run S 00°2 ' 3'` W for a distance of 261.41 feet; thence run N 89139'47" W for a distance of 390.26 feet;, tie ce run N 00020'13" E for a distance of 565.00 feet; thence run S 89039'47" E for" O;tance ofhe Poe 390.26 feet; thence run S 00020'13" W for a distance of 303.59 feet to tt of Beginning. F . OR 6177 PG 73 RESOLUTION NO. 2022-13 9 COPY A RESOLUTION OF THE BOARD OF SUPERVISORS (THE "BOARD") OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT (THE "DISTRICT") CONCERNING T 1� SALE OF CERTAIN LAND DESCRIBED HEREIN, DEEMED UNNECESSARY, FOR; DISTRICT PUBLIC PURPOSES; DETERMINING THAT DISPOSAL OF SA-fD .L` ND IS IN THE BEST INTEREST OF THE PUBLIC AND THE DISTRICT; AUTH ORUING, THE CONVEYANCE OF THE LAND DESCRIBED HEREIN; AUTHORIZING CERTAIN`~ OFFICERS OF THE DISTRICT TO TAKE ALL ACTIONS REQUIRED AND TO EXECUTE AND DELIVER ALL DOCUMENTS, INSTRUMENTS AND CERTIFICATES NECESSARY I CONNECTION WITH THE CONVEYANCE OF THE LAND DESCRIBED HEREIN; AU ; ORIZING THE VICE CHAIRMAN AND ASSISTANT SECRETARIES TO ACT IN T, E STEAD OF THE CHAIRMAN OR THE SECRETARY, AS THE CASE MAY BE; AUTHORIZINGCEII3TAIN OFFICERS OF THE DISTRICT TO TAKE ALL ACTIONS AND ENTER INTO ALL ALREEMENTS REQUIRED IN CONNECTION WITH THE CONVEYANCE OF THE LAND DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE ` WHEREAS, Section 190.011(1) -Fl rata Statutes, lists in the general powers granted to the Port of the Islands Community Improme district, the general powers to dispose of real and personal property, or any estate ther l to make and execute contracts and other instruments necessary or convenient to the eirese'a its powers; and WHEREAS, the District has previously a luirjed and taken title to the real property described on the attached Exhibit "A" (the "Prdp6+rty7), by virtue of the issuance of a Tax Deed, a copy of which is attached hereto as t ibi "B"; and, WHEREAS, the Property is vacant and unimproved,N no improvements to the Property have been made by the District, the Property is -unh cessary for District public purposes, is not needed for present or future purposes o `rbc of the District, and is not needed for public purposes or District purposes; and. WHEREAS, the Board of Supervisors has determined t a the sale of the Property to Lindsay Case pursuant to that certain Vacant Land Contract -(and associated addendum) with an effective date of April 25, 2022, as amended (he "Sales Contract", a copy of which is attached hereto as Exhibit "C" hereto) is for a valid public purposes, in the best interest of the District and the public and is for the benefit of the District. ALVIN TEAGUE, AS SECRETARY AND DISTRICT MANAGER OF THE PORT THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT [DISTRICT] HEREBY ITIFY THAT THIS IS A TRUE AND CORRECT COPY OF DISTRICT ;OLUTION NO. 2022-13, WITH ITS REFERENCED EXHIBIT "A" ATTACHED. Page 1 of 4 Calvin Teagre!Socc etary and District Manager OR 6177 PG 74 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT, COLLIER COUNTY, FLORIDA THAT: 1. INCORPORATION OF RECITALS. All of the above representations, findings and determinations pot0in d above are recognized as true and accurate and are expressly incorporated into thiftesolution. 2. AUTHOARY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of Florida lqii, i6cluding but not limited to Chapter 190, Florida Statutes. 3. FINDINGS:' � The Board of Superuiors hereby finds and determines as follows: a. the District has pr ii66sly acquired and taken title to the real property described on the at A6he`d Exhibit "A" (the "Property"), by virtue of the issuance of a Tax Deed"',,4 copy of which is attached hereto as Exhibit "B". b. the Property is vacant',and*ur�jmproved. No improvements to the Property have been made by the 'trt s, c. since the time that the Distri ac red ownership of the Property and continuing to the present date, the District �ha not levied or imposed and is currently not levying, imposing or collecting aiyninad valorem special assessments on the Property. . d. the Property is unnecessary for "t"not- public purposes, is not needed for present or future purposes or needsIof #h District, and is not needed for public purposes or District purposes. e. the sale and disposal of the P rope rty401)b ndsay Case pursuant to that certain Vacant Land Contract (and addendum and amendments) with an effective date of April °25,,`Q22 (the "Sales Contract", a copy of which is attached hereto as Exhibjtr "CCk" hereto) is for a valid public purpose, is in the best interest of the Distri and is for the benefit of the District. f. disposal of the Property by the sale, transfer and conveyance to Lindsay Case pursuant to the Sales Contract is in the best inte,�bf the public and the District. Page 2 of 4 OR 6177 PG 75 4. Approval of Form of Special Warranty Deed, Declaration of Restrictions and Protective Covenants For Parcel 13 and Closing Agreement [Utility ERCS]. Attached hereto as Exhibit "D" are the forms of proposed Special Warranty Deed, Declaration of Restrictions and Protective Covenants For Parcel 13 and Closing Agreement as to Utility ERCS in substantially final, form, which are hereby authorized and approved, subject to such changes, additions, deletio'd insertions as shall be approved by the Chairman, which approval shall be conclusively eviOeiced by the execution thereof. The Chairman is hereby authorized to execute and the Secr-6ta is authorized to attest each such document and the Chairman is hereby authorized to` d er each such document at Closing of the sale of the Property. 5. Other Actions And<Authorizations. The Chairman, the Secretary, and all other Supervisors, officers and staffo the District are hereby authorized and directed to take all actions necessary or desirabje in ,connection with the closing of the sale, transfer and conveyance of the Property purspAht'Ao the Sales Contract, and the consummation of all transactions in connection therewith inbluding the execution of all statements, certificates, documents, papers, notices, and agreem66is necessary to the undertaking and fulfillment of all transactions referred to in or contempled byjhe Sales Contract and this Resolution. The Vice Chairman is hereby authorized to act in tie �;feel of the Chairman in any undertaking authorized or required of the Chairman hereunder, and in tlhel,pbsence of the Chairman and Vice Chairman, any other member of the District's Board Su isors is so authorized, and any Assistani Secretary is hereby authorized to act in the steel ofrth�e Secretary in any undertaking authorized or required of the Secretary hereunder. 6. Open Meetings. It is hereby found andl4eterrpined that all official acts of the Board of Supervisors of the District concerning and retatg t the Sales Contract and the sale, transfer and conveyance of the Property, including but not°ited to adoption of this Resolution, were taken in open meetings of the members of the Board an II deliberations of the members of the Board that resulted in such official acts were in meetings open.'o the public, in compliance with all legal requirements including, but not limited to, the regvrrerrents of Section 286.011, Florida Statutes. 7. Approval of Prior Actions. All actions taken to date by their embers of the Board Concerning the Sales Contract and Sale of the Property are hereby apomlvRd, confirmed and ratified. 8. Severability and Conflict. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or Page 3 of 4 OR 6177 PG 76 ineffectiveness of such section, paragraph, clause or provision. All Sections or parts of Sections of any resolutions, agreements or actions of the Board of Supervisors in conflict with this Resolution 2022-13 are hereby repealed to the extent of such conflict. 9. Effective Date. This Resolution shall take effect immediately upon its adoption. 10. Thi R� 'ution is adopted on September 16, 2022, at a duly noticed public meeting of the Board u ervisors of the Port of The Islands Community Improvement District, which public meeting was �qly held and properly noticed. t PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT By:����rT $ ' J Its: ChairANAiee ATTEST:¢ Its: Secretary/r"-%% weer t-Y Page 4 of 4 OR 6177 PG 77 EXHIBIT "A" Revised Propertv Description PARCEL A:= A parcel of land locat in the East 1/2 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, bgg�more particularly described as follows: Beginning at the Northeast corn r of Section 4, Township 52 South, Range 28 East, Collier County, Florida; thence rurr 9& h 00°19'01" West, along the East line of the Northeast 1/4 of said Section 4, for a distan of 2387.39 feet; thence run North 89040'59" West, perpendicular to the East line oft e.Nprtheast 1/4 of said Section 4, for a distance of 137.82 feet to a point on the Easierlyfine of a Service Roadway Easement; thence run North 00005'55" East, along the Easterly=line of said Service Roadway Easement, for a distance of 3.19 feet; thence run Noll 8�54'05" West along the Northerly line of said Service Roadway Easement, for a dis nc� of 35.00 feet; thence run South 00105'55" West, along the Westerly line of said Service IA06d lay Easement, for a distance of 3.06 feet; thence run North 89040'59" West for a d tance�of 77.18 feet; thence run South 001119'01" West, parallel with the East line of the NortJs'1/4 of said Section 4, for a distance of � 299.88 feet; thence run South 00120'13" est,,.parallel with the East line of the Southeast 1/4 of said Section 4, for a distance of 350.0f.�eet-;thence run South 89039'47" East, for a distance of 79.78 feet to a point on the WestefTy I e a Service Roadway Easement; thence run South 00105'55" West, along the West , jihe of said Service Roadway Easement, for a distance of 947.38 feet; thence run,,Nort 89139'47" West, for a distance of 213.29 feet; thence run North 00120'13" East, for a,disfIa�r ce of 303.59 feet, thence run North 89039'47" West, for a distance of 390.26 feet; the un South 00120'13" West for a distance of 565.00 feet; thence run North 89039'47" Wes,, r a distance of 124.74 feet; thence run South 00020'13" West, for a distance of 394.41 feet,," thence run North 891139'47" West, for a distance of 290.20 feet to a point on to I�sterly right-of-way line of the Fahka Union Canal; thence run North 00030'33" East alonglthe_ proposed Easterly right- of-way of said Fahka Union Canal for a distance of 4124.12 feet thence run North 451122'18" East, along the proposed Easterly right-of-way of said."a',Union Canal, for a distance of 224.67 feet; thence run North 89042'31" East, along the, pfrro{osed Southerly right-of-way of said Fahka Union Canal, for a distance of 676.00 feet; t er run North 44042'31" East, along the proposed Easterly right-of-way of said Fahka U ion Canal, for a distance of 387.97 feet; thence run North 00030'33" East, along the p°ro`posed Easterly right-of-way of said Fahka Union Canal, for a distance of 72.26 feet to a point on the North line of the Northeast 1/4 of said Section 4; thence run North 89142'31" East, along the North line of the Northeast 1/4 of said Section 4, for a distance of 65.00 feet to the Point of Beginning. Bearings refer to the East line of the Northeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00°19'01" West. OR 6177 PG 78 LESS AND EXCEPT FROM PARCEL A those certain lands conveyed in Official Records Book 4439, Page 1126, of the Public Records of Collier County, Florida and more particularly described as follows: A parcel of Ian . cat ` in the East Half of Section 4, Township 52 South, Range 28 East, Collier County, Fwlor- being more particularly described as follows: Begin at the Northeast corner of Section 4,:�low `ship 52 South, Range 28 East, Collier County, Florida; Begin at the Northeast corner of:Se fang,,4, Township 52 South, Range 28 East, Collier County, Florida; thence run S00°38'58"E, 'Wing the East line of the Northeast Quarter of said Section 4, for a distance of 2387.39 feeC,thence run S89021'02"W, for a distance of 137.82 feet to a point on the Easterly line of a Service Roadway Easement as recorded in O.R. Book 1567, Page 1556, of the Public Records -of -flier County, Florida; thence run N00052'04"W, along the Easterly line of said Service Radway Easement for a distance of 3.19 feet; thence run S89007'56"W, along the Northerl6,of said Service Roadway Easement for a distance of 35.00 feet; thence run S00052'0.."E; : oEng the Westerly line of said Service Roadway Easement for a distance of 3.06 feet; thence run S89121'02"W for a distance of 77.18 feet; thence run S00038'58"E, for a distancef49.43 feet; thence run S89032'34"W, for a distance of 111.67 feet; thence run R1'6°4,0- 8"W, for a distance of 125.85 feet; thence run N 53015'08"W, for a distance of 424.9 ee'tthence run S89132'34"W for a distance of 242.59 feet; thence run N46046'08"W, fora distance of 199.70 feet to a point on the proposed Easterly right-of-way line of the .Fa caAJnion Canal; thence run N00027'26"W along the proposed Easterly right-of-way Iii e-of,,tfie,Fahka Union Canal for a distance of 1455.84 feet; thence run N44124'19"E along".ep"roposed Easterly right-of-way line of the Fahka Union Canal for a distance of 224.67 feet; tlib�npe run N88044'32"E, along the proposed Easterly right-of-way line of the Fahka :U ' -'n ,Canal for a distance of 676.00 feet; thence run N43044'32"E, along the proposed Easterly`:ri lj -of-way line of the Fahka Union Canal for a distance of 387.97 feet; thence run N00° ° 2 .W, along the proposed Easterly right-of-way line of the Fahka Union Canal for a distance"o, .26 feet to a point on the North line of the Northeast Quarter of said Section 4; the run N 88044'32"E, along the North line of the Northeast Quarter of said Section 4 for a dist c of 65.00 feet to the Point of Beginning.`: PARCEL B: A parcel of land located in the Southeast 1/4 of Section 4, Township 52-560th, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida; thence run South 00120'13" West, along the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, for a distance of 350.00 feet to the Point of Beginning of the parcel of land herein described; thence continue South 00020'13" West along the East line of the Southeast 1/4 of said Section 4, for a distance of 947.37 feet; thence run North 89039'47" West, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 131.28 feet to the East line of a Service Roadway Easement; thence run North 00005'55" East, along the East line of said Service Roadway Easement, for a distance of 947.38 feet; *** OR 6177 PG 79 *** thence run South 89039'47" East, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 135.22 feet to the Point of Beginning. Bearings refer to the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00020'13" West. LESS AND EXC.E T7F� M PARCEL B those certain lands conveyed in Official Records Book 4522, Page 224'�. )fth ~.,Public Records of Collier County, Florida and more particularly described as follows, A parcel of land Iota in�pxvortion of Section 4, Township 52 South, Range 28 East, Collier County, Florida, being <raorearticularly described as follows: Commence at the Northeast'cgr11 r of the Southeast Quarter of Section 4, Township 52 south, Range 28 East, Collier Cunty, Florida; thence run S00037'46"E, along the East line of the southeast Quarter of said Section 4, for a distance of 350.00 feet to the Point of Beginning of the parcel of land lie i y"described; thence continue S00037'46"E, along the East line of the Southeast Quarter Qf laid Section 4, for a distance of 334.23 feet; thence run N45037'46"W, for a distance of 4988 feet to the beginning of a tangential circular curve concave Northeasterly; thence,ru, 4brthwesterly along the arc of said curve to the right, having a radius of 82.50 feet thro g1i a:;central angle of 45000'00" subtended by a chord of 63.14 feet at a bearing of N2 °07'4 "W, for a distance of 64.80 feet to the end of said curve; thence run N00137'46"W, fore dis rice of 85.06 feet; thence run N89022'14"E, for a distance of 215.00 feet to the Point of gf- ing. Bearings shown hereon refer to the East line th Southeast Quarter of Section 4, Township 52 South, Range 28 East, Collier Coi' 4y;�F�f ida as being S00037'46"E. AND PARCEL C: A parcel of land located in the Southeast 1/4 of Sectioh,4 wnship 52 South, Range 28 East, Collier County, being more particularly described as follows: Commence at the Southeast corner of Section 4, Township 52 South, Range 28 East; thence run N 00020'13" E along the East line of the Southeast 1/4 of sai--Section 4 for a distance of 1389.61 feet; thence N 89039'47" W for a distance of 379.57 feet, � _-the Point of Beginning of the parcel of land herein described; thence run S OQ ' 3" W for a distance of 261.41 feet; thence run N 89039'47" W for a distance of 390.26 feet'; .thee run N 00020'13" E for a distance of 565.00 feet; thence run S 89039'47" E for a distance of 390.26 feet; thence run S 00020'13" W for a distance of 303.59 feet to tlA-e-pint of Beginning. INSTR 6319680 OR 6182 PG 3290 E-RECORDED 10/19/2022 3:10 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $3,465.00 REC $27.00 CONS $495,000.00 Prepared by: Yomarie Fernandez -Jimenez, an employee of Title Specialists of the Gulf Coast, Inc., 1415 Panther Lane, Suite 121 Naples, Florida 34109 Sales Price: $495000 Doc Stamps: $3465 File Number: 22-0141, >; Warranty Deed This Indenture, made Oqtpber 18, 2022 A.D. . Between UNION A , LLC, a Florida Limited Liability Company whose post office address is: 4620 8th Ave:;` -Naples, Florida 34120, Grantor and Lindsey J. Case, whose post office address is: 119 P ahsatch Ave, Colorado Springs, CO 80903, Grantee, Witnesseth, that ih'e s I Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), to it ffin hand. paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, barge ed1'pnd sold to the said Grantee forever, the following described land, situate, lying and be%ng idthp County of Collier, State of Florida, to wit: A Parcel of land located in the Sou'thc sf'114 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, being more. art ularly described as follows: Parcel A: Commence at the Southeast corner of Sect 4 Tpwnship 52 South, Range 28 East, Collier County, Florida; thence run North 00° 20' 13",Est,'along the East line of the Southeast 1 /4 of said Section 4, for a distance of 733.79 feet to tPoJnt of Beginning of the Parcel of land herein described; thence continue North 00° 20' 1 '3'� 1 Wit, along the East line of the Southeast 1 /4 of said Section 4, for a distance of 655.82 feet' ence:.run North 89° 39' 47" West, for a distance of 131.28 feet to a point on the East line of'serve road easement, as recorded in Official Records Book 1567, Page 1556, of the Public l e rds of Collier County, Florida; thence run South 00' 05' 5 5 " West, along said service road ea ement, for a distance of 449.47 feet to the beginning of a tangential circular curve, concave-? orthwesterly; thence run Southwesterly, along said service road easement and along tlie',arc,0said curve to the right, having a radius of 65.00 feet through a central angel of 90° 00 -. 00",ubtended by a chord of 91.92 feet at a bearing of South 45°05' 55" West, for a distance--0�1 .1,0 feet to the end of said um curve; thence rNorth 89° 54' 05" West, along said service road =asement, for a distance of 95.94 feet to a point on an entrance road easement, as recorded in' ia1 Records Book 1567, Pages 1554 through 1555, of the Public Records of Collier County, Florida,; he same being the beginning of a tangential circular curve, concave Southeasterly, thence ruitI: oithwesterly, along said entrance road easement and along the are of said curve to the left, having dius of 60.00 feet, through a central angle of 89' 19' 54", subtended by a chord of 84.36 eet at a bearing of South 45° 25' 58" West, for a distance of 93.55 feet to the end of said curve; thence run South 00° 46' 0 1 " West, along said entrance road easement, for a distance of 81.13 feet; thence departing said entrance road easement, run South 89° 39' 47" East, for a distance of 350.44 feet to the Point of Beginning, more or less. Subject to taxes for the current year, covenants, restrictions and easements of record, if any. OR 6182 PG 3291 Subject to taxes for the current year, covenants, restrictions and easements of record, if any. Parcel Identification Number: 01058920513 And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In name by its ki the said Grantor has caused this instrument to be executed in its member the day and year first above written. UNION ROAD, LLC, a Florida Limited Liability Company in Our Presence: -- ---- - Welsby, Its: managing member WiinessRi ignaj Witn S #1 int Nam itn ss 2 Signatur Ledo Wi ss #2 Print Name: State of Florida County of Collier The foregoing instrument was acknowledged before me by means of hysical presence or [ ] online notarization, this [ day of October, 2022, by Mich Vf elsk the managing member of UNION ROAD, LLC, a Florida Limited Liabili Compan;y.. lirnited liability company existing under the laws of the State o Florida, on behalf of� i�ed liability company. He/She is sonally wn to me ha produced as �iden fication. YoE JIA4��yF���>< Notary Public O` 1 pgy 5 Nota rinted Name _ : oscas 0 4 My Commission Expires:: yFi (Seal) ` o� "gyp. sYM1C:���b14 *** OR 6182 PG 3292 *** Signed and ##1 Witness #2 Signat Witness 42 Print Name: State of Florida County of Collier UNION ROAD, LLC, a Florida Limited Liability Compan f .Our Presence: By: 'Y eo, I g� ember The foregoing instrument was acknowledged bent online notarization, this day of October, 2 UNION ROAD, LLC, a Florida Limited Liability`( under e State of Florida, on behalf personally known to me or has produced Fj,JENNIFERTENIEYIMY COMMISSION # HI 149760-o, EXPIRES. October26,2025 Corced Thru Qatar Pubhc Wn rwnters (Seal) by means of [ysical presence or [ ] , Paul Tateo, the managing member of >A limited liability company existing f*d liability company. He/She is L _ Notary Public a r � T"nit, _ tom mission Expires:: i PROPERTY DESCRIPTION (SHEETS 1-2 OF 3) PER TITLE COMMITMENT # 10434578 FAHKA UNION CANAL m � PARCEL A: wLn DIRT BOAT (OR 2391, PG 397) Q A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER LAUNCH � 0- COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: - - - - �- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -TOB- - - - -TOB- - - - - - - - - - - � � DIRT BOAT HIP 1/2"-LB 4608 BEGINNING AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, SIR - - _ 0.45' E FLORIDA; THENCE RUN SOUTH 00'19'01" WEST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION o - - -N 0°30'33" E (Dr - -TOB- - - - o 4, FOR DISTANCE OF 2387. 9 FEET; THENCE RUN NORTH 89 40'59" WEST, PERPENDICULAR TO THE EAST LINE � T 0 A D 3 ' ----------------- - - - - - - N 0°29 23 W 4124.12 ♦ OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE EASTERLY ----------------------- ____-------------------------------------- '23" W 2668.28' PROPOSED UTILITY EASEMENT ------------- i LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN NORTH 00'05'55" EAST, ALONG THE EASTERLY LINE OF -------------- - - - - - - - - - - ♦ SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 3.19 FEET; THENCE RUN NORTH 89'54 05 WEST ALONG PROPOSED SEWAGE I (OR 1989, PG 1044) ------------------------------------------------------------------------------ - -- -----� TREATMENT PLANT EASEMENT ♦ THE NORTHERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 35.00 FEET; THENCE RUN (TM 1567, PG EASE) ROCK ROAD I 5' WOOD x r SOUTH 00'05'55" WEST, ALONG THE WESTERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF o FENCE ; WEST,3.06 FPARALLELI WITHCE LITHE ORTH EAST L NEOOF"THEST FOR A NORTHEASTI 1/4CE OF OF SAID.18 FEET; SECTION 4,HFOREARUN DSTANCEHOF 299.88 UTILITY EASEMENT -Tlm__ FEET; THENCE RUN SOUTH 00'20'13" WEST, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID N- - - - - _ _ - -_ _ __ _ _ - SECTION 4, FOR A DISTANCE OF 350.03 FEET; THENCE RUN SOUTH 89'39'47" EAST, FOR A DISTANCE OF 79.78 o (OR 1989, PG 1044) �JI 16.0' LCEC - - _--_--_�-®-_�-=--�=-- _ _ _ _ _ _ _ _ _ -FEET O A POINT NE F A ICE ROADWAY THENCE SOUTH ------�-----------------------t` ' - _®_---------��---gam--��-- >a� -® -�- K R THENCE RUN NORTH 893947 WE FOR A DISTANCE OF 21 E THENCE RUN NORTH 002013 EA i r J - ROC ROAD o WEST, 3.29 FEET; ST, I� 6.0' LCEC II\" SIR w � FOR A DISTANCE OF 303.59 FEET; THENCE RUN NORTH 89'39'47" WEST, FOR A DISTANCE OF 390.26 FEET; (OR 252, PG 754) �� Cn o w THENCE RUN SOUTH 00'20'13" WEST FOR A DISTANCE OF 565.00 FEET; THENCE RUN NORTH 89'39'47" WEST m p ` o o FOR A DISTANCE OF 124.74 FEET; THENCE RUN SOUTH 00'20'13" WEST, FOR A DISTANCE OF 394.41 FEET; w oo I I III ` CONC � z THENCE RUN NORTH 89'39'47" WEST, FOR A DISTANCE OF 290.20 FEET TO A POINT ON THE EASTERLY z (A �� � ASPHALT ROAD ::)IIII " j co RIGHT -OF WAY LINE OF THE FAHKA UNION CANAL; THENCE RUN NORTH 00°30'33" EAST ALONG THE PROPOSED ' FIR -LB 1772 0 U J EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL FOR A DISTANCE OF 4124.12 FEET; THENCE RUN NORTH z 45'22'18" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE S 0'20'13" W (D) ®i� II 0 IiI11 ^ `o OF 224.67 FEET; THENCE RUN NORTH 89'42'31" EAST, ALONG THE PROPOSED SOUTHERLY RIGHT-OF-WAY OF 1.2 S 0'39'43" E 394.41' I v o SAID FAHKA UNION CANAL, FOR A DISTANCE OF 676.00 FEET; THENCE RUN NORTH 44'42'31" EAST, ALONG THE FIR -LB 1772 UTILITY EASEMENT I I i N ` W PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 387.97 FEET; THENCE o I NON-EXCLUSIVE EASEMENT (OR 1768, PG 1190) I IJ w RUN NORTH 00°30'33" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR uu (OR 3620, PG 1921) w �r A DISTANCE OF 72.26 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4; (OR 1817, PG 80) / I I I o z THENCE RUN NORTH 89'42'31" EAST, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR a A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. wN� o IIII , M cn 00 w / --- --- 00 ® FIR -LB 1772 I li I I 00 LESS AND EXCEPT FROM PARCEL A cV Li Z III, Z J I I III S 0°20'13" W (D �'-\ i THOSE CERTAIN LANDS CONVEYED IN OFFICIAL RECORDS BOOK 4439, PAGE 1126, OF THE PUBLIC RECORDS OF L L r CONC CURB I COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: z I I CONC CURB S 0°39'43 _E 565.00' ___ I II �o SI Cl)� ��_N 0 20 13 E (D}__ /�. R / A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER o I OVERGROWN I I / ♦ COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF o I I ASPHALT ��\�--j I IIII / SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; BEGIN AT THE NORTHEAST CORNER o �r I I 0 / OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00'38'58"E, a I II �i 17.8'x40.2' ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 2387.39 FEET; i SHED I IIII /� MATCHLINE THENCE RUN S89'21'02"W, FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE EASTERLY LINE OF A SERVICE ROADWAY EASEMENT AS RECORDED IN O.R. BOOK 1567, PAGE 1556, OF THE PUBLIC RECORDS OF COLLIER o li i / I PARCEL A SEE SHEET 2 OF 3 COUNTY, FLORIDA; THENCE RUN N00'52'04"W, ALONG THE EASTERLY LINE OF SAID SERVICE ROADWAY EASEMENT o III FOR A DISTANCE OF 3.19 FEET; THENCE RUN S89'07'56"W, ALONG THE NORTHERLY LINE OF SAID SERVICE ASPHALT -(o ;j PER TITLE COMMITMENT #10434578 / p ROADWAY EASEMENT FOR A DISTANCE OF 35.00 FEET; THENCE RUN SOU52'04"E, ALONG THE WESTERLY LINE OF �i SAID SERVICE ROADWAY EASEMENT FOR A DISTANCE OF 3.06 FEET; THENCE RUN S89'21'02 W FOR A DISTANCE I n IS i D �� OF 77.18 FEET; THENCE RUN S00'38'58"E, FOR A DISTANCE OF 69.43 FEET; THENCE RUN S89'32'34"W, FOR A o o i O DISTANCE OF 111.67 FEET; THENCE RUN N4646'08"W, FOR A DISTANCE OF 125.85 FEET; THENCE RUN N M PARCEL C �P� 53'15'08"W, FOR A DISTANCE OF 424.94 FEET; THENCE RUN S89'32'34"W FOR A DISTANCE OF 242.59 FEET; C)I r / _ co THENCE RUN N46'46'08"W, FOR A DISTANCE OF 199.70 FEET TO A POINT ON THE PROPOSED EASTERLY LAKE o ili / RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL; THENCE RUN N00'27'26"W ALONG THE PROPOSED EASTERLY z o I m CDM ROCK ROAD 1 �m 00 z I j n I16.0' LCEC / RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 1455.84 FEET; THENCE RUN N44'24'19"E `n I I co 0O 00 (OR 3589, PG 1743 / ♦ � ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 224.67 CONC j I cn cn z ) ♦ �O p`b FEET; THENCE RUN N8844'32"E, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION SIDEWALK I I / ♦o � CANAL FOR A DISTANCE OF 676.00 FEET; THENCE RUN N4344'32"E, ALONG THE PROPOSED EASTERLY CONC CURB 6.0' LCEC / ♦ C_' ) RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 387.97 FEET; THENCE RUN NOD 27'26 W, I i (OR 252, PG 754) IIII 4co ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 72.26 I _ -` _ g� I /♦ FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN N / 1 POB �� -- �O IQ / SIR 88'44'32"E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF 65.00 (PARCEL C) FIR -NO ID III i FEET TO THE POINT OF BEGINNING. i /0.27' N / �` �i I � I / ♦ PARCEL B: S 0°20'13" W (D) S 46°48'05" E 125.85' II / N 46°46'08" W (D) (LESS AND EXCEPT) A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, FIR -LB 1772 S 0°39'23" E 261.41' N 0°39'43" W 303.59' w SIR COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 0.16' W S O°20'33" W (D) I N O°20'13" E (D) Li cn w j ACCESS EASEMENT w / COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 c, N 89°30'37" E 111.67' (OR 5206, PG 743) I (OR 2099, PG 625) o , Q a 1 00 / / EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00°20'13" WEST, ALONG THE EAST LINE OF THE SOUTHEAST ;� I Q o N S 89°32'34" W (D) (LESS AND EXCEPT) (IMPROVED) n I o n 1, ^^ I co / 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF o rn o 00 FIR -NO ID / 350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE M I o � z c`, n o II 11 S 0°39'43" E Z 0.20' N S 0°40'53" E 230.44' / / I SOUTH 00'20'13" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF d o > S O'40'55" E 69.43' w ^ N 0 I II 85.06' ` / / / S 0°38'58" E (D) (LESS AND EXCEPT) 947.37 FEET; THENCE RUN NORTH 89'39'47" WEST, PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST 1/4 ROCK ROAD OF SAID SECTION 4, FOR A DISTANCE OF 131.28 FEET TO THE EAST LINE OF A SERVICE ROADWAY EASEMENT; � o' I I FIR -NO ID / m U C) M o r- 0000 I Ili 0.19, W ° SIR �_ _ _ _ _ _ _ _ _ THENCE RUN NORTH 00'05'55" EAST, ALONG THE EAST LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A o ¢ �' n N o o I S 89° 19'05" W 77.18' DISTANCE OF 947.38 FEET; THENCE RUN SOUTH 89'39'47" EAST, PERPENDICULAR TO THE EAST LINE OF THE z o I rn , S 0 39'43" E_35-003' 0°40'55" E 299.88'- SIR w o °' N I 00 � o v � S 0°20'13" W D /�N 89'40'59" W (D) SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 135.22 FEET TO THE POINT OF BEGINNING. Y 00 0- � c? S 89°21'02" W (D) (LESS AND EXCEPT) Z o I z S 0°05'55" W (D) 0 I III PARCEL N0. 01058920209 BEARINGS REFER TO THE EAST LINE OF THE SOUTHEAST 1 4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 v G1 FIR -LB 1772 / m I S 0°54'01" E q L FN 89°20'17" E 79.78' 0.45' E EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00'20'13" WEST. �, �, (IMPROVED) OR 1989, S O'54'01 " E 3.06' SIR 947 38' SIR 89°39'47' E (D) PG 1054) S 0°05'55" W D) -------------------------------------------------------------- S 0°52'04" E (D) (LESS AND EXCEPT)LESS AND EXCEPT FROM PARCEL B THOSE CERTAIN LANDS CONVEYED IN OFFICIAL RECORDS BOOK 4522, PAGE 0°54'01" E-782.68'- SIR S 45°39'43" ER -NO ID UNION RD FIR -NO ID 2249, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ROCK ROAD N 0°54'01 " W 947.38' / 30.11' 0.24' W (OR 1567, PG 1549) 0.51' W S 89'05'59" W 35.00' N 0°54'01" W SIR ---------------------------------------------- - N 89°54'05" W (D) A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER FPK-NO ID-1/ S 89°07'56" W (D) (LESS AND EXCEPT) 0.14' E, 0.44' S 747.54' ill w o COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A - N 0°05'55" E (D) FIR -ILLEGIBLE - LESS & EXCEPT _ ``' PARCEL NO. 01058920209 0.53' W, 0.34' N N 0'54'01" W 3.19' COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, SEE SHEET 3 OF 3 0 PARCEL B II FROM PARCEL B o (IMPROVED) LESS OUT i N 0°05'55" E (D) RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00'37'46"E, ALONG THE EAST LINE OF THE SOUTHEAST N - °`35'I� N "' - OR 1989, PG 1054 N 0°52'04" W (D) (LESS AND EXCEPT) PER TITLE COMMITMENT #22-0141 M rn _ _ SEE DETAIL rn ( ) i QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL ---------- w_-o�---- - _ _ �g 00 o PROPOSED WATER TREATMENT j OF LAND HEREIN DESCRIBED; THENCE CONTINUE S00°37'46"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER --------- ---- -�- - - -_ _ - _ - - _ - _ - - _ - _ - _ " z S 89° 19'05" W 137.82' OF SAID SECTION 4, FOR A DISTANCE OF 334.23 FEET; THENCE RUN N4537'46"W, FOR A DISTANCE OF 269.88 N 0°20'13' E (D)--------------- -- ---_ -----_ ------------- - -� -------------- FACILITY EASEMENT ------- / - �, (OR 1989, PG 1054) N O'39'43" W 1389.61' z---- ----------------��� vI----------- J (R 156 PG 154) ( ) --- --- --_ --- - - - -- - --- O'39'4a" E--61 .14'-=- --- 0 7 9 � FEET TO THE IN NIL CIRCULAR U NORTHEASTERLY; U --- -- _ _ _ _ _ _ _ _ � S 89 NORTHWESTERLY W (D) LESS AND EXCEPT NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A S 0°20'13" W 947.37' CENTRAL ANGLE OF 45'00'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF N23'07'46"W, FOR A w N N FIR -NO ID S 0°39'43" E 350.00' EAST LINE OF SECTION 4-52-28 DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN N00'37'46"W, FOR A DISTANCE OF 85.06 m N N S 0°20'13" W (D) LEANING S 0'20'13" W D FEET; THENCE RUN N89'22'14"E, FOR A DISTANCE OF 215.00 FEET TO THE POINT OF BEGINNING. tpC FIR -NO ID N N (LEANING) () FIR -LB 1772� CD CD CD rn o 1.30' E, 0.69' S S 0°37'46" E (D) (LESS & EXCEPT PARCEL B) 0.33' W j SE CORNER OF SECTION 4 0.55' S o ° m = 00 FIR -LB 1772 POB BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 (PARCEL C) o C 0 r"i o a PARCEL NO. 01058800002 0.22' S POC SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING S00'37'46"E. � o o � a PARCEL B FCM 4"x4" w/ BRASS DISK m m (WOODED) NE CORNER OF THE O N N N o (LESS & EXCEPT FROM PARCEL B) SE 1/4 OF SECTION 4 AND PER CCR 090458 U-) o " N o 0 0 (PARCEL B) om o (LESS & EXCEPT FROM PARCEL B) PARCEL C: 5 x5 FCM A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, PER CCR 065407 COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST; THENCE RUN N 0920'13" E ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4 FOR A DISTANCE OF 1389.61 FEET; THENCE N 89'39'47" W FOR A DISTANCE OF 379.57 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 00°20'33" W FOR A DISTANCE OF 261.41 FEET; THENCE RUN N 89'39'47" W FOR A DISTANCE OF 390.26 FEET; THENCE RUN N 00'20'13" E FOR A DISTANCE OF 565.00 FEET; THENCE RUN S 89'39'47" E FOR A DISTANCE OF 390.26 FEET; THENCE RUN S 00'20'13" W FOR A DISTANCE OF VICINITY MAP 303.59 FEET TO THE POINT OF BEGINNING. NOT TO SCALE ALSO INCLUDING (SHEET 3 OF 3) PER TITLE COMMITMENT # 22-0141 THE LAND IS DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ffiT -N- RF PARCEL A: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, 5O' 1 OO' 2OO' FLORIDA; THENCE RUN NORTH 00' 20' 13" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION SCALE: 1 = 100' 4, FOR A DISTANCE OF 733.79 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THIS PLAN MAY HAVE BEEN ENLARGED OR 1p THENCE CONTINUE NORTH 00' 20' 13" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, REDUCED FROM INTENDED DISPLAY SCALE 0 SITE FOR A DISTANCE OF 655.82 FEET; THENCE RUN NORTH 89' 39' 47" WEST, FOR A DISTANCE OF 131.28 FEET TO A FOR REPRODUCTION REASONS POINT ON THE EAST LINE OF A SERVICE ROAD EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 1567, PAGE 1556, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 09 05' 55" WEST, ALONG SAID SERVICE ROAD EASEMENT, FOR A DISTANCE OF 449.47 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR MARCO CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG SAID SERVICE ROAD EASEMENT AND ISLAND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 65.00 FEET THROUGH A CENTRAL ANGEL OF 90' 00' 00", SUBTENDED BY A CHORD OF 91.92 FEET AT A BEARING OF SOUTH 45'05' 55" WEST, FOR A DISTANCE OF 102.10 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 89' 54' 05" WEST, ALONG SAID SERVICE ROAD EASEMENT, FOR A DISTANCE OF 95.94 FEET TO A POINT ON AN ENTRANCE ROAD EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 1567, PAGES 1554 THROUGH 1555, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, THENCE RUN SOUTHWESTERLY, ALONG SAID ENTRANCE ROAD EASEMENT AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 89, 19' 54", SUBTENDED BY A LEGEND CHORD OF 84.36 FEET AT A BEARING OF SOUTH 45' 25' 58" WEST, FOR A DISTANCE OF 93.55 FEET TO THE END POC POINT OF COMMENCEMENT PB PLAT BOOK ELEV ELEVATION 0 CATCH BASIN UGHT POLE OF SAID CURVE; THENCE RUN SOUTH 00' 46' 01" WEST, ALONG SAID ENTRANCE ROAD EASEMENT, FOR A DISTANCE POB POINT OF BEGINNING OR OFFICIAL RECORDS BOOK INV INVERT ELEVATION 0 DRAINAGE MANHOLE Q TELEPHONE MANHOLE NOT VALID WITHOUT OF 81.13 FEET; THENCE DEPARTING SAID ENTRANCE ROAD EASEMENT, RUN SOUTH 89' 39' 47" EAST, FOR A FIP O FOUND IRON PIPE PG PAGE(S) RIM RIM ELEVATION [�J MITERED END ❑T TELEPHONE RISER/BOX SHEETS I -3 OF 3 DISTANCE OF 350.44 FEET TO THE POINT OF BEGINNING, MORE OR LESS. FIR O FOUND 5/8" IRON ROD SIR • SET 5/8" IRON ROD w/CAP, LB. #5151 FCM ❑ FOUND CONCRETE MONUMENT SCM ■ SET CONC. MONUMENT w/ALUMINUM DISK, L.B. #5151 FPK 0 FOUND PARKER KALON NAIL SPK A SET PARKER KALON NAIL w/ALUMINUM DISK, L.B.# 5151 FDH O FOUND DRILL HOLE SDH 0 SET DRILL HOLE FMN A FOUND MAG NAIL SMN A SET MAG NAIL (P) PLAT (M) MEASURED (C) CALCULATED (D) DEED/TITLE COMMITMENT DETAIL SCALE: 1 "=60' N 0°37'46" W GN 85.06' (D) o 0 Ln k� LESS & EXCEPT N FROM PARCEL B w N N C, 00 z S 0°37'46" E 334.23' (D) CURVE TABLE CURVE # RADIUS LENGTH DELTA CHORD BEARING CHORD LENGTH Cl 82.50' 64.80' 45'00'00" S 23'09'43" E 63.14' C1 (D) 82.50' 64.80' 45'00'00" N 23'07'46" W 63.14' PSM PROFESSIONAL SURVEYOR AND MAPPER A/C AIR CONDITIONING UNIT/PAD ❑O YARD DRAN © CABLE TELEVISION RISER/BOX LB UCENSED BUSINESS CONIC CONCRETE WV ® WATER VALVE (D ELECTRIC MANHOLE SPC STATE PLANE COORDINATES CMP CORRUGATED METAL PIPE ❑W WATER METER E ELECTRIC RISER/BOX/METER ROW RIGHT-OF-WAY CPP CORRUGATED PLASTIC PIPE mmm BACK FLOW PREVENTOR FETI ELECTRIC TRANSFORMER PILE PUBUC UTILITY EASEMENT RCP REINFORCED CONCRETE PIPE 4- FIRE HYDRANT F01 TRAFFIC UGHT CUE COUNTY UTIUTY EASEMENT CHW CONCRETE HEADWALL O FIRE DEPARTMENT CONNECTION + UNDERGROUND UTIUTY MARKER LIE UTIUTY EASEMENT TOB TOP OF BANK ® BACTERIA SAMPLE POINT --0-- SIGN ON POLE AE ACCESS EASEMENT TOS TOE OF SLOPE + AIR RELEASE VALVE L] MAILBOX DE DRAINAGE EASEMENT EOW EDGE OF WATER IRV ® IRRIGATION VALVE/ CONTROL VALVE CLF CHAIN LINK FENCE LIVE LAKE MAINTENANCE EASEMENT CENTER LINE GV ® GAS VALVE CCR CERTIFIED CORNER RECORD LBE LANDSCAPE BUFFER EASEMENT EOP EDGE OF PAVEMENT © GAS LINE MARKER w/ WITH OH OH IRRE IRRIGATION EASEMENT BOIL BOLLARD © GAS MARKER LCEC LEE COUNTY ELECTRIC COOPERATIVE OVERHEAD WIRES FPL FLORIDA POWER AND LIGHT cr GREASE TRAP UTILITY POLE - WOOD BSUE BONITA SPRINGS UTIUTY EASEMENT �s SANITARY MANHOLE UTILITY POLE - CONCRETE NAVD NGVD NORTH AMERICAN VERTICAL DATUM OF 19 NATIONAL GEODETIC VERTICAL DATUM OF 19 192E CO SV p (& CLEAN OUT SEWER SEWER VALVE �f� GUY ANCHOR OVERHEAD WIRES ❑ - ASPHALT ❑ - CONCRETE ❑ - GRAVEL QW I O O I rn N I N j co O R O Z O 2 O Lo N N I N N N O N ti W O W j V) C� MATC SEESHE ,f: V FAHKA UNION CANAL NOTES: (OR 2391, PG 397) Q 1. BEARINGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR FLORIDA EAST J a- ZONE, 1983 DATUM WITH 2O11 ADJUSTMENT OBTAINED UTILIZING RTK GPS Q OBSERVATIONS ON THE FDOT NETWORK AND REFER TO THE EAST LINE OF SECTION 4-52-28, COLLIER COUNTY, FLORIDA AS BEING S 0'40'55" E. ♦ N 0°30'33" E (D) 0 0 2. THIS SURVEY WAS PREPARED WITH THE BENEFIT OF A TITLE COMMITMENT ♦ ♦ N 0°29'23" W 4124.12' PROVIDED BY CHICAGO TITLE INSURANCE COMPANY, WITH AN ORDER NO. ♦ �, 10434578, HAVING AN EFFECTIVE DATE OF MAY 2, 2022 AT 8:00 AM AND A ♦♦- - -- -- N 0'29'23" W 1455.84' TITLE COMMITMENT PROVIDED BY OLD REPUBLIC NATIONAL TITLE INSURANCE ♦ N 0`27 26'-W D LESS AND EXCEPT ---------------------------------------------- �9' COMPANY, WITH A FILE NUMBER 22-0141, HAVING AN EFFECTIVE DATE OF ♦ ��p FEBRUARY 15, 2022 AT 8:00 ti� 3. AND MAY BE SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF A� a, J RECORD. ALL MATTERS OF TITLE SHOULD BE REFERRED TO AN ATTORNEY AT ♦ `� �2 �� �FJ LAW. ♦ �'� S9 4. THIS PROPERTY IS LOCATED WITHIN FLOOD ZONE AE, HAVING A BASE FLOOD rp �O ELEVATION OF 7.0' (NAVD 88), PER THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP # 12021C 0860 H, DATED 5/16/2012. ` Gj, Fob 5. CERTAIN FEATURES REPRESENTED BY SYMBOLS MAY NOT BE SHOWN AT THEIR TRUE LOCATION AND/OR SCALE IN ORDER TO BE ABLE TO DEPICT THEM ON i NON-EXCLUSIVE EASEMENT ` THIS MAP. ` 6. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF. (OR 3620, PG 1921) 7. THIS SURVEY DOES NOT ADDRESS ANY ENVIRONMENTAL CONCERNS, ENDANGERED WILDLIFE OR JURISDICTIONAL WETLANDS, IF ANY, EXCEPT AS SHOWN ON THIS SURVEY. 8. THIS CERTIFICATION IS ONLY FOR THE LANDS DESCRIBED HEREON. IT IS NOT A CERTIFICATION OF TITLE, ZONING, SETBACKS, OR FREEDOM OF ENCUMBRANCES. i j 9. THIS SURVEY IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OR THE I I DIGITAL SIGNATURE AND DIGITAL SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER. NO ADDITIONS OR DELETIONS TO THIS SURVEY MAP ARE PERMITTED i WITHOUT THE EXPRESSED WRITTEN CONSENT OF THE SIGNING PARTY. I I 10. UNLESS OTHERWISE NOTED, BELOW GROUND UTILITIES AND FOUNDATIONS WERE NOT LOCATED FOR THE PURPOSES OF THIS SURVEY. i j 11. BY SIGNING BELOW I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY I I DIRECTION AND THAT IT MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.051, F.A.C, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. 12. COMBINED SUBJECT PARCELS CONTAIN 51.53 ACRES, MORE OR LESS. OR 3253, PG 1221) (WOODED) .3" W 72.26' i3" E (D) 16 W (D) VD EXCEPT) 88°42'35" E 65.00' 89°42'31" E (D) 88°44'32" E (D) _ESS AND EXCEPT) ;EL A) & EXCEPT FROM PARCEL A) i/4" IN CONCRETE CCR 063951 LEGEND 0 50' 100' 200' SCALE: 1" = 100' THIS PLAN MAY HAVE BEEN ENLARGED OR REDUCED FROM INTENDED DISPLAY SCALE FOR REPRODUCTION REASONS POC POINT OF COMMENCEMENT PB PLAT BOOK ELEV ELEVATION 0 CATCH BASIN � UGHT POLE POB POINT OF BEGINNING OR OFFICIAL RECORDS BOOK INV INVERT ELEVATION OO DRAINAGE MANHOLE Q TELEPHONE MANHOLE FlP O FOUND IRON PIPE PG PAGE(S) RIM RIM ELEVATION EJ MITERED END ❑T TELEPHONE RISER/BOX FIR O FOUND 5/8" IRON ROD PSM PROFESSIONAL SURVEYOR AND MAPPER A/C AIR CONDITIONING UNIT/PAD ❑O YARD DRAN © CABLE TELEVISION RISER/BOX SIR • SET 5/8" IRON ROD w/CAP, LB. #5151 LB UCENSED BUSINESS CONIC CONCRETE WV ® WATER VALVE (1) ELECTRIC MANHOLE FCM ❑ FOUND CONCRETE MONUMENT SPC STATE PLANE COORDINATES CMP CORRUGATED METAL PIPE ❑W WATER METER E❑ ELECTRIC RISER/BOX/METER SCM ■ SET CONC. MONUMENT w/ALUMINUM DISK, ROW RIGHT-OF-WAY CPP CORRUGATED PLASTIC PIPE mmm BACK FLOW PREVENTOR ❑ET ELECTRIC TRANSFORMER L.B. #5151 PUE PUBUC UTILITY EASEMENT RCP REINFORCED CONCRETE PIPE 4- FIRE HYDRANT F01 TRAFFIC UGHT FPK 0 FOUND PARKER KALON NAIL CUE COUNTY UTIUTY EASEMENT CHW CONCRETE HEADWALL O FIRE DEPARTMENT CONNECTION + UNDERGROUND UTILITY MARKER SPK A SET PARKER KALON NAIL w/ALUMINUM UE UTIUTY EASEMENT TOB TOP OF BANK ® BACTERIA SAMPLE POINT --C)-- SIGN ON POLE DISK, L.B.# 5151 AE ACCESS EASEMENT TOS TOE OF SLOPE + AIR RELEASE VALVE L] MAILBOX FDH O FOUND DRILL HOLE DE DRAINAGE EASEMENT EOW EDGE OF WATER IRV ® IRRIGATION VALVE/ CONTROL VALVE CLF CHAIN LINK FENCE off off - SDH SET DRILL HOLE DRILL LIVE LAKE MAINTENANCE EASEMENT � CENTER LINE GV ® GAS VALVE CCR CERTIFIED CORNER RECORD OVERHEAD WIRES FMN 0 FOUND D G NAIL LBE LANDSCAPE BUFFER EASEMENT EOP EDGE OF PAVEMENT © GAS LINE MARKER w/ WITH SMN SET IRRE IRRIGATION EASEMENT BOIL� BOLLARD c © GAS MARKER LCEC LEE COUNTY ELECTRIC COOPERATIVE (P) PLAT FPL FLORIDA POWER AND LIGHT cr �s GREASE TRAP �,j UTILITY POLE -WOOD BSUE BONITA SPRINGS UTILITY EASEMENT SANITARY MANHOLE UTILITY POLE -CONCRETE (M) (C) MEASURED CALCULATED NAVD NGVD NORTH AMERICAN VERTICAL DATUM OF 1988 NATIONAL GEODETIC VERTICAL DATUM OF 1929 CO SV p (& CLEAN OUT SEWER VALVE �`f� GUY ANCHOR OVERHEAD WIRES = ASPHALT = CONCRETE =GRAVEL (D) DEED/TITLE COMMITMENT QW WELL ti FI F 0.27' I SE CORNER OF SECTION 4 0.55' S (PARCEL A) FCM 4"x4" w/ BRASS DISK PER CCR 090458 LEGEND POC POINT OF COMMENCEMENT PB PLAT BOOK ELEV ELEVATION F=—1 CATCH BASIN POB POINT OF BEGINNING OR OFFICIAL RECORDS BOOK INV INVERT ELEVATION OD DRAINAGE MANHOLE FIP O FOUND IRON PIPE PG PAGE(S) RIM RIM ELEVATION [�j MITERED END FIR O FOUND 5/8" IRON ROD PSM PROFESSIONAL SURVEYOR AND MAPPER A/C AIR CONDITIONING UNIT/PAD YARD DRAIN SIR • SET 5/8" IRON ROD w/CAP, LB. #5151 LB LICENSED BUSINESS CONC CONCRETE WV ® WATER VALVE FCM ❑ FOUND CONCRETE MONUMENT SPC STATE PLANE COORDINATES CMP CORRUGATED METAL PIPE ❑W WATER METER SCM ■ SET CONC. MONUMENT w/ALUMINUM DISK, ROW RIGHT—OF—WAY CPP CORRUGATED PLASTIC PIPE mmm BACK FLOW PREVENTOR L.B. #5151 PUE PUBLIC UTILITY EASEMENT RCP REINFORCED CONCRETE PIPE 4- FIRE HYDRANT FPK 0 FOUND PARKER KALON NAIL CUE COUNTY UTILITY EASEMENT CHW CONCRETE HEADWALL O FIRE DEPARTMENT CONNECTION SPK A SET PARKER KALON NAIL w/ALUMINUM UE UTILITY EASEMENT TOB TOP OF BANK ® BACTERIA SAMPLE POINT DISK, LB.# 5151 AE ACCESS EASEMENT TOS TOE OF SLOPE + AIR RELEASE VALVE FDH O FOUND DRILL HOLE DE DRAINAGE EASEMENT EOW EDGE OF WATER IRV ® IRRIGATION VALVE/ CONTROL VALVE SDH DRILL • SET DRILL HOLE LME LAKE MAINTENANCE EASEMENT CE CENTER LINE GV ® GAS VALVE FMN *FOUND D NAIL LBE LANDSCAPE BUFFER EASEMENT EOP EDGE OF PAVEMENT © GAS LINE MARKER SMN SET NAIL IRRE IRRIGATION EASEMENT BOL BOLLARD ® GAS MARKER FPL FLORIDA POWER AND LIGHT ct GREASE TRAP UTILITY POLE — WOOD (P) PLAT BSUE BONITA SPRINGS UTILITY EASEMENT Qs SANITARY MANHOLE 0 UTILITY POLE —CONCRETE (M) MEASURED NAVD NORTH AMERICAN VERTICAL DATUM OF 1988 CO O CLEAN OUT GUY ANCHOR (C) CALCULATED NGVD NATIONAL GEODETIC VERTICAL DATUM OF 1929 SV 0 SEWER VALVE WIRES (D) DEED/T1TLE COMMITMENT ® WELL -)E LIGHT POLE QT TELEPHONE MANHOLE ❑T TELEPHONE RISER/BOX © CABLE TELEVISION RISER/BOX QE ELECTRIC MANHOLE ❑E ELECTRIC RISER/BOX/METER ❑ET ELECTRIC TRANSFORMER ® TRAFFIC LIGHT + UNDERGROUND UTILITY MARKER —U-- SIGN ON POLE MAILBOX CLF CHAIN LINK FENCE CCR CERTIFIED CORNER RECORD w/ WITH OH OH OVERHEAD WIRES 1-1 = ASPHALT Q = CONCRETE 1-1 = GRAVEL PARCEL NO. 01058800002 (WOODED) CURVE TABLE CURVE # RADIUS LENGTH DELTA CHORD BEARING CHORD LENGTH Cl 60.00' 93.55' 89'19'54" S 44'26'02" W 84.36' C1 (D) 60.00' 93.55' 89'19'54" S 45'25'58" W 84.36' C2 65.00' 102.10' 90'00'00" N 44'05'59" E 91.92' C2 (D) 65.00' 102.10' 90'00'00" S 45'05'55" W 91.92' CK ROAD PARCEL B SEE SHEET 1 OF 3 PER TITLE COMMITMENT #10434578 0 15' 30' 60' SCALE: 1 " = 30' THIS PLAN MAY HAVE BEEN ENLARGED OR REDUCED FROM INTENDED DISPLAY SCALE FOR REPRODUCTION REASONS Collier Environmental Consultants Inc. Telephone (239) 263-2687 morcoe6prodtgy.net 3211 68m Street SW Naples, Florida 34105 October 21, 2022 Mike Delate Grady Minor and Associates 3800 Via Del Rey Bonita Springs, Florida 34109 RE: Port of the Islands To Whom It May Concern, Collier Environmental Consultants Inc examined a parcel located in Section 04, Township 52, Range 28 in Collier County. The subject parcel consists of approximately 60 acres. This parcel was previously cleared, and some remnant evidence of development still exists. The area has footprints of previous building, roadways and fire hydrants. The cleared areas consist of open pasture like areas. The area is vegetated with Bahia grass, broom sedge, and Mexican clover. The site contains no native habitat. We traversed the entire area looking for gopher tortoises and/or any potential listed species. Any wildlife utilization is limited to the area along the Faka Union canal or the neighboring vegetated area Fakahatchee Strand Preserve Park. In summary, no listed species (animal) vertebrate species were identified on site. Any development of this parcel will require the standard Collier County permits and an Envirommnetal Resource Permit from South Florida Water Management District. That said, no environmental issues should be anticipated. Some standard environmental information may still be required. Should you have any question please feel free to call anytime. A. Espinar FLUCCS CODES 133 Multiple (Condo) Units 211 Improved Pasture 833 Water Treatment Facility 1894 Shooting Range 5 AERIAL • Write a description f•your map. 4 a i t n 0 I Tai�i2rni Trarl•E Wy * #O (5 o I_a 0 Q r) (1 Google Earth y :+ge Landsat / 3e(5pernicus r% 1 mi •J 3000 ft =RIC H H H H H H H H H H H . H H COLLIER COUNTY SOIL LEGEND REVISED 1190 H. YAMATAKI 2 3 4 6 7 8 10 11 14 15 16 17 18 20 21 22 23 25 27 28 29 31 32 33 34 35 36 37 38 itm H 40 41 42 H 43 H 48 H 49 H. so .. H 51 H 52 - H 53 H 54 H 56 HOLOPAW FS, LIMESTONE SUBSTRATUM MALABAR FS. CHOBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS DEPRESSIONAL RIVIERA, LIMESTONE SUBSTRATUM-COPELAND FS IMMOKALEE FS MYAKKA FS OLDSMAR FS, LIMESTONE SUBSTRATUM HALLANDALE FS PINEDA FS, LIMESTONE SUBSTRATUM POMELLO FS OLDSMAR FS BASINGER FS RIVIERA FS, LIMESTONE SUBSTRATUM FT. DRUM AND MALABAR HIGH-FS BOCA FS CHOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL HOLOPAW AND OKEELANTA SOILS DEPRESSIONAL BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL HOLOPAW FS PINEDA AND RIVIERA FS WABASSO FS HILOLO LIMESTONE SUBSTRATUM, JUPITER AND MARGATE SOILS URBAN LAND URBAN LAND HOLOPAW BASINGER COMPLEX URBAN LAND IMMOKALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX URBAN LAND AQUENTS COMPLEX ORGANIC SUBSTRATUM UDORTHENTS SHAPED TUSCAWILLA FS URBAN LAND MATLACHA LIMESTONE SUBSTRATUM! BOCA COMPLEX SATELLITE FS DURBIN AND WULFERT MUCKS URBAN LAND SATE14LITE COMPLEX CANAVER.AL BEACHES ASSOCIATION WINDER, RIVIERA-; L'TMESTONE SUBSTRATUM'AND, CHOBEE SOILS DEPRESSIONAL PAOLA FS (1-8 percent slopes) PENNSUCCO SOIL (marl prairie) HALLANDALE AND BOCA FS (slough) OCHOPEE FSL, PRAIRIE (marl) OCHOPEE FSL KESSON MUCK FREQUENTLY FLOODED ESTERO AND PECKISH SOILS FREQUENTLY -FLOODED JUPITER BOCA COMPLEX BASINGER FS, OCCASIONMLLY-FLOODED JMBTRANSPOP,TATION ENGINEERING, INC. TRAFFIC/TRANSPORTATI❑N ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT 12425 Union Road RPUD (Collier County, Florida) October 10, 2022 Revised February 2, 2023 County TIS Review Fees TIS Methodology Review Fee = $500. 00 TIS (Major Study) Review Fee = $1,500.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLES , FL_13RI DA 3 4 1 1 9 DER T WICATE ❑F AUTH❑RIZATION NO. 27B 3O (JMB PROJECT N❑. 22EIB 1 5) TABLE OF CONTENTS Summation and Conclusions 2 Methodology 3 Scope of Project 3 Table A - Proposed Land Uses 3 Figure 1 - Project Location & E+C Road Classification 3.1 Master Concept Plan 3.2 New Project Generated Traffic 4 Table B - Vested and Net New Generated Trips 4 Table 1—Trip Generation Computations 4.1 Existing + Committed Road Network 5 Project Traffic Distribution 5 Area of Significant Impact 5 Figure 2 - Project Traffic Distribution 5.1 Table 2 - Area of Impact/Road Classification 5.2 2022 thru 2028 Project Build -out Traffic Conditions 6 Table 3 - 2022 & 2028 Link Volumes 6.1 Table 4 - 2028 Link Volumes/Capacity Analysis 6.2 Appendix 7 Summation and Conclusions 12425 Union Road RPUD is a proposed residential development that will be located at the northern terminus of Union Road within the southeast area of Collier County, Florida. The RPUD proposes to construct 109 single-family dwelling units and have access to U.S. 41 via the existing full intersection of Union Road and U.S. 41. It was determined that all roadways, within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the proposed 108 dwelling units, except for U.S. 41 (southeast of Greenway Road). For that two-lane segment of U.S. 41, the AUIR report uses traffic counts and growth rates that were obtained/established along the four -lane and six -lane segments of U.S. 41 (i.e., northwest of Greenway Road). The four -lane and six -lane segments of U.S. 41 are subject to substantially greater traffic demands than the two-lane link to the southeast of Greenway Road. Based upon the AUIR's use of incorrect traffic data for this specific link of U.S. 41, the forecasted traffic demand will exceed the road's adopted level of service standard (LOS D) by the year 2028. As a rebuttal to the ALTIR report's results, an alternative and more accurate evaluation of this link's capacity was performed based upon traffic counts collected on U.S. 41(southeast of Greenway Road) as discussed in the following paragraph. Link --Specific Concurrency results based upon Traffic Founts provided by this Study On March 18, 2021, traffic counts were collected for U.S. 41 (southeast of Greenway Road), which revealed that the PM peak hour peak direction demand was 570 vph and the peak direction was westbound. As determined, that segment of U.S. 41 will operate at LGS C and have a v/e ratio = 0.72 by the year 2028 and at project build -out. Because the proposed RPUD will not cause any transportation capacity -related deficiencies to occur, the Developer will not be required to fund any off -site roadway improvementslmitigation, other than the payment of road impact fees, which will be used to fund a portion of the costs of area -wide improvements as established by Collier County's CIE and Long -Range Transportation Plan (LRTP). More specifically, the Developer will be required to pay for the project's portion of "consumed" capacity via payment of road impact fees. As set forth by Collier County's Impact Fee Ordinance, the fees are a pro rata assessment towards the funding of area -wide transportation improvements in order to support new growth. The amount of road impact fees paid per type of land use are determined via a "consumption -based impact fee approach", in which new development is charged based upon the proportion of vehicle -miles of travel (VMT) that each unit of new development is expected to consume of a lane mile of roadway network. The cost of consumed lane mile is based upon current roadway construction costs within Collier County. Therefore, the payment of road impact fees is the project's pro rata share of funding transportation improvements that are deemed necessary to support the demands generated by new growth. 2 Methodology On September 13, 2022, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500. 00 methodology meeting fee will be paid at the time of submitting the zoning application. A copy of the TIS methodology has been provided in the appendix (refer to pages M 1 thru M 11). Subsequently, staff requested that the TI S be based upon the newly published 2022 AUIR, which has been incorporated into this study. Scone of Project 12425 Union Road RPUD is a proposed residential development that will be located at the northern terminus of Union Road within the southeast area of Collier County, Florida. The RPUD proposes to construct 109 single-family dwelling units and have access to U.S. 41 via the existing full intersection of Union Road and U.S. 41. Land Use Table A Proposed Land Uses Number of Units Single -Family j 109 d.u.'s 3.� ZONED: CON (ACSCIST) USE: GUN CLUB IROSL� I PUD BOUNDARY I z O vo c n lrn -m ZONED: A {ACSCIST} x LANDSCAPE BUFFERS: *1 - NO BUFFER REQUIRED *2 -15' WIDE TYPE'B' I ZONED: P USE- UTILITY SITE USE: CONSERVATION o 11-11 R OSIL I __ i100 m R11 2 *2 Q ZONED: RT I T m - *2 I USE: VACANT �7 0 _ (NOT PART OF ---� THIS PUD) 022�F_- *2 POTENTIAL j ...� ACCESS } ZONED: CON {ACSCIST} USE: CONSERVATION ZONED: NORTH PORT BAY ZONED: NORTH PORT BAY USE: RESIDENTIAL USE: CONSERVATION LEGEND: OS 1 L OPEN SPACE 1 LAKES R RESIDENTIAL I --- TRACT ® DEVIATION ttit. r. o. c.:+dy rYir11 1•:111d AN*1100 G ra dyM i n ox alruu � lu l)cl u�. VaOki DO y PounRa �prinµ-y. f'lurtdll 3d I$d Civil Engineers . Land Survivors . Planners • Landscape Architects CM of Aulh. M O WUt it r n. or AuU1. I 11 OD05151 Ru+lacw LC 2M)W206 Bonitk Sprlaaaz 239,9.17.11.1.1 11• w,{ . f;ra vVi as r. rnin Fon Rlyrrw; 239.690.4360 TO TAMIAMI TRAIL EAST t 12425 UNION ROAD RPUD EXHIBIT C MASTER PLAN N Q 209 400' SCALE: I" = 400' %A"EN pt_onr� D a a-s' x T I ram, son 2022 ry]E NAVE: owc-mer SHEW 1 OF 2 ,3.,z Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 11 "' Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code Single - Family (LUC 210) was most appropriate in estimating the new trips. Table B Net New Generated Trips Daily AM Peak Hour PM Peak Hour ADT (v h (v h Net New Trips 19092 81 108 (Results from Table 1) (Trips Cap) The report concludes that the project will generate more than 100 new trip ends during the weekday highest peak hour. As such, the report Investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic hnpact Statement Guidelines for developments generating "more than 100 trips", which is defined as a major study. El TABLE 1 TRIP GENERATION COMPUTATIONS 12425 Union Road RPUD Land Use Code Land Use Description 210 Single -Family Detached Housing Land Use Code Trip Period LUC 210 Daily Traffic (ADT) _ AM Peak Hour (vph) _ PM Peak Hour (vph) _ Build Schedule 109 Units Trip Generation Equation (Based upon S.F.) Ln(T) = 0.92Ln(X)+2.68 = Ln(T) = 0.91Ln(X)+0.12 = 26% Enter/ 74% Exit = Ln(T) = 0.94 Ln (X)+0.27 = 63°% Enter/ 37% Exit = Total Trips Trips Enter/Exit 1,092 ADT 81 vph 21 j 60 vph 108 vph 68 j 40 vph 4.1 Existing + Committed Road Network Figure l and Table 2 provide a detail of the surrounding E + C road network. Table 2 depicts the minimum level of service performance standards and capacity for the roads within the project's area of influence. E. Tamiami Trail varies from a two-lane to a six -lane divided arterial as described on Table 2. The road is under the jurisdiction of the Florida Department of Transportation (FDOT) and functions as a primary north/south and east/west corridor that extends thru the limits of Collier County. Within proximity to the project site, Tamiami Trail East has a posted speed limit of 45 MPH. Union Road is a two-lane road. Project Generated Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress, current and future traffic patterns in the area. Figure 2 and Table 2 provide a detail of the traffic distributions based on a percentage basis. Table 2 also depicts the project traffic by volume. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2 describes the project traffic distributions and the level of impact on the surrounding roadways. Roads that were identified as being within the project's area of impact are shown in Table 2. 5 NVI LL2 1'J N a 4 a 46' ❑ O ❑] 5% Union Road LEGEND Ho0% Project Traffic Distribution 12425 Union Road RPUD Project -Generated Traffic Distribution FIGURE 2 September 13, 2022 s. 1 TABLE 2 PROJECT'S AREA OF IMPACT Project Traffic Peak Direction (vphpd) = 68 Entering Project Traffic Non -Peak Direction (vph) - 40 Exiting LOS Service Project Project PK Dir. PK Direction Project Pk Hr Project Pk Hr Project Road Serv. Vol. Volume Traffic PK Dir Pk Hr Non-PK Dir Non -Pk Impact Percent Significant Class LOS y[ phpd] % Dist. vi phpd) Pk Dir vphl DiR Standard I_ mpact Impact 35.9 County Road 951 Rattlesnake to Tanniarni Trail 6❑ E 3200 25.0% 17 S 10 N 3% 0.53% NO 93.9 E. Tamiami Trail Rattlesnake to Triangle 6❑ E 3000 25% 17 E 10 w 3% 0.57% NO 94.0 Triangle to C,R. 951 6❑ E 3000 25% 17 E 10 w 3% 0.57% NO 95.1 C.R. 951 to Joseph Lane 6D D 3100 60% 41 E 24 w 3% 1.32% NO 95.2 Joseph Lane to Greenway 4D ❑ 2000 60% 41 E 24 w 2% 2.04% YES 95.3 Greenway to San Marco 2U ❑ 1075 70% 48 E 28 w 2% 4.43% YES 96.a San Marco to Union Road 2U ❑ 1000 00% 61 E 36 w 2% 6.12% YES 96•b Union Road to S.R. 29 2U D 1000 5% 3 w 2 E 2% 0.34% NO t!9 2022 thru 2028 Project Build -out Traffic Conditions In order to establish 2022 thru 2028 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for pear season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction and annual growth rates were derived from the 2022 Collier County AUIR Report. Using the annual growth rate, the 2028 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2022 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The vested trips plus 2028 background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2028 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2022 thru 2028 traffic conditions and the roadways' level of service and remaining available capacity. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2028 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2022 thru 2028 traffic conditions and the roadways' level of service and remaining available capacity. As determined, all roadways, within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the proposed 750 dwelling units, except for U.S. 41 (southeast of Greenway Road). For that two-lane segment of U.S. 41, the AUIR report uses traffic counts and growth rates that were obtained/established along the four -lane and six -lane segments of U.S. 41 (i.e., northwest of Greenway Road). The four -lane and six -lane segments of U.S. 41 are subject to substantially greater traffic demands than the two-lane link to the east of Greenway Road. Based upon the AUIR's use of incorrect traffic data for this specific link of U.S. 41, the forecasted traffic demand will exceed the road's adopted level of service standard (LGS D) by the year 2025. As a rebuttal to the AUIR report's results, an alternative and more accurate evaluation of this link's capacity was performed based upon traffic counts collected on U.S. 41(southeast of Greenway Road) as discussed in the following paragraph. Link -Specific Concurrency results based upon Traffic Counts provided by this Study On March 18, 2021, traffic counts were collected for U. S. 41 (southeast of Greenway Road), which revealed that the PM peak hour peak direction demand was 570 vph and the peak direction was westbound. As determined, that segment of U.S. 41 will operate at LOS C and have a v/c ratio = 0.72 by the year 2028 and at project build -out. 6 TABLE 3 2022 & 2028 ROADWAY LINK VOLUMES Results per 2022 AUIR Per Vested Trips Method Per Growth Rate Method 2028 2028 Peak Hour 2022 Growth Peak Hour PK Direction AUIR AUIR Rate PK Direction Trip Background Traffic Pk per Background Bank Per Vested Trips vhd ❑iR AUIR v�phh2d� vi phpd) (vphpd) 95.1 E. Tamiami Trail C.R. 951 to Joseph Lane 1020 E 4.00% 1291 626 1646 95.2 Joseph Lane to Greenway 1020 E 4.00% 1291 313 1333 95.3 Greenway to San Marco 1020 E 4.00% 1291 168 1188 96.a San Marco to Union Road 260 E 4.00% 329 6 266 96.b Union Road to S.R. 29 260 E 4.00% 329 6 266 Results per 2021 Traffic Counts Per Vested Trips Method Per Growth Rate Method Traffic Traffic Peak Hour Growth Peak Hour PK Direction 2021 Rate PK Direction Trip Background Traffic Peak per Background Bank Per Vested Trips v(vphpd] ❑iR AUIR vhd v[ phpdi v h d E. Tamiami Trail 95.3 (See Note No. 1) Greenway to San Marco 570 W 4.00% 721 168 738 Footnote 1 - traffic volumes based upon traffic counts at Greenway Road & U.S. 41 (refer to traffic counts in Appendix) TABLE 4 2028 ROADWAY LINK VOLUMEXAPACITY ANALYSIS Results per 2022 AUIR 2028 2028 2028 2028 2028 2022 Peak Hour Peak Hour Project Project Build -Out Semi. Vol. Build -Out Build -Out Peak Hour PK Direction Bkgd PK Direction Pic Hr Prjct Pk Hr Prjct Peak Hour Pk Hr Peak Hour Peak Hour PK Direction Background Pk Background PK Dir Pk Non-PK Dir Non -Pk PK Dir PK Dir PK Direction PK Direction vvphpd) LOS v( phpol Dir LOS (vphpd) Dir (yph1 Dir v h d v h d v/c Ratio LOS 96.1 E. Tamiami Trail C.R. 951 to Joseph Lane 1020 B 1646 E B 41 E 24 w 1687 3100 0.54 B 95.2 Joseph Lane to Greenway 1020 C 1291 E C 41 E 24 w 1331 2000 0.67 C 95.3 Greenway to San Marco 1020 C 1291 E E 48 E 28 w 1338 1075 1.24 F 96.a San Marco to Union Road 260 C 329 E C 61 E 36 w 390 1000 0.39 C 96.h Union Road to S.R. 29 260 C 329 E C 3 w E 331 1000 0.33 C Results per 2021 Traffic Counts ON 2028 2028 2028 2028 2028 2022 Peak Hour Peak Hour Project Project Build -Out Serv. Vol. Build -Out Build -Out Peak Hour PK Direction Bkgd PK Direction Pk Hr Prjct Pk Hr Prjct Peak Hour Pk Hr Peak Hour Peak Hour PK Direction Background Pk Background PK Dir Pk Non-PK Dir Nan -Pk PK Dir PK Dir PK Direction PK Direction v[ phpd] LOS W[_ phpd] Dir LOS ivp�� Dir v phl Dir v� phpd) v h d vIc Ratio LOS 95.3 E. Tamiami 'trail Greenway to San Marco 570 C 738 w C 48 E % ] w 766 1075 0.71 C Support Documents Traffic Counts APPENDIX V1 JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT METHODOLOGY 12425 Union Road RPUD (Collier County, Florida) September 13, 2022 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Major Study) Review Fee = $1, 500. 00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLES, FLORIDA 341 1'3 CERTIFICATE OF AUTHORIZATION No. 27830 (JMB PROJECT No. 22081 5) 't-&-Zozz' JAMES-V. BANKS. P.E. DATE FLORIDAREG. No. 43660 APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:9-1.3-2022 Time: Location: Collier County Government Offices North Horseshoe Drive) People Attending: Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239-919-2767 2) Michael Sawyer, Collier County Government 3) 4) Study_Prenarer: Preparer's Name and Title: James_ M, Banks, P.E., President Organization: JMB Transportation Engineering,Inc. Address & Telephone Number: 4711 7th Avenue SW Naples, Florida 34119 (239)-919- 2767 Reviewers): Reviewer's Name & Title: Michael Sawyer Collier County Transportation Division Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: 12425 Union Road RPUD Location: 12425 Union Road Land Use Type: Single -Family ITE Code #: LUC 21 0 Proposed number of development units: 1.09 dwelling units Other: Description: Zoning: Exi sting : Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached C 1UsersymbsMOesiaopiCflLLIEM22Q815 unrar? madV,ielhodologyftepoit.doc MN Study Type: Major Study_ Study Area: Boundaries: Based upon the County's 2%, 2% & 3% impact rule. See attached Additional intersections to be analyzed: None Horizon Year(s): 2028 Analysis Time Periods): PM Peak Future Off --Site Developments: None Source of Trip Generation Rates: ITE Trip Generation Manual, 11 th Edition (Table 1 Reductions in Trip Generation Rates: Pass -by trips: See Table 1 Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: CIE. Methodology & Assumptions: Non -site traffic estimates: See Attached 2026 per Collier_ Coon_ ,t s 5-year Site -trip generation: See Table 1 Trip distribution method: Based upon manual assignment (See Table _2_& Figure 2) Traffic assignment method: Traffic growth rate: Per Collier County Historical & Current AUIR Reports,but not less than 2% or background or vested trips_method._whichever is greater. C:iilsersymbSMDeskiopiCOLL)EM210&i5 union maaWelljodologyRep ort. doc MI Special Features: (from preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On -site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study — No Fee Minor Study - $750.00 Major Study - $ l 5 0 0.00 X Includes 2 intersections Additional Intersections - $500.00 each None All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. Reviewers Applicant C.AUsersymb5wlDeskloplCOLLIEW24815 union roaMfelhodolagyReporl.doc aI 2 l— 6 (Dz Z I p �rL r I G . v L 1 County Road 951� r....� N 7 n 10 R1"' . it:...I LEGEND INTERSTATE HIGHWAY 6-LANE ARTERIAL •�■ 4-LANE ARTERLAL/COLLECTOR — — — — 2-LANE ARTERIAL/COLLECTOR 2-LANE COLLECTOR/LOCAL RAIL ROAD ral 12425 Union Road RPUD Project Location & Roadway Classification 'I September 13, 2022 MS TABLE 1 TRIP GENERATION COMPUTATIONS 12425 Union Road RPUD Land Use Code Land Use Description 210 Single -Family Detached Housing Land Use Code Trip Period LUC 210 Daily Traffic (ADT) _ AM Peak Hour (vph) _ PM Peak Hour (vph) = Build Schedule Trip Generation Equation (Based upon_S.F.]_ Ln(T) = 0.92Ln(X)+2.68 = Ln(T) = 0.91Ln(X)+0.12 = 26% Enter/ 74% Exit = Ln(T) = 0.94Ln(X)+0.27 = 63% Enter/ 37% Exit = iuti unIT5 Total Trips Trips Enter/Exit 1,092 ADT 81 vph 21 / 60 vph 108 vph 68 / 40 vph M6 LLh 02! Z "� 1 . � Mimi -lej y a� a .L ya �A_ • CL rb 1 County Road 951 a 0 O a 5% Union Road 0 MIT :Q3 Project Traffic Distribution 7 12425 Union Road RPUD Project -Generated FIGURE 2 Traffic Distribution September 13, 2022 M-1 TABLE 2 PROJECT'S AREA OF IMPACT Project Traffic Peak Direction (vphpd) = 68 Entering Project Traffic Non -Peak Direction jvph7 W 40 Exiting LOS Service Project Project PK Dir. PK Direction Project Pk Hr Project Pic Hr Project Road Serv. Vol. Volume Traffic PK Dir Pk Hr Non-PK Dir Non -Pk Impact Percent Significant Class Los W� phgd) % Dist. v� phpol Pk Dir LyRhI DiR Standard Impact Impact 35.0 County Road 951 Rattlesnake to Tamiami Trail 6D E 3200 25.0% 17 S 10 N 3% 0.53% NO 93.0 E. Tamiami Trail Rattlesnake to Triangle 6D E 3000 25% 17 E 10 W 3% 0.57% NO 94.0 Triangle to C.R, 951 6D E 3000 25% 17 E 10 W 3% 0.57% NO 95.1 C.R. 951 to ,Joseph lane 6D ❑ 3100 60% 41 E 24 W 3% 1.32% NO 95.2 .Joseph Lane to Greenway 4D D 2000 60% 41 E 24 W 2% 2.D4% YES 95.3 Greenway to San Marco 21J D 1075 70% 48 E 28 W 2% 4.43% YES 96.a San Marco to Union Road 21_1 D 1000 90% 61 E 36 W 2% 6.12% YES 96.b Union Road to S.R. 29 2U D 1000 5% 3 W 2 E 2% 0.34% NO TABLE 3 2021 & 2028 ROADWAY LINK VOLUMES Results per 2021 AUIR Per Vested Trips Methc Per Growth Rate Method 2028 2028 Peak Hour 2021 2022 Growth Peak Hour PK Direction AUIR Traffic AUIR Rate PK Direction Trip Background Traffic Counts Pic per Background Bank Per Vested Trips vhd iyphpd} DiR AUIR v[ phpo) v ft d v h d 95.1 E. Tam iami Trail C.R. 951 to Joseph Lane 850 E 4.00% 1119 558 1408 95.2 Joseph Lane to Greenway 854 E 4.00% 1119 313 1163 95.3 Greenway to San Marco 850 E 4.00% 1119 168 1018 96.a San Marco to Union Road 210 E 2.00% 241 6 216 96.b Union Road to S.R. 29 210 E 2.00% 241 6 216 14***********#krktFk*Rt4-kk*�ikink Y Ik14.i*+k* Fit* A*k*fk* *k* ft*Fk*14ie1F1k*akink3rkk*A�k***irirk max* 4kinFkk* 9e k 1k'k.F k IF.4* Ir4.kkk**1k 1Y1rt*k1Fk*1k*1k**IFekok*********** * eL***fe ** f$ fFk******.kF** fk* ie***!k!e k*****!r** Fi F*k* k*.k*k;F fe**** F.F kk{nF{e{{reekaFiMh 'r+R 1k � k* Results per 2021 Traffic Counts E. Tamiarni Trail 96.3 (See Note No. 1) Greenway to San Marco Per Growth Rate Method Traffic Growth Peak Hour 2021 Rate PK Direction Trip Traffic Peak per Background Bank y{_ phpd) ❑iR AUIR v( phpdlv[ phpol 570 W 4.00% 750 Footnote 1 - Traffic volumes based upon traffic counts at Greenway Road & U.S. 41 (refer to traffic counts in Appendix) 168 Per Vested Trips Method Traffic Peak Hour PK Direction Background Per Vested Trips v{ phpd} 738 TABLE 4 2028 ROADWAY LINK VOLUMEXAPACITY ANALYSIS Results per 2021 AUIR 2028 2028 2028 2021 Peak Hour Peak Hour Project Project Build -Out Serv. Vol. Peak Hour PK Direction Bkgd PK Direction Pk Hr Prjct Pk Hr Prjct Peak Hour Pk Hr PK Direction Background Pk Background PK Dir Pk Non-PK Dir Non -Pk PK Dir PK Dir y� phi ) LOS VI phpd) Dir LOS (vp-hpd) Dir (vvI) i]iC v� phpd) f Vp_hpd) 95.1 E. Tamiami Trail C.R. 951 to Joseph Lane 850 B 1408 E B 41 E 24 w 1449 3100 95.2 Joseph Lane to Greenway 850 C 1163 E C 41 E 24 w 1204 2000 95.3 Greenway to San Marco 850 C 1119 E E 48 E 28 w 1166 1075 96.a San Marco to Union Road 210 C 241 E C 61 E 36 w 302 1000 96.b Union Road to S.R. 29 210 C 241 E C 3 w 2 E 243 1000 Results per 2021 Traffic Counts mwft 2021 Peak Hour PK Direction v[ phpd] 95.3 E. Tamiami Trail Greenway to San Marco 570 2028 2028 Peak Hour Peak Hour PK Direction Bkgd PK Direction Background Pk Background LOS v h d Dir LOS C 750 w C Project Project Pk Hr Prjct Pk Hr Prjct PK Dir Pk Non-PK Dir Nan -Pk v h d Dir Jvph] Dir 48 E 28 w 2028 2028 Build -Out Peak Hour PK Direction y!c Ratio 0.47 0.60 1.08 0.30 0.24 2028 Build -Out Serv. Vol. Build -Out Peak Hour Pk Hr Peak Hour PK Dir PK Dir PK Direction v� phpd) v h d v/c Ratio 778 1075 0.72 2028 Build -Out Peak Hour PK Direction LOS B C E C C 2028 Build -Out Peak Hour PK Direction LOS C TRAFFIC COUNT Link: U.S. 41 (E. of Greenway) Date of Count: 3/18/2021 Tuesday I Eastbound [ Westbound ] Northbound J Southbound [ Total All AM Period [ L T R [ L T R ] L T R I L T R J Apprch's 7:00-7:15 j 0 0 0 [ 0 0 0 ] 0 0 0 1 0 0 0 1 0 7:15-7:30 ] 0 0 0 0 0 0 j 0 0 0 0 0 0 J 0 7:30-7:45 ] 0 0 0 [ ❑ 0 0 j 0 0 0[ 0 0 ❑ ] 0 7.45--8:00 0 0 ❑ [ 0 0 0 ] 0 ❑ ❑ 0 0 0 ❑ 8:00 -8:15 ] 0 0 0 ❑ 0 0 ] 0 0 0 j 0 0 0 [ 0 8:15 -8:30 1 0 0 0 ❑ 0 0 1 ❑ 0 0 j 0 0 0 [ 0 8:30- 8.45 1 0 0 0 ] 0 0 0 ] 0 0 ❑ [ 0 0 0 ] 0 8:45-9:00 1 0 ❑ 0 [ 0 0 0 [ 0 0 0 ❑ 0 0 1 0 [ Eastbound ] Westbound j Northbound [ Southbound [ PM Period [ L T R j L T R ) L T R j L T R ] 4:00 - 4:15 [ 0 82 0 ] ❑ 125 0 ] 0 0 0 ] ❑ 0 0 [ 207 4:15 - 4:30 [ 0 77 0 ] 0 122 0 [ 0 0 ❑ j 0 0 0 [ 199 4:30 - 4:45 [ 0 89 ❑ 1 0 145 0 [ 0 0 0 1 0 0 0 [ 234 4:45 - 5:00 1 0 90 0 [ 0 162 0 [ 0 0 0 0 0 0 [ 252 5:00 - 5:15 1 0 94 0 [ 0 139 0 [ 0 0 0 1 0 0 0 [ 233 5:15 -5:30 1 0 95 0 1 0 126 0 1 0 0 0 ] 0 0 0 [ 221 5:30 - 5:45 1 0 102 0 1 0 143 0 [ 0 0 0 1 0 0 0 [ 245 5:45 - 6:00 1 0 84 0 1 0 128 0 j � 0 0 0 1 1 0 0 0 [ 212 PEAK HOUR TURNING MOVEMENT VOLUMES 1 Eastbound j Westbound j Northbound 1 Southbound 1 [ L T R j L T R ] L T R 1 L T R J AM Period I 7.15-8:15 1 ❑ 0 0 1 0 0 0 1 0 0 0 ] 0 0 0 J 0 PM Period 1 I I I 1 I I I I 4:45 - 5:45 ! 0 381 0 1 0 570 0 1 0 0 0 1 0 0 0 1 951 &j t I .�,trict Sehoof � o I . ZCollier Cou�'�� 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 documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check [�] type of application request (one only): QSchool Capacity Review ❑ Exemption Letter OConcurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: 12425 Union Road RPUD Project Information: Municipality: Collier county Parcel ID#: (attach separate sheet for multiple parcels): 01058920005 and 01058920513 Location/Address of subject property: 12400 and 12425 Union Road, Naples, FL 34114 Closest Major Intersection: Union Road and Tamiami Trail E. II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): Port of the Islands CID / Lindsay J. case Agent/Contact Person: D. Wayne Arnold, AICP (Attach location map) (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: Q. Grady Minor & Associates, P.A., 3800 Via Del Rey, Bonita Springs, FL 34134 Telephone#: 239.947.1144 Fax: Email warnold@gradyminor.com I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of myknowledge. Owner or Authorized Agent Signature III. Development Information September 15, 2022 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Urban Residential Subdistrict Proposed Land Use Designation: N.A. Current Zoning: RT Proposed Zoning: Residential Planned Unit Development Project Acreage: Unit Type: SF IMF MH C G Total Units Currently Allowed by Type: Total Units Proposed by Type: 109 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: Worksheet is required to be completed by the Applicant only if the project is to be phased: Insert totals by unit type by years. Unit Types: SF = Single Family MF = Multi-Family/Apartments MH = Mobile Homes C = Condo/Co-Op G = Government EXAMPLE: Unit Type Yrl Yr2 YO Yr4 Yr5 Yr6 Yr7 Yr8 Yr9 Yr10 Yr 11-20 20+ Years SF 25 25 25 25 -- -- -- -- -- -- -- -- MF 50 0 0 0 -- -- -- -- -- -- -- -- MH N/A C N/A G N/A Totals by Yr 75 1 25 25 25 -- -- -- -- -- -- -- -- Grand Total 1150 2 Types of Reviews: School Impact Analysis: This review should be divided into two categories: - School Capacity Review (land use and rezonings), and; - Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans or plats or amendments to site plans or plats that generate less than one student; or are authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and/or a mitigation agreement being issued or a previously approved determination being modified and reissued. Collier County Property Appraiser Property Aerial Site 12425 Site Zone Parcel No 01058920005 Address UNION RD Site City NAPLES *Note 34114 *Disclaimer Open GIS in a New Window with More Features. AP � ' _ -'`on -- 12425 Union Road RPUD (PL20220004175) Deviation Justification 1. Deviation #1 requests relief from LDC Section 6.06.01, "Street System Requirements", which establishes a minimum 60-foot right of way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or private Right -of -Way. Justification: The number of lanes and required lane width can be accommodated within the proposed 50-foot access easements or rights of way and the reduction in the minimum required width will provide for a more efficient and compact development project. The proposed utilities and other supporting infrastructure will have adequate separations within the 50-ft width. September 23, 2022 ® GradyMinor Page 1 of 1 Deviation Justification. docx 1; MI Engineers • band Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com AFFIDAVIT OF COMPLIANCE Petitions: PL20220004'175-'12425 Unlon Road RPU� Rezone I hereby certify that pursuant to Ordinance 2004-41, oFthe Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls ofColZier County and any other persons or entities who have made afarmal request ofthe county to be notified. The said notice contained the laymen's description of the site property ofproposed 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. �- i. i ,C Sharon�LJrttpe our as Senior Plannirag Technician for Q. Grady Minor !k Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this February 17. 2023 by Sharon Umnenhour as Senior Plannin¢ Technician. who is personally known to me. __.' (Signature ofe of No� Public) t:R"�"-'k::' My roM�M�suaJotoi�oEo saz�sr Carin J. Dwver `a�;a `` E%PIRES: May 10, 2024 ?:.-` eo�a.e rm.. Rolay wor vmmw.na,i Printed Name of Notary GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20220004175 — 12425 Union Road RPUD Rezone In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, with Q. Grady Minor and Associates, P.A. (GradyMinor) and Francesca Passidomo with Coleman, Yovanovich & Koester, P.A., representing Alligator Reach, LLC (Applicant) will be held March 7, 2023, 5:30 pm at the Port of the Islands Resort, Conference Room, 25000 Tamiami Trail East, Naples, FL 34114. Alligator Reach, LLC has submitted a formal application to Collier County, seeking approval of a rezone from RT, Residential Tourist Zoning District and CON, Open Space District, to Residential Planned Unit Development (RPUD) Zoning District to allow up to 109 single-family residential dwelling units. The subject property is comprised of 51.5+/- acres and is located at 12425 and 12400 Union Road in Section 4, Township 52 South, Range 28 East in Collier County, Florida. If you have questions, contact Sharon Umpenhour with Q. Grady Minor & Associates, P.A. (GradyMinor) by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The Neighborhood Information Meeting is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 • Fax. 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to other: consent from the CCPA. Petition: PL20220004175 I Buffer: 5280' 1 Date: 1/20/2023 1 Site Location: 01058920005 & 01058920513 NAME1 155 WINDWARD CAY LLC 164 GAYS DR LLC 193 EVENINGSTAR CAY LLC 194 NEWPORT DRIVE LAND TRUST 2 POINTER LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC A & T INVESTMENT LLC ABBOTT, KEVIN ACADEMY PROPERTIES LLC ADELL, RAY & ESTELLE AGUILERA, RENE ALLIGATOR ALLEY FLORIDA TRUST ALLIGATOR BOYS LLC ALLIGATOR BOYS LLC ALLIGATOR BOYS LLC AMY F SEABUR FAMILY TRUST ANDERSON, JOHN T & MARY A ANDERSON, LAWRENCE M ANDERSON, MARILYNN J ANGLEMEYER, SUE ANTONIO R BALESTENA 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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. 2/17/2023 Subscribed and sworn to before on February 17th, 2023 Notary, S ate o ounty of wn My commis one sires: PUBLICATION COST: $1,002.96 AD No: GC11016377 CUSTOMER NO: 531419 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD W/ MAP 3X9.95 NANCY HEYRMAN Notary Public State of Wisconsin NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20220004175 —12425 Union Road RPUD Rezone In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, with Q. Grady Minor and Associates, P.A. (GradyMinor) and Francesca Passidomo with Coleman, Yovanovich & Koester, P.A., representing Alligator Reach, LLC (Applicant) will be held March 7, 2023, 5:30 pm at the Port of the Islands Resort, Conference Room, 25000 Tamiami Trail East, Naples, FL 34114. Alligator Reach, LLC has submitted a formal application to Collier County, seeking approval of a rezone from RT, Residential Tourist Zoning District and CON, Open Space District, to Residential Planned Unit Development (RPUD) Zoning District to allow up to 109 single- family residential dwelling units. The subject property is comprised of 51.5+/- acres and is located at 12425 and 12400 Union Road in Section 4, Township 52 South, Range 28 East in Collier County, Florida. c 1. - f SUBJECT €� r + ��—•r-{� PROPERTY i i a wwnn. E Et"111 i If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. March 7, 2023, Neighborhood Information Meeting (NIM) GradyMinor Project information and a copy of this presentation can be found on our website: www.gradyminor.com/Planning PROJECT TEAM: • Alligator Reach, LLC - Applicant • Francesca Passidomo, Esq., Land Use Attorney - Coleman, Yovanovich & Koester, P.A. • D. Wayne Arnold, AICP, Professional Planner - Q. Grady Minor & Associates, P.A. • Michael Delate, P.E., Civil Engineer - Q. Grady Minor & Associates, P.A. James M. Banks, PE, Traffic Engineer - JMB Transportation Engineering, Inc. Marco A. Espinar, Environmental Planning/Biologist - Collier Environmental Consultants, Inc. *Please note, all information provided is subject to change until final approval by the governing authority. . �a•JSa r y „ _ J Future Land Use (FLU) Designation: • Urban Mixed Use District, Urban Residential Subdistrict Zoning; Current: RT, Residential Tourist and CON, Conservation Proposed: 12425 Union Road Residential Planned Unit Development (RPUD) Proposed Request: • Rezone to allow a maximum of 109 dwelling units, which will permit single family detached and two-family attached dwelling units. 0 CITE CI WSAADV TOTAL SITE AREA- 51.5t ACRES RESIDENTIAL: 33t ACRES (64%) OPEN SPACE AREASILAKES: 18.5t ACRES (36%) - DOES NOT INCLUDE OPEN SPACE AP WITHIN THE RESIDENTIAL TRACTS RESIDENTIAL: MAXIMUM 109 SINGLE FAMILY DWELLING UNITS r)PFAI gPAr'F- REQUIRED:60°t6 PROVIDED: 6D% (WITHIN THE OVERALL PUD) PRESERVE= REQUIRED: 0t ACRES (NO NATIVE VEGETATION EXISTS 0NSIT E) PROVIDED: 0t ACRES 1x IR l° 1 PUH BOUNDARY—, b C m m ZONED: A (ACSUST) USE: CONSERVATION m I0 ZONED: CON (ACSUST) USE: GUN CLUB ❑1 LANDSCAPE BUFFERS: *1 - NO BUFFER REQUIRED *2-15 WIDETYPE'B' ZONED:P USE: UTILITY SITE R' OSIL I I *1 # m ZONED: CON (ACSCJST) USE: CONSERVATION m RE *� I I I "2 *� *2 IUD ZONE D RT 1 *2 II USE: VACANT v (NOT PART OF THIS PUD) ❑1 - " `—POTENTIAL *� ACCESS 1� ZONED: NORTH PORT BAY O ZONED: NORTH PORT BAY USE: RESIDENTIAL � � USE: CONSERVATION LEGEND: 031L OPEN SPACE/LAKES R RESIDENTIAL TRACT ® DEVIATION TO TAMIAMI TRAIL EAST 4 Type B Buffer: Fifteen -foot -wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. When a Type B buffer is located within a residential PUD and adjacent to a lake, the required plant materials may be clustered to provide views. Clustered tree plantings shall not exceed 60 feet between clusters and the clustered hedge plantings can be provided as a double row of shrubs that are a minimum of 30 inches in height. When the adjacent lake exceeds 1,500 feet in width the hedge planting shall not be required. When a community facility is located within a residential PUD and abuts a residential unit, a Type B buffer shall be required. When a fence or wall is used within the buffer a minimum of 50 percent of the trees and hedge plantings shall be located on the residential side of the fence or wall. Minimum Floor Area per unit 1,500 SF 1,500 SF Minimum Lot Area 3,000 SF 2,625 SF Minimum Lot Width 40 feet 35 feet Minimum Lot Depth 75 feet 75 feet Minimum Setbacks *6 Front Yard 20 feet 20 feet Side Yard 5 feet 5 feet Rear Yard 10 feet 10 feet PUD Boundary 15 feet 15 feet Minimum Distance Between Buildings *3 10 feet 10 feet Ma)amum Building Height Zoned Actual 35 feet 45 feet 35 feet 45 feet ACCESSORY STRUCTURES*1 Minimum Setbacks Front Yard SPS SPS Side Ya rd 5 feet 5 feet Rear Yard *4 5 feet 5 feet PUD Boundary 10 feet 10 feet Minimum Distance Between Buildings *3 0/10feet 0/10feet Maximum Building Height *5 Zoned Actu a I 20 feet 25 feet 20 feet 25 feet '1—Does not apply to passive recreational uses such as trails/pathways. •2 — Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access contra structures shall have no required internal setback, except as listed below, and are permitted throughout the PUD; however such structures shall be located such that they donut cause vehicuIarstacking into the road right-of-way or create site distance issues for motorists and pedestrian s_ '3 —Zero feet if attached, 10 feet if detached. 14— Maybe reduced to d where abutting an open space, water management or landscape buffer tract. *5 — Maximum Height for Guardhouses/Gatehouses: Zan ed: 25 r Actual: 3or ' 6 — App I ies to attached or detached Ga ra ges Note: nothing in this MPUU Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations_ SPS — Sa me as Princi pal Structure BH — Building Height (zoned height) 7 ns son PIPI 'In son moo NONE 1x IR l° 1 PUD BOUNDARY " b I� C m m ZONED: A (ACSCIST) USE: CONSERVATION m I� DEVIATION 1: Relief from LDC Section 6.05.01, "Street System Requirements", which estabiishes a minimum 60-foot right of way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a SD - foot -wide access easement or private Right -of -+Nay. ZONED: CON (ACSUST) USE: GUN CLUB 0SIL "1 1 k2 *� ZONED RT *2 I USE: VACANT (NOT PART OF THIS PUD) " `—POTENTIAL FL I I.2 LANDSCAPE BUFFERS: *1 - NO BUFFER REQUIRED *2-15 WIDETYPE'B' ZONED:P USE: UTILITY SITE ZONED: CON (ACSCJST) USE: CONSERVATION ACCESS 1� ZONED: NORTH PORT BAY 14 ZONED: NORTH PORT BAY USE: RESIDENTIAL � � USE: CONSERVATION LEGEND: 031L OPEN SPACE/LAKES R RESIDENTIAL TRACT ® DEVIATION TO TAMIAMI TRAIL EAST 4 • Receive review comments from staff. • File resubmittal if necessary. • Hearing Notices mailed to adjacent property owners within 500 feet of the subject property. • Hearing sign(s) posted on property advertising hearing dates. • HEARING DATES: • CCPC - TBD, 9:00 a.m., Collier County Government Center, 3299 Tamiami Trail East, 3rd floor BCC Chamber, Naples, FL, 34112 • BCC - TBD, 9:00 a.m., Collier County Government Center, 3299 Tamiami Trail East, 3rd floor BCC Chamber, Naples, FL, 34112 WWW.GRADYMINOR.COM/PLANNING 105iRfAM or -'= E-ff'= Rll Direct Link to Documents: Collier County Growth Management Department (GMD) Public Portal: CVPORTAL.COLLIERCOUNTYFL.GOV/CITYVIEWWeb CONTACTS: 0=MS-0 0 0 N � ■ • 0. Grady Minor & Associates, P.A.: Sharon Umpenhour, Senior Planning Technician: sumpenhour@gradyminor.com or 239.947.1144, ext. 1249 • Collier County Staff: Eric Ortman, Planner III: Eric.Ortman@colliercountyfl.gov (239)252-1032 11 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Francesca: Good evening I am Francesca Passidomo with Coleman, Yovanovich, and Koester representing Lindsay Case. He is the petitioner for the subject land use petition. Here with me today is Mr. Case. He's in the audience. Lindsay: Hi. Francesca: He's been at several meetings with the improvement district, so many of you are probably familiar with him at this point. Also with me is Grady Minor, the consultants for the project. Wayne Arnold will take you through the presentation, which is an overview of the petition. Mike Delate, the engineer of record for the project and Sharon, with Grady Minor, is also here. I just wanted to — because I've been part of the improvement district meetings which have been probably five, or six, or seven meetings at this point, on this project, I just wanted to give you that overview from my personal involvement. So, Lindsay worked with the district in purchasing the district's land, and in conjunction with that purchase negotiated for a downzoning of the property, which basically means a reduction in the density, and intensity, and use of the property to what can be done today. [00:01:121 What can be done today if multifamily and transient type uses, the district expressed that those uses were not consistent with what they wanted on this parcel of land. They wanted single family uses. So, you'll see in Wayne's presentation that this is a single-family project. The density is consistent with the density set forth in that agreement with the district, which is 100 units on the district's land, nine units on the out parcel that was purchased from Mr. Tateo. In the course of those meetings with the district and at the district's request, a covenant was recorded at closing, a restrictive covenant that runs with the land that is enforceable and in favor of the district that outlines that there can be no more than 100 units on the district's land, that the units must be single family. [00:02:02] And we'll show you where the open space areas are to be maintained in perpetuity. So, there's several protections that are already available to the district and that have actually been made of record, as part of that closing. The final thing that happened is there was a utility schedule. So, there will be payments to the district for utilities serving the project. And so, there will not only that huge lump sum that the district achieved with the closing; there will also be these ongoing payments for the utilities that were Page 1 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript reserved for the project. So, it's beneficial economically for the district, in addition to the compatibility of uses that Wayne will walk you through. So, that's the history, kind of, of how we got here, the district's heavy involvement, and people in the community being actively participating in those meetings. [00:03:04] So, with that, I'll hand it over to Wayne to walk you through the presentation. Wayne: Thanks, Francesca. So, just a couple of particulars. I'm Wayne Arnold with Grady Minor and Associates. So, we filed a zoning application with Collier County, and one of the requirements of this process is we have to host a neighborhood informational meeting to tell you what our intent is, what the application has been filed, try to take any questions you may have. And so, we're in that process. We filed the application. We've received initial common spec from county staff, and so, we're hosting our meeting before we have any public hearings before the planning commission and the county commission. And as Francesca said, the district has been involved in a number of meetings with the applicant, with Mr. Case, and been working hard to effectively downzone the property. I did wanna make one introduction here. Cortland's with Collier County Zoning Department, and Eric's the assigned planner that handled this case for the county. It's not really his meeting. [00:04:001 This is our meeting, but he's here to monitor and, just so you're aware, Sharon's recording the meeting. We also have some Zoom participants tonight. So, when we get to the questions, it might be helpful if, since we don't have a microphone, if you all could stand up to ask the questions so people that are on Zoom can actually hear it. I'll try to repeat it since I'm closer to the microphone, if you're in the back of the room. But we have just a short presentation to show you and be happy to answer some questions once we go through that. So, the subject property that Mr. Case purchased is about 51 1/2 acres, and most of the property is zoned RT. That stands for residential tourist. That allows for multifamily development and allows for hotels and motels. The zoning would permit over 600 multifamily units on it. It would permit over 1,000 hotel units on it. We're asking for a downzoning to allow 109 single family homes on the 51 1/2 acres. Page 2 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript [00:05:00] So, a portion of the property, at the very north end, is zoned conservation. That's being rezoned as part of our planned unit development. So, the planned unit development is the zoning vehicle to change it from RT and conservation to the zoning to allow the 109 dwelling units on it. So, it's all considered in the urban area for Collier County. So, again, the zoning is conservation and RT, and again, through the deed restriction with the improvement district, we can only seek either single family attached, or single family detached dwelling units. But it's capped at a maximum of 100 on the district property, as Francesca said, and then nine units on a piece of property that's located in this little strip of land south of the improvement district treatment facility. This is our zoning master plan. I'll try to stand out of your way. And we've designated areas where residential development will go, large areas for open space and lakes that will remain. This is the out parcel, as Francesca referred to it, where we would have residential, up to nine more units in this area. [00:06:04] So, the main access point is going to be Union Road, coming into the site. We had a couple of meetings with county staff. You all are very familiar with the site, but when you drive out there, you can make a left and go into the property that used to serve the RV part that was on the property in this area, or you can go on through the property on Union Road and get back to the clay shooting facility in the improvement district property. Our proposed access would allow us to make a deal with the county to come through the property where we historically did, or to continue to use Union Road. We have one deviation that we were talking about having, which was related to Internal Road. The county requires us to have 60' normally. We typically, for smaller single-family subdivisions, ask for those rights -of -way to be 50' and we have sidewalks on each side of the road, but it just allows us to deal with some of the utility functions a little differently and go back. [00:07:04] So, one of the things that we're required to do for the residential areas, we have to establish what those are. So, we've created a schedule of uses and development standards. These could be as high as two-story single-family homes, typical of what you've seen for other single-family areas, and then we established some minimum setbacks, etc., just as you would for any conventional zoning district. Here's some examples of some single-family product. This is an attached product. You can see that we have the Page 3 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript two garages, but it's got two living units, and these are single family examples, typical building elevations. There's no builder in the mix just yet. I know Mr. Case is talking to other builders, so we're not sure who the end builder may be, but that's in process. The next steps from us, we're gonna continue to work with staff. They're going to, at some point in the near future, deem us sufficient, and that means our application is at a point where they're ready to schedule us for public hearings. [00:08:03] We don't have public hearing dates scheduled yet. We will be working with them to get to a planning commission date, and when the planning commission meeting's scheduled, if you receive notice for this meeting, you should receive notice from the county on that hearing date. We're required to post zoning signs. You've probably seen them around, the 4' by 8' sheets of plywood that have the public hearing information on those. And then likewise for the county commission meeting to follow [inaudible -- crosstalk] [00:08:301, there would be a signage that would have that date on it, and you'll get a legal ad stating that date for the hearing. So, one of the things that we do, we have several ways for you to track the development progress here. And so, you can scan the QR code. Sharon's contact information is down here, so if you all wanna take a picture of the screen or something. Eric's contact information is also on here. And what we do, we'll post this presentation on our website. [00:09:001 It'll be available tomorrow and then — Sharon: It's available now. Wayne: It's available now, Sharon says. So, you can look at the presentation on our website, and you can access all the information that's public record that we submitted to the county, so all of the information that supports the application. We had to do an environmental assessment, a traffic analysis. We had to give them utility information. So, all those things are just the components of the rezoning application that have been filed with the county, and those get updated as they become public records with the county. So, that's in a nutshell, our short presentation, and be happy to try to entertain questions you may have and give you the best answers we can. But if you have a question, just raise your hand. I'll call on you. Yes, sir. Page 4 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Audience Member 1: How long will this process take from now? I know you don't have any exact time. A year, two, three years, or do you have any idea? Wayne: Well, we should be through this process within, I would say, six months, through the zoning process, and then Mike's got some permitting that he's working on, through the water management district. [00:10:04] And that's probably another six months after that. So, I would say probably in about a year, you could see development occurring on the site. Audience Member 1 Wayne: Thank you. Yes, sir. Yes, ma'am. Audience Member 2: A question as far as the two signs that are advertising the dormitory parcel for sale, can somebody make arrangements to take them down? I realize not very many people go back that way, but it looks nasty. Wayne: Okay. Audience Member 2: Thank you. Wayne: Sure. Thank you for the comment. That parcel's actually owned by Collier County Government now. So, I'm sure Eric will make a note to pass that along to the people in the real property department. Audience Member 2: Thank you. Wayne: Yes, ma'am. Anybody else? Yes, sir. Audience Member 3: Have they done a traffic study? how much additional traffic will go on Union Road back to that? Wayne: We have prepared a traffic analysis, and it wasn't specific to that using Union Road, but we have to establish what's called a trip cap. [00:11:00] So, our traffic consultant modeled our 109 proposed single-family dwellings compared to the 600-plus multifamily dwellings, and the traffic's substantially less, you can imagine, for 109. And then we didn't even model the 1,000 hotel units that could be built there, Page 5 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript but that would then generate a substantial more trips than the multifamily. But we've set the trip cap. I think it's 108 units. Wayne: Or, I'm sorry. 108 trips in the peak hour, that we've established as our trip cap to support the 109 units. Saw a hand right here, ma'am. Audience Member 4: That land that was originally designated as conservation land, years ago, and now you're wanting to rezone it and put homes there. Why was it designated conservation land originally, and what are the implications of that changing? Wayne: Yeah. That's a good question. So, this northern tip of the property was designated as conservation. You can see it's all being cleared. It had an RV park on part of it in the past. [00:12:00] The conservation designation, we think, was just probably old-line work because part of this land on either side is conservation, but there's a lot of history with port of the islands. And there's a settlement agreement that was in place from many, many, many years ago, many decades ago. And it basically now creates this as an urban area. So, we're allowed to, under the comprehensive plan, go ahead and change that to allow for residential, but you can see; we kept most of that as an open space tract, as part of our development. So, that's where that conservation area was. It's about 11 acres, I think, in total, of the 51 1/2 acres. Any other — Audience Member 5: Hello. Wayne: — questions? Audience Member 5: A call from the Zoom, if that's okay. Wayne: Sure. Sharon: Okay. Go ahead. Audience Member 5: Okay. Oh, thank you. We were just wondering if any of those QR codes talked about any supporting infrastructure, meaning shops, gas stations, that sorta thing, that are planned for this area because I know that's probably not new. [00:13:00] But is there anything in those QR codes that would point to what's happening with that? Wayne: So, the question, if you didn't hear that in the back, the question is, Page 6 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript in the QR codes, does that link you to any additional information that would support other uses besides the residential. So, we have in there, if you look, it's gonna be Exhibit A through F, if you go to those documents. And that's what we call our PUD document, and it has the development standards and the list of permitted uses. So, the only permitted uses we requested were single family attached and single family detached housing. Then we have accessory uses. So, we made some provisions for typical accessory uses. Like, you would have swimming pools, and open space, lanais, and garages, and things like that, but there are no uses like gas stations or any other supporting commercial type uses. Audience Member 5: Okay. Thank you. I think my husband has a question as well. Wayne: Okay. Audience Member 3: Yeah. So, I know we've had a lot of conversation in port of the islands about the water and the infrastructure. I mean, what are the plans for changes to that system? [00:14:00] Are you planning to tap into the system that we have in place presently, or what is the plan for that, or do you know? Yeah, I guess it's the better question, maybe. Mike Delate: Yeah. It's a good question. This is Mike Delate, engineer with Grady Minor. And we've worked with the improvement district quite a bit through this whole process. As Ms. Passidomo alluded to, there's a contractual agreement with the improvement district for Mr. Case to purchase available what we call equivalent residential units for water and wastewater service. So, the plant has capacity right now for these 109 units, and part of the purchase of the property was to purchase those what they call the ERUs. So, the facility out there now, current water and wastewater plant, are already sized for this additional units. I hope that helps. Audience Member 5: Yeah, it does. And that takes into account any unbuilt homes on the other side of the street, correct, in Sanctuary Point and elsewhere in that area? [00:45:03] Mike: We do not know that answer. So, all we know is that there's capacity, reserve capacity, for these 109 units. Page 7 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Audience Member 5: Okay. Thank you very much. Wayne: All right. Thank you. I saw a hand up over here. Audience Member 6: Go ahead. Wayne: The gentleman right behind you. Audience Member 6: Go ahead. Wayne: Just trying to get people who haven't asked a question, and then we'll come back. Audience Member 6: Absolutely. Audience Member 7: [Inaudible -- crosstalk] [00:15:211 estimated square footage on your [inaudible]? Wayne: Under air? We had this established a minimum, as part of the purchase — Mike: Fifteen hundred. Francesca: I think it's 1,500 max. Wayne: We're gonna look that up. I'll get the — Mike: It's 1,500. Wayne: — answer for you. I just wanna look in our documents and see what we've submitted. Francesca: Yeah. It's 1,500. Wayne: Max or minimum? Mike. Minimum. Wayne: So, did you say minimum? Francesca: Yes. Wayne: I got the PUD document right here. [Crosstalk] Page 8 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Wayne: So, I'm looking at our development table we established. The minimum square footage is 1,500 square feet per unit. Audience Member 6: Minimum. Wayne: Yes, sir? Audience Member 8: Is it gonna be a mix of single family and two family, or what's gonna determine that? Wayne: I don't think we know exactly. We made provisions for there to be both. I think that the intent probably is more toward the single family detached dwelling units. Audience Member 8: I mean, is there enough utility capability if they were all two families? Wayne: Yes. It's 109 total units. So, if you've got a kitchen, that's one unit. So, even if it's attached, that would be two dwelling units, so we [inaudible -- crosstalk] [00:16:401 units — Audience Member 8 Wayne: Audience Member 8 Wayne: Oh, I see. Okay. Yes, sir. I got you. In the back, yes, sir. Audience Member 9: I have a few questions, actually. One of them is, there's a lot of talk around — and I never heard this. I always heard the county didn't wanna sell Lindsay the 6.8 acres where the old hotel was. [00:17:00] He tried to buy it quite a few times, but they wanted to reserve it for an EOC center, possibly a fire, police, ambulance center. There's a rumor going around that they wanted to use it for Section 8 housing, and I've never heard that. All I've heard is the fire station. Wayne: Well, I was in one meeting with the county's real property department several months ago, and they really had no idea what they would utilize that property for. Audience Member 9: Yeah, that's what they told us to. Wayne: It's zoned right now, RT, which allows hotels, transient lodging, Page 9 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript multifamily dwelling units, but last I know, they don't have any specific plan for the property. Audience Member 9: Can Lindsay answer questions? Wayne: Sure. Audience Member 9: Lindsay, back in the fall, there was an awful lot of confusion on Next Door here about what you've really paid for the land. And $5 million is what we all understood. [00:4 8:00] But there are people that seem to be very confused about that, and said it was much less, and it would never be $5 million. Lindsay: I paid $3 million cash for the 48 acres with a monetary pledge of another $1.6 million for tax. Audience Member 9: Right. Lindsay: So, I, right now, have, in December of '24, I have a $500,000.00 check I have to give the district for tax, even if they're not being pulled. A year from then, I have another $500,000.00 commitment, and in another year after that. So, that accumulates to roughly the $1.6 million. So, it was really $4.6 million, plus there's another $4,000.00 per unit. So, it worked out to $5 million of cash for the district on a net sense. On infrastructure they already had, someone had mentioned my team doesn't wanna represent the district because we don't. [00:19:02] But one thing is for sure I do know from the district is that I'm only using 109 units of water and sewer, and the district had 266 when I came to the table. Audience Member 2: And that's correct. Lindsay: So, there is more water and sewer for these lands, for whatever redevelopment happens here and for the lots that are still out there. Mr. Steve [Inaudible] [00:19:271 there and the other group. So, this district is just really in a great spot. I'm so happy to see where it's going because the stability of the single-family product is what I find strength in, why I wanted to be here, because it was on an edge with this selling out all these little units, and then this place being unknown. But it seems as if this group has kept drawing in more capital, buying up those smaller units. [00:20:00] And as soon as they can unify the ownership of this area, it will Page 10 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript have a huge capital investment, along with the grounds out here. But right now, the stability, what I'd say for the long-term trim of how this district will cashflow, is through these 109 units. Wayne: Thanks, Lindsay. Audience Member 8: And to be clear, so it was a lot more than $2.7 million or — Lindsay: No, it was five point — Audience Member 8: — some of these other numbers that came out. Lindsay: It was $5 million. Audience Member 8: Right, $5 million. Lindsay: Out of my cash, out of my side, net cash. Audience Member 8: And I just say something recently from you, because we've had these discussions, that even if you passed, that your heirs are involved in this. Lindsay: Audience Member 8: Oh, God, right. So, it's not gonna default. Lindsay: My net worth is at the table. If I sell out, there's gonna be a new investor, that they're gonna be making your team, your engineer, happy, and your attorney, and your board. [00:21:00] So, I've already talked to people that are so capitalized, no one will ever worry about these type of things, on my performance. My performance is 109 lots delivered as you've preferred, and on math, I'm making my profit and going if I do. Anything can happen and wham, oh, I forgot that. The traffic, we had thought about it. There's a lot of that. The road — I thought, "Hey, when I buy this district, I wanna receive all the traffic that was on the road for these two facilities. You gotta buy it from someone else if you're gonna" — the county side, they don't have water rights. So, the district has to decide to sell them water when they decide. So, the court is in the district's side on the county ground. I would say, in terms of the utility service, they are the king of base, and it's two communities that will need to be working together. And we can absorb that into our plan anytime. Page 11 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript [00:22:OO] If the county does have a perception that they're willing to let it go, however they would feel the market needed to price that thing to us, I said, "I'll take it according to what I paid for all that ground. We'll just divide it by that, 21 lots. Okay, that same price." And other than that, I'm just not sure what else might be helpful. Wayne: Thanks, Lindsay. Yes, sir. Audience Member 9: I had a question and maybe I missed it, but are we also contributing to building the infrastructure, like the roads and stuff like that, into this? Wayne: Do you wanna answer that? Francesca: Well, we can both speak to that. Wayne: Yeah. I think it's really goes to the improvement district. Francesca: Sure. Wayne: I'll let Francesca tell you about that. Francesca: So, I'll give you the big picture. Then Mr. Delate will walk you through the details. As part of closing, we signed a post -closing agreement with the district that spoke just to who's responsible for infrastructure. All infrastructure serving the project will be installed by Mr. Case at Mr. Case's cost. There will also be substantial improvements to Union Road, as far as repaving and replacing those utilities. [00:23:07] They're something like 50 years old. So, all of that will also be done by Mr. Case at his cost. The only cost to the district is to the extent there is an upgrade to that pavement required to serve the district's water treatment plant. That would be the district's only cost. So, there's really little to no exposure to the district. Mr. Case is handling all infrastructure for his site. Audience Member 9: Thank you. Wayne: Thank you. Audience Member 8: Can you explain what you meant by an upgrade? Upgrading that road? Francesca: That's actually an engineering question. Page 12 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Wayne: We'll let Mike Delate — the question is — explain what was meant by the upgrade that was referenced. Mike: So, the upgrade is a standard road cross section and pavement thickness that would be required for a residential community, and it's 6" of lime rock and 1 1/2" of asphalt. The district asked us to make that 8" of lime rock and 2" of asphalt, and they would pay the difference, just because they've got heavier vehicles coming in. [00:24:031 Audience Member 8: Okay. Audience Member 9: And that's only around the water plant. Mike: Yeah. That would just be up to the water plant. Audience Member 9: Up to. Mike: Yes, sir. Audience Member 8: Would that start at 4 1 ? Mike: No. Just inside Mr. Case's property. Audience Member 8: Okay. Wayne: Any other questions? Ma'am, I see you back there. Audience Member 10: Does that have any impact — Wayne: Can you stand up, so your voice projects a little better, please? Thank you. Audience Member 10: Is there any impact on the water plant after you build up around the single-family homes? I've heard some talk about that. Mike: No. They'll be no physical impact. Audience Member 10: Wayne: Audience Member 11: Okay. Yes, sir, right here. $6 million — Page 13 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Audience Member 12: Have you obtained an environmental impact statement? Wayne: We've done an environmental assessment that's part of the zoning process. The project will have to go and obtain an ERP, which is an Environmental Resource Permit, through the water management district. [00:25:OO] Audience Member 12: Are you in contact with the South Florida Water Management District, and they'll have what their actions are going to hinge on this? Mike: We've been coordinate — your question is have they coordinated with the water management district? We've been coordinating with the arm of the water management district called the Big Cypress Basin, which controls that section of the canal, and we've just started after EN coordination on that. And then we'll be submitting to the water management district, in general, for our permit in the next couple of months. Audience Member 12: What will be the effect on this development if the canal gets plugged? Mike: At this point, there's no plan to change what would be the control elevation of the project because the — I forget the name of the condominium project just south of Mr. Case's. Wayne: Orchid Canyon. Mike: Yeah, Orchid — yeah. That's dependent on that control elevation of the canal, and so, we'll be discharging at the same elevation. So, anything that they would do to affect the condominium would affect this property. [00:26:04] And nothing's been anticipated or planned for that. Wayne: There's a question back here from somebody who hasn't asked a question. Yes, sir? Audience Member 12: Has there been, or is there going to be any kind of a study regarding the amount of fertilizer and herbicide, pesticides that are gonna affect — and if it will affect the aqueduct? Wayne: I think there are standards. The county has a fertilizer ordinance. There are standards for when you can fertilize and when you Page 14 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript cannot, oftentimes. But there's no specific requirement for us to analyze fertilizer impacts, but the water management system permit has a water quality component to it. So, there's a flush of — Mike can describe it better than me, but there'll be dry detention systems that will take the water and clean the first flush out, and then it gets discharged probably into our internal lake system before it discharges into the canal. Mike: Yeah. As part of our water management district permit, [inaudible -- crosstalk] [00:26:561 nutrient loading analysis. So, that would be performed, and submitted, and reviewed by the water management district. [00:27:03] Wayne: Yes, please. Audience Member 13: Okay. I have the one gentleman answer my question before, which was very [inaudible] — Sharon: Can you speak up, please? Audience Member 13: I have a question about the gun club. Is there any way — is it going to be like a disclaimer, selling these homes, because I've been in other areas where people have purchased homes near airports, and then 10 years later, the houses got bought out because of the noise factor. Knowing that the gun club has been there for 50-plus years, is it protected? Francesca: So, as part of the closing, again, there is a little access easement here that cuts across Mr. Case's property, historic access. It was granted, as far as a permit and access easement, to the gun club to preserve that historic access. In that document, it actually says this is providing access to the gun club. [00:28:02] So, that's of record at this point. Whether and how it's disclosed further in the HOA documents is to be determined, but as far as it being of record, it already is, in fact, that way. Wayne: Thank you. Yes, sir. Audience Member 14: They claimed they put a berm up between the gun club and the development? Wayne: The question is, is there going to be a berm between the gun club and the development. Page 15 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Mike: A physical elevated berm you're talking about? Audience Member 14: Right. Mike: I don't think we've gotten that far into the details. There's a water management berm that has to go in, but it wouldn't be of any height. Wayne: Yes, ma'am. Audience Member 15: On the same vein of a berm going around, specifically the gun club, what about landscaping around the whole project? Has any plans been made for that, or what is Collier County code requirement that needs to go around the whole project? Thank you. Wayne: Yes. We do have landscape requirements that are part of the county code. [00:29:011 We haven't designed those yet, but they require us — there's no buffer, for instance, required against the canal to the west, but there is a buffer required adjacent to Orchid down here. And we'll be buffering ourselves probably from the treatment facility. Audience Member 15: Thank you. Francesca: Yeah, and actually, that brings up a good point. Keep in mind that this entire segment here is open space. So, that's a further natural buffer from the gun club. Wayne: Thanks, Francesca. Ma'am, you had another question? Audience Member 15: Yes. It's my understanding that that parcel flooded from Ian, and so, do you know how much fill you're going to have to put for those homes, and how can you assure that neither the water plant nor Orchid Cove are going to get flooded because they're gonna be lower than this new property? Mike: Sure. So, your question is, how can we assure there's no flooding from the development of this property to the other properties. So, this property is similar to Orchid Cove. [00:30:01] It's covered by FEMA, the FEMA maps. And the flood elevation, I believe offhand, is elevation eight, roughly. Wayne: Seven. Page 16 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Mike: Seven? Okay. So, the minimum finished floor, under the Florida Building Code, is elevation eight. You have to be a foot above that. And we've coordinated with, as I said, the Big Cypress Basin, getting peak stages of the canal under Irma and Ian, and both of those were well below the finished floors because Orchid, as well, has similar finished floors, and you all didn't flood. So, we'll have our own separate water management system with a couple of lakes that Wayne pointed out. And so, those lake systems will handle not only water quality that you mentioned, but attenuating a 25-year storm event, which is required by Collier County and water management district. And then as I indicated before, there's a perimeter berm that's placed at that 25-year elevation before any water could go offsite. [00:31:00] All the water that's attenuated onsite, the discharge goes to the canal. So, there's no interconnection with Orchid at all. Wayne: Any other questions that we haven't touched on? Audience Member 1: The water plant — Wayne: Yes, ma'am. Audience Member 15: The gun club has been in existence for 60 years, and the pellets, the lead pellets, just fall to the earth or to the water. When you start digging these ponds, are you doing an analysis to see what the lead levels are in the water and in the soils? Mike: So, the requirements under Collier County ordinance are not to check for those types of potential contaminants. However, Mr. Case has retained a geotechnical firm that's gonna be doing soil borings in these areas, and I don't know the specifics of his contract with the GM technical firm. We'll check that out to see if that includes testing for any lead materials. [00:32:02] Wayne: Anybody else? Audience Member 15: Yeah. What size are the lots projected to be? Wayne: They're probably gonna vary in lot size. We have some minimum standards that we've established. Mike's in the process of laying out some conceptual plans, but they're gonna be fairly larger lot, Page 17 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript single family homes, so pretty substantial size lots. Mike's looking up the minimum lot width, for instance, but that's for the duplex, yeah. So, it's going to vary. Audience Member 15: Okay. So, it's not gonna be like a zero -lot line kinda — Wayne: No. Audience Member 15: Okay. Wayne: No, ma'am. I saw a handout back here that has — yes, ma'am? Audience Member 15: Yes, hi. How are the potential homeowners going to cope with the noise from the gun club? Wayne: Well, I think it's, as Francesca said, it's a known entity. I mean, it's been out here for over 50 years. So, to the extent that our property owners that they're granting access through this portion of the site to get back to the gun club. [00:33:04] So, I think it's going to be a known factor. Anybody who buys out here is gonna be subject to the occasional gunfire that you hear out there. [Crosstalk] Wayne: Yes, sir. Audience Member 16: I used to be on the CID board, and we looked into this, and this is actually a community improvement district, not a community development district. And a lot of this was done. There's always been a lot of questions. How did all of this platting, so to speak, come about? I'm not positive, and you should check, that the area around the gun club and that top piece that someone asked about is actually a conservation easement. We think, at the time, and our attorney was looking into it, same attorney now, that it was just a handshake. It was deemed conservation designation. [00:34:01] So, you might wanna check on that. Wayne: No. We're pretty certain. It's definitely zoned conservation. There is no deed restriction on it. Audience Member 16: Right. Francesca: Yeah, that's right. There's no conservation easement of record on Page 18 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript that segment. Audience Member 16: Okay. Wayne: Yes, sir. Audience Member 16: Is the elevation of our water plant the same as Orchid Cove, or is it lower? Audience Member 14: Lower. Wayne: Mike, do you know the answer? Mike: I don't know specifically, but I'd imagine it's a little bit lower. Audience Member 16: Because if you build up to Orchid Cove, then all the water is gonna flow right towards our water plant, correct or not? Mike: No. Any rainfall that would occur within the site would be captured and run toward the internal lake system and not drain toward the plant. Wayne: It's gonna outfall into the canal. It's not out falling to the east where the water plant is. Audience Member 16: Even if it's lower elevation? Audience Member 15: It has to be self-contained. Audience Member 16: Because we deal with that in hurricanes constantly. Wayne: Yes, sir. Audience Member 9: Just a comment along those lines, but today, it is — the land is at the lower elevation, and as was shown in Ian, the water did drain that way, and that will not happen once this has been developed and re - stepped, correct? [00:35:05] Wayne: And that's correct because without development on it, there's no controlled water management system. We'll be required to put in a perimeter berm to control the water flow and make sure that it's not flowing onto anybody else. Anything else we haven't touched on before we — yes, sir? Page 19 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Audience Member 16: Now, just for people's information, those — Wayne: Can you speak up just a little so everybody can hear? Audience Member 16: Those ponds that you're talking about putting in, they're substantial ponds, correct? Wayne: Yes. Audience Member 16: Yeah. I mean, they're — Wayne: Yeah, they're not little, small things. Audience Member 16: No, they're like the five -acre one that's there already, kind of. Mike: Almost, yes. Wayne: Anything else? Yes, ma'am. Audience Member 15: So, what is the requirement for the percentage of permeable land to the house on each lot? Is that an issue, or — Wayne: The county doesn't have a specific overall lot coverage standard for each single-family home. [00:36:00] But we do have a 60% open space requirement for our planned development. So — Audience Member 15: For each lot? Wayne: No, ma'am. It's overall. So, for the 50-acre project, we have to have 60% of it that's open space. So, that would be buffers, lakes, yard space, things of that nature. So, you can see on here, I mean, you've got in our master plan, it's not the easiest to read, but we've got dedicated open space areas. That's almost 12 acres. This lake system here is gonna be another 10 acres or so. So, we've got substantial open space areas that are built into this plan. Nothing else? We can adjourn. Everybody can go home. Everybody done? Audience Member 15: I have one more. Wayne: Okay. Audience Member 15: Is the county looking into the — Wayne: Hey, folks? If you can be quiet, we have somebody asking another Page 20 of 21 PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript question. Thank you. Audience Member 15: Is the county looking into the feasibility of porous roads and porous driveways in order to handle drainage? Sharon: Excuse me. We're trying to record this, please. [00:37:001 Wayne: Folks, the meeting is still going on. If you could all take your conversations outside, please. Audience Member 16: We thought it was over. Mike: So, your question was does the county looking into porous pavement, essentially, for pavement or for sidewalk, or — Audience Member 2: We can't hear him. Mike: — road areas. Audience Member 1: Yeah. Can you speak up? We can't hear back here. Audience Member 2: We can't hear you. Mike: Yeah. So, the question was is the county looking into porous pavement in concrete or asphalt for roads or sidewalks. They may be, but it's not a requirement for any project in Collier County, and the water management system is designed for a certain amount of impervious area that's calculated into the nutrient loading calculations. So, it's not a requirement, and frankly, performance with porous concrete and road systems, it's had a bad history in these parts. Wayne: Thank you, all. Well, if there's nothing else now, we can adjourn, and everybody can — Audience Member 1: All right. Wayne: Thank you. [End of Audio] Duration: 39 minutes Page 21 of 21