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Backup Documents 05/02/2024 Collier County Planning Commission Backup Documents May 02, 2024 March 20, 2024 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 29, 2024, and furnish proof of publication to the attention of James Sabo, Planning Manager, Laura DeJohn, Senior Planner, and Nancy Gundlach, Planner III in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 3/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section] FUND& COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500230189 Account Number: 323534 /?_4_,R,_.....__ Authoriz esignee signature for CCPC Advertising PL20210003111, PL20210003115,&PL20210003112 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC)at 9:00 A.M.on April 18,2024,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 NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY ADDING THE FIDDLER'S CREEK SECTION 29 DEVELOPMENT AREA AND AMENDING THE ALLOWABLE USES IN THE NEUTRAL LANDS WITHIN THE RURAL FRINGE MIXED USE DISTRICT, AGRICULTURAL/RURAL DESIGNATION, TO REMOVE DEVELOPMENT RESTRICTIONS ON SECTION 29 AND ALLOW 750 ADDITIONAL RESIDENTIAL DWELLING UNITS, 30"/o OF WHICH WILL BE RENT RESTRICTED AS AFFORDABLE,ON 49.91±ACRES OF PROPERTY LOCATED' MILES SOUTH OF TAMIAMI TRAIL EAST (U.S. 41) AND 3 MILES EAST OF AUTO RANCH ROAD, IN SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; AND FURTHERMORE,DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20210003111] IQ��` N Gee T ct Jre �� rR Ca4- R d Project cM�cco RD Location y� A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING DEVELOPMENT ORDER 84-3, AS AMENDED, FOR THE MARCO SHORES/FIDDLER'S CREEK DEVELOPMENT OF REGIONAL IMPACT, BY PROVIDING FOR SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER 84-3,AS AMENDED, TO ADD 750 MULTI-FAMILY DWELLING UNITS FOR A TOTAL OF 6,750 SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS; TO ADD CONVERSION OF SINGLE FAMILY DWELLING UNITS TO MULTI-FAMILY DWELLING UNITS; TO LIMIT THE NUMBER OF DWELLING UNITS OUTSIDE OF SECTION 29 TO 6,000; TO LIMIT THE ADDITIONAL 750 MULTI-FAMILY DWELLING UNITS TO SECTION 29 ONLY AND DISALLOW THEM FROM THE CONVERSION FORMULA; AND TO CORRECT A SCRIVENER'S ERROR; SECTION TWO: AMENDMENT TO EXHIBIT FC-A1,MASTER DEVELOPMENT PLAN,TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA AT COLLIER BOULEVARD AND FIDDLER'S CREEK PARKWAY BY REDESIGNATING A PORTION OF BUSINESS TRACT TO RESIDENTIAL TRACT AND A PORTION OF RESIDENTIAL TRACT TO BUSINESS TRACT; AND TO ADD RESIDENTIAL DEVELOPMENT AREA TO SECTION 29 BY REDESIGNATING A PORTION OF PARK TRACT TO RESIDENTIAL TRACT AND ADDING A PROJECT ENTRANCE; SECTION THREE: FINDINGS OF FACT; SECTION FOUR: CONCLUSIONS OF LAW; SECTION FIVE: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMERCE AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3,932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND SOUTH OF TAMIAMI TRAIL EAST(US 41) IN SECTIONS 11, 13, 14, 15, 22, 23 AND 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTIONS 18, 19 AND 29, TOWNSHIP 51 SOUTH,RANGE 27 EAST,IN COLLIER COUNTY, FLORIDA. [PL20210003115] AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 84-42,AS AMENDED,96-74,98-13, 18-27,AND 2000- 84, THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT, TO INCREASE THE NUMBER OF DWELLING UNITS FROM 6,000 TO 6,750, BY ADDING 750 MULTI-FAMILY DWELLING UNITS WITH SOME AFFORDABLE HOUSING TO SECTION 29;TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA FROM 1,280 ACRES TO 1,330 ACRES; AND DECREASE PARK ACREAGE AND RECONFIGURE PRESERVE ACREAGE IN SECTION 29; TO PROVIDE FOR A CONVERSION FACTOR FOR SINGLE-FAMILY TO MULTI-FAMILY DWELLINGS EXCLUDING SECTION 29; TO CHANGE INTENSITY OF GROUP HOUSING FROM 26 UNITS PER ACRE TO A FLOOR AREA RATIO OF.60; TO ADD ADULT CONGREGATE LIVING FACILITIES AS A LAND USE TO THE RESIDENTIAL DISTRICT AND THE BUSINESS DISTRICT; TO REMOVE LAKES AND RECONFIGURE RESIDENTIAL AND BUSINESS TRACTS ALONG THE NORTH SIDE OF THE COLLIER BOULEVARD ENTRANCE; TO AMEND MASTER PLAN EXHIBIT FC-A1; PROVIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD (CR 951)AND SOUTH OF TAMIAMI TRAIL EAST (US 41) IN SECTIONS 11, 13, 14, 15,22,23, AND 24,TOWNSHIP 51 SOUTH,RANGE 26 EAST AND SECTIONS 18,19,AND 29,TOWNSHIP 51 SOUTH,RANGE 27 EAST,IN COLLIER COUNTY,FLORIDA. [PL202100031121 Project ii- d�/ arc) RD M All interested parties are invited to appear and be heard. Copies of the proposed Ordinances&Resolution will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL 34112, one (I) week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to April 18,2024. 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 participate 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@colliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is 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. Collier County Planning Commission Edwin Fryer, Chairman NDN Acct #323534 March 21, 2024 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20210003111, PL20210003115 & PL20210003112 Fiddler's Creek (Small-Scale GMPA) (Display ad w/map) Dear Legals: Please advertise the above referenced Notice (NOT to be placed in the Classified Section of the paper) on Friday, March 29, 2024, and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500230189 March 20, 2024 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 29, 2024, and furnish proof of publication to the attention of The Board's Minutes and Records Department, 3299 Tamiami Trail, Suite 401, Naples 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section] FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500230189 Account Number: 323534 Authorized Designee signature for CCPC Advertising PL20210003111, PL20210003115, & PL20210003112 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. on April 18, 2024, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East,Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY ADDING THE FIDDLER'S CREEK SECTION 29 DEVELOPMENT AREA AND AMENDING THE ALLOWABLE USES IN THE NEUTRAL LANDS WITHIN THE RURAL FRINGE MIXED USE DISTRICT, AGRICULTURAL/RURAL DESIGNATION, TO REMOVE DEVELOPMENT RESTRICTIONS ON SECTION 29 AND ALLOW 750 ADDITIONAL RESIDENTIAL DWELLING UNITS, 30% OF WHICH WILL BE RENT RESTRICTED AS AFFORDABLE,ON 49.91±ACRES OF PROPERTY LOCATED 3/4 MILES SOUTH OF TAMIAMI TRAIL EAST (U.S. 41) AND 3/4 MILES EAST OF AUTO RANCH ROAD, IN SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20210003111] e 'NNT co 0 o co 4L. D Project cMtcoa R Location yV e A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING DEVELOPMENT ORDER 84-3, AS AMENDED, FOR THE MARCO SHORES/FIDDLER'S CREEK DEVELOPMENT OF REGIONAL IMPACT, BY PROVIDING FOR SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER 84-3, AS AMENDED, TO ADD 750 MULTI-FAMILY DWELLING UNITS FOR A TOTAL OF 6,750 SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS; TO ADD CONVERSION OF SINGLE FAMILY DWELLING UNITS TO MULTI-FAMILY DWELLING UNITS; TO LIMIT THE NUMBER OF DWELLING UNITS OUTSIDE OF SECTION 29 TO 6,000; TO LIMIT THE ADDITIONAL 750 MULTI-FAMILY DWELLING UNITS TO SECTION 29 ONLY AND DISALLOW THEM FROM THE CONVERSION FORMULA; AND TO CORRECT A SCRIVENER'S ERROR; SECTION TWO: AMENDMENT TO EXHIBIT FC-A1,MASTER DEVELOPMENT PLAN, TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA AT COLLIER BOULEVARD AND FIDDLER'S CREEK PARKWAY BY REDESIGNATING A PORTION OF BUSINESS TRACT TO RESIDENTIAL TRACT AND A PORTION OF RESIDENTIAL TRACT TO BUSINESS TRACT; AND TO ADD RESIDENTIAL DEVELOPMENT AREA TO SECTION 29 BY REDESIGNATING A PORTION OF PARK TRACT TO RESIDENTIAL TRACT AND ADDING A PROJECT ENTRANCE; SECTION THREE: FINDINGS OF FACT; SECTION FOUR: CONCLUSIONS OF LAW; SECTION FIVE: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMERCE AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3,932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD (CR 951)AND SOUTH OF TAMIAMI TRAIL EAST(US 41) IN SECTIONS 11, 13, 14, 15, 22, 23 AND 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTIONS 18, 19 AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, IN COLLIER COUNTY, FLORIDA. [PL20210003115] AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 84-42,AS AMENDED,96-74,98-13,18-27,AND 2000- 84, THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT, TO INCREASE THE NUMBER OF DWELLING UNITS FROM 6,000 TO 6,750, BY ADDING 750 MULTI-FAMILY DWELLING UNITS WITH SOME AFFORDABLE HOUSING TO SECTION 29; TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA FROM 1,280 ACRES TO 1,330 ACRES; AND DECREASE PARK ACREAGE AND RECONFIGURE PRESERVE ACREAGE IN SECTION 29; TO PROVIDE FOR A CONVERSION FACTOR FOR SINGLE-FAMILY TO MULTI-FAMILY DWELLINGS EXCLUDING SECTION 29; TO CHANGE INTENSITY OF GROUP HOUSING FROM 26 UNITS PER ACRE TO A FLOOR AREA RATIO OF.60; TO ADD ADULT CONGREGATE LIVING FACILITIES AS A LAND USE TO THE RESIDENTIAL DISTRICT AND THE BUSINESS DISTRICT; TO REMOVE LAKES AND RECONFIGURE RESIDENTIAL AND BUSINESS TRACTS ALONG THE NORTH SIDE OF THE COLLIER BOULEVARD ENTRANCE; TO AMEND MASTER PLAN EXHIBIT FC-A1; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD (CR 951)AND SOUTH OF TAMIAMI TRAIL EAST (US 41) IN SECTIONS 11, 13, 14, 15,22,23, AND 24,TOWNSHIP 51 SOUTH,RANGE 26 EAST AND SECTIONS 18,19,AND 29,TOWNSHIP 51 SOUTH,RANGE 27 EAST,IN COLLIER COUNTY,FLORIDA. [PL20210003112] C) Project Location m d `o k Mayo RD All interested parties are invited to appear and be heard. Copies of the proposed Ordinances&Resolution will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL 34112, one (1) week prior to the scheduled hearing. Written comments must be filed with the Zoning Division,prior to April 18,2024. 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 participate 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@colliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is 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. Collier County Planning Commission Edwin Fryer, Chairman • Martha S. Vergara From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Thursday, March 21, 2024 9:13 AM To: Martha S. Vergara Subject: DO NOT REPLY EXTERNAL Message! This message came from OUTSIDE the Clerk's office. Please use caution when opening attachments, clicking links, or replying to this message. If you have any questions, please contact helpdesk@collierclerk.com This is an auto generated email, please do not reply. The legal department has received your email. Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department 1 Martha S. Vergara From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Thursday, March 21, 2024 10:43 AM To: Martha S. Vergara Subject: RE: 03600816 PL20210003111, PL20210003115 & PL20210003112 Fiddler's Creek (CCPC 4/11/24) Importance: High EXTERNAL Message! This message came from OUTSIDE the Clerk's office. Please use caution when opening attachments, clicking links, or replying to this message. If you have any questions, please contact helpdesk@collierclerk.com Received and processing - please wait for proof Thanks! Public Notices Team Loca I i Q I NUSA ETWORK Y Office: 844-254-5287 From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent:Thursday, March 21, 2024 8:12 AM To: NDN-Legals<legals@naplesnews.com> Subject: 03600816 PL20210003111, PL20210003115 & PL20210003112 Fiddler's Creek (CCPC 4/11/24) Hello, Please advertise the following attached on Friday, March 29, 2024 (Display w/map). Please note that the maps are attached to the document as to omit confusion as to where the maps are to be placed. This advertisement MAY NOT BE placed in that portion of the newspaper where classified advertisements appear. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. 1 Please forward an ok when received, if you have any questions feel free to call. Thanks, Martha Vergara BMR&VAB Senior Clerk �°•,0u'T`°"Rl4r,01. Office: 239-252-7240 4 *�+♦� � Fax: 239-252-8408 E-mail: Martha.Vergara@CollierClerk.com Office of the Clerk of the Circuit Court °P & Comptroller of Collier County � `°""''`F5°Q 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. 2 Martha S. Vergara From: Collier Legal Notices <do-not-reply@form-results.com> Sent: Friday, March 22, 2024 11:55 AM To: Martha S. Vergara Subject: Collier Notices - Notice Received EXTERNAL Message! This message came from OUTSIDE the Clerk's office. Please use caution when opening attachments, clicking links, or replying to this message. If you have any questions, please contact helpdesk@collierclerk.com Thank you for submitting your notice. We will review it and publish it on the date you requested. If your notice is deemed unpublishable, you will receive notice by email with a brief explanation and direction for next steps. You will be able to see the status of your notice in the "My Notices" section of your account when logged in. My Notices: https://notices.collierclerk.com/notices-account Thank you, Collier Legal Notices 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Cor mlesion(CCPCI at 9:00 A.M.or r Apr1118,2024,in the Board of County Commissioners Meeting Room Third Floor Collier Gore+nmem Center 3299 tem,am.Trar Las'Napo;.FL to nonsidr'r AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA.AMENDING ORDINANCE NO.89-05,AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY ADDING THE FIDDLER'S CREEK SECTION 29 DEVELOPMENT AREA AND AMENDING THE ALLOWABLE USES IN THE NEUTRAL LANDS WITHIN THE RURAL FRINGE MIXED USE DISTRICT,AGRICULTURAURURAL DESIGNATION,TO REMOVE DEVELOPMENT RESTRICTIONS ON SECTION 79 AND ALLOW 750 ADDITIONAL RESIDENTIAL DWELLING UNITS.'UP.OFF WHICH WILL BE RENT RESTRICTED AS AFFORDABLE,ON 49.91±ACRES OF PROPERTY LOCATED 1L MILES SOUTH OF FAMIAMI TRAIL EAST(U.S.41)AND he MILES EAST OF AUTO RANCH ROAD,IN SECTION 29,TOWNSHIP 51 SOUTH,RANGE 27 EAST,COLLIER COUNTY,FLORIDA:AND FURTHERMORE.DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE:PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. (PL20210003111( �GV C -gov, Fg 7 Project MaYw= Location 15. co e a A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING DEVELOPMENT ORDER 84-3,AS 1-1 AMENDED,FOR THE MARCO SHORES/FIDDLER'S CREEK DEVELOPMENT OF REGIONAL IMPACT,BY PROVIDING FOR SECTION ONE:AMENDMENTS A TO DEVELOPMENT ORDER 84-3,AS AMENDED,TO ADD 750 MULTI-FAMILY DWELLING UNITS FOR A TOTAL OF 6,750 SINGLE FAMILY AND MULTI- FAMILY DWELLING UNITS;TO ADD CONVERSION OF SINGLE FAMILY DWELLING UNITS TO MULTI-FAMILY DWELLING UNITS;TO LIMIT 111E NUMBER OF DWELLING UNITS OUTSIDE OF SECTION 29 TO 6,000:TO LIMIT THE ADDITIONAL 750 MULTI-FAMILY DWELLING UNITS TO SECTION 29 ONLY AND -� DISALLOW THEM FROM THE CONVERSION FORMULA;AND TO CORRECT A SCRIVENER'S ERROR:SECTION TWO.AMENDMENT TO EXHIBIT FC-AT, MASTER DEVELOPMENT PLAN,TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA AT COLLIER BOULEVARD AND FIDDLER'S CREEK PARKWAY BY REDESIGNATING A PORTION OF BUSINESS TRACT TO RESIDENTIAL TRACT AND A PORTION OF RESIDENTIAL TRACT TO BUSINESS TRACT;AND TO ADD RESIDENTIAL DEVELOPMENT AREA TO SECTION 29 BY REDESIGNATING A PORTION OF PARK TRACT TO RESIDENTIAL TRACT AND ADDING A (") PROJECT ENTRANCE;SECTION THREE:FINDINGS OF FACT SECTION FOUR:CONCLUSIONS OF LAW:SECTION FIVE:EFFECT OF PREVIOUSLY ISSUED 2 DEVELOPMENT ORDER,TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMERCE AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3,932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD(CR 9511 AND SOUTH OF TAMIAMI TRAIL EAST(US 41)IN SECTIONS 11, LC 13,14,15,22,23 AND 74,TOWNSHIP 51 SOUTH.RANGE 26 EAST AND SECTIONS 18,19 AND 29,TOWNSHIP 51 SOUTH.RANGE 27 EAST.IN COLLIER COUNTY.FLORIDA.(PL24210003115) O AND N AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY.FLORIDA AMENDING ORDINANCE NO. 8442,AS AMENDED, A 96.42,96.74,98-13,2000-84,AND 18-27,THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT,TO INCREASE THE NUMBER OF - DWELLING UNITS FROM 6,000 TO 6,750,BY ADDING 750 MULTI-FAMILY DWELLING UNITS WITH SOME AFFORDABLE HOUSING TO SECTION 29;TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA FROM 1,280 ACRES TO 1,330 ACRES, AND DECREASE PARK ACREAGE AND RECONFIGURE PRESERVE ACREAGE IN SECTION 29;TO PROVIDE FOR A CONVERSION FACTOR FOR SINGLE-FAMILY TO MULTI-FAMILY DWELLINGS EXCLUDING ,9 SECTION 29,TO CHANGE INTENSITY OF GROUP HOUSING FROM 76 UNITS PER ACRE TO A FLOOR AREA RATIO OF 60,TO ADO ADULT CONGREGATE r LIVING FACILITIES AS A LAND USE TO THE RESIDENTIAL DISTRICT AND THE BUSINESS DISTRICT;TO REMOVE LAKES AND RECONFIGURE m RESIDENTIAL AND BUSINESS TRACTS ALONG THE NORTH SIDE OF THE COLLIER BOULEVARD ENTRANCE'TO AMEND MASTER PLAN EXHIBIT FC-A1; N PROVIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE THE SUBJECT PROPERTY CONSISTING OF 3932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD NCR 951)AND SOUTH OF TAMIAMI TRAIL EAST(US 41)IN SECTIONS 11,13,14,15,22,23,AND 24, TOWNSHIP 51 SOUTH,RANGE 28 EAST AND SECTIONS 18,19,AND 29,TOWNSHIP 51 SOUTH,RANGE 27 EAST,IN COLLIER COUNTY,FLORIDA r [P120210003112) z a Project Locationco w m • 8 Q W MaYG RO AEI interested partns are Invited to appear and be heard Copes of the proposed Ordinances&Resoiutron will be made available for inspection at the Colaer County Clerks office:oudh floor Caner County Government Centel 3299 East Tenon,'Trail.Suite 40I Naples.FL 3411?one r 1i week prior tonic scheduled healing.Written comments must tie t;ed with the Zoning D:v's,oi pile to Apr9 18,2024- As part of an ongoing initiative to encourage public involvement the pub.ir wi:l 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 w'ww.collierrountyfl gov,our-countyrwsltorUcalendarot-events alter the agenda IS posted on the County website.Reg.slration>rould be done in advance of the pubnc meeting.or any cleedlgne specrled within the public meeting notice Individuals who register will receive an email m advance of Inc public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at rite users risk.The County is net respnnstye to'technical issues.For additional information about the meeting.please call Geoffrey Wtkg at 252-8369 or email to Geoffrey WilllgiVcolbercountyn goy Any person who decides to appeal any decision of the Collier County Pprntleg Commission(CCPC)will need a record of the proceedings pertaining thereto and therefore.may need to ensure that a verbatim record of the proceedings is made white record includes the testrmuriy and evidence purr which Ore appeal Is based. It 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 Caner County Facilities Management Division located at 3335 Tamramr Trail East.Sidle 101 Naples.Ft. ,52 J,'.0 ",nays aria to the meeting Ass sled islen'ty den e,for the nearing impaired ale available in the Board of County Cnmmas,orrers(An' Collier Cperty i'lammng fonc,v„u Edwin F'u'Chieman Yanirda Fernandez From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Friday, April 19, 2024 12:44 PM To: Marty G. Rustin; Minutes and Records; Legal Notice Subject: 5/2/24 CCPC- Web Postings for Fiddler's Creek Petitions (PL20210003111, PL20210003115 & PL20210003112) Attachments: Ad Request.pdf Good afternoon, Marty, Hope you're doing well. The referenced petitions were heard at the 4/18/24 CCPC however, the hearing was continued to 5/2/24. Could you please post the attached Web Ad to the Collier Legal Notices as soon as possible and have them run through 5/4 please? Please let me know if you have any questions. Thank you for your assistance with this matter. Ailyn Padron Management Analyst I Zoning ColtOffice:239-252-5187 CY COUI (Du 2800 Horseshoe Dr. 0 x Tube Naples, Florida 34104 Ailyn.Padroncolliercountyfl.gov 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. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC)at 9:00 A.M. on May 2,2024, 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 NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY ADDING THE FIDDLER'S CREEK SECTION 29 DEVELOPMENT AREA AND AMENDING THE ALLOWABLE USES IN THE NEUTRAL LANDS WITHIN THE RURAL FRINGE MIXED USE DISTRICT, AGRICULTURAL/RURAL DESIGNATION, TO REMOVE DEVELOPMENT RESTRICTIONS ON SECTION 29 AND ALLOW 750 ADDITIONAL RESIDENTIAL DWELLING UNITS, 30% OF WHICH WILL BE RENT RESTRICTED AS AFFORDABLE,ON 49.91±ACRES OF PROPERTY LOCATED'/4 MILES SOUTH OF TAMIAMI TRAIL EAST (U.S. 41) AND 3/ MILES EAST OF AUTO RANCH ROAD, IN SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. IPL202100031111 S e4- Gte C T xtY- CL ix we m 4- r11)4h. m 0 o Project Mat_co--�`— Location ,,i y 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING DEVELOPMENT ORDER 84-3, AS AMENDED, FOR THE MARCO SHORES/FIDDLER'S CREEK DEVELOPMENT OF REGIONAL IMPACT, BY PROVIDING FOR SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER 84-3, AS AMENDED, TO ADD 750 MULTI-FAMILY DWELLING UNITS FOR A TOTAL OF 6,750 SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS; TO ADD CONVERSION OF SINGLE FAMILY DWELLING UNITS TO MULTI-FAMILY DWELLING UNITS; TO LIMIT THE NUMBER OF DWELLING UNITS OUTSIDE OF SECTION 29 TO 6,000; TO LIMIT THE ADDITIONAL 750 MULTI-FAMILY DWELLING UNITS TO SECTION 29 ONLY AND DISALLOW THEM FROM THE CONVERSION FORMULA; AND TO CORRECT A SCRIVENER'S ERROR; SECTION TWO: AMENDMENT TO EXHIBIT FC-A1,MASTER DEVELOPMENT PLAN,TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA AT COLLIER BOULEVARD AND FIDDLER'S CREEK PARKWAY BY REDESIGNATING A PORTION OF BUSINESS TRACT TO RESIDENTIAL TRACT AND A PORTION OF RESIDENTIAL TRACT TO BUSINESS TRACT; AND TO ADD RESIDENTIAL DEVELOPMENT AREA TO SECTION 29 BY REDESIGNATING A PORTION OF PARK TRACT TO RESIDENTIAL TRACT AND ADDING A PROJECT ENTRANCE; SECTION THREE: FINDINGS OF FACT; SECTION FOUR: CONCLUSIONS OF LAW; SECTION FIVE: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMERCE AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3,932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD(CR 951)AND SOUTH OF TAMIAMI TRAIL EAST(US 41) IN SECTIONS 11, 13, 14, 15, 22, 23 AND 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTIONS 18, 19 AND 29, TOWNSHIP 51 SOUTH,RANGE 27 EAST, IN COLLIER COUNTY, FLORIDA. [PL20210003115] AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 84-42,AS AMENDED,96-74,98-13,18-27,AND 2000- 84, THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT, TO INCREASE THE NUMBER OF DWELLING UNITS FROM 6,000 TO 6,750, BY ADDING 750 MULTI-FAMILY DWELLING UNITS WITH SOME AFFORDABLE HOUSING TO SECTION 29;TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA FROM 1,280 ACRES TO 1,330 ACRES; AND DECREASE PARK ACREAGE AND RECONFIGURE PRESERVE ACREAGE IN SECTION 29; TO PROVIDE FOR A CONVERSION FACTOR FOR SINGLE-FAMILY TO MULTI-FAMILY DWELLINGS EXCLUDING SECTION 29; TO CHANGE INTENSITY OF GROUP HOUSING FROM 26 UNITS PER ACRE TO A FLOOR AREA RATIO OF.60; TO ADD ADULT CONGREGATE LIVING FACILITIES AS A LAND USE TO THE RESIDENTIAL DISTRICT AND THE BUSINESS DISTRICT; TO REMOVE LAKES AND RECONFIGURE RESIDENTIAL AND BUSINESS TRACTS ALONG THE NORTH SIDE OF THE COLLIER BOULEVARD ENTRANCE; TO AMEND MASTER PLAN EXHIBIT FC-AI; PROVIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD (CR 951)AND SOUTH OF TAMIAMI TRAIL EAST(US 41) IN SECTIONS 11, 13, 14, 15,22,23, AND 24,TOWNSHIP 51 SOUTH,RANGE 26 EAST AND SECTIONS 18,19,AND 29,TOWNSHIP 51 SOUTH,RANGE 27 EAST,IN COLLIER COUNTY,FLORIDA. [PL20210003112] j r Project Loction O • ui), k eMare RD All interested parties are invited to appear and be heard. Copies of the proposed Ordinances &Resolution will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL 34112, one (1) week prior to the scheduled hearing. Written comments must be filed with the Zoning Division,prior to May 2,2024. 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 participate 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@colliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is 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. Collier County Planning Commission Edwin Fryer, Chairman Posted to notices.collierclerk.com on April 19,2024 eitalT COURT cr Ao Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel r" Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 Phone: (239) 252-2646 olth,k couNTY,��4 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Martha Vergara,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, Fiddler's Creek Petitions PL20210003111, PL20210003115, PL20210003112 (CCPC 05/02/2024) was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 04/19/2024 until 05/04/2024. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. •rYttitt•4/°"‘ fiant Signature) -eV (Affiant Printed Name) Sworn to and subscribe efore me this 05/07/2024 Crystal K. Kinzel Clerk of the Circuit Court& ,Comptroller . -T; eputy erk Sig ature) , . ( eputy-Clerk Printed Name) D to NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. on May 2,2024. 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 COMIIIISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-0.5, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY ADDING THE FIDDLER'S CREEK SECTION 29 DEVELOPMENT AREA AND AMENDING THE ALLOWABLE USES IN THE NEUTRAL LANDS WITHIN THE RURAL FRINGE MLNED USE DISTRICT, AGRICULTURAL/RURAL DESIGNATION, TO REMOVE DEVELOPMENT RESTRICTIONS ON SECTION 29 AND ALLOW 750 ADDITIONAL RESIDENTIAL DWELLING UNITS, 30% OF WHICH WILL BE RENT RESTRICTED AS AFFORDABLE,ON 49.91±ACRES OF PROPERTY LOCATED 3/4 MILES SOUTH OF TAMIAMI TRAIL EAST (U.S. 41) AND 3/4 MILES EAST OF AUTO RANCH ROAD, IN SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL20210003111] Gtee� -NNNNNN � T �,k0" o oc a� ; Project 4;,- / Location B A RESOLUTION OF THE BOARD OF COUNTY CONLMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING DEVELOPMENT ORDER 84-3, AS AMENDED, FOR THE MARCO SHORES/FIDDLER'S CREEK DEVELOPMENT OF REGIONAL IMPACT, BY PROVIDING FOR SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER 84-3,AS AMENDED, TO ADD 750 MULTI-FAMILY DWELLING UNITS FOR A TOTAL OF 6,750 SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS; TO ADD CONVERSION OF SINGLE FAMILY DWELLING UNITS TO MULTI-FAMILY DWELLING UNITS; TO LIMIT THE NUMBER OF DWELLING UNITS OUTSIDE OF SECTION 29 TO 6,000; TO LINIIT THE ADDITIONAL 750 MULTI-FAMILY DWELLING UNITS TO SECTION 29 ONLY AND DISALLOW THEM FROM THE CONVERSION FORMULA; AND TO CORRECT A SCRIVENER'S ERROR; SECTION TWO: AMENDMENT TO EXHIBIT FC.A1,MASTER DEVELOPMENT PLAN,TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA AT COLLIER BOULEVARD AND FIDDLER'S CREEK PARKWAY BY REDESIGNATING A PORTION OF BUSINESS TRACT TO RESIDENTIAL TRACT AND A PORTION OF RESIDENTIAL TRACT TO BUSINESS TRACT; AND TO ADD RESIDENTIAL DEVELOPMENT AREA TO SECTION 29 BY REDESIGNATING A PORTION OF PARK TRACT TO RESIDENTIAL TRACT AND ADDING A PROJECT ENTRANCE; SECTION THREE: FINDINGS OF FACT; SECTION FOUR: CONCLUSIONS OF LAW; SECTION FIVE: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO FLORIDA DEPARTMENT OF CONLMERCE AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3,932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD(CR 951) AND SOUTH OF TANIIAMI TRAIL EAST (US 41) IN SECTIONS 11, 13, 14, 15, 22, 23 AND 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTIONS 18, 19 AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, IN COLLIER COUNTY, FLORIDA. [PL20210003115] AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 84-42,AS AMENDED,96-74,98-13, 18-27,AND 2000- 84, THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT, TO INCREASE THE NUMBER OF DWELLING UNITS FROM 6,000 TO 6,750, BY ADDING 750 MULTI-FAMILY DWELLING UNITS WITH SOME AFFORDABLE HOUSING TO SECTION 29; TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA FROM 1,280 ACRES TO 1,330 ACRES; AND DECREASE PARK ACREAGE AND RECONFIGURE PRESERVE ACREAGE IN SECTION 29; TO PROVIDE FOR A CONVERSION FACTOR FOR SINGLE-FAIIIILY TO MULTI-FAMILY DWELLINGS EXCLUDING SECTION 29; TO CHANGE INTENSITY OF GROUP HOUSING FROM 26 UNITS PER ACRE TO A FLOOR AREA RATIO OF.60; TO ADD ADULT CONGREGATE LIVING FACILITIES AS A LAND USE TO THE RESIDENTIAL DISTRICT AND THE BUSINESS DISTRICT; TO REMOVE LAKES AND RECONFIGURE RESIDENTIAL AND BUSINESS TRACTS ALONG THE NORTH SIDE OF THE COLLIER BOULEVARD ENTRANCE; TO AMEND MASTER PLAN EXHIBIT FC-A1; PROVIDING FOR CONFLICT AND SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD (CR 9.51)AND SOUTH OF TA_IIIAMI TRAIL EAST (US 41)IN SECTIONS 11, 13, 14, 15, 22, 23, AND 24,TOWNSHIP 51 SOUTH,RANGE 26 EAST AND SECTIONS 18,19,AND 29,TOWNSHIP 51 SOUTH,RANGE 27 EAST,IN COLLIER COUNTY,FLORIDA. [PL20210003112] o Project —J Location CO • 04, • k eMario 1RD All interested parties are invited to appear and be heard. Copies of the proposed Ordinances & Resolution will be made available for inspection at the Collier County Clerk's office. fourth floor, Collier County Government Center, 3299 East Tamiami Trail. Suite 401, Naples, FL 34112. one (1) week prior to the scheduled hearing. Written comments must be filed with the Zoning Division.prior to May 2,2024. 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 eventlmeeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-countylvisitorsicalendar- 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 participate 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.Willigacolliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) will need a record of the proceedings pertaining thereto and therefore. may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is 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. 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Ct...) >cn � Mm ?D (�~ 0 (n r 2 m m 1:13 CD \ V 00Z j 0 -< 8 m -I O z _ ,D m m 0 m z0 2 O (:: p D Wanda Rodriguez From: Heidi Ashton Sent: Monday, April 22, 2024 9:29 AM To: Nancy Gundlach Cc: Jeff Klatzkow; Michael Bosi; Derek Perry Subject: Fiddlers Creek Addition- E-mail for 5-2-2024 backup Nancy, The issue presented by Planning Commissioner Klucik at the April 18, 2024 CCPC hearing is whether the developer/owner has complied with the second sentence of Section 5.5 of the PUD Document in Ordinance No. 1998- 13, which reads "For the Fiddler's Creek Addition, the non-exclusive easement shall comply with the Collier County Land Development Code Section 3.2.8.4.7.3 without qualification." Section 1.7 of the PUD document in Ordinance No. 1998-13 defines the Fiddler's Creek Addition as "the 690 acre previous addition to Fiddler's Creek in Section 13, Township 51 South, Range 26 East (herein "Section 13") and the 1385 acres in Sections 18, 19 and 29, Township 51 South Range 27 East." Staff advises me that the owner/developer is in compliance with Section 5.5 as to the Fiddler's Creek Addition: The platted portions of Fiddler's Creek include preserve dedications in accordance with Section 3.2.8.4.7.3., and for portions of the PUD that have not been platted, the preserve easement conveyances, if any, are not yet required. For your reference, Section 3.2.8.4.7.3 in 1998 is provided below: 3. Protected/Preserve Area and Easement*. A non-exclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all 'protected/pr+ea rve areas required to be designated on the preliminary lnd final subdivision plats. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary sad final subdivision plats shall have • a minimum twenty-five foot(25 )setback from the boundary of such protected/preserve area in which no principle starcturrr may be constructed. Further, the preliminary and final subdivision plats shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the Development Services Director; provided, in no event shall these activities be permitted in such setback area within ten feet(14')of the protected/preserve area boundary, unless the above setbacks are accomplished through buffering pursuant to Sec. 3.2.8.3.4. The boundaries of all required easements shall be dimensioned on the fusel subdivision Oat.Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right of way. No individual .residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, • state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the Growth Management Plan. All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easements)and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owner's association or similar entity with maintenance responsibilities.An applicant who wishes to set aside, dedicate • or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats may do so by grant or dedication without being bound by the provisions of this section. I-tei d i As lkto v-Cicl2,o 1 Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8773 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. 2 4eLgs 4-`7 From:Shindle, David B<david shindie@fws.gov> ;ent:Friday, February 3,2023 2:26 PM To:Tim Hall<TimPthanaples.com>;Onorato,Dave<dave.onorato@myfwc.com> Subject: Re: [EXTERNAL] Re: Request for a conference call re panther mitigation 1 Hey Tim- Apologize for the delay as I needed to get some input from FWC's Land Conservation and Planning folks to get a better understanding about the criteria they take into account when considering potential parcel acquisitions that would be managed under their jurisdiction (e.g., Florida Forever purchase for an addition to an existing WMA). After my discussions with those folks, many of the parcels I had identified that were important for panthers,would have had some challenges associated with taking on the land management responsibilities(and associated costs)of those properties. That said, I'll cut to the chase and provide the listing for the parcel that I could defend as being a conservation lift for the panther if it was acquired and donated to the State of Florida for FWC to manage. if you need me to provide input on the importance of this parcel for panthers, I can do that.Just let me know what kind of detail that you need. Figured it would be easier to at least get the discussion started with the actual parcel listing. httos://search.advantagehighlands.com/idx/details/listinR/d346/287727/17470-County-Road-731-Road-Venus-FL-33960 Land for sale in Venus, Florida, 287727 - Advantage Realty #1 120 Hunting acres along Fisheating Creek located in the middle of miles of wilderness ranch land/Wildlife sanctuaries.This 120 acres is positioned on a key game crossing near Fisheating Creek in Glades County, FL.The property has many hunting trails with game plots and hunting blinds throughout. One of the luxurious tree stands is even airconditioned.Well positioned tree stands and ground ... search.advantagehighlands.com David Shindle I Panther Coordinator U.S. Fish and Wildlife Service ! Florida Ecological Services Field Office 12085 SR 29 S, Immokalee, FL 34142 Desk 239-657-8013 I Cell 772-532-7293 david shindle@fws.gov 2 (= < AA I zillow.com X n + E, „1 Architectural Guidelines- Reser... ~ Login I Edward Jones ® V 17470 County Road 731, Venus,... — a wow Sign In d Save G> Share 000 More EN es-' 120 Acres 4, ay. . 17470 County Road 731, Venus, FL 33960 Sold °'' « : $1,500,000 Sold on 07/03/23 Zestimate°: None ' At � Est. refi payment: $9,925/mo 0 Refinance your loan Nit :; ! Home value Owner tools Home details Neighborhood details ..‘ Li Tap into your home's equity Zillow makes it your simple to explorecash-out refinance options. P P P ;7.. Start now Zillow Group Marketplace,Inc.NMLS#1303160 Home value .. ';' ....1 • • OO ~' . • We •don't have enough information to calculate a • O ;.., _`' =� ; ,, R' Zestimate for this home. °O° c;000n nn T.„„,,,,. Q 4- Zestimate ?--- 0 =_ AA I zillow.com X U + n Architectural Guidelines - Reser... = Login I Edward Jones © V 17470 County Road 731, Venus,... — -a Zillow Sign In d Save G!> Share 000 More c 120 Acres 4_ is- ' 17470 County Road 731, Venus, FL 33960 , �... . • Sold 4 . .. is ' "-� ter : $1,500,000 Sold on 07/03/23 Zestimate°: None ? i Est. refi payment: $9,925/mo 0 Refinance your loan ! " l' ' 1* , c- ..relvl k. , '' : .., Home value Owner tools Home details Neighborhood details e. n Tap into your home's equity .E?It„. Zillow makes it simple to explore your cash-out refinance options. Start now 07. Zillow Group Marketplace,Inc.NMLS#1303160 4 - Kt .. Home value . , '"y Z ..,_ frl,„ ..,.v..t..,,,,, ,, , 1 '.44). I.. We don't have enough information to calculate a • O 4:11,..", ti: .,.'y Zestimate for this home. ♦r ,' �, , �� 1. • O8 O ..ski n n ll 11 1 44-- (:)._,- Zestimate Hey Tim- Apologize for the delay as I needed to get some input from FWC's Land Conservation and Planning folks to get a better understanding about the criteria they take into account when considering potential parcel acquisitions that would be managed under their jurisdiction(e.g., Florida Forever purchase for an addition to an existing WMA). After my discussions with those folks, many of the parcels I had identified that were important for panthers,would have had some challenges associated with taking on the land management responsibilities(and associated costs)of those properties. That said,I'll cut to the chase and provide the listing for the parcel that I could defend as being a conservation lift for the panther if it was acquired and donated to the State of Florida for FWC to manage. If you need me to provide input on the importance of this parcel for panthers, I can do that.Just let me know what kind of detail that you need.Figured it would be easier to at least get the discussion started with the actual parcel listing. httos://search.advantaeehiehlands.cam/idx/details/listing/d346/287727/17470-County-Road-731-Road-Venus-FL-33960 Land for sale in Venus, Florida, 287727 - Advantage Realty #1 120 Hunting acres along Fisheating Creek located in the middle of miles of wilderness ranch land/Wildlife sanctuaries.This 120 acres is positioned on a key game crossing near Fisheating Creek in Glades County,FL The property has many hunting trails with game plots and hunting blinds throughout.One of the luxurious tree stands is even aircondiitioned_Well positioned tree stands and ground ... search.advantagehighlands.com David Shindle 1 Panther Coordinator U.S.Fish and Wildlife Service 1 Florida Ecological Services Field Office 12085 SR 29 S,Immokalee,FL 34142 Desk 239-657-80131 Cell 772-532-7293 I david shindle@fws.gov -421 2 1c From:Shindle,David B<david shindle@fws.Rov> ;ent:Friday, February 3,2023 2:26 PM To:Tim Hall<Tim@thanaples.com>; Onorato,Dave<dave.onorato@myfwc.com> Subject:Re:[EXTERNAL] Re: Request for a conference call re panther mitigation i SIGN POSTING INSTRUCTIONS Exhibit P-1 (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 THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT COD QN THE PARCEL COVERED IN PETITION NUMBER(S)PL20210003111, PL202100031 12 and PL20210003115 7JV 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 27 day of March . 2024, by Sharon Umpenhour as Senior Planning Technician for Q.Grady Minor& Associates,P.A.,personally known to me eiw#ie- preduced as ides and who did1did not take an oath. p tYANN scm J %ch/1 IV• 1 MycomMISSONi1.1�i8 l Sig at reofN,�,yPublic -+. . D�jimmy 2. Kimberly Ann Scher Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev.3/4/2015 s , .• • ' \. •: •.-•)...e. . -., w• -iiik • 'Or" --... - S- s Jo 11 , . . •• 1..••,.-',,.. 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AV ♦b.101..-1'-00 A M I'...t MAY 21.101•4 -1'.00/►M LOLL IfF.rt ' . -, TL\MI/\(vt1 l/�!♦,. ••..{'7{=l.('�OFZ,NAP\\ . ANt � y• • • kip-'�"?y:49441Ai �'•r„ `( �„� �Z• f ,•'l , - .y. 't .• ,(,% : • 4' r Exhibit P-3 Sunday • Apr 14, 2024 • 10:29AM Adjust IMG_6522 Apple 'Phone 14 Pro Main Camera 24 mm f 1 .78 12 MP • 4032 x 3024 • 7MB ISO 80 24 mm 0 ev f1 .78 1/3058 s Add a location... ' I;041 ii,- .4 -1!'"-...... : - q BEACH BOATING G i •' . t ,: , ,F, PUBLIC HEARING NOTICE irc,• FIDDLER'S CREEK SECTION 29 GMPA. FIDDLERS CREED: ar i PLANNED UNIT DEVELOPMENT AMENDMENT AND FIDDLERS, ' "' s �f. CREEK DEVELOPMENT OF REGIONAL IMPACT AMENDMENT PETITION NUMBERS:PL20210003111; PL20210003112: AND PL20210003115 -•- - CCPC: APRIL 18.2024-9:00 A.M. iiiiilleV BCC: MAY 28,2024-9:00 A.M. COLLIER COUNTY GOVERNMENT CENTER.3299 TAMIAMI TRAIL EAST. 3RD FLOOR, NAPLES.FL 34112 JAMES SABO 239-252-2708 LAURA DEJOHN 239-252-5587 AND NANCY GUNDLACH 239-252-2484 r Exhibit P-4 Tuesday • Apr 16, 2024 6�03 PM Adjust c__\- IMG_0352 Apple iPhone 15 Pro Main Camera 24 mm f1 . 78 24 MP • 5712 x 4284 • 5.3 M B IS080 24mm 0ev f 1 .78 1 /10417s Add a location... 00 i ii J..i a w . .h ilfi Lu-uJhi } 1 9 " Q a� $ .c m w Oz J a a a V U b .. W tl in Q ! • r1D EI1010! - aI. I ** L A OS C ' g 1, 1 DIU , IL-- . (-3 ..,ALIm". - LI • N O _ �• 4,44 WW 'N u FT ` �Y A�J` Ct C u - r Pi NO ,...1 I^l w w ji i� !, a.) / ._ 4-4 VD ih (-- , ,, . I I/ 8 li 2 : '44111""", I, , iekl: fl. 441.111.1% tirlio(11. ' :: 1 1 al 77: ..� i - ter - ` . Cl) ., r ,. 46f , C) • ismi ''''". 1 --r- r.-7 .\...4 . WO Eill ill �- 1 N N U tUj Q . LL EXHIBIT 1 -C From:Carey,Robert L Sent:Friday,October 28,2022 11:30 AM To:Zinszer,Shawn H CA/USARMY CESAJ(US)<Shawn.H.Zinszer@usace army.mil>;11111111111 111111111111111111111111111> Cc:Mcdona'd,Kenneth<kenneth_rncdonald@fws.gov>:Williams,Larry 0 <larry_williams@fws.gov>;Basili,Gianfranco D<gianfranco basili@fws.gov> Subject:Fiddler's Creek project-file number SAJ-2015 and U.S.Fish and Wildlife Service(Service) project number 2022-0067532 Dear Shawn and , Attached please find a letter describing the Service's position regarding this project. Please let me know if you have any questions or would like to arrange a time to discuss this matter in more detail. We are currently in receipt of your request to reinitiate consultation on this project but will defer work on that request until we have a better understanding of the process the USACE will follow to remedy the non-compliance issues. Thank you. Robert L.Carey Manager.Division of Environmental Review Florida Ecological Services Field Office C.S.Fish and Wildlife Service Gainesville.Flonda (530)340-2496 Cell (Currently teieworltng due to Covid 19 pandemic-please use this number) MD This entail correspondence and any attachments to andiron this sender is subject to the Freedom of Information Act!FOLN)and nit'be disclosed to third parties. EXHIBIT 1 -D s- .rofio• ry aillt1/wai, -*%s I.'nited States Department cif the interior ...,N� iii FISH AND WILDLIFE SERVICE y41'cH, .,e` 5011 Florida Ecological Services Field Office October 28. 2022 Mr.Shawn H. Zirszer U.S.Army Coips of Eugiueeis P.O.Box 4970 Jacksonville.Florida 32232-0019 Service Consultation Code: 2022-0067532 Corps Application Number: SAJ-20 1 5-008 5 3 Date Received: July 22. 2022 Project: Fiddler's Creek Estaucia County. Collier Dear Mr. Zinszer. On October 13, 2022,during a virtual meeting between you,Larry Williams. and myself.we discussed the non-compliance with the terns and conditions included in the 2017 biological opinion for the Fiddler's Creek project in Collier County Florida(file number SAJ-2015-00853 and U.S.Fish and Wildlife Service(Service)project number 2022-0067532). The biological opinion also contained an incidental take statement that exempted the take of bomureted bats and Florida panthers on the condition that the Corps and its applicant would implement the tetras and conditions of the biological opinion Several of the terms and conditions were not adhered to. Duumg the Service's consultation with the Corps in 2017 under Section 7 of the Endaurtered Species Act(ESA. we determined that to mitigate for the impacts to Florida panthers and Florida bonneted bats, the per:mitwe would place approximately 600 acres identified as--Sesction 29"under a perpetual conservation easement and to manage that property in perpetuity to benefit panthers and provide an important linkage to other areas known to be used by panthers for foraging,dispersal and reproduction These terns and conditions were attached to the permit as enforceable standards. However.the easement was never executed,and the pcliinttee now wishes to revise the permit and pi rchme Panther Habitat Units(PHUs)from an approved panther conservation bank rather than place the property render easement. it a letter from the Cotes signed by Mr. (Enforcement:Compliance Project Manager)dated September 26.2022. t Corps requested the Service reinitiate consultation under Section 7 of the ESA for the purpose of addressing the issues of non-compliance. The peniaittee is now further refit esting that 50 acres of the omigitiallL identified 600 acres be exempt from the requirement to place the property under easement so that addition development can occur on that site. The Service fend.,that revising the biological opinion is not in the best interest of the conservation of Florida panthers. Not only was the previously agreed upon mitigation never completed.but additional development on this property would cause the habitat for panthers in this ate♦to become mote 6atinieuted and create additional adverse impacts to panthers The 7,41 'OAT•AtaCl\-5\vtil,i2N, i6C4B1i.A.7't.v',F":ur 1334:Cfm 'ITIE: j.1.CE._v�\Z?t t F FL 32.256 P. N.'L ti C1T'f.FL 3:.40 5 'DER:BEACH FL 3:460 904.-31 333b 350-7c��0i5: _5b_3909 Page Service believes it is important that the originally agreed upon terms and conditions in the 2017 biological opinion be implemented. that a conservation easement be placed on this property,and that the property be managed to ensure it remains functional panther habitat. The Service believes it is important that the Corps issue a notice of non-compliance to the penuittee and that the original terms and conditions of the 2017 biological opinion are adhered to. Please let me know if you have any questions or wish to discuss this matter further. Thank you very much. Sincerely. ROBERT Digitally � BR EY CAREY Dat:2022.102811:Q8:40 Robert L. Carey Manager.Division of Environmental Review Florida Ecological Services Field Office Cc: Mr._ (via electronic mail) umai -upaate on, ecuon z i aocuments attacnea) nttps:ama11.google.com/marl/u/U/!ik=J25U964c49d&view=pt&search=a... Exhibit 2-A 4 rn a John Erario<john.a.erario@gmail.com> Update on Section 29 (3 documents attached) 1 message John Erario<john.a.erario@gmail.com> Thu,Jun 8, 2023 at 6:47 PM To: Derek.Perry@colliercountyfl.gov Cc: Christine Koren<ckoren18553@gmaiLcom>, Sue Caglioti<suecaglioti@gmail.com> Hi Derek and as always thanks for our conversation today. As we discussed,please find attached 3 documents. One is the Minutes of the BCC public hearing held on 2/24/98 which contains specific references to commitments made by Fiddler's Creek to maintain Section 29 as a preserve with no future residential development contemplated. Looking ahead to a future BCC public hearing with regard to the present FCC application, I would ask you to evaluate this document for its relevance. We believe that the intent and commitment of both the County and the developer is clearly evidenced in the 2 paragraphs on page 9 highlighted in red. Here is very specific language stating that Section 29 shall be removed from the land inventory available for future development or urbanization. Unlike our objections to FCC being out of compliance with federal permit requirements related to the 2017 Oyster Harbor/Estancia projects, this is a County document which should have direct bearing on the applicant's request to rezone this parcel for development. The second attachment is a letter from our attorney Gary Oldehoff sent on 5/8/23 to Amy Patterson,James French, Sarah Harrington-Riccio and all 5 County Commissioners. It is notable that the letter was sent one month ago and to date we have not gotten a response from any of the recipients. And the third is a well-written comprehensive history of Section 29 from 1998 to the present written by an attorney who is a member of our neighborhood opposition group. The focus of the document is to illustrate how this parcel has been used by FCC for 25 years as a strategic bargaining chip over and over to obtain County land development approvals, while repeatedly breaching the terms of the agreements they made in exchange for getting those approvals. We appreciate your review and follow-up. Thanks&be well, John Erario & Sue Caglioti 917.612.8117 518.231.8030 18481 Royal Hammock Blvd Naples, FL 34114 3 attachments Ltr to Patterson et al 5-8-23 re Conservation Easements-Fiddler's Creek.pdf 523K mil BCC Minutes 02_24_1998 R-with highlights.pdf -1 1026K 4,1 RPGE-History of Section 29.pdf 2718K 1 of 1 4/24/2024,7:04 PM UMW!-Jectlull L7 uoeuTuenls auacneu for review tti&A.„L/L4/'J N1muT... nttps://mall.googte.com/mawu/u/t1K=J6u9o4c49c1&vlew=pt&search=a... Exhibit 2-B % '. GmaitJohn Erario<john.a.erario@gmail.com> Section 29 documents attached for review (BCC 2/24/98 Minutes and Oldehoff 5/8/23 letter to County officials) 1 message John Erario<john.a.erario@gmail.com> Thu,Jun 8,2023 at 2:47 PM To: HansenRachel <Rachel.Hansen@colliercountyfl.gov> Cc: Sue Caglioti <suecaglioti@gmail.com>, Christine Koren <ckoren18553@gmail.com> Hi Rachel and as always thanks for our conversation today. As we discussed, please find attached 2 documents. One is the Minutes of the BCC public hearing held on 2/24/98 which contains specific references to commitments made by Fiddler's Creek to maintain Section 29 as a preserve with no future residential development contemplated. In developing a final recommendation to the BCC with regard to the present FCC application, I would ask you to alert staff reviewers to this document and for the Planners to strongly consider the intent and commitment of both the County and the developer evidenced in the 2 paragraphs on page 9 highlighted in red. Here is very specific language stating that Section 29 shall be removed from the land inventory available for future development or urbanization. Unlike our objections to FCC being out of compliance with federal permit requirements related to the 2017 Oyster Harbor/Estancia projects,this is a County document which should have direct bearing on the applicant's request to rezone this parcel for development. The second attachment is a letter from our attorney Gary Oldehoff sent on 5/8/23 to Amy Patterson,James French, Sarah Harrington-Riccio and all 5 County Commissioners. It is notable that the letter was sent one month ago and to date we have not gotten a response from any of the recipients. We appreciate your review and follow-up. Thanks& be well, John & Sue 917.612.8117 518.231.8030 2 attachments ..� BCC Minutes 02_24_1998 R-with highlights.pdf 1026K .,� Ltr to Patterson et al 5-8-23 re Conservation Easements-Fiddler's Creek.pdf 523K 1 of 1 4/24/2024,7:06 PM . _ 1 1:11 9. (so? 2,P5D. = ”..1 fa 0 CI A31 I',v.. --• 0 :;r.;. --I "a" ......> cn c- K = re. t%) - .,. A- :-. a 1 1 °Air.1 = ...J xi a) ig rt) g .,:, ,:.- !'i; -I i- ;-:-di, vit .7.. ib. x 6' = co - 5 Fo" E. o' .., r. pk- Pr -I I= '..1 ,..... co 0 Z- t a 0 0 C2- a,— CD '2. 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ZS H 3 Lk.) ....- I a) g , , cu co Pp 5J 0 \ ,4040041.. _ ., • , . .. _ ... 0.. . ce '. w- 0 1 . . „.., ,..i. 2 it . - ...., i I SD 1"3 - ....6 '4e1X-4*. a I . - , - If EXHIBIT 5 April 18th CCPC hearing— timestamp notes 1. Mr. Yovanovitch (45:20) stated — "In 1998 Section 29 was added to the PUD and during the hearing the developer at that time said we're not gonna put residential units on Section 29. No question — that's what the developer's intentions were at the time". 2. Chairman Fryer (48:30) asked Mr. Yovanovitch for clarity quoting from the transcript of the 9/6/23 NIM, where a speaker read the following portion of the 1998 transcript: "our commitment today is to provide a conservation easement or a deed, whichever they wish, but yes, it is in perpetuity" .... you're saying that was NOT in reference to Section 29. Mr. Yovanovitcvh responds — "No, it was". 3. Mr. Arnold (1:45:40) stated that a density of 15 units per acre in Section 29 is not out of character with the surrounding area, a neighborhood of 1-story single- family homes on 1/3 acre tracts: "I'd argue that it's not really <out of character> because as Rich mentioned to the northeast you're going to have a town, it's going to have a lot of density ... ". 4. Mr. Arnold (1:46:40) stated in response to a question about Section 29 touching corners with Fiddler's Creek proper "There are some provisions for non- contiguity separated by a road, and I think we have another example where they touched corners but obviously this is part of Fiddler's Creek". 5. Mr. Arnold (1:48:45) was asked to estimate the traveling distance from the middle of where the apartments will be located out to Rte 41 along Auto Ranch. His response was "about a mile and a half'. 6. Mr. Arnold (1:49:50) showed some representative pictures from a "photo point" in the Royal Palm neighborhood. 7. Mr. (Jim) Banks (2:40:40) presented a report illustrating 6-year historical crash data for the intersection of Auto Ranch Road and Rte 41. 8. Mr. (Tim) Hall (2:48:45) referred to the wildlife value of Section 29 as "at the lower end of the scale". 9. Mr. Hall (2:51:00) when asked about telemetry data on the map provided with the 1/31/24 USFWS letter stated: "I believe the document you're looking at shows all of the recorded radio-telemetry data points from 1989 till now. So it's over the course of however long that is ... 35 years ... multiple cats at different times". 10. Mr. Hall (2:57:20) stated: "We've been technically non-compliant with the permits but we have been in coordination with FWS so that that was not a hidden non-compliance — they were fully aware of what we were doing and what we were trying to do for the entire timeframe that we've been working on this". Regarding the 9/6/23 NIM, he was asked about modification of the Nov 2022 Covenants: "You're saying that the USFWS has approved this modification of their B.O"? And his response was: "They have said that they were not in favor of the amendments that were being proposed, but that the project is still under review". 11. Mr. Hall (3:01:00) was asked: "What was your understanding of whether the whole or a part of Section 29 was to be included in those commitments <the filing of the 2017 conservation easement>"? Mr. Hall's response: "The commitment was for the entire portion of Section 29". 12. Mr. Hall (3:09:10) was asked about non-compliance with the Biological Opinion and to discuss why the required easement on Section 29 was still not filed in July 2022. Mr. Hall stated: "They <the Service> requested that we do a compliance analysis or compliance check to see what was or was not done with respect to the permitting ... we told them that, no, the easements had not been filed yet ... they hadn't been filed because we had been in discussions to change this area and to my mind it made no sense to put a conservation easement on the property and then take it off 13. Mr. Hall (3:11:40) was asked to comment on an exchange with a neighbor at the 9/6/23 NIM: "Now I know that Tim just said those Conservation Covenants were filed ... they're on record in Collier County in Nov of 2022. But for 5 years they were not filed, I'd like to know why". Mr. Arnold responded: "I don't know the history of that Tim —you may know. I would say it's probably simply because development didn't ensue during that 5 year period <from 2017 to 2022> ". 14. Mr. Hall (3:20:50) was asked about the non-filing of the easement in 2018: "You went ahead with that development <Oyster Harbor/Estancia> and you're saying you were in communication with USFWS the whole time and they never required that easement and never asked you to record it"? Tim answered: "Yes, they understood that it had not been recorded". 15. Mr. Yovanovitch (starting at 3:40:30) made a plethora of miscellaneous representations covering the 7-year time period from 2017 to the present including: " ... we've been totally above board with every agency ... we were not hiding the ball from anybody ... we weren 't saying screw you, catch us ... let's put the restriction in there first and let's talk about whether or not we can modify that restriction ... we had this permit — do you want me to record it, then unrecord it— that's what we were doing but the thing we didn 't do is record it, it becomes messy, and then amend it ... eventually they said record something, so we recorded it ...first of all we didn't have to put all 600 acres into mitigation, in hindsight we should have just bought the PHUs but we didn't buy the PHUs ... we're talking through this process and if they ultimately say no I don't build the project. " 16. Mr. Yovanovitch (4:20:30), with regard to the 1/31/24 USFWS "Modification Inability" letter to Turrell Hall which stated we are unable to process the modification you requested, stated: "it was premature— the wrong process —you need to bring a different permit— it was the wrong time to ask for the request. " EXHIBIT 6 Gmail John Erario<john.a.erario@agmaii,com> Re: [EXTERNAL] URGENT- questions regarding Biological Opinion conservation easement 1 message Carey, Robert L <robert_carey@fws.gov> Wed. May 1.2024 at 4.04 PM To John Erario<john.a.erario@gmail.com> Hello John, I have no indication that the Service had an agreement with the permit holder to delay meeting the terms and conditions of the BO. For your second question,it would be our policy that the Terms and Conditions in the BO were implemented as written or that the applicant would request re-initiation of consultation. Thank you. Robert L.Carey Manager,Division of Environmental Review Florida Ecological Services Field Office U.S.Fish and Wildlife Service Gainesville.Florida (530)340-2496 Cell NOTE:This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act(FON)and may be disclosed to third parties. From:John Erario<john.a.erario@gmail.com> Sent:Wednesday,May 1,2024 2:48 PM To:Carey,Robert L<robert_carey@fws.gov> Subject: [EXTERNAL] URGENT-questions regarding Biological Opinion conservation easement This email has been received from outside of DOI -Use caution before clicking on links,opening attachments,or responding. From:John Erario<john.a.erario@gmail.com> Sent:Wednesday,May 1,2024 2:48 PM To:Carey,Robert L<robert_carey@:ws.gov> Subject: [EXTERNAL] URGENT-questions regarding Biological Opinion conservation easement This email has been received from outside of DOI -Use caution before clicking on links,opening attachments,or responding, Hi Bob. We have 2 very specific questions regarding comments made at the Collier County Planning Commission hearing on April 18th 2024. To the best of your knowledge,did the Service have an agreement with the permit holder to suspend or delay the requirement for the creation of the Conservation Easement on Sections 19 and 29, as mandated by the Biological Opinion, at any time prior to the notice of non- compliance sent to the applicant in 2022? Secondly,to the best of your knowledge. is it a policy of the Service to allow a permit holder such a pause or reprieve from a condition of the terms and conditions of a federal permit? If you can possibly provide us with a response by the end of the day, it would be greatly appreciated. Thanks, John&Sue Virus-free.www.avg.com AFFORDABLE HOUSING DISTRICT 1 , * APPROVED PROJECTS Henderson Creek (PL20230007470) 160 units Majestic 109 units * TOTAL: 269 AFFORDABLE HOUSING DISTRICT 1 , PROPOSED PROJECTS (in various states of approval) Greenway Fritchey (PL 2022000261/3) 564 units* East Trail Mixed Use PUD (PL 20230008640/43) 64 units Tamiami Trail (PL 20230007470) 120 units Elantro @Naples Reserve PUD 62 units TOTAL: 810 *Indicates Habitat for Humanity units TOTAL POTENT/AL FOR AFFORDABLE HOUSING IN DISTRICT I, East of Collier Blvd, off of US 41 : 2585 units AFFORDABLE HOUSING DISTRICT 1 =- 6A- n1' Per Collier County Growth Management Division CURRENT UNITS: Saddlebrook Village 140 units Santa Barbara/Whitaker 43 units College Park 210 units Carmen Drive48 units Whistlers Cove 240 units Crest Apts/Vencentian PUD 50 units Victoria Falls 110 units Dockside 44 units Trail Ridge 204 units* Regal Acres 295 units* Charlee Estates 122* *Habitat for Humanity Projects TOTAL: 1506 • CL7 °N. O D O rD rn • • CI fD Uni \ n . . 1..-i O -p Q1 O ii ik rD I x • r; 1 t ' }, v , Lo i11' 1 '� `. ` 'mil mommLy 1 ` ' '''`,) '\.1 1 I, 1 ' i 1 k. �4r " Trescott Planning Solutions, LLC Urban and Regional Planning - r. - 11 __ I i ♦ � 44 -rjif 1 • 421 Norwood Court•Fort Myers,Florida 33919 Cell 239-850-7163 •Office 239-433-4067 Email:trescottplanningsolutions'agmail.com April 17, 2024 John Erario 18481 Royal Hammock Blvd Naples, FL 34114 RE: Hurricane Storm Surge and Evacuation Impact Analysis for Fiddler's Creek Development of Regional Impact and Comprehensive Plan, PUD and DRI Amendments to add 750 Multi-family Units,30% reserved for affordable house in Section 29 Collier County Dear Mr. Erario: The Coastal High Hazard Area(CHHA) definition is found in Florida Statutes 163.3178(2)(h)and is as follows. "Designation of coastal high-hazard areas and the criteria for mitigation for a comprehensive plan amendment in a coastal high-hazard area as defined in subsection (8). The coastal high-hazard area is the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Application of mitigation and the application of development and redevelopment policies, pursuant to s. 380.27(2), and any rules adopted thereunder, shall be at the discretion of local government." The Category 1 Storm Surge Zone is shown in red on Attachment I and II and is the area within the CHHA where the project road access at the end of Auto Ranch Road and Section 29 are located. This Collier County Storm Surge map is based on the most current 2017 South Florida Sea, Lake and Overland Surges from Hurricanes (SLOSH) model. Attachment III shows the Collier County Evacuation Zones. All the Property is shown in red Zone A from the Disaster Preparedness Maps on the State Division of Emergency Management website. According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) #12021 C0620H Panel 620 and #12021 C0640H Panel 640, both effective May 16, 2012 (Attachment IV), all the Property is within the 100-year floodplain Zone AE Elevation 6 feet. This elevation is above mean sea level based on the National American Vertical Datum(NAVD) 1988. To meet the FEMA 100-year floodplain requirement, it is anticipated the multistory residential buildings will be at a finished first floor residential unit elevation height of 6 feet above sea level. The potential storm tide heights for the Property based on the most recent SLOSH model are shown 1 Category 3 and above storms will cause wind damage to roofs which can further damage all the units in a building. Because the entire development site is in the lowest tropical storm and Category 1 hurricane storm tide zone it is subject to ever increasing hurricane storm tide heights in the future due to long-term sea-level rise caused by accelerating climate change and more hurricane days. The CHHA is the area that will receive the most frequent hurricane storm surge flooding because there are many more minor storms produced in the atmosphere than major hurricanes in any given year. According to National Hurricane Center records there has been an increase in the number of hurricanes since the start of the 20th century and more rapid intensification in a short time,which is problematic for safe evacuation as the times to evacuate get longer. Hurricanes are in fact atmospheric redistribution of heat around the planet. Unless there is a major public expenditure to hold back the sea, based on various sea level rise studies, the shoreline will likely in the next 100 years be within the CHHA Category 1 storm surge area as shown in Attachment 1. As sea level rises the project site is likely to become harder to keep dry as drainage will be slower and slower particularly at high tides. The remote location, low elevation of Section 29 and the access road through wetland makes it particularly vulnerable to hurricane storm surge flooding damage. The access road and water/sewer lines will likely be damaged by cuts in the road that exacerbate recovery operations to the developed area. Workforce housing will be used by people that are less likely to evacuate due to not being able to afford the relocation cost short term during an evacuation or long-term cost if the building is damaged. The residents of these units will also be more likely to use public shelters in Collier County which has a deficit of 19,979 spaces according to the Florida Division of Emergency Management 2021 Florida Shelter Retrofit Report. The 750 multifamily units with an 85% occupancy rate and 21% going to public shelter will increase the shelter deficit by 134 spaces. It is unclear how an applicant contribution of 480 general population cots, 84 Persons with Special Needs (PSN) cots, and one 45kw (minimum-kw)- towable generator mitigates the shelter impact of the project or reduces the county deficit if there is no designated shelter to put this contribution to use. "F.S. Chapter 163.3178(8)(a) A proposed comprehensive plan amendment shall be found in compliance with state coastal high-hazard provisions if 1. The adopted level of service for out-of-county hurricane evacuation is maintained for a category 5 storm event as measured on the Saffir-Simpson scale; or 2. A 12-hour evacuation time to shelter is maintained for a category 5 storm event as measured on the Saffir-Simpson scale and shelter space reasonably expected to accommodate the residents of the development contemplated by a proposed comprehensive plan amendment is available: or 3. Appropriate mitigation is provided that will satisfy subparagraph 1. or subparagraph 2. Appropriate mitigation shall include, without limitation, payment of money, contribution of land, and construction of hurricane shelters and transportation facilities. Required mitigation may not exceed the amount required for a developer to accommodate impacts reasonably attributable to development. A local government and a developer shall enter into a binding agreement to memorialize the mitigation plan. " 3 COMPREHENSIVE PLAN, LAND DEVELOPMENT CODE AND DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER CONSISTENCY ANALYSIS Capital Improvement Goal: To Provide Adequate Public Facilities Concurrent with New Development in Order to Achieve and Maintain or Exceed Adopted Standards for Level of Service. Hurricane evacuation routes and public hurricane shelters are public facilities and services that are currently significantly deficient in protecting human life from natural disasters(hurricanes) and will be further degraded from the impacts of the proposed project. The 72-hour evacuation clearance time is well above the 16-hour LOS and there is a shortage of 19,979 shelter space during a Category 5 evacuation. NOT ADDRESSED THEREFORE NOT CONSISTENT. Goal 12: TO MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. Objective 12.1: Maintain hurricane evacuation clearance times as required by state law. Policy 12.1.2:Land Use changes require appropriate mitigation to reduce the impacts of hurricane evacuation times. The 750 proposed project units will create an additional 701 vehicles to evacuate out of the county. These added vehicles will increase the 72 hours out of county clearance time by 16.8 minutes and increase the public shelter demand/deficit by 134 spaces. It is unclear how an applicant contribution of 480 general population cots, 84 Persons with Special Needs (PSN) cots, and one 45kw(minimum-kw)- towable generator mitigates the evacuation time increase, the shelter impact of the project or reduces the county deficit if there is no designated shelter to put this contribution to use. NOT CONSISTENT WITH GMP and is contrary to public health and safety interests. The proposed project has not met the requirement of Florida Statutes Chapter 163.3178(8)(a). Land Development Code (LDC): Sec. 3.03.05 - Sea Level Rise: 6-inch rise NOT ADDRESSED THEREFORE NOT CONSISTENT. Sec. 106-34.—Findings(12): At the time of adoption of the growth management plan, the board of county commissioners recognized the need to balance evacuation capability and the at-risk population in the hurricane vulnerability zones in the county by limiting or reducing the maximum permitted densities in those zones to ensure that the population at risk in those zones of high risk could safely evacuate during the time of a hurricane event. Project hurricane impacts did not balance evacuation capability and the at-risk population in the hurricane vulnerability zones. Collier county has high densities already in the CHHA with a 72-hour out of county evacuation clearance time and a 68-hour clearance time to shelter during Category 5/Level E. Adding more units increases the evacuation time and shelter deficit and is not consistent with the GPM and LDC as proposed. 5 a motion,and a second,and vote, to recommend that the Board of County Commissioners NOT TRANSMIT the proposed plan amendment to the State DEO". If you have any questions or need additional information, please let me know. Sincerely, Daniel L. Trescott, MSP President • ` 436°0°" E r 37 38 39 440 !. . 9 t 135 '. 136 E ,I I , a80 k. I El sfit lift .. — ,�. �' Sllur le .. (6 il . 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I N }CO `r Z CD 0 z W U H H 7 EQ*f ro P, &sJ1*-r-Iojr PARAA-Z. 2-4 From:Carey, Robert L<robert_carey@fws.gov> EXHIBIT 1 -A Sent:Friday,August 5,2022 10:35 AM To:Rivera,Jose 1<jose_rivera@fws.gov>;Policarpo,John N CIV USARMY CESAJ(USA.] <John.N.Policarpo@usace_army.mil> Cc: ®■II�II�I� ) > Subject:[URL Verdict:Unknown][Non-DoD Source]Re:[EXTERNAL]Florida Wildlife Federation Opposition to Modifying Existing Biological Opinion-Fiddler's Creek Hello everyone, We discussed this issue yesterday on our bi-monthly call between the Service and the Corps. The permittee has requested that we revise the BO and change the mitigation for panthers (allowing additional development on a parcel that was to be preserved under an easement). The Service believes we cannot revise the BO based on the permittee's request because we consulted with,and issued the BO to the Corps. The Corps would need to request the revision as we understand it. We have not responded to the permittee yet but will likely do so within the next 7-14 days. We do have several concerns regarding compliance with the Terms and Conditions in the BO which required the conservation easement be in place prior to construction and that a Service approved management plan be in place ensuring the identified parcels would be managed to improve habitat conditions in perpetuity. There is strong local interest in this project and local residents have expressed concerns as noted in the email to Larry Williams below. The Service would like to know if the Corps intends to investigate the compliance issues and is interested in requesting a revision to the BO. The permit expires on September 26,2022. Thank you. Robert L.Carey Manager.Division of Environmental Review Florida Ecological Services Field Office U.S.Fish and Wildlife Service Gainesville.Florida (530)340-2496 Cell (Currently teleworinng due to Co id 19 pandemic -please use this number .VOTE:This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act(FOL4)and may be disclosed to third parties. EXHIBIT 1 -B From: i ,)e'i UV.LARRY CE5A J�A To: grey Ro* :"y~;A;: t4.a Cc: J Subject RE:LE'TERNAL ,.""...* ation:motion tc a1c ; Eisfirg 90 ' ' <3n-ma's Cteek Date: Thu,sday.Aagust tl,202 7:26:53 AM Attachments: t:froge001,reg Good Morning Robert, As of right now,no one has approached us about modifying the permit. however,this area is in assumed waters and if they are dung new work r wetlands/waters,they will need to get a State 404 permit from FDEP. do not know the state of como arse on the permit,so I will defer toll on that aspect. Thanks John Please note that due to situational telework,it is best to get in touch with me through the cell phone number below. John N.Policarpo Section Chief,Fort Myers Field Office US Army Corps of Engineers;Jac.scnvi`ie District Cell Phone:239-922.3883 EXHIBIT 1 -C From:Carey,Robert L Sent:Friday,October 28,2022 11:30 AM To:Zinszer,Shawn H CIV USARMY CESAJ(US)<Shawn.H.Zinszer@usace army.mik111111111111 11111111111111111111111111> Cc:Mcdonaid,Kenneth<kenneth_mcdonald@fws gov>;Williams,Larry 0 <iarry_williams@fws.gov>;Basili,Gianfranco 0<gianfranco_basili@fws.gov> Subject:Fiddler's Creek project-file number SAJ-2015 and U.S.Fish and Wildlife Service(Service) project number 2022-0067532 Dear Shawn and Attached please find a letter describing the Service's position regarding this project. Please let me know if you have any questions or would like to arrange a time to discuss this matter in more detail. We are currently in receipt of your request to reinitiate consultation on this project but will defer work on that request until we have a better understanding of the process the USACE will follow to remedy the non-compliance issues. Thank you. Robert L.Carey Manager.Division of Environmental Review Florida Ecological Services Field Office U.S.Fish and Wildlife Sennce Gainesville.Flonda (530)340-2496 Cell (Currently teleworksng due to Cos-id 19 pandemic-please use this number) NOTE:This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act I1OL4i and m be disdased to third parties. EXHIBIT 1 -D �` WU -_�'`k�Ps United States Department of the Interior '. :; •F� P 1`'^ i""'" s FISH AM)WILDLIFE SE R\1CI.: �' le 1 lqcH ,°'� 1 londa Ecological Services Field Office `-ss.' '.:4) October 28. 2022 Mi. Shawn H. Zinszer U.S.Ann} Corps of Engineers P.O. Box 4970 Jacksonville,Florida 32232-0019 Service Consultation Code: 2022-0067532 Corps Application Number: SAJ-20I5-00853 Date Received July 22. 2022 Project: Fiddler's Creek Estancia County: Collier Dear Mr. Zinszer. On October 13. 2022,during a virtual meeting between you,Larry Williams. and myself we discussed the non-compliance with the terms and conditions included in the 2017 biological opinion for the Fiddler's Creek project in Collier County Florida(file number S AJ-_2015-00853 and U.S.Fish and Wildlife Service(Service)project number 2022-0067532). the biological opinion also contained an incidental take statement that exempted the take of bonneted bats and Florida panthers on the condition that the Corps and its applicant would implement the terms and conditions of the biological opinion Several of the terms and conditions were not adhered to. Dtn-rug the Service's consultation with the Corps in 2017 under Section 7 of the Endangered Species Act(ESA), we deteumned that to mitigate for the impacts to Florida panthers and Florida bonneted bats, the perurittce would place approximately 600 acres identified as..Section 29" under a perpetual conservation easement and to manage that property in perpetuity to benefit panthers and provide an important linkage to other areas known to be used by panthers for foraging,dispersal and reproduction These terns and conditions were attached to the permit as enforceable standards. However.the easement was never executed,and the petinittee now wishes to revise the permit and purchase Panther Habitat Units(PHUs)from an approved panther conservation bank rather than place the property tinder easement. by a letter front the Corps signed by Mr. (Enforcement Comupliance Project Manager)dated September 26.2022. t Corps requested the Service reinitiate consultation under Section 7 of the ESA for the purpose of addressing the issues of non-compliance, The pemnuttee is now further requesting that 50 acres of the originally identified 600 acres be exempt front the requirement to place the property under easement so that addition development can occur on that site. The Service finds that revising the biological opinion is not in the test interest of the conservation of Florida panthers. Not only was the previously agreed upon mitigation never completed.but additional development on this property would cause the habitat for panthers in this area to Ioecottre note fragmented and create additional adverse impacts to panthers Ilse '915 B sV T.k17)0 tvsY,x20.0 I&..ik BALK's.%t \-CtF' 1334=0T1-131RE ItCE:-S:NVIT t F FL 3_2 36 PA1N..5t1 Uri.FL 32405 VEF.:EEtcft IL 32%) 'xV-1"31 3336 350"'off i'S5: 2-56:-390? Page Service believes it is important that the originally agreed upon terms and conditions in the 2017 biological opinion be implemented. that a conservation easement be placed on this property. and that the property be managed to ensure it remains functional panther habitat. The Service believes it is important that the Corps issue a notice of non-compliance to the permittee and that the original terms and conditions of the 2017 biological opinion are adhered to. Please let me know if you have any questions or wish to discuss this matter further. Thank you very much. Sincerely. RUBERT ROBERT CAREY CAREY C 202210.28 11 C?:4C Robert L. Carey Manager. Division of Environmental Review Florida Ecological Services Field Office Cc: Mr.IIIIIIIIIII (via electronic mail) umaii-upaale on 3ecuon ay l3 aocumeras aaacnea) naps://mall.google.com/matt/WU/nk= 6U9b4c4yti&vtew=pt&search=a... Exhibit 2-A Grn a i I John Erario<john.a.erario@gmail.com> Update on Section 29 (3 documents attached) 1 message John Erario<john.a.erario@gmail.com> Thu,Jun 8, 2023 at 6:47 PM To: Derek.Perry@colliercountyfl.gov Cc: Christine Koren<ckoren18553@gmail.com>, Sue Caglioti<suecaglioti@gmail.com> Hi Derek and as always thanks for our conversation today. As we discussed,please find attached 3 documents. One is the Minutes of the BCC public hearing held on 2/24/98 which contains specific references to commitments made by Fiddler's Creek to maintain Section 29 as a preserve with no future residential development contemplated. Looking ahead to a future BCC public hearing with regard to the present FCC application, I would ask you to evaluate this document for its relevance. We believe that the intent and commitment of both the County and the developer is clearly evidenced in the 2 paragraphs on page 9 highlighted in red. Here is very specific language stating that Section 29 shall be removed from the land inventory available for future development or urbanization. Unlike our objections to FCC being out of compliance with federal permit requirements related to the 2017 Oyster Harbor/Estancia projects, this is a County document which should have direct bearing on the applicant's request to rezone this parcel for development. The second attachment is a letter from our attorney Gary Oldehoff sent on 5/8/23 to Amy Patterson,James French, Sarah Harrington-Riccio and all 5 County Commissioners. It is notable that the letter was sent one month ago and to date we have not gotten a response from any of the recipients. And the third is a well-written comprehensive history of Section 29 from 1998 to the present written by an attorney who is a member of our neighborhood opposition group. The focus of the document is to illustrate how this parcel has been used by FCC for 25 years as a strategic bargaining chip over and over to obtain County land development approvals, while repeatedly breaching the terms of the agreements they made in exchange for getting those approvals. We appreciate your review and follow-up. Thanks&be well, John Erario & Sue Caglioti 917.612.8117 518.231.8030 18481 Royal Hammock Blvd Naples, FL 34114 3 attachments .01 Ltr to Patterson et al 5-8-23 re Conservation Easements-Fiddler's Creek.pdf 523K .1 BCC Minutes 02_24_1998 R-with highlights.pdf 1026K .� RPGE-History of Section 29.pdf 2718K 1 of 1 4/24/2024,7:04 PM vuiau-Jecuou L J uocurnents auacneu for review :/L4/W5 rvunut... naps://main.googie.com/mat1Wu/Ytk=J2SU9O4c49a&view=pt&search=a... Exhibit 2-B rnto i t John Erario<john.a.erario@gmail.com> Section 29 documents attached for review (BCC 2/24/98 Minutes and Oldehoff 5/8/23 letter to County officials) 1 message John Erario<john.a.erario@gmail.com> Thu,Jun 8,2023 at 2:47 PM To: HansenRachel <Rachel.Hansen@colliercountyfl.gov> Cc: Sue Caglioti <suecaglioti@gmail.com>, Christine Koren <ckoren18553@gmail.com> Hi Rachel and as always thanks for our conversation today. As we discussed, please find attached 2 documents. One is the Minutes of the BCC public hearing held on 2/24/98 which contains specific references to commitments made by Fiddler's Creek to maintain Section 29 as a preserve with no future residential development contemplated. In developing a final recommendation to the BCC with regard to the present FCC application, I would ask you to alert staff reviewers to this document and for the Planners to strongly consider the intent and commitment of both the County and the developer evidenced in the 2 paragraphs on page 9 highlighted in red. Here is very specific language stating that Section 29 shall be removed from the land inventory available for future development or urbanization. Unlike our objections to FCC being out of compliance with federal permit requirements related to the 2017 Oyster Harbor/Estancia projects,this is a County document which should have direct bearing on the applicant's request to rezone this parcel for development. The second attachment is a letter from our attorney Gary Oldehoff sent on 5/8/23 to Amy Patterson,James French, Sarah Harrington-Riccio and all 5 County Commissioners. It is notable that the letter was sent one month ago and to date we have not gotten a response from any of the recipients. We appreciate your review and follow-up. Thanks & be well, John &Sue 917.612.8117 518.231.8030 2 attachments .1 BCC Minutes 02_24_1998 R-with highlights.pdf 1026K Ltr to Patterson et al 5-8-23 re Conservation Easements- Fiddler's Creek.pdf 523K 1 of I 4/24/2024,7:06 PM 6 > = cu 0.),D,,,,- 0 o ..z, 40._ • 7k- --, Fli• [1. c- - ' , ()I = _ = 7 ro co cAr- Eil —N, 3. a z.-- • "0 CI = Pi. ..., ......., - •,.., 0 0 = = (t) ..,r.... ca. 4 3. 41 0 --* : CD • ; :2: It 3 = 13) ;--7 471* 2.iv) rt) . 14 n. rn .... ...: 0 ... v. ..- GO ::. • -- 4a 1 n r. 5- (%r. la E.... F,.. 6 . --i Z • I::: ,..< - < , § .33 a) 0 ..:.-. .V. 2 7..- N - ,Aii 9 - t.- 1-, ...XI -- 0 0 (C2 a) o -n g '4 r- 1 0 ..:- Q c 1 - -,4 It , co ina '0 ...., .1., A N.) , 0 a) rn Cu 7....... 0 gi ,,,—• C .--..- ct, ,....,. o = 7 ,..'• e) 0 a• • a.) er Ca. cl. = * * g4 03 n = C CD 5' 5` a) ,i o-'10 , Iv 4•• 5 = i Ca. A) 0 a •-< 3 7 a) a = 0 < 0 CD a un = 13) CD (I) CD CDr < a) o1 ril .--.7..: c 1-1 tO I ET 'CI H 0 ti) (I) o , ,... 03 44 i 1 - e A = p r .., cn r -, -r. _ 0 o K ., -. 1... �� )♦ + rri S - A i ' Eli IA� ♦ �t '• v ~1 ,',F • 1 f ...7 1 ' • . �f 1 tle4 i 4 4 -44•••. It iiiil - 4. 4. .. ::: r '.. • 4..1.t ,,,,..; If': .. .. Al • r 11 h'i m c� cu i . . .._. p N FJ.. so . _./ w N 0 ro / . , a4 .... 8 ., Es �_ � : � w g v i \ a ax EXHIBIT 5 April 18th CCPC hearing— timestamp notes 1. Mr. Yovanovitch (45:20) stated — "In 1998 Section 29 was added to the PUD and during the hearing the developer at that time said we're not gonna put residential units on Section 29. No question — that's what the developer's intentions were at the time". 2. Chairman Fryer (48:30) asked Mr. Yovanovitch for clarity quoting from the transcript of the 9/6/23 NIM, where a speaker read the following portion of the 1998 transcript: "our commitment today is to provide a conservation easement or a deed, whichever they wish, but yes, it is in perpetuity" .... you're saying that was NOT in reference to Section 29. Mr. Yovanovitcvh responds — "No, it was". 3. Mr. Arnold (1:45:40) stated that a density of 15 units per acre in Section 29 is not out of character with the surrounding area, a neighborhood of 1-story single- family homes on 1/3 acre tracts: "I'd argue that it's not really <out of character> because as Rich mentioned to the northeast you're going to have a town, it's going to have a lot of density ... ". 4. Mr. Arnold (1:46:40) stated in response to a question about Section 29 touching corners with Fiddler's Creek proper "There are some provisions for non- contiguity separated by a road, and I think we have another example where they touched corners but obviously this is part of Fiddler's Creek". 5. Mr. Arnold (1:48:45) was asked to estimate the traveling distance from the middle of where the apartments will be located out to Rte 41 along Auto Ranch. His response was "about a mile and a half". 6. Mr. Arnold (1:49:50) showed some representative pictures from a "photo point" in the Royal Palm neighborhood. 7. Mr. (Jim) Banks (2:40:40) presented a report illustrating 6-year historical crash data for the intersection of Auto Ranch Road and Rte 41. 8. Mr. (Tim) Hall (2:48:45) referred to the wildlife value of Section 29 as "at the lower end of the scale". 9. Mr. Hall (2:51:00) when asked about telemetry data on the map provided with the 1/31/24 USFWS letter stated: "I believe the document you're looking at shows all of the recorded radio-telemetry data points from 1989 till now. So it's over the course of however long that is ... 35 years ... multiple cats at different times". 10. Mr. Hall (2:57:20) stated: "We've been technically non-compliant with the permits but we have been in coordination with FWS so that that was not a hidden non-compliance — they were fully aware of what we were doing and what we were trying to do for the entire timeframe that we've been working on this". Regarding the 9/6/23 NIM, he was asked about modification of the Nov 2022 Covenants: "You're saying that the USFWS has approved this modification of their B.O"? And his response was: "They have said that they were not in favor of the amendments that were being proposed, but that the project is still under review". 11. Mr. Hall (3:01:00) was asked: "What was your understanding of whether the whole or a part of Section 29 was to be included in those commitments <the filing of the 2017 conservation easement>"? Mr. Hall's response: "The commitment was for the entire portion of Section 29". 12. Mr. Hall (3:09:10) was asked about non-compliance with the Biological Opinion and to discuss why the required easement on Section 29 was still not filed in July 2022. Mr. Hall stated: "They <the Service> requested that we do a compliance analysis or compliance check to see what was or was not done with respect to the permitting ... we told them that, no, the easements had not been filed yet ... they hadn't been filed because we had been in discussions to change this area and to my mind it made no sense to put a conservation easement on the property and then take it off". 13. Mr. Hall (3:11:40) was asked to comment on an exchange with a neighbor at the 9/6/23 NIM: "Now I know that Tim just said those Conservation Covenants were filed ... they're on record in Collier County in Nov of 2022. But for 5 years they were not filed, I'd like to know why". Mr. Arnold responded: "I don't know the history of that Tim —you may know. I would say it's probably simply because development didn't ensue during that 5 year period <from 2017 to 2022>". 14. Mr. Hall (3:20:50) was asked about the non-filing of the easement in 2018: "You went ahead with that development <Oyster Harbor/Estancia> and you're saying you were in communication with USFWS the whole time and they never required that easement and never asked you to record it"? Tim answered: "Yes, they understood that it had not been recorded". 15. Mr. Yovanovitch (starting at 3:40:30) made a plethora of miscellaneous representations covering the 7-year time period from 2017 to the present including: " ... we've been totally above board with every agency ... we were not hiding the ball from anybody ... we weren't saying screw you, catch us ... let's put the restriction in there first and let's talk about whether or not we can modifr that restriction ... we had this permit — do you want me to record it, then unrecord it— that's what we were doing but the thing we didn't do is record it, it becomes messy, and then amend it ... eventually they said record something, so we recorded it ... first of all we didn't have to put all 600 acres into mitigation, in hindsight we should have just bought the PHUs but we didn't buy the PHUs ... we're talking through this process and if they ultimately say no I don 't build the project. " 16. Mr. Yovanovitch (4:20:30), with regard to the 1/31/24 USFWS "Modification Inability" letter to Turrell Hall which stated we are unable to process the modification you requested, stated: "it was premature — the wrong process —you need to bring a different permit— it was the wrong time to ask for the request. " EXHIBIT 6 hOimail John Erario<john,a.erario ggmail.com> Re: [EXTERNAL] URGENT• questions regarding Biological Opinion conservation easement 1 message Carey, Robert L <robert_carey@fws gov> Wed. May 1,2024 at 4-04 PM To John Erario<john.a.erario@gmail.com> Hello John, I have no indication that the Service had an agreement with the permit holder to delay meeting the terms and conditions of the B0. For your second question,it would be our policy that the Terms and Conditions in the B0 were implemented as written or that the applicant would request re-initiation of consultation. Thank you. Robert L.Carey Manager,Division of Environmental Review Florida Ecological Services Field Office U.S.Fish and Wildlife Service Gainesville.Florida (530)340-2496 Cell NOTE:This end correspondence and any attachments to and from this sender is subject to the Freedom of Information Act(FOL4)and may be disclosed to third parties. From:John Erario<john.a.erario@grnail.com> Sent:Wednesday,May 1,2024 2:48 PM To:Carey,Robert L<robert_carey@fws.gov> Subject: [EXTERNAL] URGENT-questions regarding Biological Opinion conservation easement This email has been received from outside of DOI -Use caution before clicking on links,opening attachments,or responding. from:John Erario<john.a.erario©gmail.com> Sent:Wednesday,May 1,2024 2:48 PM To:Carey,Robert L<robert_carey©fws.gov> Subject: [EXTERNAL] URGENT-questions regarding Biological Opinion conservation easement This email has been received from outside of DOI -Use caution before clicking on links,opening attachments,or responding. Hi Bob. We have 2 very specific questions regarding comments made at the Collier County Planning Commission hearing on April 18th 2024. To the best of your knowledge,did the Service have an agreement with the permit holder to suspend or delay the requirement for the creation of the Conservation Easement on Sections 19 and 29. as mandated by the Biological Opinion, at any time prior to the notice of non- compliance sent to the applicant in 2022? Secondly,to the best of your knowledge, is it a policy of the Service to allow a permit holder such a pause or reprieve from a condition of the terms and conditions of a federal permit? If you can possibly provide us with a response by the end of the day.. it would be greatly appreciated. Thanks, John&Sue Virus-free uvwtiv avg corn Statewide Re.ional Evacuation Stud Pro.ram Volume 4-9 Southwest Florida Figure IV-10 Figure IV-10 G mot,,',,.r. i. . 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V x J �1+ ,' 4 `keili _ a g N �� rn° EI ,,,, L......i _ ,� r d r r.. m I' 7 a. - 4 r I W"Z l'illg' b...-- w o MIM :11:1177...... cae•aa l ' 5p) I � n x )os 83 ,I. � ~ � o I..'tb = ° � o. a a /'1ca oc °i v `, N N a ? mNO I Int 8 crn _ ••,..) - s 3 „,&0 2 Z's N .bj N M V' N 'd mN` mNO i C6 fO 9 MOQ E 04. a,,-ylir 3A = i; °'t Ea5 Z UKOF N waooU£st d" - - - The first DRI Development Order (DO) 84-3 adopted for Marco Shores includes substantial deviation language in Section 4 A and subsequently amended many times one of which included Fiddler's Creek Section 29 addition in Development Order 98-1 Resolution 98-49. The Notice of Proposed Change (NOPC) stated "The 6,000 residential units previously approved for the Fiddler's Creek project will not change". The addition of 750 MF units to Section 29 should be considered a substantial deviation and should be denied for being significantly and substantially different than what was originally proposed in Development Order 98-1. In conclusion, locating workforce housing on the far eastern edge of the urban area is not the best location since such housing should be located closer to where the jobs are in the urban area to reduce the transportation cost of commuting to work. Furthermore, the remote location, low elevation of Section 29 and the access road through wetland makes it particularly vulnerable to hurricane storm surge flooding damage. Assuming the first-floor elevation is 6 feet above mean sea level to meet the 100-year FEMA FIRM requirement the first-floor unit would still possibly receive .6 feet of flooding during a Category 1, 9.6 feet during a Category 3 and 20.1 during a Category 5 worst case tracks. The access road and water/sewer lines will likely be damaged by cuts in the road that exacerbate recovery operations to the developed area. Unless there is a major public expenditure to hold back the sea, based on various sea level rise studies, the shoreline will likely in the next 100 years be within the CHHA Category 1 storm surge area as shown in Attachment I. As sea level rises the project site is likely to become harder to keep dry as drainage will be slower and slower particularly at high tides. Workforce housing will be used by people that are less likely to evacuate due to not being able to afford the relocation cost short term during an evacuation or long-term cost if the building is damaged.The residents of these units will also be more likely to use public shelters in Collier County which has a deficit of 19,979 spaces. The 750 multifamily units will increase the shelter deficit by 134 spaces. The County is not meeting the 16-hour LOS out of county clearance time when the projected 2025 time is 72 hours for a Category 5/Level E hurricane or even 19 hours for Category 1 CHHA evacuation. The project will generate an additional 701 evacuation vehicles and will increase the out of county evacuation time by 16.8 minutes. The application has not provided competent, substantial evidence supported by persuasive data and analysis to address the impacts of the proposals relative to addressing a substantial deviation in DO 98-1 and maintaining the out-of-county hurricane evacuation time of 16 hours for a category 5 and protecting human life from natural disasters (hurricanes). The county's public safety will be further degraded during a hurricane disaster if this amendment is approved. It is my expert opinion the proposed Plan Amendment is a substantial deviation and WOULD INCREASE DENSITY IN A VERY VULNERABLE CHHA OF COASTAL COLLIER COUNTY and because the out-of-county evacuation time 72 hours and there is a large deficit at shelters of over 19,979 spaces, I recommend DENIAL OF THIS PLAN AMENDMENT. Based upon the competent and substantial testimony presented by experts and lay persons in this matter,NAME OF NEIGHBORHOOD respectfully requests the Local Planning Agency make 6 (b) For those local governments that have not established a level of service for out-of-county hurricane evacuation by following the process in paragraph(a), the level of service shall be no greater than 16 hours for a category 5 storm event as measured on the Saf r-Simpson scale. There are literally thousands of possible combinations of variables that can be applied using the evacuation transportation model, which will result in thousands of possible outcomes. For the purposes of this analysis,two distinct sets of analyses were conducted using the evacuation transportation model, including one set of analysis for growth management purposes and one set of analysis for emergency management purposes. The two sets of analysis include the following: • Base Scenarios/100% Response—This type of scenario can be used to analyze evacuation scenarios for growth management purposes. This scenario type assumes 100 percent compliance with an order to evacuate in the areas ordered to evacuate for site-built homes and 100 percent compliance throughout the entire county for mobile and manufactured homes. There is also an assumption that evacuations emanating from areas not ordered to evacuate (shadow evacuations) will be in accordance with the planning assumptions developed by the Statewide Regional Evacuation Study Program (SRESP); and, • Operational Scenarios/Planning Assumptions—This type of scenario can be used to assist emergency management by providing an estimate of a clearance time that can be used when considering when to order an evacuation. This scenario type is based on the evacuation participation rates developed from the behavioral analysis portion of the SRESP and as such is considered to represent the most likely response to an impending storm by residents of the impacted area. Planning assumption scenarios implicitly assume that some individuals who are ordered to evacuate will not and that some individuals who are not ordered to evacuate will. The specific rates used for each county's planning assumptions are documented in Behavioral Report for Regional Evacuation Study. The SWFRPC Regional Evacuation Study was updated in 2021. Based on the 2021 Florida SRESP, the Collier County Base 2025 Out-of-County Clearance Time is now 72 hours and clearance time to shelter is now 68 hours for a Category 5/Level E hurricane(See Table Below). Since Collier County did not adopt an out of county evacuation clearance time, the level of service (LOS) for out of county evacuation time defaults to 16 hours consistent with F.S. Chapter 163.3178(8)(b). Clearly the County is not meeting the 16-hour LOS out of county clearance time when the projected 2025 time is 72 hours for a Category 5/Level E hurricane or even 19 hours for Category 1 CHHA evacuation. The 750 multifamily units will generate an additional 701 evacuation vehicles (85% occupancy rate and 1.1 vehicle per unit used for evacuation) and will increase the out of county evacuation time by 16.8 minutes.As shown in Attachment VII the project traffic will also add to designated critical evacuation segments. Scenario Type Clearance Time Type County Evacuation Level A B CD E 2025 Base Scenario Out Of County Clearance Time Collier 19 30.5 54 71.5 72 2025 Base Scenario Clearance Time to Shelter(Zone Clearance Time) Collier 16.5 21.5 42 63 68 4 in Table I below. The model determined the average ground elevation within the grid where the Property is located to be 1 foot above sea level or NAVD 88. Table I Potential Storm Tide Heights* for Project Site (In feet above ground** and Sea Level*** In feet above NAVD88) Category Hurricane High Tide Mean Tide TS** 3.7 2.7 1 6.6 5.4 2 10.5 9.8 3 14.6 13.8 4 20.7 20 5 25.1 24.3 TS*** 4.7 3.7 1 7.6 6.4 2 11.5 10.8 3 15.6 14.8 4 21.7 21 5 26.1 25.3 *2017 South Florida(SLOSH)Model Display Program (1.79) Category Hurricane Based on the Saffir-Simpson Hurricane Wind Scale Storm tide heights represents the maximum values from SLOSH MOMs(Max of the Max tide heights) According to the National Hurricane Center's operational 2017 SLOSH Display Model for the South Florida Basin the Section 29 site will be inundated by 6.6 feet above the ground level storm tide during a Category 1 at high tide (see Attachment V). During worst case tract for a Category 5 at high tide the site will be inundated by 25.1 feet. above ground level (see Attachment VI). Assuming the parking garage elevation is 6 feet above mean sea level to meet the 100-year FEMA FIRM requirement the garage would still possibly receive .6 feet of flooding during a Category 1, 9.6 feet during a Category 3 and 20.1 during a Category 5 worst case tracks. Depending on the garage height the first-floor units would flood during a Category 3 and higher storm surge. Any flooding of a multi-story residential building will likely render the entire building unlivable due to damage to elevators and other infrastructure necessary for habitation. 2 i 1 !,i I i , 1 i, i 1 : : . I' I ! t 1 I 1 i 1 • 1 t 41 t it ... i . I 11..13" I: tI II ,I I • I ' . I ... ! i - ) / ; 1 •1 N 'I 't II . II ) I 1 • ..t 1, i 1 • i : \ \I. 1 ; It "- • .1i, 1 N 1 . 1,1 / I i . i.I t I 1 1.1 I i II t it. .1 1 . I , i; 4 EXHIBIT 1 -C From:Carey,Robert L Sent:Friday,October 28,2022 11:30 AM To:Zinszer,Shawn H CIV USARMY CESAJ(US)<Shawn.i-f.Zinszer@usace army.mil>; Cc:Mcdonald,Kenneth<kenneth_mcdonald@fws.gov>;Williams,Larry 0 <larry_wiliiams@fws.gov>;Basili,Gianfranco 0<gianfranco basili@fws.gov> Subject:Fiddler's Creek project-file number SAJ-2015 and U.S.Fish and Wildlife Service(Service) project number 2022-0067532 Dear Shawn and Mil Attached please find a letter describing the Service's position regarding this project. Please let me know if you have any questions or would like to arrange a time to discuss this matter in more detail. We are currently in receipt of your request to reinitiate consultation on this project but will defer work on that request until we have a better understanding of the process the USACE will follow to remedy the non-compliance issues. Thank you. Robert L.Carey Manager.Division of Environmental Review Florida Ecological Services Field Office C.S.Fish and Wildlife Service Gainesville.Florida (530)340-2496 Cell (Currenth'teleworking doe to Covid 19 pandemic-please use this number) NOTE:This email correspondence and any attachments to and from this sander is subject to the Freedom of Information Act(FOLl)and may be disclosed to third parties. EXHIBIT 1 -D OIC �r - United States (Department ot the Interior FISH.•1N1)WILDLIFE:SERVICE Florida Ecological Services Field Office *4} October 28, 2022 Mr. Shawn H. Zinszer U.S.Army Cbtps of Engineers P.O.Box 4970 Jacksonville,Florida 32232-0019 Service Consultation Code: 2012-0067531 Corps Application Number: SAJ-201 5-008 5 3 Date Received: July 22. 2022 Project. Fiddlers Creek Estancia County. Collier Dear Mr. Zinszer. On October 13. 2022,during a virtual meeting between you.Larry Williams. and myself.we discussed the non-compliance with the terms and conditions included in the 2017 biological opinion for the Fiddlers Creek project in Collier County Florida(file number SAJ-20I5-00853 and U.S.Fish and Wildlife Service(Servicel project number 2022-0067532). The biological opinion also contained an incidental take statement that exempted the take of bonneted bats and Florida panthers on the condition that the Corps and its applicant would implement the terms and conditions of the biological opinion Several of the terms and conditions were not adhered to. Drumg the Service's consultation with the Corps in 2017 under Section 7 of the Endangered Species Act(ESA. we determined that to mitigate for the impacts to Florida panthers and fknida bonneted bats, the permrittee would place approximately 600 acres identified as-Section 29"under a perpetual conservation easement and to manage that property in perpetuity to benefit panthers and provide an important linkage to other areas known to be used by panthers for foraging,dispersal.and reproduction These terns and conditions were attached to the permit as enf useable standards. However.the easement was never executed,and the perimttee now wishes to revise the permit and purchase Panther Habitat Units(PHUs)from au approved paiithet conservation bank rather than place the property under easement_ hi a letter from the Corps signed by Mr. (Enforcement:Comnpliance Project Manager)dated September 26. 2022. t Corps requested the Service reinitiate consultation under Section 7 of the ESA for the purpose of addressing the issues of sou-compliance. lire peitnittee is now fiwiher requesting that 50 acre;of the originally identified 600 acres be exempt from the requirement to place the properly under easement so that addition development can occur on that site. The Service finds that revising the biological opinion is not in the best interest of the conservation of Florida panthers. Not only was the previously agreed upon mitigation never completed,but additional development on this property would cause the habitat for panthers in this at ea to become mote ft atiniented and create additional adverse impacts to panther s, The ^ass t3 ii\W krx:', ,WAY,s200 t AAr.A.`t-v,r'.:LuF 1333 213Tt-t 5TR.iFT 11C,K54,7.Vit t F FL 32.256 PANAM A CM.,FL 32405 \EA:ZEACit FL 3Z9 0 90+-31-3336 S50-769-0 5.: 3909 Page Service believes it is important that the originally agreed upon terms and conditions in the 2017 biological opinion be implemented, that a conservation easement be placed on this property. and that the property be managed to ensure it remains functional panther habitat. The Service believes it is important that the Corps issue a notice of non-compliance to the pennittee and that the original terms and conditions of the 2017 biological opinion are adhered to. Please let me know if you have any questions or wish to discuss this matter further. Thank von very much. Sincerely. RUBERT ROBERT CAREY CAREY Ca2022.1,.2511.0':40 Robert L. Carey Manager. Division of Environmental Review Florida Ecological Services Field Office Cc: Mr. (via electronic mil) urnaii-upuare on aecuon zv aocumenrs auacnea) nttps://mail.google.comimai1WUfYtk= 2SUy64c49 &view=pt&search=a... Exhibit 2-A Grn a d l John Erario<john.a.erario@gmail.com> Update on Section 29 (3 documents attached) 1 message John Erario<john.a.erario@gmail.com> Thu,Jun 8, 2023 at 6:47 PM To: Derek.Perry@colliercountyfl.gov Cc: Christine Koren<ckoren18553@gmail.com>, Sue Caglioti <suecaglioti@gmail.com> Hi Derek and as always thanks for our conversation today. As we discussed,please find attached 3 documents. One is the Minutes of the BCC public hearing held on 2/24/98 which contains specific references to commitments made by Fiddler's Creek to maintain Section 29 as a preserve with no future residential development contemplated. Looking ahead to a future BCC public hearing with regard to the present FCC application, I would ask you to evaluate this document for its relevance. We believe that the intent and commitment of both the County and the developer is clearly evidenced in the 2 paragraphs on page 9 highlighted in red. Here is very specific language stating that Section 29 shall be removed from the land inventory available for future development or urbanization. Unlike our objections to FCC being out of compliance with federal permit requirements related to the 2017 Oyster Harbor/Estancia projects, this is a County document which should have direct bearing on the applicant's request to rezone this parcel for development. The second attachment is a letter from our attorney Gary Oldehoff sent on 5/8/23 to Amy Patterson,James French, Sarah Harrington-Riccio and all 5 County Commissioners. It is notable that the letter was sent one month ago and to date we have not gotten a response from any of the recipients. And the third is a well-written comprehensive history of Section 29 from 1998 to the present written by an attorney who is a member of our neighborhood opposition group. The focus of the document is to illustrate how this parcel has been used by FCC for 25 years as a strategic bargaining chip over and over to obtain County land development approvals, while repeatedly breaching the terms of the agreements they made in exchange for getting those approvals. We appreciate your review and follow-up. Thanks &be well, John Erario & Sue Caglioti 917.612.8117 518.231.8030 18481 Royal Hammock Blvd Naples, FL 34114 3 attachments yri Ltr to Patterson et al 5-8-23 re Conservation Easements-Fiddler's Creek.pdf 523K .RI BCC Minutes 02_24_1998 R-with highlights.pdf 1026K � RPGE-History of Section 29.pdf 2718K 1 of 1 4/24/2024,7:04 PM \]ritail-Jeeuoii G7 uUcUIIlen1S auacneu ior review LiSl.l..2./L4/Y8 lvllnu[... naps://mall.google.conUmaWUu/U/!1K=J6U`1b4C49Q&vleW=pt&SearCh=a... Exhibit 2-B rn Ca' i l John Erario<john.a.erario@gmail.com> Section 29 documents attached for review (BCC 2/24/98 Minutes and Oldehoff 5/8/23 letter to County officials) 1 message John Erario<john.a.erario@gmail.com> Thu, Jun 8,2023 at 2:47 PM To: HansenRachel <Rachel.Hansen@colliercountyfl.gov> Cc: Sue Caglioti <suecaglioti@gmail.com>, Christine Koren <ckoren18553@gmail.com> Hi Rachel and as always thanks for our conversation today. As we discussed, please find attached 2 documents. One is the Minutes of the BCC public hearing held on 2/24/98 which contains specific references to commitments made by Fiddler's Creek to maintain Section 29 as a preserve with no future residential development contemplated. In developing a final recommendation to the BCC with regard to the present FCC application, I would ask you to alert staff reviewers to this document and for the Planners to strongly consider the intent and commitment of both the County and the developer evidenced in the 2 paragraphs on page 9 highlighted in red. Here is very specific language stating that Section 29 shall be removed from the land inventory available for future development or urbanization. Unlike our objections to FCC being out of compliance with federal permit requirements related to the 2017 Oyster Harbor/Estancia projects,this is a County document which should have direct bearing on the applicant's request to rezone this parcel for development. The second attachment is a letter from our attorney Gary Oldehoff sent on 5/8/23 to Amy Patterson,James French, Sarah Harrington-Riccio and all 5 County Commissioners. It is notable that the letter was sent one month ago and to date we have not gotten a response from any of the recipients. We appreciate your review and follow-up. Thanks& be well, John &Sue 917.612.8117 518.231.8030 2 attachments _1 BCC Minutes 02_24_1998 R-with highlights.pdf 1026K .,� Ltr to Patterson et al 5-8-23 re Conservation Easements-Fiddler's Creek.pdf 523K 1 of 1 4/24/2024,7:06 PM tal 17 0 33 : --I r-,"'" > CI, c- L crc n 9 41,7 i 0 q.) 2,sj, =digireos "ft• -.." 0 - ' = - - m. Co . ... 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S t...). _ . ....- 3 (..,•...) 0' 0 c c \ It ••• c a . ..,:., 0.: • (70 (.3' , ..... . . ,... •..1 %'' 400-- 4 cr, sx. = . 3 EXHIBIT 5 April 18th CCPC hearing — timestamp notes 1. Mr. Yovanovitch (45:20) stated — "In 1998 Section 29 was added to the PUD and during the hearing the developer at that time said we're not gonna put residential units on Section 29. No question — that's what the developer's intentions were at the time". 2. Chairman Fryer (48:30) asked Mr. Yovanovitch for clarity quoting from the transcript of the 9/6/23 NIM, where a speaker read the following portion of the 1998 transcript: "our commitment today is to provide a conservation easement or a deed, whichever they wish, but yes, it is in perpetuity" .... you're saying that was NOT in reference to Section 29. Mr. Yovanovitcvh responds — "No, it was". 3. Mr. Arnold (1:45:40) stated that a density of 15 units per acre in Section 29 is not out of character with the surrounding area, a neighborhood of 1-story single- family homes on 1/3 acre tracts: "I'd argue that it's not really <out of character> because as Rich mentioned to the northeast you're going to have a town, it's going to have a lot of density ... ". 4. Mr. Arnold (1:46:40) stated in response to a question about Section 29 touching corners with Fiddler's Creek proper "There are some provisions for non- contiguity separated by a road, and I think we have another example where they touched corners but obviously this is part of Fiddler's Creek". 5. Mr. Arnold (1:48:45) was asked to estimate the traveling distance from the middle of where the apartments will be located out to Rte 41 along Auto Ranch. His response was "about a mile and a half". 6. Mr. Arnold (1:49:50) showed some representative pictures from a "photo point" in the Royal Palm neighborhood. 7. Mr. (Jim) Banks (2:40:40) presented a report illustrating 6-year historical crash data for the intersection of Auto Ranch Road and Rte 41. 8. Mr. (Tim) Hall (2:48:45) referred to the wildlife value of Section 29 as "at the lower end of the scale". 9. Mr. Hall (2:51:00) when asked about telemetry data on the map provided with the 1/31/24 USFWS letter stated: "I believe the document you're looking at shows all of the recorded radio-telemetry data points from 1989 till now. So it's over the course of however long that is ... 35 years ... multiple cats at different "erent times". 10. Mr. Hall (2:57:20) stated: "We've been technically non-compliant with the permits but we have been in coordination with FWS so that that was not a hidden non-compliance — they were fully aware of what we were doing and what we were trying to do for the entire timeframe that we've been working on this". Regarding the 9/6/23 NIM, he was asked about modification of the Nov 2022 Covenants: "You're saying that the USFWS has approved this modification of their B.O"? And his response was: "They have said that they were not in,favor of the amendments that were being proposed, but that the project is still under review". 11. Mr. Hall (3:01:00) was asked: "What was your understanding of whether the whole or a part of Section 29 was to be included in those commitments <the filing of the 2017 conservation easement>"? Mr. Hall's response: "The commitment was,for the entire portion of Section 29". 12. Mr. Hall (3:09:10) was asked about non-compliance with the Biological Opinion and to discuss why the required easement on Section 29 was still not filed in July 2022. Mr. Hall stated: "They <the Service> requested that we do a compliance analysis or compliance check to see what was or was not done with respect to the permitting ... we told them that, no, the easements had not been filed yet ... they hadn't been filed because we had been in discussions to change this area and to my mind it made no sense to put a conservation easement on the property and then take it off'. 13. Mr. Hall (3:11:40) was asked to comment on an exchange with a neighbor at the 9/6/23 NIM: "Now I know that Tim just said those Conservation Covenants were filed ... they're on record in Collier County in Nov of 2022. But for 5 years they were not filed, I'd like to know why". Mr. Arnold responded: "I don't know the history of that Tim —you may know. I would say it's probably simply because development didn't ensue during that 5 year period <from 2017 to 2022>". 14. Mr. Hall (3:20:50) was asked about the non-filing of the easement in 2018: "You went ahead with that development <Oyster Harbor/Estancia> and you're saying you were in communication with USFWS the whole time and they never required that easement and never asked you to record it"? Tim answered: "Yes, they understood that it had not been recorded". 15. Mr. Yovanovitch (starting at 3:40:30) made a plethora of miscellaneous representations covering the 7-year time period from 2017 to the present including: " ... we've been totally above board with every agency ... we were not hiding the ball from anybody ... we weren't saying screw you, catch us ... let's put the restriction in there first and let's talk about whether or not we can modifii that restriction ... we had this permit — do you want me to record it, then unrecord it— that's what we were doing but the thing we didn't do is record it, it becomes messy, and then amend it ... eventually they said record something, so we recorded it ...first of all we didn't have to put all 600 acres into mitigation, in hindsight we should have just bought the PHUs but we didn't buy the PHUs ... we're talking through this process and if they ultimately say no I don't build the project. " 16. Mr. Yovanovitch (4:20:30), with regard to the 1/31/24 USFWS "Modification Inability" letter to Turrell Hall which stated we are unable to process the modification you requested, stated: "it was premature — the wrong process —you need to bring a different permit— it was the wrong time to ask for the request. " EXHIBIT 6 Gmail John Erario{john.a.erario@gmaiLcom> Re: [EXTERNAL] URGENT• questions regarding Biological Opinion conservation easement 1 message Carey, Robert L<robert_carey@fws.gov> Wed, May 1.2024 at 4 04 PM To John Erario<john.a erario@gmail.com> Hello John, I have no indication that the Service had an agreement with the permit holder to delay meeting the terms and conditions of the B0. For your second question,it would be our policy that the Terms and Conditions in the BO were implemented as written or that the applicant would request re-initiation of consultation. Thank you. Robert L.Carey Manager,Division of Environmental Review Florida Ecological Services Field Office U.S.Fish and Wildlife Service Gainesville.Florida (530)340-2496 Cell NOTE:This email correspondence and any attachments to and front this sender is subject to the Freedom of Information Act(FOIA)and may be disclosed to third parties. From:John Erario<john.a.erario©gmail.com> Sent:Wednesday,May 1,2024 2:48 PM To:Carey,Robert L<robert_earey@fws.gov> Subject: [EXTERNAL] URGENT-questions regarding Biological Opinion conservation easement This email has been received from outside of DOI -Use caution before clicking on links,opening attachments,or responding. From:John Erario<john a.erario©gr»ail corn> Sent:Wednesday,May 1,2024 2:48 PM To:Carey,Robert I<robert_carey a@fws.gov> Subject: [EXTERNAL] URGENT-questions regarding Biological Opinion conservation easement This email has been received from outside of DOI-Use caution before clicking on links,opening attachments,or responding. Hi Bob. We have 2 very specific questions regarding comments made at the Collier County Planning Commission hearing on April 18th 2024. To the best of your knowledge.did the Service have an agreement with the permit holder to suspend or delay the requirement for the creation of the Conservation Easement on Sections 19 and 29, as mandated by the Biological Opinion, at any time prior to the notice of non- compliance sent to the applicant in 2022? Secondly,to the best of your knowledge. is it a policy of the Service to allow a permit holder such a pause or reprieve from a condition of the terms and conditions of a federal permit? If you can possibly provide us with a response by the end of the day, it would be greatly appreciated. Thanks, John&Sue $ Virus-free.wr+w avg corn AFFORDABLE HOUSING DISTRICT 1 , * APPROVED PROJECTS Henderson Creek (PL20230007470) 160 units Majestic 109 units * TOTAL: 269 AFFORDABLE HOUSING DISTRICT 1 , PROPOSED PROJECTS (in various states of approval) Greenway Fritchey (PL 2022000261/3) 564 units* East Trail Mixed Use PUD (PL 20230008640/43) 64 units Tamiami Trail (PL 20230007470) 120 units Elantro @Naples Reserve PUD 62 units TOTAL: 810 *Indicates Habitat for Humanity units TOTAL POTENT/AL FOR AFFORDABLE HOUSING IN DISTRICT 1, East of Collier Blvd, off of US 41 : 2585 units AFFORDABLE HOUSING DISTRICT 1 — az C Air Per Collier County Growth Management Division CURRENT UNITS: Saddlebrook Village 140 units Santa Barbara/Whitaker 43 units College Park 210 units Carmen Drive48 units Whistlers Cove 240 units Crest Apts/Vencentian PUD 50 units Victoria Falls 110 units Dockside 44 units Trail Ridge 204 units* Regal Acres 295 units* Charlee Estates 122* *Habitat for Humanity Projects TOTAL: 1506 9001! rILja ['au4 pugo�wcut• CoSc (rotNc� ComrJ� 3.'iQ (K.tupc►'iQ' 1a211 (PC Dcnclobwcut 2ctArcca D!tcctot Cntartaut to 2cc• 3•S•YS• apall wrlq cwicuicut PC len epau lUecu Jact (12,) !u m!gtp' nulcaw otpctmlac abbu)Acq pa to accowulogarc couttutct!ou• urIlutcuaucc >Iruq tcbiaccuxur of ws!g atutctntaw• lu uo csac Mpcw nugctttonuq gtaluate ztulctncc: aw p2jullcq' tpr. cawacwcut Mlgtp ap*II PC a!TC1 etap! l!nrt!ou• DCAclobuuut 2cwccs D!tcctot of unu!wnw Ilgc alobca at a 1:1 tst!o' mltpont paqurnl!c gcd!tu of tpc glom rasa auq tpe naC of PsuX app!ysst!OU sbbtoAcq pa tpc Caacurcut !u cxcCdz o f tpC tcu Loot (10.) 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CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT A . KNOWN AS MARCO SHORES/FIDDLER'S CREEK FOR APPRO}IMA�'ELY 1385 ACRES MORE OR LESS OF PROPERTY FOR GOLF COURSE ANIRIPEN SPACE USES LOCATED IN SECTIONS 18, 19, AND 29, TOWNS$P 51 — I— SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AND AMENDING o PUD ORDINANCES NUMBERED 84-42, 96-42, AND 96-74 CH -n ESTABLISHED THE MARCO SHORES/FIDDLER'S CREEK PLANNESUNIT c DEVELOPMENT, TOGETHER WITH ALL SUBSEQUENT AMENDMENTS c THERETO BY PROVIDING FOR: SECTION TWO, AMENDMENTS TO SECTION I ENTITLED PROPERTY OWNERSHIP AND DESCRIPTION; SECTION THREE, AMENDMENTS TO SECTION 11 ENTITLED PROJECT DEVELOPMENT; SECTION FOUR, AMENDMENTS TO SECTION V ENTITLED RESERVE DISTRICT - FIDDLER'S CREEK; SECTION FIVE, AMENDMENTS TO SECTION VIII ENTITLED PARKS, UNIT 30, UNIT 24, BARFIELD BAY ItIF AND HORR'S ISLAND DEVELOPMENT AREAS; SECTION SIX, AMENDMENTS TO SECTION XI ENTITLED DEVELOPMENT STANDARDS; SECTION SEVEN, AMENDMENTS TO SECTION XII ENTITLED STIPULATIONS AND COMMITMENTS; AND SECTION EIGHT PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 12, 1984, the Collier County Board of County Commissioners approved Ordinance Number 84-42 establishing the Marco Shores Planned Unit Development; and WHEREAS, subsequent to said approval the Marco Shores PUD kas amended on several occasions; and WHEREAS, on July 23, 1996, the Marco Shores PUD was again amended by Ordinance Number 96-42 to add 22.9 acres to Unit 30 and to establish the Fiddler's Creek Area of said PUD; and WHEREAS, on November 26, 1996, the Board of County Commissioners adopted Ordinance Number 96-74 to add 690 acres to the Fiddler's Creek area of the Marco Shores PUD; and WHEREAS, George L. Varnadoe, Esquire of Young, van Assenderp & Varnadoe, P.A., representing D Y Associates Joint Venture, a Florida general partnership, petitioned the Board of 0 County Commissioners to further amend the Marco Shores/Fiddler's Creek Planned Unit Development, as amended. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier Words shaded are additions; words shnckthronEf► are deletions. County, Florida that: SECTION ONE: REZONE OF AGRICULTURAL AREA FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT The zoning classification of the real property described herein as set forth in Exhibit "A", IV attached hereto and incorporated by reference, located in Sections 18, 19, and 29, Township 51 0 South, Range 27 East, Collier County, Florida, as indicated on Official Zoning Atlas Maps numbered 171718, 1719, and 512728 is hereby changed from "A", Rural Agricultural to "PUD" in accordance with the Marco Shores/Fiddler's Creek PUD Document, as amended, and as further amended herein. Official Zoning Atlas Maps numbered 171718, 1719, and 51272:. as described in Ordinance 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: AMENDMENTS TO PROPERTY OWNERSHIP AND DESCRIPTION SECTION Section I entitled "Property Ownership and Description" of Ordinances numbered 8442, and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 1.3 PROPERTY OWNERSHIP The subject property, with the exception of Unit 30, is currently under the ownership of The Deltona Corporation, 3250 S. W. 3 Avenue, Miami, Florida 33129. A portion of Unit 30 (243f acres) has been developed as a resort golf course and is owned by Massachusetts Mutual Life Insurance Company.:Uother tract (43.01f acres) is owned by Southern States Utilities and is utilized as part of their wastewater treatment operations. The Collier County School Board owns a twelve (12) acre tract in Unit 30. The remainder of Unit 30 within the 9' Fiddlers Creek PUD is owned by GB��, 100, Inc., a Florida corporation and Parcel Z, Inc., a Florida corporation, jointly doing business as 951 Land Holdings Joint Venture, a Florida general partnership, hereinafter referred to as Developer. Unit 30 will be known as and referred to as Fiddlers Creek. 1.7 COMMUNITY DEVELOPMENT DISTRICT The developer of Fiddlers Creek has established a Community Development District ("CDD") for the property owned by developer within the Unit 30 portion of the Marco Shores PUD, together with the adjacent 22.9 acre parcel which was previously incorporated into Fiddlers Creek. The Developer of Fiddlers Creek may establish a Community Development District for the Fiddlers Creek M:fMM. As recognized by Development Order 84-3, as amended, a CDD constitutes a timely, efficient, effective, responsive and economical way to ensure the provision of facilities and infrastructure to Fiddlers Creek, including the additions thereto. The is amenable to infrastructure provision by a district that has the powers set forth in Chapter 190, F.S. (1995). Words am additions words o2 ack d tuns! are dcletiont. 2 SECTION THREE: AMENDMENTS TO PROJECT DEVELOPMENT SECTION Section II entitled "Project Development" of Ordinances numbered 84-42 and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: LAND USE SUMMARY MARCO SHORES PLANNED UNIT DEVELOPMENT LAND USE Unit 30 Unit 24 Isles of Capri Horr's Island Barfield W J S Creek MF Goodland Marina TOTAL Residential Multi- Family 142.30 105 889 28.80 12.10 289.09 Single -Family 0.00 Residential !1; 3f 881.96- 142.30 105.89 29.90 12.10 4 39 Business 33.62 12.60 7.44 1.70 55.36 Parks M$ Yh.fI�PI M, 23.89 13.20 32.30 4.10 117M -9'3-49 Recreation and open a" R -798.03 10.00 4,70 15.02 1i1 �t995 Schools 12 12.00 24.00 Utility 43.41 10.00 1 53.41 Comm. Facilities 6.03 2.00 9.03 Churches 5.00 1 5.00 Lakes 'Jit?x 43A 93 30.80 'l97Sx -460.H Roads -i P.11 23.60 1 10.60 0.30 1 0 0.81 wi -152#2 Other a= 16.07 5.54 0.44 TOTALPUD ACRES"" 4399-�I+ 277.57 7.44 142.89 49.04 14.54 15.83 MW 2886.42 Residential Units 6000 1 2544 300 1 314 1 72 1 9230 Development Tract De.ity an 2.55 9.17 2.10 L6.40 4.95 0.00 914,14. -33g *Not differentiated "Includes 243.97 acres of preserve ""Original PUD did not include 42t acres of preserve in acreage 2.4. MAXIMUM PROJECT DENSITY No more than a maximum of 9,230 residential dwelling units, single and multi -family, shall be constructed in the total project area. The gross project is 2886.42 acres. The gross project density, therefore, is 3:28 -f units per acre. The following is a summary of acreage, dwelling units and density of each of the development areas shown on the site development plans. Words #" are addition, words sti ack h ugh are deletions. 3 Development Area Acres Dwelling Unit Gross Densi Unit 90 i�¢c�Ciet�lf�e6�`t ���t�� 2,379. i 1• 6,000 1 .J 2-5 Unit 24 277.57 2,544 9.17 Isle of Capri 7.44 0 N/A Hores Island 142.89 300 2.10 Barfield Bay MF 49.04 314 6.40 John Stevens Creek 14.54 72 4.95 Goodland Marina 15.83 0 N/A 2,686..42 4-27`I"tl 9230 339 lfi 'Corrects original PUD which did not reflect 42 acres of preserve. 2.8 LAKE SETBACK AND EXCAVATION Within Fiddler's Creek, the lake setback requirements specified in the Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. All lakes may be excavated in accordance with the cross -sections set forth in the Settlement Agreement, as those cross -sections may be amended as provided in the r xyr"" . Settlement Agreement, except for Section H t tCN 1�, : 5 ) which shall be pursuant to the Land Development Code requirements. SECTION FOUR: AMENDMENTS TO RESERVE DISTRICT - FIDDLER'S CREEK SECTION Section V entitled "Reserve District - Fiddler's Creek" of Ordinances numbered 84-42 and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Passive recreational areas, boardwalks, including recreational shelters and restrooms. (2) Biking, hiking, and nature trails (excluding asphalt paved trails in wetlands). (3) Non -gasoline powered boating trails. (4) Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. (5) Roadway crossings and utility crossings as designated on the Master Plan. (6) Those activities reasonably necessary to effectuate the Fiddler's Creek Wildlife Words are addidonr, words shtick 8 rougi are deletion. 4 Habitat Enhancement and Management Plan adopted as mitigation for the United States Corps of Engineers Dredge and Fill Permit No. 7813-0683, as amended. (7) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. 8111 =111101 , 5.4 DEVELOPMENT STANDARDS A. Within Fiddlees Creek, with the exception of Section-13 NOWN a:S1 t , 1, all structures shall setback a minimum of five feet (51 from Reserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. Buffers shall be provided around wetlands in Section '13 Mali 1.�ii, extending at least fifteen feet (l5) landward from the edge of wetland preserves in all places and averaging twenty-five feet (25) from the landward edge of wetlands. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5). F. Minimum floor area - None required. 41 G. Minimum lot or parcel area - None required. H. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek Design Guidelines and Standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Words 1M are additionr, words strndrtlrron;h are deletions. p • SECTION FIVE: AMENDMENTS TO PARKS, UNIT 30, UNIT 24, BARFIELD BAY MF AND HORR'S ISLAND DEVELOPMENT AREAS SECTION Section VIII entitled "Parks, Unit 30, Unit 24, Barfield Bay MF and Horr's Island Development Areas" of Ordinances numbered 8442 and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to add two paragraphs entitled "Purpose" and "Uses Permitted" for the Fiddler's Creek Addition, Section 29, and to change the Section VIII title to read as fbdaw : SOMON Vfff PARKS, UNIT 30, UNIT 21, BARFIEL D RAY MFL AND H0Rit'5 . , ,::....,.H....:,... DEVELOPMENT AREAS �;, >`. !W�...n�:...: $ ctiltur � �ltidin "tt SECTION SIX: Section XI entitled "Development Standards" of Ordinances numbered 8442 and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 11.5 CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE All clearing, grading, earthwork and site drainage work shall be performed in accordance with the applicable state and local codes as modified in this document and by the Fill Agreement dated April 4, 1995, between Collier County and the Developer. The Settlement Agreement and the conceptual drainage plans submitted with this application along with the recommendations of the various review committees will be used as a guide to the final development of the drainage and road systems within the various development areas. Words l" ue additions; words its ack 0 tatigh are deletions. Pursuant to the Agreement between the Developer and Collier County dated April 4, 1995, land clearing, excavation, and filling may occur within Fiddler's Creek prior to platting, site development plan approval, or building permit issuance. Section H T6r,,JddQ` Creek AdAI'd "l was net covered by the Settlement Agreement or the Fill Agreement. Section 13 T tCPiddlei's GSree ' di btf shall be governed by the provisions of the Land Development Code, except as modified herein, without reference to the Settlement Agreement or Fill Agreement. 11,17 WATER MANAGEMENT Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer, except to the extent permitted by the Fill Agreement described in Section 11.5 hereof. A. FIDDLER'S CREEK SECTION 13 The following standards and stipulations shall apply to Section 13 of the Fiddler's Creek portion of the PUD: The perimeter berm for Section 13 shall meet Land Development Code requirements as to setbacks from the property line. Provisions for Section 13 to accept or pass through existing flows from culverts SIS-001-SO 150 and 180 under U.S. 41 shall be addressed by one or more of the following methods: a) Routing west along north line of Section 13 connecting to U.S. 41 outfall Swale No, 1. b) Routing south along east side of Section 13, and further south connecting to Fiddler's Creek spreader facility. c) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District (SFWMD). Within six (6) months of approval of the rezone of Section 13, Developer shall grant a "temporary" easement to accommodate the construction of U.S. 41 outfall Swale No. 1 along the west and north sides of Section 13, the profile of which she not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage Swale during said platting process, provided minimum flows are maintained. 4. Any other drainage easements required in Section 13 for the conveyance of off -site flows shall be dedicated and recorded within one (1) year of the approval of the rezone of Section 13, pursuant to the process set forth in 3 above. ll� �pLl�t'S'CR.E�,�S)~CTXON'S 18 A�'�T0�1;9 Words VA.AQ are additions, words is ockth oaah are deletions. 7 Fiddkea Creek portipn ot`tha-#'TJD; L Any perimeter berrrt 'or Sections 18 andjl9 s}tall`rneet Iwand Development Cod'itequ�rementassko, setbatrkalra`, pipps*)tne 2 a; The tcmpaza3�yeaserrienthall �tot�eaSs, e�gty,ftvC frret.($S'},t width` lit County Shall bG tGSpat)S1bIG Ox/ � pG�ttlttt Tqq.. ig 3ai mzs- tt tht and ctnstruct�ng an�tleeded outfall stctfct'ires t# e Cvtxntyestres; build'..t`hes fagilities ptio, to develRpxt4et}tFr:Cti[�ii� : c ThG abovoll. / subjec naget toFpermitttrig byy arouth to idayWate MamentDtstncK;("SFWS+U")F TL ___. P. t__ __ n_ __. •. . . .. .. . . _ c> oss 5ecf�ons 18 aiid 19 5, Any :;:temporary oWfall constructed:.bv'< 11.19 GENERAL LANDSCAPE DEVELOPMENT CONCEPT The development of all tracts shall be subject to the then current County regulations concerning landscaping. Special provisions for the possible preservation of selected vegetation are provided in the stipulations relating to Hores Island, Barfield Bay and John Stevens Creek development areas. Special procedures are anticipated to provide for the maximum possible preservation of native vegetation in these areas. A. Preservation and Reservation Areas: • Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately 245 ,.. acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC- A", and as regulated by Section V hereof. Other than incorporation into the approved Words adli' 1 are additions; words shock through are deletions. 8 drainage design or as allowed by permits :,,.,;, these areas will be left untouched, with the exception of the required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas. 11.21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER'S CREEK The following Subdivision Regulations from the Land Development Code ("LDC") shall be waived and modified as follows: A. Land Development Code §3.2.8.3.17.2 - Sidewalks will be constructed as shown on the roadway cross -sections attached as Exhibit "FC-F". At Developer's option, bikepaths may be substituted for sidewalks and sidewalks shall be optional for roadways with fifty foot (50) right-of-ways and that serve only one tract or parcel. B. Land Development Code §3.2.8.4.1 - The access requirements of this Section are waived and connections shall be as shown on the Master Plan. C. Land Development Code §3.2.8.4.3 - Block lengths shall be as shown on the Master Plan, D. Land Development Code §3.2.8.4.16.5 - Right of way widths shall be as shown on the roadway cross -sections attached as Exhibit "FC-F". E. Land Development Code §3,2.8.4.16.6 - The length of dead-end streets or cut -de -sacs shall be as shown on the Master Plan. F. Land Development Code §3.2.8.4.16.9 & .10 - The minimums of these sections are waived and these tangents shall be as depicted on the Master Plan, except for Section H. As to Section H RON Addition, the minimum of these sections may be waived administratively at time of PSP or development plan submittal with justification based on design speed. G. Land Development Code §3.2.8.3.19 - Developer reservbs the right, subject to approval of Collier County Transportation Department, to seek substitutes for traffic and street signs within the boundaries of Fiddler's Creek. H. Land Development Code §3.5.7.1 - Excavation setback distances may be reduced by the Collier County Engineering Review upon demonstration by Developer that traffic safety considerations are addressed. I. Land Development Code §3.5.7.2 & .3 - Excavation side slopes and depths shall be in accordance with the aforementioned Settlement Agreement, except for Section 1.3 t ;ddi which shall be in accordance with Division 3.5 of the Land Development Code. J. Land Development Code §3.2.8.4.16,12.d - The pavement surface coarse thickness shall be as shown on roadway cross -sections as Exhibit "FC-F", except for Section +5 th4, tdd s, t ;'yl (i# p where pavement surface course thickness shall be pursuant to Appendix "B" of the Land Development Code. 11,22 SIGNS IN FIDDLER'S CREEK All signs in Fiddler's Creek shall be in accordance with Division 2.5 of Collier County's Land Development Code, as the same may be in effect at the time of Site Development Plan approval, with the following exceptions: Words, are additions: words strnck through are deletions. 9 A. Permanent Community Signage Project Identification Signs - Two ground, wall, or gate project identification signs may be located at each entrance to the development, subject to the following requirements: (a) Such signs shall only contain the name of the development and any symbol or icon identifying the development, and shall not contain any promotional or sales information. (b) Project identification signs shall not exceed sixty (60) square feet each, excluding mounting surfaces or structures. Where signage is affixed or an integral part of a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No project identification signs shall exceed the height of ten feet (10') above the finished ground level of the sign site. Boundary Monument Signage - Project monument signs may be located at or near each boundary of the project on S.R. 951 and U.S. 41, provided that no such sign shall exceed twelve (12) square feet, excluding mounting surfaces or structures, and further providing that all other requirements of 11.22A.1) are met. Tract Identification Signs - Each tract containing a different use may have at each entrance or in other approved location an identification sign not more than six feet (6) in height and thirty-two (32) square feet in area, provided the requirements of Section 11.22A.1) not in conflict herewith are met. 4. Directional Signs - At each intersection in the development, four (4) square foot directional identification signs are permitted for each separate use being identified for directional purposes. One sign may incorporate all uses being identified, shall maintain a common architectural th6me, such sign shall not exceed six feet (6') in height and twenty (20) square feet in area, and shall meet the requirements of Section 11.22A.1) not in conflict herewith. B. Temporary or Promotional Signage - These signs are to direct prospective purchasers and identify the various projects being developed. One development announcement sign may be erected on each project street frontage for each tract or parcel, identifying the proposed project or project under construction, subject to the following requirements: (a) There shall be no more than two (2) signs per tract, parcel or project. (b) Such signs shall not exceed sixty (60) square feet in area, excluding mounting surfaces or structures. Where such signage is attached or affixed to a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height • restrictions. (c) No development announcement signs shall exceed ten feet (10) above the finished grade of the sign site. 2. Residential Lot Signs - Individual residential lots may be identified by a sign not to exceed two (2) square feet or protrude more than three feet (3) above Words OOW arc additions; words sh tick 0hron;lr are deletions. 10 the finished grade of the lot, provided such sign shall only contain the following information: lot number, name of owner or builder, and telephone number for contact, and shall comply with the requirements of Section 11.22.B.1) not in conflict herewith. 3. Residential Construction Lot Signs - During the construction phase on any residential lot, a temporary sign identifying the owner, builder, lot number, and phrase such as "the new home of _" may be erected, subject to the following requirements: (a) Such signs shall not exceed six (6) square feet in area or protrude more than four feet (4) above the finished grade. (b) Such signs shall meet the requirements of Section I1.22B.1) not in conflict herewith. SECTION SEVEN: AMENDMENTS TO STIPULATIONS AND COMMITMENTS SECTION Section )GI entitled "Stipulations and Commitments" of Ordinances numbered 84-42 and 96- 74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 12.1 STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD A. Conditions Recommended by Environmental Advisory Board ("EAB") (1) Staff recommends approval for all development areas of Rezone Petition R- 84-7C with specific regards to PUD Zoning Classification. (2) Staff recommends Conceptual Drainage Approval of the following development areas: (a) Fiddler's Creek (b) Unit 24 (c) Goodland Marina (3) Resubmission to EAB for Conceptual Drainage approval for the Isle of Capri Business Tract and the unique development areas of Hores Island, Barfield Bay Multi -family and John Stevens Creek will be required that includes site specific information and coordination of recommendations made by the County Environmentalists in Memorandum dated April 27, 1984 as may be amended and endorsed by EAB. (4) Detailed site drainage plans for all development areas shall be submitted to the EAB for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the county Engineer and the Environmental Advisory Board. (5) Detailed site drainage plans showing the effectiveness of the golf course lake system and the extent of the water management system, including spreaders, that will be constructed as part of the initial phase shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the Words are additionr, words slink 0 cough are deletions, 11 submitted plans is granted by Project Review Services. (6) Historically, off -site flows have been and continue to be routed through the easterly portion of the proposed development. Should the existing routing of off -site flows be impacted by the initial proposed development, provisions shall be made for re-routing and/or continuing to allow historic off -site flows to pass through the initial phase proposed for development. (7) Based on prior commitments, Ordinance 88-26 is to apply except as Section 8 thereof is modified by the approved "Conceptual Drainage Plan, Marco Shores Unit 30", Sheet G-1, dated January 1984, "Typical Lake Section", with respect to lake slopes and depths, and further, the lake setbacks from abutting rights -of -way will not be required provided safety barriers (which may include landscaping with berms) are utilized to the extent that such setbacks are not met, nor will the restoration requirements contained in Subsection F. apply. The above does not apply to Section-i3 i`E`ds�1ec's OiRWd4io"I which she meet the requirements of Division 3.5 of the Land Development Code. 12.2 STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD ("EAB") A. Stipulations To Rezoning of Category I Lands: Fiddler's Creek, Unit 24, Isle of Capri, Goodland Marina (1) Native Vegetation and Habitats (a) During development Deltona will fill all areas of Unit 24 under an elevation of six feet and construct the roads, lake, and other water management facilities as proposed on the conceptual plan for both those areas under and over the six foot contour. (b) Following this a vegetation survey of the remaining unaltered areas of Unit 24 will be prepared by Deltona and submitted to the County Environmentalist. (c) The County Environmentalist will use the vegetation survey and work With Deltona or the architects hired by future owners of multi -family lots of Unit 24 to arrive at a final building and parking lot layout that would minimize the eestruction of remaining undisturbed native vegetation. (d) Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately i43 R acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC-A", and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allowed by permits, these areas will be left untouched, with the exception of the • required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas. (2) Archaeological Resources (a) The Developer of each of the above described projects will design and implement a plan so that if an archaeological site or artifact is Words jt ue sdditionr, words s!rock A! roeah are deletions. 12 uncovered during site clearing, grading, or excavation, construction in that location will be stopped for a sufficient length of time to give both Developer's archaeological consultant and/or one selected by the Environmental Section to assess the find and determine whether excavation is necessary. (b) The Environmental Section or its selected consultant will respond to such a find in a timely manner so that construction is not unnecessarily delayed. (c) Prior to any work in the Goodland Marina area, the Environmental Section, with the assistance of selected local archeological assistance, will survey the development area to determine the validity of reported sites in that vicinity. (d) If a significant site is discovered, the Environmental Section will coordinate the excavation of the site, consistent with Developer's construction schedule, to remove any significant artifacts. (3) Water Resources - Quality (a) To ensure sufficient treatment of water runoff from development areas, final water management plans will retain and treat all runoff in development area swales and/or lakes prior to discharge from lakes through spreader waterways. (4) Water Resources - Quantity (a) Final water management plans, control structure elevations, lake levels, etc., are to replicate, as closely as possible, the seasonal pattern of water discharge as necessary to comply with the applicable requirements of the South Florida Water Management District and the Settlement Agreement, except for Section—I3 0mdiytF{`rtrit Addition, which shall comply with the applicable requirements of South Florida Water Management District and Collier County. (b) Water will be retained on site during the natural dry season and will be discharged at a rate similar to pre -development conditions during the wet season pursuant to the applicable requirements of the South Florida Water Management District and the Settlement Agreement, rli' i � � ;� 7�i.': except for Section 3 0 { if t C CR ddtt tyti, which shall comply with the applicable requirements of South Florida Water Management District and Collier County. 12.4 STIPULATIONS AND COMMITMENTS - UTILITIES A. Wast4 Water Management (1) Under the franchise modification, as provided for below in "2" and this Section, Deltona, through Deltona Utilities, Inc., shall assume responsibility for constructing and operating additional wastewater treatment collection and disposal facilities and necessary to provide sewer service to the Marco Development areas, and to those areas known as Unit 24 and Unit 27. (2) The Board of County Commissioners hereby authorizes Deltona to undertake the responsibility for sewer service, as provided in "1" of this Section, by granting the following modification to Deltona's Sewer Franchise Agreement, Words i{ffit eft are additions; words sknekthtoagit are dOctions. 13 dated April 27, 1971 and recorded in the public records of Collier County in Official Records Book 401, Page 304 et seq. (the "Sewer Franchise Agreement:): (a) The sewer franchise area is hereby modified by deleting therefrom all property that is not designated as "Development Area" under the Marco Agreement and substituting therefore all property, not presently within the sewer franchise area, that is included within such iDevelopment Area. (b) Not withstanding this modification to the Sewer Franchise Agreement, Collier County shall provide sewer service to those areas known as Unit 24 and Fiddler's Creek, provided Collier County has the capability and has committed to provide such sewer service prior to commencement by Developer of construction of any additional sewage treatment facilities to serve such areas. (c) With respect only to those areas known as Unit 24, Developer shall dedicate all sewage collection facilities to Collier County at the time such areas are platted or replatted (whether or not the plats or replats are identified as Unit 24). Simultaneously with such dedication(s), Collier County shall lease the collection facilities back to Developer; alternatively, Collier County may commit to provide immediate sewer service to the platted area, as provided in "b" above. In the event the collection facilities are leased back to Developer, the lease shall be on the following terms and conditions: (1) Lease Term - The lease term shall commence from the date of platting and continue uninterrupted for 30 years or until Collier County purchases the sewage treatment facilities as provided for in "d" below, whichever first occurs. (2) Annual Rent - $1.00 per annum payable annually in advance. (3) Lessee's Rights - Lessee shall have the right to use and operate the sewage collection system, and during the lease term, all connections to the system shall be customers of the lessee. Customers outside the Deltona Franchise Area but served through this facility shall be customers of the County. (4) Lessee's Obligations - Lessee shall have the responsibility to provide sewer service to the areas served by the sewage collection and lessee shall maintain and repair the sewage collection system so that upon termination of the lease, the system will be turned over to Collier County in good condition, reasonable wear and tear expected. (5) Other Provisions - The lease shall contain such other provisions as are typically included in commercial net leaseback agreements as Developer and Collier County shall deem reasonable and appropriate. (d) In addition to any other rights of Collier County to purchase the sewer system, as provided in the Sewer Franchise Agreement, Collier County shall have the option at any time, upon twelve (12) months prior notice to Deltona, to purchase the sewage treatment facilities serving Unit 24. In the event Collier County exercises this option, the Wordy are addiUonr, words asrmk threr:sir arc delc4ona, 14 purchase price shall be determined by adding: (1) The amount of Deltona's investment in the sewage treatment facilities serving such Units less any salvage value of the treatment facilities (if Collier County does not desire to take title to such treatment facilities) and less any portion of Deltona's investment previously recovered from Customer credit impact fees to be collected by the County and returned to Deltona as a credit and (2) any accumulated net operating loss attributable to that portion of the sewer system occurring during that period commencing after 100 customers have been connected to the system through the date of closing. (e) Either the` Collier County Utilities ?1 " a ►et D i#rit t ot` other central provider shall provide all wastewater treatment services to that part of Fiddler's Creek owned or developed by Developer. (f) It is anticipated that Developer will use treated wastewater effluent to meet the non -potable water demands for Unit 24. The effluent distribution lines will be dedicated to Collier County at the time of platting, and in the event Developer leases back the sewage collection system as provided for in (2) above, the effluent distribution lines will be included in the leaseback. (g) Deltona shall be required to locate the construction of a regional sewage facility in the general location of Unit 30. B. Water Supply and Treatment and Distribution (1) The County Water -Sewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lying within any non -franchised areas. (2) All plans and specifications for transmission and distribution facilities proposed for the areas under this petition shall be reviewed by the Utilities Division for conformance with current subdivision requirements and Utilities Division standards for construction. (3) All transmission and distribution facilities Within the non -franchised areas shall be dedicated to the County Water -Sewer District prior to being placed into service. (4) All water users in the non -franchised areas shall be County customers. (5) Prior to the issuance of building permits for new water demanding facilities, the applicant for the building permit shall pay an appropriate system development charges applicable at the time application for the building permits are made. 12.7 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS A. No filling of the east -west canals/ditches contained on the 22.9 acre parcel described on page 7 of Exhibit "FC-C" hereof shall occur prior to the removal of exotics from the Preserve parcel located between Parcels 1 and 49 as depicted on Exhibit "FC-A" hereof Words jWid are additions; words simck H tovsfi arcdeletions. 15 0 0 B. If the development activities in Fiddler's Creek are the cause of flooding in the Port - Au -Prince Project, Developer shall take immediate corrective action. C. Agricultural uses shall continue to be permitted on the undeveloped portions of Fiddler's Creek lying within., SECTION EIGHT: EFFECTIVE DATE This Ordinance shall become effective at such time as its supporting comprehensive plan amendment, Ordinance Number 98-112— becomes legally effective as provided by Subsection 163.3189(2)(a), Florida Statutes (1995). PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 42�_ day of . 1998. ATT,EST:......... DWiGHT E. BRO' M CLERK 00, APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJ M. STUDENT ASSISTANT COUNTY ATTORNEY d:\USERSV-ANA\WPs I\FIDDLER.Aa\PUD.ORD February 18, 1998 Words p areadditions, words stnxk . mZ1t arc deladons. 16 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This ordinortce flied with the *rotary of $t, pte's Off jmplr day of , and acknowiodgement of that fili received this a�� day Of I= I By o.vu,r C EXHIBIT "A" LEGAL DESCRIPTION ALL OF SECTION 18, LYING SOUTH AND WEST OF U.S. 41 AND ALL OF SECTION 19 AND THE NORTH 1/2 OF SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [1,384.72 acres] 0AUSERV ANAMPS 1\FIDDLERAo\LEOAL. PAGE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL LAND USE DISTRICT 3-1 DEVELOPMENT (FIDDLER'S CREEK) SECTION IV MULTI -FAMILY RESIDENTIAL DEVELOPMENT 4-1 SECTION V RESERVE DISTRICT (FIDDLER'S CREEK) 5-1 SECTION VI BUSINESS DEVELOPMENT 6-1 SECTION VIA ISLE OF CAPRI COMMERCIAL DEVELOPMENT 6A-1 AREA SECTION VIB ISLE OF CAPRI COMMERCIAL DEVELOPMENT 613-1 AREA STIPULATIONS AND COMMITMENTS SECTION VII GOLF COURSE AND CLUB CENTER 7-1 DEVELOPMENT SECTION VIII PARKS AND RECREATION DEVELOPMENT 8-1 SECTION IX UTILITY/ELECTRIC DEVELOPMENT 9-1 SECTION X MARINA DEVELOPMENT 10-1 SECTION XI DEVELOPMENT STANDARDS I 1-1 SECTION XII STIPULATIONS AND COMMITMENTS 12-1 EXHIBIT "A" MASTER PLAN EXHIBIT "B" LOCATION MAP EXHIBIT "C" LEGAL DESCRIPTION OF DEVELOPMENT TRACTS EXHIBIT "D" 11APROVEMENT ESCROW AGREEMENT EXHIBIT "E" LETTER OF COMMITMENT words JAKM are additional words struckth reaglr are deletions. • EXHIBIT "FC-A" FIDDLER'S CREEK MASTER PLAN EXHIBIT "FC-C" LEGAL DESCRIPTION OF FIDDLER'S CREEK EXHIBIT "FC-F" FIDDLER'S CREEK ROADWAYS CROSS -SECTIONS EXHIBIT "FC-G" AIRPORT OVERLAY ZONE Words M"M are oddltionsi words attack-thromyl are deletions. SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION It ' •1**0 The purpose of this Section is to set forth the location and ownership of the property, and to • describe the existing conditions of the property proposed to be developed under the project name of MARCO SHORES PLANNED UNIT DEVELOPMENT. The development is comprised of several geographic areas generally referred to as Unit 30, Unit 24, Isle of Capri, Barfield Bay Multi -family, John Stevens Creek, Horr's Island (Key Marco), and Goodland Marina. The legal description for these parcels will be found in Exhibit "C" to this document. The subject property, with the exception of Unit 30, is currently under the ownership of The Deltona Corporation, 3250 S. W. 3 Avenue, Miami, Florida 33129. A portion of Unit 30 (243t acres) has been developed as a resort golf course and is owned by Massachusetts Mutual Life Insurance Company. Another tract (43.01f acres) is owned by Southern States Utilities and is utilized as part of their wastewater treatment operations. The Collier County School Board owns a twelve (12) acre tract in Unit 30. The remainder of Unit 30 within the Fiddler's Creek PUD is owned by 6$1 100, Inc., a Florida corporation and Parcel Z, Inc., a Florida corporation, jointly doing business as 951 Land Holdings Joint Venture, a Florida general partnership, hereinafter referred to as Developer. Unit 30 will be known as and referred to as Fiddler's Creek. i-I 1 "KA a • R 1:5 10► • U Ro) ORO WEIR A. Marco Shores Planned Unit Development lies in and north of the present existing community of Marco Island. The project areas have been defined in a Stipulation for Dismissal and Settlement Agreement (herein "Settlement Agreement") between The Deltona Corporation and federal and state agencies, Collier County, and various conservation groups. That Settlement Agreement was dated July 20, 1982, and provides for the development of the areas defined in this document as well as provision for a minor amount of development of single-family lots presently platted on the west shore of Barfield Bay on Marco Island. The total area of development included in this planned unit development project is 2133.22 acres. The Unit 30 and Unit 24 development areas are on the mainland north of Marco Island and both front on State Road 951. The Unit 30 area extends to the east and north and fronts on U.S. Words NOW, are addltlonsf words attack revg! are deletions. I - I Highway 41. The Isle of Capri business tract is located on the northwest corner of the intersection of State Road 951 and 953. The Barfield Bay Multi -family, John Stevens Creek and Goodland Marina development areas are located in the eastern section of Marco Island and occupy areas previously platted into residential property but not developed due to environmental constraints. Hores Island (Key Marco) is a separate island south of but immediately adjacent to the Barfield Bay Multi -family area in the eastern portion of Marco Island. B. Various current zoning classifications are applicable to the separate areas of the development. Unit 30, Isle of Capri, and Hores Island development areas are currently zoned Agricultural with some ST overlay classification. Unit 24, Barfield Bay Multi -family, John Stevens Creek and Goodland Marina areas are currently platted And zoned as Residential Property with some ST overlay. 12111FIRM toy The Unit 30 development tract is flat pineland gently sloping to the south. Typical elevation of the property is approximately 4-1/2 feet above mean sea level. The southern boundary of the tract has been established by federal and state agencies as the northern limit of the adjacent impounded wetlands in the area east of State Road 951. The Unit 24 development area is comprised of some impounded wetlands and pine and palmetto vegetation established on land reaching an elevation in some spots to 8 feet above mean sea level. The boundaries of this development tract have been established by state and federal agencies as the landward limits of the valuable mangrove wetlands in the area. Isle of Capri business tract is comprised of an upland area that previously has been used as a dump site as well as some fringing wetlands. The development boundary of this site has been established by state and federal agencies. Barfield Bay Multi -family and John Stevens Creek areas are comprised of large areas of scarified land where the high ridge fill has been removed in past years. The fringes to these areas are composed of hammock vegetation. Goodland Marina site has been a historic dump site in the Goodland area. Some wetland areas have been approved for development to allow this water related recreational facility. The waterward boundary of this Tract has also been established by state and federal agencies. How's Island (Key Marco): This island is characterized by a high ridge reaching to 38 feet above sea level. Historic occupation of this island has variously used it for pineapple plantations and other farming. The natural hammock vegetation however has been reestablished on these farmed areas. The island is characterized by steep side slopes and high Words Nh_JM" ere additions; words alrvak H reagh are deletions. 1-2 central spine elevations. Water Management for the proposed project will be as conceptually described in the state - federal agreement as modified by stipulations included in this document as a result of a detailed review by the Water Management and Environmental Review Committees. is The Unit 30 portion of the Marco Shores PUD is now known as and shall be referred to hereinafter as Fiddler's Creek. • u�ul 1►I ti�i'i�T�iTmi7C•Tti�i�.�ii71;�l�:ifi>1i The developer of Fiddler's Creek has established a Community Development District ("CDD") for the property owned by developer within the Unit 30 portion of the Marco Shores PUD, together with the adjacent 22.9 acre parcel which was previously incorporated into Fiddler's Creek. The Developer of Fiddler's Creek may establish a Community Development District for the 690 aci es b6nis added to Fiddler's Creek ddt[i As recognized by Development Order 84-3, as amended, a CDD constitutes a timely, efficient, effective, responsive and economical way to ensure the provision of facilities and infrastructure to Fiddler's Creek, including the additions thereto. Thetis amenable to infrastructure provision by a district that has the powers set forth in Chapter 190, F.S. (1995). Korth IRM are additions; words struck -t nough are deletions. 1 - 3 SECTION H PROTECT DEVELOPMENT r ' 1:'• The purpose of this Section is to delineate and generally describe the project plan of . development, the respective land uses of the tracts included in the project, as well as the project criteria for MARCO SHORES PLANNED UNIT DEVELOPMENT. A. Regulations for development of MARCO SHORES PLANNED UNIT DEVELOPMENT shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable section and parts of the "Collier County Land Development Code". B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in "Collier County Land Development Code". A. The project site plan, including layout of streets and land use of the various tracts, is illustrated graphically by Exhibit "A", Master Plan, for all areas other than Unit 30, Fiddler's Creek. The development tracts are illustrated individually and each development tract includes various land uses. A summary of the land uses in each development area is summarized on the table below. B. Areas illustrated as lakes on the site development plan shall be constructed as lakes and the interconnecting waterway systems. In Unit 24, these lakes provide the necessary fill to elevate the development tracts for their assigned uses. The detailed lake system construction plan shall be approved by the appropriate county and regional agencies prior to commencement of construction. The remaining development tracts vidll be filled to design elevation by the importation of off -site fill. C. In addition to the various areas and specific items shown in the development site plans, such easements (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. D. The PUD Master Plan for Fiddlees Creek Exhibit "FC-A" (this Exhibit supersedes the Marco shores Master Plan Exhibit "A"), is attached hereto and made a part hereof by reference. The land uses in Fiddler's Creek (Unit 30) are included in the Land Use Words tJFM are additions; words strack titang! are deletions. 2-1 *0#'Orf&W PUD did not include 42-+ acres of preserve in acreage 2.4. No more than a maximum of 9,230 residential dwelling units, single and multi -family, shall be constructed in the total project area. The gross project is 2886,42 AM acres. The gross project density, therefore, is 3z9 W units per acre. The following is a summary of 10 acreage, dwelling units and density of each of the development areas shown on the site development plans. Development Area' Acres Dwelling Unit Gross Densit 6a`dtiter'rCreeic 3�7c3 2-339 I-i 6,000Sq 2-55 Unit 24 277.57 2,544 9.17 Isle of Capri 7.44 0 NIA Horr's Island 142.89 300 2.10 Barfield Bay MF 49.04 314 6.40 John Stevens Creek 14.54 72 4.95 Goodland Marina 15.83 0 NIA 2,88�6.4�-'2g 9230 372�6yy *Corrects original PUD which did not reflect 42 acres of preserve. A. Prior to the recording of the Record Plat, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the Plan of Development, the County Subdivision Regulations and the platting laws of the State of Florida. If exceptions to the Subdivision Regulations are requested for any plat, those exceptions shall be reviewed and approved by the Subdivision Review Committee. B. Exhibit "A" - Master Plan, constitutes the required PUD Development Plan and the (fords MAW are additionsr words etc oak —tfireagR are deletions. 2-3 Subdivision Master Plan. Subsequent to its approval, the Final Site Plans and Final Subdivision Plat shall be submitted for approval. Exhibit "FC-A" - Fiddler's Creek Master Plan constitutes the PUD Development Plan for the property described in Exhibit "FC-C" hereof. When site plan approval is required by this document, the following procedure shall be followed: A. A written request for site plan approval shall be submitted to the Development Services Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. A. When the developer sells an entire Tract or a building parcel (Fraction of Tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Development Services Director for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. B. In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.7A in fractional parts to other parties for development, the subsequent owner shall provide to the Development Services Director for approval, prior to development of the tract by the developer or prior to the sale to a subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the square footage assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. C. The developer of any tract must submit a Conceptual Site Plan for the entire tract in accordance with Section 2.6 of this document prior to Final Site Development Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract if a Final Site Plan is submitted and approved for the entire tract. Words are additionsf words straeie-Htavgh are deletions. 2-4 D. The developer of any tract or building parcel must submit, prior to or at the same time of application for a building permit, a detailed site development plan for his tract or parcel in conformance with the Land Development Code requirements for site development plan approval. This plan shall be in compliance with any approved Conceptual Site Plan as well as all criteria within this document. E. In evaluating the fractionalization plans, the Development Services Director's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable amount of building square footage and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. F. If approval or denial is not issued within twenty (20) working days, the submission shall be'considered automatically approved. G, In the event the Developer violates any of the conditions of this PUD Ordinance, or otherwise fails to act in full compliance with this PUD Ordinance, the County shall, pursuant to the notice and hearing requirements of this Section: Stay the effectiveness of this PUD Ordinance; and 2. Withhold further permits, approvals and services for development. The above County actions shall apply to the tract or parcel, or portion of the tract or parcel, upon which the violative activity or conduct has occurred. As a prerequisite to such action, the Board of County Commissioners shall conduct a public hearing, following notice as provided below, to consider the matter and adopt a resolution finding that such a violation has occurred. If a violation takes place, the County shall give the violator written notice by certified mail, return receipt requested. Said notice shall state the following: The nature of the alleged violation; and 2. The tract or parcel, or portion of the tract or parcel, upon which the violative activity or conduct has occurred; and That the violation must be cured within fifteen (15) days of the date of the notice, unless it is not curable within fifteen (15) days in which event the violator will so advise the County in writing within seven (7) days of receipt of this notice; and That if the violation is not cured within such time period, the Board of County Words JXFM are additions; words stmek-Mreegh are deletions. 2-5 Commissioners shall hold a public hearing to consider the matter; and That the hearing must be held no less than fifteen (15) days nor more than thirty (30) days from the date of the notice. In the event that the violator advises the County that the violation is not curable within the fifteen (15) day period, the violator's commencement of diligent, good faith • efforts to cure said violation within this period shall obviate the need to hold the public hearing. The PUD Ordinance shall remain in full force and effect during the pendency of the cure period. In the event the violator fails to commence diligent good faith efforts to cure or to pursue the curative action to completion within a reasonable time as determined by the County, the County shall give written notice as set forth herein. The provisions of this Section shall apply to violation by the Developer, its agents, grantees, successors or assigns. For purposes of this Section, the word "tract" or "parcel" shall be defined to mean any area of development created by plat or otherwise delineated as a separate development area. :►t10. r V•► Within Fiddler's Creek, the lake setback requirements specified in the Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. All lakes may be excavated in accordance with the cross -sections set forth in the Settlement Agreement, as those cross -sections may be amended as provided in the Settlement Agreement except for which shall be pursuant to the Land Development Code requirements. wz�• 515141611 • .: Within Fiddler's Creek, lands within project rights -of -way may be utilized for landscaping, decorative entranceways, gates, gatehouses, and signage subject to review and administrative approval of the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any such installations. Standards for roads within Fiddler's Creek shall be in compliance with the applicable provisions of the Collier County Land Development Code regulating subdivisions, unless otherwise modified, waived, or excepted by this PUD or as approved during the platting Words SAW are additionsp words at-reek-tlNeov are deletions. 2-6 �i process. The Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2, Section 3.2.7.2 of the Land Development Code. The Developer also reserves the right to install gates, gatehouses, and other access controls on all project roadways. i �t� i � � 1vY � i ► �/ rye i \ti lr Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Fiddler's Creek. The following standards shall apply: A. Landscape berms over two feet (2) in height shall have the following maximum side slopes: (1) ,Grassed berms 3:1 (2) Ground covered berms 2:1 (3) Rip -Rap berms 1:1 (4) Structural walled berms - vertical When the provisions of 2.11 A are utilized, native shade trees shall be planted twenty- five feet (25) on center, along the exterior side of the berm, equal in height or greater than the completed height of the berm. B. Fence or wall maximum height: six feet (6), as measured from the finished grade of the ground at the base of the fence or wall, except that an eight foot (8) fence or wall may be permitted, with the approval of the Development Services Director, at the perimeter of the project, where the project uses would be proximate to dissimilar uses. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the wall or fence shall not exceed six feet (6) in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed four feet (4) in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). C. Landscape buffers, berms, fences and wails may be constructed along the perimeter of the Fiddler's Creek portion of the PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. D. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall not be subject to the height limitations set forth under 2.11 B, and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control Words are additions; words stz ok—t?reagt are deletions. 2-7 structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. E. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers in accordance with Collier County Land Development Code Division 2.4 Landscaping and Buffering. 2.12 MARCO ISLAND EXECUTIVE AIRPORT The following provisions are applicable to the Fiddler's Creek portion of the PUD only. A. Collier County has adopted special regulations for specified areas in and around the airports in Collier County in the form of Airport Overlay Zoning Districts. Some of the property within Fiddler's Creek is within the Airport Overlay District adopted for Marco Island Executive Airport ("APO"). This Airport Overlay Zoning District concept is codified as Section 2.2.23., Land Development Code. B. Notwithstanding any other provision of this Ordinance, there shall be no uses or structures within that part of Fiddler's Creek owned by developer that conflict with the height restrictions depicted on Exhibit "FC-G", which portray the applicable provisions of Part 77, Federal Aviation Regulations, applicable to this other than utility non -precision instrument approach airport having visibility minimums greater than 3/4 of a statute mile, or provisions of Section 2.2.23., Land Development Code, relating to land uses, as it exists on the day of approval of this Ordinance. C. Developer shall give notice of the existence and restrictions of Section 2.12B by noticing the same, along with Exhibit "FC-G", in the restrictive covenants for Fiddler's Creek and by providing notice thereof in its contracts for the sale of property and residential units within Fiddler's Creek. r 1313 10 " • Some properties within the Fiddler's Creek portion of Unit 30 may be governed by recorded covenants, conditions or restrictions which will limit types of structures and specify development standards that are more stringent than those specified in this PUD document. Words #)AM are addltlonsl words &treek-N*rang! are deletions. 2-8 SECTION III RESIDENTIAL LAND USE DISTRICT FIDDLER'S CREEK . The purpose of this Section is to identify permitted uses and development standards for areas within Fiddler's Creek designated on Exhibit "FC-A" as Residential - "R". Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. u :.� 5Hl MA N J0411101CRIJ011 A maximum number of 6000 residential dwelling units may be constructed on lands designated "R", R �t►i :: a : IWIES391 Areas designated as "R" on the Fiddler's Creek Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Conceptual Site Plan approval or Preliminary Subdivision Plat approvals. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. „Irrr bit :.1I r: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: (1) Single Family Detached Dwellings. Words NYINN are addltlonsi words serve*-ehreagh stw dslotions. 3-1 (2) Single Family Patio and Zero Lot Line Dwellings. (3) Two-family and Duplex Dwellings. (4) Single Family Attached and Townhouse Dwellings. (5) Cluster Housing 9 (6) Multi -Family Dwellings including Garden Apartments. (7) Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to Me Multi -family Development Standards set forth in Table I. (8) Model Homes and Sales Centers, as provided in Section 3.6. (9) Group Care Facilities (Categories I and II), and Family Care Facilities only on Parcels 12, 21, 22 and 23, Exhibit "A". (10) Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. B. Accessory Uses and Structures: (1) Accessory uses and structures customarily associated with principal uses permitted in this district. (2) Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. A. Table I sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1 - 4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek design guidelines and Words NOW are additions) words struck tRteagh are dslations. 3-2 standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Plan approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the Settlement Agreement and the overall Master Plan. F. Off-street parking required for multi -family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. G. Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to the requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. H. Property abutting RSF-3 zoned land shall have a fifty foot (50) minimum setback from the PUD boundary and a Type "B" buffer as specified in LDC Subsection 2.4.7.4. I. Parking for pool and recreational areas within residential development tracts shall be at a minimum of two (2) spaces for each fifty (50) dwelling units. Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to pavilions, gazebos, parking areas, tents, and signs shall be permitted principal uses in this and Sections VI and VII, as those sections relate to Fiddler's Creek, subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Words MUM are additions; words attack thradva are deletions. 3-3 Article 3, Division 3.2, Section 3.2.6.3.6 of the Collier County Land Development Code. The development standards for ACLF units and other permitted Group Care units shall be as set forth for multi -family dwellings. The maximum density for ACLF and other types of elderly care/group care housing shall be 26 units per gross acre. Words #AM are additionsi words struck-thgongh are deletions. 3-4 *2: Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3: Single family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to five feet (5) for the garage and fifteen feet (15) for the remaining structures. *4: Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5: Mink= lot width may be reduced by fifty percent (50%) for cul-de-sac or curved frontage lots provided minimum lot area requirement is still maintained, and minimum lot widths are obtained at front of the buildable area when setbacks are applied. 6: Zero feet (0') or a minimum of five feet (5) on either side except that where the zero foot (0) yard option is utilized, the opposite side of the structure shall have a ten foot (10) yard, or a minimum of ten feet (101 of separation between structures shall be maintained at all points. *7: Maximum height of structures shall be ten (10) stories or one -hundred feet (100), whichever is greater. *8: Structures over four (4) stories and fifty feet (5(Y) in height shall be set back a minimum of the building height from (a) PUD boundaries, except where the boundary is abutting state owned conservation land, or where the PUD abuts rural designated land; and (b) where the abutting land use (on a separate tract) is a single family, attached or detached, dwelling unit. Words are additions) words etmak-threagh are deletions. 3-6 SECTION IV MULTI -FAMILY RESIDENTIAL DEVELOPMENT MAP DESIGNATION "MF" UNIT 24, BARFIELD BAY MF, JOHN STEVENS CREEK • AND HORR'S ISLAND DEVELOPMENT AREAS The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Low Density Multi -Family Residential - Map Designation "MF". Detailed architectural site plans will be developed when appropriate and must be approved by the proper County agencies as in conformance with the Final Development Plan and the PUD document prior to the issuance of any construction permit. :.41u1 1►i s .1 1► 1�1 A maximum number of multi -family dwelling units may be constructed. Unit 24 Barfield Bay MF John Stevens Creek Hores Island Isle of Capri Goodland Marina Total Multi -Family Units WENOWW] in, 2,544 314 72 300 0 Q� 3,230 No building or structure, or part thereof; shall be erected, or altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Multi -family dwellings. (2) Group housing, patio housing and cluster housing. Words 111IMij are additional words tz ch Mrevg are deletions. 4-1 0 (3) Townhouses. B. Permitted Accessory Uses and Structures: (1) Customary accessory uses and structures. (2) Model homes as permitted by the Land Development Code in effect at the time a permit is requested. C. Prohibited Uses and Structures: Any use or structure specifically permitted herein is prohibited. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: one (1) acre. B. Minimum Lot Width: 150 feet. C. Minimum Yard Requirements: (1) Buildings up to and including forty (40) feet in height: (a) Front - Thirty -Five (35) feet. (b) Side - Twenty -Five (25) feet. (c) Rear - Thirty -Five (35) feet. (2) Buildings over forty (40) fat in height: (a) Fifty-five (55) percent of the building height. (3) Lots abutting Settlement Agreement Development Line - Thirty-five (35) feet. However in John Stevens Creek, Hores Island and Barfield Bay Multi -family Areas the setback may be altered as determined by EAB or the County Environmentalist to protect or enhance rare, unique or endangered vegetation. D. Maximum Height of Structures: Ten (10) stories or one -hundred (100) feet whichever is greater. E. Maximum Density: Net site densities for each development area as follows: Unit 24 Words JOW are additions; words struck -tleWe- R are deletions. - 19 DU/AC 4-2 0 Key Marco - 10 DU/AC Barfield Bay -16 DU/AC John Stevens Creek - 10 DU/AC F. Distance Between Structures: Between any two (2) principal structures on the same parcel there shall be provided a distance equal to one-half (1/2) the sum of their heights. G. Minimum Floor Area: 750 square feet. H. 1n the can of group housing, patio housing or clustered housing with a common architectural theme the minimum lot area, lot width and/or yard requirements may be less provided that a site plan is approved in accordance with Section 2.6. 4.5 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. As required by the Land Development Code in effect at the time a permit is requested except that the Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use and the need to preserve rare, unique or endangered vegetation as determined by the County Environmentalist. As required by the Land Development Code in effect at the time a permit is requested. Words 1JO,= are additlonsi words stv ch t!zoagh are deletions. 4-3 SECTION V RESERVE DISTRICT FIDDLER'S CREEK 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Fiddler's Creek designated on the Master Plan, as Reserve. Areas designated as Reserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve district is to retain viable naturally functioning systems, to allow for restoration and enhancement of impacted or degraded systems, to provide a buffer between the Fiddler's Creek development and the adjoining state owned lands, and to provide an open space amenity for the enjoyment of Fiddler's Creek residents. No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Passive recreational areas, boardwalks, including recreational shelters and restrooms. (2) Biking, hiking, and nature trails (excluding asphalt paved trails in wetlands). (3) Non -gasoline powered boating trails. (4) Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. (5) Roadway crossings and utility crossings as designated on the Master Plan. (6) Those activities reasonably necessary to effectuate the Fiddler's Creek Wildlife Habitat Enhancement and Management Plan adopted as mitigation for the United States Corps of Engineers Dredge and Fill Permit No. 78B-0683, as amended. Words NIAM are additional words ottook-ba reaq! are "lotions. 5 - 1 E M (7) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. (2) 0) A. Within i?iddlees Creek, with the exception of won-1-3,all structures shall setback a minimum of five feet (5) from Reserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback Buffers shall be provided around wetlands in Section }3 MMUNUM 06extending at least fifteen feet 05) landward from the edge of wetland preserves in all places and averaging twenty-five feet (25) from the landward edge of wetlands. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Words XUM are additions; words elrack-Mwon, R are deletions. 5-2 C. Maximum height of structures - Twenty-five feet (25). D. Minimum distance between principal structures - Ten feet (10). E. Minimum distance between accessory structures - Five feet (5). F. Minimum floor area - None required. 0 G. Minimum lot or parcel area - None required. H. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek Design Guidelines and Standards, are to be in accordance with the Collier County Land Development Code in effect -at the time of Site Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. A non-exclusive conservation easement will be established pursuant to the Fiddler's Creek Wildlife Habitat Enhancement and Management Plan and Collier County Land Development Code Section 3.2.8.4.7.3, to the extent such section does not conflict with said Management Plan requirements. Ro`tiddtectl`fit`'��%�t'rL%1 Words 11jA= are additions; words seruck-lhreag! are deletions. 5-3 SECTION VI BUSINESS (MAP DESIGNATION "BUSINESS) UNIT 30, UNIT 24, AND JOHNS STEVENS CREEK DEVELOPMENT AREAS A 6A PURPOS The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Business. NIOIRWA1: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs; and awning shops. (2) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; and business machine services. (3) Carpet and floor covering sales - which may include storage and installation; churches and other places of worship; clothing stores; cocktail lounges; commercial recreation uses - indoor; commercial schools; confectionery and candy stores. (4) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. (5) Electrical supply stores; equipment rentals including lawn mowers and power saws. (6) Fish market - retail only; florist shops; fraternal and social clubs; funeral homes; furniture stores; and furrier shops. (7) Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales -including storage and installation; and gourmet shops. Nrds X.OM are additionsi words servo%-t#ereagb are deletions. 6-1 (8) Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. (9) Ice cream stores. (10) Jewelry stores. (l 1) Laundries - self service only; leather goods; legitimate theaters; liquor stores; and locksmiths. (12) Markets - food; markets - meat, medical offices and clinics; millinery shops; motion picture theaters; museums; and music stores. (13) Office - general; and office supply stores. (14) Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service shops; private clubs; and professional offices. (15) Radio and television sales and services; research and design labs; rest homes; restaurants -including drive-in or fast food restaurants. (16) Shoe repair, shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanitoriums. (17) Tailor shops; tile sales - ceramic tiles; tobacco shops; toy shops; and tropical fish stores. (19) Upholstery shops. (19) Variety stores; veterinarian offices and clinics -no outside kennels. (20) Watch and precision instrument repair shops. (21) Car wash. (22) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. (23) Group Care Facilities (Category I and II); Care Units; Family Care Units; Adult Congregate Living Facilities in Fiddler's Creek only, subject to Section 6.9 hereof. Words NAWM ore, additions; words elraek-torvagb are deletions. 6-2 B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. C. Prohibited Uses and Structures: Any use or structure not specifically allowed by reasonable implication permitted herein is prohibited. A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yard Requirements: (1) Front yard - Twenty-five (25) feet. (2) Side yard - None, or a minimum of five (5) feet unobstructed passage from front to rear yard. (3) Rear yard - Twenty-five (25) feet. D. Maximum Height: Forty (40) feet. E. Minimum Floor Area of Structures: One thousand (1,000) square feet per building on the ground floor. F. Distance Between Structures: Same as for side yard setback. As permitted or required by the Land Development Code in effect at the time the permit is required. XNEET, lu • v 551:18 Vim ► 1► [CF5 ► • • 2 51; :4 518 111KI• 1► Its 5:01111,55 3In2V As required by the Land Development Code in effect at the time a permit is requested. 6.6 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. uilIN, Ilul luI W21z I 03.5r.61 we i • Jt: ulIDl►1 Words 1JXW are additionsi words stgook-Hrovglr are deletions. 6-3 SECTION VI A ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA 6A.1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the Isle of Capri business area in relation to the uses and structures. No building or structure or part thereof shall be erected, altered cr used or land or water used in whole or in part for other than the following: A. Permitted Principal Uses and Structures: (1) One 150 room hotel/motel. Maximum four stories in height. (2) Restaurants - not including fast food or drive-in restaurants provided however, there shall be no prohibition of a drive-in as an accessory to a full service restaurant (see Section 8.11 of the Zoning Ordinance 82-2). B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. C. Prohibited Uses and Structures: Any use or structure not specifically allowed by reasonable implication permitted herein is prohibited. MWAWT60—IRel • V.mev 165: ►I• :: • A Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yard Requirements: (1) Setback from S.R. 951 and the Isle of Capri Road -Fifty (50) feet. (2) Setback from perimeter development line - Ten (10) feet. (3) Setbacks from fractionalized tracts, if any -Twenty-five (25) feet. D. Maximum Height - Four (4) stories. E. Minimum floor area of structures - One thousand (1,000) square feet per building on the ground floor. Words are additions) words *trueh k1 reagi are dalatlons. 6 A - I F. Distance between structures on the same development tract - Twenty (20) feet. 6A3 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is required. 6AA NffNiMi JM OFF-STREET PARKINC. AND OFF-STREET LOADING RFOt1i_REMENI'S As required by the Land Development Code in effect at the time a permit is requested. &1 C : V ► 191 Ici Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. • • ull►Ilul lu : ►Is : ' • 11: �ul�l►r As required by the Land Development Code in effect at the time a permit is requested. MWARTIN-1-4I WM rr : I The utility site in the northwest corner of this tract shall be buffered in accordance with Section 8.37 of the Zoning Ordinance 82-2. This buffering shall be placed on all sides of the utility site, with the exception of the northern edge, where the preserve area will act as a buffer. Words JJM are additions; words strae4-ti�zeagh are deletions. 6 A - 2 SECTION VIB ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA STIPULATIONS AND COMMITMENTS is The purpose of this Section is to indicate the stipulations and commitments which were placed upon this particular tract as a result of the 1988 P.U.D. amendment procedure. The stipulations and commitments contained in this Section are in addition to those contained in Sections 11 and 12 of this document. Where two or more stipulations or commitments are contained in this document, the more restrictive stipulation or commitment shall apply. A. Petitioner shall be subject to Ordinance 75-21 (or the treelvegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work of the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their moc with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitant characteristics lost on the site during construction or due to past activities. C. All exotic plants as defined in the County Code shaU be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. D. If during the course of site clearing, excavation, or other constructional activities, and archaeological or historical site, artifact, or other indicator is discovered, all Words 1NM are additions; words ot2 ch-eireav! are deletions. 6 B - 1 development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E. The petitioner shall submit project designs that will minimize the destruction of native habitats. The investigation of possible habitat saving designs should include, but not be limited to: 1) increasing the number of stories of the proposed hotel to reduce the amount of area necessary to the building (presumable the number of hotel units will remain the same; 2) reducing the amount of parking area, and 3) modifying drainage plans. F. Certain native plant species that must be removed to accommodate structures shall be, where feasible, transplanted to suitable habitat areas within the project. These plants shall include, but not be limited to tillandsioid epiphytes and epiphytic members of the family Orchidaciai, and the species that are listed in the edition of the Florida Game and Fresh Water Fish Commission's publication "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" that is current at the time of land clearing. The petitioner is specifically encouraged to preserve and/or transplant into compatible habitats large oak trees that contain protected epiphytes, and native hammock communities. G. Final alignment and configurations of water management structures shall be subject to minor field adjustments to minimize habitat destruction. Prior to construction, areas subject to alterations must be flagged by the petitioner; the alignment/configurations shall be subject to the review and approval of the Natural Resources Management Department. H. All preserve areas as designated on the Master Plan must be flagged by the petitioner prior to any construction in the abutting area, and habitat preserve boundaries will be subject to the review and approval of the Natural Resources Management Department. I. Any proposed construction of docking facilities and/or related structures shall be subject to the review and approval of the NRMD and EAC as part of the review process with all concerned regulatory agencies. All the Stipulations of the original Marco Shores PUD shall be included. K. All mangrove trimming shall be subject to review and approval by the NRMD. The Words INM are additions; words servek-eArevgh are deletions. 6 B - 2 goal of any approved trimming shall be to maintain the biological, ecological integrity of the mangrove system. L. The final Water Management Plan shall be designed so that the water inputs into the authentic Florida water and the aquative preserve shall be kept to an absolute minimum, and the need for testing will be considered at the time the Preliminary Drainage Plan is submitted. A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. B. Water management criteria and design shall be in accordance with the so-called "Settlement Agreement" between Deltona Corporation and the State of Florida. C. Petitioner shall provide written authorization from Lee County Electric Cooperative, Inc. to use the powerline easement for drainage retention purposes. D. No building permits will be issued until the petitioner can demonstrate that an adequate water supply is available to this project, either from the County or from the Deltona Corporation while maintaining acceptable water service to the Isles of Capri. A. Construction of the hotel and restaurant may not commence until S.R. 951 is four laned. B. Site development work will be allowed provided that the petitioner agrees to any traffic operation measures required by the County Engineer. A. All utilities stipulations contained in County Ordinance No. $442 for Petition R-84- 7C shall not be amended or modified by the Ordinance approving PDA-87-1C. B. In the Purpose of Requested PUD Modification, Impact of the Development, Utilities Explamation, the statement is made that potable water for the Isles of Capri development area is proposed to be provided by the County (County Water -Sewer District). No guarantee of commitment can be made by the District that potable water will be available to serve the proposed uses in the development area until: Words OAM are additionsi words wrack-Mrvaglr arm dalstlons, 6 B - 3 (1) Water of adequate volume and pressure is determined to be available to the project site. (2) Construction documents for the proposed project are submitted and approved by the Utilities Division. (3) All necessary County and State construction permits are obtained. ® (4) An application for water service is approved by the Utilities Division. (5) All system development and connection charges and fees are paid. C. The development of this site shall be in compliance with the stipulations contained in the Utilities memorandum dated January 9, 1987. A. The Master Site Plan shows parking and retention areas within the Lee County Electric easement. Prior to construction of any facilities within this easement, written permission from Lee County Electric shall be obtained. B. The original PUD stated that this site could be developed until the completion of S.R. 951, this site should not be developed until S.R. 951 is four laned as originally stipulated. C. Any access off Isles of Capri Road shall be in accordance with Ordinance 82-91 including left and right turn lanes if required by said Ordinance. Exhibit "E" (attached) is a letter dated May 5, 1988; from Robert B. Leeber, President of R&L Development of Marco, Inc. to William Hanley, President of the Isles of Capri Civic Association, committing not to do site clearing or filling prior to the completion of the four- laning of S.R. 951. Mrds NNM are sdditionsi words stv ek-Ne+vRA ors deletions. 6 B - 4 SECTION VII GOLF COURSE AND CLUB CENTER FIDDLER'S CREEK DEVELOPMENT AREA 7.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Golf Course and Club Center. M 411 V 0 s11143 *Til ►Is II r 1: A. Permitted Principal Uses and Structures: (1) Golf courses and golf club facilities, including temporary golf clubhouses. (2) Tennis clubs, health spas, and other recreational clubs. (3) Project information and sales centers. (4) Community Center facilities, including multiple use buildings for the community, active and passive indoor and outdoor recreational facilities, and boat launching and storage areas. (5) Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment facilities, utilities pumping facilities and pump buildings, utility and maintenance staff offices. (6) Open space and recreational uses and structures. (7) Pro shop, practice driving range and other customary accessory uses of golf courses, or other permitted recreational facilities. ' (8) Small commercial establishments customarily associated with the principal uses or community center, including gift shops, postal services, barber and beauty shops, ice cream parlor, dry cleaning store (pick-up and delivery only), golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf club, tennis center, community center, or other permitted recreational facilities. (9) Shuffleboard courts, tennis courts, swimming pools, and other types of Words IOW are additions) words alsoak -lhreagm are deletions. 7-1 facilities intended for outdoor recreation. (10) Signs as permitted by the Land Development Code in effect at the time a permit is requested. (11) Golf cart barns, restrooms, shelters, snack bars, and golf maintenance yards. 0 (12) Part time day care facilities. (13) Any other principal use which is compatible in nature with the foregoing uses and which is determined to be compatible with this district by the Development Services Director. A. Principal structures shall be setback a minimum of twenty feet (20) from district boundaries and roads, and fifty feet (50') from all residential tracts. B. Accessory structures shall be setback a minimum of ten feet (10') from district boundaries and roads, and twenty feet (20') from residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures - Fifty feet (50). E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10). F. Minimum distance between all other principal structures -Twenty feet (29). G. Minimum distance between all other accessory structures -Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Fiddler's Creek design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. (lords JXM era additionsi words *lTaak bi wool► are deletions. 7-2 SECTION VIII PARKS (MAP DESIGNATION "PARK") UNIT 30, UNIT 24, BARFIELD BAY MFj AB HORR'S ISLAND�:.::::.::., DEVELOPMENT AREAS 8.1 EURPOS The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Parks. 8.2 USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered, or used, or land used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures: (1) Parks and playgrounds. (2) Biking, hiking, and nature trails. (3) Nature preserves and wildlife sanctuaries. (4) Any other open space activity which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. (1) Customary accessory uses of recreational facilities. 8.3 DEVELOPMENT STANDARDS A. Minimum Lot Area: 2'/2 acres. B. Minimum Lot Width: 150 feet. 14 words NAM era additionsi words struck-l1reagk era deletions. 8 ^ 1 C. Yard Requirements for Structures: (1) Front Yard: Fifty feet (50). (2) Side Yard: Thirty feet (30'). (3) Rear Yard: Fifty feet (50'). 46 D. Maximum Height of Structures: Thirty-five feet (35). E. There shall be no minimum acreage or lot width for parks within Fiddler's Creek, so that Sections 8.3A and 8.313 are not applicable to Fiddler's Creek. Within Fiddler's Creek, 8.3C shall apply only where property line abuts residential property or external PUD boundaries. In addition, there shall be a Zero (0) feet setback required from waterbodies for such structures. Words fM are additions; words stz ek%lrrevgle are deletions. 8-2 SECTION IX "UTILITY" "ELECTRIC" UNIT 30, UNIT 24 DEVELOPMENT AREAS 9.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as "Utility" "Electric". Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction. Permitted uses would include potable and irrigation water lines, sewer lines, gas lines, telephone lines, cable television, electric transmission and distribution lines, substations, lift stations, pump stations, utility plants and similar installations necessary for the performance of these services. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills. The utility site in the southeastern comer of Unit 30 development shall be used as a utility plant site for sewer or water system utilities and/or distribution and storage facilities for treated effluent. The utility site in Unit 24 shall be used as a site for a potable water treatment plant. Storage and supply facilities related to gas utility systems and a site for any minor transmission related pumping stations and such for any essential utilities. Words NX.M are additions; words attack tRrvagh are deletions. 9-1 �.y1n SECTION X y..' MARINA GOODLAND MARINA DEVELOPMENT AREA 10.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the Goodland Marina Development Area. 10.2 USES AND STRUCTURES No building or part thereof shall be -ected, altered or used or land used in whole or in part for other than the following: A. Permitted Principal Uses and Structures: (1) Boat docking facilities. (2) Facilities necessary for and associated with trailer launched recreational boating. (3) Dry boat storage areas and structures. (4) Structures to provide for the following facilities: attendant's office, attendant's living quarters, bait and tackle shop, and maintenance facilities. (5) Any other open space activity which is comparable in nature with the foregoing and which the Development Services Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. (1) Customary accessory uses of marina and recreational facilities. 10.3 DEVELOPMENT STANDARDS A Minimum Lot Area: Goodland Marina area to be operated as one entity and not to be subdivided. Words am are additions; words &to!oak rlhreellr are deletions. 10 - 1 B. Minimum Lot Width: Not applicable. C. Yard Requirements for Structures: (1) Setback from east property line: Forty (40) feet. (2) Setback from other property lines: Zero (0). ® D. Maximum Height of Structures: Thirty-five (35) feet. 10.4 FLOOD ELEVATION REQUIREMENTS Flood elevation requirements in order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the flood damage protection ordinance. 10.5 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. 10.6 MR41hfL M QFF-qTRRRT PARKING FQLIIRFMENTS As required by the Land Development Code in effect at the time a permit is requested. 10.E MMUMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. lords IMM are additions words attack—t! zoo ! are deletions. 10 - 2 SECTION XI DEVELOPMENT STANDARDS 11.1 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. S 11.2 GENERAL The facilities shall be constructed in accordance with the final development plan and all applicable state and local laws, codes and requirements. Except where specifically noted or stated herein, the standards and specifications of the current official County Subdivision Regulations shall apply to this project. u : , ; :`►1 A Exhibit "A", Master Plan, illustrates the proposed development. B. The design criteria and design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final development may best satisfy the project, the neighborhood and general local environment. Minor site alterations may be permitted subject to planning staff and administrative approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. D. To protect the integrity of the multi -family residential neighborhood, internal roads within the multi -family development tracts will be private. All other roads as shown on the Exhibit "A" development plans of Unit 24 and John Stevens Creek will be public. It is intended that the major road system within Fiddler's Creek will be developed and maintained by the Fiddler's Creek Community Development District. Developer may, at its option, develop any roadway within Fiddler's Creek as a private road. Those portions of the roads depicted on the development plan of Barfield Bay Multi -family and Hores Island that lie within the security entrance adjacent to S.R. 951 shall be private roads. The other roads in the Barfield Bay Multi -family area will be public roads. The proposed development is illustrated in Exhibit "A" and "FC-A" (for Fiddler's Creek). The proposed construction shall comply with all standards set forth and the resulting complete Words XNW era additions► words attack-Mreagle or* deletions. 11 - I project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosion control and other similar -in -function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on Exhibit "A" and "FC-A" (for Fiddler's Creek) development plan shall be provided and completed in timing with the adjacent residential units. The northern golf course in Fiddler's Creek has been constructed by a resort hotel corporation. This course will be primarily for the recreational use of their guests. Secondarily, residents of the Fiddler's Creek area will have access to this course on an as space is available basis, and the public may have access on a similar basis. The southern and eastern golf courses in Fiddler's Creek shall be constructed when feasible to serve the surrounding residential units. The southern and eastern golf courses and community center (including tennis facilities) shall be privately owned facilities and constructed on the designated site in conformance with the development needs of the project. Neighborhood parks, bicycle paths, and other community recreation facilities shall be constructed and completed in conformance with the general development schedule of the project. Those facilities scheduled for donation to the County as part of the development plan are community facility sites, school sites, neighborhood park sites. Those facilities within Fiddler's Creek scheduled for donation to the County are two community facility sites. Neighborhood park sites within Fiddler's Creek will be dedicated to the homeowners association or the Community Development District upon their completion in conformance with the developer's progressive development schedule of the project. A community facility site will be dedicated to the East Naples Fire Control District in Unit 27. In Fiddler's Creek, a site will be dedicated for a library and another site will be dedicated for fire station, EMS, and other public purposes. Deltona previously dedicated school sites within Fiddler's Creek to the Collier County School Board. Subsequently, the Collier County School Board has agreed to trade at least two of said sites to the developer for other needed sites in Collier County. The community facility sites in Fiddler's Creek will be dedicated to the County upon request. All clearing, grading, earthwork and site drainage work shall be performed in accordance with the applicable state and local codes as modified in this document and by the Fill Agreement dated April 4, 1995, between Collier County and the Developer. The Settlement Agreement and the conceptual drainage plans submitted with this application along with the recommendations of the various review committees will be used as a guide to Norda NJOW ar* edditionai words straek-t!roug •c* d*letionz. 11 - 2 the final development of the drainage and road systems within the various development areas. Pursuant to the Agreement between the Developer and Collier County dated April 4, 1995, land clearing, excavation, and filling may occur within Fiddler's Creek prior to platting, site development plan approval, or building permit issuance. Section -i3 ` ddafi s was not covered by the Settlement Agreement or the Fill Agreement. Sectton-}3 'i id ..... t;il shall be governed by the provisions of the Land Development Code, except as modified herein, without reference to the Settlement Agreement or Fill Agreement. narawc.mv irsive n v All public street design and construction shall meet the Collier County standards that are in effect at the time of the approval of this ordinance, except as otherwise specified herein with regard to Fiddler's Creek. Certain streets have been proposed for development in Fiddler's Creek which will be constructed pursuant to right-of-way cross-section depicted on Exhibit "FC-F". The drainage system for these streets will be subject to the approval of the County Engineering Department in conformance with the conceptual drainage plans and provision and requirements of other sections of this document. ul ► • ; AI• ; ; • 1►i• y 1 I Easements for underground utilities such as power, telephone, cable television, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. See 12.4 of Section MI. • .:r; r►, See 12.4 of Section MI. MELI]pi1—' Maxim m Arrangements and agreements shall be made with the approved solid waste disposal service to provide for solid waste collection service to all areas of the project. ff • rel "Re/ I 1 a I I I Words are additions; words etreck-thro"! are deletions. 11 - 3 Telephone, power, and cable television service shall be made available to all residential areas. Such utility lines shall be installed underground with the exception of the primary electric service as described in 11.7 above. 0 :6VA 0 ► See 12.6 of Section X11. • • rA W&TI&Itl M 9 114 Xoilfl: u1P►1 0 In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by The Collier County Building Construction Administrative Code. All buildings constructed within the development areas must comply with the architectural review standards which shall be specified by the recorded covenants, deed restrictions and development documents. 11.15 SIGNS All signs shall be in accordance with the appropriate Collier County Ordinances, except as set forth for Fiddler's Creek in Section 11.22 hereof. All landscaping for off-street parking areas shall be in accordance with the appropriate Collier County Ordinances. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of thb proposed construction in accordance with the submitted plans is granted by the County Engineer, except to the extent permitted by the Fill Agreement described in Section 11.5 hereof. A. FIDDLER'S CREEK SECTION 13 The following standards and stipulations shall apply to Section 13 of the Fiddler's Creek portion of the PUD: 1. The perimeter berm for Section 13 shall meet Land Development Code Words JAWW are additions wards ate.c% tire gA are deletions. 11 - 4 requirements as to setbacks from the property line. 2. Provisions for Section 13 to accept or pass through existing flows from culverts SIS-001-SO ISO and i8n under U.S. 41 shall be addressed by one or more of the following methods: a) Routing west along north line of Section 13 connecting to U.S. 41 outfall Swale No. 1. b) Routing south along east side of Section 13, and further south connecting to Fiddler's Creek spreader facility. c) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District (SFWMD). 3. Within six (6) months of approval of the rezone of Section 13, Developer shall grant a "temporary" easement to accommodate the construction of U.S. 41 outfall Swale No. I along the west and north sides of Section 13, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. 4. Any other drainage easements required in Section 13 for the conveyance of off -site flows shall be dedicated and recorded within one (1) year of the approval of the rezone of Section 13, pursuant to the process set forth in 3 above. I Words SAM'$ are addltionsj words straek-lRreagk are deletions. 11 - 5 0 a b Community facility sites have been provided throughout the major development areas to provide for this facility. If no appropriate county facilities are available, rooms will be provided within the recreation building for the purpose of permitting residents to vote during all elections. The number and location of needed rooms will be determined by Collier County Supervisor of Elections. The development of .all tracts shall be subject to the then current County regulations concerning landscaping. Words are additionst words straekthreagm are deletions. 1I - 6 Special provisions for the possible preservation of selected vegetation are provided in the stipulations relating to Hores Island, Barfield Bay and John Stevens Creek development areas. Special procedures are anticipated to provide for the maximum possible preservation of native vegetation in these areas. A. Preservation and Reservation Areas: Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately 12,0 M acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC- A", and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allowed by permits tlt';,,.;`;, these areas will be left untouched, with the exception of the required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas. i u VNET,rPie A. Unit 24 and Fiddler's Creek Developer may create a community development district for Fiddler's Creek. If such a district is created it will comply with the following requirements. If the Fiddler's Creek Developer creates a community development district ("The Fiddler's Creek Community Development District") pursuant to Chapter 190, Florida Statut all the property in Unit 30 owned by Developer will be included within the Fiddler's Creek Community Development District. The Fiddler's Creek Community Development District may own and may have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and facilities: (1) Any drainage facilities and rights -of -way (streets and roads) that are not dedicated to the County at the time of platting; (2) The water management systems within Fiddler's Creek owned and developed by Developer, including lake and lakeshore maintenance; (3) Parks, other than those dedicated to the homeowners association; (4) Certain recreational amenities and facilities which are not owned and operated by the Developer, other private interests, the homeowners association, or Words ere additionst words atzaek—threag? are deletions. 11 - 7 individual condominium associations; (5) Street lighting, and; (6) Other allowed facilities and services pursuant to Chapter 190, Florida StAtutes• Chapter 190, Florida Statutes, grants community development districts created thereunder is all powers necessary to achieve their purposes, including the power to levy and collect taxes and special assessments, borrow money and issue bonds. B. Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay Multi- family Area A community association (the "Key Marco Community Association") will be set up by deed restriction. The owners of all property on Horr's Island and along the entranceway to Horr's Island will be members of the Key Marco Community Association. Property Owner's will be assessed a monthly maintenance fee to support the work of the Association. The Association will have lien rights to enforce collection of monthly fees. The Key Marco Community Association will own and will have the responsibility for operating and maintaining the following common areas and facilities: (1) The entranceway to Horr's Island, including any security system; (2) The roadway from County Road 92 to Horr's Island and all internal streets and roads on Hares Island, including all drainage facilities that are not the responsibility of individual condominium associations; (3) Parks and recreation areas; (4) Street lighting; (5) The historical preservation site and Indian mounds on Horr's Island, including the public dock and accessway to the Captain Horr House (the Key Marco Community Association may cooperate with local historical societies to maintain and/or restore the Captain Horr house); (6) The bridge across Blue Hill Creek to Hores Island, including maintenance of all required navigational lighting; and (7) Such other community areas and facilities which are desired by the residents Words are additional words etteek tizemy! are deletions. 11 - 8 of Horr's Island but which are not available through local government or private enterprise. C. Barfield Bay Multi -family, John Stevens Creek, Isle of Capri and Goodland Marina Roads in these areas either already exist and are being maintained by the State or County or they will be dedicated to the County at the time of platting. All common areas and facilities will be the responsibility of the individual condominium 40 associations (Barfield Bay Multi -family and John Stevens Creek) or individual commercial owners and operators (Isle of Capri and Goodland Marina). ;►I� • / •►,OWN •• 1: if 6161NIOAS•• The following Subdivision Regulations from the Land Development Code ("LDC") shall be waived and modified as follows: A. Land Development Code §3.2.8.3.17.2 - Sidewalks will be constructed as shown on the roadway cross -sections attached as Exhibit "FC-F". At Developer's option, bikepaths may be substituted for sidewalks and sidewalks shall be optional for roadways with fifty foot (50') right-of-ways and that serve only one tract or parcel. B. Land Development Code §3.2.8.4.1 - The access requirements of this Section are waived and connections shall be as shown on the Master Plan. C. Land Development Code §3.2.8.4.3 - Block lengths shall be as shown on the Master Plan. D. Land Development Code §3.2.8.4.16.5 - Right of way widths shall be as shown on the roadway cross -sections attached as Exhibit "FC-F". E. Land Development Code §3.2.8.4.16.6 - The length of dead-end streets or cul-de-sacs shall be as shown on the Master Plan. F. Land Development Code §3.2.8.4.16.9 & A 0 - The minimums of these sections are waived and these tangents shall be as depicted on the Master Plan, except for Section the minimum of these sections may be waived administratively at time of PSP or development plan submittal with justification based on design speed. G. Land Development Code §3.2.8.3.19 - Developer reserves the right, subject to approval of Collier County Transportation Department, to seek substitutes for traffic and street signs within the boundaries of Fiddler's Creek. (fords $$AM are additions; words set aek-Hrreegh are deletions. 11 - 9 H. Land Development Code §3.5.7.1 - Excavation setback distances may be reduced by the Collier County Engineering Review upon demonstration by Developer that traffic safety considerations are addressed. 1. Land Development Code §3.5.7.2 & .3 - Excavation side slopes and depths shall be in accordance with the aforementioned Settlement Agreement, except for Section-1-3 > ti which shall be in accordance with Division 3.5 of the Land Development Code. J. Land Development Code §3.2.8.4.16.12.d - The pavement surface coarse thickness shall be as shown on roadway cross -sections as Exhibit "FC-F", except for Section where pavement surface course thickness shall be pursuant to Appendix "B" of the Land Development Code. All signs in Fiddler's Creek shall be in accordance with Division 2.5 of Collier County's Land Development Code, as the same may be in effect at the time of Site Development Plan approval, with the following exceptions: A. Permanent Community Signage Project Identification Signs - Two ground, wall, or gate project identification signs may be located at each entrance to the development, subject to the following requirements: (a) Such signs shall only contain the name of the development and any symbol or icon identifying the development, and shall not contain any promotional or sales information. (b) Proect identification signs shall not exceed sixty (60) square feet '„p. ; excluding mounting surfaces or structures. Where signage is affixed or an integral part of a wall or fence, the face of the sign may protrude above the upper edge of the wall or &nce, but remain subject to height restrictions. (c) No project identification signs shall exceed the height of ten feet (10) above the finished ground level of the sign site. 2. Boundary Monument Signage - Project monument signs may be located at or near each boundary of the project on S.R. 951 and U.S. 41, provided that no such sign shall exceed twelve (12) square feet, excluding mounting surfaces or structures, and further providing that all other requirements of 11.22A.1) Words MMM are additions; words struch—t1reagk are deletions. 11 - 10 are met. Tract Identification Signs - Each tract containing a different use may have at each entrance or in other approved location an identification sign not more than six feet (6) in height and thirty-two (32) square feet in area, provided the requirements of Section 11.22A.1) not in conflict herewith are met. 4. Directional Signs - At each intersection in the development, four (4) square foot directional identification signs are permitted for each separate use being identified for directional purposes. One sign may incorporate all uses being identified, shall maintain a common architectural theme, such sign shall not exceed six feet (6) in height and twenty (20) square feet in area, and shall meet the requirements of Section 11.22A.1) not in conflict herewith. B. Temporary or Promotional Signage : These signs are to direct prospective purchasers and identify the various projects being developed. One development announcement sign may be erected on each project street frontage for each tract or parcel, identifying the proposed project or project under construction, subject to the following requirements: (a) There shall be no more than two (2) signs per tract, parcel or project. (b) Such signs shall not exceed sixty (60) square feet in area, excluding mounting surfaces or structures. Where such signage is attached or affixed to a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. (c) No development announcement signs shall exceed ten feet (10') above the finished grade of the sign site. 2. Residential Lot Signs - Individual residential lots may be identified by a sign not to exceed two (2) square feet or protrude more than three feet (3') above the finished grade of the lot, provided such sign shall only contain the following information: lot number, name of owner or builder, and telephone number for contact, and shall comply with the requirements of Section 11.22.13.1) not in conflict herewith. 3. Residential Construction Lot Signs - During the construction phase on any residential lot, a temporary sign identifying the owner, builder, lot number, and phrase such as "the new home of " may be erected, subject to the following requirements: Words #AWM are addltionni words eke oc reiteagh are deletionn. II - II SECTION XU STIPULATIONS AND COMMITMENTS A. Conditions Recommended by Environmental Advisory Board ("EAB") (1) Staff recommends approval for all development areas of Rezone Petition R- 84-7C with specific regards to PUD Zoning Classification. (2) Staff recommends Conceptual Drainage Approval of the following development areas: (a) Fiddler's Creek (b) Unit 24 (c) Goodland Marina (3) Resubmission to EAB for Conceptual Drainage approval for the Isle of Capri Business Tract and the unique development areas of Horr's Island, Barfield Bay Multi -family and John Stevens Creek will be required that includes site specific information and coordination of recommendations made by the County Environmentalists in Memorandum dated April 27, 1984 as may be amended and endorsed by EAB. (4) Detailed site drainage plans for all development areas shall be submitted to the EAB for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the county Engineer and the Environmental Advisory Board. (5) Detailed site drainage plans showing the effectivenest of the golf course lake system and the extent of the water management system, including spreaders, that will be constructed as part of the initial phase shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. (6) Historically, off -site flows have been and continue to be routed through the easterly portion of the proposed development. Should the existing routing of off -site flows be impacted by the initial proposed development, provisions Words 01M are additiones words alreeh-tRreaglr are deletions. 12 - 1 shall be made for re-routing and/or continuing to allow historic off cite flows to pass through the initial phase proposed for development. (7) Based on prior commitments, Ordinance 88-26 is to apply except as Section 8 thereof is modified by the approved "Conceptual Drainage Plan, Marco Shores Unit 30", Sheet G-1, dated January 1984, "Typical Lake Section", with respect to lake slopes and depths, and further, the lake setbacks from abutting rights -of -way will not be required provided safety barriers (which may include landscaping with berms) are utilized to the extent that such setbacks are not met, nor will the restoration requirements contained in Y' Subsection F apply. The above does not apply to Section i 3 w ,�' t t, , ec ,yyddsd'#i, which shall meet the requirements of Division 3.5 of the Land Development Code. �Hd:Y'611*11 A. Stipulations To Rezoning of Category I Lands: Fiddler's Creek, Unit 24, Isle of Capri, Goodland Marina (1) Native Vegetation and Habitats (a) During development Deltona will fill all areas of Unit 24 under an elevation of six feet and construct the roads, lake, and other water management facilities as proposed on the conceptual plan for both those areas under and over the six foot contour. (b) Following this a vegetation survey of the remaining unaltered areas of Unit 24 will be prepared by Deltona and submitted to the County Environmentalist. (c) The County Environmentalist will use the vegetation survey and work with Deltona or the architects hired by future owners of multi -family lots of Unit 24 to arrive at a final building and parking lot layout that would minimize the destruction of remaining undisturbed native vegetation. (d) Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately 241 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC-A", and as regulated by Section V hereof. Other than Words #WON are additions; words vtmek-threegk are deletions. 12 - 2 incorporation into the approved drainage design or as allowed by permits, these areas will be left untouched, with the exception of the required removal of exotic vegetation, and deeded to the homeowners association or approved entity upon platting of these specific areas. (2) Archaeological Resources ® (a) The Developer of each of the above described projects will design and implement a plan so that if an archaeological site or artifact is uncovered during site clearing, grading, or excavation, construction in that location will be stopped for a sufficient length of time to give both Developer's archaeological consultant and/or one selected by the Environmental Section to assess the find and determine whether excavation is necessary. (b) The Environmental Section or its selected consultant will respond to such a find in a timely manner so that construction is not unnecessarily delayed. (c) Prior to any work in the Goodland Marina area, the Environmental Section, with the assistance of selected local archeological assistance, will survey the development area to determine the validity of reported sites in that vicinity. (d) If a significant site is discovered, the Environmental Section will coordinate the excavation of the site, consistent with Developer's construction schedule, to remove any significant artifacts. (3) Water Resources - Quality (a) To ensure sufficient treatment of water runoff from development areas, final water management plans will retain and treat all runoff in development area swales and/or lakes prior to discharge from lakes through spreader waterways. (4) Water Resources - Quantity (a) Final water management plans, control structure elevations, lake levels, etc., are to replicate, as closely as possible, the seasonal pattern of water discharge as necessary to comply with the applicable requirements of the South Florida Water Management District and the Settlement Agreement, except for Section-i-3 thC, % stile �CLrM xl1, which shall comply with the applicable requirements of Words Mare additions; words straeie-H Haugh are deletions. 12 - 3 South Florida Water Management District and Collier County. (b) Water will be retained on site during the natural dry season and will be discharged at a rate similar to pre -development conditions during the wet season pursuant to the applicable requirements of the South Florida Water Management District and the Settlement Agreement, except for Section 13 0"dcllet'00e"dit16, which shall comply with the applicable requirements of South Florida Water Management District and Collier County. (5) Other (a) Native vegetation should be retained and used where possible for ground cover. (b) If feasible species should be transplanted from development sites to border areas. (c) Where transplanting is not feasible, make native species, that would otherwise be destroyed, available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration or enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigertail Park, other Marco Island development areas). (d) Remove all existing exotics on site as described by County Ordinance. (e) Follow design considerations as outline in County Environmentalist's memorandum dated may 15, 1984. B. Stipulations to Rezoning of Category II Lands: Horr's Island, Barfield Bay Multi - Family, John Stevens Creek (1) Native Vegetation and Habitats (a) Final site plans and drainage plans for Category Two Lands shall be designed to minimize the destruction of vegetation classified on Figures 1 and 2 as rare, unique, or endangered. (b) The final location of roads buildings, parking areas, water management components, and other facilities shall be carefully chosen to minimize impacts on R.U.E. lands will be mitigated, where possible, by the transplantation of native plants to adjacent undisturbed areas. Words are additions; words struck threav! are deletions. 12 - 4 (c) At there areas the loss of R.U.E. lands will be mitigated, where possible, by the transplantation of native plants to adjacent undisturbed areas. (d) Figures 3 and 4 depict typical, conceptual site development and drainage plans that reflect these guidelines. ® (e) Prior to construction, the final site plans and drainage plans for development within Category Two Lands shall be reviewed and approved by the EAB to ensure that the final designs meet the goals and comply with the concepts of development as expressed in the County Environmentalist's memorandum dated May 15, 1984. The following area -specific recommendations further clarify these general comments: Hores Island and Barfield Bay Multi -Family Area C (0 The majority of Hores Island (excluding the mangrove areas within the development limit line) and all of Barfield Bay Multi -Family Area C (Figure 1) are classified as R.U.E. lands because the exact composition and location of the rare, unique, or endangered plant communities contained thereon and the occurrence and distribution of any classified rare, endangered, or threatened species were neither adequately addressed nor mapped in the Army Corps of Engineers Environmental Impact Statement or associated reports. (g) A vegetational survey and an analysis of the presence and location of endangered, threatened or rare species is a normal requirement of the County E.I.S. Ordinance. Because the information supplied on the characteristics of the upland areas of Flores Island was not site - specific, a detailed survey (including an upland plant community map) of the composition and distribution of upland vegetation and the occurrence of rare, endangered, or threatened species shalt be conducted by the applicant in consultation with a qualified South Florida tropical systematic botanist. (h) The vegetation survey, which will be utilized in the final site and drainage plans developed for Flores Island and incorporated into the final EAB review and approval of the site and drainage plans for the area, is required by County Ordinance 77-66 under the terms of Resolution R-82-86. Words are additionso words vexnek-toxavglr are deletions. 12 - 5 (i) It is suggested that the Developer or a third party purchaser, have similar surveys conducted for proposed development sites in other Category Two Lands and incorporated into the design for the final site and drainage plans. (j) If the Developer or the third party purchaser declines to have such surveys conducted (Resolution R-82-86 precludes the County from 0 requiring such surveys as a part of the EIS review on Category Two Lands other than How's Island), the County Environmental Section (with the assistance of local experts) will undertake these analyses in conjunction with Applied Environmental and Engineering Services, if desired, and incorporate the results into the recommendations regarding the site plan before final approval will be considered. (k) All site -specific surveys will be conducted prior to any site alteration. (1) Those surveys conducted by the Environmental Section will not delay Developer's timetable. (m) Surveys for multi -family lots on Horr's Island may be delayed until future lot owners are ready to develop the site. (n) To this extent, the Developer needs only to have surveys conducted on those areas where they will undertake land alteration activities (i.e. roads, water management facilities). (o) Surveys for Developer's activities must however cover enough of the surrounding areas to enable the selection of potentially more suitable locations. John Steven's Creek and Areas A and B of the Barfield Bay Multi -Family Area (p) The majority of site development construction, clearing, grading, and filling will be concentrated in those areas disturbed by previous activities and therefore not classified as R.U.E. lands. (q) At these sites, R.U.E. lands will be retained as developmental buffers utilizing extant native landscaping, and as an incorporation of natural amenities. (r) Land use is not precluded from R.U.E. areas, however, only those activities that will not significantly alter those areas' natural characteristics will be acceptable. Such activities could include bike Words are additions; words elrvek-threvglr are deletions. 12 - 6 paths, vita courses, nature trails, and other low impact activities. (s) Road corridors through R.U.E. areas, and locations where buildings or parking lots extend into these areas because of space limitations, will be carefully selected to ensure minimal loss of habitat and mitigated by the transplantation, where possible, of native vegetation to adjacent, unaltered R.U.E. areas. 2. Archaeological Resources (a) The archaeological survey of Horr's Island to be conducted by Developer's archaeological consultants will classify all sites as significant (those needing to be preserved) and marginal (those where only a recovery dig is necessary prior to site development). (b) The results of this survey will be incorporated in the final site and drainage plans for How's Island. (c) Although not required, a similar survey is strongly recommended for other development sites within Category Two Lands which are classified as RU.E. for incorporation into final design plans. (d) If not conducted by Developer, the Environmental Section, with the assistance of local archaeological groups will conduct a similar survey and include the results in the review and before any approval of the final site and drainage plans for these areas. (e) In addition to the pre -development surveys a program will be established allowing assessment of any archaeological sites or artifacts uncovered during site clearing, grading, excavation, or construction. ( In such case, any development activity considered inimical to the integrity of the archeological find will be stopped temporarily to give the Developer, or the County, or the State or Florida archaeological consultant a chance to excavate the find. (g) The Environmental Section or its selected consultant will respond to such a find and conduct necessary excavation in a timely manner so that construction is not unnecessarily delayed. 3. Water Resources (a) The final water management plans for Category Two Lands shall be Words MOM are additionsi words rl:vek-t1tot,1 are deletions. 12 - 7 �7 designed to minimize the clearing and alteration of land in R.U.E. areas. (b) This will be accomplished by designing the water management facilities to direct the majority of runoff from building pads and parking lots to roadside swales. (c) Overflow from these swales will be discharged through storm swales and spreaders at the wetland borders, carefully located to take advantage of the existing topography and flow channels and to minimize alteration of R.U.E. areas. (d) Conceptual site plans with water management features incorporating these comments are depicted in a generalized scheme in Figure 3, and for a section of Hores Island in Figure 4. (e) The benefits of following such plans include: (i) development along existing topographic gradients will retain natural flow and filtration characteristics; (ii) direction of runoff to roadside swales, located in most cases near the center of existing ridges, will take advantage of the natural capacity of the sand and shell soils to percolate and filter water; (iii) the retention of side -slope R.U.E. areas to buffer development areas from the preserved wetlands will provide further filtration of runoff from the rear of development areas whiled maintaining the existing natural conditions; and (iv) the water entering the ground and/or adjoining wetlands will be partially or completely treated in the roadside and discharge swales, the wetland spreaders, and by percolation through ridge substrates and filtration through retained native wetland buffer vegetation. (f) The ultimate stormwater discharge points for Category Two Lands will be carefully located in areas most suited for receiving such waters. (g) Low quality, semi -impounded wetlands, buffered from productive aquative and wetland areas by distance, topography, or existing roads will be utilized. (h) Potential discharge points Fxe indicated on Figure 1. (i) In order to minimize the degradation of water quality by the addition of fertilizers, pesticides, and herbicides, the area extent of lawns around the development will be kept to a minimum. Words SftM are addltlonai words stnic r-H i6tivlr are deletions. 12 - 8 (j) The Environmental Section recommends a sodded area of no more than five percent (50%) of any structure's area. (k) The use of retained and transplanted native cover naturally occurring under existing conditions will be emphasized. (1) The final water management plans for all Category Two Lands will be reviewed by EAB to ensure that they integrate native vegetation and existing drainage features and are designed following the concepts stated in the County Environmentalist's May 15, 1984 memorandum depicted in Figures 3 and 4. (m) During plan preparation, Developer will work with County staff to arrive at a final product compatible with these general guidelines and the associated conceptual diagrams. (n) Where two alternative water management approached exist, that approach which will best serve to minimize alteration of R.U.E. areas will be chosen. 4. Other (a) Native species will be transplanted from development sites to border areas. (b) Where transplanting is not feasible, native species, that would otherwise be destroyed, will be made available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration and enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigerish Park, other Developer development areas). (c) Native vegetation either existing in situ, or transplanted from construction sites will be retained and used where possible for landscaping and/or ground cover. (d) All existing exotics on site will be removed as required by County Ordinance. (e) The use of introduced non-native species for landscaping will be severely restricted. (f) All construction, clearing, and filling locations in or adjacent to Words *J%W are additions) words struck k!roam! are deletions. 12 - 9 designated R.U.E. areas will be flagged and field approved by the Environmental Section prior to the commencement of site work. (g) Turbidity screens, or other similar devices, will be used in association with work within or adjacent to wetlands. (h) All work in Category Two Lands will be conducted following the design considerations and conceptual drawings contained in the County Environmentalist's May 15, 1984 memorandum. C. Additional Stipulations (1) The EIS prepared by the Corps of Engineers will be accepted to fulfill the requirements of Division 3.8 of the Collier County Land Development Code with the condition that the stipulations contained in the County Environmentalist's May 15, 1984, Memorandum are followed. (2) Specific stipulations to modify site plans for all Category I and II Lands except for Fiddler's Creek, in order to minimize impact on native upland vegetation and habitats and to require for Category Two Lands final site plan review and approval by the EAB are contained herein to bring the development proposals into compliance with County environmental policies and standard review procedures and requirements. Fiddler's Creek shall not be required to comply with the provisions hereof. (3) Modifications to the conceptual drainage plans along with new conceptual plans to incorporate environmental concerns are recommended for Category Two Lands and Unit 24 to ensure that the final water management design does not unnecessarily destroy native upland vegetation, habitats, and associated wildlife. (4) The EAB will review and approve final drainage plans for Category Two Lands prior to construction for compliance with conceptual comments and designs outlined in the County Environmentalist's May 15, 1984 memorandum. (5) Tree removal permits are not issued at the time of rezone approval because of the conceptual nature of rezone plans and the lack of site -specific information, to the extent this provision is not modified by the Agreement between the applicant and Collier County, dated April 4, 1995. (6) Tree removal permits for all Category I and II Lands, will be issued for the proposed individual developments after the final site plans and drainage plans, Words NOM are additions$ words slrvelr-clrreav! are deletions. 12 - 10 based in some cases on required vegetational surveys, are reviewed and approved by staff and advisory boards, except as modified for Fiddler's Creek by the Agreement between County and Developer dated April 4, 1995. (7) Flaggin ; and approval by the Environmental Section of the final alignment of the proposed docks and boardwalks is required prior to construction. (8) The rezone petition contains no plans for dredging associated with these structures. If required, dredging will therefore have to be reviewed under a separate petition. (9) The exact locations of the roads in Category Two Lands, will be approved during the review of the final site plans. (10) Because some of the recommendations, particularly those involving development in areas of Hores Island or other Category II Lands designated as rare, unique, or endangered, would require specific actions and further review to ensure environmentally sensitive development, it is suggested that the County allow a certain amount of flexibility in the site plans and density spread associated with these petitions. For example, site plans could be shifted and density units transferred from areas of high environmental concern to those with lower potential impact. (11) Some of the recommendations contained herein constitute variations from the Settlement Agreement. Within the Agreement, however, provision has been made for modifications of the plans such as proposed in the County Environmentalist's May 15, 1984 memorandum. Informal conversations with some of the other parties to the Agreement indicate that changes to further protect the natural resources of the area could be made with a minimum of difficulty. Staff believes that the design recommendations embodied in the May 15th memorandum represent additional methods, above and beyond those contained in the Settlement Agreement, to permit the proposed development while protecting the natural and cultural resources of Collier County. Staff, as representatives of Collier County, a'party to the Settlement Agreementwill, in cooperation with the Developers of all Category I and II Lands except for Fiddler's Creek, initiate and attempt to negotiate the addition of the following Exhibits to the Settlement Agreement and any resulting modifications that may be necessary to the existing U.S. Army Corps Engineers permit: Exhibit D - 12A Wherever vegetation is discovered on any Category I or H Lands, Words INC40 are additionsi words attack-Mrevgh are deletions. 12 - 11 which is deemed by Collier County to be rare, unique or endangered, Developer may eliminate rear yard and roadside swales and other drainage design features shown on D-2, D-3, D-11, D-46, D-47 and D-48 of this Exhibit to the extent Developer and Collier County determine that to do so will reduce the adverse impact on such vegetation. In the event the Engineering Detail Drawings are varied in accordance herewith, Developer shall be excused from compliance with the drainage retention requirements shown on D-11, D-46 and ie D-47. Note: The above applies to the following development areas: 1. Barfield Bay multi -family; 2. John Steven's Creek; and 3. Hores Island Exhibit E - IA Wherever vegetation is discovered in the Barfield Bay Multi -family, John Steven's Creek and Horr's Island development areas which is deemed by Collier County to be rare, unique or endangered, the following design criteria shall apply, to the extent the Developer of Hores Island and Collier County determine that to do so will reduce the adverse impact on such vegetation, in this Exhibit E: 1) Multi -family tracts and roadways abutting wetlands shall not be required to have a minimum ten foot (10) wide by six inches (6") deep swale. 2) Multi -family areas shall not be required to drain toward rear yard swales. 3) Developer shall be excused from compliance with the one-half inch ('/2") dry retention storage requirement. 4) Drainage may discharge via sheet flow from roadside spreader swale, or rear yard swale, or through the rare, unique or endangered vegetation. To the extent that some or all of the provisions of the foregoing additional exhibits are not approved in accordance with the terms of the Settlement Agreement or are not approved by permit modification or otherwise by the U.S. Army Corps of Engineers or are otherwise not legally permitted, the Developer of Hores Island shall design the Words MOM are additions) words struck-l! reagh are deletions. 12 - 12 Barfield Bay multi -family, John Steven's Creek and How's Island development areas as provided for in the Settlement Agreement; however, taking into consideration any provisions of the additional Exhibits as have been fully approved. ' i � ► : ►if • �� a ut ► 1: � • ► : /1 . � ul�i � is A. The approved stipulations of the EAB pursuant to the memorandum from County Environmentalist dated May 15, 1984, may necessitate exceptions from the Subdivision Regulations to accommodate fine tuning of the final site plan; B. Detailed engineering drawings as shown in the Marco Agreement will not necessarily apply, or would be subject to the County Engineer's approval at the time of platting in conjunction with the best development procedures. C. Platting and construction plan approval will be granted on a segmental basis with applicable time restraints imposed by the Subdivision Regulations being applied to each segment. D. For the purposes of platting and replatting within the project area, assurance for the completion of subdivision improvements will be provided by Developer subject to approval by the County Attorney. A. Waste Water Management (1) Under the franchise modification, as provided for below in "2" and this Section, Deltona, through Deltona Utilities, Inc., shall assume responsibility for constructing and operating additional wastewater treatment collection and disposal facilities and necessary to provide sewer service to the Marco Development areas, and to those areas known as Unit 24 and Unit 27. (2) The Board of County Commissioners hereby authorizbs Deltona to undertake the responsibility for sewer service, as provided in "I" of this Section, by granting the following modification to Deltona's Sewer Franchise Agreement, dated April 27, 1971 and recorded in the public records of Collier County in Official Records Book 401, Page 304 et seq. (the "Sewer Franchise Agreement:): (a) The sewer franchise area is hereby modified by deleting therefrom all property that is not designated as "Development Area" under the Marco Agreement and substituting therefore all property, not Words �J4 are additional words attack bi revg! are deletions. 12 - 13 presently within the sewer franchise area, that is included within such Development Area. (b) Not withstanding this modification to the Sewer Franchise Agreement, Collier County shall provide sewer service to those areas known as Unit 24 and Fiddler's Creek, provided Collier County has the capability and has committed to provide such sewer service prior to commencement by Developer of construction of any additional sewage treatment facilities to serve such areas. (c) With respect only to those areas known as Unit 24, Developer shall dedicate all sewage collection facilities to Collier County at the time such areas are platted or replatted (whether or not the plats or replats are identified as Unit 24). Simultaneously with such dedication(s), Collier County shall lease the collection facilities back to Developer; alternatively, Collier County may commit to provide immediate sewer service to the platted area, as provided in "b" above. In the event the collection facilities are leased back to Developer, the lease shall be on the following terms and conditions: (1) Lease Term - The lease term shall commence from the date of platting and continue uninterrupted for 30 years or until Collier County purchases the sewage treatment facilities as provided for in "d" below, whichever first occurs. (2) Annual Rent - $1.00 per annum payable annually in advance. (3) Lessee's Rights - Lessee shall have the right to use and operate the sewage collection system, and during the lease term, all connections to the system shall be customers of the lessee. Customers outside the Deltona Franchise Area but served through this facility shall be customers of the County. (4) Lessee's Obligations - Lessee shall have the responsibility to provide sewer service to the areas served by the sewage collection and lessee shall maintain and repair the sewage collection system so that upon termination of the lease, the system will be turned over to Collier County in good condition, reasonable wear and tear expected. (5) Other Provisions - The lease shall contain such other provisions as are typically included in commercial net leaseback agreements as Developer and Collier County shall (lords MVM are additionaj words attack through are deletions. 12 - 14 deem reasonable and appropriate. (d) In addition to any other rights of Collier County to purchase the sewer system, as provided in the Sewer Franchise Agreement, Collier County shall have the option at any time, upon twelve (12) months prior notice to Deltona, to purchase the sewage treatment facilities serving Unit 24. In the event Collier County exercises this option, the ® purchase price shall be determined by adding: (1) The amount of Deltona's investment in the sewage treatment facilities serving such Units less any salvage value of the treatment facilities (if Collier County does not desire to take title to such treatment facilities) and 1m any portion of Deltona's investment previously recovered from Customer credit impact fees to be collected by the County and returned to Deltona as a credit and (2) any accumulated net operating loss attributable to that portion of the sewer system occurring during that period commencing after 100 customers have been connected to the system through the date of closing. (e) 1~rter(p Collier County atex» rer�7sfxct pr <other>central Y S I :�y. i... . • " ... pfc'..3A Utilrhss shall provide all wastewater treatment services to that part of Fiddler's Creek owned or developed by Developer. (f) It is anticipated that Developer will use treated wastewater effluent to meet the non -potable water demands for Unit 24. The effluent distribution lines will be dedicated to Collier County at the time of platting, and in the event Developer leases back the sewage collection system as provided for in (2) above, the effluent distribution lines will be included in the leaseback. (g) Deltona shall be required to locate the construction of a regional sewage facility in the general location of Unit 30. B. Water Supply and Treatment and Distribution (1) The County Water -Sewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lying within any non -franchised areas. (2) All plans and specifications for transmission and distribution facilities Words NIOM are additions; words ottack tizeaq?e are deletions. 12 - 15 proposed for the areas under this petition shall be reviewed by the Utilities Division for conformance with current subdivision requirements and Utilities Division standards for construction. (3) All transmission and distribution facilities within the non -franchised areas shall be dedicated to the County Water -Sewer District prior to being placed into service. Is (4) All water users in the non -franchised areas shall be County customers. (5) Prior to the issuance of building permits for new water demanding facilities, the applicant for the building permit shall pay an appropriate system development charges applicable at the time application for the building permits are made. (MMEM1116113313 11 vVilon &M r:: Subject to FDOT approval, the Developer or a Community Development District formed for Fiddler's Creek shall provide the following: A. Traffic signals at each of the new intersections created on SR-951 and US-41 when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. B. All required auxiliary turn lanes at each new intersection created on SR-951 and US- 41. C. Street Lighting at major entrances into the development. D. The Developer of Fiddler's Creek has contributed an 18.4 acre fill source to Collier County to supply fill for the widening of State Road 951 to four lanes between New York Avenue and the Marco Bridge. Pursuant to that certain Agreement between the County and Developer relating to the widening of State Road 951 dated April 4, 1995, all Development of Regional Impact (DRI) and PUD conditions which had restricted development and construction traffic have been fully satisfied by construction of the existing four lanes of State Road 951 and by execution of said Agreement. All such prior restrictions and conditions on development related to traffic impacts are no longer applicable. All prior obligations of Developer under this PUD document relating to the provision of fill for State Road 951 have been fully satisfied by execution of the Agreement between Developer and Collier County granting the County the right to enter upon the property for the purpose of excavation of the fill needed for the four-laning of State Road 951. Words NOW ara additions; words straek-threagh ara dilations. 1 Z - 16 The Developer shall provide traffic signals at internal intersections when deemed warranted by the County Engineer. ' : ►I►II► s ' :: �ul�i`►�II The Planning Department reviewed this petition and has the following recommendations: A That the staff report recognize that SR-951, after four laning, will be approaching its ID capacity in 1990 and that appropriate recommendations be made to include the future 6-laning of the northern most section in the county's Comprehensive Plan. B. That Unit 24 be prohibited from any development until SR-951 is 4-laned or the applicant be required to donate to the County the cash equivalent of the construction cost for the 44aning of 500 feet of SR-951. This donation, to be used by the County solely for the 4-laning of 951, shall be determined according to FDOTs SR-951 construction plans and shall be made either prior to Unit 24's a) development in whole or in part of b) the transfer to any other person or entity of any ownership interest or right to control Unit 24, in whole or in part. This donation shall be independent of the other fair -share contributions included within these recommendations. C. That the Isle of Capri Commercial PUD, due to the level of service of SR-951 closely approaching "D", be prohibited from any development until SR-951 is 4-laned. However, site development work including clearing and filling may be performed on the site prior to the 4-laning of SR-951, provided that such activity is otherwise in conformance with this PUD Ordinance particularly, but not limited to, the environmental and water management sections. D. That the Developers of Hores Island and John Stevens Creek be responsible for the reconstruction of the intersections of SR-92, with the road to Horr s Island and John Stevens Creek. In the event that the State purchases Hores Island, Developer of Hores Island will not be obligated to bear the cost of improvement to that portion of the intersection. E. If the marina is developed, the developer of the marina will be responsible for the reconstruction (if necessary) of the intersection of SR-92 and the road to Goodland. F. The Developer's contribution to the County of an 18.4 acre lake as a source for all the fill needs of the entire redevelopment of SR-951, which has been accomplished, shall constitute its entire fair share obligation for surrounding traffic related construction, with the exception of needed improvements at newly created development road intersections with SR-951 and US-41, and compliance at the time of building permit with Collier County Ordinance 85-55, as amended from time to time. The fill contribution, any required intersection improvements and compliance with Ordinance Words jIM1111 are additions; words eereek—h! reagh are deletions. 12 - 1% 85-55 have been determined to satisfy the conditions of former Section 4.D.9.K.(4) of Collier County Development Order 84-3. The Agreement between Collier County and Developer as described in Paragraph 9.C. fully and completely satisfies Developer's obligations for all "fair share" contributions for the resident's use of State Road 951 as a hurricane evacuation route, for transportation and for mitigation of traffic impacts under this DRI Development Order and PUD document over and above legally imposed county -wide transportation impact fees. G. Any construction road or private roads installed from Fiddler's Creek to U.S. Hwy 41 will be made available to Collier County as an alternative emergency evacuation route upon request by the appropriate Collier County governmental official. It is intended that these recommendations supplement any other transportation related recommendations. If any of these recommendations conflict with any other recommendations, then the more restrictive should apply. A. No filling of the east -west canals/ditches contained on the 22.9 acre parcel described on page 7 of Exhibit "FC-C" hereof shall occur prior to the removal of exotics from the Preserve parcel located between Parcels 1 and 49 as depicted on Exhibit "FC-A" hereof. B. If the development activities in Fiddler's Creek are the cause of flooding in the Port - Au -Prince Project, Developer shall take immediate corrective action. C. Agricultural uses shall continue to be permitted on the undeveloped portions of Fiddler's Creek lying within Section 13, To"113hip 51 rt+ s : : .4����Ii1�L11�ti� : ►ta ti7i3►i��il fi�►��.7:�►� :.: � „i .r A. The Developer shall make provision to accept or pass through existing flows from culverts SIS-00-SO 150 and 180 under U.S. 41 by one or more of the following methods: i) Routing west along north line of Section 13 connecting to U.S. 41 outfall Swale No. 1. ii) Routing south along east side of Section 13, and further South connecting to Fiddler's Creek spreader facility. Words are additionso words ae:aek- t1 reagb are deletions. 12 - 18 iii) Routing through project's internal water management system. All of the above are subject to permitting by South Florida Water Management District. B. Within six (6) months of approval of the rezone of Section 13, Developer shall grant a "temporarv" easement to accommodate the construction of U.S. 41 outfall Swale SNo. I along the west side of Section 13, the profile of which shall not exceed that set forth in the construction plans therefor, as revised May 1992. Developer shall grant permanent easements as part of the platting process for properties adjacent to the temporary easement, and shall have the ability to change the boundaries of the easement, and the profile of the drainage swale during said platting process, provided minimum flows are maintained. C. Any other drainage easements required in Section 13 for the conveyance of off -site flows shall be dedicated and recorded within one (1) year of the approval of the rezone of Section 13, pursuant to the process set forth in 16.13) hereof. O AMERS%-ANA%WP311FMD[EA.AG\PEM.RM Words #WM are additions; words attact-tIreagh are deletions. 12 - 19 0 This nedlined draft, generated by Compareltite - The Instant Redliner, shows the differences between original document : G:\USERS\LANAIWPSIIFIDDLER.AG\PUD.ORG and revised document: G:\USERSV.ANA\WP511FIDDLER.AG\PUD.FNL and redline document: G:\USERS\LANA\WPSI\FIDDLEPAG\PUD.RED Deletions appear as struck -through text Additions appear as "redlined" text Words IMM are additional words strack-timeagh are deletions. 12-20 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-13 Which was adopted by the Board of County Commissioners on the 24th day of February, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of February, 1998. DWIGHT E . BROCR Clerk of Courts and•` C;.6rk , Ex-officio to Board :of County Commissio :3' ; = y: Maureen Renton Deputy Clerk "'