Backup Documents 12/10/2024 Item #16K12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6K 12
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office lA r Jj `ZIa
4. BCC Office Board of County CH by MB
Commissioners [s] jL4 (C
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was Agenda Item Number
Approved by the BCC 12I(0(t'7' g 16k12/1213
Type of Document(s) ^ /_ Number of Original
Attached Ceitie,e 4 �1q/tCeme,,4 Documents Attached
PO number or account tJ
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's signature?(stamped unless otherwise stated) MB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information (Name;Agency; Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by MB
the Chairman,with the exception of most letters, must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney MB
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the MB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. Some documents are time sensitive and require forwarding to Tallahassee within a
certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on IZ/to and all changes made during 1/A is na
the meeting have been incorporated in the attached document. The County Attorney =,i.kb an option,
Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the 34In'7 an option fob
Chairman's signature. this:lzl;1
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
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SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this 10 ' day of December, 2024, by and between NAPLES GOLF
DEVELOPMENT,LLC,hereinafter referred to as"Claimant,"and COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS, hereinafter referred to as "County," and hereinafter
collectively referred to as the "Parties."
WITNESSETH:
WHEREAS, on June 24, 2022, Claimant filed a Bert Harris claim pursuant to Fla. Stat.
§70.001 against the County (hereinafter referred to as the "Claim"); and
WHEREAS, the Claim alleges that the subject Property has been inordinately burdened
by the adoption of Ordinance No. 2017-10, as amended, the County's Golf Course Conversion
Ordinance; and
WHEREAS, the Bert Harris Act authorizes the County to make a settlement offer and
enter into a settlement agreement which would have the effect of a modification, variance,special
exception, or any other extraordinary relief from the application of a rule,regulation, or ordinance
as it would otherwise apply to property in Collier County, provided that the relief granted protects
the public interest served by the regulations at issue and is the appropriate relief necessary to
prevent the governmental regulations from inordinately burdening the property; and
WHEREAS, the County has made a proposed settlement offer pursuant to the Bert Harris
Act and Claimant has accepted the County's offer, subject to approval by the Board of County
Commissioners, the terms and conditions of which are reflected in this Agreement; and
WHEREAS, the Claimant has determined that this settlement provides the appropriate
relief necessary to prevent the governmental regulations from inordinately burdening the property;
and
WHEREAS, the County has determined that entering into this Agreement to effectuate
relief as authorized by the Bert Harris Act protects the public interest; and
WHEREAS, the Parties agree that nothing in this Agreement has the effect of
contravening the application of a statute as it would otherwise apply to the subject Property; and
WHEREAS, pursuant to the Bert Harris Act, the County and Claimant, without either
party admitting liability or fault,wish to avoid the expense, delay, risk, and uncertainty of lengthy
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litigation, and agree that it is in their respective mutual best interests to do so in accordance with
the terms set forth herein; and
WHEREAS, Claimant and the County now desire to settle and resolve all disputes
between them concerning the Claim and reduce the settlement to writing so that it shall be binding
upon both Parties' respective owners, principals, elected officials, officers, employees, ex-
employees, agents, attorneys, representatives, insurers, successors, assigns, heirs, departments,
agencies and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound, Claimant and
County agree as follows:
1. Recitals. The above recitals are true and correct and are hereby incorporated by reference.
2. The Property. A legal description and sketch of the subject property is attached hereto as
Exhibit A (hereinafter, the "Property").
3. Development Conditions. In consideration of the resolution of all disputes or claims
arising from or referring or relating in any way, whether directly or indirectly, to the Claim, the
Parties agree to the following:
a. Density. The Parties agree that Claimant is entitled to construct a mixed-use
residential development, including both multi-family and single-family units, with
up to 4.5 residential dwelling units per acre, not to exceed 369 residential dwelling
units. The Parties agree that the Property is currently zoned under the Rural
Agrigucltural District (A) category with a future land use designation of Rural
Fringe Mixed use, and these zoning and land use categories will not need to be
altered to effectuate the development approved under this Agreement. The Parties
agree that the right to construct 369 residential units shall continue in perpetuity
regardless of any amendment to the Comprehensive Plan or Land Development
Code, or any future change in ownership of the Property. The Parties expressly
acknowledge that Claimant shall not be required to use transfer of development
rights (TDR's) to achieve this density.
b. Permitted Use. The Parties agree that no building or structure, or part thereof, shall
be erected, altered or used, or land used, in whole or in part other than residential
dwelling units. No golf course shall be permitted on the property, except as provided
herein.
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c. Accessory Use. Accessory uses customarily associated with the permitted use shall
be permitted, including but not limited to:
i. Recreational facilities including clubhouse,pool,tennis facilities,parks,
and playgrounds.
ii. Customary accessory uses and structures including carports, garages
and utility buildings.
iii. Temporary sales trailers and model units.
iv. Essential services, including interim and permanent utility, water
management and maintenance facilities.
v. Walls,berms, signs.
vi. Passive open space uses and structures, including but not limited to
landscaped areas, gazebos, benches, and walking trails.
vii. Any other accessory use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, or Hearing Examiner,
pursuant to the process outlined in the Land Development Code
("LDC").
d, Conditional Use. The Parties agree that no conditional uses shall be available on
Property, except the existing conditional use for the golf course at the Property
(Collier County Resolution 99-62), which shall continue until such time as the
Notice of Commencement is filed for construction of the new development.
e. Development Standards. Claimant agrees to comply with the site design and
development standards contained in the attached Exhibit B ("Residential
Development Standards"). Standards not specifically set forth in Exhibit B shall
be those specified in the applicable sections of the LDC in effect at the date of
application for development order.
f. Transportation Concurrency. The County agrees that Claimaint shall not be
required to demonstrate transportation concurrency to the County as part of a
development order for the Property, and the County expressly waives any such
requirement. Claimant shall, however, be required to comply with all other
transportation concurrency requirements, payments, and improvements that may be
required by the State or its agencies. The County shall not take any action to impede
Claimant's efforts to secure concurrency with the State or any other agency.
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g. Water and Sewer Availability and Concurrency. The Property lies within the
service area of the Collier County Water-Sewer District ("CCWSD") and receives
CCWSD water and wastewater services. Water/sewer capacity exists as of the date
of this Agreement, however, Claimant understands and agrees that this does not
guarantee capacity at a future date. Claimant agrees to, and shall be required to,
demonstrate water/sewer concurrency at the time of development order and shall
comply with all water/sewer concurrency requirements, payments, and
improvements that may be required by the County and state for approval of a
development order on the Property. Subject to the foregoing, the County will
exercise good faith in approving other aspects of the Property's water/sewer
concurrency requirements..
h. Buffering. Claimant agrees to provide a Type A buffer around the entire perimeter
of the property, however, Claimant agrees to provide a Type B buffer along the
entire eastern boundary of the Property.
i. No Future Applications. Claimant agrees that it will not request or apply for any
expansion of uses, density increases or bonuses, or conditional uses. Claimant also
agrees that it will not request or apply for any variances, deviations, or changes to
the development standards provided for in Exhibit B Claimant may, however, apply
for variances from applicable sections of the LDC not specifically set forth in Exhibit
B, and must comply with the regulations set forth in the LDC, Collier County
Administrative Code and any other relevant local rule or regulation governing
variances, including,but not limited to, regulations regarding application and public
hearing requirements, variance criteria, and standards for approval.
j. Applicability of Land Development Code. The Parties agree that this Agreement
does not exempt the Claimant from applying for and obtaining the relevant
development orders (except any rezoning) required by the LDC, including, but not
limited to any plats/plans. Claimant agrees to comply with all other relevant
provisions of the LDC, including all applicable County development regulations.
k. Impact Fees. Claimant understands and agrees that this Agreement does not exempt
the Claimant from paying impact fees. Nothing in this Agreement shall constitute a
waiver of any impact fees.
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1. Permits. Claimant agrees that all applicable local, state and federal permits must be
obtained before commencement of development on the Property.
4. Pending Litigations and Claims.Upon approval of this Agreement by the Collier County
Board of County Commissioners, Claimant agrees to withdraw the Claim and agrees that it will
not seek further administrative or judicial review of the Claim. Claimant will further file a
dismissal with prejudice of Case no. 2023-CA-001795. Claimant will further voluntarily dismiss
its public records lawsuit against Commissioner McDaniel, Case no. 2023-CA-2995..
5. Attorney's Fees and Costs. The County will pay Claimant the sum of$250,000 towards
Claimant's expert fees and attorneys' fees. The parties are responsible for their own expert and
attorney's fees and costs incurred up to and throughout the approval of this Agreement by the
Collier County Board of County Commissioners. The prevailing party in any suit to construe or
enforce this Settlement Agreement shall be entitled to its attorneys' fees.
6. Conformity with the Land Development Code. The terms of this Agreement shall not
be construed as making the Property in any way non-conforming with the Land Development
Code.
7. Golf Course Conversion Ordinance. The parties expressly acknowledge that the
Property is not required to comply with Ordinance No. 2017-10, as amended, the County's Golf
Course Conversion Ordinance.
8. Approval of Agreement. The Parties agree that nothing in this Agreement has the effect
of contravening the application of a statute as it would otherwise apply to the Property, and
therefore no action in circuit court for approval of this Agreement is required pursuant to Section
70.001(4)(d),Florida Statutes.Neither Party may attempt to invalidate this Agreement on the basis
that a circuit court did not approve this Agreement pursuant to Section 70.001(4)(d), Florida
Statutes.
9. Release. In consideration of the resolution of the Claim, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, Claimant, on behalf of
themselves, their attorney, agents, representatives, heirs, successors and assigns,hereby expressly
releases and forever discharges the County, as well as its owners, principals, elected officials,
officers, employees, ex-employees, agents, attorneys, contractors, representatives, successors,
assigns, insurers, heirs, departments, agencies and affiliates, from any and all claims, demands,
causes of action, damages, costs, liens, attorney's fees, expenses, and obligations of any kind or
nature whatsoever, that Claimant has asserted or could have asserted in the Claim or that arise
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from or relate or refer in any way, whether directly or indirectly, accrued or unaccrued, known or
unknown, to the Claim or any incident, event or allegation referred to in the Claim.
10. Binding Effect. Claimant and the County acknowledge and agree that this Agreement is
intended to and shall be binding upon their respective owners,principals,elected officials,officers,
employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, heirs,
and affiliates.
11. Agreement Runs With The Land. The Parties acknowledge and agree that the rights,
covenants, restrictions, terms and conditions set forth in this Agreement touch and concern the
Property and run with the land. The Parties intend the Agreement to be binding upon and inure to
the benefit of any future owner of the Property.
12. No Admission. The terms and conditions set forth above are in compromise of a disputed
Bert Harris Act claim pursuant to Section 70.001(4)(c),Florida Statutes,and shall not be construed
as an admission of liability or fault by either party, which is expressly denied. Provided, however,
that this Agreement shall be admissible in order to enforce its terms.
13. Waiver. The waiver by any Party of a breach of any provision of this Agreement by any
other Party shall not operate or be interpreted as a waiver of any later breach of that provision or
any other provision.
14. Authority. The signatories to this Agreement have the authority and are expressly
authorized to resolve all matters as set forth herein and by their signatures here represent and affirm
their authority to execute this Agreement.
15. Recorded. Claimant, at its sole cost and expense, shall record this Agreement in the public
records of Collier County, Florida, within thirty (30) days of approval by the Board of County
Commissioners.
16. Notices. All notices required or permitted to be given hereunder shall be in writing and
shall be deemed given when(a)hand delivered, or(b)delivered via Federal Express,UPS or other
nationally recognized overnight courier service, receipt required, or (c) transmitted via email or
facsimile, provided a copy is sent the next business day by method (a) or (b). Notices shall be
deemed delivered on the date hand delivered or on the date shown on the receipt. All notices shall
be addressed as follows:
County: Collier County Office of the County Manager
3299 Tamiami Trail East, Suite 202
Naples, FL 34112
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With a Copy to: Collier County Office of the County Attorney
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
Claimant: Naples Golf Development, LLC
12455 S Access Rd
Port Charlotte, FL 33981
17. Entire Agreement. This is the entire agreement by and between Claimant and the County,
and no verbal or written assurance or promise by any party hereto is effective or binding unless
included in this Agreement. This Agreement may not be amended without a written instrument
signed by both parties and approved by the Collier County Board of County Commissioners.
18. Breach. For breach of any provision of this Agreement, the non-breaching Party shall
provide written notice via certified mail and 30 days to cure, unless mutually extended by the
Parties within 30 days of delivery of said notice to cure. If no solution can be reached within 30
days of delivery of said notice, the Parties agree that all underlying causes of action or claims of
Claimant have been extinguished by this Agreement and that the sole remedy for breach of this
Agreement shall be for specific performance of the terms and conditions of this Agreement.
19. Invalidation.The Parties agree that if any provision of this Agreement is held to be invalid,
illegal or unenforceable, either legislatively or judicially, that provision will be severed from the
Agreement and the remainder of this Agreement shall not be affected thereby and will continue to
be valid and enforceable to the fullest extent permitted by law.
20. Applicable Law. The Parties agree that the sole venue for any such action shall be in the
Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida.
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IN WITNESS WHEREOF. Claimant and the County have signed and sealed this Settlement
Agreement on the date noted above,as set forth below.
AS TO CLAIMANT: NAPLES GOLF DEVELLOOPMEN , LLC;
13y: /
�i0� - / , /7 (377—e--
Name: ,,n
Title: /1 itt 446/ ll.r '`1i') /31
STATE OF FLORIDA �
COUNTY OF•EOLLIL`R,�f}/IJT7
The foregoing instrument was cknowledge before me by means of physical presence
or online notarization, this /r day of /VOIABrAltei , 2024, by NAPLES GOLF
DEVELOPMENT.LLC.
., ch,,,,,„_.
Notary Public State of Florida ► tgnaturr of Notary Public State of I to ida
A Re eoca Anderson Caspari I
M NH Comm,ssion 240280
1 Exp. 3114/2026
► (Prutl,Type,or Stamp Commissioners
Name of Notary Public)
Personally Known OR_Produced Identification
Type of Identification Produced:
AS TO COUNTY:
ATTEST; �;.! -
CRYS AL K %. 2t = Clerk BOARD OF ' ' NTY COMMISSIONERS
,¢,� OF COL', )UNTY 'LORIDA
BY: /ti:—41 �''�y `~ By:
!)ate: '
/?'•2 Attest as to Chairman-'s Ch ' all.C airman
signature only.
Appr vtid.a ;,, legality:
a
Jeff. .%aa z OW
Co ', Att+; iey
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l i
EXHIBIT "A"
PARCEL 1: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER
(SE 1/4) OF THE SOUTHWEST QUARTER (SW I,'4) OF SECTION 17 AND THE NORTHEAST
CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW
1/4)OF SECTION 20 RUN NORTH ALONG THE EAST BOUNDARY LINE OF THE EAST HALF
(E 1.2) OF THE SOUTHWEST QUARTER (SW 1 4) (APPROXIMATELY N.00°36'45"E.) FOR
129.00 FEET TO A MARKER. BEING THE POINT OF BEGINNING, THENCE CONTINUE
ALONG SAID EAST BOUNDARY LINE AT N.00°36'45"E. FOR 2551.34 FEET TO A
CONCRETE MARKER. SAME BEING THE NORTHEAST CORNER OF THE NORTHEAST
QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1'4) OF SECTION 17; THENCE
WEST ALONG THE NORTH BOUNDARY LINE OF THE NORTHEAST QUARTER (NE 1/4) OF
THE SOUTHWEST QUARTER (SW 1'4), (APPROXIMATELY N.88°44'00"W,), 0r SECTION 17
FOR 1326.25 FEET TO A MARKER: THENCE SOUTH ALONG THE WEST BOUNDARY LINE
OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4), (APPROXIMATELY
S.00°35'20"W.)OF SECTION 17 FOR 1613.36 FEET TO MARKER, THENCE SOUTHEASTERLY
(APPROXIMATELY S.53°40`S0"E.) AND PARALLEL TO AND 400.00 FEET BY
PERPENDICULAR MEASUREMENT TO THE NORTHERLY RIGHT-OF-WAY LI`E OF US
HIGHWAY 4 I FOR 1642.7 FEET TO THE POINT OF BEGINNING.
PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER
(SE 1/4)OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 17 AND THE NORTHEAST
CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW
1/4)OF SECTION 20 RUN NORTH ALONG THE EAST BOUNDARY LINE OF THE EAST HALF
(E 1/2) OF THE SOUTHWEST QUARTER (SW I/4) (APPROXIMATELY N.00°36`45"E,) FOR
129.00 FEET, MORE OR LESS, TO A MARKER, THENCE NORTHWESTERLY
(APPROXIMATELY N.53°40'S0"W.) ALONG A LINE PARALLEL TO AND 400 FEET BY
PERPENDICULAR MEASUREMENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF US
HIGHWAY 41 (TAMIAMI TRAIL) FOR A DISTANCE OF 816.00 FEET, MORE OR LESS, TO A '
POINT ON THE CENTER LINE OF AN EXISTING ROAD; WHICH BISECTS THE EAST HALF
(E 1/2)OF THE WEST HALF FO SECTION 17, SAID POINT ON THE CENTER LINE OF SAID
EXISTING ROAD BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
NORTHWESTERLY LINE FOR A DISTANCE OF 822.00 FEET, MORE OR LESS, UNTIL
REACHING THE EAST BOUNDARY LINE OF THE SOUTHWEST QUARTER(SW 1/4)OF THE
SOUTHWEST QUARTER (SW 1'4) OF SECTION 17 (SAID NORTHWESTERLY LINE ABUTS
THE SOUTHERLY BOUNDARY OF LAND, 63 ACRES. MORE OR LESS CONVEYED TO
HENRY C. HIXSON BY DEED DATED DUNE 9, 1976). THENCE SOUTH (APPROXIMATELY
S.00°35'20"W.) ALONG SAID EAST BOUNDARY LINE FOR A DISTANCE OF 492.00 FEET,
MORE OR LESS, UNTIL REACHING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE
OF US HIGHWAY 41 (TAMIAMI TRAIL); THENCE SOUTHEASTERLY ALONG THE
NORTHERLY RIGHT-OF-WAY (APPROXIMATELY S.53°40'50"E.) OF US HIGHWAY 41 FOR
A DISTANCE OF 533.00 FEET, MORE OR LESS, TO THE CENTER LINE OF THE EXISTING
ROAD WHERE IT INTERSECTS AND IS PERPENDICULAR TO US HIGHWAY 41; THENCE
NORTHERLY (APPROXIMATELY N.36°13'10"E.) ALONG THE CENTER LINE OF SAID
ROAD FOR A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING.
FXHITIT "R"
Pace I of 2
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PARCEL 3: A PARCEL OF LAND LYING IN SECTION 17.TOWNSHIP 51 SOUTH. RANGE 27
EAST, COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF LANDS DESCRIBED IN
OFFICIAL RECORD HOOK 324. PAGE 149 OF THE PUBLIC RECORDS OF COLLIER
COUNTY. FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4)
OF SAID SECTION 17, THENCE N.00°27'26"E. ALONG THE EASTERLY LINE OF SAID
SOUTHWEST QUARTER(SW 1/4) FOR A DISTANCE OF 128.90 FEET TO AN INTERSECTION
WITH A LINE 400.00 FEET NORTHEASTERLY OF AS MEASURED AT RIGHT ANGLES TO
AN PARALLEL WITH THE NORTHEASTERLY RIGHT•OF-WAY LINE OF TAMIAMI TRAIL
(US HIGHWAY 41, STATE ROAD 90); THENCE N,54°11'31"W. ALONG SAID PARALLEL
LINE FOR A DISTANCE OF 750.08 FEET; THENCE N,54°22'01"W. CONTINUING ALONG
SAID PARALLEL LINE FOR A DISTANCE OF 65.55 FEET TO AN INTERSECTION WITH THE
CENTERLINE OF AN EXISTING ROAD; THENCE S.35°37'59"W. ALONG SAID CENTERLINE
FOR A DISTANCE OF 400.00 FEET TO AN INTERSECTION WITH THE SAID
NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL; THENCE N.54°22'01"W.
ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 524.47 FEET
TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WEST HALF OF THE
SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 17, THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN BEING DESCRIBED;THENCE N.54°22'0I"W.CONTINUING
ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL FOR A
DISTANCE OF 1106.30 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN
EXISTING ROAD;THENCE N.35°37'59"E.ALONG SAID CENTERLINE FOR A DISTANCE OF
402.60 FEET; THENCE S.89°30'23"E. FOR A DISTANCE OF 672.96 FEET TO AN
INTERSECTION WITH TILE AFORESAID EASTERLY LINE OF THE WEST HALF OF THE
SOUTHWEST QUARTER (SW 1/4) OF SECTION 17; THENCE S.00°29'37"W. ALONG SAID
EASTERLY LINE FOR A DISTANCE OF 965.98 FEET TO THE POINT OF BEGINNING.
ABOVE SAID THREE PARCELS OF LAND CONTAINING 82.48 ACRES, MORE OR LESS.
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EXHIBIT B
RESIDENTIAL DEVELOPMENT STANDARDS
The standards for land uses within the development shall be as stated in this development
standard table. Standards not specifically set forth herein shall be those specified in applicable
sections of the LDC in effect as of the date of application for development order.
DEVELOPMtNT; 're•>' OR fa:I 111: S ngfamily SingJeyfamlly' Tow hoes
C6ub yR e -UonST NIARtfS i —k,, te - E chd attached : j�Buildiii''; r, . .1L 9 . ', , � a rr rPEA ,u.,. TYPE• - _ - ;, .
•zPRiNtiPAi r` ` f
STRCKTTIRES r'' `•''',Minimum lot area 7,800 s.f. 5,200 s.f. 2,250 s.f./unit 1,620 s.f./unit 8,000 s.f.
Minimum lot width 60 feet 40 feet 25 feet 18 feet N/A
Minimum lot depth 120 feet 120 feet 90 feet 90 feet N/A
lot coverage max. 55% 55% 60% 75%
Minimum front yard 20 feet 20 feet 20 feet 15 feet/8 feet N/A
non-enclosed
areas(i.e.,
porch)
Minimum side yard 10 feet 10 feet between 5 feet 5 feet N/A
between structures 0 feet(common 0 feet(common
structures wall or shared wall or shared
lot line); lot line);
10 feet corner 10 feet corner
lot lot
Minimum rear yard 10 feet 10 feet 10 feet 10 feet N/A
(principal (principal (principal (principal
structure)/ structure)/ structure)/ structure)/
4 feet 4 feet 4 feet pool decks and
(deck/patio)/ (deck/patio)/5 (deck/patio)/ screen
5 feet(pool feet(pool edge) 5 feet(pool enclosures
edge) edge) (N/A)
Minimum preserve 25 feet 25 feet 25 feet 25 feet 25 feet
setback
Maximum building 35 feet 35 feet 40 feet 35 feet 50 feet
height
Minimum open space 50%(project)
Buffering requirement _ Type A buffering(project perimeter, except for Type B along Eastern boundary)
General: Except as provided for herein, all criteria set forth above shall be understood to be in
relation to individual parcel or lot boundary lines, or between structures. Homeowners'
association boundaries shall not be utilized for determining development standards.
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