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Agenda 05/22/2018 Item # 9A05/22/2018 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 84-42, as amended, 96-74, 98-13 and 2000-84, the Marco Shores/Fiddler’s Creek Planned Unit Development, to retain the residential density of 6000 units and to retain the maximum commercial development of 325,000 square feet of gross floor area for Fiddler’s Creek; to increase the business development area from 33.62 acres to 55 acres; to add project entrances for US 41; to increase the residential development area from 1,226.89 to 1,280 acres; to provide for a conversion factor for single-family and multi-family dwellings without increasing the total number of approved dwelling units for the PUD; to re-designate 140 acres to residential development area and/or golf and/or lake area; to allow that the remaining golf course may be constructed when feasible on the Estancia property or Section 29; to allow golf course uses in Section 29 in the parks development area; to move a project entrance to the east; to add residential including adult congregate living facilities east of Collier Boulevard in Sections 15 and 22; to amend Master Plan Exhibit FC-A1; providing for conflict and severability; 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, 1 3, 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. [PL20160002496]. (This is a companion to agenda item 9B.) OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Marco Shores/Fiddler’s Creek Planned Unit Development (PUD) was originally approved in Ordinance Number 84-42 on June 12, 1984. There have been several subsequent ordinances: Ordinance numbers 84-42, 88-48, 89-34, 91-06, 01-6, 92-90, 96-74, 98-12, 98-13 and 98-38. The portion of the PUD located within Unit 30 is known as “Fiddler’s Creek.” The PUD is currently approved for 6,000 single-family and multi-family residential units, 325,000 square feet of business /commercial area, a golf course, preserve areas, and parks. It is partially developed with single-family and multi-family residences, an office building, parks, reserve/preserve areas, community clubhouses, and a golf course. The petitioner is proposing the following changes with this amendment: Add two additional Business/Commercial sites to the Master Plan; Increase the Business/Commercial development area from 33.62 acres to 55 acres; Add two land uses to the Business/Commercial area in Unit 30 only: Multi-family dwellings and air-conditioned self-storage; Increase the Residential development area from 1,226.89 to 1,280 acres;  Provide for a conversion factor for single-family and multi-family dwellings without increasing the total number of approved dwelling units for the PUD; Re-designate 140 acres to residential development area and/or golf and/or lake area; Make golf courses optional; Allow golf course uses when feasible on the Estancia property and in section 29 in the parks development area; Add two new access points on Tamiami Trail East (US 41) and move the project entrance to the east; 9.A Packet Pg. 36 05/22/2018 Add residential including adult congregate living facilities east of Collier Boulevard in sections 15 and 22; and  Update the Master Plan (Exhibit FC-A1) accordingly. The proposed amendments do not change the previously approved residential density of 6,000 units and the maximum commercial density of 325,000 square feet of gross floor area. FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the PUD amendment is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUD Amendment and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See attached Exhibit: FLUE Consistency Review. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC was scheduled to hear petition PUDA-PL20160002496, Marco Shores/Fiddler’s Creek PUD on April 19, 2018. There was not a quorum and the petition was continued to the May 3, 2018 CCPC hearing. The CCPC voted 5-0 to forward this petition to the Board with a recommendation of approval subject the following stipulations: - incorporate Staff's recommendations of approval; - show interconnection from EMS to the proposed linear park; and - add language that dumpsters shall be as far away from residential areas as possible. LEGAL CONSIDERATIONS: This is an amendment to the existing Marco Shores/Fiddler’s Creek PUD (Ordinance No. 84-42 as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments: Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to 9.A Packet Pg. 37 05/22/2018 arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as 9.A Packet Pg. 38 05/22/2018 amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for PUDA -PL20160002496, Marco Shores/Fiddler’s Creek PUD, with the CCPC conditions of approval. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning ATTACHMENT(S) 1. Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (PDF) 2. [Linked] Ordinance - 050818 (PDF) 3. Master Plan 5-8-18A (PDF) 4. Location Map (PDF) 5. US 41 Entrance Exhibit-PL20160002496-Marco Shores-Fiddler's Creek PUD (PDF) 6. Traffic Concerns Related to Fiddler's Creek-Marco Shores-PUD (PDF) 7. Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (PDF) 8. [Linked] Application (PDF) 9. Legal Ad - Agenda ID 5437 (PDF) 10. Email and Letters of Objection Combo 5-4-18 (PDF) 11. Letter of No Opposition fr Conservancy 4-19-18 (PDF) 9.A Packet Pg. 39 05/22/2018 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 5437 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 84-42, as amended, 96-74, 98-13 and 2000-84, the Marco Shores/Fiddler’s Creek Planned Unit Development, to retain the residential density of 6000 units and to retain the maximum commercial development of 325,000 square feet of gross floor area for Fiddler’s Creek; to increase the business development area from 33.62 acres to 55 acres; to add project entrances for US 41; to increase the residential development area from 1,226.89 to 1,280 acres; to provide for a conversion factor for single-family and multi-family dwellings without increasing the total number of approved dwelling units for the PUD; to re-designate 140 acres to residential development area and/or golf and/or lake area; to allow that the remaining golf course may be constructed when feasible on the Estancia property or Section 29; to allow golf course uses in Section 29 in the parks development area; to move a project entrance to the east; to add residential including adult congregate living facil ities east of Collier Boulevard in Sections 15 and 22; to amend Master Plan Exhibit FC-A1; providing for conflict and severability; 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. [PL20160002496] (This is a companion to Agenda Item 9B.) Meeting Date: 05/22/2018 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 04/24/2018 4:14 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 04/24/2018 4:14 PM Approved By: Review: Zoning Michael Bosi Additional Reviewer Completed 04/25/2018 11:34 AM Zoning Ray Bellows Additional Reviewer Completed 04/30/2018 10:40 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 05/01/2018 10:23 AM Growth Management Department James French Additional Reviewer Completed 05/01/2018 1:23 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 05/09/2018 8:47 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 05/09/2018 3:50 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/09/2018 3:56 PM 9.A Packet Pg. 40 05/22/2018 Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/10/2018 9:52 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 05/10/2018 1:32 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/13/2018 8:41 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/22/2018 9:00 AM 9.A Packet Pg. 41 9.A.1Packet Pg. 42Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1 Packet Pg. 43 Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco 9.A.1 Packet Pg. 44 Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco 9.A.1 Packet Pg. 45 Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco 9.A.1Packet Pg. 46Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 47Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 48Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 49Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 50Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 51Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 52Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 53Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 54Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 55Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 56Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 57Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 58Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.1Packet Pg. 59Attachment: Staff Report-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.3 Packet Pg. 60 Attachment: Master Plan 5-8-18A (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) Collier BLVDBal d Ea gl e DRN Collier BLVDS Colli e rBLVD Tamiami TRL E San Marco RD(PU-2) CU PU-B PU V NUA NUA PU PUV PU"B",CU V CU CU CU CU CU SV PU-B DRI PE DRD V MH CON-ST PUD PUD CON-ACSC/ST C-4 PUD A-MHOVR A MH P A RSF-3 A A TTRVC TTRVCC-5C-4 C-3 A MH A PUD PUD CPUD C-3 MHPUD TTRVC E MH A-MHOIA-MHO RSF-3 A A-MHOA-MHOA-MHO CON-ST PUD CON-ST MH A A PUD APUD C-4 C-3 RMF-16RMF-16(8)C-4 CPUD C-5 P PUD ARPUD P ARPUDA RPUD RPUD A C-2PUDAPUD CON-ST CON-ACSC/ST RSF-3RPUD CON-ST REGAL ACRES MARCO SHORESCOUNTRY CLUB FALLING WATERSBEACH RESORT WINDINGCYPRESS BOYNESOUTH EAGLECREEK WALNUTLAKES NAPLES RESERVEGOLF CLUB (EX) PARADISEPOINTE RVRESORTCOPPERCOVEPRESERVEPELICANLAKE SILVER LAKES LELYRESORT NAPLES MOTORCOACHRESORT ARGOMANATEE MARC.SHRS/FIDLR'SCRKCollier BLVDSan Marco RDTamiami TRL E Location Map Zoning Map Petition Number: PL20160002496 PROJEC TLOCATION SITELOCATION ¹ 9.A.4 Packet Pg. 61 Attachment: Location Map (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.5 Packet Pg. 62 Attachment: US 41 Entrance Exhibit-PL20160002496-Marco Shores-Fiddler's Creek PUD (5437 : Marco 9.A.6Packet Pg. 63Attachment: Traffic Concerns Related to Fiddler's Creek-Marco Shores-PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.6Packet Pg. 64Attachment: Traffic Concerns Related to Fiddler's Creek-Marco Shores-PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.6 Packet Pg. 65 Attachment: Traffic Concerns Related to Fiddler's Creek-Marco Shores-PUD (5437 : Marco 9.A.6 Packet Pg. 66 Attachment: Traffic Concerns Related to Fiddler's Creek-Marco Shores-PUD (5437 : Marco 9.A.6 Packet Pg. 67 Attachment: Traffic Concerns Related to Fiddler's Creek-Marco Shores-PUD (5437 : Marco 9.A.6 Packet Pg. 68 Attachment: Traffic Concerns Related to Fiddler's Creek-Marco Shores-PUD (5437 : Marco 9.A.7Packet Pg. 69Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 70Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 71Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 72Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 73Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 74Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 75Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 76Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 77Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 78Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 79Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 80Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 81Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 82Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 83Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 84Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 85Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 86Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 87Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 88Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 89Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 90Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 91Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 92Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 93Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 94Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 95Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 96Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 97Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 98Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 99Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 100Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 101Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.7Packet Pg. 102Attachment: Transcript of the NIM meeting-Marco Shores-Fiddler's Creek PUD (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.9 Packet Pg. 103 Attachment: Legal Ad - Agenda ID 5437 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.10 Packet Pg. 104 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.10 Packet Pg. 105 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.10 Packet Pg. 106 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.10 Packet Pg. 107 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.10 Packet Pg. 108 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.10 Packet Pg. 109 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 1 SmithCamden From:GundlachNancy Sent:Wednesday, May 02, 2018 11:15 AM To:ChrzanowskiStan; Diane Ebert (jodiebert@reagan.com); FryerEdwin; HomiakKaren; SchmittJoseph; Joseph Schmitt; Patrick Dearborn; Patrick Dearborn (pdearborn@johnrwood.com); schrzanowski2 @comcast.net; StrainMark; Thomas Eastman Cc:BosiMichael; BellowsRay; SmithCamden Subject:FW: Fiddler's Creek Proposed PUD Petition to Planning Commission - Issues of Concern Importance:High Good morning Commissioners,    Please see the email below objecting to the Fiddler’s Creek land use petitions.     Sincerely,    Nancy Nancy Gundlach, AICP, PLA  Principal Planner    Zoning Division  Growth Management Department    2800 North Horseshoe Drive  Naples, FL 34104  239‐252‐2484    Note: new email address:    Nancy.Gundlach@colliercountyfl.gov.    “Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning”    From: StrainMark   Sent: Wednesday, May 2, 2018 11:03 AM  To: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov>  Subject: FW: Fiddler's Creek Proposed PUD Petition to Planning Commission ‐ Issues of Concern  Importance: High    Please distribute as typical.    Mark 239.252.4446 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.   9.A.10 Packet Pg. 110 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 2 From: hcpaton@comcast.net [mailto:hcpaton@comcast.net]   Sent: Wednesday, May 02, 2018 7:56 AM  To: StrainMark <Mark.Strain@colliercountyfl.gov>  Subject: Fiddler's Creek Proposed PUD Petition to Planning Commission ‐ Issues of Concern  Importance: High    Dear Chairman Strain, Please refer to the concerns listed below, written by resident Peter Blicher, pertaining to the proposed PUD petition changes that are under consideration by the Planning Commission. As a 16 year resident of CCD 1, I am in full agreement with Mr. Blicher’s concerns. I would appreciate it if you would submit this email of concern into the public record and distribute to Planning Commission members regarding my concerns. Group 1 The Developer wishes to close off the Fiddler’s Creek Parkway extension and to convert it into a linear park. The extension was there, according to the original Master Plan, to eventually provide emergency service to parts of Fiddler’s as well as to provide general egress and ingress at Route 41. Closing it off will forever limit possible improvements that would improve emergency and response time and safety. A belatedly proposed 12 foot wide path down through the proposed linear park is not the answer. It would require a pedestrian secure gate at Route 41 which even if electronically operated, would still require ballards at the internal end of the path which would have to be opened for emergency vehicles to get into Fiddler’s. Would it not make more sense to provide an entry for emergency vehicles at Route 41 which would be electronically protected and openable and which goes into the drive around Veneta. That would serve Veneta well and would serve the rest of Fiddler’s also. Group 2 The Fiddler’s Creek Parkway extension has water lines, catch basins, fire hydrants, electrical, etc. Won’t most of that go to waste if a linear park is put in. Did CDD2 pay for all of that and are the homeowners in CDD2 still paying for that and its maintenance? Who will reimburse CDD2 for any wasted expense if much of that cost is simply buried by a linear park? And if the linear park is built, who will pay for the cost of the park facilities and the land, and at what valuation, as buildable land or as parkland? Group 3 Isn’t it true that if the extension of Fiddler’s Creek was built the land would be transferred at no cost to Collier County. As it was shown as a roadway that would have cost those in Fiddler’s nothing if the road was completed as planned, should not it cost the homeowners and Foundation nothing if instead it is converted into a park? Group 4 I live in CDD1. I understand some in CDD2 are unhappy with the dumping ground the roadway extension has become and that some in CDD2 would prefer a park in the Fiddler’s Creek Parkway extension rather than a possible future roadway. However, that will cost me and many living in other parts of CDD2 a substantial amount to purchase the park and will produce a park which is inconvenient to most of us living in Fiddler’s. The desire of most of us living in Fiddler’s to have a centrally located park should not be subordinated for the relative few who would prefer a park to a dumping ground. 9.A.10 Packet Pg. 111 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 3 The owner of the roadway should keep the extension clean and neat. And if it is to remain undeveloped as a road, it should be cleaned up and seeded so that it is not an eyesore. Group 5 I believe my home value has dropped more than the norm of other comparable local communities. I believe this is partly due to the fact that there has not been diligent follow-through by the Developer in accordance with the original master plan. I feel the dream I was sold is not coming true. The Developer should fulfill his promises according to the existing Master Plan and that the internal layout of Fiddler’s should remain as promised. Group 6 I would hope this planning board can bifurcate the present proposal, specifically regarding the portion relating to the modification of the Fiddler’s Creek Parkway extension, and until the homeowners have an opportunity to work with the Developer regarding what other alternatives there are for the park amenities proposed for that parcel. The parcel is inconvenient for most homeowners and the amenities proposed by the Developer, such as the dog park, require a long walk, even after a drive which itself could take some owners 10 minutes or more just to get to the parking area. The amenities which the so-called linear park would potentially have are a basketball court, two bocce ball courts and two shuffleboard courts, things we have managed to live without for 20 years. There are other places owned by the Foundation and shown as parks and more centrally located where such amenities could be located without requiring the members to pay anything for the land on which they might be built. Why should this Board sanction allowing the Developer to force the homeowners to spend a large sum to buy unneeded land? Because he controls everything in Fiddler’s the Developer can force the homeowners, through the Foundation, to buy land at inflated rates. And we have more pressing needs, namely additional pool and club facilities. The money that would be spent on the parkland would better be saved towards needed improvements in such common facilities for all of the growing number of homeowners. This Board should allow the owners a voice in dealing with the Developer regarding whether the unneeded and inconvenient park which the Developer wants to create should ever be built. Group 7 Over 20 years ago the Developer built a gazebo and boardwalk as a park in Fiddler’ s in a swampy area near the 951 Fiddler’s entrance. About 6 or 7 years ago, pursuant to documents the Developer created, an agreement was negotiated between two of his employees who acted as buyer and seller to buy that park for the Foundation with Foundation funds at buildable land rates. At the same time he sold one centrally located platted park parcel near the Isla Del Sol Village at that same buildable land rate even though it was not so buildable according to the Master Plan and PUD plat. That land could be used for park purposes, such as shuffleboard and bocce ball, and even for basketball. Yet, since it was purchased with owner/member funds 6 years ago no effort to make it usable as a park has been undertaken by the Developer controlled Foundation Board. Perhaps that was done so the present effort to sell the Fiddler’s Creek Parkway extension might be forced on the homeowners. That park serves primarily as a parking lot for landscapers to rest and eat lunch in. If we need a new park, before the owners are forced to buy a huge new parcel and to spend a large sum to clean it up and then prepare it for use, most of the proposed amenities can go in that parcel already owned by the members. And if the Developer will not allow such uses, how can the Members expect him to honor any promise to build the park he is suggesting should go in to the Fiddler’s Creek right of way. If the Board approves the right-of-way modification, please understand you will be imposing on the homeowners the requirement to buy that land from the Developer at any price he wishes to extract because that is the way the Fiddler’s documents are written. Instead, please require him to work with 9.A.10 Packet Pg. 112 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 4 the owners and show good faith before approving his right to saddle the owners with a huge bill for what is inconvenient to most owners and not desired by most owners. Thank you for the consideration of my concerns, Nancy Paton 7622 Mulberry Lane 9.A.10 Packet Pg. 113 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.10 Packet Pg. 114 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.10 Packet Pg. 115 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.10 Packet Pg. 116 Attachment: Email and Letters of Objection Combo 5-4-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) 9.A.11 Packet Pg. 117 Attachment: Letter of No Opposition fr Conservancy 4-19-18 (5437 : Marco Shores/Fiddler's Creek PUDA, PL20160002496) ORDINANCE NO. 18 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 84-42, AS AMENDED, 96-74, 98-13 AND 2000-84, THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT, TO RETAIN THE RESIDENTIAL DENSITY OF 6000 UNITS AND TO RETAIN THE MAXIMUM COMMERCIAL DEVELOPMENT OF 325,000 SQUARE FEET OF GROSS FLOOR AREA FOR FIDDLER'S CREEK; TO INCREASE THE BUSINESS DEVELOPMENT AREA FROM 33.62 ACRES TO 55 ACRES; TO ADD PROJECT ENTRANCES FOR US 41; TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA FROM 1226.89 TO 1280 ACRES; TO PROVIDE FOR A CONVERSION FACTOR FOR SINGLE-FAMILY AND MULTI -FAMILY DWELLINGS WITHOUT INCREASING THE TOTAL NUMBER OF APPROVED DWELLING UNITS FOR THE PUD; TO RE -DESIGNATE 140 ACRES TO RESIDENTIAL DEVELOPMENT AREA AND/OR GOLF AND/OR LAKE AREA; TO ALLOW THAT THE REMAINING GOLF COURSE MAY BE CONSTRUCTED WHEN FEASIBLE ON THE ESTANCIA PROPERTY OR SECTION 29; TO ALLOW GOLF COURSE USES IN SECTION 29 IN THE PARKS DEVELOPMENT AREA; TO MOVE A PROJECT ENTRANCE TO THE EAST; TO ADD RESIDENTIAL INCLUDING ADULT CONGREGATE LIVING FACILITIES EAST OF COLLIER BOULEVARD IN SECTIONS 15 AND 22; 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. [PL20160002496] 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 was amended on several 117 -CPS -01706/1411720/1] 175 Underlined text is added; c'^'� text is deleted. Fiddler's Creek/Marco Shores PUDA PL20160002496 Page l of 3 5/8/18 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, on February 24, 1998, the Board of County Commissioners approved Ordinance Number 98-13 to add 1,385 acres to the Fiddler's Creek area of the Marco Shores/Fiddler's Creek PUD; and WHEREAS, on December 12, 2000, the Board of County Commissioners adopted Ordinance Number 2000-84 to add ±168 acres to the Fiddler's Creek area of the Marco Shores/Fiddler's Creek; and WHEREAS, Richard D. Yovanovich, Esquire, of Coleman, Yovanovich & Koester, P.A., and Wayne Arnold of Q. Grady Minor & Associates, P.A. representing FCC Commercial LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend the PUD; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on May 3, 2018; and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO THE PUD DOCUMENT IN ORDINANCE NOS. 84-42, AS AMENDED AND 96-74, 88-13 AND 2000-84, THE MARCO SHORES/FIDDLER'S CREEK COMMERCE PARK PUD. The Planned Unit Development Document in Ordinance Numbers 84-42, as amended, and 96-74, 98-13 and 2000-84, is hereby amended by Exhibit A attached hereto and incorporated by reference herein. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other 117 -CPS -01706/1411720/11 175 Underlined text is added; Stmgig" text is deleted. Fiddler's Creek/Marco Shores PUDA PL20160002496 Page 2 of 3 5/8/18 applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A --- PUD Document 117 -CPS -01706/1411720/11 175 Fiddler's Creek/Marco Shores PUDA PL20160002496 51s118 day of , 2018. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. ANDY SOLIS, Chairman Underlined text is added; ugh text is deleted. Page 3 of 3 Exhibit A AMENDMENT TO MARCO SHORES PLANNED UNIT DEVELOPMENT AS IT RELATES TO: FIDDLER'S CREEK PREPARED BY: GEORGE L. VARNADOE, ESQ. YOUNG, VAN ASSENDERP & VARNADOE, P. A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FL 34108 (941) 597-2814 AMENDED BY: D. WAYNE ARNOLD, AICP Q. GRADY MINOR AND ASSOCIATES, P.A 3800 VIA DEL REY BONITA SPRINGS, FL 34134 239-947-1144 AND R BRUCE ANDERSON, ATTORNEY AT LAW CHEFFY PASSIDOMO, P.A. 821 5TH AVENUE SOUTH, NAPLES, FL 34102 239-261-9300 DATE FILED: DATE APPROVED BY CCPC:. DATE APPROVED BY BCC: ORDINANCE NUMBER: Words underlined are additions; words stouek thowugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 1 of 71 INDEX Words underlined are additions; words smuek through are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 2 of 71 PAGE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 4-43 SECTION II PROJECT DEVELOPMENT 246 SECTION III RESIDENTIAL LAND USE DISTRICT 3-415 DEVELOPMENT (FIDDLER'S CREEK) SECTION IV MULTI -FAMILY RESIDENTIAL DEVELOPMENT 4-421 SECTION V PRESERVE DISTRICT (FIDDLER'S CREEK) X24 SECTION VI BUSINESS DEVELOPMENT 6-427 SECTION VIA ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA 6A-431 SECTION VIB ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA 6B,433 STIPULATIONS AND COMMITMENTS SECTION VII GOLF COURSE AND CLUB CENTER DEVELOPMENT 7-437 SECTION VIII PARKS AND RECREATION DEVELOPMENT 9 439 SECTION IX UTILITY/ELECTRIC DEVELOPMENT 9-441 SECTION X MARINA DEVELOPMENT 10 142 SECTION XI DEVELOPMENT STANDARDS 14-444 SECTION XII STIPULATIONS AND COMMITMENTS 42455 EXHIBIT "A" MASTER PLAN EXHIBIT "B" LOCATION MAP EXHIBIT "C" LEGAL DESCRIPTION OF DEVELOPMENT TRACTS EXHIBIT "D" IMPROVEMENT ESCROW AGREEMENT EXHIBIT "E" LETTER OF COMMITMENT EXHIBIT "FC -A1" FIDDLER'S CREEK MASTER PLAN EXHIBIT "FC -C1" LEGAL DESCRIPTION OF FIDDLER'S CREEK EXHIBIT "FC -F" FIDDLER'S CREEK ROADWAYS CROSS-SECTION EXHIBIT "FC -G" AIRPORT OVERLAY ZONE Words underlined are additions; words smuek through are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 2 of 71 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of MARCO SHORES PLANNED UNIT DEVELOPMENT. 1.2 LEGAL DESCRIPTION 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 legal description for the Fiddler's Creek area of the PUD is found in Exhibit "FC- C 1" to this document. 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 (243± acres) has been developed as a resort golf course and is owned by Massachusetts Mutual Life Insurance Company. Another tract (43.01± 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 951 Lafld Holdings,Ltd , " Flefi " "w''ted ra` fieFs4i` ;FCC Marsh, LLC, a Florida limited liability company, hereinafter referred to as Developer, which owns undeveloped portions of Fiddler's Creek DRI; GBFC Development, Ltd., , " Fier -i'" "ffike' paft efsh FCC Aviamar, LLC a Florida limited liability company, which owns developed portions of Fiddler's Creek, and DY Land Associates,Lta , a Fierida "unite'' "aAner&ip,FCC Preserve, LLC, a Florida limited liability company, which owns the eastern undeveloped Fiddler's Creek Addition; G -.B-. Peninsula, 6d., a Fier—idFier-ida limited per-s'-`YFCC Veneta LLC a Florida limited liability company, all successors by conversion; FCC Commercial, LLC, a Florida limited liability company, FCC Creek LLC a Delaware limited liability company FCC Golf Club LLC, a Florida limited liability company, and FC Oyster Harbor LLC , -a Delaware limited liability company GB Hidden Cove LLC a Florida Limited liability company. Charles D Mar— ham, as Trustee f t1 C 1 D A T 1 h T t dated d Septe.� ber 15, 1982; T.,mes E. Williams and � a ,c QuccuycrJs�aiy� ✓Zicc[�.T7--1'TTiTIiiTi1T'. , Dianne R. Williams, h �sL.and and ,:�o. Unit 30 will be known as and referred to as Fiddler's Creek. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA Words underlined are additions; words eek thmga are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 3 of 71 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 is2133.22 4439.31 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. Highway 41. The Isle of Capri business tract is located on the northwest comer 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. Horr's 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 Horr's 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. 1.5 PHYSICAL DESCRIPTION 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 flinging wetlands. The development boundary of this site has been established by state and federal agencies. Words underlined are additions; words st#uek lhmeugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 4 of 71 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. Horr'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 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. 1.6 PROPER NAME The Unit 30 portion of the Marco Shores PUD is now known as and shall be referred to hereinafter as Fiddlers Creek. 1.7 COMMUNITY DEVELOPMENT DISTRICT 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 Fiddler's Creek Addition., and the 168 acres added to the Fiddler's Creek PUD by this amort. 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. The Fiddler's Creek Addition and the 168 acres added to Fiddler's Creel: by Ordinance No. 2000- 84 this ,,mona,,.,are amenable to infrastructure provision by a district that has the powers set forth in Chapter 190, F.S. (1999). The 690 acre addition to Fiddler's Creek in Section 13, Township 51 South, Range 26 East (herein "Section 13") approved in Collier County Development Order 96-4 (Res. No. 96-530), and the 1385 acres in Sections 18, 19, and 29, Township 51 South, Range 27 East approved in Collier County Development Order 98-1, (Res, No. 98-49) are herein collectively referred to as the Fiddler's Creek Addition. Words underlincd are additions; words stpeek through are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 5 of 71 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 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. 2.2 GENERAL 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". 2.3 PROJECT PLAN AND LAND USE TRACTS 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 will 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, as amended., for Fiddler's Creek Exhibit 11FC-A1" (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 Summary below. Wards underlined are additions; words &hwek4hreugkr are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 6 of 71 LAND USE SUMMARY MARCO SHORES PLANNED UNIT DEVELOPMENT LAND USE 1411T 30 UNIT 24 ISLE OF HORR'S BARFIELD J S CREEK GOODLAND Total CAPRI ISLAND BAY MF MF MARINA Residential 142.30 105.89 28.80 12.10 289.09 Multi -family Single -Family 0.00 i c Residential ' 7� 142.30 105.89 28.80 12.10 289.09 33.62 12.60 7.44 1.70 55.36Business 21.74 Parks „� 13.20 32.30 4.10 7.76 49.6 9.6 Recreation and 1622.82 Open Space** 43934 10.00 4.70 15.02 29.72 Schools 4-2 12.00 2412.00 Utility 43.41 10.00 53.41 10.00 9,04 Comm. Facilities 643 2.00 2.00 Churches 5.00 5.00 Lakes 687 30.80 7i8,5 30.80 Roads 09.8 23.60 10.60 .30 .81 226.11 35.31 Other 48 16.07 5.54 .44 32.3318 22.05 TOTAL PUD 393 i.99 277.57 7,44 142.89 49.04 14.54 15.83 4439'3 507.31 ACRES**** Residential Units 6088 2544 300 314 72 93230 Development2$8 4-53 9.17 2.10 6.40 4.95 0.00 6.37 Tract Density *Not differentiated **Includes 756.4 acres of preserve ****Original PUD did not include 42t acres of preserve in acreage .na+t+ fter-e. Words underlined are additions; words str k4hre#g# are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 7 of 71 LAND USE SUMMARY FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT (UNff 30) LAND USE DESCRIPTION ACREAGE R Residential 1,280 R -GC -LAKE Residential/Golf/ Lake 140 B Business/Commercial 55 P Parks 128 GC Golf Course 393 RA Recreational Amenities 43 CF Community Facility 6 Road Right -Of -Way 199 Preserve 767 Lakes 641 Miscellaneous (Open Space/Buffers, Drainage Easement 237 U Utility (Existing) 43 TOTAL PUD ACRES 3932 Residential Units 6000 ***** ****Original PUD did not include 42f acres of preserve in acreage *****subiect to Section 3.2. Words underlined are additions; words &&wekdhpewgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 8 of 71 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 4439.30 acres. The gross project density, therefore, is 2.08 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. Development Area Acres Dwelling Unit Grass Density Fiddler's Creek Unit 30 3,9324-.W 6,000 1.53 Unit 24 277.57 2,544 9.17 Isle of Capri 7.44 0 N/A 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 N/A 4,439.31 9,230 2.08 2.5 PROJECT PLAN APPROVAL REQUIREMENTS 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 Subdivision Master Plan. Subsequent to its approval, the Final Site Plans and Final Subdivision Plat shall be submitted for approval. Exhibit "FC -A1" Fiddler's Creek Master Plan constitutes the PUD Development Plan for the property described in Exhibit "FC - C1" hereof. 2.6 SITE PLAN APPROVAL When site plan approval is required by this document, the following procedure shall be Words underlined are additions; words sHFuek4hF&ugk are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 9 of 71 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. 2.7 FRACTIONALIZATION OF TRACTS 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. 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. Words underlined are additions; words a9we44hYeugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 10 of 71 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 shalt 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: 1. 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: 1. 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 3. 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 4. That if the violation is not cured within such time period, the Board of County Commissioners shall hold a public hearing to consider the matter; and 5. That the hearing must be held no less than fifteen (15) days nor more than thirty Words underlined are additions; words struek Amough are deletions Marco ShoresTiddler's Creek PUD Last Revised May 7, 2018 Page I1 of 71 (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. 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 in the Settlement Agreement, except for the Fiddler's Creek Addition, which shall be pursuant to the Land Development Code requirements. 2.9 USE OF RIGHTS-OF-WAY 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. 2.10 ROADWAYS 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 process. The Words underlined are additions; words smuek4h#,&� are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page /2 of 7/ 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. 2.11 LANDSCAPE BUFFERS BERMS, FENCES AND WALLS Landscape buffer, 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 2.11A 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 walls 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. Fence, 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 Words underlined are additions; words strtek Areugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 13 of 71 the district in which they are located. In the case of access control 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 2.1213 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. 2.13 DEED RESTRICTIONS 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 underlined are additions; words struek fhrobigh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 14 of 71 SECTION III RESIDENTIAL LAND USE DISTRICT FIDDLER'S CREEK 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Fiddler's Creek designated on Exhibit "FC -A1" as Residential - "R". Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel. 3.2 MAXIMUM DWELLING UNITS A maximum number of 6000 residen 3000 multi -family dwelling units and 3000 single family dwelling units may be constructed on lands designated "R" (The number of single family dwelling units may be increased by converting (2) two multi -family dwelling units for each single family dwelling unit above 3000 singleily dwelling units). 3.3 GENERAL DESCRIPTION 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 indicated on the Master Plan is 41P1280 acres. 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. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Words underlined are additions; words struelcreugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 15 of 71 (1) Single Family Detached Dwellings. (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 (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 the Multi -family Development Standards set forth in Table 1. (8) Model Homes and Sales Centers, as provided in Section 3.6. (9) Group Care Facilities (Categories I and I1), and Family Care Facilities only on , 22, 60, 61, 62, 64, 65, 66, 67, 68, 69 and 7-0, locations shown on Exhibit "FC -A1". (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. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. Words underlined are additions; words &&wek4hiw egh are deletions Marco Shores/Fiddler's Creek PUD Gast Revised May 7, 2018 Page 16 of 71 B. Site development standards for categories 1 - 4 uses apply to individual residential lot boundaries. Category 5 standards apply 10 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 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. Words underlined are additions; words struek ihreugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 17 of 71 3.6 MODEL HOMES/SALES CENTERS 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 Article 3, Division 3.2, Section 3.2.6.3.6 of the Collier County Land Development Code. 3.7 ADULT CONGREGATE LIVING FACILITIES ACLF) 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 underlined are additions; words sowek4hra+egk are deletions Marco Shores,�Fiddler's Creek PUD Last Revised May 7, 2018 Page 18 of 71 TABLE I FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS SINGLE FAMILY DETACHED PATIO & ZERO LOT LINE TWO FAMILY & DUPLEX SINGLE FAMILY ATTACHED & Townhouse MULTI - FAMILY DWELLINGS 1 2 3 4 5 Category 6500 SF 50 25 5000 SF 40 20 *3 3500 SF *4 35 20 *3 3000 SF 30 20 *3 IAC 150 25 Minimum Lot Area Minimum Lot Width *5 Front Yard 15 10 10 10 15 Front Yard for Side Entry Gara e 7.5 *6 0 or 7.5 0 or .5 BH .5 BH Side Yard 20 10 20 20 BH Rear Yard Principal 10 5 10 10 15 Rear Yard Accessory 10 5 10 10 .5 BH Rear Yard Special * 1 35 35 35 35 100 *7 *8 Maximum Building Height *2 Distance Between Principal Structures 15 10 0 or 15 .5 SBH 5 SBH 1500 SF 1250 SF 1400 SF 1200 SF 1000 SF Floor Area Min. (S.F.) BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. *1 With approval from Fiddler's Creek Design Review Committee, rear yards for principal structures on lots which abut golf course, lake, open space, or preserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Project Plan Review. With approval from Fiddler's Creek Design Review Committee, front yards shall be measured as follows: If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). Words underlined are additions; words &mxek4hroug# are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 19 of 71 *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 Minimum 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 (10') 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 (50') 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 underlined are additions; words & weigh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Paye 20 of 71 4.1 4.2 4.3 SECTION IV MULTI -FAMILY RESIDENTIAL DEVELOPMENT MAP DESIGNATION "MF" UNIT 24, BARFIELD BAY MF, JOHN STEVENS CREEK AND HORR'S ISLAND DEVELOPMENT AREAS PURPOSE 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. MAXIMUM DWELLING UNITS A maximum number of multi -family dwelling units may be constructed. DEVELOPMENT AREA Unit 24 Barfield Bay MF John Stevens Creek Horr's Island Isle of Capri Goodland Marina Total Multi -Family Units USES AND STRUCTURES TOTAL MF DWELLING UNITS 2,544 314 72 300 0 0 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. (3) Townhouses. B. Permitted Accessory Uses and Structures: (1) Customary accessory uses and structures. Words underlined are additions; words stiwek-Ih+wegk are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 21 of 71 4.4 (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 not specifically permitted herein is prohibited. 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) feet 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, Horr's 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 - 19 DU/AC. 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 ('/2) the sum of their heights. G. Minimum Floor Area: 750 square feet. Words underlined are additions; words &~k4hre*9 4 are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 22 of 71 H. In the case 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. 4.6 MINIMUM OFF-STREET PARKING 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. 4.7 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. Words underlined are additions; words eek -t wwwgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 23 of 71 SECTION V PRESERVE 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 RPreserve. 5.2 GENERAL DESCRIPTION Areas designated as RPreserve 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 RPreserve 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. 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 Habitat Enhancement and Management Plan adopted as mitigation for the United States Corps of Engineers Dredge and Fill Permit No. 78B-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 RPreserve District. Words underlined are additions; words strxek Areugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 24 of 71 B. Access to Parcel 110 may be constructed through the RPreserve District in Section 19, so as to provide internal access to the facilities thereon. Developer shall utilize upland areas to maximum extent practicable in providing said access through the RPreserve District. (1) The accessway shall be coordinated with County Development Services Staff, subject to permitting requirements of state and federal agencies. (2) The accessway shall be for purposes of providing vehicular and pedestrian access to the lake and other recreational facilities to be located in Section 29 of Fiddler's Creek. (3) The accessway shall not be considered a road or right-of-way, but shall be treated as a private accessway for the residents of Fiddler's Creek. Therefore, the accessway may be limited in width and materials utilized to minimize environmental impacts. (4) If deemed necessary by the Department Services Director, any Site Development Plan for the accessway may be reviewed by the Environmental Advisory Board ("EAB"). 5.4 DEVELOPMENT STANDARDS A. Within Fiddler's Creek, with the exception of Fiddler's Creek Addition, all structures shall setback a minimum of five feet (5') from RPreserve 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 Fiddler's Creek Addition, extending at least fifteen feet (15') 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. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures -Ten feet (101). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. 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 underlined are additions; words stouek thoough are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 25 of'71 5.5 RPRESERVE DISTRICT CONSERVATION EASEMENT 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. Words underlined are additions; words struek AeUg# are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 26 of 71 SECTION VI BUSINESS (MAP DESIGNATION "BUSINESS) UNIT 30, UNIT 24, AND JOHNS STEVENS CREEK DEVELOPMENT AREAS 6.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" and "FC -A1" as Business. Commercial development in Unit 30 is limited to 325,000 square feet of gross floor area. 6.2 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) 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) Dwelling units, multi -family (permitted in Unit 30 only) (756) Electrical supply stores; equipment rentals including lawn mowers and power saws. 04LI Fish market - retail only; florist shops; fraternal and social clubs; funeral homes; furniture stores; and furrier shops. (47)L��Garden supply stores, outside display in side and rear yards; gift shops; glass and mirror sales -including storage and installation; and gourmet shops. ft) Hardware stores; hat cleaning and blocking; health food stores; homes for the Words underlined are additions; words s#uek Argugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 27 of 71 aged; hospitals and hospices. M La_lce cream stores. 40)�Jewelry stores. (-N-)L U2Laundries - self -service only; leather goods; legitimate theaters; liquor stores; and locksmiths. 02)L 131Markets - food; markets - meat, medical offices and clinics; millinery shops; motion picture theaters; museums; and music stores. 14 Office - general; and office supply stores. "LD_5 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. 1( 6) Radio and television sales and services; research and design labs; rest homes; restaurants -including drive-in or fast food restaurants. (4-5)(17)Self-storage (indoor. air conditioned), permitted in Unit. 30 only. (16)JL8JShoe repair, shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanitoriums. 19 Tailor shops; tile sales - ceramic tiles; tobacco shops; toy shops; and tropical fish stores. (48)90IUpholstery shops. k" 21 Variety stores; veterinarian offices and clinics -no outside kennels. (20)L22lWatch and precision instrument repair shops. (24)L23ICar wash. (22)L24JAny 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. (2-3)MGroup 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. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily Words underlined are additions; words smuel gh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 28 of 71 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. D. Special Conditions: 1. No adult oriented sales are permitted. 2. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound between the hours of 1.0 p.m. and 8 a.m. 3. Delivery bays shall not abut residential development. 44. Service bays related to automobile service and repair shall be located so that they do not face any residential district within 1500 feet. 5. Dumpsters shall be oriented as far away from residential units as possible. 6.3 DEVELOPMENT STANDARDS 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: Fifty (50) feet within Fiddler's Creek, and forty (40) feet elsewhere. 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. 6.4 SIGNS As permitted or required by the Land Development Code in effect at the time the permit is Words underlined are additions; words skwek gwwugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 29 of 71 required. 6.5 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS 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. 6.7 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 6.8 FIDDLER'S CREEK BUSINESS INTENSITY A maximum of 3-3-.655 acres and a maximum of 325,000 square feet of gross floor area shall be used for the purposes set forth in Section VI in the Fiddler's Creek development. 6.9 FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR ACLF Fiddler's Creek Development Standards for Adult Congregate Living Facilities (ACLF) Development Standards for use 2325 as set forth in Section 6.2A hereof shall be as set forth in Section 3 with regard to multi -family dwelling development and not as set forth in Section 6.3 hereof. The limitations of Section 3.7 shall also apply. For every acre of Business designated property dedicated to ACLF or other group care use; the allowed square footage will be reduced by 10,000 square feet. Words underlined are additions; words st+uek through are deletions Marco Shores/Fiddler's Creek PUD Last Revised Mav 7, 2018 Page 30 of 71 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 or 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. 6A.2 DEVELOPMENT STANDARDS 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. F. Distance between structures on the same development tract -Twenty (20) feet. Words underlined are additions; words struek thpwmgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 31 of 71 6A.3 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is required. 6A.4 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 6A.5 MERCHANDISE STORAGE Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. 6A.6 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 6A.7 UTILITY SITE BUFFERING The utility site in the northwest comer 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 underlined are additions; words sEruek A?w ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 32 of 71 SECTION VI B ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA STIPULATIONS AND COMMITMENTS 6B.1 PURPOSE 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. 6B.2 ENVIRONMENTAL CONSIDERATIONS A. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation 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 mix 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 shall 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 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 Words underlined are additions; words struel thmetegkt are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 33 of 71 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 tillandsia,&W epiphytes and epiphytic members of the family Orchidaceaeiai, 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. 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 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. 6B.3 WATER MANAGEMENT CONSIDERATIONS 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. Words underlined are additions; words struek- three are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 34 of 71 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. 6BA TRAFFIC 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. 6B.5 UTILITIES A. All utilities stipulations contained in County Ordinance No. 84-42 for Petition R-84- 7C shall not be amended or modified by the Ordinance approving PDA -87-1 C. B. In the Purpose of Requested PUD Modification, Impact of the Development, Utilities Explanation, 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: (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. 6B.6 ENGINEERING A. The Master Site Plan shows parking and retention areas within the Lee County Electric Words underlined are additions; words struek Mpo egh are deletions Marco Shores/Fiddler's Geek PUD Last Revised May 7, 2018 Page 35 of 71 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. 6B.7 LETTER OF COMMITMENT 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. Words underlined are additions; words simek-th'VeNg# are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 36 of 71 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 Exhibits "A" and "FC -A1" as Golf Course and Club Center. 7.2 PERMITTED USES AND STRUCTURES 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 facilities intended for outdoor recreation. (10) Signs as permitted by the Land Development Code in effect at the time a permit is requested. Words underlined are additions; words ssruek-threqgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 37 of 71 (11) Golf cart barns, restrooms, shelters, snack bars, and golf maintenance yards. (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. 7.3 DEVELOPMENT STANDARDS 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 - Sixty feet (60'). 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 (20'). G. Minimum distance between all other accessory structures -Ten feet (10'). H. Minimum floor area - None required. Minimum lot or parcel area- None required. J. 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. Words underlined are additions; words struek-thpough are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 38 of 71 SECTION VIII PARKS (MAP DESIGNATION "PARK") UNIT 30, UNIT 24, BARFIELD BAY MF, HORR'S ISLAND, AND SECTION 29 OF THE FIDDLER'S CREEK ADDITION DEVELOPMENT AREAS 8.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibits "A" and "FC -Al" 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. C. Yard Requirements for Structures: (1) Front Yard: Fifty feet (50') (2) Side Yard Thirty feet (30') Words underlined are additions; words smmek-thowmgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 39 of 71 (3) Rear Yard Fifty feet (50') 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 8.3B 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. F. Emergency Vehicles will have an access connection. as shown on the PUD Master Plan. through the Park Development Area (P) to Fiddler's Creek Parkway. 8.4 PURPOSE The purpose of this Section is to establish development regulations applicable to Section 29 of the Fiddler's Creek Addition, particularly Tract 110, the adjoining lake and the adjoining preserve area. 8.5 USES PERMITTED The uses on Section 29 are limited to the following: A. Uses set forth in RPreserve Areas as set forth in Section 5-�.) 5.3 A. of this PUD; B. Passive recreation, nature trails, picnic facilities, gazebo and other similar uses; C. Biking, hiking and nature trails; D. Launching and storage facilities for watercraft E. Active recreational activities. including golf course uses; F. Agricultural, including nursery; G. Any other conservation, recreation, or related open space activity or use which is comparable in nature with the foregoing uses which in turn would be compatible. Words underlined are additions; words stpueh threUgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 40 of 71 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 Exhibits "A" and "FC -AI" as "Utility" "Electric". 9.2 ESSENTIAL SERVICES 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 underlined are additions; words stpuek Ameugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 41 of 71 SECTION X 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 erected, 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. B. Minimum Lot Width: Not applicable. C. Yard Requirements for Structures: (1) Setback from east property line: Forty (40) feet. Words underlined are additions; words stpuek sho"Hgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 42 of 71 (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 MINIMUM OFF-STREET PARKING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. 10.7 MINIMUM LANDSCAPE REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested. Words underlined are additions; words struek Apough are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 43 of 71 SECTION XI DEVELOPMENT STANDARDS 11.1 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 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. 11.3 MASTER PLAN A. Exhibits "A", and 11FC-A1" Master Plans, illustrate the proposed development. B. The design criteria and design illustrated on Exhibits "A", and "FC -A1" 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 Hon's 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. 11.4 PROJECT DEVELOPMENT AND RECREATION FACILITIES The proposed development is illustrated in Exhibits "A" and "FC -AI". (for Fiddler's Creek). The proposed construction shall comply with all standards set forth and the resulting complete 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 1" (for Fiddler's Creek) development plan Words underlined are additions; wards meek Fkrwaegk are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 44 of 71 shal-lmay be provided and completed in timing with the adjacent residential units. The Marriott 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 remaining golf courses in Fiddler's Creek shal}may be constructed when feasible on the Estancia property or Section 29 to serve the golf club members and residents tc SOn'O the surfeunding esidenti l �u The remaining golf courses and community center (including tennis facilities) shall be privately owned facilities and may be 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 Fiddlers 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. 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. 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. The Fiddler's Creek Addition was not covered by the Settlement Agreement or the Fill Agreement. The Fiddler's Creek Addition shall be governed by the provisions of the Land Development Code, except as modified herein, without reference to the Settlement Agreement or Fill Agreement. Words underlined are additions; words str uek through are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 45 of 71 11.6 STREET CONSTRUCTION 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. 11.7 EASEMENTS FOR UNDERGROUND UTILITIES 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. 11.8 WASTEWATER COLLECTION, TRANSPORT AND DISPOSAL, See 12.4 of Section XII. 11.9 WATER SYSTEM See 12.4 of Section XII. 11.10 SOLID WASTE DISPOSAL 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. 11.11 OTHER UTILITIES 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. 11.12 TRAFFIC SIGNAL See 12.6 of Section XII. 11.13 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 Collier County Building Construction Administrative Code. Word; underlined are additions; words so-uek Arough are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 46 of 71 11.14 ARCHITECTURAL REVIEW 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. 11.16 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the appropriate Collier County Ordinances. 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. 2 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). 3 Within six (6) months of approval of the rezone of Section 13, Developer shall Words underlined are additions; words stretek Amough are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 47 of 71 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 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. B. FIDDLER'S CREEK SECTIONS 18 AND 19 The following standards and stipulations shall apply to Sections 18 and 19 of the Fiddler's Creek portion of the PUD: Any perimeter berm for Sections 18 and 19 shall meet Land Development Code requirements as to setbacks from property line. 2. The developer shall provide for a water management easement along the east sides of Sections 18 and 19 to pass through existing flows from culverts SIS-00-SO220 and SIS-00-SOIIO to assist the County in managing drainage on the U.S. 41 corridor and to attempt to re-establish historical flow patterns. The following shall apply to such an easement: a. The temporary easement shall not exceed eighty-five feet (85') in width. b. County shall be responsible for all permitting regarding said easement and constructing any needed outfall structures if the County desires to build the facilities prior to the development of Sections 18 and 19. C. The above is subject to permitting by South Florida Water Management District ("SFWMD"). 3. Within 6 months of the acquisition of Sections 18 and 19, Developer shall grant to Collier County an eighty-five foot (85') "temporary" easement to accommodate the construction of a drainage easement along the east side of Sections 18 and 19. 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 profile of the drainage swale during said platting process, provided minimum flows are maintained. 4. The purpose of the Easement set forth above is to provide for acceptance of the flows from north of U.S. 41 which historically would have sheet -flowed across Sections 18 and 19. Words underlined are additions; words e�iruek Are ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 48 of 71 5. Any temporary outfall constructed by the County may be removed by Developer if the flows accommodated by water said outfall are routed into the Fiddler's Creek spreader swale system. C. FIDDLER'S CREEK ADDITION OF 168 ACRES The following standards and stipulations shall apply to the 168 -acre addition to the Fiddler's Creek portion of the PUD: Provisions for the 168 -acre addition to accept or pass through existing flows from the existing canals which convey flow from the North and West, shall be addressed by one or more of the following methods: a. Continued use of the existing easements provided to Collier County for pass through of existing flows until such time that alternative easements could be provided. b. Rerouting of the existing flows through the internal lake system to be developed within Fiddler's Creek. The existing easements (a. above) shall then be replaced with a permanent easement not exceeding 85' in width encompassing the rerouted flows. C. The above methods are subject to permitting by South Florida Water Management District ("SFWMD"). Developer shall grant permanent easements as part of the platting process and shall have the ability to change the boundaries of the easements and profiles of the drainage swales during said platting process, provided minimum flows are maintained. The Developer shall be responsible for all permitting and construction costs for any new easements and drainage swales. 11.18 POLLING PLACES 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 a building or buildings designated by the Developer and approved by the Collier County Supervisor of Elections of the purpose of permitting residents to vote during all elections. The number and location of needed rooms within such building or buildings will be determined by Collier County Supervisor of Elections. 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 arc provided in the stipulations relating to Hon's Island, Barfield Bay and John Stevens Creek development areas. Special procedures are anticipated to provide for the maximum possible preservation of native Words underlined are additions; words sfruel gh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 49 of 71 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 756.4 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC -A1", and as regulated by Section V hereof. Other than incorporation into the approved drainage design or as allowed by permits or by this PUD, 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. 11.20 MAINTENANCE FACILITIES 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 Statutes, the property in Unit 30 owned by Developer may 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 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 all powers necessary to achieve their purposes, including the power to levy and collect taxes and Words underlined are additions; words struek fhowug# are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 50 of 71 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 Horr's 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 Horr's Island, including maintenance of all required navigational lighting; and (7) Such other community areas and facilities which are desired by the residents 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 associations (Barfield Bay Multi -family and John Stevens Creek) or individual commercial owners and operators (Isle of Capri and Goodland Marina). 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: Words underlined are additions; words &9wek44m9wgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 51 of 71 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 & .10 — The minimum of these sections are waived and the tangents shall be depicted on the Master Plan, except for the Fiddler's Creek Addition. As to the Fiddler's Creek Addition, the minimum of these sections may be waived administratively at the 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 withinthe 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 the Fiddler's Creek Addition, 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 the Fiddler's Creek Addition, where the pavement surface course thickness shall be pursuant to Appendix "B" of the Land Development Code. K. Collier County Land Development Code provisions requiring platting, site development, plan approval and/or issuance of building permits as preconditions for land clearing, excavation and filling of land within the Fiddler's Creek portion of the PUD, as amended, shall not apply to those lands which have been previously utilized and cultivated as farm fields. Excavations will conform to the excavation requirements contained in Division 3.5 of the LDC, except as may be provided herein. 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, Words underlined are additions; words stouek MpeWh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 52 of 71 with the following exceptions: A. Permanent Community Signage 1. 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) Protect identification signs shall not exceed sixty (60) square feet 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 often 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 Section 11.22.A.1) are met. 3. 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 eight feet (8') in height and thirty-two (32) square feet in area, provided the requirements of Section 1 1.22A.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 1 1.22A.1) not in conflict herewith. B. Temporary or Promotional Signage; These signs are to direct prospective purchasers and identify the various projects being developed. 1. 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. Words underlined are additions; words struel through are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 53 of 71 (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. 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: (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 11.22B.1) not in conflict herewith. Words underlined are additions; words seek A,,wugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 54 of 71 SECTION XII STIPULATIONS AND COMMITMENTS 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 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 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 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 Words underlined are additions; words stpwek Mow ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 55 of 71 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 the Fiddler's Creek Addition, which shall 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 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 693 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC -Al", 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 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 Words underlined are additions; words immek-thret are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 56 of 71 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 the Fiddler's Creek 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, except for the Fiddler's Creek Addition, 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 Words underlined are additions; words sdruek Areu are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 57 of 71 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. (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: Horr's Island and Barfield Bay Multi -Family Area C (fl The majority of Horr's Island (excluding the mangrove areas within the Words underlined are additions; words s�ruek Am ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 58 of 71 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 Horr's 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 shall 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 Horr's 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. (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 requiring such surveys as a part of the EIS review on Category Two Lands other than Horr'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, Words underlined are additions; words sttteek sh?eugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 59 of 71 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 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 Herr'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 Horr's Island. (c) Although not required, a similar survey is strongly recommended for other development sites within Category Two Lands which are classified as R.U.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. Words underlined are additions; words struek the ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 60 of 71 (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. (f) 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 of 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. Water Resources (a) The final water management plans for Category Two Lands shall be designated 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 Horr's 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 nnoff 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 Words underlined are additions; words sipuek Mrehog t are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 61 of 71 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 are 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. (j) The Environmental Section recommends a sodded area of no more than five percent (5%) 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 Tigertail 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. Words underlined are additions; words struek threh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 62 of 71 (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. (fl All construction, clearing, and filling locations in or adjacent to 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. Words underlined are additions; words sipmek thowugh are deletions Ma-eo ,Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 63 of 71 (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, 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) Flagging 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 Horr's Island or other Category 1I 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 Agreement, will, 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. Anny Corps Engineers permit: Exhibit D - 12A Wherever vegetation is discovered on any Category I or II Lands, which is deemed by Collier County to be rare, unique or endangered, Developer Words underlined are additions; words simekthrough are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 64 of 71 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 D-47. Note: The above applies to the following development areas: 1. Barfield Bay multi -family 2. John Steven's Creek; and 3. Horr's Island Exhibit E — 1 A 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 Horr's 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 Horr's Island shall design the Barfield Bay multi -family, John Steven's Creek and Horr'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. 12.3 STIPULATIONS AND COMMITMENTS - SUBDIVISION REVIEW COMMITTEE A. The approved stipulations of the EAB pursuant to the memorandum from County Words underlined are additions; words struek t#reugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 65 of 71 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. 12.4 STIPULATIONS AND COMMITMENTS — UTILITIES 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 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, 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 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 Words underlined are additions; words str-uek Mowmgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 66 of 71 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 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 Words underlined are additions; words strmek fkrem#i are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 67 of 71 the sewer system occurring during that period commencing after 100 customers have been connected to the system through the date of closing. (e) Either Collier County Water -Sewer District or 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. (6) The developer will provide one Collier County Well Field Easement in the general vicinity of the southeast quadrant of Sandpiper Drive and U.S. 41. The well site shall contain 4,000 square feet with the dimensions being 50'x 80' and access via Sandpiper Dr. A County Utility Easement shall be dedicated for the well site and as needed for maintenance access and raw water transmission facilities. A temporary construction easement shall also be provided as needed to construct the well site improvements in the final, approved location. The location of the well site shall satisfy setback distances required per Chapter 62-532 of the Florida Words underlined are additions; words st Frremgh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 68 of 71 Administrative Code. The easement is to be dedicated subject to compensation at fair market value of the land or equivalent impact fee credit pursuant to Section 74-205 of the Collier County Code of Ordinances at the time of plat recording or Site Development Plan permitting, unless waived at that time by the Public Utilities Department. 12.5 STIPULATIONS AND COMMITMENTS — TRAFFIC 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 tum 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. The Developer shall provide traffic signals at internal intersections when deemed warranted by the County Engineer. 12.6 PLANNING DEPARTMENT The Planning Department reviewed this petition and has the following recommendations: A. That the staff report recognizes that SR -951, after four-laning, will be approaching its 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 4- taning of 500 feet of SR -951. This donation, to be used by the County solely for the 4 - Words underlined are additions; words stiwek thre ugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 69 of 71 Janing of 951, shall be determined according to FDOT's 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 Horr's 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 Horr's Island, Developer of Hort's 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 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. Words underlined are additions; words str-rek Mo -o egh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 70 of 71 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 -C1" hereof shall occur prior to the removal of exotics from the Preserve parcel located between residential i -parcels 1 and 49 east of Collier Boulevard on the north side of Fiddler's Creek Parkway as depicted on Exhibit "FC -A1" 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 the Fiddler's Creek Addition. 12.8 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS - WATER MANAGEMENT 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 Fiddlers Creek spreader facility. 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 "temporary" easement to accommodate the construction of U.S. 41 outfall Swale No. 1 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. Words underlined are additions; words Meek threugh are deletions Marco Shores/Fiddler's Creek PUD Last Revised May 7, 2018 Page 71 of 71 • I t t elf ti. 1� ..... {I( In .• .. .. • .... I YIII II I{I.11{ .1 { IiI IA 1l • 1 .. '11..1• .. 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C411106 Cevalyd ►1.9944. 601al sofa rdfueY14flr d4otf18•d 44 fellow,@@ r u6446f• 641 she MftM4•t t4tMf •t•414 [stelae 3L %fosse Lew . 111.36.11.1 at*" l#4 Neta 1I4• $Defeat 9af 4 distaste 99 1333..34 toot M M 6a%•t•fttl41a with gat 94at4fly 31111 09 fat a 8,144 at Sas%• Lad k md, 8461 {atate•41144 8.6q Y• ratrt fit SIC1116104 •d W etas& of 1s" 11•foL444%,c dtotflhSgo 404,040 191.30'31.40 $to" 4414 go•toottt gJ1a% •4 Par uses of 8%814 so•6 1•. 131 8 4lsLades 3737.31 �•'•: of Iself ueae• lee•fr1 Said t44tet17 391%1 �. , •f 40•t ILS•• too Sll'f4.11•t a 16.1•.4• of 1331.34 toot? a1•s4a 141.31'33.1 • 4144mat• at 131.11 tall# w044 94r34•74.9 A 61414444 of 89.13 94840 "6444 444.17.31.6 0 11.1,044 •g 161.48 90.41 111.44. 933.31.39.3 8 dlelaat• of 141.13 foott ts•st• j 817.16.11.4 a d1444444 a9 111.41 C•4a# 1af64. 813.31.111t 4 dls%a64• of 14.81 (sell 4h6a6• 131.14.63.2 a dlatsa•• of 131.10 1 Cast? 41.4414 116.46.44.1 • 46844440 41f 144.06 god%@ 911•4*41 % 211.43'14.9 • dl0%s44o •f 117.41 t0•t# ta•w• 1139 1'11.1 a 411894444 of 116.41 80411 1,.440 314031.74'2 • 11.441. •f 1.4.11 84.41 tho4to 3140'14.1NS a 4104844• •9 17.73 tells thea•. 164.61.11.9 • 414144N •1 141.41 fall$ %1.44• 161.46.11.1 s 410486" of 131.•1 8••%# tha4t• ■73'14.31'3; a I9sW.to •8 111.33 r coot? %$•see 117'33.43.1 a dle%44t1 of 373.66 coots tho4e4 113.76.74'3 4 4114444441 09 116.31 904%1 ta4040 167'31'lt•L s d981464• 09 153.64 f0•%$ Wel#• 111'71.47'2 a d9gu44. 411 107.47 ideas Sho64• 103'21.31.5 a 41ta%444e•01 64.14 Close %1o4aa ' 111.31013.3 • 416.14..• 04 93.07 Coast 06444 147.31.11.9 a 4114ta444 of 91.17 foot# w44t 131•31017.9 a 1laSa"e •t 11.10 9404/ 464*40 Sl r43.43'1 a dt84Sate •9 41.31 94.48 Shasta ' 234.11.46.9 a 4941464• a9 212.13 false %h•4.• P33,34,11 'g 4 distaste of 13.73 Lott# 184440 1114.34'13.9 8 ILetasta 41 64.13 fest$ %%dao• 163.17.3402 a dgete4-9a of 40.31 toot$ Sh4atf 21t•74•11•s 8 41•%04419 409 139.31 6••41 41144• 646•11.44•r S 4164%4.10 99 130.34 c..%# t&wWe /6r11'a•7r • 11als44e 419 141.13 dealt %hoot• 316.34.1402 0 411.{844• of 146.61 false a114atf 111.33.33.9 a dtfae4f• •1 133.91 cast$ thew• .41.11.36.9 • 011.440416 44 317.44 toot# 444• 5131)1.13.5 a dlsasetf •9 106.33 18111 tased• 871.30.7692 a 11848649 of 11.17 toots those• 4143.43014.3 a 13ft.at• •f 133.11 C•ot$ thfws 801.61.34.9 a 4194%4444 Of 11.77 1444# 444• 1113.07.13•[ a deeusto of lt$.*1 104%1 94444. 031.33.64.9 4 418460-90 of 141.13 toots tf44so i •17•ll•30.3 • d94l4aao 41f 163.3. foot# lessee 4031.61.31.9 • ••tetssd4 Of 111.87 10410 %60690 ■.891'{1.2 a •Latest• 89 141.17 Adolf 411.440 rll•144Sr5 a dlstaaes •9 361.61 fes%$ those• 131.43.11.3 8 419%mot• *1 31#.01 tease 46•at• 144'69.31.1 a ' 4118144641 09 161.44 C••t1 1"fag• 039•34.34.9 a dle4646• of 111.31 Cool$ ahead* 317'74.14'1 h 46416644• at 117.34 R••t$ 464at• t 141.31.16.9 8 dgat•4d4 4f 113.16 close thew• 40l1.33'I1•9 6 �. dlatsat• of 64.41 toot# "*ado 233~1013.19 • Ilsta64• •9 19.31 14419 '1h•44• miles? 031at 6 466%4044 of 113.71 (eats ta•a•a 933.33.13.9 a 41898660 of 333.31 41$•1# twa4• 4034.31.48.9 a 411.98440 of 11.43 44010 $head• 40417.34.31.2 a 468484es of $6.39 1.•91 abo460 4014•97.34.5 • 4148%•44• •C 11.71 coast 414469 286.11'11.9 8 4989804. 1f 311.41 94.9$ those* 216.33.44.9 a ' dteteae• a9 11.4# IS•%# 4%date 234018.71.40 a dta%a4c• •t 31.61 14.1? %6.64• 07 S•llellw a 41016wo •8 149.17 coast %base• 141.6t•70•r • d1848440 •9 116.17 toots 91.444 614.11'04.40 a d9448440 of 86.61 90.41 111tH• S34'370t7.6# • 49444se• of 11.44 94401 96.446 131.03.37't 8 460%8444 of 33.34 goose {fest• 116•{4.31.9 a dlstewt6 41f 311.14 IS•%# 0o44• 187.46•16't 4 dt8466441 •( 131.66 goats ua44• 141'38.34.2 a disuse. of 393.36 i (fail 66444• 161.13.1109 a dtotaat• at 111.71 ta•a$ %14.14 IMI. • 111.34'01.9 a 41416440 of 331.81 l.•tl ahso •to's a 1 49498410 ad 173.10 teat$ usage SlS'33.88.2 • 41440440 •C 117.33 1 EXHIBI 'K• f.•1tt 46004• Jtl'1402401 • 11.4484• 1f 711.17 feo11 $6od4• 0t6.11073•J • 4111.4 1f 111.4t f••1/ 1674<• /11.31•►1.9 • •111.04• 61 11.13 1.70411 111.44• s11'41•il•w s 41.14447 6f 11.13 104,4/ 111••7. 971.14'4449 6 11.1444. 1f 769.31 fagot 166446 611'11air19 • 11.1••4• of 133.00 foot# 167.7• 941.33•st'9 • sl•t•"s 6f 113.S1 lass$ se4444 sorl$'3r6 6 dlatega of t{1.04 Iso$ 1640147 111.10.3602 6 1181•447 1f 73.41 10.01 96.4441• 8110if•11•t • 4141.440 61 130.01 loose {64647 140.31634'2 4 49.4.04• 4f 1H.41 focal u4044 471.11'3362 • 41ats"s of 111.41 16.91 960.44 013.11.34.6 4 41.4.444 4t 315.41 10.91 I4.w44' 011.71'10'0 6 d14to744 7g 131.40 cost# te7.47 /31.11.41'1g o 41.48044 6f 333.31 coat$ "7444 614.3001't • 1171.444 7c 04.11 loose 444040 031.34693.9 s 41x9.447 ad 11.03 foot# 16.440 .91.11.31'2 a 4109.74. 4f 341.43 loot# %444do 044.23'41'9 4 4toa•64• 7f 371.34 loot# 064047 03133.34.9 a 4104•wt4 at 411.$3 feast {11044• J310131031.f • 414%41440 of 113.41 80040 4160440 011.11'11'9 • 4489.447 4f $6.31 loot# 164.4• 0ss'93.33'r s , 410e•4t7 a8 171.40 coat$ lass!• 113.23'01•V • 43.16447 7f 331.44 toot$ 464044 J30'9304409 • 4got4naa 4f 111.00 lease 19oate 211.11'34•• • 4lss•447 4f 131.06 togs/ 164wd• 411.930s3'v s 4144.047 61 327.31 $des# 94704• 613.31011011 a 4tes0w47 of 444.14 boot 1!4.410 011.4001907• 4 41.44444 4g $4.41 looli %seas• 914.11411.4 • distends 4f 44.31 loss? "7444 046.33133•11F e 41.9.447 4f 33.46 14711 46744a 613.16.44.111 6 41.0••47 049 114.11 toot# 4%404• 406.33.33.9 6 41464747 4t 133.70 toot? 9644174 000.3{633• 0 4141.64. 4f 131.46 cost# 1!444. 0Ii131.33'2 • 1181464. 4� 13.43 10441 $6704. 103.33111•{ s 1l•ssed• of 73.10 if*fort \%gw4• 631.42'130• a 4161164• of 11.13,f••t0 t64aog 'T s 4{•9.447 •8 337.13 toa4l tl4wde 911.33'il•r • 41.1.400 6f 16.10 tolls# Mont• 934'71'44.9 is 41suse7 •t 31Lt3 144t{ 1%74910 976.33614.9 • 414\4640 4t 41.34 Lasa$ u4w44 611'03'30.0 6 Ala\1444 68 101.11 f.44 047.4. 934.11.31.7 • 41444440 49 143.31 8141t 4a4ad• 017.34012'{11 a d►4t•444 •1 114.34 toot 667.40 01.14601.9 6 41414.4• 4t 13.31 toot# la4wde 91401'41.9 t 414%44441 4f 131.13 last' 1117.4•0161114444111 41.4•seo 08 111.36 14711 "7047 J11'33'31.1e • d1s4•d44 7t 330.11 loaf 467447.,419.13'71.9 s-41444"0 0C 31.3% 4.460 49444• 031.43'33.0 6 41.14.47 4g 334.13 feast $none• 043.33011•+ • 49444.7. 4f 744.1/ too%$ 84440 63•+1.14.9 • 4100•«7 of 114.44 loot# the 44P 841.31.0649 6 41.44.40 of 131.70 coast 4.4.74 011.41'33.1 6 d{4tadde 08 311.33 17791 8444. 047131.11.9 e Ildu4t7 of 039.11 toot# "7777 943.34'7362 s I34teat7 at 41./1 90491 %so"* 661.33.33.2 a dl4tsa44 4t 194.10 goes$ %4444• 974.36041.9 4 dl4g4044 4c 64.30 8.711 167147 941.41034•t • 41846047 7f 141.14 14491 "4447 934*44.33't • 4a•4•4c7 4g 133.64 97.41 seen.* 66r1401462 a 49816640 at 163.$• 16.00 sa4e4• 011630103.2 a 418s8446 at 313.34 t00%$ $&747/ 911'91031.9 • 4147.417 48 144.31 88041 "7440 u33'17•lrlg 4 d16440" of 17.41 94.11 04.44 911'33'3302 4 41,414447 •1 13.30 toot$ those• 011'37031.2 a 1149••47 of 21.36 tool$ 164447 403'43.34;9 • 4141.44x4 1f 339.11 1.711 1,84094 9443411/02 a d1a4•se4 of 144.19 toast ta4n4. 93}033'73'{ • 41.1401414 at 140.01 coos# l•oe4a 933.33011.2 a 41.1.44. of 333.49 coos$ 94.440 933.16.12•g • distance at 1/1.44 to*%* 444047 944ris'9rt'6 d{as•dn at 314.13 to•4t %4474• 94r91'31.2 6 dt0s•ad• 61 16.93 loose 144444 1116.93.17.6 a 1141.44. 4t 391.34 fogs$ 164440 93133634.9 • 4146.«7 at 347.44 teas "48ce 073.39144.2 a Ilssewds sot 14.31 toot! 444044 164.63'01'5 s 11.6.447 7f 00.10 toga# leoseg a33•7f•SHL 4 4101.444 at 734.24 1076 164074 834.34.11.9 4 41.16444 •9 7444.13 97740 the,4e 94s•u•irs • 41.9.444 of 133.16 foot$ 464.4• 1189.11034.6 4 dtsteN• •1 34.02 Least %nese• 211.34.11•8 • 11.1.04• •9 93.31 foss/67ade'sl3'33o33.2 • 1141404. 44 41.44 tool$ %67Ma 019.11043.0 a d9s%e047 as 94.12 1.41187047 {41'42041.1 6 11441044 at 94.41 tov,# 944047 J34•>�4.01*9 6 4901.044 it 11.31 1.411 6104047 64 ^14014.6 • dt4ss,47 49 131.11 feet %67647 683,11. 910 a 41144"" ad 48.21 844% 960040 •19'33'4449 6 47414Mo at 130.14 cool$ "404• 013•,1461400 ++ 414"644 4t 410.93 1.411 26404. 944114001.1 s 41.48,44 at 119.1 4e4t Went 040.13.04'0 • dista"a 48 43.39 Coat 48474. M7103401SON • /{•1••41 04 133.39 '$sell "*fee 6661'%4.11 • 4to%4"0 4t 1+11.13 104%$ {117001 094'64014.8• 4146.004 *6 04.46 tool 164047 11380139344's • 4640.047 7c 43.14 8044'r 164044 M0043911406014 '0 4 16.047 49 01.31 Cosa$ 100.47 set.. 1004.6 6 4169/047 61 371.14 /s0t0 167447 131013133'6 4 41818444 49 44.94 cool$ %6.647 617031049.0 a 4tneaoe 4f 11.26 coot$ 624041 1183.3113100 a 41698444 as 113.40 test/ 14.047 1.4 �J ti 341.13.16.9 11 dlot6040 of 161.31 fast# 04•.60 933*31.3449 0 414ad44e 0f 41.11 Coes# %hews $49091.11.2 a dlessads so 114.17 $31.1$•19.1 0 disease$ of 19.43 Coast %seat. $11.11.6$•2 0 41masto so 111.94 toot# ahead* S44r34.14't a dlaa,acs •f 144.94 90e91 211404. 1149.19.14.04 a 41414441 at 331.11 toots aaosce $11.71043.1 0 414/4040 of 111.31 toot# case** 617131.44.9 a 4169e04e 44 194.11 1.011 %X004. lt7'01'39't • d0aaa0,44 Of 370.11 coolie %Seat• 111.41.13.2 a distaste 4f 311.41 t00%# ghosts $12.01'31.1 o dlstawt• 0f 71.31 toots lXeats /11.16.31.2 • 41414440 of 11.11 toots %heats 013.37.411t 4 41x%4640 Of 10.43 cost#taeees 171'34.43'6 s diatom -go of 133.34 944t1 thee*• 1142.11'13.6 0 414%4040 44 11.01 lett# cheese $41`11031.9 6 # 4Istawte lit 131.31 loot# usage 641'90.11'$ a dtausere •t 7114.49 Ise%# swede 531431.1419 a 4101LIft40 49 11.31 toots aXsets ■31.34014.2 a 41694044 01 44.37 toot$ u4*40 433.33.11.9 a 411414.4• of 41.44 #seat %gond• 131.44.44.2 a 41.0404. 41 11.19 10010 104440 ■49.44.33.04 a dt0140t4 of 34.41 toots Usage J11q4014.v • 414144040 313.44 tees$ U4444 64r44•171r a 41.410440 4# 331.11 coos# ts4040 011.11'14•$ a 41854440 of 11.19 14.11 65404. 644'93.4rt a 4104&114/ of 14.11 lost# s6o044 /1r04.3rr 4 41414.40 01 33.43 feet# t%44d* sl1•ss073'11 a distaste 0t 11.93 cost et ass*4o dirll•11.4 • 41414040 so 11.41 Colt$ %&sato $41.71.44.4 0 /10144*0 0f 41.71 cost$ %Stet• 141.01.11•1P a 4161644/ 4C 11.41 104$0 sae*** 44/•14113•$$ a d16a.&4d0 of 141.14 84.11 964*44 641.44.34.0 a distaste of 91.39 tette thee$. s31•41•14•s 4 414%4044 0f 43.34 foes$ $110640 601.33'04'0 0 • /ietsats 08 337.14 Cast$ aasw* 436.13.360$ a 44464040 s4 104.44 cola# %04840 61r31'32.1 a 41414444 of 149.41 foot# lasses 633.31.14.2 a dteaaad0 gt It.ls Lse11 63r11.1r2 • It+taws of 143.16 toots show• fir33043.9 4 43ag4a.6e 04 111.12 Costs uw-.*0 601.14.33•$ a 41616*40 of 316.13 test/ s6s•as 604.79411.4 0 dt644aso 0f 121.33 toots tss*dd 63r34.17't • distood4 oc 1$1.37 94090 thew$• 643.41613.9 a dlsta•c0 of 146.33 foot# saoa4e 1112*3319rr a dteaa44o of 111.$1 tests $seat• 1113.13.31.4 4 d9aae"o 04 11$.91 toot# tse*44 64r9t•4j'r a flag&"• 0t 13.43 90091 1se*4. 633.31•I103 4 4$0$.&11114 411 94.33 toots taoats • 639.31931.8 a dta944t• of 13.17 toot# $114041 444'31.46.9 e • 490940•* of 3L9s Costs these• 601•s3•77v • d•atosd4 a8 114.49 Calif too4.6? 643•'33.74•9 a distaste o9 174.13 fest# 940440 843.31.13'9 0 d14944*40 OC 44.47 toot$ %softs• 1144.73.33.9 • d3614440 Of 14.43 Lott# 91b*a44 919.31.11.11 • d4asasce of 19.11 toot# 41641064 s3rll•s9.4 s d44%6ate 44 14.11 foes# 160440 J31.11039.6 a 41410440 oc 13.41 coast %s+.we 633.37.43•41 a 4341444• of 143.14 toots ts4a44 $tr14.341v 6 4189.&44. 04 113.31 80411 41111.40 e10*41.1109 0 d141641441 04 141.44 900%0 9644140 $13.31.34.11 a dies.w• at 139.13 foot# u444* 646*19017•10 a 43.16044 Of 34.44 Cost# u►enot 91r34.71'd • diatawe• of 314.44 toot$ ass060 sir13•Ir4 a dsaao04o of 174.14 Cost# sao444 $94.14.46.9 a 41016440 of $1619 10411 %s404. 130030.11.9 4 /1414440 *1 MS9 18441 160040 643.36.33'2 6 dtole"4 0t 141.73 90091 ts0440 646.36.14'11 a 41066440 44 141.44 Leet to a0 14140941441,1441 •tot W 9e44 Lias of 084904OU Sedal*a 74# w*do 644.11.39.4 aldq 4814 Root !*logos Ldao a 46400.4. 09 4416.49 doe I4 sho /•tas4e02 «#nod 9se40*11 tss*de 14r14•sr'4 a&*" Ono 60468 "So of 1814 Settled 11 • State"* 4f 31MIl toot to • a" 6#t%a 1/e .604044 9$410081 aNwa 40041adt.d •ley gas Mltft Lias of said $e.6tloo, 14. o.6* 6s1.314s3•tf • /110%642• •t 37$7.73 8440 to we 604111.0601 4oeeaf 1sef0o4. $414 004404 ala* %ela0 the 6*$11ssass O4cas4 4t 4tec00osd 9.09140 330 %00440 61$0srs3.4 410" list 6*0111 1100 of •494 100491401 33 • 41614*44 04 3114.39 toot so ad safta 1/4 4••004 "efoods "*see 404gala s410694116 NOM Liao of sold se49144 330 goo 664'fl•S3•v a .latest• •4 M"s toots to we 144$6.9416 4404106 911.tedO& •444 cogool •l0* bats* 1114 1.416480. 40160c *t af0c4e664 /coals* 371 048600 614.61.11.1 ale" ago pasta use of $old $etuddi 33 a 41496411• or 3131.4$ toot to 264 isem Us defeat uefedg# ageoct t•stla*iN 410q 484 6ofell Lia* 0f 4414 J449104 37. ova■48'36.14'• a dla$does of 1441631 good to the tow o9 • 1r�l sell "0 ISi1T1 hoe th0 shoo• 4064111641 %hst 1411.16 refs•{ of 1461. 3714� 14 •1••.••11 tt9T1A !!. tlaw/s1w !1 tavn, A"40 34 tAsr. t@ttlof 44.48?. 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S4101,404869o 4•I9.9 • 4tos60e of 191.44 Sets$ Monte 24f•3s,31•9 a *$asset* at 71.63 foots Oleo* 910431.33.9 a 4/844446 of tf.q 1444 to so I416e41044140 etch W Pafu Wo of 864460064 sonless 33 sad 3711.04 06tr3$•1I'10 . 4te14ace of 344.$3 Saes 11.41 %&a Msft1a44a 41414.•41 %04811411 %bawd.. 1141.190416 41.•31 art • 41.4.01• 418 94.63 11.048 6104141• 6&r1I•41•t • 416040410 at 11.44 lease 144.40 $34.31•44't a 49.46640 of 84.44 Sees% %sao4o $31613'3109 a 41e449!we of 10.34 goose %boeae 841•11•11*8 is 41.44440 at 14.14 lost sboeae $73.33.31.9 e 4/0400441 of $3.03 tease "seat $34•64'31't • 1114%•411. a# 1134.66 tests tbe•ta 911.44.33.9 a 4t6600aca of &17.11 loose sboe4e 963.14.16.9 '• distance at 43.41 tease %69446 146.13011'9 e distance of 196.11 toots %se•fs 913.14144.9 a I9atees0 of 71.41 PYWI P • f00%# tbe*44 411'3/•11•a • It•sa61e 4f 11.11 foot• %%•4"• 131.13'11.1 •1449444 of 41.11lb•44• 134.44.14.9 • 41.4.440 4f 11.11 Foote 4*0444 /11.I••1r11'11.9 4 dleloste 4f 14.11 soot a Ib•44e 134.41.31.4 4 "lass•"• 44 11.11 fest# %sea"• s3t•1{'1/'t 6 "1414044 of 11.11 lost to 84 la%ot9et01.4 etth sibs e6e1 Lima of 494/•sold 1ot%l44 31 464 ills, 341.33.14'0 o 414490"0 49 1111.11 loos 4140 $be 04440446• tefh•1 ase/sect 6160"•. 1.441440 !31•tl•tt't a dl9%este of 41.41 lot%# so -8444614.63.33.6 0 •tat"do of 41.14 legal legate 113.41.33•+ o 4194404. 4t 13.33 foo%# %heads 141•a1.74•n 4 4as09wta at 131.34 tem 110.440 111.11.11.19 a 41414.41 •1 114.31 90.11 assets 193.34.44rs# a 4lossa14 of $4.43 foes 4s s* 10%4440411/*0 Wits as; •944.4414 6114 L144 of 9.4111* 33 sad 11t4l 144133.34.19 e 414%4446 e9 1111.43 feet ##4• tae 0444&4444 4e1*9$ aboloser 44404st 410141004 811.34.14.19 s 41004.4. 414 16.13 toot# asset• 111.31 9lot 4 4144444. 4f 41.31 foot# %64444 811.14.44.7 s 411414449 4f 11.13 lost# 469440 811.11.11.11 a 61444144 of 14.33 1.911 060.4. 1113.19.1109 • d16%ee#4 of 11.41 teats %*est• 114.11.4664 0 411814.40 of 3111.11 least 4&4040 141.11.13.7 4 4141.44• of 11.11 It*% 44.444 /4r93•3ry a /1444444 4d 1.3.41 40041 041146 111.71.1109 a dlatoodd of 1.4.31 94.41 46.14• 111.33.14.11 4 d6144.44 of 11.11 fest 111.040 941.13.43.7 s d104se4s of 14.14 #001/ 4&444. 831.111•• s distaste of 14.91 4000 40.44• •11.11.13•• a diesso4o of 11.41 #••%1 40.040 111.11'310 6 4 41404.4. 4f 914.14 foot# 4&404. 141.41.14.1 e 4104404• # 331.49 fetal %b•*14 sir11.13.9 04 6 41.44• 49 141.43 1•%41 014440 941.18.34.9 a 41844940 #6 1.1.41 #ease sbom44 543.31.33•ol & 461%4444 Of 11.41 legal tb•e40 131.13.137 6 4194.444 of 144.44 $e•%/ U4014. 846.46.16.19 6 41.14049 *4 131.34 legal sheet• 816.31.1/•9 4 41964610 49 11.46 44.4/ %11•440 614•x1.4167 d •4•%6444 48 16.19 94.11 sas*te 1113.43.44'16 1 41.44444 Of 16.44 foot/ tate#. 113"4.8.9 s da61se44 of 111.84 5;401 6&;444 /30.31611.11 4 19404444 of 13.31 toot# ahem"• 811.31'1)•• 4 dlst1444 of 14.49 fast# thsoce 861-36.11.7 6 4141444. 09 11.13 90401 the^44 1114•71.13.9 a &latest• •1 31.16 14411 011.040 831.11634.9 4 414%4446 Of 13.11 foot$ tao440 443.38033.4 a alst4*40 Of 31.33 f•0so #hast• 131.71.11•9 o "1914*#• of 111.•6 coast thew" sirs .4r11 o dissaate of 140.$3 toot# %11.414 43r73.13.9 4 dtet•*to •1 11.33 fors# choose !31'3l•14'9 a 41944440 of 13.31 loot# the*"• 936.11.40.7 e 41944640 of 114.34 coast %%**as 613.430I1*9 6 diessaw4 ad 31.41 freerr 411.14• •11'14.46.11 4 4644•444 of 11.44 toast th;440 831 73.81.7 a 49sts44e of 1•.41 11••%0 tsa44• 147.34'4347 e 41.44440 49 11.11 6441# 464444 11r1l'41.11 6 dtsu04o of 133.11 legal %&4444 831611.33.7 a 46404044 e4 33.46 feta# abesto 191•41644.8 6 dlst4444 Of 31.31 #seta those• a4r13.46.8 4 414%4.14 09 41.01 18415 %44414 aorta • d94tee44 9t 34.41 to•%1 464444 e33H•iry 4 4610&44# of 14.11 lea%# W60"o 94r31•1l•. e 819%4*14. of 31.16 tot%# s444440 014.33.43.19 a 4444444. 44 31.44 to at %boost 041633•i rr • dlsta04e of 14.11 coast 460*44 .11.41.11. • dial&"* of 41.13 deet# %&..44. s43631.3r9 e 410%4^44 of 41.11 fee%$ gooses 014636.1+9 a dies~* of $4.41 feat# 4&440# 1116•74.4409 & 44091440 Of 13.0: lease tbo44o 063.33.31619 4 49#%4ses of 13.13 toot! %"a** ast•1$•41.9 e 41414444 of 931.41 94416/ $114444 af1.73'4".1 41.46"'1 ad 143.•3 44s f00% thoa41033.34.9• {•a&se• 04 11.43 44,00 %%see* %less 803633.23.0 • 4 . •1 141.43 144 44a 1' 00 s&o013.31.319 e "seta^#• 9f 81.3v 94416 %*0440 017031.33641 4 diet&"* of &$"I 1440 1164• 1139.33.1/6194 dio%4444 91 939.14 teat/ %&•"a 164•�4#e•93.19 • 46414060 91 913.30 taste used* 841.31.46.11 a diet*^#• of 933.39 cost 1"4110 14444 81r44.3ru • 4144+444 of 144.31 11••11t 1&#449 1114.411.3194 • d6444040 •4 941.31 does# the.•• 813.94.33.19 • 4t4a4.44 s4 11.43 164%$44444 011.41.3+114 •t•%a we of 914.31 t«t# 9sws 1144043.3199 • •ase.ee7 04 41.31 1601st 1&4449 111:74.34694 41441.40 04 114.14 lost$ Shoots 943.33.4369 4 4118941•641 94 313.93 doers oases ■4r43.9404 6 dts%4•#4 74 11.64 8041,1 41141040 94041633.19 • de446044 at 94.44 9*091 46404• 1111013.11.9 4 49004440 of 31.44 aerie %*o*to 1111.14.93.19 4 d94tews 64 14.99 loose ts•e4e 041014033•r 4 41.46044 et 31.96 14.45 119444 1114.14.71919 • 116.184064 44 41.91 J 441.40.46.9 s flosses. of 111.31 1#0%# 00040 914.11.11.8 . do*, 0040 .1 811.40 80040 e1100ee 4.4•tt•11.9 . 46.4"..8 11.1• 1..%1 4110649 446.61.11.9 a 419%8040 .t 141.46 t00%# law. 4.1.31.44•• a 46.4404..1 1.11 toes " so 90e4669496414 also 4" 44.16..64 4444 1.440 .1 9044160 21 a"11149 4ee011.14-8 a 4 11018649 of 1413.91 9o.$ fs.%a. 14eshe0.1 40400# %&asset# 4&00000 94041404 442`31.144 . dlasa04908 01.13 loose saew• 411.11.14•1 . 4/4%awe 08 11.43 felts $84040 841.31.19.9 a 61.40040 44 41.1$ f.•%s w2`• •41.31'21.9 4 4014941049 of $se.29 10•40 4000"0 461.31.1306 a 41.14040 .f 341.31 goo%# %head• 461.31.31'8 s dto%•wo .t 133.46 t•4%# 684040 1111•#1.1s•s a . st6t40.o of 13.41 lost$ 464644 $14041.3602 a d1t4a04e of 46.32 tom %64040 918.11.1#"9 a slat•... .t Nos• 9osu ue te0 164.16084.9 a 6tas44" 9f 134.31 toot $seas. 813-34.14`9 0 4%•%4040 64 43.44 100u MOW* 944031.1 a 41aaa"o .f 334.11 cost$ tike". 104401s•ars 6 dl.tawe at 341.16 to4u ss0646 861.29.1s•9 6 a6•w a .f 9%.64 goose wale moss•ors , 01184,141441 df 813.13 last 1400• 44944.3rs s 41. s..s..t 13.34 loos$ 4164". ■61.31.39 •. dlssa06e .t 14.11 t•.%# Ne64. 4.4.31.31.6 a 414sa«e .t 14.29 14.68 eh00.a 4.3.64.44`11 , 418%aae•. of 343.31 tees $6446. NrU04902 , 4104a0...f 341.19 84491 s.4"• 849"3.6106 a d6.sadde .f 313.37 loose %ayaa• $11.31.4404 a dlasa«e .t 113.13 141041 46904• 9.1.31091`1 • .1.46644 of 83.41 It•stt 4b.ae. 143.13.36.9 • d8almme .f 114.27 tomstso4a $13•41•`rs a Alo%s0.o .f 49.11 leas# %es«0 108.13.31.6 s dies,«. .f 11.11 foot 84»04. 441.76.13-4 . dso%a04..1 19.31 too%# %6064$ ROP3 a • 4less.44 of 19.18 #Sots s..10 948.11.1109 a d6sssad. of 371.33 goose 641•«• 341.31.319 4 d6st11«4 .1 13.14 total those• 811.13.3404 a 401418a40 at 91.13 toot 164044 913.41.3104 0 dist.«e .f 46.10 too%$ %teas• 811.44.19.1 t dist•..• $1 13.31 foot$ %.0646 461.41.6340 s .tau«. 41 /8.33 9•.% stood. sort9•Ire • 41844440 4t 13.36 t..se chose. ml low . dia%•ae• 04 14.43 t00%# th•a1. 444061.3MU a al•sswo of $8.41 toot# aa064. 866.10.31.4 a dlsaa«a at 43.44 least ahead• 914.19.81.4 • 414ssas..1 913.11 #«a/ We*"# a1N33.0rw a dl•e.ad4 .f 144.41 geese 114040 911"7•33hs a 41644444 of 91.31 coal# sas640 311.34.1304 . 41446060 of 111.34 toot# saa04• 934.11.11.2` • ala%a64o .f 33•.41 foes whwo 1$1^93.34.9 s d1a4604o .f 343.11 $•.t# %11.41. 483.26.69 a dla%aado .f 114.14 loose 94.046 444•11.14•• 0 dl4t6e46 09 313-94 lost# 960.441 814•19041.4 . 41614..4 of 04.31 /40%# %ao046 11r34•3rt1 a .oe%ase0 .f 41.49 goose %64044 44$ -43•t? -r o 41464444 at 33.19 80014 00046 mWes•33-9 a ales8640 .f t34.9t Its%$ 16.044 833'33.41•+ a d1.1a0440 of 3%4.39 1«%$ Waco 834.14.49'0 0 411040044 .f 13us 1.490 4900141 816.31.31'4 a dlsta"o of 138.43 coos# asowo 831`11.34`9 a 41040"4 et 14143 10410 $114040 632-14.14.6 a al•4,as4 .f 94.21 t„ta 84..60 63r12.34.2 6 490680" .t 843.43 10490 41.404+ 933.3463941s a 41404ae. of 333.14 1444• 4600.0 1136.16•43.2 a al.ta40e .f 131.34 96460 411044/ 413'27.1••9 a 4i•saw..f $1.34 t.eu $sow. 419.34.19-1 a dfat.w. o9 11.17 coos$ 460044 894.11.44.11 a sl.eaw. of 12.41 $..1s 6a•a.a 461. 1492` .. • a 6161.. 4f 384.43 soots t10ea4e-of Zolfo 91 -es a diets"* 69 21.34 9"-"lao"* IsOWH•M0s a 48066044 .f 311.1.3 16.40 46,044 8833034.3046 6 4144"We 4f 439.94 f«es tb"do 413046.440s a 619usa4 41 641.34 tot$ $66«e 491.341.14.4 a dast•we et 43.44 84440 %M490 841.31.3404 a 16.1&444 of 33.43 960%1 •hews 833.33.44081 a dl.uwe of 43.44 loots 640"1 611.44919.8 a ds6ta44e 4f 333.44 t..s$ Ueede 631011.14.9 a dtasaw. 9t 14.14 941t1 t10.4ae 839.49.3341 4 dlatame 4f 13`03 4••s/ $64044 699.33.94.11 a 4118140"4f $3.99 Coote 11"0010 461.14.06.9 As 4941med4 48 3341 q toes# .04e Car69.61•s a 4/staid. 4t 36.11 soot% 46.044 633.91•S4.8 4 6/eG.4.. 4t 13.84 fees $600" 644031.19'6 a tlesaw. 41 $9.33 2`f«6$ %base. 431.13.33•3 9 dl4uese Ort 43.94 doer a4w4 831014.39.2 a dlsuw. of 4941 90410 swat. 831034.43.4 a dleuwe 4f slots feast 16.49. 134013.34011 s 414$4444 66 219.14 loses 666446 $44.32.13.1 a dist•«e let 41.11 toot# thea.. 916.41.84'. a 4644444. .6 13.46 904141 1110.44. 813011.3011 . 4111144441 Of 11449 tests $h.we 941023.41011 6 dlasas4o of 138.16 10.4$ 5bo64. 1.10 JANVAAT 13, 1144 V lTV ctf, urs n Leat Deocciptl@s A paccel of faad 11109 th DCnWf"Z" TRACT -a, at tae COLL199- $CAO TrL►CT AAF• Sccordl&l 90 Las plat th@co@f. ss coCacd*d to fiat fast 0, False 49 eN 41 of the Mite t*Cecdt of COMIC Cosner, flocidao octal swco pecticglaclr deeecibe4 as tollowst C4ssaaee at the latstseetlaa of the 9419th tract b"04497 of said 04vilepoewc Tcsctwi 4ad the westecir iiia& at ray Line of State 9444 M. 151. 8411 tatsco r"Ieft baits shown as ataclsaid plat as 141at 1146b*c 10 teeace tee 11dr2l'31'11 410" salt Meatecir tight of Liao a dlstasco of 210.01 tour taeoce coatings 41eal said wooteelr algal of x41 Liao ■0770.21'9 a distaaiee of 40.30 toot to tag retat of esevatmes as s etearlac Cleve eoaeafre to the Most bavtng a C&4118 at 3007.71 tout thence sooesecll along said wooteell highs at 9a Liao ant Sao ate of 8414 maws thcoele a Conceal Unto at 01931.130 as Ste dlstaace at 101.33 (oft to the • FOt11T Of Oce t=IVG s( the b*tsisattet d*sertb44 paccel cc Saadi thomee 1049181 said ~@@tech tight of Mai Liss and the ace @f said sgcvo fad 1157'23039.9 a dlstasco of 4.30 (*act tfface 1137.01131.11 s 414teate of 17.11 loots th*ace 1143.33111.11 a distant* at 14.71 toots theme@ $41.23103'11 4 distance of 13.70 •, tfoct %mans• 1191'31'43'11 s dtstaaeo @S 17.44 coots themes 1111.31134.9 a distsae@ of 10.13 Costs chases 1112.23•S4.9 a 410944490 of 11-13 toots those@ 1146.01038011 a dtetaace of 33.40 tests ta@nso 1177031'37.9 a dlstasco sl 10.07 lasts thence • 077149921.11 a dlsteses of 20.32 fest! chomcs 1114'34111.9 a distsoc@ 09 23.00 teat/ %%*ace 1143841'44.11 a distance as 11.94 lasts theses 1197.12'40'N 8 diseases of 2.04 Coat to the Cast4clr Liao at that cectal* 100 toot vide, Lae Csancr tlecteic Coepoes9lve, Ise.; Right of Ways thence continue 997'12'10.9 a distance oS 22.10 toots these@ 1118.3019709 a distance of 13.20 Costs those@ 183030132.11 a distance at 17.17 Letts chance !41.44.3209 distance sl 13.10 foots th4mCe !11433'0$'11 a distaste • of 15.11 toots these* 1174901084011 a distance at 13.14 loot to tag weeteclr Lla4 of the atocesatd 110 toot ride• Lee Cosner Sloeccls Coop4cativet Ind., high& of 1161, thence Costing* 1174'01'04'11 a dlstaeee at 7.40 toots thence 1171'23'23.11 a distaste at 1041 Costs theses 1194.31'02.11 a dtstaace et 17.$9 Coati &Rene@ 961022031'11 a distance of 13.74 lasts thence 930.13.30.11 a dtstamds of 19.47 fast$ tasace 1143.17129414 a dis&aace aC 24.01 coats thence 1142.13111.11 a dtetasco at 19.74 fasts cheese 112$030427.11 a distance of 14.10 foots chose. 934'04'39011 • dlatsace of 11.46 toots thence 1131.24'31'sf a diseases of 21.00 Seats thence 917033036'11 a distance of 31.02 tests &hose@ 924.47143.1! s dtscanee CC, 16.19 Eager &heave 1111.14033.9 a distance of 25.44 Coati t; encs 1100.27'11.11 e • distance as 20.44 toots mento 1122.40011.11; a distance of 31.11 testi cheats 91103102109 a distance at 32.42 Sestr thesco 925.10030.9 a distance of 33.09 tests thence 214.2113SOC a diseases of 1.71 Cots thence 1126012041109 a 4lstane@ of 14.03 toots thence 941023133.9 a distance of 33.92 too& to s point of tnteceostloo frtt3l atorss4l4 Pecth %tact bouad4cr 99 Development Ttsct-At said Foist Relaagg ow the acs of a ticcrl4c cucvot csacava to the 11a0theastt baVIA41 a tedles 09 100.009@4% had bases 902.291340& 1104 the sentot at the etcele at said Owe vol thence West alo11v 4411 11orsh exact bdrndatrr and cAe act of said ecru@, thto9gh a soattas snits of 1604 do as are distance of 32.82 toot to a pole y said polat bestial 1119821.33.9 (cos the sentec of tat estate of said clever themes haula said secth &cats bmamdac &014 the acs at 4a14 c8cve. can 1119.43013.9 a distant: of 11.47 tests theses S530131016at a distance of 29.23 tests thence 1149.10121.11 a distance of 21.43 Coati efface s33.334113611 m distance of 14.39 lost to spolot of tstacsectlaa With the aleceseld 1149th tests bosmdaer of osv*lopeent Tcaet-A and the acs of atof*seld curve concave to the southeast having a ® cadlae of 169.00 Costo said point beefs 1193.0141'9 1908 chs center of the Circle of Sold clever thence selthocir along said Match tc44t boundatr ami the acs of said cucv4, chcovgh a Caa9cai 1;77 EXHIBIT C 541011011.11 a 414%4&46 OC 47;71 Coate 00444 506.39013.9 a • 4tataa44 of 41.11 Cotte the&49 541.34'14.11 a 418ttaco .1 31.14 • 4441 so 64 1&tac24ct904 alth the seeU 6940 tg 41446644%t4a04 4"1104 14 w &7t" 661.31'11.9 4 4t•ta&4• •C 441.02 loot tree ase 04/10966/ 601541 %11414.41 %aa0se. 44allaee 501.34.14.11 a 4gotea4e at 173.31 toots taeaca 504.11.11 ! a 4totame at 231.43 Coots %hops• 560044.40•! a f9attace 0t 103.07 'loots taeace ■01.14'17•2 a 4tat4a4a of 114.80 last# taaace 516.11993.4 a e 4991484• at 94.10 toots 04444 5t6•s9'14.11 0 4t616044 at 14.33 14.%1 a5oe4o 500•%1'41.11 a 4tsta4ce at 90.93 toot, lheace 501.3111%•5 a 414%0&46 ad 11.19 19,0%1 tees44 1184.33'41.4 a 4111404. 0t 344.t7 loot$ latae• 54r34.14•t a 424%aar4 at 13.73 44411 1141140 501.43.31.2 a 414caaes 0t 313.14 Cost# thoase• 541.36.41.11 a 431114440 of 90.44 lost; theace 503.11'34.11 a 4ta%84s0 0t 134.14 1x411 111eac4 561.33.4ry a itaeaace as 113.03 16611 e1144410 5t0414'64.11 a 4161..44 ad 311.17 tots %aeaeo 511.11.41.11 4 41444&40 at 91.11 WM 11.04. 501.31.34'11 a /haat• ag 141.93 goat# Wa40 500.46'11'71 a 4tstaa4e 09 111.44 9041I tae"a 564.04'34.9 a 49411a44t at 114.47 goals taeaee 5l1•il'43.11 4 419t4844 of 111.44 Coast ua&ge 537.16'37.11 4 41644&44 114 173.11 goeu aa4&g• 51r4fosl•11 a 41.44444 at 133.13 I04s1 1114&40 037.01'4171 4 41x%44146 0d 103.43 leets lhoato 244411'41.8 4 41104,9140 9f 36.31 is*%$ 6114&4e 033.11'31.11 a 4t014040 of 61.33 total 04640 1131.49•sru a 494%4a4o as 17.13 Oat so 64 641.44041164 vtta w 9.64% 648. 111 asoos4at4 iaettaa "5404 1ftal 5o0'93.14•C a 4tataa4• od 3004.31 g00% tet& tae 2e01h4844% 471••4 2#04/self ah•&sa• 4044Le5l"41'04.71 a 416•64496 of 01.36 coast ta404e 634.39.39'11 4 41at404• •t 17.47 taste the"* s4r32*IVV a 4ttta&4. 44 11.11 toots woes 636'06.43.11 a 414%4846 of 94.76 t4,0tf %&ease 041.30031,11 a 416%.644 09 1t.97 costs %&444• s3g•44031.11 0 498sa444 0f 14.67 toot# tha4co 236.33'16.11 a 419%4.4• 4C 19.00 940t9 these* 264.31'13.11 a 4totaag0 •t 197.67 Setif 00040 993'34.44.2 a 411t46c9 at 110.13 Cases %••ase seroolV3.6 414%644. 09 16.16 costs taeaco 1133.37016.9 4 4ta%4444 of 61.69 94911 the.e. 673.36041'9 4 4lotases of 91.19 toots those' sir40'34.4 a 41614&49 at 13.66 ft•tl 14.440 1164'13.01.2 a 41,4%aas• at 71.31 toots %.66494 239'is04rc 0 Ilst4e4e of 43.94 goes t. 0. 3&se4aa4t1a& vtu two rata 194•,46 4tece04t4 Iatttoo.14 084 11981 544.11'14.9 a 490t,9age 09 3633.33 140% Cc** the 9"%.hvoA% 4446et th414ot# uea466 40491484 031.3404119 9 414sa44o 09 13.33 goats ta4ae4 • 1111.06.34.9 a 4lata444 09 69.16 cost %agog. s34•19'1M 6 • 49auseto o1 43.13 too%1 ta•e44 031.41.14.9 0 4ls%6a4o at 98.11 • toots %see4o s43.41.1rs 0 4ga%aast 9c '163.46 tats) %a4aco 219.13.66.2 a 41444440 09 44.69 14011 %a4&te 961.31'1I.c 5 n Itstaa114 ad 111.93 90410 160644 SW13.11•9 a 41614a4o at 163.41 90401 04"o 849011.11.2 0 416u&49 09 136.19 944%1 04444 036.340630• 4 Ilataoge 49 04.14 deals 2seaeo 637.61'11.11 a 498&4844 9t 31.94 904%1 416440 839.3341.11 a 4181444. 49 34.27 toots she449 69400495M a 4tat,9ago of 44.t3 too%1 04440 963.34.43.11 a 410%8440 of 86.34 C44t sages• 263.41011.2 a 49194.4. of 1643 toot tha%,es 846.9101 a 4tetsace at 114.19 • doer) %%a"4. 844491.31.9 o 4tt%a&40 oc •131.36 dealt %11•ag4 241.1704tow a 4681sece of 11.69 goes/ tho04e stl•41'04.11 a . • 41444404 9f 163.64 toot# %hawse rir46041.2 a 414sa444 at 11.41 toast 01148440 196`16937.11 0 41844044 06 134.17 teats ahe4t4 Is9•slo4l•2 a 4&sta&ge of 64.14 loot# 1%4044 144.13'91'2, a 49916040 119 19.36 goals %aqpogo str33•11•5 a 418%sage 0t 1.33 goes to %sa 10to% of 1plasla4. • 1-1 C6414t&181 143.61 .4190. sats 0t lost. LLS• ANO 92Czn teem the abays described passel at land lying In 410cee4l4 Development Scant -A, that pec%lon 1001,01 voce pacticulacly deseclhed as follows$ CassenCe at the tnt*cseettoa of the Notch tract beundacy of said 0evelop4ont teaet-A sad Cao westeely >119ht of May Line at stats Road No. 531, sets latec@ecti6n beta! shown on atecosald plat ee Pettit *6soac so thence cum s02'is'35 M along said Wastaclr night of LIAO a dtetaAte 01 368.91 Coati thence continue along said .i*steely n1g8e et liar Line *67.30131.11 a distance at 40.00 tee% to the point of eNevatdre of a elceulac Curr: eoncays is the West having a tadlue et 3887.75 tests thence southerly along said destaely Alin% of May Line and the acc of said eucvo tncougn a SAgla of 21.25013• an ate distance of 41.75 teat to the point of tang'eser 1 tk*aes eontlndlag along $414 Retch tenet b4vAdacr ' 802'21'11•9 a dLatasce of 175.73 lost to the ppeStat at Cvcvatsce • at a eicevlsc Cleve concave to the Itoethwest ►evlag a tadivs of ^ 40.15 Coati theaCe S"thetlr along said Yeeth tta9t b"ndacy and tits ace 49 satd edcvs tacooga a tanttal angle of 111.16'14' an ace distance at 117.35 cost to the point of tsngeacyy,thsac* teAtihds aleal n14 IIOC%b tract bOVAdaty *4S'31'3S'W a distance . St.13 coat to tae point of evtvatece of a CLeevlae Ciev4. co are to tae *octhoast Raving a tadlvs Of 1310.08 Coati theace socthvostotly aloal said 194996 %tact bovsdacy as4 tae ace of cvcve, thCevgh a eanttai angle of OS'll'07• as ace distance of 111.3614st to a point, sold point beats s25.15'120M lees the castes of the ciccle Of said cvrvat theace, leaving @aid 1lecth tract Ltn4 sad Cao arc of said eucvse tom ■85'38'31'v distance at 31.18 taste teosee s82.41'57*W a distance 49 12.64 Costs thence 243'36.13.11 A dtataaee of 12.15 teat# thence t16031'01'11 a distance of 11.88 testy cleats s25007.43•M a dtst4Ace of 11.32 teats %&once S44.17'30.9 a distance of 17.42 filets thence 81201493409 a 41,81sate of 12.22 teats t&enel 's03.00'Ss't a distance of 15.15 coats taasee 031013'38.9 a distance of 10.04 Costs %&*MCI S360SI'16.9 a dltamco of 21.26 Coate tb*ncs ' 871.41107.9 4 distaste *c 12.05. tests tb*AC* S60.05023'9 a dia%anee of 18.70 tests these@ S41'40'83.9 4 dtstascs of 21.06 teats these@ 546041.40.1 a dlstsate of 34.31 Caner thence .47.34035'9 a distaste et 23.54 fast, tbasde S25.Os'20-L a ; 418ta6eo9 of 64.13 (Sett Closes S1503I141.9 a 4te%&nice 23.75 test► taoaee 014'1593V8 a distance of 27.81 (@sty thence 801'15'31'9 4 dtatasee of 30.02 Coati ta.nt a 0s0615135'11 a dtstasde of 51.31 tests theses •01.11'17.9 a distance of 33.82 Coati %&saes 0S4'43'23'9 distance of 46.80 Coats thence 648.27035'9 a distance of 22.31 teat Chance 571.41607.9 a ► d1et4s90 Of 38.85 testy taesce S72.540130s a dLataace of $7.13 'r Costs, these*S35ek1'3se9 a distance of 47.11 toots thence _l 824012016199 a dtstasce at 12.47 Costs tkaace t47'18117'W a distance of 21.20 eeety thence 031'3s'S6'11 a distance of 21.61 i !sect thanes s62•03'37•d a distaaee of 43.04 tests thoncs S540461060M a distaaee of 21.31 tests thsaee s 42'1 ivit a distance at 30.38 coots thence 031'29'88'11 a distance of 31.38 ' teats thence 683.16.140x 4 distaste Of 30.77 teat# tames 884.07'33•M a 4Lst4st4 of 63.18 feat# thence *78913138.11 a distance of 43.41 Casty thongs 1163.33'260* a dtatsact of 26.47 lest to tae Mectsecly 1LLlkt of Mar Lima at State 1444 Mo. $31-t. . 1414 point betal am the ace *9 a clecvlac cvcve concave to soctheast ►avimg a 044164 of 1960.06 test and bears 920.00'10011 Ices the Santee of the elesis of 8414 ttitevos tasnca sogthoa@tscly &Leal said NOCUselr Illlat of We Liss and cue ace 4t said Cvcus thcevgh a cetltcal as to of 63011'730 as act distance of 181.77 toot to the point of tangeneyl these* 5750460430r aloAl.Said neetastlr Wight of warLine a dlata01es at 111.7y tett to the atecesaid daelocly Line of tun La* Co:'ot tlsetcla Coopacsttv*, 1019.0 night at Wars thenad coatings. B73.46'43.9 along sato Rectlieelr Right of War Lino of State !load 114. 531-s, a dies&nce e1 102.12 toot to the 4fvt42414 tasteeIr Liao of the Les County • tl*otcle C4*pecatives Lne., 9111tt *t Ways thence eentLnve 373.66'43.9 along chid 1149therly sk int at Way LLAe of state Road so. 531-a a dIstaneo of 135.13 cost to the aforesaid s1*etectr Right of .lar Line of State Road me. 551 and tun ace of Said CUCV9 sancave to the Most having 4 tad Les of 3887.75 test, said point beats 1174'15040.9 fees tae suites of the 9ieeie 61 said 9ucve1 thence 1144thettr along said **steely Rlght of stsr Lino and ace of said 9vcves through 4 eoateal sagas of 05.36'27• far an ace distant* of 6.4.17 Lest to the Po tat of esginaing. s LLS• ANO 92Czn teem the abays described passel at land lying In 410cee4l4 Development Scant -A, that pec%lon 1001,01 voce pacticulacly deseclhed as follows$ CassenCe at the tnt*cseettoa of the Notch tract beundacy of said 0evelop4ont teaet-A sad Cao westeely >119ht of May Line at stats Road No. 531, sets latec@ecti6n beta! shown on atecosald plat ee Pettit *6soac so thence cum s02'is'35 M along said Wastaclr night of LIAO a dtetaAte 01 368.91 Coati thence continue along said .i*steely n1g8e et liar Line *67.30131.11 a distance at 40.00 tee% to the point of eNevatdre of a elceulac Curr: eoncays is the West having a tadlue et 3887.75 tests thence southerly along said destaely Alin% of May Line and the acc of said eucvo tncougn a .• • central angio at 6143111S' a0 ace distance of 101.32 testi Looses lsavl M sad 4sotstlT RLght 419 May Line and the act et said cv,vs fen 0S7.13131'11 a 4letanea et 1.30 costs thence M57.46'Sl'4 a distance at 17.11 teat, thence 043.33'11'M a distance 4t 14.71 teat, taaaee s41.230131w a distance at 13.70 teat, those• 061.31142.11 a dlstaaee at 17.11 toot$ thanes m41031.54'w a dtstance at 11.11 tests thence 011:2S'34014 a distance of 11.11 toots thence 1111166114'300W a distance of 33.46 toot$ t1face 077.3!•37.11 a distance at 14.07 teat$ thence 8177.460210.8 a distance at 10.32 toot) theses 094'34'12•0 a 418944CO of 12.10 teat$ thence *13.41044011. a distance of 14.64 tests %*face 017.11'10'11 a distance of 2.44 toot to tae Castocl7 Line 4t that coetaim 100 foot vide Leo County tlectcle Coopegative, tae.0 aight at May sad the Palm? or /cGtN01NG at the/accol 4t 1864 barelaaltac deaccibed$ chants coetlnua 0187.11'104 a distance of 12.11 tests thaace 918.38.07.11 a distance of 13.20 felt$ thence 913.10132.11 a d ata*es at 11.17 tests thence S81.44132.11 is distance 4t 13.16 fest$ thence 811.33.039v a distance 4t 15.91 coat, thence 074091'94011 a distaste of 13.86 test to the M•sst Line at atocesald Ldo Cedmty tlectcle CooYecativot lee., Right at USTI tk *co $82421'31.11 algal said volt light at Mar Line a distance at 444.09 Cost to the mottacclr Right of May Line of stats 16464 00. 131-81 taonce along said loctaeclr Rlgat 4t May Lino tuAIS73.41'43'9 a distaste at 102.12 foot to tris atecsaald tact Lino at the Lod CosatT tlectcle Ceep4cative, lac.• Right 4t vaT$ theace 002.29'310t a dtstance at 641.12 loft to the mint of esgtnsing. ' Containing 7.03 accost more oc less. m ALSO A Yarcal of 1404 lTiag in 61014eaid OCY9L0PA=T TRACT-&. 41 the COLLUK I RCAO ZRACT KAY* according to the Plat t11e91e9. 44 rscec444 in Plat ieoh It Pages 46 sad 47 of trio Pebllt lococ44 a( Collier Ceent7t 710CL440 being •oro PacticulaC17 doacrla44 as tollevss Ce4Saats at the lntarbeetloa of tM porta tract Wuat4647 of 8614 oevalo pmefM tract -4 804 the veatecl7 R&gat of 1sT Line of State Road so. 931,. 4414 LRtecoaetl44 being #hove M atocosatd Plat as Point 011441b9r 3, theater cum So2'11'31'11 along said woetacir Right 4l L',me a distance of 261.01 tests thfnca eontlea4 aleag said Mastogl7 Stigat at Way Line 087'39111'11 a distance of 40.46 toot to the /stat at Curvatuto at a circular Cleve taeeava to tae Meet bavtag a todtae at 3817.79 feat$ thsace seeth4tly aleag said roftecly sight at Vey Use and the are 4t 6414 Cam t,tceegb a seatcal enols SC'1 5001• as acs distance at 138.49 test to las 9eeta491 as%at of 1141 Lice oA state X464 No. 151-h,6414 Point beets 9 114.31 14.19 tca4 tae seatac at tae steel@ 419 sold gecvf$ [hasteala" 6414 9outaotlr alga$ at May Liao of stage Road go. 131-6, cua $r750I804l'U a di,staaea at 230.J7 teat to tao rolaT or 994109:04 at the haceimattac 4464elbod Pares& at land said Point alas belag the 11osteclr Line at atecosald Lee County Claetele Ceopgrstivat Inc. Right at ways themes cantinas algal 8414 9eeta4cir I<&ght at Mar Line et State Pa" go. 1518 075.46943-V a distance of =02.49 toot to a rolat et eaceaaece of a eleeulor eecvs concave the pectae4st having d cadtos at 1940.89 test$ thence Pecthwssaclr along sa14 Sestaetl7 Right of var Lice and tae age at said sucvo thcwgh a Genteel aegis of 14.18638• an ate distance at 313.89 cost to a petat beatlag sl0'25'33.11 tees tar tenter of tae el=els of Said sures# theses laavial Said Swseb4rl7 Right at May Line and the ace of said cucvo cum S20'Ig82760 a dlet4aeo at 40.22 Cast# •taeaa 573.1S'41't a dtstance at 137.11 Casts thanes S74.1314489 a dittaaee at 71.14 tests thence 97S435015•t a distance of 131.19 tests thence 967.18.17.1: a distance at 73.61 Coats theses S63.1701s't a distance 4t 20.24 last to tag 6999aaai4 msteely Lias of Los C4gnty Clectcic Csopecativae Inc.* Right of Mar# teens wer29113949 a diitaaee of $7.02 test to the Nlat of sellisalng. Containing 0.41 aeeaa, Uses of less. 1.14 I t JaaoaaT 13, its/ Ru C0 st"s 111131, 34 66r4LOf,$410f s.Rih ^ Lt"A, stscatn346 Tbas satiate, Pascal 0d 1464, 111111, to •N b4109 9491 •d MARCO 69hC8 11d9T I'vC TT•f00b. •ec@tdtp to tat /tat tb•toet, .. ' t6s@1d*d 111 flat 664% l6. 1al00 1 tatsha 32. 1•K14499a of the 100136 Rococo@ of co lltat C•011%To fiotid•. octal foto /6t21se1•tlr 449911bo4 4e, gotleves CaOad9K0 at W lwttheats "C oula,41its 21 20waal/ 31 same%. aag0 36 4.49 C411348t C•war, flood.. •113/ cosec alw belnc am tet 90ctbot1T Plot sewsst�� @f •/0110434 Notts Ness malt Twomey - Peace a6 oboes as seed 6111%# %asset cros 911.13'Ar9 •laws as recta 31s4 09 Saw iotas" 21 •111 8414 Mc%&9til Plat 9*ead4cT • dtal0@es of 1134.44 saes t0 "0 POINT Of s90fcc954 *d the bo96t11sctot 4get91ae4 rated of Aam11 %bee" Asocial 8494 Itso Bee 841.31'36.1 a Itata04o of 31.37 Casal ehesto 433.34'33'11 • dtotaoe6 at 14.31 legal theme* 813.33.31.1 • dt•u046 of 44.43 ./e*te &%sate sls'34.ir s o distaste as 43.44 teats lh4000 /44.31'14.9 0 d38td040 at 21.16 local those* 431.13.34'9 • .. 4144.696 Of $4.44 Casal usage 404039141.9 a dt•to04a 09 31.10 16411 960440 416.23.43.4 • /1•t*44* of 34.34 fasts t%eata 1111.04041.9 a dtat•wa0 Of 41.44 that/ %head@ 001.03034.9 a a 110%0004 of 44.14 104%0 sae•`&• 614'8•111`4 t dista04e of tads goose sorneirs 4 dtatsmst 04 33.04 toast 4114.@@ 97r22•13'9 a dt@t4119a ad 43.10 local sato*@ 603.16 ies • disaa04a of 31.43 loose $&oats also$$ 3304 0 dtot•at• of 14.34 dealt 9%6 str24e31•w a dtataose at 143.31 seat# tate,s@ ssr33.34.10 • distaste 01 14.14 legal 4a*640 643.36.4741 • 41414046 of 44.14 906%1 tb641em 441924'14.11 a diata04o at 143.44 least afoot• 411'44'44'9 a 418t40so w4 ?3.411 goose t%esee gi3.23'1f1Y • dls%4•46 0f 11.13 teat# tb064a 97r%363701 a 4L#ta04e of 41.31 lease thewet 641'41'3341 • dtatas9e as 00.73 Coote 04411. 941.31.37•! 0 d16td•n0 04 141.31 Cecil "tote 011.431,36'10 a dl•t•wee 44 144.46 lease %aces@ 647'41.44'1 0 /1•awtt of 74.74 tease %&seta 171171111•~ a 118$449* @d 41.41 94421 04044 191`03'13.9 a dt•sasee w4 137.21 taste utade sun3oNow a dtaesmss as 24.01 total wast 936434'114.1 a dtatsose of 162.43 846%1 %b*04@ 911.96.11141 • dt•a4a9e 0l 34.73 loot# thowee 441`39.11.9 a d3•tam@0 01 61.40 goat# themes 431`0443.1 a distase0 at 39.71 100%# usse@ asrtt•itew a dl•2.04o of 31.76 local choose 1121.31'33.1 0 dlat•ata 99 43.31 Coast %&sac* 113.11.33.4 0 dlat•osa of 41.41 Cast# themes 1131'01.41'11 • d16ta04a 0f 43.34 fem %base* 643.34114.1 • distaste at 41.41 Coast %&goes 431.31.13. 0 dt*t44s1 0f 43.41 Coast %beat* 1' sir134.11 a dlstsadi o t 1f.1s coot + %base. 141.31.34.9 a dlst•ad@ as 13.13 Coate theme• 941'31'7%•9 • dtst•wa @d 10.31 84416 t%*ata ■%r33'3646 • 1141.49* 0f 11.13 total theme• 041.33.1409 • distaste 69 33.49 teat• %&*ase 013.34.14.9 e '11oeast* a4 14.17 Cosa# tbtmd* 633.14.43'4 6 Ilotase4 of 11.41 foist) abode• 931'16.41's a 11.1.•49 at 36.93 tool, tmes4s 901'14.13.10 • diaa*.tg of $1.76 teats asset* 043'11.36.1` a 4tst•04* of $4.43 toot# %boot• 413.44'04.9 • diseases of 46.44 844%1 6414491 644.33031.4 0 dt•ee•ta 09 0L74 toot# t11*44e 0.1'39.31'6 • dlstoo4o of 120.1t fest# th*aeg 473'81.41'9 a diet•04a 0t 4L16 doge# 044 94 ••31.34•/ o dietoad* of 93Lt1 Coast tb*mes ■43.34'1/'4 a dietsse@ 09 114.94 goat# those* 971.31.46.4 a dia4.99a t 13.19 tom U0846442.11.33.9 0 dicuo" 0f 147.43 fa@t4 644 41723'43.6 • dt6eaos6 at 131.27 foot$ th*649 60034.14411 0 416taM4 0f 114.40 Coast thessa 6 3443 3 01309 a 4904swt0 09 43.46 feat$ %%*6411 643.47.34.9 s 418%6060 9f 1W6 946%1 "sees 617'1166I60d 0 dt•t4as0 at 101.33 teat# %goose 464431'43.1 a diseases 09 363.16 Casal them4o 941.61'36.6 a 4186.644. 0/ 41.33 lose 't %home@ 683.33.44•$11 6 wc dtae•@ 04 116.49 toot# thews• 332'91.7t'9 h distses@ of 13.496 cost# %%*meg 614141.31.6 0 dlatsode 0f 314.11 tole$ tosses 964.11133$111 a d/oast•* 0t 433.36 loose %benoo a$t•i1.21•e o d18e6646 @C 19.46 Coast %beat@ 03r11.3r1 a 066ta04* of 13.31 fast# tboot@ 936047.91.1 a 116e44te of 394.34 goose %boas• 6411.23.33'1 • Itetsago al 141.41 fest# thence 1048.11.17'1 a distaste of 47.31 tett# %homes ss111a•64'@ a distant. of 4t.71 142.1111" stool 4611 946%4111 f9lht as star Lias at 1.11: 14 111 a 418t4nco of 3113.11 !set# theses losaiq 6614 6116& of Vol L144 goo, 111.31'41911 a dlst•ses of 114.43 test to the C4st4tly Liao at tas 4toteseld too Canner 91ost#14 Co4Pocati9a 110t at way 4s wawa o6 said 99st1 414.44 84r13/31'9 at" Bass t•dl4rly 131.4 of so Liao 6 d96t•64* of 1/41.61 test to the /9141, at sp 9&aiq. C"44141e1 14.111 serosa silts 69 14041 Aw , That tectal, }octal of toad. 13plq to W beg" past of 640160.11 ^A&= SCACs MCT TtCM-0`04116. bog" 0060 p6e1161196917 11e4416Nd 4o colleges Co,ssato •t She •8octhga4% 9*944C Of 480999614 tests*& 31. T -Mie It seauve "'a 34 i••%* C*1114t Cees9T. 8,101146. said terse$ also 609" on w lot "4111 414% beemeacT of Ratc* toots 'trt&q-Cooto of oMw► 00 4.69 Piece woaa rw tt1•ilalrt •30&1 I1,* Nc{h 1141 49 909/ 8,941306 u 444 told MtN1et1TT P1•& beomdogy a diet, •** 611 1338.44 goats use" Seats" 0434 11N rM • 849034136*1 a di*ta64* at 311.116 east# &beets 631.14133.4 • dist•4se of 46.14 coots th444a •13'33436411 0 distance 0f 44.43 94011 16064• 24403443309 a di•taNa of 43.84 tomthe*$@ $Ito ,IS6.6 4 41810440 of 31.14 goes# 0064• 811'9341649 a . 43494440 Of 51.66 state Shoots 811031.1149 a 4141a&s0 at 33.11 ' 1049$ t11464o 834.33'43.8 s Ila{s69a of 34.36 tot{# sass•• 664406167.8 a ties&**. of 67.60 tool# tae&*@ 113.63 34.9 a 4101.690 0l 66.16 coast lattice 916.47467.9 a distance 0f 63.64 9401/ 116r13•lrt 4 41.0,4690 49 33.16 toot# 94044s 671.13433.9 • 4ist469e of 65.1111 feetr tha44e 913914134.4 a dielenca of $4.43 loose 96964* 514.65 53.5 4 414%6640 0s 41.34 casts the 2660341314n 4 distass0 •*f 1tt.19 toot# tato*• 641.33.34.11 • 436%•oso *f 16.46 tse{1 theses 4430300170d a diltsase of 61.74 10.11 Shoots •41.1101401 4 dltta•s0 of 361.44 casts 0*040 $44444444.9 4 d98%4640 of 71.41 fall# tae&4* 99,5413'31.11 • 4901444* at 111.93 test# these. 817433.37'1 a distant. 0s 41.33 tea%# 1111664* 1141.41443.1 4 d1•ta&c0 09 33.71 Com %boots 844439'37.6 m dist•,.* 0f 141.11 east/ those• 039.93'34'11 • distaste as 144.14 94410 %b*•*a 941.41'44'0 • distance of 74.16 [tato &11.69* 836.3144r1 4 410ta&t0 of 44.93 cast# theses 863•430234H 4 dista44* 0f 137.33 toot# %boos• 874.33111.1 a 41l0ta440 at 34.47 teat# ta*see 936454194'9 • dta"a" of 143.43 Coes$ 911414,44 817'46418.1 s 418%6040 of 34.73 coot$ 96.440 8113.35'13.11 a dista6e0 of $1.61 cost$ &boats 137.1416341 • 4141L664* *t $4.71 coast %bass• 631.43613.0 a diatomite 0f 31.76 com thea.• 831'3t•33'1 4 dlet•&s* at 43.34 Cool theses 813.11'23.9 6 414t444* at 41.61 lege$ %bases 817.94'43.11 • diet4see of 43.76 C9et# 111tate 843.36.64.11 0 dlot•69e of 41.44 soots {a*6to 833.33.35.1 4 distaste as 13.11 cost# %6.446 •37.31.34.9 s /9914444 of 113.14 coot, these• 1111.31134.9 • 4911%6444 09 13.11 Coat# th04t9 611.33'74`1 s diata44e of 73.14 Coot 944644 816433.3602 s distaste* of 44.13 casts %46440 1144.15/44.9 s dist•,"• so 33.44 toot 04646•11.34'34'9 6 .dts{•44e as 116.71 toot# t%444* 633.4441'9 • diet•&** at 43.96 foot# &&*"a 831416/4648 6 dls%644* so 74.33 goes$ %bans* 9611.64013.11 6 dtat•69* *9 33.14 cost# %hots• 983194.34.10 a distance of 31.83 east# th064e 811.49.49.9 • d1096ace of 66.84 MI S logo** 846'31.17.9 4 4018%4414141414 43.70 togat swans* 11474;11431.6 s 4141664* as 11.71 ego haste «73'117/111'9 • d98tsac* of 63.16 104{1 t60oc* 464.3/'34.8 6 diets&** 09 133.1% toot tbanco 141.14'348.9 4 494%&446 *s 11•.46 see:# theses 671416/44'11 6 Oto%&res of 13.35 coot$ %hoses 813.1103!09 • 46018444 *t 141.03 c«t the"* 435•33•6rs 4 distant* of 137.37 949%# the "a 446.34.3 4 .9 dlet6ote of 114.44 140%1 thea.. 531413.23.6 4 49414440 *1 63,46 teats Sao&se 943.4144.9 a 4941"14* of 51.36 Imt %beside 611'16'44471 4 distaars as 161.31 sees 91140414 11611.35./3o1 s 4341064/1 09 1.3.76 tool# %beat. 8634�1/5Ni s dtota44e of 41.53 fast 464044 1143433434.11 • 4601&444 of 111.69 state %b4440 83ressir11 a 4te&4&"e of 11.46 cost th4644 814443431•s s 4381464* at 346.35 test# theate 11411191111330 04 4 d90t4se0 of 433.16 state these. 051'1$431.11 • 466046** *f 66.46 tests Shasta 833.3343rY 9 Slst&&41s of 13.13 loose theme$ 414.91'81.0 • di•%tass 09 145.31 940%1 theals 1136.33'33.11 • d96144to 0f 141.83 140%1 those. et9496111111 4 disease• of 63.33 464%1 %seas. 443116'34011 • dtateag• of 41.11 r� • 0. geo%e these• t•3.34'33•g a 4toaaate of 11.%$ (fell thew•• 61l•11.14'r s "11.311.35.1g of 111.41 Coate &%got@ i4l•6s•431M 4 /latest• as 41.70 feeds 964040 93Ms1.61.11 a Ilat"ce of llf.pl feet)1 shots• i0t'17'41•9 a disease@ .f 11.31 deo%t %hest• S1/•33 -43•V a d6lasat6 ft 311.40 lfaas sa•atf ia1.16.17.6 . 416to644 @t 143.15 teats t&4ed6 017.1!'46'4 • e#aso64e sl 111.11 ISOt1 themes, /64034.34.9 a 41•140tf of 114.16 geese 90,4040333.31011.9 s 416960411 of 14S.34 104t1 46.64. 921.01'31.9 a dlsl1s46 at 141.21 toots these• 6U•13034.6 a 49018mco a9 137.43. toast Chaste 13803/•34.9 a distaste at 133.51 leets 964040 911.33.1%'9 a 4144.446 of 13.73 legal %hest• 541.11.43.9 a dseconds as 134.41 facts ta4edf 911'35'33•w a dlftawe• of 137.71• go war theses, 933.33044.9 a distaste of $1.41 teats theatf 314.1103).9 a distaste s/ 146.41 tests %31.04. 565.39.31.9 a d&@%&ace a9 131.71 costs tbfsee 0•riviet a dtatseAs ec 343.43 • accts t1�•ace 974.33'34.9 a distaste 09 144.34 legal %hest• •73.31.41.9 4 distance of 145.21 tests ta4064 944.13.12-t a 41.94690 of 314.31 tests th4ede 134'41'14.9 a 41696ac• at 141.39 leets 96464. 132'{3'31.9 & dl•ease4 of 134.17 legal 0.8,6.46 919.13.25.9 a 41694644 •9 14.41 1.491 t►fggs 1113.35'31'* a I'll t6044 Of 313.46 (cost 9b6644 011.19.31.0 a distance Of 3,4.17 seats the 040 /71.5/•13.11 a 414940e• of $3.13 f4pce4 96*044 ■41.35.36.0 % diseases of $6.54 9.091 t►s64f 143'47021.0 a 1119044• of 33.34 9141# these• 043.41.14.4 a diseases of 41.47 100%1 those• /34'47'34'4 a distaste of $0.15 coats %heat• 076.1�1 •33.11 a distance 41 69.16 coots 964040 111.33'11.9 a 114 C,o of 11.14 lease %s4as• 183•43'3106 a Itstssef •1 157.71 tests 960044 611.31.51.9 a dtataode of 111.37 9.691 ghosts e7t•s/03/•S 4 dlaea444 at 62.71 goat ugetf b76 4333-t a d1o%ance of 11.11 toot# 444046 ■31.013.9 4 dl&tsece of 43.44 toot# shos4• 031.34'33.9 4 disasst• s9 136.95 goods th4at4 s0/'11035•t 4 diseases of 13.11 (40%# t&•ago 00{•91.41.11 a 1184604@ ac $1.11 coati Usees 9140S404009 a distaste of 3113.16 feat to as latelof4tlem with 04 wasseeir slag, of W Lee ce"Sy slootfle Cotr4tatle• 144., Sigh% Of Mar 44 eNg,e M 4190004814 Slat of sails 606611 sale tv0say-fw41 twsee 0e3-31.31-11 age" .old 0e6t0tlr Sllat •C May limo a 4189444• fc 3113.96 9009 as s% lateroostles with too S•tehdtty Lla• of sferso&14 Lae Caesar 914c+r94 Co4p4lative ia4.. S/l%% 49 Mar Of 464ea en al@reaa14 ' plot of agree 11066b hia twos% •mel %&*"a 1160'5411M0 alas! ' load 11•.th•glr silt 69 ray Lime a dlst9nc4 09 164.39 fes!# lased• la6vt4t 1094 sweahftly it ag at war "&• 4114061.36.11 o diseases of 41 se tf•t1 {beat• Plevi'1Mn s ditaaa6/ at 73-34 tests chest• peri/'i" a distance dC 23.14 coati tboaco 0{4.33'3/•11 s distaste 08, 11.62 goals thence 0/1.34'll'a & 4311ismee a1 $1.63 efser 9%4490 109'44.00-t 4 49998860 dl 74-23 tests &b•ase 11112.13037 -df 4 4969844• at 143.35 left/ 00646 891.30047.11 a d949444• a1 11.06 coast those• ■/9.34'13'11 a distaste 49 93.11 9-@tl %boast 111.32.36.11 a 19896-344 of 13.13 local Skeete 506019012*9 a 4/41980416 49 111.52 14099 ts4440 n'6.130S3•r a dsstaaes 09 113.11 Coots 9114014. 1111.36'•1;`a 0 a 4t•dsM• o9 129.43 9.491 lb•nc• 114M31.3/ -w 4 11119•.4• •9 3a.32 (*at to agetessld lg,rth Lt.. -3C 11-49/40, 31 444 ■6[1310911 /lea 8e4044ry ft notes 10aca 0611. tweeey-foes• sold votes 6449% 01/1'93'03.1 a d6oasoce of 1114.35 goat (tad 464 Meftassaa 401f Mf fl cold age%&" 31# ah6Mf /a1-IS'•ru alamj sold L144 s 4160.4240 of 1161.75 9**% to tag, 6Ngtb 1/4 corset of 4lfr0s6l4 $04t9fs 311 aMsc• 1{3.13'13 -Is step tag, Mettle Lima of 1034 Settle* 21 404 0•fabelly 11.6 Sstatsor of Martel /•440 6s1% 2ti46c1-r@se s 118e1ed0 319 /1344 fees, so %b4 tom eo2laelq. Costa get" 231.35 Self@* ate• o8, loss duo last calt81M 2•rcel 49 3444* let 10 and MlM pact 419 at@cea411 MAKO 69AC13 ail T11911111-1`0910 be *1 aeea 10e14,14614cly 14861110414 as bledwes Cf01sesee as &be /4I&b?aft 4g,48•c at Bottles 33. !•nasal/ $1 Sovsh. %464. 26 9449 t C/311ee Cetatr. p9sr9ds. @aid sef-3a4 4140 being s0 oCfr08oi4 Mtt310ely plot sesmdsry at 14.9-3 /01e1A sets Twealy- cg,•r* 4,1140146 sea 6SMS6'16.6 &100* said slag • disposed at a 13.31 9444 is the PONT 9r siC16411C •1 041 becala9lt•s ds&sslb04 postal ad left/! 464046 ees%90-36 SIM3S'3M9 a a9S&aae• 49 2SS.40 tett t4 its intersecting vith %b• weatelly Rllat 4f Lima 09 State 1141841 II4'4 2S1 410 ebdwa 06 8994 rlatg &%eggs tea fem %tett• 111444447.11 a distaff@ of 63.13 1.911 64,4044 131.314191+1 6 41.14*49 of 66.49 1••4,/ th6449 4aM34411w a @141444• of 61.311 ts4440 43541543344 0 126&844@ of 44.41 }4961 &*#tea 114643*4ss4■ 4 466164144 at 43.131 %teat@ 116.46435.4 4 411981041. 411 73.11 100tf theses 1140sPWit a 411814660 of 31.11 t9091 •6004@ 1114446.34.11 6 49416046 81'66.31 feet# &***to 149481411411 a 49094040 st 111.41109 tr 111.33433•■ 6 . 41694ses *t 7@.113 t@ett Meat. 111r511 a 414,164,44, of 66.39 too%1 11696414 415434466411 a dtat/w46 of 316.14 steel 464049 ■11.89'41.16 a 46261649 of 11.44 tests ta•409 1161.33435•■ a , I#etamta of $4.44 tee&# %meet• 463431'414.1 a dlsta6se 01 51.41 #Sets 604048 str39.4d411 a 411sae40 al 61.7s $sell utas• 151.31436.1 a dtat6a48 of $1.13 Coats these# 1144434066.1 6 r 4121404. 09 41.11 test to 6 poles *1 laesteactloo mita 416• 410941414 "tt"917 641ht-4949a1 U" at state 6o6d ■e. 934 8.44 /elms at lat9faecsloo N tq on too Oct et tors aforesaid Circular evf99 4864490 M a" 809"g6ae 689109 a califs of 3531.16 Cede 6M6oatlq 864/8131 41343643&411d, d1•a6m@9 98 3531.14 loss from the 4941161, at baa steel* *C laid e4fee@ 166446 •afthveo%49170 ago" tate aft of 0414 Mt9a4 61#00101 a toasts& *wets at lY&:'13* as aft dtotagfe of N7.34 lest to tae rom of 4.11e01q. CMtvala1 16436 acts*# sof* of some. f.o%$ thoste 44)•34')7.4 • distance of 11:31 toot$ tha•4• 413.13•li•ts • 4latest@ as 141.44 foot$ these* eal•$4.4e•r • 4letasc4 at 43.74 tests %hoace 414.81.43.4 • distaste at 114.91 414'31' 41.4 a slit •c 3••t •314.14 te'.t/ tthe•e• 934449 I •rc• 414tascs of )7.{1 tests these• 844.94.14.14 a 4lat6496 at 33.44 t.•�r �sh�sca 814.31.41.0 a distance 09 31.41 toast %hast• 411 4t 31 Y a dtetsK4 at 34.1{ Jesse these• 811.11'84•W a Allet•sc• 09 41.34 (late %haat• 831.18'44.0 a 4loteaes of 41.45. f.etl thew• 833.41•.13.10 a distance *1 41.11 feats tha•e. 411.48134.0 a distaste *C 31.48 go*ll those• 833.33944•v . 41•%.•44 at 44.41 toe% t* the 0•0118 4r 4cC1MN1YC at the peace% ago 1as4 batal441%*t 4ae4tiha1t 4l %&coca 144.34•f9.a distant* of 31.11 tests %basso 413.11'14w& 41m&ane4 al 13.41 lass$ those• 9 311.33.14. a distance sl 11.34 Coast &haste 479.41.41.4 a r d1414sto 4f 41.71 9.490 %60490 473.34'14.9 4 distance at 34.44 caste tbo444 431.14.4!•9 a distance 41 74.93 close thesto 411.44.33.9 a distant• 4g 1g.37 last tb*nea 911043.33.5 a 41414490 of 44.43 feast 160444 411.34.11.9 a distance *1 {1.11 (tet 2 6an44 437.13.44•& 4 distance at 43.74 teat$ tho440 9433•)7.4 a distends 01 44.31 feat' %bans• •11.34.44.4 a alstan*e at 41.41 goes %%#"a 47!•11.74.9 a dlstaace *c 41.11 Ieste $brise 61 PIMP& a dtmt4sto 09 74.93 coot, thrid• 133.8.33.8 a 4141.440 at 73.19 caster 16.040 ■38.130)8.8 0 • deo safe at 71.43 (mete those• U38041.31.9 a diesel** of $1.14 lest $basso M31•l{•lies a distance at 71.63 (•all 4114A14041et•ssa� t 3f.31ofoo" thonca1 .4ii4 49•tl6aestnddistance at3141.4i • (eat a &%a hist as 4411401", C0044114/41 3.33 "test note at Isms. ' •' . _ s+�soA�t u. 1114 JQ1V lira10: Cut, 39YtL4rst,ft AA9A LtCAt OuCilpT10n That Cotta's pages' 6' 1.41, 17141 14 444 basal part Of MARCO • uCi 11111T 0sY,9Tt,9. according to tike plea taersmcr as •.forged is Flet 1«t 6. Fegae 111 threagh 111, 14e1se1ve of the Public 0eeecda of Cellloc C0/06eT. flocide. 4•tag sees particularly described as tollewsa Cossea4o as the 914t•sliamp '4lecesetles of Fwfala4d Coats •4d flat• MM N.93 (coat'1n44) as she,* •n alt plot of A UFLAT Of RAACO 41"Cs UNIT ftrTec9, at64fd'og to the Flat thereof, as foeofds4 Is Flat Mot Be 1".45 of ate Fsblls 646ogdo of Collier Cevdet7# flocidel atone eve, 035.01.11•! along @aid ceatefll4e of 1%a%@ 6tae4 04. 13 • dlala044 at 111.14 steal 0•440 134.34.44.9 a distance •1 30:10 lamp% tme the 11tothecl1 011.1, of may Lose of sate 01410 0484 110. 11. 844 the polo% at asovatefe of • elecelec serve Cassava S• Ys 11agthaa4f sm"149 • 184190 a9 3531.16 Casts thence code farthosesselrr 440" the tee at $old 6afve %►1100111 • sessttl • • esf l• dl 80 499 41494440 of 31L43 lest to tamp POINT Of a44ie9'Ii of Ymp fNfmp144ft4f dagtglae4 pages& ad Isedl %heater loovl4q @414 llag%a4931 •C1h4 at 941 Line at [case seed 9e. 11 ran 1131.44 61's • 4184444• os 54.66 Costs thews• 944'04.43'=a /141adese of 13.17 holt theses $74.46017.9 • 414ta468 of 43.31 Seel' tb4.4o 956.54.51'1, a dtatas6a of 47.11 90.10 tAe%Cs 313.5!•53.9 • distance as 66.44 costs thence 064.33.45.9 • 4l@ltaso of 19.70 940%1 %%gate 935.41016'9 a dtolsoce ad 14.31 [tett chests 1171.41.19.9 a distance of •1.15 goals %hone• 1111.31.13.9 • distaste of 73.44 smelt tbeate 960.41'11.9 a dt•t4449 49 61.63 900%1 theses 911.13.34.9 4 distance of 17.13 does# these. 916.41.47'9 • 41414ace of 90.61 soots thence 1149,13.16.9 a d14ta•ce of 65.11 (sell thews• 973.43.11'• a • 4141e•tmp •c 11.16 Rests %%este ■17•]1.131[ a distaff• of 11.70 110%8 themes 967.47'34'9 4 d'@tascs ad 161.63 seats thence 011.01.41•9 a distance of 54.53 coot/ eaeaee 916.51.41.9 a 11 Islands 49 94.33 tests theses 911•li•33.9 a dts184es as 71.91 toot$ thease 935134.5749 a distaste cc 67.43 taste thesee 1171.31.33.9 a 4101@640 of 63.47 lestf thews• 911.36.11.9 a ^ d'•toote of 66.65 $@Ott theate 070.39'36.9 a distance of 51.51 90.11 c111001441 903.33'13'9 • distance al 143.64 lest, thence 911'36136.9 • distaste of 36.35 legal the01ce 011.36'31.9 • 415%4490 of 41.10 Coati t11100160 074.63.17.1, a dtst•see oC' 31.16 toes$ thews• 964.61.44.9 • 4641ascmp of 151.11 gees# the4 ff1•I1'3l's • Itota4sa es 11.16 Isetf %hays• 911•]0'65.9 • distaste as 41.10 tests thmpace 942.36.61.9 • distance of 11.63 toast sheat• 1171.36.41.9 • distaste ad 57.13 lost# thence 1146.33'11.9 a distance at &1.41 l00%# 1a@4c0 /11.51'41.1, a 414%80160 019 11.65 40411 104.ta 915.41'43'9 • dilemmas of 71.14 amp%$ thswa 061.73431.9 • 4'lessa60 ae 65.14 steel %hoose 0l 1.41.3019 4 d/91,1144• of 1:.13 lett thence 041.11.01'9 a 41@11..9• ac 136.13 geese thefts 036.63.31.9 a distance mpg 40.17 femptl 111.44• 011'11.33'1$a .33' a 4rslames cc 43.0S tests theme• 353.3t•la'9 a dlet44ca 49 11.01 tee%# those 011.33.37.10 a 4l411,44se of 13.57 90ot9 usage 3t1.35.50•s • diete.te al 51.36 [set$ shes4a 161.33•!6.10 • 410%6494 of $6.16 gest$ them9e 111,1.41.04.11 a 4letadece 09 17.01 goats theses. 911.00.31•' a 4/41•.4• of 91.31 leer$ thaster 153.33.45'9a distance of 46.50 'tett then"• 1114.31.31.11 a di•tas4mp of 46.46 toots these• • 113.31'11.1,1 a distance 41 41.13 taste tb•01te 9S3•il'31.10 • dl0tas%sa 09 51.61 16001 shells• 333.13113.11 • distaste Of 53.33 faear dress. 031'45'15.10 • dlalast0 •1 41.41 gees$ %sent• 010.56.31.9 a 46494ssmp of 40.01 floct lassoo ■18175.41'. a distance Of 15.51 coast Choose 931.34116.10 • diseases at 64.91 leaf# 94.440 X845.31049.9 a distance of 15.13 gases those• ■51.111031•' a distance of 11.31 fest, %.est• e76.14•S7•w o dls%a01s0 a' 45.03 960%1 tht4c0 012.36.03.10 a dleteace of 13.04 EXHIB J3XUAMI 17. 1111 IIAMIlttl SAT SOLTElhA1Lt OMLOPOIXT AAU UCAL SUC1IPT1011 T*at tassel 3804 17Iw4 IN aa/ N lq ►ata of A IMAT OT • IOITtOM 91 ■h KN 99AC5 WORT !911th according to the Piot tb4et9l as 04 441sd9d 16 flat 600% t. Page 43 at tat hnllc 8tcoe4S at- Gillet C4tnt1. 1`1.414. 864 et SA6C0 41tad MT rlrTZC1e. accotdlag to the Plat uttett as toed/d04 in Plat 8*01. 4. Petri 1St tbleege 111. Inclt6l90 at the hells S44otds 0t C41114c CovasT. flestda. bolo's acts ►ettlsV1e437 d4644110414 64 4.11•.44 C06441446 at the 44a9@tlla0 1e94teoctte4 4f recused Covet 844 State 1044 two ft (948114we41 28 @hoes 04 8814 Plat et 1 ka#LIT 01 4 11411081 O0 ILASCO OCACS Intl 0t17Cta# Na&4o few /3S•11'lr11 sic" 0414 saat6tllai 0t state 5081 546 12 a distance at 144.16 90491 thews• 131'34046'11 • dlets•c4 0f $1.40 tots to tan 18ttha44%Iel light of 114 Liao 8t 8411 State wad 818. 11. sal gas retry 47 6948611854 all tat htcelaaftet deoSetbod Pascal et 14640 8464 Pelts •lot being 940 Point of teetsttea of a 619c9181 . 4ttt40 cootaee 01e9te96414111 hoelag a tadl9e of 1131.14 least %meats ova s"tAssolaely steel the 644 99.4414 464.8 theayTa a 4801141 awtle at 31'77.33' so aft 41414&40 ad 813.43 least %heat• 104.609 0094 804 Ueea98tlr 5111it a9 Way Lite aa4 Ott at told cOteS, tee S73.38011.10 a disteato e1 31.19 toots Shoat* Stt'sf'31•r 0 4181,01146 at 41.30 leets tea4109 571.34049.11 4 41898446 at 40.64 toots tht644 111.07186'11 a distance 49 43.03 toast shoots 1163.73111"10 a distaste as 31.31 legal those* 3116.0105111F 4 distance 09'11.67 testa the&4e X36.13.13.11 s distance 09 1=43 tool %stews• X16125431011 a dtssawcs at 37.13 #Seta %bases x44034'34011 a dletsoco at 31.33 94891 thence 1136.31'04.01 4 d1498wte it 37.40 904191 shoots 117116.14.11 a 4114984416 of 33.77 94991 aheaso sil424034011 a dielaaeo 09 41.37 Roto thcate S41.16133s11 1 distance of 16.31 lest. thoaco 4143'11'41.11'4 d3stoode of 11.19 Elect 0face 137.31'66.11 a distends at 11.66 East# %heat• 837'35149.11 a distance of 43.41 1144111 tike^*• S43.23/30 9 • dleteaco at $3.19 loose thence 4111.11.41.11 a distance e9 31.10 legal theace 147.14133.11 a dlatseco at 63.36 toots themes 161.46133'11 a d9assecc o/ 63.73 goals 181104141• 173144133.11 a 4114s4aso 0f 67.39 fleas 9heade 873.11'43.11 a dlt9awco of 19.13 sows &hawse S74.33'31.11 a distance of 61.%1 coast thomct S37.1663618 a distance o9 13.65 Coots %haat• 113.31.41.9 a dist,0ace of 41.76 feast shoat* 133.31.31.1 o dlatamts o9 16.71 toot# %boat@ 143.11136.9 S 49894044 at 31.13 toast tbo*Ce 543.41'94.9 6 distance of 49.35 Coat themes 11141104101 a distaste of $9.33 Coots %hest• 4117933113.9 a distant• *1 143.37• sem skeane 141.13141'9 a 411418446 of 10.17 Eggs# thence 131.410:0.9 • distance o9 11.11 trot# taoato 141.49'10.9 0 41es41049 of 13.14 loots &heat# e 131.3111909 • 41894044 of 64.:} toot# those* 143.54'34.9 a 418tsase ad 63.31 Coca# shows• ►,1.19.31.0 a dtesoaco 09 16.18 coast 9114"s 854033631.1 4 /0814448 01 63.91 toots tosses 819.19031.9 a 41998eds 0f 35.41 9ee11 th4nco 111.31134.11 s 0181.444 01 31.73 80491 tboe*9 1131.14144111 a 418944ce 4t $1.6% Cost se1046611*0 a 41498448 at 93.33 toots thaws• 4166.14182.11 a distant• 01 $1.14 lease Shoots 514.11.31.9 a 49818sce 4t 65.73 910.4 96.04•'110'37'53.9 4 4tslaimte al 73.44 Coots thoste 211, 1139.2 a dleseatt of 16.73 goals tbsnt41 S31•ts'43•t a ® dtelsst4 01 67.41 lease theme. 533.96.10. a distance no 60.49 toga9 s shoots 133.33'67.9 8 distance of 311.13 toots shoat• $31.9:047.9 a d&$test• of 111.14 local shoat• 533.65.11.9 a dleteaso of 76.31 facts thence S:3.41.331t a 41184snce of 73.61 Cast$ •8110.41. 811.3301409 4 41814ace at 61.36 toots thtaee 814.41.91.9 8 41alsoao 01 15.66 total these• S34•46'3L•t a 411898444 •1 49.93 coots shoot• S130336810t s distaste of 49.69 toot# thence 598043.34.9 o distaste 0t 64.4L tests &None• 084.33061.11 0 4199404• 8d 73.79 tests these. 646.99.47.11 0 4909404. 19 39.44 0489/ tboaco X31•410601 a distaste et 31.43 • goose eh:w41 1111.34.41.30 a 11818440 of &9.34 goat# thews• 30)3 ll - 13 r s distaste Og 19.11 lasts %hest• 11134.84•I6'r a dlatawse Of 11.1% leets tho64a 1113.31.16.30 a 41Costs of 110.11 lest, Sheaves Me1.11.slow a 44 84 .14$ of 14.33 test# Choses ■11•)1.74'■ a diseases of 11.41 (oats Skoog• 3013•g1'4)'2 t .91301.046 of 34.34 coat# 912.11.14.9 a dlata44e of )1.11 test# IA40we 533033.11.6 a 419184te of 34.11 cast) %&este M31•1)•)4'r a .914%4440 Of 11.11 lest# 911.114. 1131.3144'30 a dl4tawee of 13.11 coat# shoats 1011.11013.30 a distaste at 11.17 •set# themes 1111.470))•30 a distaste ad 11.11 toot# tbew9g WS1.11.14.30 a dioceses 19 3).11 coast sheat• 3037.31•)1.30 a dlatamee at 14.91 cost# thaws• 1117.31913.30 a d4ssasc• of 111.33 least thews• 1041.14039.30 a 411114644 Of 11.14 toot# sheat• 3033.31.41.30 a d14ta4te at 13.31 coast theat• 1139.3L•18.30 • 4911,e6cs 09 43.31 14018 tba449 3011.31.11.30 a dlesset• et 71.34 goats %meat• 1113.41'33'30 a 41lstsate 1t 11.14 leets %&sate 3043.91.31.30 a drat -We CC 332.34 taett ahease 304l*34.3t•30 a dlstawe• lel 41.43 94444 #homes 3044.17.33•30 a die%ass• at 41.47 tests themes 1111.31131.30 a distaste 19 41.19 toots %&ease 3071.43041.30 4 diseases at 13.11 909tt 11141144 531.31.31.30 a dl8tame• 1f 11.61 lasts Cheat• 3041.31's4.18 0 dlstam4a of 71.11 dealt %11.040 •33.1!'13.30 a dtOS444e 199 41.13 least ahewte 3043.14131'30 a 4111%4694 1f 11.11 9aeca sh•we• 993.41.13.30 a dietamse at 14.23 fest %best• 3011.14.31.11 a dllts&41 $I 91.te t••se tbg11ge 3011•t343t•r 11 dt"8441 et 71.11 C64%0 t\sat• 301)'31'31.30 4 41ta1s�4• lst {3.11 98.44 &belle• 533.1112400 4 4111aOee at 96.41 flet tsomtl 931.31.44.8 a d1816248 at 34.41 toot# %&else• 1113•)411.8 1 4L1114141 09 141.11 Cagle ta•see 3011.43016.30 a d1818g44 lst 41.93 feet# %home• 3016931.31'18 1 dta%4444 of 46.11 908%1 P Shasta 3011.2131.11 a dtetsats at 11.94 teed %as4/e 3033.13013.6 a 491tao4• of 11.1g feat# %b••.e 3041.37.13'9 a distaste 41 11.11 toast &hese• RIMS11109 a 49114446 1t {1.41 9.411 t64490.991.4347749 0 4161144140 at 34.13 taste %.sago 3031.11'31.9 Al 119%4444 1t 31.64 toast thews• 3011.34137.9 a 4110%4440 1t 47.34 teed thews• N381164 WIN a 414%404.09 $1.44 legal thest6 3034031.17.18 4 dletasee e9 61.13 gest# %bases 1113.31011.30 a eleta44le el 14.73 test, themes 3044.31.94.30 6 498%4490 at 17.33 tee%# thewtl ■11'31'e3•30 a distaste 1t 4e.e4 "'i esti %hg wee 111915401309 a 4888aa4• of 73.;4 legal themes 34.0 .01*9 a distaste of 14.41 t00%$ %11.114• xlr3s•))•30 a .9Lessees 1C 16.96 toast Ib•ate 3016.71.31.11 a 41124044 at 31.41 loose ehtmta ■13.31.11.18 a distaste 1t 63.34 tests these• 3031.11411.30 0 dtttsoce of 44.41 text# ahtad• 936.31011.11 0 1994%,0404. 09 116.71 toe%$ thtate 3036.11.2e'r a distance et 11.17 toot? %%t*go ■71•39.43.1 a disla40te of 17.91 test# %hems• 3043.31.11.30 a dtataste Ot 41.11 tee%# e&eoe• 1144411033.30 a 411444440 Of 38.31 946%1 0464/ 933.49.24.18 a 41t4%4401/ 1C 22L.47 lest# 16.69. 3011'94'44'11 6 dtataa49 89 3)1.11 sae% to a vt40% of lat414441,109 Vita W 9/ts&ve4t ►eesd•ty 1180 1l Lag to 81lscW 977 "1414164414 #4agee 8444% 911&% t9stOodo geld petal •101 hole/ 04 tag 6ttab4asteely 9t61. 419 30430 Llai e4 CoN14a4 set&•e as above as 1414 past# %&tics 11ri4•1&•Y alsq hold ttechesetetly 1411sa.el 3081 L/at of Ct•d1464 30416•. 0 4118944044 of 187.81 Cell tO tae •4148 49 cltvateg0 et a tletlslaa setts. classes els the 846% baatoq 0 rat/V• Of 148.89 goes# "**go 40414v60c6e17e )t304h•t1l amd sovabtast4c3steel N4 alto 04 $414 eve.o theevlh a semtgai :ogle at WWII- 116 ata d&lsssoco of 397.83 cast# waw. leavtol •464 Iuoas 19 304 Ll40• else sul•33•)3e9 a 411/114144/ ort 84.49 Lest# shoot. 904414.14ls dtatas1919 09 19.67 tee%# 0"44 89r74'/r9 4 4118806191 69 37.11 geese th19nels M4!•94•33es a dalssaaal 194 43.13 t••%# 8&41164119 8111.93•34.8 a dt11t0641a at OZ.68 data# 66440190 87a43944•t 4 dtlsaadl 09 15.81 leas th196411 641.21011.9 a dissamoo ad 19.3t list# tb4ego 8340290 low o dieta44/ of 31.16 toast oboes• $39.11.1408 a d9111.641 at 39.73 toots %boate 833.18036.30 a d&scoade of 44.11 9.141 11e1690 884'31.33.10 a dtetaatls at 71.11 eels%# 4111190541 443.44'37'9 a dtota4ae at 16.31 94ate 96.440 841473071'6 a daessoce gg.46.41 eget# Itsma9/ S49942114689 a distaste at 71.14 10th saaa19ls 234'31419.9 0 411%44041 19 131.49 Caetf Alsoace 473.11.86•$ a 414tasss 1t d6.0 test# Wheat• 897.41.19.8 a dtatoode at 16.79 toots ales.• 687.74436430 a 4148a4640 of 43.11 tees# thlogo 239.19031.11 a 4116%40190 lst 41.11 Leet# t1sOa191 884.37.71.30 a dietaaco 19 31.99 cost# Shasta 281439933•$ a d&s8484O ad 11.47 gee%# %hewte 918.944390$ a d&•taa191 eg 63.33 g•1%# W ssico $1&•17.33.9 w 0 1: JANVAII 13, 1111 c10061.Aa11 AA S t 1A 6Snto/o4AT AAAA t$C4A, fuclirtioe A faggot At 1.44. 111o1 to om4 tetag art of the Plat 49 tA4C0 9$AC0 UNty 61279cts. 4ceGgdtel %G 13+• Ptat theg.ot as rscsl4ed to Plot 60411 6. Pages Ill tbteelb 116 at sae #'obtle Ades/ds of C411116r caOAty, PIG9144, SPA Pato 0t the Pias et AAAC0 atACS UNIT n VT7. occogd1al to the Plat tbogset so cetecde4 In list $64% 6- A. Pogo@ 16•A %11941111% 11.4 09 %hs Poblle lecogde Of Ce111er Cae617. 1`1491144, bet4g move P644t4ctagly d44egthe4 as tots•+e1 JCC70 at the 1149904444 cef9Gf 9t seeales 34. leveship 51 2911A, 16641 16 tact, Calltee caeaty► floolds, osld terser being 44 tike $61terly Plot beewdary 49 49ato•atd matte else% 11Ala $11teems thont6 res 4910;1 said tastsgly Plat bovedscy 601.26.43-C a dlota444 of ft1.11 Casts tt49ses leaving said taotecly Plat beew4G#y 663033'l1'M o 4/stoats of $11.30 toot is eo latocase%lsa 494th %be Ce*t ellT Plat 6646/4/1 G1 8014 0414 $1116041 %&sage ala 1414 sawshs11y Plat Mewdary gee 013.3$'31.10 a distance at 11.61 foss# taoseG 14941111 4414 $49ct40tly Plat beva4acy took 141.431410* a distaste of 443.13 toots themes 627.37'43-9 a die/lade of MA? 10411 %40444 573.12'11*9 a distance Gt 14.11 toots %b9A44 01/•13'll•i a 4161401ce of 33.11 tests ah.okee 4//•44'1109 o dlatomee 61 16.63 teeahe4te 934'tl'31•t s distant• se 16.31 tests theses $71.41' /'i • dt6asmc6 SV;C Issas &somas $73014.411$ a dletoo4e of 144.16 frets th.m40 143044'44.9 a dlstoaes of 131.64 toots %heats 601.11934-e s dlstooes GI !07.13 testi thence $srovir11 G dls%smto at 37.13 Costs %hooeG 949•22.34.11 o distance of 11.16 tests thence 911.41.69.11 a distance o1 37.61 Cset$ thews• 614'56016'e a dlsts" s 9C 33.34 Costs thence 671.43.34•Y a distance GC 34.16 lost# %hsago 063.12039.9 a distance of 33.34 Costs thence 076.41'37'9 a dlotowcs of 37.41 fest# thence 1177.24.47'10 4 dlo%as40 at 37.13 94411 %hoses 067.21039'9 a distance 49 12.11 '00,4 "'T's ■43.27.13.9 s distance GC 33.14 900%1 theme@ 653•/7'36.9 a dlstoace ILC 20.56 lest# %bsacG 643.44.11.10 a dtotenCe 09 31.15 test# Wme* 11341-31.54•Ir a 4189aace at 111.44 toss u as iaur40saies MISS 00 $4*2haCly t174a at ray Liao Gt $tats 0444 Its. 13•A 11960 vl44 tight GC W471 as 8bOws Gm asecom4ld VIGIL 09 •star• assets Vale. Twessys thence can all calloe1m1 esor9G0 atoms 9414 64etbs917 3/169 Gt 947 1146, 9/3'13.4] t a dlotaafe os 1$6.$4 cost to a rest et gMgsaaa/6 of a f/r471se edevee semeeve to W 04964/49804 ani Metas a ge4two 69 346.31 $tett 9aesee saMILh49G04041r sto" %so art et 9414 cease %1hgaM1► a coastal asst• e9 43.34 34• so see atsaeaeo GC 310.11 f00% W the WAS 419 9449/64947/ 0404e SIM7.61•9 0 dISS46449 61 176.11 1604 to ILbe :46IL9rIT PIGS b49Ma44gy 96 steless14 Sage • 9e4e6 11614 Clatses. 6411 iso bow"46y th 414* betel e ugasssy line *i ssetioo 13 98 sroreaatd Towaship 31 44949th, ua1G 3$ Lasa• Cellist cae49tT, /1061109 %beets SSS02404316 41604 sold 644%0/13F Plot beeo44r7 AM 9eette o 11as a 41o%aads et 1313.17 tool; to 9be h/AIL as 601Iea/a*. C49wtalaial 13.43 aef49G, sets o4 loss. EXHIBIT C distsnss at 111:11 tests %base• s/7.41.34.2, • dist.«• 0s 11.44 Costs 041046 1111.13.11'1 a distaste* at S1.14 spell theses 211.11.31.1 s distance 6t 141.1% state tb4h9e 1114.31.67.9 • dldtadse of 11.31 tests S114240 1112'34'37'9 a dtatao4o of 31.11 casts %heats 1141.14.1419 6 4961.014* as 16.14 costs theme* 04/111.14111 a distance et 61.$a Loess theme* 043.44.67.1 • distaste 4f 19.13 coats %bests 8,11444,1111V a distends *t 11.77 teats t&dad6 016.11.41.1 s distance at 71.14 toot# losses 813.31041.1 4 410%4040 41 11.77 tests %best* 041.41.41•• a distaste 4t 14.11 too 41 t&oa4o ■13.11043.1 a distaa4a *t 44.41 taste Shoots 447.14.19•%1 a distaste 0s 141.16 Idol# &&414t• 016443011.9 a distaste at 41.31 casts lb4st0 1136.21011'1 a distaste of 11.34 casts &fest• 013.61'31.2, a distant as 13.61 tests theste 041.41.136• 6 dlst6446 0I 31.14 tom tb•n40 033.13.11•% a distaste 4t 41.31 Cacti tbgote 03x-47943.1 a distance *1 41.11 coals 061144 113S*41.11.1 a dtstdsto at 31.11 coats &fees• 914.19011.01 a distance of 91.31 te41%# %heaco at"'33.30" a distance 09 71.47 least %fess• 113-41.1J'1 a dlesan4e 0f 41.43 Call$ tbaste 0464S1917'1 a distend• 6f 94.14 goose ahead* 044.11.44.1 d distance as 41.31 costs these• 031.14.46.0 0 distaste of 41.13 coast %&41see 134.31.14•+ • dldta440 Of 31.17 98.16 Saan40 0111.13.37•10 a dlstaa4a at 49.74 coast asost0 0*1'11'43'a a 4961.040 of 13.46 leges Shane* 061'11051'9 • distaste as 13.14 f4e11 chance esl•44.16•9 • 1/61,404* at I4.fo tees# S&4n4• 1143•45•s4'9 4 tless•.• at $1.4% Coast .&sec• 044.13033*9 % dialseta of $1.13 teats t&e04e 0a4'41•40's a dtasasse at 114.1* Seo% to a Pelts at 109e18e41164 with th690.tb.•dtetly stoat of Nor Liss at alesetau feesi•01d 09L•e. sold cels% 41st bates 6s the o9* of • cfsellat est.• c*as•sdals M the afea•aMaLMN *Vita* **ace" to She 11e9taeeat• %•alas a cosi** •d 344.40 gas%/ th4w40 swow41*t•tir. Oasahadlg •std 0*9ahaaatecii 63*" the •a* at 414/4 419.41, aster»& • casaral 0"1468 46.44'34 40'464 dlosa04* of 141.44 Cast to %&e total 0f %a"04 # tb*•44 4*esaa*l" 616" said bis%% of ret Line tae 031.44.17.9 s distaste at 141.03,Isea t0 the 11eaax4ees .stew *9 Los is of 0441% 430 01 •aid Raft* seat% wait Pigbeosl %&sss• 014031*3•tl ale" W 04411,404611, N60dao 6C said Lea 15 04 *tact 434 * :lot&"* of 351.113 g6*% so a" so"awoos eats*% these*ts us•ste 03Yw4.17'11 stool W *teas be"de,cy *9 amid solus% 474 0 dsas•ato *I 451.14 toes W too •tOfoNat/0.40 110c1aeooe•tsy alt*% Of ray "SO 69 •isat0 bad 0*. 131 Used* S44'1T*43•9 •Leos dela 9M4b0**t*t1� 119401 61 1947 Liao a 41asaad6 *I 131.41 c0et t0 the rtae of dltsvetate at 4 alscalar aM4 rae+* 4••6 to a&e N61a4•e1 West a ledge* 09 1111.93 close Was• 810" 6.14 usbt at 161 Lia* sad Sao ase of sold x666* "peas& • s••er•i 11111* •t 1 16.110190 so age dlsta0do of 131.44 last &a e%• tots% 6C sast*odTI sheat* costla*to Sloss 8694 light of ray gas 1115.41.11.9 a distsete of 31147 toot %* the Point at 4astsolas. 0 0001a1s1" 17.44 0440*. note *4 3400. r GOODLAND MARINA ENTRAHCL IMPROYEMENTS - S:R: 92 LEGAL DESCRIPTION A parcel of land, 66.00 teat in width, lying in KARCO 3EACR UNIT SIXTEEN, according to the plat thereof as recorded in Plat Book 6, Pages 112 through 118, inclusive of the Public Records of Collier County, flocida and MARCO BEACH UNIT TWENTY, according to the plat thereof, as recorded in Plat Book 6-A, pages 16-A through 18-A of the Public Records of Collier County, flocida and lying 33.00 feet each side of, as measured radially and perpendicularly to the folloving described centecline: Commence at the centerline intersection of State Road No. 92 and State Road 92-A as shown on said plat of Marco Beach Unit Tventy; thence alonq.said centerline of State Road No. 92 (a 200' R/W), run S87.41.000W a distance of 983.05 feet; thence leaving said centerline, run S02.191004E a distance of 100.00 feet to the Southerly Right of Nay Line of said State Road 92, said line being common with the Northerly plat boundary of aforesaid Marco Beach Unit Sixteen; thence, along said Southerly Right of Way Line, 100.00 feet South of and parallel to aforesaid centecline of State Road No. 92, run N87.41100'E a distance of 81.94 feet to a point on the acc of a circular curve concave to .-� the Northeast having a radius of 110.00 feet, said point being the POINT of orciuNING of the hereinafter described centecline and bears S81.21'15•W from the center of the circle of said curve=. thence, leaving said Southerly Right of Nay Line, run Southeasterly along the arc of said curve and along said centerline, through a central angle of 100.50'15• an arc distance of 193.59 feet to the Point of Tangency of said curve= thence H7003110009 a distance of 315.00 test to the aforementioned Southerly Right of Way Line of state Road 14o. 92 and the Point 'of Termination of said Centerline Description, said point lies M87.411000C a distance of 442.76 feet from the aforesaid Point of Beginning. Extending or shortening the side lines of said description, so as to intersect with the aforesaid Southerly Right of Way Line of State Road No. 92. Containing 0.77 acres, more or less. �� • ' ,g �1 a�'at' oo• E �83.oS JD 13 56 • co S3Cto I Qi 10.00 b too .6d ts' 'T- 133, p c-4,,' 11 Ste° p3 S3" Alk 0 • LEGAL DESCRIPTION COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 15, (CONCRETE MONUMENT), TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA RUN N 88056'55" W FOR 1465.24 FEET; THENCE N 02029'06" E FOR 694.66 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE S 88058'47" E FOR 1439.23 FEET; THENCE S 00020'25" W FOR 695.29 FEET TO SAID SOUTH QUARTER CORNER, LESS AND EXCEPTING Tt{E WESTERLY 17 FEET OF THE HEREIN DESCRIBED PARCEL OF LAND FOR THE PURPOSE OF ROAD RIGHT-OF-WAY AS SHOWN IN O.R. BOOK 001166, PAGE 001070, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND ALL OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LESS THAT PORTION LYING NORTH AND EAST OF U.S. HIGHWAY 41, COLLIER COUNTY, FLORIDA. 0 IxPROMCI<T CSCRou AchstX= TiM ACRCCNguT.made and entered Into Ln triplicate saeal TNIt oCLTOMA CORPORATtOM, a Oelavage eogpecation; selected to as 'g a st patty', and f9segov Ageatl, cofotrOd to as 'fecead party", and COLLICR COuNTy, a political subdivision at the State of fiorid&, referred to as the 'Gouty'. MSTIt� [f f t:T11 WICACAie rLest fatty has made appllestLem to the County tog the approval of the subdivision plat of unit of Subdivts(ene lerelmafteg C414FCe4 to as the •plat% MRCRCAS. It is suturally 10141e9ateed"1nd agreed by the patties . to this Agceement that this Agteement Is entered late at the direction @f the County fog the porpose of protecting the citiseas at Cellist County and the pecchasers of the 14044 shorn GA the plate her)imaftet the •platted Lends", 1n the event the first pasty falls. to complete tae subdivision improvemests as herolaaftec descelbod, sad to Induce the County to approve the Plat. mat u, the tits Patty has e4pessested to the County that it Intends to complete those lmpcovenents vbiea ace shown on the plat and lacthet Ideatllled on the plans and other documents that vote sabaltted by Rest patty to the County In conjunction with the flat, hereinafter the *Subdivision Imp mroments'. vNCRCAS, the estimated costs to complete the Subdivision imrcevements are sot fectb on C:hlblt 'A' attached hecete, HNCRCAS, It is the pm9943e of the float peaty In lad by this Ageeement to accange and agree with the Second pasty for the eatabLtshment of an @*scow &seems% l0 aeeecdanee vLtli and pveavant to CoLllte county subdivision Regvlatlen&. hectinafter the 'subdivislen Regvl&tlons% and MNItACAS, second Patty has consented to act as Itself.. Alentt NOM, Tm mrc ac. the poettfe wren the eonsLdeeaeLens eaptessed heeeLn, resets@, agree and covenants as follevse 1 1, ow of be(ste the I19teenth (11th) day of evecy •Once, '1st�Paccy flail pay or CANS• to be paid to seeosd ract7 :tie Ices& ceeelpts (coo the sale at the IlAtted Leads, vhlch ee9 cocaLvad by cLest laity ducts* tote pe9vtovs months Icess c9lpts to include all foods oeCALvsd 07 rtcat fatty (fes sates Sall flatted Lands, Including all deposits, piTments on can- xis sAd ethic lueds at evety kind had desettpties 4e91ved In W`47 (cam the sale ec contemplated gals at the platted Lands, (A esceptlA1 1147 lAteg8e9 184e9N44 61 f1R24, ratty to 4017 stallea01t Obligation tahea to Congestion vltb the sale of the ictal Leeds. Ike locend recty shall he acgoeatsbl9 enir les also Actoail7 cecsLved by it and shall sat be chacgsel vith at .epesslble (or collecting any payments that fleet fatty may be filgateel to asks to secea4 fatty betevadec. &11 pestles bold by 'aa1 fatty lA accac464ee With. this lgceeseat ace becelnattat L6cce4 to as the 'Laccoved honing'. 1. tacceve4 Reates may be vltbdcavA by Cleat Party at suck w As the balance at the 4SC9SW acceeaAt 4SCee4s " ameeAL SINAI 1101 49 ohs coat to complete the then laeesplete svbdlvislea jr—sesta, As Is teem time to time established by ficst racty the AatistictieA of roto CauAty. cacceved beAles sal be 24cava by ri;at ratty salt' la accecdasce With the vtltteA 299111 and lAstcuetteas 119 the Cavatre pcevlded, bavevoc, that LeNlvtslest Ispcavese01t4 have been completed accecdlstg to the AM aad speciglcstleas becetatbte 91144 Wlth.Ue cevaty aad A evld4ACIA9 to the County 1,3149 the subdivision ispcovesents I pettiest t31e4ee9 have bees Complete4 AM paid Cas lA full, iftCAL fatty 81411 have the Immediate tight to Wlt34cav all io• act 49 the tattered bentes Ls the aaavAt 6014 Settees: set •facts w 6A4 the CouAty mar set vLUha14 appoaYsl. UcttteA cassent 14stcvetlaas at the County 4e11veted to the second Patty ' scutag 4A4 avtherltlag tits& Patty to vithdcav tscreved as, :►all be CesClsaivi 4Yi4asee aad pceet to second Patty of IL laity's•cLgbt to vlth4tav iota tseeaved nesies so approved aethecited and shall absolve the secead Pscty goes any, 111ty let the celeast 119 cactvved Keats%. d4ition to the languagte in the r.U.(t. document LvLA the County avey the pAtlnf► to.e�lEY.� s _. oeesstnt. this �a�Agu�ge may be rifted by the County Attervey '— 0 I • 3. Second peaty that& have the aotheetty to tavest and estavest alt eaeaoved meatcs now oe hareattee held by It pvcsuant to the gcovtslons of this Aggeemene. to assure the eompLettea of tae Subdtvtafon empcevements to accordance vtth•the Ca&levtngs tai Second Yager shall &avast such pact at the tacgeved Moates to such eblt4latiohs me the vatted States. LHelediaq but Hot limited to flatted States Steasuey tL111. batted States treasury Notes and batted States eoveeaseat sends ac Ls cocttiLestes of 04741tt as flcst Pactr say ego* time to time 41cacti. peovtded. hoveveg, It is ajeeed that Second Yacty shall Hot be tatuleed to lavast tbgevgb Pveehases of such ebllgatleas Goes eitem than q;6'eteglyl AA4 peevlded Leather, that S446114party shall malls pocchases of sick Investments only In salts of Ono theusaM (81,6401 allas$# or more. lb)• All tatecest and tatose earned on sock tavestasat me the fsegeved Healer shall be added to and comain a Peet of the escgov accooac. 1. fallvcs of the ftcst Yacty to res*late the Subdivision ropcovesestr vtthta tvesty-Lear (34) months ices the date tka Plot is cocecded In the Public R4cocds of Collier Cousty, shall cehstltute a default of this Agcaemeat and such default shall coattaee umtll rtcst Patty complaces the Svbd&vistoo torcevements.. oficloq any Foiled me default. Second patty stall hold the LseceVed MORLes los Cho accevbt and b4asitt of the Cooaty, and during sick Pagled, upon vclttsG lastcoct&oa team the Cavntr, Second party shall pay to tits county seek amounts of the cacgeved McHLas as the Couaty (gas time to time collie*@ to ceepleSO the Svbd:vts&on tbprovessatt. Any tscroved Hoatsa camainln4 attic the Sobdlvlsloa topcoveaents have bean ceepletee ahall be Paid by Second lacer to tits& fatty In accocdaace with the pswrtaleas of Settles 1 above. S. Any eontgevsgty arlstag out of this Aggeeaene shall be 9e841•'1 In accocdaace viaK :he lava of the State of rlectda. 6. ftese ratty erases that it vlll not dleeetly eg tndirectlr gtva publicity to ec advarttsa the asistsnce at this Agrecoent *that than to official agsnelcs Of State, tcovtnetal ae tedecal govecnwcnts. I T, tits% patty h4caby agteas to pay to Second Fatty such ae44610 eempensatlem as $ball teem time to tlae be ayeeed open 'citing beeveen first patty and second pacer. In addition, sed patty shall be celmbucsed fee any eeasenable expenses, iedlag seasonable coonsol fees lacucced by it 1s, the smisttatles at this Agtaemeat. Such eempemsatlam mad saponses :l constitute a charge upas, tat taetoved Remiss. 1. Second patty will t@eelve, keep mad account fee all ' :$10414 Remle$ to an account $49698&@ (con any *%hot $onto$ of K pacer, •seep% as may be peevlded otherwise by the'dleeetien •tltton consent of the county. second factr will iment3h the My wltb a gvae%oely accounting of the eaeeowed Kontos unless County 'Peebles otbetvls4. h physical pcegc4sa fep4tt. UI Cotta %be completion status of the subdlvtsiea Ispteve— :t, shall be tecs,lsbed by tiest facer cleat vitt each Instill of tike rsctowed Remiss. 1. second fatty will dish mss the [aeteved meelsa emir as daabeve pcavided. 11, second patty shall have the light to eestgn at any else •llYing thtety 1101 days pcloc written notice to the ficat a and the county mad the ficst factr shall, vitbls, such A et tlmo,. appoint a soccessec eoccow aunt which to ptablo to the camaty, to succeed the SsCeAd Fatty. It within . aI 1101 days atter notice of 98slg04tlom has been given by A fatty, a soccessoc to us i+send fatty shall set have boom Med, the second !arty shall notlty the comely who shall Ise any comet at Competent juelsdietiom tet appointment at a eaef• 1. It is mutually agc@ed by the pactles that may liability send party me its 4111eees3er is 4:996,1311 limited and se long Kend fatty at It svacessecs seceents aAd dlaborses la geed :is, compliance with this Atce6w6Rt ail tsccoved Kontos, It :not be liable for ;crass at 3141ment, 3R4 ticst Facty i hetebl agcess to lndamaltl the second pactl oc Its successecs tot sal loss It •may sottic In CACCying out Its obligations under this �, Agteeasnt. tv 1IITUSS YREREOf, the Pasties have heteuato set th is ' lands and seals by thele dull aotboclsed silicate en this dal at , Is—. i(gatd, sealed and dsliteced Tat OtLTOMA COspa NITIDM In the psosenee oto Attests AiRO\at Me.1 (L1Ccev Agent) Attests This Agseesent bas been swbattted to the County and is heceby appeoved. DOARO or CODMIT COMMIssIOMtRs COLLIER COOMTT, TLOR:OA Hiss R d L DVVEf.40PAM%7 R S, 1941 OF MARCO, IT'C: :. William Hanley, President ' t.tS Or CAPRI Civic ASSOCIATION A Pato Pato Drive, West Iles of Capri, rlocida 33937 .at Nr. lfanley, I a result of our two recent meetings Vic% you and other members of the l.ic Asaeciscloo, 1 write tbis letter to rosffirm owe position cogacding as property located at the corner of S.R. 1951 and S.R. 1952. During the eetings you and ether stabers of the Association outlined terrain eoaceens *gsrding our request cc change the esietint sootog. Please allow at cc /rtes: chase concecas. drat, in retards to the water service to Islas of Capri. Kr. John hadejew- Ai has lnfOtmed me, through my architect, that when S.R. 12S1 is in the xetess of 'being four lased, a sew 12' rater aria exteostom from Manatee Rd. Tong 3.1 1951 and Griffith lhitbwsy to the Isles of Capri pump scaciom site 41 be installed. Our anginoor will contact Mr, hadelevski's office in ot- :ec that we may determine whether this main Will he adequate to handle our xeds in addition cc those of Isles of G pci's. If it is not, We have agreed a eithers 1) upaise the main at ovr expense. from Masatae Rd. to our loc- Kion co insure proper service to everyooe; or 1) should the county, ao request. mw ill look to Delcoas Utilities to sarvice.we'by building a water treatment UCility to creat Deltona's rev water that presently posses by out site. Is dcher use, owe project will be serviced without any affect on water service :a the isles of Capri. Secondly, we ace amending our request to the County when we meet with Cho .evngy Commissioners sometima is ?fay. As you know, the property is currently :rood cossercial under a M.D. A=rsemest 'botwato Col3ior County sad The 141 - :@ea Corp., the previous owpere. Cadet this roning, there are over 100 dif- ferent commercial uses allo.red ranging from automobile service stations; ejuipment rontsle; fwaaral hoses and laundries; to veterinary ellnies sad car cashes. Also allovsble is "any @Chet commercial use cc professional service rhfch is comparable la nature with Cho foregoing uses and which the Zoning- litectors determine to be compatible in the district." We ace requesting that this current coming With all its uses, sane stated and some discretionary, be chanted to allow ONLY the eoaseruetios of a ISO room hotsl, and a 200 seat cescautamt o0 the cornet. We aft NJ requestiat permission t0 undertake con- strueclon on the site plias to the golf losing of S.R. 1951. which is clearly prohibited by the f.U.D. document and the Regional Planning Council's develop - sent order, and we ace mot requesting permission to do any clogging or 1111LAS ^-•_ continued . . . . . . EXHIBIT 'E' 112m, 250 avv^ %v~#oAvwvTmv �r,nn/r-rv.it.feeve[�raon ►.arx-n la erin [i/Ywna e�ot7 t41110AM0 Page 2 - tor. William Hanley on the site prior CO the tour laning of S.R. 1951. IC is appropriate to say bare chat this site is the only one on the south portion of the road suitable for use as a construction lacility during the four lapin g of 5_1- 1951. The poasibilicy of Using a portion of this site for this pvc- pase was discussed with the county and we bane no objection to its use. :a swma:a:y. out :equesc is retoae the preps.►ty is sort tescciccivs .au Uill only allow a fixed use for the land, i.e. hotel and restaurant buildings. and cat the ■any commercial uses that ace available presently. Our land use plan is aesthetically more pleasing and will generate only halt of the tcaf- tic as a commercial shopping center would generate. Additionally, our hotel and restaurant facility would be of benefit to all area residents. We would provide rooms at reasonable cotes for area guests and dining facilities for area residents and guests. We appreciated the opportunity t• seat with yoo and @that members of the Association. It is evc desire to work with you to ensure that whatever is built on the site is the best that it can be. We encourage your support and look forward to hearing back team you regarding your feelings on our request to the county to rezone. Thank you for your time and consideration. S a y. Robert g. Lsebec President R.AURC a CC: Mc. James E. Vensel, Architect tic. George Vega, Esquire file L nrc�r lei; )a"ida I r _ Loud ::rr 9 © R d.—I Perk cc c.lr rasa. CCITC nK:c.a.n,} X.—k rr _ tl .alrroyni N' F—a, Rl�hx-el-red Nra.nx l,t rl 1 ■ � ` r� � -. ® Aps Sp. cr lHul[e.a/ !I' ^• " � ISI �_I 9 � a +� lswlwce crr,n�,l�la !'� u clilm IEonun , Vr }I: - .-, A � ` t � F i—acd t � r J Fid is Creek Master Plan I FIV -3 N Land Use Key Fiddler's Crels =�KV W+E .` ® R Resideatiak R \ A\ s B BuuneWGommercial naples, flvrida �' Scale:l"=8w o r Park " ; �f IcIy •\'.•, \ ca Date: April 2018 GC Gulf Cause fR -I� \�'yr\ ' -1 �_' R! \f"t4 Master Plan CC ClubCemi r c A Exhibit FC -Al c "� � R,� - ' { :•, ® GF Community Facility F xn -N \ aw Road Right -OF -Way -'\ e,� Precervr 01! � . rw e,r j \ 1 \• c �`�. Misceltane '''"° L= - — _ Own s�B�� D n Eawmems R we� ; -�a R+.' ^r . �•.\ .. _.�` R L -r --'�� •\ ` 3 L: Iltikity�[EF.xisringl oacsr � A _ .t_•_j\•_' Ir*Ra sk ALF Permitted `\ Fstancia JAI -RPark Development Area, including Golf Course Uses Fn � � A Y R" � \ '• - I <* D 'I ® R R R *R•GC�IfE R Iftl R •nw 55 _.� R YR I � / r RP'. 0 ofa.�l I cm :sT I 1 [�rcnum 4�w f I I I RlYiSlp �1.aY 96.2012 EXHIBIT "FC -C1" FIDDLER'S CREEK LEGAL DESCRIPTION W. 030 ru: sills A parcel of land, lying la SCCT20HS 22, 23. 24 and 25. TOVHSHI? $1 SOUTH. FJWOC 26 CAST, Collier county, Tlorada, being &ort particularly described as followat Commtnee at the Northwest corner of said Section 22, thence run SI103811009 along the North line thereof for a distalnee of 1239.50 feet to an intersection with the Cast*rly Right of Nay Lint of State Road Ito. 951 as conveyed from The 0*ltona corporation to the state of florid• Department of Transportation by Warranty Deed dated January 29, 1985 and recorded In official Records look 1119, sagas 607 through 609, Inclusive of the rublie Records of Collier. county, riorida, said Intersection being the rOIH7' Or 990I$HI$Q of the parcel of land hereinafter described,. thence Ioas29'39'W along sold tasttrly Right of Way Line of state load Ho. 93.1 a distance of 1537.89 (Set; thence'leavimg Said Casterly Right of Way line, S86s54'19'C a distance of 1322,20 feet) thence sate27,22't a, distance of 125.79 f**tl thence 300.3s']60C a distance of 16.42 feet; thence S4/e57139"t a distance of 143.49 test; thence 022•]1,21"t a distanC* of 101.19 leets thanee S07016'3419• a distance of 159.01 feetl thanes 022e27103't a distance of 10.97 feats thence 851050053'C a distance of 124.40 Lest; thence 574s04'40•t a distance of 144.06 feet; thence S15•45s26'C a distance of 187.62 feett thence Hs2so2'11'C a distance of 104.47.feett thence $21.53.36"t a distance of 104.27 feet; thence H10426'54'9 a distance of 87.23 feats thence H46.O9's7'C a distance of 161.84 feet) thence H6ss40,14et• a distance of 191.80 feats thence $79.01'S4'C a distance of 121.22 feett themes s17033102'C a distance of 275.66 feats thence SID036134s9 a distance of 196.37 fists thence S17039'S149 a r diistanee of I8S.04 (esti thence sa7e21143't a distance of SOt.t3 feet, thence H45631'57'C a distance of 46.73 (sett :henceisl7•50'25•t a distance of 53.97 (sets thence a43021'0619 :hence of 96.83 (sett thence 439e511170C a distance of 55'.10 feett thence S1204310569 a distance of 48.21 feetl thence s54617141'C a distance of 252.73'feetl thence R55e30'SI'C a distance of 83.75 feet, thence H74eS611349 a distance of 64.15 feet; thence 562.07153'9 a distance of 60.59 feet, thence S51636121st a •distance of 159.30 (tstl thence S009111449V a distance of 120.56 (est; thence s02e120061V a distance -of 166.85 feats thence W26034108sC a distance of 106.10 feats thence 877052'S2'C a distance of 122.93 foots thence $ssell'20'C.a distance of 115.14 feet) thence S73s3112509 a distance of 306.53 feett thence H71"341261t a distance of 51.97 .feet; thence H05e4145401.a distance of 12S.92 (sets thenen $01e411541t a distance of .77.72 feats thence 1415.43151.9 a distance of 164.05 Costs thQnes H21e3514401C a distance of 141.05 (sett 'thence H23451'20'9 s distance of 142.54 feet) thence 1453047031aC . a distance of 116.07 foots thence H1/sol'ol'C a distance of 145.07 feats thanee H349006590S a distaAee of 369.42 feet] thanee 1439.43'19'9 a distant* of 299.43 teats' thence $44. 1'34't a distance of 108.44 foots thence H74020154"t adistance of 101.17 feetl thence 877e281100C a distance oj16' f 117.34•tea' thence 1411*29't l distance of 102.86 feet) thence $11!25'4Sst a distance of 68.07 foots thence H32a16'13•S. a distance of 99.28 feet) thence $56.0713509 a distance of 115.20 feats' thence U22•S201202 a distance of 132.57 foots thence U340351406t a distance of $1.02 feet) thence H67s14`21't a distance of 68.25 foots thence $700711a'L a distance of 77.37 feat) thence $16*19'S9't a distance of 263.41 fest) thence $14.15946"s a distance of s3.69 feet; thence 023e511S9'W a distance of 39.61 feet) thence SSS6501171W a distance of 141.77 feet) thence. 344e11020•w a distance of 110.47 Leet) thence s460591041W a distance of x6.01 teats thence 924e17417 wf a distance Of 78..61 fasts thence as9•o3'S7't a distance of 32.26 (eels thence S76OI412S•X a SHVIT 1 Or 11 - Page 1 of 20 AGENDA ITEM [---- 12 2090 utu mb ru: u•r 14 distance of :87.74!,sets tMne4 se7.88'S6't a distance , ' 151.16 Cents thence s61•28'2$19 a dletseee Of 11S.60 Cee; thence 313.13.27'9 a distance of [13.77 #1141,, thea 819434'02'3 a distance of 220.03 Coati thepet 921.18'll't distance of 172.00 feet! thence 818&33'08.9 a distance c 263.$2 Coat; thence $74444126'9 a distance of IIS -03 Cast thence 1174•;6'22't - a distance of, 135.09 tests thenc 1147434'27.9 a distance of $"S Coats thence 1812404.43.1# distanca'of 69.72 feats thence H31•18144•W a distance of 100.5 feat$ thence H26438157•W a distance of 133.89 feet, thane 1109.531008C a distance of 213.52 feet, •thence 1248.28'23.9 distance of 119.98 tee d thence W87.30,21.9 a distance of 33.6 Coots thence 332437'S1't a distance e 138.01 Coati theme s/0452'24'9 a distance of 125.01 feetl thanes 839.17922'9 distance of 115.06 feed thence 862.18'24'C • distanea e 115.81 leets thence 861411'5049 'a distance of 121.40 fest thence 359.4914449 a distance of 113.57 teat, thenc• s74•S0'34'C a distance of 94.71 feats thence 1124.2464349 distance of 91.83 toots thence 140.52929.9 a distance of 247.6: Cent, thence H4042314009 a distance of 276.21 leets thenc. 1139.53'30'9 a distance of 411.53 feetl thence aS8•13'26"t , distance of 962.09 feats thence S19'09'18•t a distance of 96.3: Coati thence 906443'22•W a distance of 121.0• leets thane. S13.2S'07'W a diYtanee of 159.04 feet; thane• 820902848-Y 1 distinct of 189.88 feet, thence S37'r19'10'W a distance of 559.s8 feet, thence 877.OS'OS'W a distance of 327.57 feet# thence 343414'144W a distance of 401.51 teats thence H66•os'20•W a distance of 51.49 feet# thane• 664407024-W a distance of 44.31 feetl thence 341 23.21'W a distance of 35.01 feetl.thence slielo,061W a distance of 171.19 feet, thence SO4.12'S34W a distance of 153.70 Coats •thane• 800426's2.9 a distanea of 131.06 fasts thence 307.37'23.9 a distance of 52.02 feats thence SoS•32•114t a distance of 73.70 tests thence S39.42'2s'W a distance of 60.13 leets thence 375624.24'W a ' distance of $13.63 felts thence R7142$I168W a distance of 78.01 1 feetl thence HS4•31,46•W a distance of 292.73 Leet; thence r '�•H36.53'16'x a distance of 81.54 feetl thence N75002639'W a 'distance of 201.42 fasts thence HSI.07121'W a distance of •145.39 feetl thence N63416152•W a dlstanee of 100.5/ feet, thence N701116101'W a.distanc4 of 52.37 Laetl thence 1479418047.1 'a distance of 139.12 feetl thence 11a8•ll'/61W a distane of 118.51 feet:-ihtnee 374'2S/37'W a distance of 120.51 (eats thence S704421344W.a distance of S5 -3S Cacti thence 954.33115•W a distance of 236.73 feet; thence s01.331174W it distance of 304.11 feet, thence s3o•0e'16•C a distance of 194.40 feet, thence 301.31'064W a distance of 139.211 foots thence s24•09'25't a distance of 317.35 feet) thence 807.3915709 a distance of 618.63 feat, thence 505.14432.9 a distance of 41.49 feet; thence 336.37133't a distance of 141.20 feats 'thence 1174.38'46.9 a distance of 84.50 foots thence N89.4915tec a distance of 166.94 feats thence N5464012599 a distance of 155.01 fest; thence 8174041.1#'9 a distance of ls3.90 •Leat; thence 375430'01'9 a distanea of 292.56 feet; thence 674.071294E a distance of 164.37 feats thence 1153.22013.8 a distance of 77,.41 foots thence W71.22137.9 a distance of 85.20 Ceotl thence S85453'264E a distance of 92.10 Coati thence 3830231.30.9 a -distance of 128.98 feat; thence N68•54'10.9 a distance of 100.70 feet: thence NV032122aEof2 a distance. of 143.01 feat, thence 1432.23117.9 a distance thence N33.141220C• a distance of 199.06 foots thence H48.39103•9 a distance of 111.62 feet, 'thence N10409031.9 a distance of 96.6] feet, thence N28•03'03•9 a distance of 245.56 foots thence H58•5S'34•C a distance of 367.04 Coat, thence 872.39046.8 a distance of 90.19 fast; thence 868405'011C a distance of 88.10 feats thence 332.29'30.8 a distance of 134.26 feat) thence 1458.20'15.8 a distance •at 2006.12 feat; thence HO/•49'074E a dist anet of 121.76 feet, thence 486.01120.9 a distance of 76.03 feats thence-sal!S6'll•t a distance of 62.99 foots thence 362.22155.9 a distanea of 61.06 feet, thence No._u page 2 of 20 OR: 2656M-0715 221.33142.9 a distanfq of 96.72 ;sett thence S61.031101.9 i distance of 91.49. tests thence 220.24`01"x a dlstanea qt 97.27 "feats themes 264•30114.9 e ' distance of 119.77 Celt; thence 1442.57'49"C a di-staace of94.S7 feot7 •thence N19.23 Wit a distance of 151.14 feett thence 147S4210140v a dist nee of 4.49.92 fasts thence K06•S9'07"C a distance of 274.7 (gets Chance 1466.12'10"N a distance of 67.59 (sett themes 1472 24.11"x a distance of 123.29 (eats thence 1450.53.00"W a dietnee of 112.15 fast; thence K16.04421"W a distance of 16.4 (Gets thence HIS052124.9 a distancd of 62.66 feet; thence 1469 42'26•t a distance of 91.21 feett thenen 1116e571040C a distlnee of 237.96 Cast; thence 251.13123.9 a distance of 66.91 (sett thence 557.5914608 a diatanct of 90.31 (set; thence 14131574300t a distance of 113.60 feet; thence 'a$to$3`36•C a diet act of • 103.X7 Coat; thence 933.27120"9 a distance of 47.62 teat, thence 801.07`11.2 a distance of 176.02 feet; 1 thence 557.10'5909 a distance of •90.12 feat; thence 254 jo0•C a distance of .213.96• fe.ti thence S404SO43069 a dist�(nce of 100.90 Costs thence 201.41410•W a distance of 221.5 (call thence 544.25043.9 a distance of 177.22 feet# thence 557.1710999 a distance of 194.64 feat; thence 219.11` 9.9 a distance of 234.47 (set; thence 832.45.13.9 a dist nee of 223 A S feat; thence 846.45139"9 a distance of 71.2 feet# thence 531.24'25.9 a distance of 27.15 feats thence 1113. 7"016C a distance of 54.43 feats thence 1459.391021C a distee of 173.75 feet; thence 1416.0240289 a distance of 17.48 felt; thence 967.01'SS"9 a distance of 114.34 (gets thence 245.09114'C a distance of 2560.69 feet; thence R290S2' 4•C a distance of 15.21 feet; thence 1427.30'00"C a distanea off 16.22 Coati thence N254351511C a distance of 41.09 teststhence H21.40144'C a distance of 96.19, feet; thence 1469.44' 2"w a distance of 11.61 feet; thence 275.26151"w a distance of 331.66 feet; thence 1409.04117"W a distance of 117.53 (gets i thence 1412.06114"C a disttnce of 74.75 feet; thence K46. 3143"C distance of 74.31 feeti thence 1412.46051"W a distAice of r ; 2.13 leets thence H194SS'33"w a distance of 74.92 feet; thence .332.11'57"W a distance of 45.42 feat; thence •s69.2S' 4"W a . distance of 67.21 feet; thence 1465.02117"W a distance of 79.05 Leat; thence 1426.16133"w a distance of 109:30 feet# thence .sd9.42'24"w.a distance of 95.29 (sets thence 1431.09' 61w a distance of 62.54 feet; thence H61.124061W a diataice of 153.52 feat; thence 1436.2315609 a distance of 301.201 fait) thence 1410.551241W a distance of 140.47 teat; thedee 1422.37141"C a distance of 51.15 feet; thence x37.39`1;0"9 e distance of 162.41 facts thence H19.3300209 a distance of 112.95 feett thence 14Oa90012"v a distance of 104.72 1 test; thence 1404.59151"w a distance of 137.15 feet, h M2O03013329 a distance of 147.93 feet; thence x03.46'2ecnea a distance of 142.33 fast; thence M17032107•W a distan a of 160.04 fedi thence 1415.131390W a distance of 140.97 1 feet; thence x00.03499W a distance of 73.02 Costs thence 92S•3/r13S't a distance of 99.53 (eat; the0ee 1459.22121"v a distanbe of 73.73 feet; thence 540.21.41"C ..distance of 52.93 (sett Donee 501.530]]"W a distance of 11.6.69 feats thence 91243312 "v a distance of 120.72 feats tbence 863.31.5]"C a distance at 64.07 feet; thence 944.52132.9 a distance of 54.42 (eats Device 2}0•29•59•C a distance of 79.19 fest; thence 937.1210`W a die•tanee of 50.21. feet; thence 829.4x039.1# a distance of 75.40 Coati thence 225.22'4]•W a distance of 103.06 test; • hence S20836120•Y a distance of 103.37 feat;• thence 910.07'1 •9 a distance of 107:10 feet; thence 942.29L'24.9 adistanea of 116.91 feats thence 809•19117"W a distance of ]4.66 feet; thence 960.161314W a distance of 106.42 feet; t once 923.42.039"W a distance of 130.40 feet; thence 902.34049.9 a distance of 25.19 feat; thence 520.32143■9 a distance of j62.59 feet; thence 915t1l'35"9 a distance of 264.23 feet; tlbanCe ass•2a010"X a distance of 201.90 feet to an intersection with the vast Line of aforesaid section 24; thence Noo•IS`24rv�along said tact Section Line a distance of 4476.41 feet to the I i I i AiGbbA ITEM " 0AEC 12 2000 Page 3 of 20 vas, LUJu ru. V l Lu Northeast corner theteotl thence 06e09/451M along the North Line at said section 24 a distance. ot•2713.71 feet to the Horth CA corner th4raotl thenceCentanuanj along the North Lane of said section 24, run No a 459'02.1( a istahee at 2713.15 feet to the Northwest corner thereof. said corner els, being the Northeast 4orner of aforesaid Section 231 thence N31e33'SS"w ;long the North line of said section We diet►nee of 2796.24 feet to the North 1/4 corner thereo 4 thence edntlnuing along tbe'North Line of said Section 23, run N11851'S3"M a distance of 2716.45 teat to the Northwest corner thereof, said Corner also being the Northeast corner at ►(ore6►1d Section 1!) thence N660Sa'S1"M along the North 163§4 of said Section 22 a 1 thanoe of 2736.01 feet to the North 1/4 corner thereatl thence continuing along •the North Lina oL said ooetton 21, tun • x//0538201M a distance of 2446.52 'tact to the Point of Beginning. ALSO 1 A parcel of land, lying in aforesaid SECTION 24, TOVHSHIP 51 SOUTH, RAHOC 16 CAST, collier County, rlorida, being more particularly described as Tollowsi Commenca at the Northeast corner of said section 24, thence run 300.15126"V along the Cast section Line thereof fora distance of /679.59 feat to the POINT Or scare IHO of the parcel of land hereinafter described) thence H72012144•V a distance of 36.92 feet, thence 9690264320M a distance of 91.14 feet, thence 39540SISO"w a distance of 60.16 feet, thence all"39'42"w a distance of 79.41 feet, thence 346052'36'w a distance o! 76.76 feet= thence 3544OV2 0"C a distance of 62.53 feet, thence 3610191021C a distance of 71.31 Leet; thence N11.47'42•t a ;distance of 97.52 festr' thanes N6302713l't a distance of 14.68 4ee0 thence x11.27157"t a distance of 62.13 feet; thence �000iS12/"C a distance of 42.22 feet to the Point of Beginning. _ ALSO G . Cs x parcel of land, lying in aforesaid SECTION 24, TOVHsNIP Sl SOUTH, MOE 24. rA,9T, Collier County, rlorida, being more partieularly d4scribed as foliowst Commence at the Northeast corner of said Section 240 thence rc� 00001s,26'V along the Cast Section Line thereof for a distance of 4790.92 flat to the POINT Or BCOINHime of the parcel of land hereinafter described; thence Na6.15'35"w a distance of 52.39 feett thence sS6039'23'w 'a distance 0f 67.01 feet, thence 912030116.4 a distance of 74.05 feetl thence 5070476401C a distance of 77.35 fsetl thence S16003'91'C a distance of 121.00 feet; thence 534056139.9 a distance of 136.99 cast; thence 1400013'26'C a distance of •410.92 feet to the Point of -Beginning. ALSO That part of the southeast Quarter (6C 1/4) of the Northeast Quarter (NC 1/4) of SIMON 11, TOVNVHIP S1 SOUTH, piwas 26 CAST, Collier County, rlorida, lying South of Tam!►ai Traci (U.S. N0. 41), LISS AHD CXCCPTIHO THCRtrRON the following described landsi 9COI9 at the Northwest corner of 'the said Southeast Quarter (65 1/4) of the Northeast Quarter (KZ 1/41 of Section 11, thence run 901015115"L for a distance of 93.91 Leet to the southern Rigbt-ot-way Line of the Tarmacs Trail, thence 3540201070t along said Southern Right -69 -May Line for a distance, of 412.12 teed thence leaving said southern Right -of -May Line run 301015116"X for a distance of 100.00 feet; thence x11044144"X for a distance of 10.00 feet) tbanca sols1S'1S"4 for a distance of 293.15 feet; thence N34020107•M Page 4 of 20 AGEMDA ITEM 2 2000 P2 VIII' coo ra: inti for a dlstanee of 400.00 feet! thence Nolelp IS•t for s distance of 706.01. feet to the Point of•Eeginnant. ALSO , The Northeast Quarte; (HC 1/4) of the Southeast (SC 1/4) of SCCTIOM 71, TOWNSHIP 51 SOUTH, RAHGC 26 CAST, Col7ler County, rlorida. ALSO The Southeast Quarter (SC 1/4) of the southeast Quarter (SC 1/4) of SECTION 11, TOWNSHIP $I SOUTH, RANGt 26 CAST, Collier county, rlorida. • ALSO The best One -Malt (W 1/21 of the Northeast Quarter (HC 1/41 of the Northeast Quarter (NS 1/4) of SECTION 14, TOWNSHIP Si SOUTH, RAHOC 26 CAST, Collier County, rlorida. ' ALSO The South Ona -Half Ls 1/2) of the Northeast Quarter (NC I/i1 of SCCTIOH 14, TOWNSHIP Si SOUTH. RANGC 26 CAST. Collier County. rlorida. ALSO The South One -Halt (S 1/21 of the Northwest Quarter (NW 1/41 of SCCTIOH 14, TOWNSHIP $1 SOUTH, RANGC 24 CAST. Collier County. rlorida. ALSO t: Quarter (HW 1/41 of the southwest Quarter (Sw 1/4) of SECTION 14, TOWNSHIP 31 SOUTH, RANGC 26 CAST, Collier County, rlorida. ALSO The Northeast Q.uar;er (Nt 1/4) of the Southwast Quarter Isw 1/4) of StCTIOH 14, TOWNSHIP Sl SOUTH, MHGC 26 CAST, Collier County, rlorida. ALSO The Southeast Quarter (SC 1/4) of SCCTIOH 14. TOWNSHIP 51 SOUTH, RANGC 26 CAST, Collier County, rlorida, and the South one -Half (S 1/2) of the southwest Quarter (SW 1/4) of SECTION 14. TOWNSHIP Sl SOUTH, RAHOC 21 CAST, Collier County, rlorida. ALSO The Cast Ona -Half (C'1/2) of the southeast Quarter (SC 1/4) of the Northeast Quarter (NL 1/4) of SCCTIOH 15. TOWNSHIP 51 SOUTH, RAWGC 26 CAST, Collier County, rlorida. ALSO The West One -Half (W 1/2) of the Southeast Quarter (SC 1/4) of the Northeast Quarter (NC 1/.41 of SECTION 15, TOWNSHIP 51 SOUTH, RAMON 26 CAST, Collier county, rlorida. ALSO The Cast One -Half (C 2/2) of the Southwest Quarter (SW 1/4) of the Northeast Quarter (Ws 2/4) of SCCTZOH 1S, TOWNSHIP S1 .SOUTH, RANGE 26 CAST, Collier county, rlorida. Page 5 of 20 Z C C T'" NG. --la —I - DEC DEC 1 2 2000 Pg- Ili VA. LVdV•CN. VILU ALSO -The West One•Half fW t/21 of the southwest Quarter ISW 114) eC the Horthc4st Quarter (HC 3/41 of 6CCTION 1s. TOWIIsuiP Si SOUTH. "Not 26 CAST. Collier County, rlorida. LIS$ AND LXCCMNG THCRAMOH All that part of SCC'rIONS 14 and 13, TOWNSHIP $I SOUTH. ItA}Iot If EAST. Collier County, rlorida, being more particularly described as follows: Commencing at the Northweat corner of said StCTIOH 14, thence ileng the Wast Line of said itCTIOH 14, 806161416W 1396,76 toot • to the North Line of the South 1/2 of the Northwest 1/4 of said SICTION its thence Continue along said West 1.140. 1106131411W 525.02 feet to the. POINT or 29GIHNI140 Of the parcel herein described: thence laaviag said West Line, 260652'406t 155.30 - feat; thence $73.36'42.9 242.56 feat: thence 259634.16■t 204.02 feats thence SS1631143.2 245.00 feet; thence 852659136.2 179.62 fast; thence $1645214S•W 146.34 feat; thence Southwesterly 34.53 teat along the are of a circular curve concave to the Northwest, having a radius of 270.00 feat, through a central angle of 7.19'31• and being subtended by a chord which bears a20•32'33•W 34.50 feats thenpe 3240124210V 27.46 feet; thence H67644'09•W 52.42 [eats thence 9596211596W 110.34 teats thence 611657036•W 240.26 facts thence 219.24953't 331.77; thence 526636159•E 221.37 teats thence a22•46'33 - t 222.46 feats thence S14649157•W 331.45 feats thence 619629127•W 310.91 feats thence 915.20"32.1 166.90 teats thence 362639'50•t 166.95 facts thence s40•la'SO•C 121.43 tames thanes at3.30'S3•t 65.53 teats thane• SSS632'32•t 117.46 feet; thence southeasterly 100.22 feat along the are of a circular curve concave to the Northeast. having a 'Tfdius of 230.00 feat, through a central angle of 21657114• and r lying subtended by a Cherd'whlch bears s26601131•t 99.43 teats thence 346641104'W 226.90 [eats thence S1S6321k296W 142.64 feet; thence 1450651154•W 741.96 feet; thence N74.241330W 54.69 teats thence RIO640114OW 217.63 Cert; thence H0619.4609 125.00 feats thence x29640'1469 150.00 feet; thence along a lino which lima 230.00 feet Eastarly of and parallel with the West Line of said SECTION 34, 110•29'46•t 1746.56 feet; thence Northerly, Northwesterly and Westerly -437.06 feat along the ace of a Circular curve concave to the southwest, having a radius .of'- 260.00 feet, through a central angle of 69626121• and being subtanded by a chord which bears H446231251W 394.04 teats thence He9.061351W 339.43 feet; thence N596361221W 64.29 teat; thence N26020155OW 200.00 feat; thence 0156391346W 73.43 Cacti thence H06461064t 411.99 facts thence S49613'1299 SO -00 facts thence S06461096W 375.00 feats thence 9e9623'S2•t 751.25 feet to the POINT Or ataiRRINO of the, parcel harafm desaribeds bearings are basad on rlorida'Sta.te Plane Coordinate System, rlorida test sone; . ALSO Lias AND 2XCIPT 0 All that part of SECTION 14, TOWNSHIP 51 SOUTH. AANGt 26 EAST, Collier County, rlorida, being sort'particularly described as follows: Consaneing at the Northwest corner of said StGTION 14, thence along the West Lina of said Section 14. s0•12'41`W 1392.76 fast to the North Line of the South 1/2 of the Northwest 1/4 of said SECTION 14; thence continue along said Vest Lite. 806111416W $25.02 feet; thence leaving said West Line S60632140619 155.30 tests thence $73636144.2 143.56 teat; thanee'55963411419 204.02 feat; thence 251631143•: 145.00 facts thane* $3265115462 243.46 feet to the POINT or atcIRRING of the parcel herein described: DEC 12 2000 Page 6 or 20 vn, cuju rue, vft2 thence continua 252419196-i 251.09 feat# thane; 239.00.37"L 357.81 Rett thane; 659.23053"C !17.29 feet#thene southvesterly $04.01 feet along the arc of a non-tanthence, circular curve concave to the seuth:ase, having a radius of 30SO.00 fent, through a eentrsl angle,•'o[ 4 00542- and being subtended by a chard which bears 834.04124-w So2.74 fest; thence 431e01044ry 636.92 teed thence iouthuesterly 44S.6S feet, along the arc of a circular curve concave to the southeast, having a radius of 2050.00 Leet. through a central angle of 13.341250 and being subtended by a chord which boar + 8240141350W 484.52 feet$ thence 817027123-w 116.04 feet! thane: W720321314V 3136 feet$ thence Northwesterly 169.13 feet along the are of a circular curve concave to the No theact, through a central angle of S76401658 having a radius -of 170.00 feet and 4 • being subtended by a chord which bears'1144*024359w 162.24 feat, • thence N13032.321K 112.30 feat:- thence NS141164999 63.41 feet, thance, N4.15110"t 239.64 feat$ thence NSa13,340C 250.06• feet, thence H2502215109 316.69 feat: thence 1442*14415-t 214:14 feet, 4 thence M7636146 -W 272.3! Leat, thence N61e2S�30•w 245.!5 feet, thence H43.07151"W M. !sett thence N31e4765S"W 1as.S feat, thence N0403'05 -W 76.23 fest, thence N24011121"E 65.46 fes thanes Northeasterly 42.20 feet along the are of a circular curve concave to the Northwest, having a radius of 330.00 Coat, through a central angle of 7019,361'and being subtended by a chord which bears N204361331C 42.17 feat$ thence N1665e143-E 124.16 feet to the POINT Or scGiRma of the parcel heroin deseribedi bearings are basad on rlorida Stata Plan coordinate System, rlorida Cast Zonal ALSO LESS AHO EXCEPT All that part of SECTION 14; TOWNSHIP $1, SOUTH, FAMOZ 26 CAST, Collier County, Florida, being more particularly described -as i �• tollows I Commencing at the Northwest corner of said secTION i4, thence along the West Line of said SECTION 14, 110"11141"W 1398.76 feet to the North Line of the South 1/2 of the Northwest 1/4 of said SECTION 141 thence along said North Line, s81920810"C 131r.45 'feett thence leaving said line, 81439450-W 260.00 feet to 'the POINT or BEGINNING of the parcel herein described: thence sam ollo"E and parallel with said North Line 1920.33 feet; thance 663.3512919 915.33 Leet$ thence southwesterly 721.11 feat along the arc of a non-tangential circular curve concave to the Northwest, having a radius of 950.00 feet through a central angle of .410521249 and being subtanded by a chord which boars 659.19•104111 711.34 featt thence 881"19116"W 97.91 feat: theaee NS -29"14 " 1"W 101.16 feet: thence H72433130"W 220.99 fest: thance satell-l8•w 296.28 Lest$ thence 873607105-W 392.16 feeti thence 1467959159"W 1351.01• feat? thence 8320541470W 150.00 !esti thence N579050130W 25.00 feeti thence N3295414709 97.71 feet: thence Northeasterly and Northarly 270.60 teat along the arc of a circular 'curve concave to the west, having a radius of 410.00 test through a central angle of 320181020 and being subtended by a chord which bears, N166431451E 267.03 feet, thence M0036144"E 133.94 feat to the JrOIHT Or BEOrNKINO of the parcel b4rein described: bearings atJ basad on rlorida state Plane coordinate System, rlorida East Sone, ALSO LISS AHI) EXCEPT DEC 12 2000 Page 7 of 20 �•�� VA• LVJV &%;I V I &V. All that part of SCCT30M 1/. TOWNSHIP 5l SOUTH, RANOC 26 CAST. Collier Ceenty, riorids, being more particularly deaersbed &s follewal Coe■eneing at the Northwest corner of said SCCIION 14; chance along the Vast- Line of said StCTION 14 50016041'w 1396.76 feet to the North Lin* of the South 112 of the Northwest 1/4 of said , SCCTIOR 141 thence along said North Line. 2680109104C 1361.43 (sets thence leaving said line, 81.39050011 260.00 testi thence slae2o01o09 and parallel with said North Line 1920.33 test; thence 863035129"t 1096.99 feet to the tom or BCOINMINC of the p&reel herein deseribeds thence continue along said line south 63035129.9 145.68 tests thence leaving said line southeasterly 165.76 fast along the are of a -tangential C 'circular curve concave to the Northeast, having a radius of $40.00 feet, through a central angle of 16e211020 and being -t subtended by a chord which bears. 873046100.9 164.97 teat; thence $61.36131.9 663.31 tests thence $002S'530C 2304.02 tests thence 6670421010W 47.48 tests thence S640051370W 311.29 feat) thence 3e90014400W a&s.19 feet; thence 439.4904&'W 424.93 leets thence NS6413017"W 606.51 lasts thence leaving said line Northwesterly 618.40 teat along the aro of a tangential circular curve concave to the southwest, having a radius of 4050.00 feet through a central angle of 01444'S5' and subtenged by a chord which bear& H54035144"W 617.60 feet; thence leaving sold curve M58051612NW 692.53 Leets thence Northwesterly, Northerly and. Northeasterly 72.54 feet along the are of ► tangential circular curve concave to the Northeast, having a radius of $0.00 feet, through a central angle of 90000100" and bsiriq subtended by a chord which bears North 13059112"w 70.71 frets thence leaving said curve M3100114619 93.12 feats thence Northeasterly 479.42 feet along the' arc of a tangential circular curve concave to the southeast, having a radius of '1950.00 feat. through a central angle of 14005112' and' being :{{ubtended by a chord which bears 93100412(09 478.22 feet;' Q ithence H45007100"9 477.25 Leets thence Northeasterly 757.92 tjiit along the arc of a tangential circular curve concave to Ehe southeast, having a radius of 1200.00 feat through a .central angle of 36011'36" and being subtended by a chord which bears X63.12'32"C 745.38 feet; thence leaving said curve 981.36'16'9 356.55 feats thence Northeasterly 295.61 feet along the arc of a..•tangential circular curve concave to the Northwest, having a radius of 1050.00 feet, through a central angle of 160061040 and being subtended by a chord which bears X73014114.9 294.70 feet to a point of reverse curvatures thence Castarly and southeasterly 36.49 feat along the arc of a tangential circular curve concave to the south. having a radius of 25.00 feat through &.central angli of 23.38109■ and being subtanded by a chord which bears S736001450C 33.34 teats thence S31011142.9 38.43 tests thence southeasterly and 9outharly 63.46 feat along the are of a tangential circular curve concave to the southwest, having a radius of 170.00 test, through a central angle 'of .21023'230 and b61ng subtanded by a chord which bears•620030'00"t•63.10 feet. thence S734051259W 131.22 feet; thence 541046127"W 574.54 tests thence s4204S026"w 223.61 feats thence s610091430W 207.66 feet; thence S74e0243s'w 177.60 tests thence 931.24131"W 174.58 feats thence s450471130w 144.97 feet) thence 302046440"C 42.05 teats thence J49•37102"C 349.04 feats thence S540121SCOC 193.24 feet; thenceb77e11`03•C 212.84 farts thence X850191196C 172.79 tests thence X260461400C 231.79 feett thence X33052119"t 272.36 feats thence N37e03956"C 272.4Q teats thence X34042'11"t•341.21tests thence N380321090C 249.91 fastr thence R4o6551130t S0.33,feats thence X33044129'W 93.74 feet; thence X69033132"w 154.93 feats thence Northerly and Northwesterly 113.17 feat along the arc of a non-tangential gireular curve concave to the southwest, having a radius of 230.00 -feet, through a central angle of 26011133' and being subtended by a chord which bears 91700515S0w 112.03 feats thence R31011'421W 31.64 feat to a point, of curvatures thence NO.___�2 L DEC 12 2000 n._ 15 0 Page 8 of 20 .. ux: ON ru: UW V Northwesterly. Nottherly and Northeasterly 39.41 toot along the irradius ofnlf.�0oilfeet. through a ar curve ccentraltanole efst90*ifv:l. and being subtended by a chard which bears N14*02431*i 31.31 beet to a point of reverse curvature; thence Northeasterly 121.46 fact along the are of a tangential circular curve .concave to the Northwest having a radius of 1030.00 teat through a central angle of 23*001510 and being subtinded by e chord which bears N47*471130E 414.93 feet to the POINT Or SCOINNIHO of the parcel berein deseribedi bearings are based on rloridc state Plane Coordinate cyst st, rlorida East lonel ALSO LESS AHD XXCEPT That eartain parcel of land lying in and being a 'part of section 22, township 51 south, Range 26 -East, Collier county. rlorida, being store particularly described as follows: gea4enae at the Northeast corner of said section 2tl thence run Hss*51'31"k, along the Horth lana e! said section, a distance of 462.41 feet to the POINT or sLOINHIHO ef the parcel of land heroinafter desaribedl thence continue N11*Ss'5101t, along the. North line of said Section, a distance of 1,214.19 feet; thenci- leaving said section line, run s019011091N a diatancc of 971.59 leets thence run s38*00121"L a distance of IS4.S2 feet; thence run NSIOS91390E a distance of 17.16 feet to the point of Curvature of a circular curve to the right having a radius of 2,oS0.00 feet; thence run Northeasterly along the are of said Curve, through a central angle of 22*S2111", a distages of sle.26 feet to the point of tangencyl thence run H74*51130"E a ¢istanee of 490.03 feet; thence run H1SaOe'10•4 a distance of $3$.74 cast to the Point of 9e91nn1ng.(CCSai1 i ALSO LESS AND IXCXPT, TV&t certain parcel of land lying in and being a part of sections 23 and 24, %ownship $1 south, Range 26 East, Collier, County, Florida, being bore particularly described a■ follows, coanence at the Northeast corner of said section 231 thence run HIS9511S3411, along the North line of said section 33, a distance of 219.01 feats thence leaving said section line, run 539*46'43"N a distanpa of 711.61 feats thence run s50*13117•t a distance of 1,515.63 feet; thence run S39*46843"N a distance of 1,OSO.00 fasts thence run 630.13117"L a distance of 50.00 lost to the POINT or.SL0imsa of the parcel of land bereinafter dateribeds thence continue 95001*3'17"9 a distance of 739.75 leets thence run 039846943ei a distance of 706.62 feats thence run HSOa131170M a ,distance of 739.75 facts thence run s39*46143"K a distance -of 706.62 feet to the Point Of saginning.(CCSD2) r� ALSO LESS AND EXCIPT Ac 50A ire No. I LL QEr ' ? 2000 P,%. --UL- Page 9 of 20 vn. cu.iu fu, V#r.c That certain parcel of land lying in and being a part of section 22. Township SI south, Range 26, Cast. Collier county, rierida, being wore particularly described ai follows# Copsenee at the Northeast corner of said Section 221 thence run 1488094151"w, along the North line of said section 22, e distance of 1.676.60 feet# thence leaving said section Ila*. run 901001009"V a distance of 137.84 feet to the POINT Or stOINNIHO of the parcel of land hereinafter described#' thence continue 301001109"w a distance of 113.75 testi thence 33800012109 a distinct of 1S4.32 teetl theace SS1069139"Y a distance of 296.11 fast to thepoint of curvatura of a circular C curve to the right having a radius of 950.00 Cast# thence run C southwesterly along the arc of said curve through a central angle of'190071320 for a distance of 317.11 fast to the end of c a said eurvei thence run N160521496X, radial to the last f described curve, for a distance of 101.10 fest, thence 43 W30934419•V a distance of 149.24 Coati thence N09020100"w a distance of 106.S5 feet# thence 111004305509 a distance of 146.72 feet: thence H040231230C a distance of 177.72 fast: thence 1"03030154"C a distance of 126.79 feed thence wo304s'241w a distance ot'117.09 fast# thence run N15000'4S0v distance of 135.05 Costs thence N174221401w a distance of 97.9; - feat# thence H34039'401C a distance of 37.31 fast: thence Nao014113"t a distance of 114.61 feet# thence N720371400C e distance of 130.56 tests thence N820311011C a distance of 151.21 tests thence N77044112"C a distance of 141.11 feet to the Joint of Beginning.fCCss31 ALSO LESS AND 6YCIPT That certain parcel of land, lying in sections 24 and 25, Mwnship 51 South, Range 26 Last, Collier County, rlorid►, ing more particularly described as follows: i Commence at the Northeast boundary corner of said section 24. thence along the Cast boundary of said section 24 900015121'w distance of 4,476.41 feet to a point on said boundary: thenal. leaving said Cast boundary H8e0281101w a distance of 201.60 fest$ thence H850181351w a distance of 164.23 Cast# thence H2O038143"w a distance Of 62'.59 testi thence N010341410w a distance of 95.19 feet# thence N236/2'39•t a distance of 130.40 #sett thence 060016111't a distance of 306.41 Cacti thence H06016117"t a distance of 34.66 Coati thence N42029124411 a distance of 116.91 faett thence N100071111w a distance of 101.10 feet# thence N10056120"t a distance of 105.37 feet: thence H250221430C a distance of 103.06 feet# thence H29•46'39"C a distance of 75.60 feett thence N37928109"C e distance of 50.11 Cast# thence N100291590w a distance of 79.14 Ceett'thence N440521321w a distance of $4.42 feet: thence N630341S3'w a distance of 64.07 Cast; thence N/20331240w a distance of 120.12 feet: thence N010531334t a distance of 116.69 feet: thence N400211460w a distance of $2.95 feet to the POIid Or scoiNHINO of the parcel of land hereinafter described; thence SS9022121"w a distance of 73.73 feet: thence 3250391350w a distance of 96.53 feats thence s00f0514919 a distance of. 73.02 feet{ thence SIS0131390C a distance of 140.97 test$ thence 917032107019 a distance of 160.04 feet: thence 50304612501t a distance of 141.33 feet: thence s20•30'53'x a distance of 147.93 tests thence 904059'45109 at distance of 137.15 feet: thence 30400/1120w a distance of 101.72 (sets thence 239033002"w a distance of 119.95 ,Casts thence s370191100w a distance of 162.49 (matt thence 9220371490w a distance of 51.15 feet: thence s100SS1249C a distance of 140.47 Cast$ thence 9360230560w a distance of 106.60 fest: thence 60101210609 a distance of 153.50 feett thence b31009'560C a distance of 62.54 feet: thanes N6904612409 A distance of 9$.29 Page 10 of 20 DEC 12 2000 Pg.- • v.•. a.VVV •V. WIGM Leet: thence 896.16.33•[ a distance of 109.10 teat, thence S4500241distance7of 67.al,tance feots thence K3. 11,tf 11 Cha ate U690distance of e •• • distance of the 5.42 ' ,tet: thence 919.35033•9 .41destanee of 11.12 Leet thence 611.1603109 s distance Of 3:.93 6666: tlitnee Xfi•0j•43•x distance of 14.51 toots thence 612.06.14•N a distance of 74.75 fonts thence 609.04.171C a distance of 111.11 feotrthence 973026.590: a distance of 151.96tests thence 6&9944. 52"c a distance of 36.61 facts thence X219 40 44 w a distance o[ 96.89 feat: thence s25933.38•N a distance of 41.01 nar the t: Lee X17•30'00•V a dtstanee of 86.22 feats thence 6295the distance of 81.21 (eats thence N45•09.11`N a distance f 2366.69 foots thence 900.11.29'[ a dtstanee Of 36S 00 feet: thence S89•44•32•t a distance of 37S.00 feat: thence • 914.04.1949 a distance of 149.11 tests thence 979.01654•C a distance of 464.64 foots thence N61.231170C a dtstanee of . 447.94 feats thence 61944413219 a disttneef 264.73 feet thence 600.13129•N a distance of 141.70 feet to the Point of o baginning.0US) ' C C Less and except therefrom property conveyed to Board of county comnfissioners of Collier County, Florida, as recorded in Official -Records Book 1755, Page 3611 as mora particularly described as follows: i�. x]111'; fiat pant of the Northaast 114 of Saotion 15, Township 51 south, Rang& 26. East, Collier County, • Florida and being morn particularly dosloribad as a follows; It Commencing at the Southwesterly Uost corner of • Championship Drive, Marco Shores Unit 30 Colt course, Plat Book 17, Pages 98 through 103, Collier County, Florida] thence along tha Southerly lista of said Chaxpionehip Driva South 89 dagrnes-13-520 Hast 35.40 fast to the Point of Beginning of the parcel herein described; thence continua along said line South a9 -degrees- -13f-520 East 209.79 feetj thenoe. leaving said line South 00 degrees _181-4311' West 153.94 feet) thence North 86 degrees -070'-06 Hast 110.00 feet; thenoe Horth 00 de7rreas-18-43• East 147.96 feet to the Point of Begiming. ACithsr�A ITC_ciN DEC ' 2 2000 PQ._L�3 Page 11 of 20 OR: 2656 PG: 0724 SCHOOL SITE NO. 1 - Legal Description That certain parcel of land lying in and being a part of Section 22, Township 51 South, Range 26 last, Collier County, Florida, being more particularly described as follows: Commence at the Northeast•corner of said Section 221 thence run N 88.581510 W, along the North line of said section, a distance of 462.41 feet to the POINT OF BEGINNING of the parcel of land hereinafter described) thence continue N 88.58051" W, along the North line of said section, a distance of 1,214.19 feet) thence leaving said Section line, run S 01.01009" W a distance of 971.59 feet) thence run S 38.00021" E a distance of 154.52 faett thence run N 31.59'3911 E a distance of 97.46 feet to the point of curvature of a circular curve to the right having a radius of 2,050.00 feet; thence run Northeasterly along the are of said curve, through a central angle of 22.520110, a distance of 818.26 feet to the point of tangency; thence run N 74.51150" E a distance of 490:03 feet) thence run N 15'08110"W a distance of 538.74 feet to the Point of Beginning. Containing 23.60 acres, more or less. r Page 12 of 20 DEC 12 moo Ps.Lj o • . OR: 2656 PG: 0725 MULTI -FAMILY SITE Legal Description That cirtain parcel of land lying in and being a part of section 22, Township 51 South, Range 26 East, Collier County, Ficrida, being more particularly described as follows: commence at the Northeast corner of said Section 22; thence run N as*58051" W,•along the North line of said Section 22, a distance of 1,676.60 feet; thence leaving said *Section line, run S 01.01109" W a distance of 157.84 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence continue S 01'01109" W a distance of 813.75 feet; thence S 38.00121" E•a distance of 154.52 feet; thence S 51'59139" W a distance of 286.11 feet to the point of oul-vature of a circular curve to the right having a radius of 950.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 19.07132" for a distance of 317.11 feet to the end of said curve; thence run N 18.52'49" W, radial to the last described curve, for a distance of 102.10 feet; thence N 30.34)19" W d distance of 149.24 feet; thence N 09.20"00" W a distance of 100155 feet; thence N 10.43155" E a distance of 146.72 feet; theAce It 04'23,125" E a distance of 177'.72 feet; thence N 03'30154" E a distance of 126.7p feet) thence N 03148124" W a distance df 117.09 fest;,thence run N 15.00145" W a distance of. 135.05 feet; thence N 17.22140" W a distance of 97.99 feet; thence N 54.39"'40" E a distance, 'of 57.32 feet; thence N 80.14113" E a distance of 114.61'feetT thence N 72.37140" E a distance of 130.56 feet; thence N 82.37101" E a distance of 151.24 feet; thence N 771441121' E a distance of 141.11 feet to the Point of Beginning. Containing 13.20 acres, more or less. V Page 13 of 20 ACsEJvi. lT�i�A DEC 12 2000 P'. 16T OR: 2656 PG: 0726 That portion of the South 1/2 of the South 1/2 of the Southwest 1/4 lying East of State Road 951, Section 15, Township 51 South, Range 26 East, less right-of-way for state Road 951 described in that certain deed recorded in official Records' Book 1166; pages 1070-1071, of the Public Records of Collier County, Florida. Page 14 of 20 t4 OR; 2656 PG: 0727 LWAL DBSCl nM0N A parcel of land located in a portion of Secpon 13, Township 51 South, Range 26 Bast„ Collier County, Florida, being more particularly described as follows: Dnk at the Southwest corner of the Southwest one-quarter of Section 13, Township 51 South, Range 26 East, Collier County, Florida; thence run N.00'25148"W., along the West line of the Southwest one-quarter of said Section 13, fora distance of 1,424.99 feet; thence maN.89056'520B., for a distance of 2,599.20 feet; thence run S.00'00''38"W., for a distance of 652.56 feet; thence run 5.89' 1728"E., for a distance of 1,605.24 feet; thence run S.88.52'17'B., for a distance of 1,185.93 feet; thence run 5.00 °23'21 "W., for a distance of 826.75 feet to a point on the South line of the Southeast one-quarter of said Section 13; thence run N.88'59'33"W., along the South line of the Southeast one-quarter offor &distance of2,661.04 feet to the Southeast comerofthe Southwest ono- . quarter of said Section 13; thence run N.88'58'40"W., along the South line of the Southwest one- quarter of said Section 13; for a distance of 2,713.39 feet, to the koint of eginnin¢ ,containing 139.183 acres, more or less. C, Page 15 of 20 ACirJ�.+ti 17 i1�A mo DEC 1, 2 2000 pa.� OR: 2656 PG: 0728 '�xx LEGALDBSCRirnoN A parcel of land located in a portion of Section 13, Township 51 South, Range 26 But. Collier County, Florida, being mole par ioolady dowled as follows: Rain at the Southweat•eomer of tha $oudmest pn&quatter of Section 13. Township 51 South, Range 26 East. Collier County, Flodda; thcm rnm N.00.2548'W.. 11oe9 the west line of the Southwest an"uarterofsaidSoetioa 13, fbr adistaaeeof 1,424;99 feet; thence radIL89'505M, for a distance of 2,599.20 feet; thence nm S.00'00'38"W, for a distance of 65236 feet; theaee run S.89' 17'28"F, for a distance of 1,605.24 feet; thence nm SAVS2117"E.. for a distance of 1.18593 feet; thence nm S.00623'21"9, for a d'tstanee of 826.7S feet to a point on the South line of the Southeast one-quarter of said Section 13; a mee nmN.88'59133'W, along The South line of the Southeast on"uarteroffor &distance of2,661.04 feetto the Southeasteomer oftheSoutlrwest one- quarter of said Section 13; thenee run 14.88'58'40"W, along the South line of Ihe Southwest One- quarter no-quarter of said Section 13; for a distance of 2,713.39 feet, to the poi. nt o0eaimdnr containing 139.183 acres, snore or less. V. V DEk: t 4 2000 Page 16 of 20 PS•1150 (DY Associates) Parcel l OR: 2656 PG: 0706 The West %2 of Section 13, Township 51 Soutb, Range 26 East, Collier County, Florida Parcel 2 All that part of the East %2 of Section 13, Township 51 South, Range 26 East, Collier County, Florida, lying southwesterly of the right-of-way line of US 41. Parcel 3 The West %2 of Section 19, Township 51 South, Range 27 East, Collier County, Florida. --pmel 4 All that part of Section 18, Township 51 South, Range 27 East, Collier County, Florida, lying southwesterly of the right-of-way of US 41; LESS the following described parcel; Commencing at.the southeast corner of Section 18, Township 51 South, Range 27 East, Collier County, Florida; thence along the southerly line of said Section 18, North 89 034'04" West 1939.73 feet; thence leaving said southerly line of said Section 18, North 00 °31'32" East 2639.72 feet to the right-of-way line of US 41; thence along said right-of-way line, South 54020'43" East 2371.72 feet to the east line of said Section 18; thence along the said east line, South 00 °31'32" West 1271.82 feet to the southeast comer of said Section 18 and the Point of Beginning. Subject to easements, restrictions, and reservations of record. Bearings are based on the southerly line of said Section 18 as being North 89°34'04" West. Parcel contains 294.00 acres more or less. LESS AND EXCEPT that property described -on Exhibit "B" A k e.4here AC+�hvITFJu} 4a �-z C_ Page 17 of 20 DEC 12 2000 - LECTAL DESCRIPTION OR; 2666 PG; 0707 A parcel of land located in a portion of Section 13, Township 51 South, Range 26 Bast, Collier County, Florida, being more particularly described as follows: Be'n at the Southwest comer of the Southwest one-quarter of Section 13, Township 51 South, Range 26 East, Collier County, Florida; thence tun N.00°25'48"W., along the West line of the Southwest one-quarter ofsaid Section 13, fora distance of 1,424;99 feet; thence rata N.89 °5652"E., for a distance of 2,599.20 feel; thence run S.00"0038"W., for a distance of 65256 feet; thence run S.89"17'28"E., for a distance of 1,605.24 feet; thence run S.88 1521170S.. for distance of 1,185.93 feet; thence run S.00°23'21"W., for a distance of 826.75 feet to a point on the South line of the Southeast one-quarter of said Section 13; thence run N.88 °59'33"W.,.along the South line of the Southeast one-quarteroffora distance of2,661.04feet to the Southeast comeroftht Southwest one-- quarter no-quarter of said Section 13; thence run N.88 °58140"W., along the South line of the Southwest one- quarter of said Section 13; for a distance of 2,713.39 feet, to the Point of A 'nnin , containing 139.183 acres, more or less. �` Page 18 of 20 A(stiv:wA fY.].f OEC 12 2000 The SE'/, of the NE'/. of the NE 1/4, Section 14, Township 51 South, Range 26 East, Public Records of Collier County, Florida. Subject to easement for road purposes over the south fifty (50) feet and the east Fifty (50) feet thereof. Page 19 of 20 AG�:f.::r. ITr3v/ DEC 12 2000 Pg.14_1 -__ . r • LEGAL DESCR(PT10N: THE WEST ONE-HALF' OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTEF _ OF THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 51 SOUTH,. ' RANGE 26 EAST, SITUATED AND LYING IN COWER COUNTY, FLORIDA. THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER AND THE ' EAST ONE --HALF OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF OF SECTION 14, TOWNSHIP 51 SOUTH, 'RANGE 26 EAST, SITUATED'AND LYING IN COLLIER COUNTY, f'LORIDA. AND THE SOUTHWEST ONE—QUARTER OF THE SOUTHEAST ONE—QUARTER; THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER. LESS THE WESTERLY 100 FEET TFIEREOF; THE SOUTHERLY 124.29 FEET OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER; "THE SOUTHERLY 12,4.29 FEET OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, LESS THE WESTERLY 100 FEET THEREOF; ALL IN SECTION 11, TOWNSHIP. 51 SOUTH, RANGE 26 EAST, .SITUATED AND LYING IN COLLIER COUNTY, FLORIDA. THIS PROPE-RTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN +HEREON REFER TO THE SOUTH LINE OF THE 'SOUTHEAST ONE-QUARTER OF SECTION 11. TOWNSHIP 51 SOUTH, RANGE' 26 EAST, COLLIER. COUH.TY. FLORIDA, AS BEING S.88'20'44"E. ENVIRONMENTAL CONCERNS, 'WILDLIFE POPULATIONS AND JURISDICTIONAL WETLANDS, IF ANY, HAVE NOT BEEN LOCATED ON THIS SURVEY. LEGAL DESCRIPTION WAS PROVIDED BY CLIENT. PROPERTY AREA: 157.074 ACRES, MORE OR LESS. THIS PROPERTY WAS VACANT ON 6/21/99. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL -OF A FLORIDA UCENSEO SURVEYOR AND MAPPER. CERTIFIEO' T0: GULF BAY 100, LTD WOOOWANO. PIRES, & LOMBARDO, P.A. CHICAGO TITLE INSURANCE COMPANY I 'HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRI13ED PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 6/21/99. 1 FURTHER CERTIFY THAT THIS SURVEY' MEETS THE MINIMUM TECHNICAL STANDARDS -FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT TO CHAPTER. 61G17-6. F.A.C. _ AGE h,i. l•i,.:hA HOLE, MONTES AND ASSOCIATES, INC.—L�✓ CERTIFICATE OF AUTHORIZATION L8 41772 eY P.S.M. x{5628 DEC 12 2000 THOMAS M. M RP Y STATE OF FLORIDA Page 20 of 20 �� I Exhibit "PC -F" _ �� 8• w N p M �. 0 b I�: a i -.`R.L ------ N O O O O O O r A 0 . 00 on • - _ �s W> o O a (�J) ir- 1'� W m 0 0 w 0 V 00 b a Q Q m�; o U W V) W ir- 1'� W m 0 0 w 0 V 00 b a o Prepared March 27, 2018 Marco Shores / Fiddlers Creek PUD (PL20160002496) Application and Supporting Documents April 19, 2018 CCPC Hearing & May 22, 2018 BCC Hearing Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com August 7, 2017 Nancy Gundlach, AICP, RLA Principal Planner Zoning Services, Planning & Zoning Department Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 RE: Fiddlers Creek PUD Amendment – PL20160002496 Dear Ms. Gundlach: On behalf of our client, FCC Commercial LLC, we are submitting an application for an Amendment to a PUD for the above referenced project. The proposed amendment to the Marco Shores / Fiddlers Creek PUD is being requested in order to modify the DRI/PUD to add new project access points on U.S. 41 and amend the Master Plan to better reflect the as-built conditions within the project, as well as the anticipated future development for the project. A summary of the proposed changes are listed below. The changes do not result in an increase in residential or commercial development within the project. In support of the proposed DRI/PUD amendment, the applicant has provided a traffic impact analysis. This analysis concludes that there are no local or regional transportation issues resulting from the revised location of a portion of the commercial development within the project. A companion Collier County Growth Management Plan amendment has been filed for the project. A majority of the project is located within the Urban Coastal Fringe Future Land Use Category. A portion of the project is located within the Neutral Lands designated area of the Rural Fringe Mixed Use District. A prior Future Land Use Amendment authorized the previously vested and approved residential dwelling units to be redistributed within the Neutral Lands so long as no additional units were added to the DRI. The applicant proposes to modify the Neutral Lands text to also permit the vested and previously approved commercial development to be redistributed within this portion of the project. The summary of the proposed changes are as follows: Nancy Gundlach, AICP, RLA RE: Marco Shores / Fiddlers Creek PUD Amendment – PL20160002496 August 7, 2017 Page 2 of 2 Summary of Proposed Changes to DRI/PUD  Create new map H and PUD master plan to reflect reallocation of commercial (B, Business) acreage to area on U.S. 41 near new project entrance. o No new commercial square footage is proposed.  Revise map H and PUD master plan to better reflect as-built community plan and add two new project access points on U.S. 41.  Update land use acreages breakdown based on revised master plan in section 2.3 of PUD.  Amend section 3.4 (a) Group Care Facilities to delete parcel location references and replace with more specific location option.  Amend section 6.8 to show increase in potential B, Business area acreage. Maximum of 325,000 sq. ft. of intensity to remain unchanged.  Remove/amend reference to remaining/additional golf courses (which have never been developed) in §4.D.1 of DRI DO and §11.4 of PUD and as necessary related Master Plan amendment Please contact either Bruce Anderson at 659-4942 or me if you have any questions. We look forward to working with you on this exciting industry expansion project. Sincerely, D. Wayne Arnold, AICP Enclosures Cc: FCC Commercial LLC Aubrey J. Ferrao Tony DiNardo Joseph Livio Parisi, Esq. R. Bruce Anderson, Attorney at Law GradyMinor File FCC Commercial LLC 8156 Fiddler’s Creek Parkway Naples FL 34114 (239) 732-9400 dinardoa@gulfbay.com / parisij@gulfbay.com D. Wayne Arnold, AICP / Richard D. Yovanovich, Esq. Q. Grady Minor and Associates, P.A. / Coleman, Yovanovich & Koester, P.A. 3800 Via Del Rey Bonita Sprins FL 34134 239.947.1144 warnold@gradyminor.com / ryovanovich@cyklawfirm.com COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 2 of 16 DISCLOSURE OF INTEREST INFORMATION Please complete the following information, if space is inadequate use additional sheets and attach to the completed application packet. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership Please see Exhibit 1 - Disclosure List Identifying Owners COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 3 of 16 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: _________________ h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Not Applicable Not Applicable 2000, 2002, 2008, 2011, 2014 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 4 of 16 REZONE REQUEST This application is requesting a rezone from: _________________________ Zoning district(s) to the ________________________________ zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________ Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: x If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; x The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and x The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________ Address/ General Location of Subject Property: __________________________________________ __________________________________________________________________________________ PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ PUD PUD Developed and undeveloped, golf course, residential and commercial Residential, commercial and golf course Fiddler's Creek PUD 84-42 (as amended) 51S 26 E & 27E Please see Exhibit 2 Please see Exhibit 3 3,931.99 Located south of the intersection of U.S. 41 (Tamiami Trail East) on the east side of Collier Blvd, west of U.S. 41. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 5 of 16 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Metes & Bounds Description: _________________________________________________________ ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774 . Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Please see Exhibit 5 developed and undeveloped commercial and residential A and CON-ST Undeveloped and conservation Please see Exhibit 5 developed and undeveloped commercial and residential Please see Exhibit 5 developed and undeveloped commercial and residential COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 6 of 16 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 7 of 16 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? __________________________________________________________________________________ __________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed “closed” will not receive further processing and an application “closed” through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. NO COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 11 of 16 Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary Completed Application with required attachments Pre-application meeting notes Affidavit of Authorization, signed and notarized 2 Notarized and completed Covenant of Unified Control 2 Completed Addressing Checklist 2 Warranty Deed(s) 3 List Identifying Owner and all parties of corporation 2 Signed and sealed Boundary Survey 4 Architectural Rendering of proposed structures 4 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 5 Statement of Utility Provisions 4 Environmental Data Requirements pursuant to LDC section 3.08.00 4 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 4 Traffic Impact Study 7 Historical Survey 4 School Impact Analysis Application, if applicable 2 Electronic copy of all required documents 2 Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD Checklist continued onto next page… COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 12 of 16 Revised PUD document with changes crossed thru & underlined Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.” PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nichole Ryan Utilities Engineering: Eric Fey Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: ASSOCIATED FEES FOR APPLICATION Pre-Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 2800 NORTH HORSESHOE DRIVECOLLIER COUNTY GOVERNMENT NAPLES, FLORIDA 34104GROWTH MANAGEMENT DEPARTMENT www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Page 13 of 162/21/2017 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. ___________________________________ _____________ Signature of Petitioner or Agent Date January 10, 2018 Page 1 of 7 MARCO SHORES/FIDDLER’S CREEK DRI EXHIBIT 1 Entity Name Address Officers/Managers Percentage Ownership FCC Commercial, LLC [Florida] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% FC Oyster Harbor, LLC [DE] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Anthony DiNardo, Authorized Representative Steven Kempton, Authorized Representative FCC Preserve, LLC TM Oyster Harbor, LLC 50% 50% FCC Golf Club, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% FCC Aviamar, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% FCC Creek, LLC [DE] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Jeff Slahor, Manager GBFC FCC Creek, LLC Fiddler’s Land Investor, LLC 50% 50% FCC Marsh, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% Page 2 of 7 Entity Name Address Officers/Managers Percentage Ownership FCC Preserve, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% FCC Veneta, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% GB Hidden Cove, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer FEAU III Hidden Cove, LLC, LLC Fiddler’s Creek, LLC [DE] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek Community, LLC 100% Fiddler’s Creek Community, LLC [DE] 8156 Fiddler’s Creek Parkway Naples, FL 34114 GBFC II, LP. Manager GBFC II, L.P. GBFC II Two, LLC 50% 50% Page 3 of 7 Entity Name Address Officers/Managers Percentage Ownership GBFC II, L.P. [DE] 8156 Fiddler’s Creek Parkway Naples, FL 34114 GBFC II, LLC, General Partner Gulf Bay 100, Ltd. 100% GBFC II Two, LLC [DE] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Gulf Bay 100, Ltd. Aubrey J. Ferrao 100% Gulf Bay 100, Ltd. [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Gulf Bay 100, Inc., General Partner Aubrey J. Ferrao Gulf Bay 100, Inc. 99% 1% Gulf Bay 100, Inc. [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Aubrey J. Ferrao 100% GBPenn LP, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Aubrey J. Ferrao 100% GB 31, Inc. [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Aubrey J. Ferrao 100% Page 4 of 7 Entity Name Address Officers/Managers Percentage Ownership GBFC FCC Creek, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Aubrey J. Ferrao 2012 Irrevocable Trust Aubrey J. Ferrao Tina Ferrao 49% 50% 1% FEAU III Hidden Cove, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Aubrey J. Ferrao 100% TM Oyster Harbor, LLC [FL] 4900 N. Scottsdale Road Suite 2000 Scottsdale, AZ 85251 Taylor Morrison of Florida, Inc., Managing Member Caroline G. Estrada, Asst. Secretary John Steven Kempton, President Cammie Longenecker, VP S. Todd Merrill, Asst. Secretary Douglas D. Miller, VP Russell Palka, VP Darrell C. Sherman, Secretary, Executive Vice President, Chief Legal Officer Anthony (“Tony”) Squitieri, VP Louis E. Steffens, VP David Truxton, Authorized Agent - Land Jason Besse, VP Tracy Briones, VP C. David Cone, CFO, Executive Vice President Andrew (“Andy”) Sorensen, VP Christopher Long, VP Taylor Morrison Home Corporation (Public Company) 100% Fiddler’s Land Investor, LLC [DE] Private company Information not available Mount Kellett Page 5 of 7 Entity Name Address Officers/Managers Percentage Ownership Taylor Morrison of Florida, Inc. [FL] 4900 N. Scottsdale Road Suite 2000 Scottsdale, AZ 85251 Louis E. Steffens, Director, President Caroline G. Estrada, Asst. Secretary S. Todd Merrill, Asst. Secretary, VP John Steven Kempton, VP Cammie Longenecker, VP Douglas D. Miller, VP Russell Palka, VP Darrell C. Sherman, Secretary, Executive Vice President, Chief Legal Officer Anthony (“Tony”) Squitieri, VP John Asa Wright, Authorized Agent – Vertical/Purchasing Carol Thompson, VP Tracy Briones, VP Jason Besse, VP Duane Sistik, Authorized Agent – Vertical/Purchasing Stephen M. Atwood, VP Lymari Torres, Authorized Agent – Finance Rolando (“Rollie”) P. Gonzalez, VP Jeffrey Deason, VP Joseph (“Joe”) Fontana, Director, VP Larry Mull, VP Andrew (“Andy”) Sorensen, VP Ryan Fulmer, Authorized Agent – Finance Melanie Mickie, Authorized Agent – Sales Brian Brunhofer, VP Bernard (“Bernie”) Pallardy, VP Kristy Boss, VP Amy Jackson, Authorized Agent – Finance Andrew (“Drew”) Miller, Authorized Agent – Land Patrick (“Brian”) Dalrymple, VP Bob Thorne, VP Michael Bachman, VP David Truxton, Authorized Agent - Land C. David Cone, CFO, Executive Vice President Andrew (“Andy”) Sorensen, VP Christopher Long, VP Taylor Morrison Home Corporation (Public Company) Page 6 of 7 MARCO SHORES/FIDDLER’S CREEK GMPA EXHIBIT 2 Entity Name Address Officers/Managers Percentage Ownership FCC Commercial, LLC [Florida] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% FC Oyster Harbor, LLC [DE] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Anthony DiNardo, Authorized Representative Steven Kempton, Authorized Representative FCC Preserve, LLC TM Oyster Harbor, LLC 50% 50% FCC Golf Club, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% FCC Aviamar, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% FCC Creek, LLC [DE] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Jeff Slahor, Manager GBFC FCC Creek, LLC Fiddler’s Land Investor, LLC 50% 50% FCC Marsh, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% Page 7 of 7 Entity Name Address Officers/Managers Percentage Ownership FCC Preserve, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% FCC Veneta, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Manager Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Creek, LLC 100% GB Hidden Cove, LLC [FL] 8156 Fiddler’s Creek Parkway Naples, FL 34114 Aubrey J. Ferrao, Director, President and CEO Marissa Ferrao, Director, Vice President Daniel Ferrao, Director, Vice President Eva Ferrao, Director, Vice President Tina Ferrao, Director, Secretary Anthony DiNardo, Treasurer Fiddler’s Land Investor, LLC [DE] Private company Information not available PROPERTY DESCRIPTION Parcel 1 A parcel of land located in Sections 11 14 15 22 23 24 and 25 all being in Township 51 South Range 26 Easl Collier County Florida being more particularly described as follows I BEGIN at lhe Nodheasl comerof Section 22 Township 51 South Range 26 East Collier County Florida thence run Nodh 885851Weal along lhe North line of the Northeast 14 of said Section 22 for a distance of 273826 feet to the North 114 corner of said Section 22 thence run North 001843East along the East line of the Southwest 14 of said Section 22 for a distance of 69526feet Thence run N 885811W for a distance el 142207 feet to a point on the Easterly rightofway line of State Road 951 a 20000 foot rightofwaythence run South 022939West along Ihe Easledy rightofway line of State Road 951 for a distance of 223243feet Ihence run South 865419 East for a dislance of 132220feet thence run South 892722East for a distance of 12579 feet thence run South 803836East for a distance of 8682 feet thence run South 485739Easl for a distance of 14349 Ieet lhence run South 223828East for a distance of 10119 feet Ihence run South 071634East for a dislance of 15901 feel lhence run South 222703Easl for a distance of 8097 feet Ihence run South 515053East for a distance of 12440 feet thence run South 740440East for a distance of 14406 feet Ihence run South 854526Easl for a distance of 18762 feet thence run Nodh 820211East for a dislance of 10847 feel Ihence run Nodh 286336Easl for a distance of 10427 feet thence run Horth 102656East for a distance of 8733 feet thence run North 460957East for a distance of 16184 feet thence run Nodh 684014 East for a distance of 19180 feet thence run Nodh 790854East for a distance of 12122 feet thence run South 873302East for a distance of 27566 feet thence run South 853634East fo a distance of 19637 feet thence run South 873951East for a distance of 18504 feet Ihence run South 872143Easl for a dislance of 10583 feet Ihence run Nodh 855157 East for a distance of 8675 feet lhence run South 875025East for a dislance of 5397 feet thence run South 4321 06 East for a distance of 9683 feet Ihence run South 895117 East for a dislance of 5510 feet Ihence run South 124505East for a distance of 4821 feet ihence run South 541748 East for a distance of 25273 feet lhence run North 553051 East for a distance of 8375 feet lhence run North 745613East for e distance of 6415 feet lhence run South 820755East for a dislance of 6059 feet thence run South 513621 East for a distance of 15930 feet thence run South 001144Wesl for a distance of 12056 feel thence run South 021206West for e distance of 16685 feet thence run North 803408East for a distance of 10680 feel lhence run South 775252East for a distance of 12293 feet thence run Nodh 851120East for a distance of 11584 feet thence run South 733125East for a distance of 10653 feet thence run Nodh 785826East for e distance of 5197 feet thence run Nodh 054154East fore distance of 12598 feet thence run North 01 4154 East for a distance of 7772 feet thence run North 154351East for a distance oi 16405 feet thence run North 215544East for a distance of 14105 feet thence run North 235120 East for a distance of 14254 feet thence run North 534738East for a distance of 11607 feet thence run North 880101 East for a distance of 14507 feet thence run North 380059East for a distance of 36942 feet thence run North 394319East for a distance of 29943feet thence run North 444834East for a distance of 10844 feet thence run North 742058 East for a distance of 10117 feet thence ran North 772810East for a distance of 11754 feet thence run North 412916East for a distance of 10286 feet thence run North 162545East for a distance of 6807 feet thence run North 321613East for a distance of 9928 feet thence run North 560735 East for a distance of 11520 feet thence fun North 225312East for a distance of 13257 feet thece run rlorth 345540East for a distance of 8102 feel thence run North 671428East for a distance of 6826 feet thence run North 760718East Iora distance of 7737 feet thence run South 861959East for a distance of 26341 feet hence run South 141546East for a dislance of 8369 feet thence run South 235659West for a distance of 5861 feet thence run South 565017West for a distance of 14177 feet thence run South 481420 West for a distance of 11087 feet thence run South 465904West fro a distance of 8608 feet tIence run South 241717West for a distance of 7868 feet Ihence run South 590357East for a distance of 3226 feet thence run South 761425 East for a distance of 28774 feet thence run South 870056East for a distance of 15116 feet thence fun South 682626 East for a distance of 11550 feet thence run South 431327East for a distance of 11277 feet thence run South 183402East for a distance of 22003 feet thence run South 211818East for a distance of 17200 feet thence run South 183308East for a distance of 16352 feet thence run South 764426East for a distance of 12593 feet thence run North 742622East for a distance of 11509 feet thence run North 473417 East for a distance of 5595 feet thence run North 120643West for a distance of 6972 feet thence run North 311844West fof a distance of 10054 feet thence run North 163857West for a distance of 13388 feel Ihence run Nodh 095300Easl for a distance of 21352 feet Ihence run North 482823East for a distance of 11996 feet thence run North 873026East for a distance of 3364 feet thence fun South 323751East for a distance of 13809 feel thence run South 405224East for a distance of 12501 feet thence run South 391722East for a dislance of 11506 feet thence run South 621824East for a distance of 14581 feet thence run South 612150 East for a distance of 12140 feet thence run South 594944East for a distance of 11557 feet thence run South 745034 East for a distance of 9471 feet thence run North 242443 East for a distance of 9183 feet thence run North 405229East for a distance of 24762feet thence run North 402340East for a distance of 27626 feet thence run North 395320 East for a distance of 41153 feet hence run South 581326East for a distance of 96209 feet thence run South 190918East for a distance of 9631 feet thence run South 084522West for a distance of 12108 feet thence run South 132507West for a distance of 15904 feet thence run South 200246West for a distance of 18988 feet thence run South 571910 West for a dislance of 55988 feet thence run South 770505West for a distance of 32757 feet Ihence run South 431414West for a distance of 40158 feet Ihence run North 660810West for a distance of 5449 feet thence run South 640714West for a distance of 4431 feet thence run South 482322West for a distance of 3508 feet thence run South 111006West for a distance of 17479 feet thence run South 041255West for a distance of 15170 feet thence run South 002651East for a distance of 13106 feet thence run South 075723 East for a distance of 5202 feet thence run South 053211East for a distance of 7370 feet thence run South 394225West for a distance of 6013 feel thence run South 752424West for a distance of 51363 feet Ihence run North 71 2516 West for a distance of 7808 feet thence run North 543146West for a distance of 29273 feet thence run North 365316West for a distance of 8854 feet thence run North 750238West for a distance of 10142 feet thence run North 580721West for a distance of 14539 feet thence run North 631652 West for a distance of 10054 feet thence run North 701601West for a distance of 5257 feet thence run North 761847West for a distance of 13912 feet thence run North 881846West for a distance of 11858 feet thence run South 782537West for a distance of 12058 feet thence run South 704234West for a distance of 5835 feet thence run South 543315West for a distance of 23673 feet thence run South 013317West for a distance of 30471 feet thence run South 300816 East for a distance of 19440 feet thence run South 013106 West for a distance of 13928 feet thence run South 240925East foa distance of 31735 feet thence run South 073957East for a distance of 61863 feet thence run South 051432 East for a distance of 4849 feet thence run South 863733 East for a distance of 14420 feet thence run Nodh 745846 East for a distance of 8450 feet thence run Nodh 894958East for a distance of 16694 feet thence run North 544025East for a distance of 15508 feet thence run South 870416 East for a distance of 18390 feet thence mn South 753001 East for a distance of 29256 feet thence run South 740729East for a distance of 16437 feet thence run rlodh531213East for a distance of 7741 feet thence run North 712237 East for a distance of 8520 feet thence run South 855326East for a distance of 9210 feet thence run South 832330East for a distance of 12898 feet thence run Nodh 685410 East for a distance elr 10070 feet thence run Nodh 553222East for a distance of 14801 feet thence run North 322517 East for a distance of 23505 feet thence run North 331422 East for a distance of 19906 feet thence run Norl h 483803East for a distance of 11162 feet thence run Nodh 400931East for a distance of 9663 feet thence run North 180303East for a distance of 28556 feet thence run North 585534East for a distance of 36704 feet thence mn South 723946 East for a distance of 9019 feet thence run South 680501 East for a distance of 8810 feet thence run South 322950East for a distance of 13426feet thence run Nodh 582015East for a distance of 100612feet thence run Nodh 084907 East for a distance of 12176 feet thence mn North 860120East for a distance of 7603 feet thence run South 815611East for a distance of 6299 feet thence run South 622255 East for a distance of 6106 feet thence run South 285542 East for a distance of 9672 feet thence run South 070501 East for a distance of 9849 feet thence run South 202401West for a distance of 9727 feet thence run South 643014Est for a distance of 11977 feet thence run Nodh 425749 East for a distance of 6857 feet thence run Nodh 192304East for a distance of 15814 feet thence run Nodh 752814 East for a distance of 44692 feet thence run Nodh 065607East for a distance of 17875 feet thence run Nodh 661210West for a dislance of 6359 feet thence run Nodh 712418 West for a distance of 12329 feet thence run Nodh 505300West for a distance of 11215 feet thence run Nodh 160421West fore distance of 8640 feet thence run North 285224East for a distance of 6266 feet thence run Nodh 694226East for a distance of 9121 feet thence run Nodh 885704East for a distance of 13796 feet thence run South 511523East fur a distance of 6698 feet thence run South 575946East for a distance of 9038 feet thence mn Nodh 835739East for a distance of 18560feet thence run South 695336 East for a distance of 10327feet thence run South 332720East for a distance of 4782 feet thence run South 01 0711 East for a distance of 17602 feet thence run South 571059East for a distance of 9042 feet thence mn South 595200East for a distance of 21596 feet thence mn South 405050East for a distance of 10090 feet thence run South 014110West for a distance of 22155 feet thence run South 442543East for a distance of 17722 feet thence run South 571706East for a distance of 19466 feet thence mn South 494129 East for a distance of 23447 feet thence run South 514512East for a distance of 28565 feet thence run South 464839 East for a distance of 7727 feet thence run South 552625East for a distance of 8785 feet thence run Nodh 833701East for a distance of 5443 feet thence run Nodh 593802East for a distance of 13338 feet thence run Nodh 860802 East for a distance of 7748 feet thence run South 670155 East for a distance of 11858 feet thence run South 450614East for a distance of 256069feet thence run North 295254 East for a distance of 8521 feet thence run North 273000East for a dislance of 8622 feet thence run 14orth 253558East for a distance of 4808 feet thence run North 21 4044 East for a distance of 9689 feet thence run North 694452 West for a distance of 3661 feet thence run South 752558West for a distance of 15166 feet thence run orth 090417West for a distance of 11755 feet thence run North 120614East for a distance of 7475 feet thence run North 460343East for a distadce of 7451 feet thence run North 124658West for a distance of 3283 feet thence run Nodh 195533West for a distance of 7492 feet thence run South 321157West for a distance of 8542 feet thence run South 692544West for a distance of 6721 feet thence run North 650217 West for a distance oi 7505 feet thence run North 861633West for a distance of 10950 feet thence run South 694824West for a distance of 9529 feet thence run llorth310956West for a distance of 6254 feel thence run Nodh 011206West for a dislance of 15358 feet thence run North 362356East for a distance of 10680 feet thence run North 105524 West for a distance of 14047 feet Ihence run Ilorth223748 East for a distance o1 5115 feet thence run North 371910East for a dislance of 16248 feel thence run North 193302 East for a dislance of 11895 feet thence run North 080812East for a distance of 10872 feel Ihence run Nodh 045951West for a distance of 13715 feet thence run North 203053 East for a distance of 14793 feet thence run North 034625East for a distance of 14833 feet thence run North 173207West for a distance of 18004 feet thence run North 151339West fo a distance of 14097 feet thence run Norlh 000549West for a distance of 7302 feet thence run North 253935East for a dislance of 9653 feet thence run North 592221 East for a distance of 7373 feet thence run South 402148East for a distance of 5295 feet thence run South 015333West for a distance of 11659 feet thence run South 823324East for a distance of 12072 feet thence run South 633853East for a distance of 6407 feet thence run South 445232East for a distance of 5442 feet thence run outh 102959East for a distance of 7918 feet thence run South 371809West for a distance of 5011 feet thence run South 294639West foa distance of 7580 feet thence run South 252243 West for a distance el 10306feel thence run South 105620West for a distance of 10537 feel thence run South 100711East for a distance of 10710 feet thence run South 422924 East for a distance of 11691 feet thence run South 081617 West for a distance of 3466 feet thence run South 601631West for a distance of 10648 feet thence run South 234239West for a distance of 13040 feet thence run South 085448 East for a distance of 85 feet thence run South 203843East for a distance of 6259 feet thence run South 851835 East for a distance of 16423 feet thence run South 862810 East for a distance of 20160 feet to a point on the East llne of Section 24 Township 51 Sorth Range 26 East Collier County Flodda thence run North 001528East elong the East line of said Section 24 for a distance of 447641 feet to the Northeast comer of said Senion 24 thence r North 885855West along the North ine of the Northeast 14 of said Secn24 for a distance of 271371 feet to the North 14 comer of said Section 24 thence run North 885902 West along the North line the Northwest 14 of said Section 24 for a distance of 271325feet to the Northwest comer of said Section 24 thence run North 002553West along the East line of the Southeast t4of Section 14 Township 51 South Range 26 East for a distance of 274982 feet to the East 14 Corner of said Section 14 thence continue North 002553West along the East line of the Southeast 114 of the Northeast 114 of said Section 14 for a distance of 137491 feet to the Southeast comer of the Northeast 14 of the Northeast 14 of said Section 14 thence run North 882009 West along the South line of the East 12 of the Northeast 14 of the Northeast 14 of said Section 14 for a distance of 69250 feet to the Southwest comer of the East 12of the Northeast 14 of tle Northeast 14 of said Section 14 thence run North 002011West along the West line of the East 112 of the Northeast 114 of the Nodheast 114 of said Section 14 for a distance 137788 feet to the Northwest comer of Ihe East 12 of the Northeast 114 of the Northeast 14 of said Section 14 thence run South 880459East along the North line of the East 12 of the Northeast 14 of the Northeast 114 of said Section 14 for a distance of 69034feet to the Northeast corner of said Section 14 thence run North 010045 East along the East line of the Southeast 14 of Section 11 Township 51 South Range 26 East for a distance of 274958feet to the East 114 comer of said Section 11 thence continue llorth 010045East along the East line of the Northeast 14 of said Section 11 for a distance of 55915 feet to a point on the Southerly fightofwayline of US Highway No 41 Tamiami Trail a 20000foot rightofway thence run North 542115West along the Southerly rightofwayline of US Highway No 41 for a distance of 124499Feet thence run South 011440West for a distance of 10000 feet thence run North 884520West for a distance of 1000 feet thence run South 011440West for a distance of 29315 feet thence run Nodh 542115 West for a dislance of 40000 feet to a point on the West line of the Southeast 14 of Ihe Northeast 14 of said Section 11 thence run South 011440West along the West line of Ihe Southeast 14 of the Northeast 14 of said Section 11 for a distance 108283feet to the Southwest comer of the Southeast 114 of Ihe Northeast 14 of said Section 11 thence run Soulh 011430West along the West line of the East 12 of the Southeasl 14 of said Seclion 11 for a distance of 274591 feet to the Southwest comer of the Easl 12 of he Southeast 114 of said Section 11 thence run South 001431East along Ihe West line of Ihe Northeast 14 of Ihe Northeast 14 of sailSection 14 for a distance of 138085 feet to the Southwest corner of the Northeast 14 of the Northeast 14 of said Section 14 thence run North 882010 West along the South line of the North 14 of said Section 14 for a distance of 415487 feet to the Southwest comer of the Northwest 14 o1 the Northwest 14 of said Section 14 thence run North 891352West along the North line of the South 12of the Northeast 114 of Section 15 Township 51 South Range 26 East for a distance of 273898 feet to the Northwest comer of the South 12 of the Northeast 14 of said Section 15 thence run South 001843West along the West line of the South 12 of the Nodhast 114 of said Section 15 for a distance of 139296 feet to the center of said Section 15 thence run South 890635 East along the South line of the Northeast 14 of said Section 15 for a distance of 273904 feet to the East 14 comer of said Secton 15 thence run South 001946West elong the East line of the Southeast 14 of said Section 15 for a distance of 278736 feet to the Southeast comer of said Section 15 and the POINT OF BEGINNING conlaining 16875109 acres more or less AND Parcel 2 A parcel of land located in Section 24 Townshlp 51 South Range 26 East Collier County Florida being more particularly described as follows COMMENCE at the Northeast corner of Section 24 Township 51 South Range 26 East Collier County Flodda thence run South 001528West along the East line of said Section 24 for a distance 467959 feet Io the POINT OF BEGINNING of the parcel of land heroin described thence run North 721244West for a distance of 8692 feet thence run North 6g2832West for a distance of 9414 feet Ihence run South 850550West for a distance of 8086 feet thence run South 783942 West for a distance of 7941 feet thence run South 465235West for a distance of 7676 feet thence run South 540510East for a distance of 6253 feet thence run South 811902East for a distance of 7138 feet thence run North 884742 East for a distance of 9752 feet thence run North 832732East for a distance of 8468 feet thence run North 842757East for a distance of 8273 feel thence run Nodh 001528East along the East line of Section 24 for a distance of 4322 feet to the POINT QF BEGINNING containing 0779acre more or less AND Parcel 3 A parcel of land located in Section 24 Township 51 South Range 26 East Collier County Florida being more particularly described as follows COMMENCE at the Northeast corner of Section 24 Township 51 South Range 26 East Collier County Florida thence run South 001528West along the East line of said Seclion 24 for a distance 479092feet to the POINT OF BEGINNING of Ihe parcel of land heroin described thence run Nodh 861535West for a distance of 5239 feet Ihence run South 563923West for a distance ot 6701 feet Ihence run South 123016West for a distance of 7405 feel thence run South 074740 East for a distance of 7735 feet thence run South 160358Easl for a distance of 12100 feet thence run South 345639East for a distance of 13699 feet thence run North 001528East along the East line of said Seclion 24 for a distance 41092 feet to the POINT OF BEGINNING containing 0824 acre more or less LESS ArlD EXCEPT THEREFROM PROPERTY CONVEYED TO DELTONA UTILITIES INC CO SOUTHERN STATES UTILITIES INC AS RECORDED IN OFFICIAL RECORDS BOOK 1483 PAGES 497 TO 499 AS MORE PARTICULARLY DESCRIBED AS FOLLOWS Parcel No 7 That certain parcel of land lying in Sections 24 and 25 Township 51 South Range 26 East Collier County Florida being more particularly described as follows Commence at the Northeast boundary comer of said Section 24 thence along the East boundary or said Section 24 South 001528West a distance of 447641 feet to a point on said boundary thence leaving said East boundary North 882810 West a distance of 20160 reel thence Nodh 851835 West a dlstance of 16423 feet thence North 203843 West a distance of 6259 feet thence North 08 5446 Wetadistance of 8519 feet thence North 234239East a distance of 13040 feet Ihence Nortt 601631East a dtance of 10648 feet thence Nodh 081617East a distance of 3466 feet thence North 422924 West a distance of 11691 feet thence Norlh 100711 West a distance of 10710 feet thence North 105620East a dislance of 10537feet lhenco North 252243East a distance of 10306 feet thence North 294639East a distance of 7580 feet thence North 371809East a distance of 5011 feet thence North 102959 West a distance of 7918 feet thence North 445232 West a distance of 5442 feet thence North 633853 West a distance of 6407 feet thence North 823324 West a distance of 12072 feet thence North 015333East a distance of 11669 feet thence North 402t48West a distance of 5295 feet Io Ihe POINT OF BEGINNING of the parcel of land heroinafter described thence South 592221 West a distance of 7373 feet thence South 253935 West a distance of 9553 feet 9663 Calalated thence South 000549East a distance of 7302 feel thence Soulh 151339East a distance of 14097 feet thence South 173207 East a distance of 16004 feet thence South 034625 West a dislance of 14833 feet thence South 203053 West a dislance of 14793 feet thence South 045951East a distance of 13715 feet thence South 060612 West a distance ef 10872 feet thence South 193302 West a distance of 11895 feet thence South 371910 West a distance of 16248 feet thence South 223748 West a dislance of 5115 feet Ihence Soulh 105524 West a distance of 14047 feet thence South 362356 West a distance of 10680 feet thence South 0t1206East a distance of 15358 feet thence South 310956East a distance of f t t distance of 7505 feet thence North 692544 East a distance of 6721 feet thence North 21157East a distance of 8542 feet thence South 195533East a distance of 7492 feet thence South 124658East a distance of 3283 feet thence South 460343 West a distance of 7451 feet thence South 12 0614 West a distance of 7475 feet thence South 090417East a distance of 11755feet thence North 752656East a distance of 15166 feet thence South 694452East a distance of 3861 feet thence South 214044 West a distanc of 9689 feel thence South 253558 West a distance of 4806 feet thence South 273000West a dislance of 8622 feet thence South 295254 West a distance of 8521 feet thence North 450814 West a distance of 256069 feet thence North 001528East a distance of 26500 feet thence South 894432East a distance of 37500 feet Ihence North 840419East a dislance of 14918 feet Ihence North 790156East a dislance of 48464 feet thence North 612347East a distance of 44794 Ihence South 894432East a distance of 26473 feet thence South 001528West a distance of 14170 feet to Ihe POINT OF BEGINNING Containing 4300 acres more or less LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO THE SCHOOL BOARD OF COLLIER COUNTY FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 1495 PAGES 384 385 AND 387 AS MORE PARTICULARLY DESCRIBED AS FOLLOWS That certain parcel of land lying in and being a part of Sections 23 and 24 Township 51 South Range 26 East Collier County Florida being more particularly described as follows Commence at the Northeast comer of said Section 23 thence run North 885853West run South 394643 West a distance of 71168feet thence run South 501317 East a distance of 151563feel thence run South 394643West a distance of 105000feet thence run South 501317 East a distance of 5000 feet to the POINT OF BEGINNING of the parcel of land hereinafter described thence continue South 501317East a distance of 73975 feet thence run North 394643East a distance of 70662feet thence run North 501317West a distance o1 73975 feet thence run South 394643West a distance o1 70662 feet to the POINT OF BEGINNING Conlalnlng 1200 acres more or less LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO BOARD CF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 1755 PAGE 361 AS MORE PARTICULARLY DESCRIBED AS FOLLOWS All that part of the Northeast 14 of Section 15 Townshlp 51 South Range 26 East Collier County Florida and being more partlculady described as follows Commencing nt the Southwesterly most comer of Championship Drive Marco Shores Unit 30 Golf Course Plat Book 17 pages 98 through 103 Collier County Florida thence along the Southerly line of said Championship Ddve South 891353 East 3540 feet to the Point of Beginning of the parcel herein described thence continue along said line South 891352 East 10979 feet thence leaving said line South 001843West 15394 feet thence North 860706West 11000 feet thence North 001843East 147g6 feet to the Point of Beginning Containing 038 acres more or less LESS AND EXCEPT ALL THAT PORTION OF GOLF COURSE PARCELS 1 2 3 AND 4 MARCO SHORES UNIT 30 GOLF COURSE AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLOBIDA CONTAINING 24396ACRES MORE OR LESS Subject to easements reservations or restrictions of record Net Property Acreage 13897739 Acres More or Less Beadngs shown hereon refer to the North line of the Nodheast 14 of Section 22 Township 51 Soulh Range 26 East Collier County Florida as being North 885851 West Property Description for Parcel 1 Is composed entirely from that certain map titled MARCO SHORES UNIT 30 BOUNDARY MAP created by the Deltona Corporation Dept of Real Estale Services in July 1989 and revised November 20 1989 and again September 24 1991 as provided by Gulf Bay Development Inc and has been prepared without benefit of surve Property Descriptions for Parcels 2 and 3 are based on Exhibit A of the SPECIAL WARRANTY DEED as recorded in Official Record Book 1911 Page 144 Et Seq of the Public Records of Collier County Florida and has been prepared without benefit of survey These descriptions of 11 Parcels shown hereon are Intended only as representalions of specific data in the above referenced documents and not intended as certification of actual field locations COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 15 CONCRETE MONUMENT TOYSSHIP 51 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA RUN N 885655 W FOR 146524 FEET THENCE N 022906 E FOR 69466 FEET ALONG THE EASTERLY RIGHTOFWAY LINE OF STATE ROAD 951 THENCE S 885847 E FOR 143923 FEET THENCE S 002025 W FOR 69529 FEET TO SAID SOUTH QUARTER CORNER LESS AND EXCEPTING THE WESTERLY 17 FEET OFTHE HEREIN DESCRIBED PARCEL OF LAND FOR THE PURPOSE OF ROAD RIGHTOFWAY AS SHOWN IN OR BOOK 001166 PAGE 001070 PUBLIC ECORDS OF COLLIER COUNTY FLORIDA 229 acres AND ALL OF SECTION 13 TOWNSHIP 51 SOUTH RANGE 26 EAST LESS THAT PORTION LYING ORTH AND EAST OF US HIGAY 41 COLLIER COUNTY FLORIDA Section 13 690 acres Fiddler’s Creek PUD Amendment PL20160002496 Exhibit 3 Property I.D. Numbers July 25, 2017 Page 1 of 1 Parcel ID Name Street Number Full Street 32433040223 FCC VENETA, LLC 32432008143 FCC MARSH LLC 9098 FIDDLER'S CREEK PKWY 32433200089 FCC MARSH LLC 9152 FIDDLERS CREEK PKWY 00736640006 FCC MARSH LLC 14020 TAMIAMI TRL E 00736641005 FCC COMMERCIAL LLC 00741120003 FCC PRESERVE LLC 15000 TAMIAMI TRL E 00741160610 FCC PRESERVE LLC 00741160513 FCC PRESERVE LLC 00741170202 FC OYSTER HARBOR LLC 2201 DUDA RD 00763880509 FC OYSTER HARBOR LLC 15000 TAMIAMI TRL E 00763480006 FCC CREEK LLC 15000 TAMIAMI TRL E 00763920414 FCC CREEK LLC 00743960614 FCC CREEK LLC 3129 ARBORETUM DR 00743960708 FCC MARSH LLC 00743960504 FC GOLF CLUB LLC 00743960407 FC GOLF CLUB LLC 00742960204 FCC COMMERCIAL LLC 5242 COLLIER BLVD 64750000066 FC OYSTER HARBOR LLC 3102 SANDPIPER DR 00741160115 FCC CREEK LLC 00741160209 FCC CREEK LLC 00763882617 FCC CREEK LLC 00741160717 FCC CREEK LLC 00741160306 FCC MARSH LLC 00741200004 FCC MARSH LLC 9035 CHERRY OAKS TRL 00743920007 FCC MARSH LLC 3145 CLUB CENTER BLVD 00736641005 FCC COMMERCIAL, LLC 32433049127 FCC VENETA, LLC 9514 CAMPANILE CIR Fiddler’s Creek PUD Exhibit 4 Evaluation Criteria January 12, 2017 Page 1 of 8 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. The Marco Shores/Fiddler’s Creek PUD is a previously approved and partially developed PUD, which authorizes up to 6,000 residential dwelling units, 325,000 square feet of commercial development, recreational uses and community facilities. The project is approximately two- thirds complete and the applicant is proposing modifications to the DRI/PUD, which better reflects the as-built conditions within the project, as well as the anticipated future development for the project. A summary of the proposed changes are listed below. The changes do not result in an increase in residential or commercial development within the project. In support of the proposed DRI/PUD amendment, the applicant has provided a traffic impact analysis. This analysis concludes that there are no local or regional transportation issues resulting from the revised location of a portion of the commercial development within the project. A companion Collier County Growth Management Plan amendment has been filed for the project. A majority of the project is located within the Urban Coastal Fringe Future Land Use Category. A portion of the project is located within the Neutral Lands designated area of the Rural Fringe Mixed Use District. A prior Future Land Use Amendment authorized the previously vested and approved residential dwelling units to be redistributed within the Neutral Lands so long as no additional units were added to the DRI. The applicant proposes to modify the Neutral Lands text to also permit the vested and previously approved commercial development to be redistributed within this portion of the project. The summary of the proposed changes are as follows: Summary of Proposed Changes to DRI/PUD • Create new map H and PUD master plan to reflect reallocation of commercial (B, Business) acreage to area on U.S. 41 near new project entrance. o No new commercial square footage is proposed. • Revise map H and PUD master plan to better reflect as-built community plan and add new project access on U.S. 41. Fiddler’s Creek PUD Exhibit 4 Evaluation Criteria January 12, 2017 Page 2 of 8 • Update land use acreages breakdown based on revised master plan in section 2.3 of PUD. • Amend section 3.4 (a) Group Care Facilities to delete parcel location references and replace with more specific location option. • Amend section 6.8 to show increase in potential B, Business area acreage. Maximum of 325,000 sq. ft. of intensity to remain unchanged. • Add multi-family residential as a permitted use in the B, Business (commercial) District. • Remove/amend reference to remaining/additional golf courses (which have never been developed) in §4.D.1 of DRI DO and §11.4 of PUD and as necessary related Master Plan amendment. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Marco Shores/Fiddler’s Creek PUD lies within the south service area for Collier County Utilities. The entire project is serviced with urban services and there are no existing or anticipated LOS issues. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant is an owner of a portion of the PUD. The owner has authorized the applicant to file the necessary PUD amendment application. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) Marco Shores/Fiddler’s Creek PUD is located in the Urban Coastal Fringe Subdistrict and Neutral Rural Fringe Mixed Use Land Use categories. A companion text amendment has been filed which proposes to allow redistribution of a portion of the previously authorized commercial development in the area designated as Neutral. Fiddler’s Creek PUD Exhibit 4 Evaluation Criteria January 12, 2017 Page 3 of 8 This is consistent with the prior amendment that authorized redistribution of residential units within the Neutral Lands designation. The vested DRI/PUD is consistent with the Urban Coastal Fringe subdistrict which permits up to 4 dwelling units per acre. No new units are proposed within the PUD. Policies 5.3 and 5.5 of the Future Land Use Element discourages urban sprawl by confining urban intensity to areas designated as urban on the Future Land Use Map. The entire Fiddler’s Creek project is served by urban services and no additional residential or commercial development is proposed as part of this amendment. Policy 5.4 of the Future Land Use Element promotes compatible and complimentary land uses with surrounding properties. The shifting of a portion of the previously approved commercial to an area of the project where no development has occurred to date will assure that the development is compatible and complementary to future development. No changes to residential or commercial development standards are proposed. The Fiddler’s Creek project is consistent with the Transportation Element of the Growth Management Plan. All of the vehicular trips associated with the previously approved commercial and residential development are vested, and mitigation for their impacts have been completed. The proposed additional access point on U.S. 41 has no operational impact to the surrounding roadway network. The Fiddler’s Creek DRI/PUD is consistent with the Conservation and Coastal Management Element of the Growth Management Plan. The DRI/PUD includes over 750 acres of native vegetation preservation areas, which exceeded 25% of the on-site native vegetation that existed within the project. None of the proposed changes modify the native preservation acreages. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The permitted uses have previously been determined to be compatible with surrounding land uses. No new uses are proposed. The area where the commercial will be redistributed is currently vacant and will not be incompatible with future residential development in the PUD. Fiddler’s Creek PUD Exhibit 4 Evaluation Criteria January 12, 2017 Page 4 of 8 e. The adequacy of usable open space areas in existence and as proposed to serve the development. Usable open space will be provided within the PUD as required by the LDC for the commercial development. Native preservation areas are provided consistent with the vested DRI/PUD. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequate infrastructure must be in place to support future development on the site. There are no known capacity issues that will impact this project. g. The ability of the subject property and of surrounding areas to accommodate expansion. Marco Shores/Fiddler’s Creek PUD is an existing PUD, which is surrounded by zoned and developed land. Expansion of the PUD boundary is not proposed. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The Marco Shores/Fiddler’s Creek PUD was originally approved by ORDINANCE NUMBER 84-42 issued on June 18, 1984. Subsequent amendments are as follows: AMENDED: MAY 24, 1988- ORDINANCE 88-48 AMENDED: JUNE 13, 1989- ORDINANCE 89-34 AMENDED: JANUARY 22, 1991- ORDINANCE 91-6 AMENDED: NOVEMBER 10, 1992- ORDINANCE 92-90 AMENDED: JULY 23, 1996- ORDINANCE NUMBER 96-42 (NOTE: Ordinance No. 96-42 has the effect of replacing Marco Shores PUD with new PUD) AMENDED: NOVEMBER 26, 1996 - ORDINANCE 96-74 AMENDED: FEBRUARY 24, 1998-0RDINANCE 98-13 AMENDED: MAY 12, 1998 - ORDINANCE 98-38 AMENDED: DECEMBER 12, 2000- ORDINANCE 00-84 AMENDED: NOVEMBER 19, 2002 - ORDINANCE 02-61 LDC Section 10.02.08 F - Requirements for Amendments to the Official Zoning Atlas Fiddler’s Creek PUD Exhibit 4 Evaluation Criteria January 12, 2017 Page 5 of 8 F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. A companion growth management plan amendment has been filed which proposes to allow the previously approved commercial square footage to be distributed to parcels which are within the Rural Fringe-Neutral Lands Future Land Use Category. The Growth Management Plan was previously amended to acknowledge that the previously approved residential units are permitted to be distributed to the portions of the PUD which are within the Rural Fringe-Neutral Lands Future Land Use Category. 2. The existing land use pattern. The proposed PUD amendments provide for new access points along U.S. 41 as well as the reallocation of some of the existing and previously approved commercial uses to be located along the U.S. 41 frontage of the PUD. As the population buildout occurs in the eastern portions of the Fiddler’s Creek PUD, it makes logical land use sense to permit commercial development in proximity to the future residential development. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The PUD boundary is not proposed to be changed; therefore, no isolated district is created by this zoning action. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD boundary encompasses all properties controlled by the applicant and it does represent a logical boundary. Fiddler’s Creek PUD Exhibit 4 Evaluation Criteria January 12, 2017 Page 6 of 8 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. As the buildout of the Fiddler’s Creek PUD continues, it is apparent that all new residential dwellings will be located within the eastern portions of the project, in closer proximity to the U.S. 41 corridor. The FDOT has also recently completed a widening project for U.S. 41 in anticipation of the continued development within Fiddler’s Creek and nearby properties. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The reallocation of some of the previously approved commercial development to the U.S. 41 frontage and creation of new project access points on U.S. 41 will not have an adverse impact to the neighborhood. The revisions will be convenient for residents living in the later phases of the community. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The reallocation of some of the commercial and establishment of two commercial nodes along the U.S. 41 will provide more convenient retail and office opportunities for residents. The addition of access points along the U.S. 41 frontage will also provide more convenient access for residents and allow for greater dispersal of trips within the community. 8. Whether the proposed change will create a drainage problem. The entire Fiddler’s Creek PUD has been permitted by the South Florida Water Management District and local and regional drainage facilities have been constructed within the community to handle area drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed amendments will have no impact on light and air to adjacent areas. Fiddler’s Creek PUD Exhibit 4 Evaluation Criteria January 12, 2017 Page 7 of 8 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed amendments should have no impact on property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed PUD amendments should enhance surrounding properties and will not deter improvement or development of nearby properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No modifications to the overall project intensity or density is proposed. The amendments will not grant a special privilege to the owner. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. As the community nears 2/3rd buildout, the development areas have become more identifiable and the needs of the community have changed over the 20 year development cycle; therefore, the developer is attempting to respond to the changing development pattern for the community, necessitating the proposed PUD amendments. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The Fiddler’s Creek project is a Development of Regional Impact. The allocation of residential and commercial development is appropriate. No changes to the intensity or density of development is proposed. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The allocation of commercial and residential development has been previously approved for this PUD. Fiddler’s Creek PUD Exhibit 4 Evaluation Criteria January 12, 2017 Page 8 of 8 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Future development within the community will largely occur on properties that were previously cleared and utilized for row crop agricultural production. All preservation areas have been set aside in accordance with the approved DRI/PUD. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are adequate roadways and utilities available at the site. There are no public facilities deficiencies at the present time and none will occur as a result of this project. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. The project is consistent with the Growth Management Plan and it is compatible with surrounding development. Fiddler’s Creek PUD Exhibit 5 Existing Surrounding Land Use and Zoning Summary Table November 10, 2016 Page 1 of 1 Direction Zoning Land Use North RSF-3 (Residential), A (Agricultural), MH (Mobile Home), RPUD (Residential Planned Unit Development), C-2 (Commercial Convenience), C-4 (General Commercial), C-5 (Heavy Commercial), I (Industrial), TTRVC (Travel trailer recreational vehicle campground), PUD (Planned Unit Development) and P (Public use) Developed and undeveloped agricultural, residential, commercial, industrial, recreational vehicle and mobile home uses PUD1 (Charlee Estates – residential) PUD2 (Paradise Pointe RV Resort – residential) PUD3 (Walnut lakes – residential) RPUD4 (Copper Cove Preserve – residential) RPUD5 (Pelican Lake – residential) RPUD6 (Boyne South – residential) West A (Agricultural), P (Public use), RSF-3 (Residential), MH (Mobile Home), DRI (Development of Regional Impact) and CON-ST (Conservation-Special Treatment) Developed and undeveloped agricultural, residential, mobile home and conservation uses South CON-ST (Conservation- Special Treatment) and A (Agricultural) Conservation land and undeveloped agricultural uses East MH (Mobile Home), A (Agricultural), VR (Village Residential), TTRVC (Travel trailer recreational vehicle campground), CON-ST (Conservation- Special Treatment) and PUD (Planned Unit Development) Developed and undeveloped residential and recreational vehicle uses PUD3 (Walnut lakes – residential) A-ST A A CON-ST A A A CON-ST A A I MH PUD3 P A RPUD6 A MH MH PUD5 RPUD4 RSF-3 PUD2 RSF-3 VR RSF-3 RSF-3 TTRVC PUD1 TTRVC A TTRVC A MH C-2 C-5C-4 A Tam i a m i T R L ECollier BLVDSource: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA,USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community ´ Fiddlers Creek PUDExhibit 5 SUBJECTPROPERTY DRI CON-ST A CON-ST A A 5,900 0 5,9002,950 Feet aetr-c-aunty& CO1UER COUNTY GOVERilME'TT GROWTH MAilAGEMEI{T DEPARTMENT 28fi) NORTH }IORSESHOE DRIVE NAPI6 FLORIDA ilL04 (z:tsl252-24AOufllvtv*e||i.ergetrnet Pre-Application Meeting Notes Petition Type: DRI Date and Time: October L?.Z:ALG Assigned Planner:Nancv Gundlach Engineering Manager (for PPIJs and FPs):N/A Proiect: Marco Shores / Fiddlc/s creek DRI PL#:2O16-2727 property lD f: Please see Addressinn Chedclist Curent Zoning: Planned Unit Dwelopment (PUD}/DRI Project Address City: Naples State: FL Zip: Applicant: Agent Name:O. Gradv Minor Phone: 239-5974575 Agent/Firm Address: Zip: _ 38fi) Via del Rev City: Bonita Springs State: Ft Property Owner:Sarecino LLC Please prwide the follqring if applicable: i. TotalAcreage: 1,068.(D+/-Acres ii. Proposed # of Residential Units: - iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: Ordinance # 2fiX).84 v. lf there is an Ordinance or Resolution associated with this project, please indicate the type and number: Ordinance # 20(Xl- vi. lf the proiect is within a Plat, provide the name and AR#/P|J: aetr-c'onnty+ COTUER COUftITY GOVER'{ME]$T GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2gX} NORTH HORSESHOE DRIVE NAPI"ES, FIORIDA ii4,1;O4 (23912s2-240'J COttIER COUNTY GOVERNM ENT GROWTH MANAGEMENT DIVISION www.colliergov.net 28OO NORTH HORSESHOE DRIVE NAPIES, FTORIDA 34104 l23el2s2-2400 FAX (23s) 2s2-63s8 affic,.onnty& Pre-Application Meeting and Final Submittal Requirement Checklist for: ! OntApplication for Development Approval (DRt) ! Onf Notice of Proposed Change (DOA) Other DRI Development Order Amendment (DOA) Chapter 3 D.1 of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittals items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW foF coPrEs IFAI IIDEr|NOT REQUIRED Completed Application (download current form from Countv website)L v Project Narrative 3 V Pre-application meeting notes L llt nCompleted Addressine checklist (no older than 6 months)2 ry24',x36''copy,8,K),x11,,copy,andonejpgcopy(fromDR| Development ora#I|i)AM fff U nn -D.a w tr An 8 % in. x 11 in. graphii lbiati6ri map ofthe site )r 0 t DRI Development Order Master Plan TI,, Legal Description 2 List identifying Owner & all parties of corporation 2 Survey signed & sealed 4 Affidavit of Authorization, signed & notarized 2 Environmental Data Requirements, pursuant to LDC section 3.08.00 3 Listed Species Survey; less than 12 months old. Include copies of previous surveys 2 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial.5 d tr Traffic lmpact Study (TlS) or waiver 5 Completed State NOPC Form with all attachments (if amendmentl 'r/- Completed State ADA Form with all attachments (if original DRt) Draft DRI Development Order to address proposed chanse L Copies of Notices sent to DEO and RPC 2 4 Electronic copy of all documents and plans 2-\U School lmpact Analysis Application - residential projects only (download the School lmpact Analysis Application from website)2 w { *lf located in lmmokalee or seeking affordable housing, include an additional set of each submittal requirement SCHOOT CONCURRENCY - lf the proposed project includes a residential component, you are required to contact the School District of Collier County at239-377-0267 to discuss school concurrency requirements. 2/4/20rs Page 4 of 5 "Afttc,onnty& PTANNERS - INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOIIOWING REVIEWERS: FEE REQUIREMENTS Qr/ Pre-Apglication Meeting: 5500.00 (Applications submitted 9 months after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting shall be required) n DRI Review (ln addition to cost of rezone): 510,000.00 plus $25.00 per acre (or fraction thereof) ./ o Additional fee for 5th and subsequent reviews: 20% of original fee {oAllOO Amendment: $5,000.00 plus 525.00 per acre (or fraction thereof). The acreage charge does not apply for amendments which only change the build-out date of the DO for a time period of less than 5 years. o Additional fee for 5tn and subsequent reviews: 20% of original fee o Amendments deemed to be minor in nature, that is requiring minor strike thru and underline text amendments of no more than 10 different lines of text changes in the DRl, will be capped at 513,000.00.o Any amendment which includes a map and text change will assessed the full fee (no cap) }Ra Extension: S100.00 q,'/ OAI Comprehensive Plan Consistency Review: S2, 250. 00 COttIER COUNTY GOVERNMENT GROWTH MANAGEM ENT DIVISION www.colliergov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FTORIDA 34104 l23el2s2-2400 FAX (239) 2s2-53s8 y,) t tl k f'nJ/"d uitlh Q/0 4l,Zstimated LegalAdvertising F -caccpc:Seai/ou 0\ 5os/ecczssoo.oo ,l/Atr -listed or Protected Species Review: S1,0oO,OO fvt t '-/- ---- U/ Property Owner Notifications: 51.50 Non-certified; 53.00 Certified return r ceipt mail (to be paid after receipt of invoice from the Zoning Services Department) f rr"n+ox soooo .e/lFt{- A.4-b6, @@v7+vtraAPtfiB, o 50.00 o Major Study Review: 51,500.00 ! School Concurrency Fee, if required: Ireserved] // o Mitigation Fees, if applicable, are to be determined by the School District in coordination with the County V Fire Code Review: IL (ddr"ssing' Annis Moxam ET Environmental Review: See Pre-Application Meeting Sigrpln Sheet n Bayshore/Gateway Triangle Redevelopment: Executive Director w Graphics: Mariam Ocheltree tr City of Naples: Robin Singer, Planning Director n Historical Review w Comprehensive Planning: See Pre-Application Meeting Sien-ln Sheet I lmmoka lee Water/Sewer District: tr Conservancy of SWFL: Nicole Ryan w Parks and Recreation: Vicky Ahmad w County Attorney's Office: Heidi Ashton-Cicko w School District (Residential Components): Amy Heartlock w Tmergency Management: Dan Summers; and/or EMS: Artie Bav n Transportation Pathways: Stacey Revay W Engineering: Alison Bradford w Transportation Planning: Jehn4ede*eminsky- n Other:w Utilities Engineering: Kris VanLengen 2/4/zOLs Page 5 of 5 COUIER COUI{TY GOVERNMENT GROWTH MANAGEMEIIIT DIVISIOil wuUr.collieryov.net 28OO T{ORTH HORSESHOE DRIVE 1{APt6 FIOR|DA 34104 (zr9l252-2tOO FAX (239) 2s263s8 ,/( aoA:S12o.oo 'o DRI: 5200.00 All checks poyable to: Boord of County @mmissionec The completed application, all required submittal meterials, and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 280O North Horseshoe Drive Naples, FL 34104 Page 6 of 6 COttIER COUNW GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FLOR|DA 34104 12391 2s2-2400 FAX 12391 252-s724 AD9RESsING Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Not all items will apply to every project. ltems in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PET|T|ON TYPE (lndicate type below, complete a separate BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (ConditionalUse) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) Addressing Checklist for each Petition type) fl SoP (Site Development Plan) ! sopn (sDP Amendment) fl SDPI (lnsubstantialChange to SDP) E StP (Site lmprovement Plan) ! Stpt (lnsubstantial Change to SIP) ! Srun (Street Name Change) fl SNC (Street Name Change - Unplatted) ! fOn (Transfer of Development Rights) ! VA (Variance) fl VRP (Vegetation RemovalPermit) fl VRSFP (Vegetation Removal& Site Fill Permit) El OTHER PUD InsubstantialChanqe (PDl) trn!nnnnn!tr!! LEGAL DESCRIPTION of subject property or properties (copy of lengthy desciption may be attached) Fiddlers Creek DRI/PUD - Sections 11,13,14,15,21,22,23 and 24,T51S, R26E FOL| O (Property lD) NUMBER(s) of above (attach to, or associate with, legal description if more than one) See attached list of folio numbers STREET ADDRESS oTADDRESSES (as applicable, if already assigned) o LOCATION MAP must be attached showing exact location of projecVsite in relation to nearest public road right- of-way o SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicabte) Fiddlers Creek PUD PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (forexrsting proiectdsites only) SDP - orARorPL# COLTIER COU NTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierFov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FIORIDA 34LO4 l23el 2s2-2400 FAx 12391 2s2-5724 project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Retum Approved Checklist By: E Email ! Fax tr Personally picked up Applicant Name: Sharon Phone: 239-947-1144 Email/Fax: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number See attached Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Updated Fiddlers Creek PUD List of Folio Numbers 74LL60LO2 74LL6OLL5 74LL60209 74LL602L2 74IL60306 74Lt60403 74Lr605L3 74tr606Lo 74Lr607L7 74LL70LO5 741200004 74L600002 743720003 743800208 743840006 743960203 743960300 743960407 743960504 7439606L4 763480103 763480200 763881003 7638826L7 23899000023 23899000049 23899000065 23899000081 23899000104 23899000120 238990001.45 23899000L62 23899000L88 23899000201 23899000227 23899000243 23899000269 23899000285 23899000308 23899000324 23899000340 23899000365 23899000382 23899000405 2389900042L 23899000447 23899000463 23899000489 23899000502 23899000528 23899000544 23899000s60 23899000586 23899000509 23899000625 23899000641 23899000567 23899000683 23899000706 23899000722 23899000748 23899000764 23899000780 23899000803 23899000829 23899000845 23899000861 23899000887 23899000900 23899000926 254s0000020 2s4s0000045 25450000052 2s450000088 25450000101 25450000L27 25450000143 25450000169 2s4s0000185 25450000208 25450000224 25450000240 2s4s0000266 25450000282 25450000305 25450000321 25450000347 2s4s0000363 25450000389 25450000402 25450000428 25450000444 25450000460 25450000486 25450000509 25450000525 2s4s0000541 25450000567 25450000583 25450000506 25450000622 25450000648 25450000654 25450000580 25450000703 25450000729 2545000074s 2s450000751 25450000787 254s0000800 254s0000826 25450000842 25450000868 25450000884 25450000907 25450000923 2s4s0000949 Page 1 of 10 Fiddlers Creek PUD List of Folio Numbers 25450000965 25600000508 27gLOOOOO2L 279LOOOOO47 279L0000063 27910000089 279LOOOOLO2 279LOOOOL28 279LOOOOL44 27910000150 27910000186 279LOOOO209 279LOOOO225 279LOOOOa L 279LOOOO267 279LOOOO283 279L0000306 279LOOOO322 27910000348 279LOOOO364 27910000380 27910000403 2791.OOOO429 279LOOOO445 279LOOOO46L 279LOOOO487 27910000500 2791_0000526 279LOOOO542 27910000568 279L0000584 279LOOOO607 279LOOOO623 279L0000649 27910000665 279LOOOO68L 279LOOOO704 279LOOOO720 279LOOOO746 279LOOOO762 27910000788 27910000801 279LOOOO827 279LOOOO843 27910000869 2791000088s 27910000908 279LOOOO924 279LOOOO940 27910000965 279IOOOO982 279LOOO1OO4 279L000L020 279LOOO1:O46 279LOOOLO62 27910001088 32431500024 32431500040 32431500056 3243L500082 32431500105 3243L500L47 32431500153 32431500189 3243L500244 3243L50034L 3243L500448 3243L500642 3243L500749 3243L50LO49 3243150L065 32431501081 3243L50rL04 3243L50LL20 3243r5011.46 3243L50tr62 32431501188 3243L50L20L 3243L50L227 3243L50L243 3243r50L269 3243rs0L285 32431501308 3243L50L324 3243r50L340 32431501366 3243L50L382 32431501405 3243r50L42r 3243L50r447 3243L50t463 3243t50L489 3243L50L502 3243r50L528 3243L50L544 32431s01_550 32431501586 32431501509 3243Ls0r625 3243L50L64L 3243r50L667 32431501683 3243Ls0L706 3243L50L722 3243L50L748 32431.501764 3243r50L780 32431s01803 3243L501829 3243150L845 32431501861 3243L50L887 32431501900 32431501926 3243L50L942 32431501968 3243r50L984 Page 2 of 10 Fiddlers Creek PUD List of Folio Numbers 3243L502006 3243LsO2022 3243L502048 32431502064 32431502080 3243t502LO3 3243r502r29 3243r502L45 3243L502L6L 3243L502r87 3243L502200 3243t502226 32431502242 32431502268 3243L502284 3243L502307 3243L502323 3243L502349 32431502365 3243L50238L 3243L502404 3243t502420 32431502446 3243L502462 3243t502488 3243L50250t 3243L502527 3243L502543 3243L502569 3243L502585 3243rs02608 3243L502624 3243L502640 3243L502666 3243L502682 3243L502705 3243L50272L 32431502747 32431502763 3243L502789 3243L502802 3243L502828 32431502844 32432000028 3243200003L 32432000044 32432000280 32432000293 32432000329 32432000345 32432003025 3243200304L 32432003L48 32432003203 324320032L6 32432003229 32432003245 32432003287 32432004024 32432008046 32432008062 32432008088 3243200810L 32432008L27 32432008143 32432008L69 32432008185 32432008208 32432008224 32432008240 32432008266 32432008282 3243200830s 3243200832r 32432008347 32432008363 32432008389 32432008402 32432008428 32432008444 32432008460 32432008486 32432008509 32432008525 3243200854L 32432008567 32432008583 32432008606 32432008622 32432008648 32432008664 32432008680 32432008703 32432008729 32432008745 3243200876L 32432008787 32432008800 32432008826 32432008842 32432008868 32432008884 32432008907 32432008923 32432008949 32432008965 32432008981 32432009003 32432009029 32432009045 3243200906L 32432009087 32432009rO0 32432009126 32432009L42 32432009L68 32432009L84 Page 3 of 10 Fiddlers Creek PUD List of Folio Numbers 32432009207 32432009223 32432009249 32432009265 32432400026 32432400042 32432400246 32432400262 32432400466 32432400482 3243240052L 32432400547 32432400644 32432400848 3243240085L 32432400945 3243240096L 32432400987 3243240LOO9 3243240LO25 3243240104r 3243240LO67 32432401083 3243240rLO6 3243240rL22 32432407L48 3243240LL64 3243240Lr80 3243240L203 3243240L229 3243240126L 3243240L287 3243240L300 3243240L326 3243240L342 3243240L368 32432401384 32432401407 3243240L423 3243240L449 3243240L465 3243240L48r 3243240L504 3243240L520 3243240L546 32432401562 32432401588 3243240L60r 3243240L627 32432401643 3243240L669 32432401685 3243240L708 3243240L724 3243240L740 3243240L766 3243240L782 3243240r805 3243240L82L 32432401847 32432401863 3243240L889 3243240L902 3243240L928 3243240L944 3243240L960 3243240L986 32432402008 32432402024 32432402040 32432402066 32432402082 32432402105 32432402L2r 32432402147 32432402L63 32432402189 32432402202 32432402228 32432402244 32432402260 32432402286 32432402309 3243240232s 32432403023 32432403049 3243240308L 32432403L04 32432403L20 32432403L46 32432403762 32432403502 324324035L5 32432403719 32432403900 32432404006 32432404349 32432404365 32432404543 32432404569 32432404585 32432404608 32432404624 32432404640 32432404666 32433000027 32433000043 32433000059 32433000085 32433000108 32433000726 32433000768 32433000807 32433000823 32433000849 32433001042 32433001068 Page 4 of 10 Fiddlers Creek PUD List of Folio Numbers 32433001084 3243300LLO7 32433007L23 3243300rL49 32433001165 32433001181 32433001204 32433030026 32433030042 32433030058 32433030084 32433030107 32433030149 32433031627 3243303L82L 32433031928 3243303L944 32433031960 3243303L986 32433032008 32433032024 32433032040 32433032066 32433032082 3243303zLOs 32433032L27 32433032147 32433032L63 32433032L89 32433032202 32433032228 32433032244 32433032260 32433032286 32433032309 32433032325 3243303234L 32433032367 32433032383 32433032406 32433032422 32433032448 32433032464 32433032480 32433032s03 32433032529 32433032545 3243303256r 32433032587 32433032600 32433032626 32433032642 32433032668 32433032684 32433032707 32433032723 32433032749 32433032765 3243303278L 32433032804 32433032820 32433032846 32433032862 32433032888 3243303290L 32433032927 32433032943 32433032969 3243303298s 32433033007 32433033023 32433033528 32433033544 32433033s50 32433033s85 32433033609 3243303362s 3243303364r 32433033667 32433033583 32433033706 32433033722 32433033748 32433033764 32433040029 32433040100 32433040126 32433040L42 32433040168 32433040184 32433040207 32433040304 32433040809 32433041468 3243304L484 3243304rs07 3243304L523 3243304rs49 3243304155s 3243304L58L 32433043026 32433043LO7 324330431L0 32433043L23 32433043L49 32433043L65 32433043204 32433043220 32433043246 32433043275 32433043288 3243304330L 32433043314 32433043327 32433043343 32433043369 32433043385 Page 5 of 10 Fiddlers Creek PUD List of Folio Numbers 32433043408 32433043424 32433043440 32433043466 32433043482 32433043505 3243304352t 32433043547 32433043563 32433043589 32433043602 32433043628 32433043644 32433043660 32433043686 32433043709 32433043725 3243304374r 32433043767 32433043783 32433043806 32433043822 32433043848 32433043864 32433043880 32433043903 32433043929 3243304394s 3243304396L 32433043987 32433044009 3243304402s 32433044L06 32433044180 32433044203 32433044300 32433044313 32433044407 32433044520 32433044533 32433044724 32433044740 32433044766 32433044782 3243304482L 32433044889 32433044902 32433044928 32433044944 32433044986 32433045008 32433045024 32433045040 3243304sO66 32433045082 32433045105 32433045LzL 32433045147 3243304sr63 32433045L89 32433045202 32433045228 32433045244 32433045260 32433045286 32433045309 3243304532s 32433045341 32433045367 32433045383 32433045406 32433045422 32433045448 32433045454 32433045480 3243304ss03 32433045529 3243304s545 3243304556L 32433045587 3243304s600 32433045626 32433045642 32433045568 32433045684 32433045707 32433045723 32433045749 32433045765 3243304578L 32433045804 32433045820 32433045846 32433045862 32433045888 32433045901. 32433045927 32433045943 32433045969 32433045985 32433046007 32433046023 32433046049 32433046065 3243304608L 32433046tO4 32433046120 32433045L46 32433046L62 32433045188 3243304620r 32433046227 32433046243 32433046269 32433046285 32433046308 32433046324 Page 6 of 10 Fiddlers Creek PUD List of Folio Numbers 32433046340 32433046366 32433046382 32433046405 3243304642L 32433045447 32433046463 32433046489 32433046502 32433046528 32433046544 32433045560 32433045585 32433048526 32433049020 32433049046 32433049062 32433049088 32433049LOL 32433049L43 32433049L69 32433049L85 32433049208 3243304998t 324330s0006 32433050022 32433050048 32433050064 32433050080 32433050103 32433050L29 32433050L45 32433050527 3243305LO2L 3243305L526 32433052020 32433052525 32433053029 324330s3100 32433055027 32433056026 324330s704L 324330s7067 324330s7083 32433057L64 32433057203 32433057229 32433057245 32433057287 32433057300 32433057326 32433057342 32433057368 32433057384 32433057407 32433057423 32433057449 32433057465 3243305748r 32433057504 32433057s20 32433057546 32433057562 32433057s88 3243320002L 5L998000022 51998000048 51998000054 s1998000080 51998000103 51998000129 5L998000145 51998000161 51998000187 51998000200 s1998000226 5L998000242 51998000268 51998000284 51998000307 s1998000323 s1998000349 51998000365 51998000381 51_998000404 51998000420 s1998000446 51998000462 51998000488 51998000s01 51998000527 51998000543 51998000569 s199800058s 51998000608 51998000524 51998000540 5L998000566 s1998000682 5199800070s 51998000721 5L998000747 51998000763 51998000789 51998000802 5L998000828 5L998000844 5326430 s3264300043 53264300069 5326430008s 53264300108 53264300L24 53264300140 s3264300166 s3264300L82 53264300205 Page 7 of 10 Fiddlers Creek PUD List of Folio Numbers 5326430022L 53264300247 53264300263 53264300289 s3254300302 s3264300328 53264300344 53264300360 53264300386 53264300409 53264300425 5326430044L 53264300467 53254300483 53264300506 s3264300522 s3264300s48 53264300564 53264300580 53264300603 53264300629 53254300645 53264300651 53264300687 s3264300700 s3264300726 53264300742 53264300768 s3264300784 53264300807 53264300823 53264300849 53264300865 53254300881 53264300904 s3264300920 53264300946 53264300962 s3264301000 5326430LO26 5326430LO42 53254301068 5325430L084 5326430Lt07 s326430LL23 5326430tL49 53264301L65 53264301181 5326430L204 5326430L220 5326430L246 5326430L262 53264301288 53254301301 5326430L327 s326430r343 53264301369 s3264301385 s326430L408 5326430L424 53264301440 5326430L466 53264301482 53254301505 5326430L52L 5326430L547 53264301563 53264301589 5326430L602 5326430L628 5326430L644 53264301660 s326430988 55430080026 56430080042 56430080058 55430080107 55430080123 56430080149 56430080L52 s5430080246 56430080262 55430080288 56430080301 56430080327 s6430080343 56430080359 56430080385 56430080408 56430080424 55430080440 s6430080465 56430080482 s6430080s05 55430080521 55430080547 56430080563 56430080589 56430080502 s6430081025 55430081041 56439000023 55439000049 s6439000065 56439000081 56439000L04 56439000120 56439000145 55439000162 56439000188 55439000201 56439000227 s5439000243 s6439000269 s6439000285 56439000308 56439000324 Page 8 of 10 Fiddlers Creek PUD List of Folio Numbers s6439000340 55439000366 56439000382 55439000405 5643900042L s6439000447 55439000463 56439000489 s6439000502 56439000528 s6439000544 56439000560 s6439000586 56439000509 56439000625 56439000641 56439000667 s6439000683 56439000706 s6439000722 56439000748 s6439000764 56439000780 56439000803 s6439000829 56439000845 56439000861 55439000887 56439000900 s6439000926 56439000942 56439000968 56439000984 56439001006 5643900L022 56439001048 56439001064 56439001080 s6439001103 56439001129 56439001145 56439001161 56439001187 55439001200 s643900L226 5643900L242 55439001268 59430801105 60L75000027 60175000043 60175000069 6017s000085 60175000108 60175000124 6017s0001.40 50175000166 60175000182 60175000205 6017soooz2L 60175000247 60175000253 6017s000289 50L75000302 60175000328 6017s000344 60175000360 60175000386 60175000409 60L75000425 60L7500044L 60L75000467 60175000483 60175000506 6017s000s22 5017s000548 60175000564 60175000580 60175000603 60175000629 6017s000645 60175000661 60175000687 60175000700 60L75000726 60L75000742 6017s000768 60L75000784 60175000807 60581382083 60581382151 68568500055 7L72583002L 7L725830047 7L725830063 71725830089 71725830102 7t72s830L28 7r725830L44 7L725830L60 7r725830L86 71725830209 7L725830225 7L72583024L 71725830267 7t725830283 7L72s830306 71725830322 71725830348 7L725830364 7L725830380 7L72s830403 71725830429 7L725830445 7r72583046L 7L725830487 7L725830500 7L725830526 Page 9 of 10 7t725830542 7L725830568 7L725830584 7L725830607 7L725830623 7L725830649 7L725830665 7L72583068L 7L725830704 71725830720 7L725830746 7L725830762 7L725830788 7L72583080L 7L725830827 71725830843 7L725830869 7L725830885 7L725830908 7L725830924 7L725830940 71725830966 71725830982 7t72583LO04 7L72583L020 7L72583L046 7L72583LO62 7L725831088 7r72583LLOt 7L72583Lr27 7L72583L143 71-72583LL69 7r72583LL85 7L72583t208 7L72583L224 7L72583L240 7r72583L266 7L72s83L282 71725831305 Fiddlers Creek PUD List of Folio Numbers 7L72583132r 7L72s83t347 7L72583r363 7L72583L389 7L72583t402 7L72583L428 7t72583L444 7L72583r460 71-72583t486 7L72583L509 7L72583L525 7172583t54t 7L72583L567 7r72583L583 7172583L606 7L72583L622 7r72583L648 7L72583L664 7172583L680 7t72583t703 7L72583L729 7t725831745 7L72583L76r 7L72583L787 7t725831800 7L72583L826 7L72583r842 7L72583L868 7L72583L884 7L72583L907 7172583L923 7L72583L949 71725831965 7t72583L98L 7L725832003 71725832029 71725832045 Page 10 of 10 COLLIER COUNTY GOVERNMENT 28OO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTM ENT NAPLES, FLORI DA 34tO4 www.col I ie rgov. net (2391 252-24OO tr#/@ Collier Name Review Discipline Phone Email E chris Alcorn Utility Billing 821-8136 chrisa lcorn @col liergov.net 0 Qavid Anthony Environmental Review 252-2497 davidanthony@colliergov.net d ru-^"rAraque Environmental Review 2s2-6290 su m merbrownaraque@colliergov.net I Steve Baluch, P.E.Transportation Planning 252-2361 StephenBaluch @colliergov.net I Laurie Beard Transportation PathwaYs 252-5782 Lauriebeard@col liergov.net D Rachel Beasley Zoning Services 252-8202 rachel beasley@colliergov. net I Marcus Berman County Surveyor 252-6885 MarcusBerman @colliergov. net E Mark Burtchin ROW Permitting 2s2-5L65 markbu rtchin @colliergov.net E George Cascio utility Billing 252-5543 georgecascio@colliergov.net { ,",o,Ashton cicko Managing Asst. County AttorneY 6\62s2-|'ffi heidiashton@colliergov.net D4sr" Fautkner Comprehensive Planning 2s2-5715 suefaulkner@colliergov.net 0 Dale Fey North Naples Fire 597-3222 da lefey@colliergov.net I Paula Fleishman lmpact Fee Administration 252-2924 pau lafleish man @colliergov. net { r"n rGundlach, AlcP, PLA Zoning Services 252-2484 nancygu ndlach @colliergov.net E Shar Hingson East Naples Fire District 587-s650 shingson@ccfco.org n John Houldsworth Engineering Services 252-5757 johnhou ldsworth @colliergov. net I Jodi Hughes Transportation Pathways 252-5744 jodihughes@col liergov. net E Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahu mph ries@colliergov.net 0 Eric Johnson, AlcP,cFM Zoning Services 2s2-2931 ericjohnson @col liergov. net D Marcia Kendall Comprehensive Planning 2s2-2387 marciakendall @colliergov. net E stephen Lenberger Environmental Review 252-2915 stevelenberger@coll iergov.net I Garrett Louviere Stormwater 252-2526 ga rrettlouviere@colliergov.net D Paulo Martins Utilities 252-4285 pau lomartins@colliergov.net E rmnr*-irn-sruuErro Fire Safety 252-7348 Thomasmastroberto@colliergov.net E Jack McKenna, P.E.Engineering Services 252-2971 jackmckenna@colliergov.net E Matt Mclean, P.E.Principal Project Manager 252-8279 matthewmclean @colliergov.net E Gilbert Moncivaiz Utility lmpact Fees 252-4275 gilbertmoncivaiz@colliergov.net E Annis Moxam Addressing 252-5519 annismoxam @colliergov.net D Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net E Jessica Huckeba CAD Technician 252-2315 JessicaHuckeba@colliergov.net E Brandy otero Transit 2s2-s8s9 bra ndyotero@ colliergov. net I BillPancake North Naples Fire 597-3222 billpancake@colliergov.net E Brandi Pollard Utility lmpact fees 252-6237 brandipollard@colliergov.net E Fred Reischl, AICP Zoning Services 252-42L1 fredreischl@colliergov.net E Brett Rosenblum, P.E.Utility Plan Review 252-2905 brettrosenblum @colliergov.net E Edwin Sanchez Fire Review 252-75L7 edwinsanchez@colliergov.net f, ui.t""lSawyer Transportation Planning 2s2-2926 michaelsawyer@colliergov.net 0 Corby Schmidt, AICP Comprehensive Planning 2s2-2944 corbyschmidt@colliergov.net E Chris Scott, AICP Planning and Zoning 2s2-2460 ch risscott@colliergov.net E Peter Shawinsky Architectural Review 252-8523 PeterShawi nsky@ col liergov. net E Daniel Smith, AICP Zoning Services 2s2-4312 danielsmith@colliergov.net n Ellen summers Planning and Zoning 2s2-1o32 EllenSummers@colliergov.net E scott stone Assistant Cou nty Attorney 252-8400 scottstone@colliergov.net E Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net E chad Sweet Transportation 252-5687 chadsweet@ col lierogv. net E Mark Templeton Landscape 2s2-247s marktempleton@colliergov.net I Jon walsh Building Review 252-2962 jonathanwalsh@colliergov.net H oavia Weeks, AICP Comprehensive Planning 252-2306 davidweeks@colliergov.net E Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net E Christine willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Rdditional Attendee Contact Information: . ^,qL Cor-1 lAArAr.noFC-4fc\s.src \lr\rs,lt K>>/ZKhEdz'KsZEDEd 'ZKtd,DE'DEdWZdDEd ǁǁǁ͘ĐŽůůŝĞƌŐŽǀ͘ŶĞƚ ϮϴϬϬEKZd,,KZ^^,KZ/s EW>^͕&>KZ/ϯϰϭϬϰ ;ϮϯϵͿϮϱϮͲϮϰϬϬ&y ;ϮϯϵͿϮϱϮͲϱϳϮϰ ADDRESSING CHECKLIST 3OHDVHFRPSOHWHWKHIROORZLQJDQGHPDLOWR*0'B$GGUHVVLQJ#FROOLHUJRYQHWRUID[WRWKH2SHUDWLRQV'LYLVLRQ DWRUVXEPLWLQSHUVRQWRWKH$GGUHVVLQJ6HFWLRQDWWKHDERYHDGGUHVV)RUPPXVWEHVLJQHGE\ $GGUHVVLQJSHUVRQQHOSULRUWRSUHDSSOLFDWLRQPHHWLQJplease allow 3 days for processing. 1RW DOO LWHPV ZLOO DSSO\ WR HYHU\ SURMHFW ,WHPV LQbold type DUH UHTXLUHGFOLIO NUMBERS MUST BE PROVIDED.)RUPVROGHUWKDQPRQWKVZLOOUHTXLUHDGGLWLRQDOUHYLHZDQGDSSURYDOE\WKH$GGUHVVLQJ6HFWLRQ PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) %/ %ODVWLQJ3HUPLW  %' %RDW'RFN([WHQVLRQ  &DUQLYDO&LUFXV3HUPLW &8 &RQGLWLRQDO8VH  (;3 ([FDYDWLRQ3HUPLW  )3 )LQDO3ODW //$ /RW/LQH$GMXVWPHQW  31& 3URMHFW1DPH&KDQJH  33/ 3ODQV 3ODW5HYLHZ  363 3UHOLPLQDU\6XEGLYLVLRQ3ODW  38'5H]RQH 5= 6WDQGDUG5H]RQH  6'3 6LWH'HYHORSPHQW3ODQ  6'3$ 6'3$PHQGPHQW  6'3, ,QVXEVWDQWLDO&KDQJHWR6'3  6,3 6LWH,PSURYHPHQW3ODQ  6,3, ,QVXEVWDQWLDO&KDQJHWR6,3  615 6WUHHW1DPH&KDQJH  61& 6WUHHW1DPH&KDQJH±8QSODWWHG  7'5 7UDQVIHURI'HYHORSPHQW5LJKWV  9$ 9DULDQFH  953 9HJHWDWLRQ5HPRYDO3HUPLW  956)3 9HJHWDWLRQ5HPRYDO 6LWH)LOO3HUPLW  27+(5 LEGAL DESCRIPTION RIVXEMHFWSURSHUW\RUSURSHUWLHV(copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s)RIDERYH(attach to, or associate with, legal description if more than one) 675((7$''5(66RU$''5(66(6(as applicable, if already assigned) 352326('675((71$0(6(if applicable) 6,7('(9(/230(173/$1180%(5(for existing projects/sites only) 1 LOCATION MAP PXVWEHDWWDFKHGVKRZLQJH[DFWORFDWLRQRISURMHFWVLWHLQUHODWLRQWRQHDUHVWSXEOLFURDGULJKW RIZD\ 352326('352-(&71$0((if applicable) 6'3RU$5RU3/ 6859(< FRS\QHHGHGRQO\IRUXQSODWWHGSURSHUWLHV &855(17352-(&71$0((if applicable) ■ PUD Insubstantial Change (PDI) Fiddlers Creek DRI/PUD - Sections 11, 13, 14, 15, 21, 22, 23 and 24, T51S, R26E See attached list of folio numbers Fiddlers Creek PUD K>>/ZKhEdz'KsZEDEd 'ZKtd,DE'DEdWZdDEd ǁǁǁ͘ĐŽůůŝĞƌŐŽǀ͘ŶĞƚ ϮϴϬϬEKZd,,KZ^^,KZ/s EW>^͕&>KZ/ϯϰϭϬϰ ;ϮϯϵͿϮϱϮͲϮϰϬϬ&y ;ϮϯϵͿϮϱϮͲϱϳϮϰ 3OHDVH5HWXUQ$SSURYHG&KHFNOLVW%\(PDLO3HUVRQDOO\SLFNHGXS ASSOLFDQW1DPH 6LJQDWXUHRQ$GGUHVVLQJ&KHFNOLVWGRHVQRWFRQVWLWXWH3URMHFWDQGRU6WUHHW1DPH DSSURYDODQGLVVXEMHFWWRIXUWKHUUHYLHZE\WKH2SHUDWLRQV'LYLVLRQ FOR STAFF USE ONLY FROLR Number Folio Number Folio Number Folio Number )ROLR1XPEHU )ROLR1XPEHU Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 2 )D[ (PDLO)D[3KRQH 3URMHFWRUGHYHORSPHQWQDPHVSURSRVHGIRURUDOUHDG\DSSHDULQJLQFRQGRPLQLXPGRFXPHQWV LIDSSOLFDWLRQ LQGLFDWHZKHWKHUSURSRVHGRUH[LVWLQJ  See attached 5-27-2015by: y: ■ Sharon Umpenhour 239-947-1144 sumpenhour@gradyminor.com 02000'1000'SCALE: 1" = 2000'GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Bonita Springs: 239.947.1144Fort Myers: 239.690.4380PUD BOUNDARY Fiddlers Creek PUD List of Folio Numbers Page 1 of 10 741160102 741160115 741160209 741160212 741160306 741160403 741160513 741160610 741160717 741170105 741200004 741600002 743720003 743800208 743840006 743960203 743960300 743960407 743960504 743960614 763480103 763480200 763881003 763882617 23899000023 23899000049 23899000065 23899000081 23899000104 23899000120 23899000146 23899000162 23899000188 23899000201 23899000227 23899000243 23899000269 23899000285 23899000308 23899000324 23899000340 23899000366 23899000382 23899000405 23899000421 23899000447 23899000463 23899000489 23899000502 23899000528 23899000544 23899000560 23899000586 23899000609 23899000625 23899000641 23899000667 23899000683 23899000706 23899000722 23899000748 23899000764 23899000780 23899000803 23899000829 23899000845 23899000861 23899000887 23899000900 23899000926 25450000020 25450000046 25450000062 25450000088 25450000101 25450000127 25450000143 25450000169 25450000185 25450000208 25450000224 25450000240 25450000266 25450000282 25450000305 25450000321 25450000347 25450000363 25450000389 25450000402 25450000428 25450000444 25450000460 25450000486 25450000509 25450000525 25450000541 25450000567 25450000583 25450000606 25450000622 25450000648 25450000664 25450000680 25450000703 25450000729 25450000745 25450000761 25450000787 25450000800 25450000826 25450000842 25450000868 25450000884 25450000907 25450000923 25450000949 Fiddlers Creek PUD List of Folio Numbers Page 2 of 10 25450000965 25600000508 27910000021 27910000047 27910000063 27910000089 27910000102 27910000128 27910000144 27910000160 27910000186 27910000209 27910000225 27910000241 27910000267 27910000283 27910000306 27910000322 27910000348 27910000364 27910000380 27910000403 27910000429 27910000445 27910000461 27910000487 27910000500 27910000526 27910000542 27910000568 27910000584 27910000607 27910000623 27910000649 27910000665 27910000681 27910000704 27910000720 27910000746 27910000762 27910000788 27910000801 27910000827 27910000843 27910000869 27910000885 27910000908 27910000924 27910000940 27910000966 27910000982 27910001004 27910001020 27910001046 27910001062 27910001088 32431500024 32431500040 32431500066 32431500082 32431500105 32431500147 32431500163 32431500189 32431500244 32431500341 32431500448 32431500642 32431500749 32431501049 32431501065 32431501081 32431501104 32431501120 32431501146 32431501162 32431501188 32431501201 32431501227 32431501243 32431501269 32431501285 32431501308 32431501324 32431501340 32431501366 32431501382 32431501405 32431501421 32431501447 32431501463 32431501489 32431501502 32431501528 32431501544 32431501560 32431501586 32431501609 32431501625 32431501641 32431501667 32431501683 32431501706 32431501722 32431501748 32431501764 32431501780 32431501803 32431501829 32431501845 32431501861 32431501887 32431501900 32431501926 32431501942 32431501968 32431501984 Fiddlers Creek PUD List of Folio Numbers Page 3 of 10 32431502006 32431502022 32431502048 32431502064 32431502080 32431502103 32431502129 32431502145 32431502161 32431502187 32431502200 32431502226 32431502242 32431502268 32431502284 32431502307 32431502323 32431502349 32431502365 32431502381 32431502404 32431502420 32431502446 32431502462 32431502488 32431502501 32431502527 32431502543 32431502569 32431502585 32431502608 32431502624 32431502640 32431502666 32431502682 32431502705 32431502721 32431502747 32431502763 32431502789 32431502802 32431502828 32431502844 32432000028 32432000031 32432000044 32432000280 32432000293 32432000329 32432000345 32432003025 32432003041 32432003148 32432003203 32432003216 32432003229 32432003245 32432003287 32432004024 32432008046 32432008062 32432008088 32432008101 32432008127 32432008143 32432008169 32432008185 32432008208 32432008224 32432008240 32432008266 32432008282 32432008305 32432008321 32432008347 32432008363 32432008389 32432008402 32432008428 32432008444 32432008460 32432008486 32432008509 32432008525 32432008541 32432008567 32432008583 32432008606 32432008622 32432008648 32432008664 32432008680 32432008703 32432008729 32432008745 32432008761 32432008787 32432008800 32432008826 32432008842 32432008868 32432008884 32432008907 32432008923 32432008949 32432008965 32432008981 32432009003 32432009029 32432009045 32432009061 32432009087 32432009100 32432009126 32432009142 32432009168 32432009184 Fiddlers Creek PUD List of Folio Numbers Page 4 of 10 32432009207 32432009223 32432009249 32432009265 32432400026 32432400042 32432400246 32432400262 32432400466 32432400482 32432400521 32432400547 32432400644 32432400848 32432400851 32432400945 32432400961 32432400987 32432401009 32432401025 32432401041 32432401067 32432401083 32432401106 32432401122 32432401148 32432401164 32432401180 32432401203 32432401229 32432401261 32432401287 32432401300 32432401326 32432401342 32432401368 32432401384 32432401407 32432401423 32432401449 32432401465 32432401481 32432401504 32432401520 32432401546 32432401562 32432401588 32432401601 32432401627 32432401643 32432401669 32432401685 32432401708 32432401724 32432401740 32432401766 32432401782 32432401805 32432401821 32432401847 32432401863 32432401889 32432401902 32432401928 32432401944 32432401960 32432401986 32432402008 32432402024 32432402040 32432402066 32432402082 32432402105 32432402121 32432402147 32432402163 32432402189 32432402202 32432402228 32432402244 32432402260 32432402286 32432402309 32432402325 32432403023 32432403049 32432403081 32432403104 32432403120 32432403146 32432403162 32432403502 32432403515 32432403719 32432403900 32432404006 32432404349 32432404365 32432404543 32432404569 32432404585 32432404608 32432404624 32432404640 32432404666 32433000027 32433000043 32433000069 32433000085 32433000108 32433000726 32433000768 32433000807 32433000823 32433000849 32433001042 32433001068 Fiddlers Creek PUD List of Folio Numbers Page 5 of 10 32433001084 32433001107 32433001123 32433001149 32433001165 32433001181 32433001204 32433030026 32433030042 32433030068 32433030084 32433030107 32433030149 32433031627 32433031821 32433031928 32433031944 32433031960 32433031986 32433032008 32433032024 32433032040 32433032066 32433032082 32433032105 32433032121 32433032147 32433032163 32433032189 32433032202 32433032228 32433032244 32433032260 32433032286 32433032309 32433032325 32433032341 32433032367 32433032383 32433032406 32433032422 32433032448 32433032464 32433032480 32433032503 32433032529 32433032545 32433032561 32433032587 32433032600 32433032626 32433032642 32433032668 32433032684 32433032707 32433032723 32433032749 32433032765 32433032781 32433032804 32433032820 32433032846 32433032862 32433032888 32433032901 32433032927 32433032943 32433032969 32433032985 32433033007 32433033023 32433033528 32433033544 32433033560 32433033586 32433033609 32433033625 32433033641 32433033667 32433033683 32433033706 32433033722 32433033748 32433033764 32433040029 32433040100 32433040126 32433040142 32433040168 32433040184 32433040207 32433040304 32433040809 32433041468 32433041484 32433041507 32433041523 32433041549 32433041565 32433041581 32433043026 32433043107 32433043110 32433043123 32433043149 32433043165 32433043204 32433043220 32433043246 32433043275 32433043288 32433043301 32433043314 32433043327 32433043343 32433043369 32433043385 Fiddlers Creek PUD List of Folio Numbers Page 6 of 10 32433043408 32433043424 32433043440 32433043466 32433043482 32433043505 32433043521 32433043547 32433043563 32433043589 32433043602 32433043628 32433043644 32433043660 32433043686 32433043709 32433043725 32433043741 32433043767 32433043783 32433043806 32433043822 32433043848 32433043864 32433043880 32433043903 32433043929 32433043945 32433043961 32433043987 32433044009 32433044025 32433044106 32433044180 32433044203 32433044300 32433044313 32433044407 32433044520 32433044533 32433044724 32433044740 32433044766 32433044782 32433044821 32433044889 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32433046489 32433046502 32433046528 32433046544 32433046560 32433046586 32433048526 32433049020 32433049046 32433049062 32433049088 32433049101 32433049143 32433049169 32433049185 32433049208 32433049981 32433050006 32433050022 32433050048 32433050064 32433050080 32433050103 32433050129 32433050145 32433050527 32433051021 32433051526 32433052020 32433052525 32433053029 32433053100 32433055027 32433056026 32433057041 32433057067 32433057083 32433057164 32433057203 32433057229 32433057245 32433057287 32433057300 32433057326 32433057342 32433057368 32433057384 32433057407 32433057423 32433057449 32433057465 32433057481 32433057504 32433057520 32433057546 32433057562 32433057588 32433200021 51998000022 51998000048 51998000064 51998000080 51998000103 51998000129 51998000145 51998000161 51998000187 51998000200 51998000226 51998000242 51998000268 51998000284 51998000307 51998000323 51998000349 51998000365 51998000381 51998000404 51998000420 51998000446 51998000462 51998000488 51998000501 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512627 7 89 9 14 11 23 12 21 19 15 10 30 18 28 22 13 29 2024 16 2526 17 27 21 16 28 33 61 52 34 35 3 3231 4 36 4 33 29 32 20 Tamiami TRL E Collier BLVDSource: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA,USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community ´ Marco Shores / Fiddlers Creek DRI / PUDLocation Map SUBJECTPROPERTY A 5,900 0 5,9002,950 Feet T TRR Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 1 of 44 FIDDLER’S CREEK ESTANCIA and OYSTER HARBOR EAST: ENVIRONMENTAL SUPPLEMENT PREPARED FOR: FCC Creek, LLC and FC Oyster Harbor, LLC 8156 Fiddler’s Creek Parkway Naples, FL 34114 PREPARED BY: Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 Amended September 29, 2015 Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 2 of 44 ESTANCIA and OYSTER HARBOR (Sections 18 & 19): SFWMD & USACE PERMIT APPLICATION ENVIRONMENTAL SUPPLEMENT TABLE OF CONTENTS SECTION PAGE 1. INTRODUCTION.............................................................................................. ……………………….4 2. EXISTING CONDITIONS (PRE-DEVELOPMENT CONDITIONS) ....................................................6 2.1 Vegetation Associations. Land Forms. and Land Uses .......................................................6 2.2 Existing Topography & Drainage Patterns ..........................................................................6 2.3 Jurisdictional Wetlands and Other Surface Waters .............................................................8 2.4 Listed Plant and Animal Species .......................................................................................11 2.5 Historic/Archaeological Resources ....................................................................................12 2.6 Soils....................................................................................................................................12 3. PROPOSED CONDITIONS (POST-DEVELOPMENT CONDITIONS) ............................................15 3.1 Proposed Project ................................................................................................................15 3.2 Project Construction Schedule and Best Management Practices ......................................16 3.3 Project Impacts to Jurisdictional Wetlands and Other Surface Waters ..............................17 3.4 Preservation of Wetlands. Uplands. & Created/Restored Wetlands ..................................19 3.5 Project Impacts to Listed Species ......................................................................................10 3.6 Project Impacts to Archaeological/Historical Resources.....................................................23 4. AVOIDANCE & MINIMIZATION OF WETLAND IMPACTS .............................................................24 5. WETLAND ENHANCEMENT PROGRAM .......................................................................................26 5.1 Enhancement Activity Categories……………………………………………………..………..26 5.2 Additional Components of Enhancement Program………………………………………..….28 5.3 General Specifications...…………………………………………………………..………..……29 5.4 Anticipated Program Schedule…………………………………………………..………..…….32 6. WETLAND ENHANCEMENT PROGRAM SUCCESS CRITERIA ...................................................33 7. WETLAND MONITORING PROGRAM ……………………...............................................................34 8. PRESERVE AREAS MAINTENANCE PROGRAM ……...................................................................37 9. FINANCIAL RESPONSIBILITY FOR WETLAND ENHANCEMENT PROGRAM ............................38 10. BASIS OF WETLAND ENHANCEMENT PROGRAM AS ADEQUATE COMPENSATION FOR PROPOSED TEMPORARY WETLAND IMPACTS .........................................................39 11. CUMULATIVE IMPACTS ANALYSIS .............................................................................................42 12. PUBLIC INTEREST ANALYSIS .....................................................................................................43 Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 3 of 44 TABLE OF CONTENTS (continued) APPENDICES Appendix A: Tables Appendix B: Estancia and Oyster Harbor East: Existing Vegetation Associations (FLUCFCS) & Listed Species Survey Appendix C: Attachments Attachment 1. Letter from the Division of Historical Resources Regarding Florida Master Site File Search Performed for the Estancia and Oyster Harbor East projects Attachment 2. Estancia and Oyster Harbor East: Listed Species Protection Plan Attachment 3. USACE Approved Jurisdictional Determination (August 28, 2015) Appendix D: UMAM Forms and Calculations Appendix E: Figures Figure 1. Location Map Figure 2. Historic Aerial (1980) Figure 3. Current Aerial (2015) Figure 4. Existing Estancia FLUCFCS & Wetlands Figure 5. Existing Oyster Harbor East FLUCFCS & Wetlands Figure 6. Proposed Site Plan Figure 7. Preserves Map Figure 7A – Preserve W-1 Figure 7B – Preserve W -2 Figure 7C – Preserve W -3 Figure 7D – Preserve W -4 Figure 7E – Preserve W -4 Contouring Wading Bird Foraging Improvements Figure 8. Impacts Map Figure 9. Dredge and Fill Exhibit Figure 10. Soils Map Figure 11. Fiddler’s Creek Overall DRI Boundary Figure 12. Location of Observed Listed Species Figure 13. Florida Panther Priority Zone Boundary and Telemetry Figure 13A – Cat #146 Telemetry Data in Proximity to Project Figure 13B – Cat #147 Telemetry Data in Proximity to Project Figure 13C – Cat #158 Telemetry Data in Proximity to Project Figure 13D – Cat #193 Telemetry Data in Proximity to Project Figure 14. Active Wood Stork Colonies in proximity to Project Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 4 of 44 1. INTRODUCTION FCC Creek and FC Oyster Harbor (applicants) seek to develop a residential and a residential / golf course community within the existing Fiddler’s Creek development east of Naples, FL. The application includes the eastern phase of the Oyster Harbor development project and the entirety of the proposed Estancia devleopment. The project areas include approximately 812 acres of land and are the remaining undeveloped portions of the 3,932 acre Fiddler’s Creek Development of Regional Impact (DRI). The Fiddler’s Creek DRI is presently approved for a total of 6,000 residential units, 33.6 acres of business use, community facilities, schools, roads, parks, recreation and open space, golf courses, lakes and environmental preserves. The property is located at the southwestern corner of a larger agricultural area east of the CR951 and US 41 intersection. See the enclosed regional aerial exhibit (Figure 1). The property has been in agricultural production since the late 1960’s and early 1970’s originally by A. Duda and Sons Farms and since 1992 by South Coast Vegetable and Gargiulo Farms (Figure 2). The Project area is approximately 10 miles southeast of Naples (4 miles southeast of the CR 951 and US 41 intersection), immediately south of US 41 in Collier County, Florida (township 50 South, Range 27 East, Portions of Sections 18 and 19; Figure 1). Driving directions to the project site would start from Exit 101 south from Interstate 75. Head south on Collier Blvd (CR951) to the Tamiami Trail (US 41) intersection. Turn east on US 41 and approximately 4 miles to the project entrance on the south side of the road. The Project area is currently in use as active and fallow row crop agricultural lands with three remnant isolated depressional wetland areas that have not been farmed (Figure 3). The application includes project areas for two distinct development areas. The Oyster Harbor project area is the eastern phase of the existing Oyster Harbor development project which encompasses the northwest portion of the farm field area as well as the old packing house property and the existing workforce housing area. The project area for this phase of the development is approximately 192 acres. There are no wetlands within the Oyster Harbor project area though there are 8.1 acres of agricultural ditches which have been claimed as non-wetland waters in the August 28, 2015 U.S. Army Corps of Engineers (USACE) Approved Jurisdictional Determination (AJD) (Figure 5). Part of the Estancia project will include conducting wetland enhancement activities on lands within and adjacent to the project site. Three internal wetland preserve areas are currently proposed. While these three areas are isolated and therefore not currently jurisdictional as outlined in the August 28, 2015 U.S. Army Corps of Engineers (USACE) Approved Jurisdictional Determination (AJD) they will be avoided and, as a result of this project, be connected to offsite waters through the proposed storm water management design. These three areas together encompass approximately 30.1 acres of state jurisdictional wetlands and are situated within the existing agricultural operations (Figure 4). It should be noted that the wetland acreages presented in this report differ slightly from the acreages presented in the AJD due to surveys of the wetland areas conducted after the PJD submittal. The proposed project will also undertake the enhancement of a small fallow field area located outside of the proposed development boundaries. This fallow area will be regraded to remove the existing berm and ditch around it as well as to create a system of pools designed to provide enhanced foraging opportunities for wading and other birds which can be found on and around the project site. (Figure 7E). The Estancia project will impact approximately 39.56 acres of fallow farm field which has been claimed as jurisdictional by the USACE in their August 28, 2015 AJD. This document provides information concerning the proposed Oyster Harbor and Estancia projects as they relate to natural resources and environmental issues. It was written to support an application submitted to the South Florida Water Management District (SFWMD) and the USACE for an Individual Environmental Resource Permit (ERP) needed for the project. A few tables are presented directly in the main body of this document. Unless otherwise indicated, most tables referenced are contained in Appendix A while most Figures are contained in Appendix E. Various important terms employed in this document are as follows: • "ERP plans" or "engineering plans" = these are the 24"x36”, 11”x17”, and 8.5”x11” engineering plan sets for the project generated by Grady Minor and Associates entitled "Estancia at Fiddler’s Creek Surface Water Management Plans". They are provided in the joint permit application package. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 5 of 44 • "Enviro plans" or "environmental plans" = these are the 11”x17” and 8.5”x11” environmental plans set for the project generated by Turrell, Hall and Associates. They are provided in the joint permit application package. • "USACE plans" or "USACE permit drawings" = these are the 8.5" x 11" set of project plans/drawings specifically generated for the project's USACE permit application. They are provided in the joint permit application package. • "Project lands", "Project site", or "Estancia/Oyster Harbor property = all lands contained within the Estancia and Oyster Harbor property boundaries (e.g. all the "on-site" lands). • "Project Preserve" or "Preserves" = that portion of the Estancia property that will be preserved in a conservation easement. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 6 of 44 2. EXISTING CONDITIONS (PRE-DEVELOPMENT CONDITIONS) 2.1 VEGETATION ASSOCIATIONS, LAND FORMS, AND LAND USES The existing habitat types (FLUCFCS map units/categories) present on the project lands and nearby areas are shown on Figures 4 and 5. All existing FLUCFCS categories are described in Appendix B. Tables 1 and 2 list each of the existing major FLUCFCS categories and their extent as mapped on the property while Appendix B contains a table listing all the unique FLUCFCS map units present on the property and their extent. Of the total 811.7 acres contained within the two property boundaries, 84.9% classify as uplands (689.2 ac.), 5.8% classify as other surface waters (47.0 ac. agricultural irrigation ditches), and 9.3% classify as wetlands (44.6 ac. combined of USACE and SFWMD jurisdictional and 30.1 ac. SFWMD only jurisdictional). The majority of the property consists of actively farmed row crop fields. Other agricultural areas and features constitute most of the remaining area (tree nursery, agricultural irrigation ditches, farm roads and trails, and previously cleared agricultural lands and facilities areas). There are no rare or exceptional vegetation associations present on any of the project lands. 2.2 EXISTING TOPOGRAPHY & DRAINAGE PATTERNS Sheet 4 of the ERP plans illustrates existing topography and general surface water drainage patterns. According to the South Florida Water Management District (SFWMD), the project lands as well as surrounding off-site lands extending several miles beyond the site are located within the West Collier Watershed on the border between the Henderson Creek and Southern Coastal drainage sub-basins. The basin boundary (divide) generally follows US 41 East and West across the northern boundary of the project site. The Collier County drainage atlas emphasizes that the exact location of the dividing line between these two basins is stage dependent and thus can vary considerably depending on water tables stages in areas on either side of the basin divide. The majority of the subject property consists of actively managed row crop fields. These crop fields have been graded to drain into internal irrigation field ditches and/or into perimeter rim ditches surrounding groups of fields. The larger groups of crop fields are bordered by large perimeter containment berms. Because of these perimeter berms, no runoff naturally drains from the crop fields to non-field areas, e.g. enclosed system. The field rim ditches are located on the field side of the perimeter berms. The water table (water levels) within the crop fields (and within the field perimeter berms in general) is strictly managed and controlled. Water levels on the site are controlled by the on-site pumping operations authorized by SFWMD Water Use Permit (11-00095-W) for agricultural irrigation of small vegetables using a seepage irrigation system. Withdrawals are from an onsite lake via one existing withdrawal facility and from the Surficial Aquifer System from shallow wells via four existing withdrawal facilities. Irrigation pumps which pump water into the internal ditches from permitted wells are located at several locations within the project boundary. Outfall pumps move water out of the fields via the internal ditches when high rainfall events (usually during the rainy s eason) require the water elevations to be dropped to protect the crops or to allow access into and out of the fields. A Perimeter Berm and Rim Ditch completely surround and enclose these agricultural lands and irrigation system (network of ditches, pumps and water withdrawal wells). Within this irrigation system water is artificially held at higher elevation than normal water levels in the area to periodically control nematodes and irrigate the planted crops through elevated groundwater levels. This excess water, when no longer needed, or if rainfall events raise the water levels too high, is then pumped over the perimeter berm and into the wetlands south of the property and/or, on the rare occasion when additional relief is needed in the northern fields due to extremely high rainfall events, into an outfall ditch located along the western boundary of the site, to where it can flow into the existing constructed Fiddler’s Creek Marsh Enhancement Buffer and Spreader System (MEBSS). Surface water flows and elevations in the area are directed and controlled by surrounding structures such as US 41 and CR 951, as well as several man-made conveyance structures such as the US 41 Canal, the Collier County Drainage Canal, and Fiddler’s Creek MEBSS. These conveyances are located north, west, and southwest of the property. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 7 of 44 Water movement within the areas surrounding the property, is controlled by the various structures mentioned above but influenced by the general historic water movement based on land elevation. Historically, prior to extensive human development of the area, water generally flowed from northeast to southwest driven by the land elevations dropping toward the Gulf of Mexico. Water generally flows in this same direction but largely via the existing stormwater control canals (US 41 Canal, Collier County Drainage Canal and etc.). Surface water moves to tide quickly from US 41 to tidal bays of the Gulf of Mexico via Henderson Creek. Surface water within the project boundary is not tidally connected and will move towards the tidal bays much more slowly via the overland flow through the wetlands south and west of the project site after exiting through the MEBSS. On the other hand, the land elevations are lower in the area of the MEBSS, approximately 2.5 feet NGVD (with small wetland channels and wetland elevations being at 2.0 or less feet NGVD) than they are along the US 41 Canal, where land elevations are approximately 4-5 feet NGVD, north of the project site. Although the weir structure that controls water movement from the US 41 Canal into Henderson Creek from the southeast is in an area of land elevations of approximately 4- 5 feet NGVD, the “control elevation” of this weir is approximately 2.0 feet NGVD when open with the US 41 Canal itself at even lower elevations. This weir structure is generally open during the rainy season from June through October of each year. As a result of the more rapid water movement through open canals connecting the Collier County Drainage Canal with the US 41 Canal and Henderson Creek compared to the slower movement of water out of the MEBSS through wetlands with small vegetated channels to the south and west, water tends to flow in both directions when it is staged up by heavy rain events. Therefore, the water at both ends of this water conveyance system (MEBSS to the south and Henderson Creek Weir on the US 41 canal to the north) tends to “seek” an elevation of approximately 2 feet NGVD. This water elevation of approximately 2 feet NGVD at both ends of the system in the rainy season is a result of the Henderson Creek Weir being open while during the typical dry season by lack of water in the system as a whole. Other than truly severe and extended rainfall events, such as tropical systems or stalled frontal systems, the water in the water control system described above is typically at 2.5 feet or below, except for temporary periods when it is higher during and after rain events. In south Florida groundwater elevation tends to be very similar to these surface water elevations because the sandy soils allow it to fall rapidly and these surface water systems are simply expressions of the surface groundwater level. The normal or typical water elevation of 2.5 feet NGVD or below in the Fiddler’s Creek area is further supported by observed water marks on structures in the US 41 Canal, Collier County Drainage Canal and box culverts connecting these two canals and within the stormwater management systems of existing development. There are a number of water marks on these structures, with the highest fairly clear watermark being around 3.25 feet NGVD on the US 41 to Henderson Creek Weir structure indicating the Ordinary High Water Mark or the highest water typically stays for any extent of time. There are several other distinct watermarks at lower elevations. In particular, there is a distinct heavy white water mark at approximately 2.5 feet NGVD in the existing development’s stormwater systems. The 2.5 foot NGVD elevation is the SFWMD control elevation for discharge of water from the Marsh Cove development stormwater management system (developed section of Fiddler’s Creek located to the west of the proposed project site) to the MEBSS and is typical of the control elevations in this area. The water clearly stays at this elevation, 2.5 feet NGVD for extended periods since it is controlled at that elevation by the discharge structure. Of course the water outside of this Marsh Cove stormwater system water control structure is at or below 2.5 feet most of the time or the water elevation would express such a distinct watermark at a higher level since water moves freely into and out of the stormwater management system to the MEBSS and Collier County Drainage Canal above 2.5 feet NGVD. Crop production in the row crop fields generally begins in September and ends in May. Significant field dewatering generally takes place for a period in mid to late July at the onset of field preparation activities. The dewatering typically occurs as needed depending on local rainfall in mid to late August and continues through mid-September, a period coinciding with final preparation of raised crop beds and initial plantings. Throughout the crop production period, fields are irrigated as necessary to hold the water table elevation roughly 6 to 10 inches below the base of the beds (i.e. about 12-16" below typical surface of the raised beds). Although crop production occurs during the dry season, throwout pumps may continue to be run during significant rainfall events, particularly from mid- September through December. Since the fields are being irrigated to maintain a constant water table near the soil surface, relatively minor rainfall events can raise the water table adversely high thereby necessitating the use of the throwout pumps to bring the water table back down to the desired level. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 8 of 44 2.3 JURISDICTIONAL WETLANDS AND OTHER SURFACE WATERS Qualified Turrell, Hall and Associates (THA) environmental staff inspected the project lands for the purpose of delineating wetlands and other surface waters. The wetland delineation methodologies and criteria set forth by the state (in Chapter 62-340, FAC, Delineation of the Landward Extent of Wetlands and Surface Waters) and the US Army Corps of Engineers (USACE) {in accordance with 33 CFR Part 331, Regulatory Guidance Letter (RGL) No. 08-02 issued June 26, 2008 and subsequent guidance provided by the Wetlands Regulatory Assistance Program Regional Supplement to the COE Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (ver. 2.0)} were followed in determining whether an area classified as a wetland or other surface water and in delineating the limits (boundaries) of potential jurisdictional wetlands and other surface waters. THA ecologists flagged the boundaries of areas determined to classify as wetlands. There were very few cases where it appeared wetland lines established based on the state methodology would differ from those established based on the federal (USACE) methodology. Where this did occur, the feature boundary was flagged based on the landward-most extent of the two methods -in other words, the methodology that produced the greatest extent of wetlands was used to flag the wetland line (the "safe uplands line" approach). The wetland boundaries flagged (or otherwise marked) by staff ecologists were subsequently survey-located. The boundaries (limits) of the areas classifying as "other surface waters" (OSWs) present on the property were determined from an aerial topographic survey prepared by Q. Grady Minor, through interpretation of rectified aerial photography taken in conjunction with this survey, and through direct field observations. Limits of off-site wetlands were determined through interpretation of this same photography along with aerial photographs generated by Collier County. An application requesting a jurisdictional determination (JD) for this project site was submitted to USACE on March 18, 2015. In response to the JD application, a field review of the site was conducted by USACE on April 8, 2015. The final USACE AJD was issued August 28, 2015 and is enclosed as Attachment 3 of Appendix C. 2.3.1 Jurisdictional Wetlands Figure 4 of the Enviro plans depicts wetlands present on the project lands and immediately adjacent areas. Within the Estancia property there are 6 wetlands that encompass a total of 74.7 acres or about 12.2% of the property. These "on-site" wetlands are identified as wetlands W - 1 through W -6. All six of the on-site wetlands are SFWMD jurisdictional but only wetlands W -4, 5, and 6 (44.6 acres) are USACE jurisdictional with the other three isolated within the field system and not USACE jurisdictional. Table 3 provides a listing of the various existing FLUCFCS types mapped in the on-site wetlands. The following paragraphs provide a general description of each of the six on-site wetlands. All of the wetlands situated within the agricultural fields are completely isolated by a perimeter berm and agricultural ditch system from the wetlands to the south. Appendix D contains UMAM forms addressing existing conditions in the wetlands discussed below. Wetland W-1 (11.0 acres; along the north boundary of the property; SFWMD jurisdictional only) This wetland is surrounded and enclosed by an agricultural berm and a very dense fringe of exotic vegetation, predominately Brazilian pepper. Based on a review of historic aerial photos and field observations, it appears this wetland was once part of a larger system than was bifurcated by US 41 and further reduced as a result of the historical row crop activities. This wetland has been affected by the surrounding agricultural grading (construction of ditches, berms, row crop fields) as well as it being used for direct outfall pumping which has altered the area's hydrology. Wetland W-1 is primarily a pond apple and pop ash depressional wetland. Brazilian pepper has invaded portions of the wetland, in some cases over 75%. Active agricultural manipulation of water levels in the adjacent row crop fields and irrigation ditches currently dictates the wetland's hydroperiod. Relatively deep standing water can be present for significant periods when the area water table is allowed to Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 9 of 44 remain high though the water table can drop drastically when water is pumped out of this area. Wetland W-2 (14.0 acres; along the west central boundary of the project; SFWMD jurisdictional only) This wetland is completely surrounded and enclosed by agricultural berms and irrigation ditches. Indications are that the central portion of the wetland, an area dominated by cypress and pond apple, was historically a depressional wetland but that the surrounding portions were once pine flatwoods. Today, these outer portions of the wetland consist of areas of dense Brazilian pepper, and a scrub/shrub community dominated by an admixture of shrubby species such as Carolina willow, primrose willows, and wax myrtle. The entire wetland can be inundated for significant periods when the water table in the surrounding fields is allowed to remain high. Similar to wetland W -I, this wetland's hydroperiod is controlled by the management of water levels in the adjacent row crop fields and irrigation ditches. Wetland W-3 (5.1 acres; within the east central portion of the property; SFWMD jurisdictional only) This wetland is also completely surrounded and enclosed by agricultural berms and irrigation ditches. Indications are that this wetland, like W -2, was also a depressional wetland. Today, the entire wetland is infested with dense Brazilian pepper, and only a rare remnant of the original cypress and wetland hardwoods remain. The entire wetland can be inundated for significant periods when the water table in the surrounding fields is allowed to remain high. Similar to the other wetlands, this wetland's hydroperiod is controlled by the management of water levels in the adjacent row crop fields and ditches. Wetland W-4 (5.1 acres; in the southeast corner of the property; SFWMD & USACE jurisdictional) Based on field observations and a review of historic aerial photographs, it is possible that most of this wetland is man-made and once was part of a larger upland area. This wetland is a fallow agricultural row crop area that has not been farmed in several years. It appears that the topographic manipulation associated with past agricultural activities may have lowered the ground elevation enough to create the grades sufficient to establish a hydrologic regime capable of supporting wetland plant species which subsequently colonized the area. This disturbed wetland is now dominated by a mixture of herbaceous wet prairie species. Exotic plant species including para grass, torpedo grass, and Brazilian pepper have invaded a large portion of the wetland and are the dominant cover throughout. The wetland's hydroperiod is largely determined by manipulation of water levels in the nearby row crop fields and irrigation ditches. There are signs that portable throwout pumps sometimes discharge water from adjacent row crop fields into the ditch surrounding this wetland. Wetland W-5 (26.5 acres; in the south central portion of the property; SFWMD & USACE jurisdictional) This wetland is a fallow agricultural row crop area that has not been farmed in several years. Based on the Soil Survey of Collier County, this area was composed of non-hydric soils. It appears that the topographic manipulation associated with past agricultural activities may have lowered the ground elevation enough to, in conjunction with the irrigation pumping into the fields, create the grades sufficient to establish an artificial, irrigation maintained hydrologic regime capable of supporting wetland plant species which subsequently colonized the area. This disturbed wetland, which is maintained by ongoing irrigation activities is now dominated by a mixture of herbaceous wet prairie species. Exotic plant species including para grass, torpedo grass, and Brazilian pepper have colonized the wetland and are the dominant cover throughout. The wetland's hydroperiod is largely determined by manipulation of water levels in the abutting row crop fields and irrigation ditches within the enclosed perimeter berm. Wetland W-6 (13.0 acres; in the southeast corner of the property; SFWMD & USACE jurisdictional) Like wetlands 4 and 5, this wetland is a fallow agricultural row crop area that has not been farmed in several years. This area, like wetlands 4 and 5 was also composed of non-hydric soils which now exhibit some indication of wetland hydrology which is maintained by the ongoing agricultural irrigation on the abutting actively farmed fields enclosed by the perimeter berm and rim ditch system. The plant community on this wetland is the same as is present on Wetland 5 described above. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 10 of 44 Wetland Seasonal High Water Table and Hydroperiod Ecologists estimated the existing seasonal high water table (SHWT) elevation in each of the wetlands on the project property and in the wetlands offsite to the south. The existing SHWT was estimated based on various physical and biological indicators such as water stains drift lines, tussocks, adventitious rooting, buttressed tree trunks, lichen lines, etc. An elevation marker was established in the wetlands and the elevation of each marker was later determined using standard survey methods. The estimated "normal" SHWT elevations ranged from 2.4 feet to 2.8 feet NGVD. Ecologists also observed the peak water table elevations that were judged to be the result of agricultural manipulation of the water table (through pump discharges into wetlands, manipulation of water table in surrounding fields, etc.). Former historic SHWT elevations were essentially impossible to gage in the wetlands present on project lands. The hydroperiods in these wetlands have been altered by farming activities for so long that signs of the historic high water levels have vanished or are so faint and/or variable that they could not be estimated with sufficient certainty. In other off-site wetlands at a greater distance from the project lands, there were some faint signs that the regional historic SHWT found in wetlands may have been slightly higher than current SHWT levels. However, these historic SHWT levels have been permanently altered by the regional water control structures such as the 2.0 NGVD control elevation structure on the US 41 canal at Henderson Creek. One must remember that the existing SHWT elevations determined for wetlands on the property do not necessarily reflect a "natural" hydroperiod. The water levels in these wetlands are governed by how the area water table is regulated in the surrounding agricultural fields and are affected by direct discharges of water (pumping) into and out of the fields as well as allowing fields containing the wetlands to flood on occasions. Water levels in the wetlands adjacent to the property (south) are also affected by how the water table is managed in the nearby fields. In these off-site wetlands typical high water levels are skewed by discharges of water (pumping) from the adjacent fields into the wetland. As mentioned, the current hydroperiod found in all the on-site wetlands is adversely affected by agricultural surface water management practices. These practices essentially "short-circuit" the typical hydroperiod in a variety of manners, particularly in cases where the wetland is located within row crop fields. Examples of the hydroperiod impacts include: • For wetlands within crop fields, field irrigation/water table management artificially maintains the wetland's water table much higher than it would normally be during the dry season. During the middle and latter parts of the dry season, the normal water table would typically be 2 to 3 feet below the soil surface. Field irrigation practices instead maintain the water table 8 to 10 inches below the soil surface. Once irrigation ceases near the beginning of the wet season, the water table rapidly declines. This decline is particularly abrupt in cases where the wetland is bordered by one or more agricultural irrigation ditches. Crop fields are allowed to flood during the peak of the wet season to help control nematodes. This practice artificially raises the wetland water table elevation higher than would typically occur. In a natural setting, surface runoff would commonly disperse rainfall inputs. The crop fields are a closed system since they are surrounded by perimeter berms thereby forming impoundment areas. Wetland hydrology would not be present if the agricultural irrigation practices ceased. • Wetlands subject to water inputs via agricultural pumping and discharge of water into the wetland also have disrupted hydroperiods. Pumping begins (via throwout pumps) during the peak of the wet season when the typical wetland SHWT would be near its maximum elevation. Pumping sends large volumes of water into the wetland raising the water table higher than normal and causing the water level to rise much faster than would occur during typical rainfall events. Pumping can continue intermittently during the dry season. Commonly the water table in the affected wetlands would be well below the soil surface during the majority of this period. The pumping can inundate portions or all of the affected wetland for a brief period and also artificially raises the water table for a longer period. Both the elevation of the water table and the rapid fluctuations in water table elevations that result from pumping are atypical of the normal hydroperiod. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 11 of 44 2.3.2 Jurisdictional Status of Other Surface Waters All the OSWs on the property are man-made agricultural irrigation ditches that are an active part of the current agricultural surface water management system. Characteristics of these ditches are highly variable. Some are largely devoid of vegetation while others have patchy cover by native and exotic herbaceous species alongside slopes and ditch bottoms. Nuisance, exotic, and native woody species can also be present. Maintenance excavation is performed in these ditches as is occasional applications of herbicides, thereby altering vegetative cover following such events. All of the agricultural irrigation ditches within the enclosed agricultural rim ditch and berm system have been determined to be non-wetland waters as identified in the USACE AJD. Most of the agricultural irrigation ditches mapped on the property are hydraulically connected to one or more other ditch segments within the agricultural irrigation system via pipes. One remnant portion of the historic perimeter rim ditch was isolated from the remainder of the system when farming in the small fallow field (W -4) was abandoned. When the area was being farmed, this OSW was part of the agricultural rim ditch bordering the perimeter of the fields. When the area was abandoned from farming, most of the rim ditch remained but was severed from the former continuations of the ditch. Today this ditch is dominated by dense Brazilian pepper growing along its upper side slopes. A few scattered native trees and shrubs have also colonized the ditch slopes but the peppers are by far dominant. There is practically no littoral vegetation owing to the heavy shading by exotics. The MEBSS located off-site to the southwest corner of the propert y is a large constructed stormwater attenuation and outfall component of the Fiddler’s Creek DRI. The waters within this system do currently outfall into adjacent wetlands to the south. This water is believed to be jurisdictional to both the SFWMD and the USACE. The project proposal will entail extending this stormwater feature into the proposed development as shown on the plans (Sheets 2 and 3 of the ERP plans). 2.3.3 Jurisdictional Status of Wetlands All of the wetlands now present on the project lands were assumed to be SFWMD jurisdictional. Wetlands W - I, W -2, and W -3 are all isolated wetlands surrounded by upland crop fields and there are no ditches bordering or in close proximity to these wetlands that have any direct hydrologic connections with off-site wetlands or other Waters of the United States. These three on-site wetlands were assumed to not be USACE jurisdictional because of these factors and this determination was verified by the USACE in their August 28, 2015 AJD. On-site wetland W -4 is isolated in that it is surrounded by a berm and ditch though it is not part of the current surface water management program associated with the agricultural activities. The southern boundary of wetland W-4 is roughly 60 feet from adjacent off-site wetlands to the south. Given this short upland berm separation distance between the wetland and the ditch combined with the direct hydrologic connection of the off-site wetlands to tidal waters, USACE considers wetland W -4 to be jurisdictional via the "significant nexus" criteria of jurisdiction. On-site wetlands W -5 and W-6 are isolated from the wetlands to the south in that they are located within the field irrigation system which is surrounded by a berm and ditch. However, the southern boundaries of these two wetland areas are approximately 90 to 120 feet from adjacent off-site wetlands to the south. Given this short separation distance (proximity) between the wetland and the direct hydrologic connection of the off-site wetlands to tidal waters, USACE has considered wetlands W -5 and W -6 to be jurisdictional as adjacent wetlands by proximity (reasonably close to jurisdictional waters and have an inferred ecological interconnection to jurisdictional waters) in the August 28, 2015 AJD, even though this appears to run afoul of interpretations that wetlands cannot be adjacent to other wetlands as provided for in the Corps regulation. 2.4 LISTED PLANT AND ANIMAL SPECIES A thorough survey for listed animal and plant species was conducted on the project lands by THA ecologists. This listed species survey and its results are discussed in Appendix B. Figure 10 shows the approximate locations where listed animal species were observed on and near the project lands during the course of the Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 12 of 44 referenced survey. The listed animal species observed on project lands by THA included American alligator, crocodile, little blue heron, snowy egret, tricolored heron, wood stork, sandhill crane, bald eagle, and Everglades snail kite. Other than some alligators, none of the observed listed animal species appear to reside or nest on the project lands. No listed plant species were found by THA on the project lands. A few listed animal species in addition to those documented on the project lands by THA have some potential for occurring in certain habitats present on project lands. These species are discussed in Appendix B and include; indigo snake, gopher tortoise, gopher frog, roseate spoonbill, limpkin, burrowing owl, crested caracara, white ibis, peregrine falcon, southeastern American kestrel, Florida panther, Big Cypress fox squirrel, and Florida black bear. The probability of these animals utilizing suitable habitats in project lands ranges from very low to moderate depending upon the particular species (see discussion in Appendix B). It is improbable that any of these species currently reside or nest on the project lands. These listed species records and the source of these records are also discussed in Appendix B. It is highly unlikely that any listed plant species could be present on the project lands. 2.5 HISTORIC/ARCHAEOLOGICAL RESOURCES Agricultural operations have been undertaken on the project site for at least the past 50 years. No evidence of any archaeological artifacts or discoveries has been documented on the project site during that time period. 2.6 SOILS Based on the National Resource Conservation Service (NRCS) "Soil Survey of Collier County Area, Florida" (NRCS, 1988) there are 9 different soil types (soil map units) present on the project lands. Figure 9 provides a soils map for the project area as derived from the NRCS mapping. The following sub-sections provide a brief description of each soil map unit identified on the project lands. Information is provided about the soil's landscape position (i.e. its typical location in the landscape on a county-wide basis), the soil's profile (i.e. textural composition and thickness or depth range of the layers or horizons commonly present in the soil), and the soil's drainage and hydrologic characteristics. Under the category of drainage/hydrologic characteristics, certain terms are employed that may warrant explanation. When the seasonal high water table is addressed, the type of water table is identified as being either "apparent" or "perched". An apparent water table is a thick zone of free water in the soil (i.e. vertical movement of the water table is essentially unconfined). A perched water table is water standing above an unsaturated zone. In such cases there is semi-confining layer present that impedes water percolation through the layer. There can be a water table above this layer followed by an unsaturated zone below the layer and a second water table below this zone. The hydrologic soil group is also identified for each soil. There are 4 groups that are used to estimate runoff from precipitation. Soils are grouped according to the rate of infiltration of water when the soils are thoroughly wet and are subject to precipitation from long- duration storms. The four groups range from A (soils with a high infiltration rate, low runoff potential, and a high rate of water transmission) to D (soils having a slow infiltration rate and very slow rate of water transmission). The soils occurring on project lands are as follows: Holopaw fine sand, limestone substratum (Map Unit #2) Landscape position –Sloughs and broad poorly defined drainageways Soil profile -The entire soil profile is fine sand down to a depth about 57 inches. The upper 5 inches or so is dark gray transitioning to white then back to gray at lower layers. Drainage/Hydrologic characteristics -Poorly drained. Permeability is moderate. The seasonal high water table (apparent) is at a depth of 6 to 18 inches for 1 to 6 months. Hydrologic group is BID. This map unit is classified as a hydric soil by the NRCS. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 13 of 44 Immokalee fine sand (Map Unit #7) Landscape position -Flatwoods. Soil profile -The entire soil profile is fine sand and has a spodic horizon at a depth of 35 to about 55 inches. The solum thickness ranges from 40 to 80 inches or more. Drainage/Hydrologic characteristics -Poorly drained. Permeability is moderate. The seasonal high water table (apparent) is at a depth of 6 to 18 inches for 1 to 6 months. Hydrologic group is BID. Oldsmar fine sand, limestone substratum (Map Unit #10) Landscape position -Flatwoods. Soil profile -The entire soil profile is fine sand with a surface layer of 4 to 5 inches of dark gray-brown fine sand transitioning to light grey down to about 35 inches. Subsurface soil is black fine sand and dark gray-brown fine sandy loam to 60 inches. Drainage/Hydrologic characteristics -Poorly drained. Permeability is moderate. The seasonal high water table (apparent) is at a depth of 6 to 18 inches for 1 to 6 months. Hydrologic group is BID. Oldsmar fine sand (Map Unit #16) Landscape position -Flatwoods. Soil profile -Surface layer to a depth of 3 to 8 inches consists of fine sand. Subsurface layer to depth of about 4 to 50 inches consist of sand or fine sand. Subsurface layers below this to a depth of 30 to 65 inches consist of sand or fine sand. Below these layers the subsoil is fine sandy loam, sandy clay loam, or sandy loam. Limestone bedrock begins at a depth of 60 to 72 inches but may not begin within 80 inches of the surface. Drainage/Hydrologic characteristics -Poorly drained. Permeability is slow or very slow. The seasonal high water table (apparent) is at a depth of 6 to 18 inches for 1to 6 months. Hydrologic group is BID. Basinger fine sand (Map Unit #17) Landscape position -Sloughs and poorly defined drainageways. Soil profile -All soil horizons present to a depth of 80 inches or more are comprised of fine sand. A weak spodic horizon occurs beginning at depths ranging from 12 to 38 inches. Drainage/Hydrologic characteristics -Poorly drained. Permeability is rapid. The seasonal high water table (apparent) is within 12 inches of the surface for 3 to 6 months. Shallow standing water is present for about 7 days following peak rainfall events during the wet season. Hydrologic group is BID. This soil is classified as a hydric soil by the NRCS. Fort Drum and Malabar high fine sand (Map Unit #20) Landscape position –Ridges along sloughs. Soil profile -Surface and subsurface layers to a depth of about 20 inches consist of fine sand. Below this to a depth of about 80 inches or more is fine sand followed by limestone bedrock. Drainage/Hydrologic characteristics -Poorly drained. Permeability is moderate. The seasonal high water table (apparent) is at a depth of 6 to 18 inches for 1 to 6 months. Hydrologic group is BID. Boca, Riviera limestone substratum and Copeland fine soils, depressional (Map Unit #25) Landscape position –Depressions, cypress swamps, and marshes. Soil profile for Boca soil -Surface layer to a depth of 4 inches consists of very dark gray fine sand. Subsurface layers to a depth of about 32 inches consist of fine sand. Soil below this to a depth to about 32 inches is fine sandy loam. Limestone bedrock typically is found at around 30 inches. Soil profile for Riviera soil -The surface layer to a depth of 6 inches is gray fine sand. The subsoil layers to a depth of about 26 inches consist of fine sand. Soil below this to a depth to about 54 inches is sandy clay loam. Limestone bedrock typically is found at around 54 inches. Soil profile for Copeland soil - The surface layer to a depth of 6 inches is black fine sand. The subsoil layers to Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 14 of 44 a depth of about 18 inches consist of fine sand. Soil below this to a depth to about 24 inches is mottled sandy clay loam. Gray marl lies underneath down to the limestone bedrock at about 30 inches. Drainage/Hydrologic characteristics -Very poorly drained. Permeability is slow or very slow. Seasonal high water table (apparent) is up to 12 inches above the surface for 6 months or more typically. Hydrologic group is D. This map unit is classified as a hydric soil by the NRCS. Holopaw fine sand (Map Unit #27) Landscape position - Sloughs and poorly defined drainage ways. Soil profile -Surface and subsurface horizons to a depth of about 57 inches consist of fine sand or sand. The subsoil below these layers to a depth of about 62 inches consists of sandy loam, fine sandy loam, or sandy clay loam. Some pedons have a limestone substratum at depths ranging from 50 to 80 inches. Others lack a limestone substratum. Drainage/Hydrologic characteristics - very poorly drained. Permeability for Holopaw soils is moderate to moderately slow. The seasonal high water table (apparent) can range from 2 feet above the surface to 1 foot below the surface. Typically, these soils are ponded for 6 months or more during the wet season. Hydrologic group is D. This map unit is classified as a hydric soil by the NRCS. Urban Land, Immokalee, Oldsmar limestone substratum complex (Map Unit #34) Landscape position –Urban and other developed areas Soil profile – See above descriptions for Immokalee and Oldsmar soils Drainage/Hydrologic characteristics - Poorly drained. Permeability is moderate. The seasonal high water table (apparent) is at a depth of 6 to 18 inches for 1 to 6 months. Hydrologic group is BID. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 15 of 44 3. PROPOSED CONDITIONS (POST- DEVELOPMENT CONDITIONS) 3.1 PROPOSED PROJECT The purpose of the proposed Estancia and Oyster Harbor East projects is to develop new residential and golf course communities within the existing Fiddler’s Creek DRI. The location of the project is in a region where there is currently a demand for upscale home sites with access to golf course and other community amenities. Sheet 3 of the ERP plans and Figure 5 of this document illustrate the overall proposed site plan for the projects. The project site will be accessed from Tamiami Trail (US 41) at the north end of the project. Access will also be available to / from the west through the Oyster Harbor development phase which is currently under construction. Development will involve excavating lakes and other infrastructure using typical equipment such as backhoes, bulldozers, excavators, front-end loaders, and dump trucks. Roadways, golf course, and home sites will be filled to meet regulatory (FEMA) requirements. Some blasting may be necessary as part of the lake excavation activities. The blasting is conducted 6 to 8 feet below ground and will be conducted only in daylight hours (about 10 AM to 3 PM, possibly later if there are storm delays). The development will be done in phases and it is likely that agricultural activities may continue in areas that have not yet been brought into the construction schedule. As part of the project, a stormwater management system will be constructed throughout the development. The lakes, pipes, and swales will all tie into a created spreader system that will run along the southern and eastern boundaries of the project. This system will also tie into the existing Fiddler’s Creek MEBSS that exists to the west of the project site, previously required to be constructed as part of an extensive “Wildlife Habitat Enhancement and Management Plan” by USACE and ERP permits for the original development of Fiddler’s Creek DRI. Because of the desire to maintain and preserve the integrity of the off-site wetland systems to the south, a wildlife buffer and enhancement plan was incorporated into the original development proposal. The primary concern to off-site public owned wetlands, which has a major impact on wildlife and wildlife habitat in the area, was the invasion of off-road vehicles. To limit access to these areas, a long meandering marsh buffer/spreader system was to be located along the southern fringes of the property. The design and location of the marsh buffer/spreader system incorporated viable wildlife habitat along the southern fringes. (Figure 6, Sheets 2 and 3 of ERP plans). The stormwater management system will be composed of three drainage basins as outlined in the Engineering report. Basin OH encompasses the Oyster Harbor eastern phase in the northwest portion of the project area and will be tied into existing control structures to the west within the Oyster Harbor phase that is currently under construction. Basin E1 is the northern portion of the Estancia project and will be controlled at elevation 3.0 NGVD. Basin E2 is the southern portion of the Estancia project and will be controlled at 2.5 NGVD. All three basins provide surface water management for the planned residential golf course community and will contain common drainage facilities consisting of curb inlets, yard drains and catch basins along the golf course connected together and interconnected with underground culverts conveying surface water runoff to the series of lakes. The lakes will provide water quality treatment and attenuation required by the regulatory permitting. There are some special features in this project. The first is improvements to the US 41 outfall canal. The canal is proposed along the entire west property line and for several hundred feet along US 41. FDOT is currently improving US 41 to just past Sandpiper Drive. Plans to improve 41 along the Estancia property will include conveyance of runoff under 41 and into the outfall canal which would then convey water to the MEBSS from where it could flow south in a more natural sheet flow condition. The water control structure for Basin E-1 is located to discharge into the outfall canal along the east property line and the water control structure for Basin E-2 is located to discharge directly into the MEBSS extension which will be constructed as a part of the project. Basin OH will tie into existing control structures within the rest of the Oyster Harbor development currently under construction to the west. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 16 of 44 Both Estancia basins contain isolated wetlands which will be preserved and enhanced through improvements to the vegetative communities and hydrology of those wetlands. Existing berms will be leveled, existing agricultural irrigation ditches will be filled, and littoral shelves will be constructed from at least one internal lake to connect with the preserved wetlands. All the preserved wetlands will become part of the surface water management system except W -4. Various acreage estimates for the proposed project are provided below. • Total area within the Estancia property boundary = 811.7 acres o Oyster Harbor East = 191.9 o Estancia = 619.8 • Total wetlands and OSW within the project Boundary = 122.5 acres o Total SFWMD only wetlands = 30.1 acres (all in Estancia) o Total both SFWMD and USACE wetlands = 44.6 acres (all in Estancia) o Total OSW (irrigation ditches) = 44.1 acres  Oyster Harbor East = 8.1 acres  Estancia – 36 acres • Total uplands within the project boundary = 689.2 acres o Oyster Harbor East = 180.9 o Estancia = 508.3 • Total area to be developed as part of the project = 774.4 acres o Oyster Harbor East = 191.9 o Estancia = 582.5 • Portion of development area to be preserved = 37.4 acres (all in Estancia) • Total area outside of the development area boundary to be preserved = 7.2 acres • Total area to be preserved = 37.3 acres 3.2 PROJECT CONSTRUCTION SCHEDULE AND BEST MANAGEMENT PRACTICES The initiation of project construction activities will commence shortly after all necessary agency permits and approvals are secured. It is presently estimated that this will occur in the third quarter of 2016. Generally speaking, the operations office and related facilities (parking lot, on-site entry road, etc.), and stormwater ponds will be constructed first as will the perimeter stormwater berms encompassing the current construction area. Soil material resulting from the excavation of the lakes will be utilized on-site for the roadway, golf course, and house pads. Usually there will be multiple lakes being excavated simultaneously. Final completion of development activities is estimated to occur roughly 5 years after project construction is initiated but this could vary. It is important to understand that the existing row crop farming activities may continue during the initial phases of the project. Crop fields may be retained in areas not being developed and will be eliminated as the development progresses across the property. The fields and agricultural drainage and irrigation ditches associated with these fields will be modified as necessary in advance of the development to allow farming to continue. During the construction process, appropriate construction best management practices will be employed to help protect water quality and minimize the discharge of sediments and/or turbid water from the project site. The specific erosion/sediment/turbidity control methods and devices used will generally conform to applicable standards and criteria set forth in the "FDER Florida Development Manual," Sections 6-301 through 6-500 (FDER. 1988. "The Florida Development Manual: A Guide to Sound Land and Water Management," Chapter 6: "Storm Water and Erosion Control Best Management Practices for Developing Areas; Guidelines for Using Erosion and Sediment Control Practices," ES BMP1.01-1.67. Tallahassee, FL.). These methods will also typically conform to applicable standards and guidelines set forth in the "Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual" (FDEP, 2002). Prior to construction activities immediately adjacent to the conservation areas, the boundaries of those portions of the conservation areas adjacent to the development areas will be delineated with temporary barriers to identify and Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 17 of 44 protect the conservation areas during project construction. Marker devices such as enviro-fencing, ropes with flagging, and/or silt screens may also be used to help identify these boundaries. Appropriate measures will be taken to help protect water quality, minimize erosion, and control/minimize the discharge of sediments and turbid waters during the initial clearing, grubbing, and grading activities proposed within the conservation areas as part of the wetland enhancement program. Measures will also be taken to ensure the clearing/grading activities within the conservation areas do not inadvertently extend into nearby wetland and upland areas not slated for grading. 3.3 PROJECT IMPACTS TO JURISDICTIONAL WETLANDS AND OTHER SURFACE WATERS 3.3.1 Direct, Permanent Impacts Development of the proposed Estancia project will result in direct, permanent impacts to 39.56 acres of SFWMD or USACE jurisdictional wetlands. No wetland impacts are associated with the Oyster Harbor East project. As used herein, the term "direct, permanent impacts" refers to actions that will result in the complete elimination or loss of jurisdictional areas (i.e. excavation and fill). All of the remaining on-site wetlands will be preserved. There are currently multiple other surface waters (OSWs) within the property boundary. These are all segments of man-made agricultural irrigation ditches. Development of the project will result in direct, permanent impacts to the entirety of all but one of these OSWs as shown on Figure 8. These impacted OSWs total approximately 43.6 acres (8.1 acres within Oyster Harbor East and 35.5 acres within the Estancia project) and were determined to be non-wetland waters by USACE in the August 28, 2015 AJD. The un-impacted OSW segment is the ditch that is adjacent to W -4, which will be incorporated into the wetland enhancement program for that area. The extension of the MEBSS will entail some excavation of the existing MEBSS shoreline to tie in the proposed continuation. This tie-in will result in approximately 0.2 acres of modifications to the shoreline and side slopes and excavation of approximately 1,377 cubic yards of material from the existing MEBSS feature. This impact is more than offset by the miles of new shoreline and side slope that will be created in association with the proposed extension. Combining the on-site impacts with the off-site impacts, the proposed project will result in direct, permanent impacts to a total of approximately 39.6 acres of wetlands (fallow farm fields), 43.6 acres of on-site OSWs (determined to be non-wetland waters by USACE) and a total of approximately 0.6 acre of off-site OSW . 3.3.2 Temporary Impacts Conducting the proposed wetland enhancement program for the project will result in temporary "impacts" to certain wetlands within the proposed conservation areas. As used herein, "temporary impacts" refer to those impacts that represent a temporary physical disturbance to wetlands but the affected areas still remain as wetlands following this disturbance. Proposed grading activities will require mechanized clearing, grubbing, and grading of the berms around all four wetlands as well as along the existing rim ditch. Grading activities associated with W -4 and the wading bird foraging enhancement action will also temporarily impact all of the W -4 wetland. These activities will largely take place in previously disturbed areas that are now dominated by exotics. As illustrated on Figure 9, the enhancement grading activities will "impact" approximately 5.1 acres of wetland W -4 within the boundaries of that preserve area. This wetland is both SFWMD and USACE jurisdictional. Hence, the proposed wetland mitigation program will necessitate temporary impacts to a total of 5.1 acres of SFWMD and USACE jurisdictional wetlands and to a total of 0.6 acres of OSWs as indicated in Table 4. The effects of the mechanized clearing and grading activities proposed should not really be considered as wetland "impacts" since they are necessary to carry out enhancement actions and will result in positive benefits to the affected wetland areas as well as to immediately adjacent wetland areas. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 18 of 44 3.3.3 Secondary Impacts to Off-Site Wetlands and Water Resources The proposed layout of the project's development features will minimize potential secondary impacts to off- site wetlands by providing an appropriate buffer between the development features and the proximal wetlands. Sheets 2 and 3 of the ERP plans illustrates that the project will extend the MEBSS around the southern and eastern boundary of the project which will provide an undeveloped buffer or "setback” of at least 100 feet between the majority of site development features and off-site wetlands. The proposed control elevation for the project is such that the on-site stormwater management system will not adversely impact natural hydroperiods in off-site wetlands. In fact the proposed stormwater system should serve to improve hydroperiods in adjacent off-site wetlands by eliminating the agricultural pumping that has been in place for the past 50 years. The lake-wetland separation standards set forth in Section 6.12 of the BOR are more than adequately satisfied by the project's proposed stormwater management system. These standards deal with the hydraulic gradient created between a stormwater lake's control elevation and the typical seasonal high water table (SHWT) of a nearby wetland. The purpose of the gradient standards or guidelines is to avoid drawdown effects of the lake upon the wetland's normal seasonal water table level. The gradient is expressed as: (SHWT elevation in wetland - control elevation of lake) / (distance from lake at control elevation to the wetland edge). A gradient of 0.005 or less is considered to pose no risk of wetland drawdown. This project has a gradient that varies from 0.000 to 0.003 as the MEBSS control will be set at 2.5 and the estimated SHWT varied from 2.4 to 2.8 NGVD. The project, when completed, will provide much greater water storage on the property than exists currently and thus will be a source of groundwater recharge for the general region. The water table in the lakes will reflect the existing regional water table and thereby maintain ambient natural water table levels. In this manner, the proposed lake will not adversely affect natural hydroperiods or peak water table elevations in off-site wetlands. To the contrary, the future lakes should potentially make more water available to off-site wetlands by creating large water storage areas that help recharge the surficial aquifer. These lakes will also more than compensate for the loss of the existing water storage volume provided in the on-site OSWs to be impacted that are isolated from the wetlands to the south by an enclosed perimeter berm and rim ditch system. The project's proposed stormwater management system is designed to comply with all applicable design standards and requirements set forth in SFWMD's Basis of Review (BOR), including but not limited to those addressing water quality criteria (BOR Section 5.0), water quantity criteria (BOR Section 6.0), and water management design and construction criteria (BOR Section 7.0). Adherence to these criteria will help ensure that, following development, discharges from the stormwater management system to off-site lands meets applicable state and federal surface water quality standards. During the construction process, appropriate best management practices will be employed to control and reduce soil erosion, sediment transport, and turbidity. Given these factors, the proposed project should not adversely impact water quality in off-site wetlands or surface waters. The current agricultural practices on the property result in significant loadings of nutrients and certain pesticides. These loadings will be substantially reduced by the proposed project, thereby improving water quality in the surficial aquifer. The proposed project stormwater management system will capture and treat on-site stormwater runoff in accordance with SFWMD / FDEP stormwater treatment and attenuation design criteria. The stormwater treatment capacity of the lake network will be large enough that it is anticipated the nutrient concentrations in waters eventually discharging from the lakes via proposed stormwater outfalls will be much lower than currently occurs. Currently agricultural practices on the property also include the use of throwout pumps to discharge water from the crop fields into off-site uplands and wetlands. This discharge lowers the water quality in the wetlands receiving water from the pumping since the water receives minimal, if any, treatment prior to the pumping. As the development progresses, the on-site farming activities including the use of throwout pumps will be eliminated. Discontinuation of pumping will further benefit water quality in off-site wetlands and other surface waters. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 19 of 44 3.4 PRESERVATION OF WETLANDS, UPLANDS, AND CREATED / RESTORED WETLANDS Development of the proposed Estancia project will impact two of the existing wetlands (Wetlands 5 and 6) present within the property boundaries and within the area enclosed by a perimeter berm and rim ditch system for agricultural irrigation, isolated from the wetlands to the south. These wetlands 5 and 6 have wetland hydrology based on the agricultural irrigation of the abutting active farm fields. In addition, essentially all of the existing OSWs (irrigation ditches), and the majority of the existing uplands. According to Collier County's method of classifying habitats as to whether they constitute "native vegetation" habitats, there are currently only a total of 24.2 acres of habitats (i.e. vegetation associations or FLUCFCS categories) on the property that may be classified as native vegetation. These areas occupy less than 4% of the total property. The proposed project will impact none of the existing "native vegetation" habitat areas on the property. All of the preserved areas will be enhanced through the removal of exotic vegetation and improvements to hydrology. The proposed Estancia project will include 4 isolated Conservation Areas that will contain preserved and enhanced wetlands and uplands as well as created/restored wetlands. These conservation areas will include the 3 on-site wetland preserve areas (W -1, W -2, & W -3) (37.4 acres), and the 1 off-site area (W-4) (7.2 acres). It should be noted that the W -4 conservation area is isolated from the proposed development but will be contiguous with off-site wetlands to the south. Both the ERP plans and the attached Figures illustrate the location of the proposed conservation areas. Table7 indicates this existing composition (FLUCFCS, wetlands, uplands, OSWs) of the proposed preserves. Table 8 indicates the anticipated composition following completion of the proposed wetland enhancement program within the conservation areas. All of the conservation areas will be placed under appropriate conservation easements, which will protect the future integrity of the wetland and upland habitats contained in these areas. Appropriate access easements will also be provided to insure future maintenance of the preserve areas can be undertaken. 3.5 PROJECT IMPACTS TO LISTED SPECIES The following subsections provide an assessment of the proposed project's potential impacts to various listed animal species. The species addressed include those observed on or in close proximity to the property as well as certain species that could potentially occur on the property and/or on off-site lands close to the project site. Wood Storks (Mvcteria americana) No wood stork nests, rookeries, or roosting sites have been found on the project lands. The closest documented wood stork colony is located approximately 19 miles northeast of the property in Katherine Island. The proximity of this rookery (colony) places the proposed project outside of the colony's 18.6- mile Core Foraging Area as defined by FWS. Wood storks have been documented foraging in a few of the larger agricultural ditches on the property. None of the on-site wetlands provide suitable foraging habitat for wood storks, mostly due to the density of shrub cover. It is possible that wood storks could occasionally forage in limited portions of on-site wetlands W -1 and W - 4, however the quality of these habitats for foraging purposes is minimal. Only the open waters associated with the farm ditches currently provides potential wood stork foraging habitat. None of the on-site wetlands or adjacent off- site wetlands currently offer habitats suitable for establishment of wood stork rookeries. The proposed project will permanently impact none of the wetlands present on the property. These wetlands will be enhanced to provide more suitable foraging habitat than currently exists. The project will eliminate essentially all of the existing OSWs present on the property (i.e. the existing man-made agricultural irrigation ditches). Some of the OSWs (ditches) to be impacted do provide wood stork foraging opportunities. These particular ditches are generally very shallow and contain limited prey species when water is present. The foraging opportunities provided can vary significantly during a given year due a wide array of factors that include, but are not limited to: water levels present (ditches can be too dry for several months; water depths can be too deep in larger ditches, particularly when fields are being irrigated); variable abundance of prey species; access of prey species to ditch segment (manipulation Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 20 of 44 control structures such as flashboard risers can block or allow access); maintenance condition of ditch segment (ex. whether vegetation cover is dense or sparse, whether ditch recently re-graded or not, etc.). The proposed wetland enhancement program will result in the establishment of suitable wood stork foraging habitats that do not currently exist through the proposed wetland restoration and enhancement activities. The herbaceous marsh to be created in W -4 will form 7.2 acres of short hydroperiod wetlands providing good foraging opportunities that are absent today. Enhancement of the 22.0 acres of scrub-shrub wetlands may provide both foraging and roosting or even nesting opportunities. Upon completion of the development, the lakes (including the MEBSS) will encompass a total of approximately 76 acres. These lakes will provide deep water refugia for fish and habitat for a diversity of other aquatic and semi- aquatic organisms. The vegetated littoral zones along the perimeters of these lakes will also provide some foraging opportunities for wood storks, however the foraging value on a per acre basis will be limited compared to more favorable habitats such as the marsh areas in W -4 (due to factors such as water depth, dispersal of prey species, extended inundation vs. seasonal drying, etc.). As discussed in Section 4, the development plan proposed has already been refined to avoid and reduce impacts to wetlands and other surface waters, including suitable wood stork foraging habitats, to the greatest extent practicable. The proposed wetland enhancement activities will occur within the same wood stork foraging area in which the proposed OSW impacts will occur. This enhancement is in keeping with the Section 404(b)(1) guidelines and, in conjunction with the creation of the development lakes, should adequately compensate for the loss of the existing low-quality wood stork foraging habitats that will be impacted by the project. Given these considerations, use of the USFWS Wood Stork Key, outlined in the USFWS South Florida Programmatic Concurrence Letter dated January 25, 2010 and the May 18, 2010 addendum, to conduct a sequential effect determination for the species resulted in the following key sequential determination: A-B-C-D-NLAA and it is concluded that the proposed project may affect, but is not likely to adversely affect wood storks. Various Listed Wading Birds Little blue herons (Egretta caerulea), snowy egrets (Egretta thula), white ibis (Eudocimus alba), and tricolored herons (Egretta tricolor) have occasionally been observed foraging in various agricultural irrigation ditches and swales located on the property. Little blue herons have also been observed temporarily roosting in wetlands W -I and W -3, where a snowy egret and tricolored heron were also seen foraging. No nests of these species have been observed on the project lands. Besides these species, other listed wading birds that could theoretically frequent appropriate habitats within the project lands include roseate spoonbills (Ajaja ajaja) and limpkins (Aramus guarauna). Development of the project will result in the loss of on-site agricultural irrigation ditches thereby reducing potential foraging habitats for the listed wading birds mentioned. The proposed wetland enhancement program will improve and increase wetland habitats that can be used by these species while the lakes and MEBSS will also provide potential foraging habitats. The listed species protection plan includes measures to help protect these species during project construction and operation. Overall, the proposed project will impact existing low-quality foraging habitats but should adequately compensate for these impacts and not threaten the continued existence of the cited listed wading birds. American Alligators (Alligator mississippiensis) Numerous alligators have been observed in the agricultural irrigation ditches on the property. One alligator nest has been documented in close proximity to the property, specifically on the south side of the MEBSS to the south west of the project site. The proposed project will affect alligators; however the anticipated impacts (primarily a combination of temporary and permanent displacement) are not likely to adversely affect alligator populations in the general region. Measures are included in the listed species protection plan to help avoid and minimize direct impacts to individual alligators and alligator nests. Once the development is completed, the lakes and MEBSS extension will provide roughly 76 acres of viable alligator habitat, far more than exists presently. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 21 of 44 American Crocodile (Crocodylus acutus) While no crocodiles have been observed in the agricultural irrigation ditches on the property, they have been observed within the MEBSS west of the project site. Additionally, crocodiles are known to nest around the Marco Airport located approximately a mile south west of the project site. The property is located within the USFWS crocodile consultation area though it is not within any designated critical habitat. The proposed project may affect crocodiles in the same manner as the alligators listed above; however the anticipated impacts (primarily a combination of temporary and permanent displacement) are not likely to adversely affect crocodile populations in the general region. Measures are included in the listed species protection plan to help avoid and minimize direct impacts to individual crocodiles and potential crocodile nests. Once the development is completed, the lakes and MEBSS extension will provide roughly 76 acres of viable crocodile habitat, far more than exists presently. Florida Sandhill Cranes (Grus canadensis pratensis) A few Florida sandhill cranes have been observed on the property foraging in row crop fields prior to planting and these cranes have also been observed in the golf course and herbaceous wetlands near the property. No crane nests have been found on or near the site. Habitats present on the property, including the existing wetlands, are not currently suitable for crane nesting. Development of the property will eliminate certain on-site upland habitats that provide foraging opportunities for sandhill cranes. Of these, those most suited to crane foraging are the fallow row crop areas that currently occupy approximately 59 acres. This loss should not substantially impact sandhill cranes nor should it adversely impact local sandhill crane populations. The proposed wetland enhancement program will create, enhance, and restore wetland habitats in a manner that provides viable sandhill crane nesting opportunities where none occur now. The listed species protection plan incorporates actions that will help ensure protection of sandhill crane nests in the unlikely event that such nests are established on-site. Eastern Indigo Snakes (Drymarchon corais couperi) No indigo snakes have been observed on the project lands and the majority of these lands do not provide particularly suitable habitats for indigo snakes. Considering their elusive nature, their large home range, and the wide array of habitats they may utilize, there remains a limited potential that indigo snakes could occasionally frequent portions of the project lands. The listed species protection plan which will be adopted as part of the project includes appropriate measures for helping ensure the protection of indigo snakes throughout the development of the project. The particulars of the protection plan for indigo snakes set forth in the project's listed species protection plan basically follow the FWS's prescribed "Standard Protection Measures for the Eastern Indigo Snake". There are no gopher tortoise burrows, holes, cavities, or other refugia on the project lands where an indigo snake could be buried or trapped and injured during project activities. In consideration of these points and given the limited probability of any indigo snakes occurring on the project lands, use of the USFWS Eastern Indigo Snake Key outlined in the USFWS’ North and South Florida Programmatic Concurrence Letter, dated January 25, 2010 and the August 13, 2013 Addendum, to conduct a sequential effect determination for the species resulted in the following key sequential determination: A-B-C-D-E-NLAA and results in a ”May affect, not likely to adversely affect” determination for this species. Florida Panthers (Puma concolor coryi) Secondary Zone panther habitat conservation overlays are located immediately north of US 41 which runs along the northern boundary of the property as discussed in Appendix B and illustrated in Figure 10. Florida panthers have been documented around the project and one cat has travelled onto the project site on a few occasions being located within the on-site forested wetland areas. It appears as though he has crossed US41 into Wetland W -1 several times. Since traffic coming to and from the project site will pass through or adjacent to Secondary Panther Habitat, it is anticipated that USFWS may require a traffic analysis prior to determining the extent of impacts (if any) that the project may have on Florida panthers. The existing row crop activities result in habitat that is not very Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 22 of 44 suitable for panther foraging or denning though one male cat has travelled into the forested wetland areas on the site several times. Use of the USFWS Florida Panther Effect Determination Key outlined in the USFWS’ Concurrence Letter, dated February 19, 2007 to conduct a sequential effect determination for the species resulted in the following key sequential determination: A-B-MAY EFFECT and results in a ”May affect” determination for this species due to the potential increase in vehicular traffic through the panther focus area. Crested Caracaras (Caracara cheriway) In accordance with the USFWS South Florida Ecological Services Office DRAFT April 20, 2004 Species Conservation Guidelines South Florida the project site falls outside of the consultation area for Caracara. Intensive surveys of the project lands found no caracara nests and no caracaras were observed on the project lands during these surveys. It appears that caracaras do not nest on these lands and that they do not use these lands for hunting/foraging purposes to any significant degree. There are no known caracara nests in close proximity to the property. Considering this along with the results of the listed species surveys conducted on-site (no nests, no observation of foraging/hunting, limited suitable habitat), proposed development activities should not directly impact caracaras (no effect). The listed species protection plan proposed prescribes surveying on-site for caracara nests prior to initiation of construction activities to help ensure no caracara nests have been established on the project lands subsequent to the listed species surveys already conducted. Surveys for caracara nests located off-site in the immediate vicinity of the property will also be conducted prior to initiation of construction. These proposed activities are subject to change and will be finalized based on input and guidance received from FWS during their evaluation of the project. Florida Black Bears (Ursus americanus floridanus) No Florida black bears or positive signs of black bears have been observed on the project lands. Black bears have been documented by others (FFWCC) in the natural habitats occurring within off-site lands to the east and north of the property. Development of the site should not directly impact black bears nor will development result in a significant loss of suitable bear habitat. The property currently encompasses no primary black bear habitat (FLUCFCS categories 411 and 428) and very little secondary black bear habitat (FLUCFCS 422, 618, 6192, 631, and 6419). Combined, these habitats occupy approximately 5 percent of the total property. The proposed development will directly impact none of the existing secondary habitat though it will isolate it further with residential and golf course development as opposed to the agriculture operations currently in place. It is noted that the vast majority of the secondary habitats affected are within the isolated on-site wetlands. The small size of these wetlands and their isolation within large expanses of surrounding row crop fields would typically eliminate these areas from consideration as "suitable" bear habitat. The proposed project is not in conflict with the bear habitat management guidelines prescribed by FWC (reference: Maehr, David S., T.S. Hoctor, L.J. Quinn, and J.S. Smith. 2001. Black bear habitat management guidelines for Florida; Technical Report #17. Florida Fish and Wildlife Conservation Commission, Tallahassee, FL). Project impacts to black bears are anticipated to largely be restricted to secondary impacts that will affect only a few individuals. These impacts will not be significant enough to adversely affect the integrity or long-term viability of the regional bear population. Burrowing Owls (Athene cunicularia) Although no burrowing owls or owl burrows have been documented on the property, two active burrows have been observed within the Aviamar development that is currently under construction approximately 3,000 feet west of the project site. It is possible that owls might establish on-site burrows in the future either prior to initial construction activities or afterward, in areas of the property where agricultural activities have ceased and development has not yet expanded. The listed species management plan includes measures to locate and protect any on-site owl burrows during the construction activities associated with the development. Thus, the proposed project should have no direct, significant impact to burrowing owls. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 23 of 44 The listed species protection program also incorporates measures to protect off-site owl burrows from blasting activities should new burrows be established in close proximity to proposed blasting areas. After blasting activities begin, it is assumed burrowing owls will avoid establishing burrows in off-site areas where they consider the effects of blasting (noise, ground vibration) to be potentially harmful or disruptive. Potential secondary impacts of blasting activities to off-site owl burrows should not be significant given the proposed protection plan and the anticipated tendency of owls to avoid areas where blasting creates a disturbance. Florida Bonneted Bat (Eumops floridanus) The project site is within the FBB consultation area and is also within one of the designated focal areas. The project will not be removing any cavity trees as almost the entire site has been historically cleared and under agricultural operations for the past few decades. Enhancement of the wetland preserve areas will involve removal of predominately midstory level exotic vegetation (Brazilian pepper) and will not impact any FBB roosting trees. The project is willing to install bat houses along the preserve and MEBSS boundaries to provide for bat roosting once the project is completed. The proposed project should have no direct, significant impact to Florida bonneted bats. 3.6 PROJECT IMPACTS TO ARCHAEOLOGICAL/HISTORICAL RESOURCES As previously discussed, this site has been under active agricultural production for at least the past 50 years. No potentially significant cultural resources have been located on the project lands. As such, it is believed that the proposed project will have no effect on cultural resources listed or eligible for listing in the National Register of Historic Places. If a suspected archaeological or historical artifact is discovered during the course of site development activities (clearing, construction, etc.), the development activities at the specific site will be immediately halted and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the Collier County or a designated consultant to assess the find and determine the proper course of action. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 24 of 44 4. AVOIDANCE & MINIMIZATION OF WETLAND IMPACTS Alternative Sites The Fiddler’s Creek DRI was originally proposed by the Deltona Corporation in the 1980’s following a 1981 lawsuit decision (Deltona versus the United States) in which the Court found in favor of the USACE denial of some of Marco Shores’ development permits. Following this decision, Deltona entered into a Settlement Agreement with several State and Local regulatory agencies and NGOs based on revised development plans involving newly purchased lands, including Fiddler’s Creek, which was at the time known as UNIT 30. Deltona applied for and obtained Corps permits in 1983, following the Corps completion of an Environmental Impact Statem ent (EIS), to develop Fiddler’s Creek (UNIT 30) along with several other Deltona properties. The Settlement Agreement and issued Corps permits required over 18,000 acres of habitat preservation, which included a large expanse of wetlands located south of Fiddler’s Creek DRI. A key part of the Corps permit was the Wildlife Habitat Enhancement and Management Plan (WHEMP), which included the creation of a buffer between Fiddler’s Creek DRI southern development boundary and the wetland preserve to the south consisting of a “spreader swale system” (in this document referred to as the MEBSS). While permits were issued in 1983, Collier County would not allow development to proceed until S.R. 951 was widened. It was not until 1995 that an agreement was reached with Collier County relating to the widening of S.R. 951. The 1983 USACE permit authorizing work for the majority of Fiddler’s Creek DRI was then extended through January 2005 due to the delays resulting from the S.R. 951 road widening. Fiddler’s Creek DRI was amended over the years to include adding additional sections to be developed resulting in additional Corps permit modifications and extensions of time. The last Corps permit was modified approving work in Sections 11 and 13 for development of VENETA which expired March 2008. The Fiddler’s Creek DRI has been amended over the years to include the addition of other lands to be developed which has resulted in additional USACE permit modifications and extensions. Currently, the Fiddler’s Creek DRI consists of all or portions of 10 Sections within Township 51 South, Range 26 and 27 East (Figure 11). An affiliate of the Gulf Bay Group of Companies bought the farmland which is the subject of this application in the early 1990’s. The entire purchase was approximately 1800 acres in Sections 13, 18, 19, 24 & 29. The Fiddler’s Creek communities of Aviamar, Marsh Cove, and Oyster Harbor have been or are currently under construction from this farm land purchase. The proposed Estancia project is the last remaining portion of this purchase. Since the lands were purchased in the early 1990’s for eventual development as residential communities under the Fiddler’s Creek DRI, alternative sites were not explored for the currently proposed application. The fact that the lands are part of an existing DRI, they have been in agricultural production for at least 50 years, and they have been previously considered in USACE actions, make this site much less environmentally impactive than development of raw forested land would be. Alternative Site Plans The applicant has made considerable efforts to minimize impacts to existing jurisdictional wetlands. The final site plan as presented in this document shows that all of the natural wetlands remaining within the project boundary have been avoided. The three SFWMD jurisdictional wetlands (W -1, W -2, & W -3) currently isolated within the farm fields will be avoided and tied into the projects surface water management system so that hydrology is maintained, and even improved over the current conditions. W etland W -4 is jurisdictional to both the SFWMD and USACE, has been avoided, and will be enhanced to improve habitat and wading bird foraging functions. This wetland has been buffered from the development by the extension of the MEBSS and will be directly connected to adjacent off-site wetlands to the south of the project site. The two remaining wetlands (W -5 and W -6) are fallow farm fields which have developed wetland characteristics due to the past and ongoing farming and irrigation activities. The NRCS soil survey for Collier County shows that these two areas were underlain by non-hydric soils. It is believed that the lowering of elevation and the higher water table maintained by ongoing irrigation activities associated with the past row crop agriculture have established and maintained wetland hydrology, thus these wetlands demonstrate wetland characteristics as a result of irrigation activities. It is unknown whether or not they would retain wetland characteristics if the irrigation activities were stopped and the perimeter berms and ditches removed. The majority of these two areas will be incorporated into the extension of the MEBSS (i.e. converted from wetland to open water shallow and deeper areas with fringing wetlands) while the remainder will be incorporated into the development footprint. The on-site OSWs (agricultural irrigation field ditches isolated from the wetlands to the south by a perimeter berm and rim ditch system) will be replaced by the lakes and spreader swale associated with the proposed surface water management system. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 25 of 44 The extension of the MEBSS will provide a buffer between the development and the off-site adjacent wetlands to the south. The MEBSS will also help to restore sheet flow into those southern wetlands in contrast to the current point source outfalls associated with the throw-out pumping. This should serve to help restore a more natural hydrology to the off-site wetlands. Avoidance During Construction During construction, appropriate best management practices will be employed to help protect water quality and minimize the discharge of sediments and/or turbid water from the project site into both the on-site and off-site wetlands. The specific erosion/sediment/turbidity control methods and devices used will generally conform to applicable standards and criteria set forth in the "FDER Florida Development Manual," Sections 6-301 through 6- 500 (FDER. 1988. "The Florida Development Manual: A Guide to Sound Land and Water Management," Chapter 6: "Storm Water and Erosion Control Best Management Practices for Developing Areas; Guidelines for Using Erosion and Sediment Control Practices," ES BMP 1.01-1.67. FDER, Tallahassee, FL.). These methods will also typically conform to applicable standards and guidelines set forth in the "Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual" (FDEP, 2002). The boundaries of all the wetland areas adjacent to the construction activities will be delineated with silt fencing in order to clearly identify the wetland areas and to protect them from inadvertent impacts or encroachment by the machinery during project construction. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 26 of 44 5. WETLAND MITIGATION PROGRAM The Estancia project has proposed to establish on-site preserve areas to compensate for wetland impacts associated with the conversion from an irrigated agricultural operation, including some physically isolated low functioning wetlands to residential development. The Mitigation Plan provided herein, outlines the creation, restoration, and enhancement activities proposed within the preserve areas as well as within other retained (undisturbed) lands associated with the project. It also outlines the monitoring efforts that will be done to track and document the success of the creation and restoration efforts. A summary of the wetland and upland activities are outlined below. Development of the Estancia project will permanently impact two of the existing low quality farm field wetlands located within the property boundary. W etland mitigation will be required for the impacts associated with these two areas and is currently proposed through on-site preservation, creation, and enhancement activities. In addition, some temporary wetland impacts will be associated with the wading bird foraging improvements and wetland enhancement activities. This section outlines the proposed enhancement activities and identifies the temporary impacts which may be associated with the proposed enhancement activities. The proposed Conservation Areas will encompass a total of 37.4 acres. No mitigation is proposed for impacts to existing on-site other surface waters within the Estancia and Oyster Harbor project areas since these are all man-made agricultural irrigation ditches enclosed by a perimeter berm and rim ditch system that are actively used as part of the existing agricultural surface water/storm water management system and since construction of the development's surface water management lakes will more than compensate for the loss of such surface waters. Conducting the enhancement program will result in temporary impacts (excavation, limited fill, mechanized clearing) to all of wetland area W -4. These impacts will primarily result from clearing and grading activities necessary to establish appropriate grades for the wading bird foraging. No mitigation is proposed for these "impacts" since they are a critical component of the proposed foraging enhancement and since the affected wetland areas will still be viable and enhanced wetlands following the "impacts". Conducting the enhancement program will also result in impacts to one existing other surface water feature (remnant agricultural ditch) located around W-4. The ditch will be filled (graded) in order to restore the affected area to a wetland. No mitigation is proposed for this "impact" since it is an important component of the enhancement program and because the ditch will be converted to a wetland. Minimal temporary impacts to the remaining wetland areas may be associated with the removal of the agricultural berms and dense exotic vegetation along the perimeters of these wetland areas. Any such impacts associated with the fill or vegetation removal will be re-graded to match the adjacent wetland elevations and immediately planted with appropriate native vegetation. This section describes key components of the wetland enhancement program. 5.1 MITIGATION / ENHANCEMENT ACTIVITY CATEGORIES (TYPES) Table 6 lists the anticipated or target vegetation associations (FLUCFCS categories; habitat types) that will be present in the preserve areas following successful completion of the enhancement program. The following paragraphs provide brief descriptions for each of the restoration, creation, or enhancement activities within the four wetland areas. Wetland 1 (W-1) Wetland Forest Enhancement (619/433 area) This wetland presently consists of a depressional mixed hardwood forest with a mixture of pond apple, pop ash, cypress, and several other species. The wetland has a severe exotic infestation (50-75% cover by exotics, mainly Brazilian pepper) but patches of desirable native plant cover remain, primarily in the canopy stratum. This wetland will be enhanced by eradicating the exotic and nuisance plants. Such vegetation will be eradicated by a combination of selective mechanized clearing and removal of exotics where infestation levels dictate such treatment and through non-mechanized procedures. Desirable native canopy and, to a lesser degree, sub-canopy species will be retained where feasible during this process. Large "gaps" (e.g. areas greater than approximately 1,000 square feet which effectively have no remaining native canopy and sub-canopy vegetation due to the exotic eradication efforts or previously existing disturbances) will be re- planted with native wetland canopy, sub-canopy, and ground cover species to restore native wetland forest Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 27 of 44 communities in these zones. Grading (740 and OSW areas) The perimeter berm which surrounds this wetland will be removed along the east, south, and western boundaries. This will allow the wetland hydrology to be directly tied into the MEBSS which will be constructed along the southern edge of the wetland. The berm along the northern boundary of the wetland will be cleaned up of the exotic infestation and restored to the parameters required by the stormwater management guidelines. Wetland 2 (W-2) Wetland Forest Enhancement (621/619 area) This wetland presently consists of a depressional cypress forest with a scattering of pond apple, maple, holly, and several other species. The wetland has a moderate exotic infestation (25-50% cover by exotics, mainly Brazilian pepper) but good patches of desirable native plant cover remain in all strata. This wetland will also be enhanced by eradicating the exotic and nuisance plants. Exotic vegetation will be eradicated through non-mechanized procedures for this are within the wetland as trying to get mechanized equipment into the area would cause undue damage to the existing viable vegetation. Given the current conditions and presence of desirable vegetation in all strata, it is not anticipated that any plantings will be required within this portion of W -2. Wetland Scrub Enhancement (619/618 area) The existing willow marsh area occurring around the depressional cypress area has been severely infested by Brazilian pepper (75-100% coverage). This area will be enhanced through the eradication of exotic and nuisance plant species using a combination of selective mechanized and non-mechanized removal. This area will be re-planted to a combination of wet prairie and scrub-shrub wetland with Carolina willow and wax myrtle shrubs established amongst appropriate ground covers. Grading (740 and OSW areas) The perimeter berm which completely surrounds this wetland will be removed and portions outside of the development area will either be graded to match the adjacent wetland elevations or to match the adjacent upland buffer elevations. The graded areas will be planted with appropriate upland or wetland native vegetation depending on the final elevations established. Wetland 3 (W-3) Wetland Forest Enhancement (619 area) This wetland presently consists of a depressional scrub forest with a scattering of remnant cypress and other tree species. The wetland has a severe exotic infestation (75-100% cover by exotics, mainly Brazilian pepper) and very few patches of desirable native plant cover remain in any of the strata. This wetland will be enhanced by eradicating the exotic and nuisance plants. Exotic vegetation will be eradicated primarily through mechanized procedures. A mix of canopy, mid-story, and groundcover vegetation will be planted within the open areas to create a mixed forest central habitat surrounded by a scrub / prairie perimeter. Wetland Scrub Enhancement (619/433 area) The existing berm and perimeter area occurring around the depressional center has been completely infested by Brazilian pepper (90-100% coverage). This area will be enhanced through the eradication of exotic and nuisance plant species using predominately mechanized removal. This area will be re-planted to a combination of wet prairie and scrub-shrub wetland with Carolina willow and wax myrtle shrubs established amongst appropriate ground covers. Grading (740 and OSW areas) The perimeter berm which completely surrounds this wetland will be removed and portions outside of the development area will either be graded to match the adjacent wetland elevations or to match the adjacent upland buffer elevations. The southern boundary of the wetland will be tied into the littoral shelf and plantings associated with the storm water system lake so that the hydrology of the wetland is augmented Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 28 of 44 by the surface water management system. The graded areas will be planted with appropriate upland or wetland native vegetation depending on the final elevations established. Wetland 4 (W-4) Wetland Marsh and Prairie Restoration (216H area) This wetland area has been completely impacted by past farming activities and is currently overrun with exotic paragrass. The existing wetland area is 5.1 acres in size but will be expanded to 7.2 acres with the filling of the ditch and grading of the perimeter berm around the wetland. This area will be mechanically cleared and grubbed thereby eradicating the existing exotics. It will then be graded in accordance with grading plans to create a mixed marsh and prairie habitat. The marsh depressions will allow for forage fish concentrations early in the dry season which will provide enhanced foraging opportunities for wood storks and other wading birds. Sandhill cranes and snail kites may also utilize this area for foraging once the enhancements are completed. The area will be graded to form depressions and low areas that largely support an herbaceous freshwater marsh community with some fringe areas designed to support more of an herbaceous wet prairie community. Grading (740 and OSW areas) During this process, wetlands will be created from the upland berm around the southern side of the wetland and wetlands will be restored from the filling of the ditch (other surface water) up to the adjacent wetland grades. Following completion of grading efforts, the shallow portions of the enhancement area will be completely planted with appropriate native herbaceous wetland species. The deeper portions of this area will remain unplanted so that foraging availability is not impacted by competing vegetation. 5.2 ADDIT IONAL COMPONENTS OF MITIGATION / ENHANCEMENT PROGRAM In addition to the mitigation and enhancement activity types and features described above, the wetland protection program will have several other facets. These are discussed in the following paragraphs. Hydrologic Enhancement of Wetlands: An important component of the wetland enhancement program is improvement of hydrologic conditions (hydrology and hydroperiod) within the preserve wetlands. Currently the water table in row crop fields adjacent to the wetlands is lowered (i.e. fields are de-watered) by pumping water out of field rim ditches and lateral ditches. This water is discharged via throwout pumps off of the site into the adjacent lands. This practice severely disrupts the normal wetland hydroperiod. For example, when the water table is already high in the wetlands the pump discharges can rapidly raise the water table above normal seasonal high water elevations. During the dry season when wetland water table elevations would typically be decreasing and the water table would be below the soil surface, pump discharges can inundate areas that would normally be dry and artificially raise the water table. Once the development has been completed, agricultural pumping of water into and out of the property will be permanently ceased. This will help restore stable hydroperiods that are more typical of natural wetland conditions and prevent artificial over-inundation or drainage of the on-site wetlands. Cessation of agricultural water discharges into the wetlands will also improve water quality in these wetlands. The pumped discharges contain nutrients (from fertilizers) and some pesticides used in the row crop fields since there is no significant treatment of this water prior to pumping. The existing agricultural irrigation ditches and berms that surround the wetlands block sheetflow and interchange of surface waters. Removal of the berms and ditches via the proposed grading activities will allow for the wetlands (W -1, W -2, & W -3) to be connected to the proposed surface water management system and will help to restore a more normal hydrologic pattern to the wetlands. The proposed grading activities within W -4 will further improve the hydroperiod as regards maintaining adequate wetland hydrology simply through the process of lowering the existing grade. As discussed, there are strong indications that most of existing wetland W -4 situated south of the current agricultural perimeter berm and rim Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 29 of 44 ditch was historically not wetlands. It is suspected that current wetland characteristics in these areas are a result of the past farming and current agricultural pumping. With this pumping ceased as the agricultural program is phased out, the hydrology could be inadequate to support hydrology/hydroperiod that meets wetland criteria. The proposed grading plan will lower the existing grade to mimic natural topographic elevations found in wetlands immediately south of the project site. This will allow the natural water table, combined with inputs from direct rainfall and sheetflow, to support adequate wetland hydrology and ensure this area is indeed maintained as wetlands without the need for artificial pumping. The grading design will generate a varied topography where lower elevation zones will be inundated for several months while higher elevation zones will be inundated for a few weeks at a time during the peak of the wet season. Protection of Wetlands and Uplands via Conservation Easements: All four of the wetland areas will be placed under appropriate conservation easements which will protect the future integrity of the created, restored, and enhanced wetlands and will ensure these areas are preserved and protected in perpetuity. Wetland and Upland Enhancement via Maintenance Eradication of Exotic and Nuisance Plants: The preserve areas will be maintained as needed to ensure that the areas remain free from exotic/invasive plant species to the extent that exotic and nuisance plant species will each constitute no more than 5% of the total plant cover in the interim between maintenance events. Exotic/invasive plant species will include Category I and Category II species identified in the current "Invasive Plant List" published by the Florida Exotic Pest Plant Council (FLEPPC) as well as Class I and Class II Prohibited Aquatic Plans listed in Chapter 62C-52.011, Florida Administrative Code. Nuisance plant species will include native species deemed detrimental due to their potential adverse competition with desirable native species. Examples of potential nuisance plant species include: dog-fennel (Eupatorium spp.), ragweed (Ambrosia spp.), cattail (Typha spp.), grapevine (Vitis spp.), wild balsam apple (Momordica charantia), climbing hempvine (Mikania scandens, M. micrantha), pepper vine (Ampelopsis arborea), and love vine (Cassytha filiformis). Visual inspection for exotic, non-native and nuisance plant invasion will be conducted annually and all exotic, non- native and nuisance vegetation including those defined by County codes and the Florida Exotic Pest Plant Council, found within the preserve areas will be flagged, mapped and reported for treatment. Felled material will be removed from the preserve areas where possible or killed in place where removal would cause unacceptable damage to the surrounding native areas. Any stumps remaining after the exotic, non-native and nuisance removal will be treated with a U.S. EPA approved herbicide and visible tracer dye to prevent regeneration from the roots. These maintenance activities will be performed as needed until success criteria are met (see Section 6 below). Preserve Delineation: Preserves will be clearly delineated with appropriate signage both during and after construction activities. Protective barricades will be used to cordon off construction areas and keep construction equipment out of preserve areas. A double row of silt fence will be used along preserve areas to separate them from the construction activities. The silt fence will remain in place until the perimeter berm is installed around the area of excavation. Appropriate signage will be placed along the perimeter of the preserves at 100 to 150 foot spacing. 5.3 GENERAL MITIGATION SPECIFICATIONS The proposed mitigation program will require exotic and nuisance plant eradication activities, grading activities, and planting activities as previously noted. The following paragraphs provide additional information and specifications regarding these activities. Exotic & Nuisance Vegetation Eradication: The previously noted eradication methods will be employed throughout the proposed wetland preserves. They may Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 30 of 44 include physical removal of exotics and/or directed herbicide applications as dictated by the specific conditions and species encountered. Initial exotic and nuisance plant eradication efforts will involve a combination of methods including directed herbicide applications and cutting down exotics with subsequent application of herbicides to the stumps. Mechanized exotic clearing methods will be employed in portions of the wetland areas, especially along the perimeters of these areas where exotic infestations are the densest. Such methods involve the use of heavy machinery such as excavators, hydroaxes, gyro-tracs, etc. to fell and remove exotic vegetation from areas where said vegetation has replaced the native plant community. In areas to be graded, exotic and nuisance vegetation will also be physically removed using heavy machinery during the clearing, grubbing, and grading process. Non- mechanized exotic and nuisance plant eradication methods will be employed in other areas. Such methods include the use of hand implements such as chainsaws and machetes to cut down exotic vegetation with follow-up applications of herbicides as well as directed herbicide applications alone. During the initial exotic/nuisance vegetation eradication process, felled materials will be generally removed from the preserve areas. Some felled woody plants may be stacked or chipped on-site, however chipping will be avoided unless deemed necessary to best preserve desirable vegetation and provide for re-growth of desirable plants. Where (and if) chipping is employed, chips will be segregated into a limited number of scattered piles rather than spreading the chips. Stacking, if employed will be done into segregated piles placed at least 100 feet on center from each other. Following initial eradication process, subsequent maintenance events will commonly employ non-mechanized exotic and nuisance plant eradication methods. These methods may include directed herbicide applications and/or physical removal of exotics. Clearing & Grading Activities: The mitigation program includes grading activities that will affect certain existing wetland and perimeter berm areas around wetlands W -1, W -2, and W -3. Grading will affect all of wetland W -4 as well as the perimeter berm and ditch surrounding it. The process will involve mechanized clearing and grubbing of the areas to be graded followed by the actual grading work. Cleared vegetation will be removed from the preserve areas for disposal either within portions of the property to be developed or via a duly licensed off-site disposal facility. It is anticipated that excess soil excavated during the grading process will be removed from the preserve areas and used as fill in areas to be developed. Prior to the clearing, grubbing, and grading activities, the exact limits of zones requiring complete clearing and grading will be determined in the field and will be marked with protective barriers such as flagging, ropes, silt fence, enviro-fence, or a combination of such items. These marker barriers will remain in place until grading activities are completed. Prior to initiation of the clearing and grading activities, silt fences will also be installed at appropriate locations adjacent to existing wetlands to control erosion and sediment transport. These erosion/sediment control devices will remain in place until grading activities are completed and the graded areas are stabilized. Machinery/vehicle ingress and egress routes to the areas requiring grading will be restricted to avoid unnecessary damage to upland and wetland areas both within the boundaries of the wetland areas and to areas situated outside the property boundary. Planting Specifications: Certain enhancement activities may require planting native vegetation. The Tables below provide a potential list of species which may be employed when planting wetland forest, scrub, marsh, and prairie areas. The final determination of plant species to install may vary from these tables depending on site conditions and the species availability. Specifications for planting enhancement activity are as follows: Wetland Forest ---- Canopy species will be planted on 25-foot centers (average). Canopy species will be minimum 3 gallon stock with a minimum height of 4 feet. Sub-canopy species will be planted on 20-foot centers (average) using minimum 3-gallon stock. Ground cover species will be planted on 4-foot centers (average) using minimum bare-root or liner stock. Planting configurations will vary, likely employing uniform spacing and scattered groups or clusters. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 31 of 44 Wetland Scrub ---- Sub-canopy (shrub) species will be planted on 15-foot centers (average) using minimum 3- gallon stock. Ground cover species will be planted on maximum 3-foot centers (average) using minimum bare- root or liner stock. The shrubs and herbaceous species will typically be planted in staggered rows and clusters. A total of at least 1 tree for every 20 shrubs will also be installed using minimum 3-gallon stock with a minimum height of 4 feet. These trees will be planted within that portion of the scrub areas where the elevations are lowest. Trees will generally be planted in scattered groups with varied spacing. CYPRESS and SHRUB PLANTING AREAS Canopy Mid-story Ground Cover Cypress (Taxodium distichum) Red Maple (Acer rubrum) Dahoon Holly (Ilex cassine) Laurel Oak (Quercus laurifolia) Pop Ash (Fraxinus caroliniana) Button Bush (Cephalanthus occidentals) Marlberry (Ardisia escallonioides) Pond Apple (Annona glabra) Cocoplum (Chrysobalanus icaco) Wax Myrtle (Myrica cerifera) Sawgrass (Cladium jamaicense) St. John's Wort (Hypericum spp.) Swamp Fern (Blechnum serrulatum) Sand Cordgrass (Spartina alterniflora) Crinum Lily (Crinum americanum) Wetland Marsh ---- Ground cover species will be planted on maximum 3-foot centers (average) using minimum bare-root or liner stock. They will typically be planted in staggered rows and in clusters. Wetland Prairie ---- Appropriate ground cover species will be planted on maximum 3-foot centers (average) using minimum bare-root or liner stock. Portions prairie areas may be seeded with native ground cover species in cases where this treatment will better attain the vegetative cover goal. Only areas lacking the required minimum viable ground cover following completion of initial exotic eradication efforts will need to be planted. Such areas and their associated planting requirements will be determined in the field. MARSH and PRAIRIE AREAS Zone 1: > project control elevation Zone 2: < 1’ below control elevation Zone 3: 1’ to 2’ below control elevation Sand Cordgrass (Spartina alterniflora) Wiregrass (Aristida spp.) Yellow-eyed Grass (Xyris spp.) Swamp Fern (Blechnum serrulatum) Crinum Lily (Crinum americanum) Sawgrass (Cladium jamaicense) Red root (Lachnanthes caroliana) St. John's Wort (Hypericum spp.) Bacopa (Bacopa caroliniana) Beak Rush (Rhynchospora spp) Iris (Iris virginica) Alligator Flag (Thalia geniculata) Pickerelweed (Pontedaria cordata) Canna Lily (Canna generalis) Sand Cordgrass (Spartina alterniflora) Duck Potato (Sagittaria latifolia) Duck Potato (Sagittaria latifolia) Bulrush (Schoenoplectus californicus) Spike Rush (Eleocharis spp.) Alligator Flag (Thalia geniculata) Pickerelweed (Pontedaria cordata) Creeping Primrosewillow (Ludwigia repens) Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 32 of 44 Maidencane (Panicum hemitomon) These lists are not all inclusive and alternative appropriate native vegetation may be used. 5.4 ANTICIPATED ENHANCEMENT PROGRAM SCHEDULE The approach employed during the initial phases of the proposed enhancement activities will be somewhat atypical. It is common to begin re-planting activities as soon as feasible following completion of initial exotic eradication activities and initial clearing and grading activities. This will not be the case for the proposed enhancement program. Instead, the initial plantings necessary will not be conducted until near the beginning of the wet season of the next year following completion of the initial exotic/nuisance plant eradication activities and completion of the clearing and grading activities (i.e. 12+ months may elapse between completion of initial exotic/nuisance eradication and grading activities and installation of initial plantings needed). There are two main reasons for taking this approach. The primary reason is that it will allow very intensive exotic and nuisance plant eradication activities to occur during the year prior to planting without fear of killing planted species. This is especially important in W -4 where the eradication of the paragrass is expected to take several treatments. The first growing season following initial eradication efforts and particularly clearing/grading activities is often a time of rapid colonization of treated areas by ruderal species (both desirable native species and especially nuisance species) as well as re-growth of exotics not fully killed and sprouting of exotics from seed sources and propagules. Too often the intensity of follow-up exotic and nuisance plant eradication required during this first year results in inadvertent damage to planted species. Competition by nuisance and exotic species can also hinder growth of planted species, particularly planted ground cover. Another reason for this approach is that it will allow time for some initial colonization of treated areas by desirable native plant species. The establishment of these pioneer native species can reduce the quantity of plantings needed somewhat and the established desirable species can help serve as a guide to appropriate species to utilize for the plantings that are necessary. All of the mitigation activities associated with the wetland restoration, creation, and enhancement will be conducted concurrently with the development construction. No phasing is proposed. Using this approach, a preliminary estimation of the schedule key milestone activities involved in the enhancement program is as follows: Milestones Approximate Date All necessary permits for site development acquired. July 2016 Begin initial exotic/nuisance eradication and clearing & grading activities. January 2017 Complete initial exotic/nuisance eradication and clearing/grading activities. March 2017 Intensive follow-up exotic/nuisance plant eradication activities prior to initial plantings. March 2017 – June 2018 Install initial plantings. June – July 2018 Time Zero monitoring (actual monitoring activities prior to report submittal). August 2018 Routine management/maintenance activities April – May every subsequent year Annual monitoring (actual monitoring activities, 5-year period) September 2018-2023 Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 33 of 44 6. WETLAND MITIGATION PROGRAM SUCCESS CRITERIA Success criteria for the Estancia wetland mitigation program are described in the following paragraphs. 1. Record Conservation Easement(s). 2. Complete initial eradication of exotic/invasive and nuisance plant species. Exotic/invasive plant species will include Category I and Category II species identified in the current "Invasive Plant List" published by the Florida Exotic Pest Plant Council (FLEPPC) as well as Class I and Class II Prohibited Aquatic Plans listed in Chapter 62C-52.011, Florida Administrative Code. Nuisance plant species will include native species deemed detrimental due to their potential adverse competition with desirable native species. Examples of potential nuisance plant species include: dog-fennel (Eupatorium spp.), ragweed (Ambrosia spp.), cattail (Typha spp.), grapevine (Vitis spp.), wild balsam apple (Momordica charantia), climbing hempvine (Mikania scandens, M. micrantha), pepper vine (Ampelopsis arborea), and love vine (Cassytha filiformis). 3. Complete initial clearing, grubbing, and grading activities. 4. Maintain wetland preserve areas exotic free through intensive exotic removal maintenance follow-up treatments. Reduce exotic vegetation regeneration to less than 5% coverage. 5. Complete initial planting of native canopy, sub-canopy, and ground cover plant species. 6. Achieve a minimum average ground cover of 70% by planted ground cover species and/or naturally recruited native ground cover species. This criterion does not apply to the open marsh areas which will be left partially bare (40% to 60% coverage) to facilitate wading bird foraging opportunities. 7. Monitor preserve areas at least annually to track planting success and exotic and nuisance vegetation infestations. 8. Maintain all conservation areas such that the total vegetative cover accounted for by exotic and nuisance plants each constitute no more than 5% of the total plant cover. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 34 of 44 7. WETLAND MONITORING PROGRAM The permittee will submit monitoring reports to the SFWMD and USACE documenting general conditions in the Estancia preserve areas established for the project's wetland impact mitigation program. One “baseline”, one "time zero", and five annual monitoring reports will be submitted. The "baseline" monitoring report (with monitoring conducted prior to initiation of mitigation activities) will provide the following information: 1. Brief description of current conditions within the preserve area. 2. Brief description of anticipated maintenance/management work to be conducted over the next year. 3. A summary of rainfall data collected during the year preceding the monitoring report based on rainfall data recorded at an onsite station. 4. Photographs documenting conditions in the preserve areas at the time of monitoring. Photos will be taken at permanent photo stations within the on-site preserves. At least two photos will be taken at each station with the view of each photo always oriented in the same general direction from one year to the next. 5. Quantitative data collected from various habitat types documenting existing vegetation composition and wildlife utilization. The "time zero" monitoring report (with monitoring conducted shortly after completion of all initial mitigation activities) and the five annual monitoring reports will provide the following information: 1. Brief description of maintenance and/or management and/or mitigation work performed since the previous monitoring report along with discussion of any other significant occurrences. 2. Brief description of anticipated maintenance/management work to be conducted over the next year. 3. A summary of rainfall data collected during the year preceding the monitoring report based on rainfall data recorded at an onsite station. 4. A summary of water table elevation data collected from the on-site piezometers or continuous recording water level gauges. Data (water table elevations) will be collected at least bi-weekly during the peak of the wet season (late July through mid-October). 5. Photographs documenting conditions in the preserve areas at the time of monitoring. Photos will be taken at permanent photo stations within the on-site preserves. At least two photos will be taken at each station with the view of each photo always oriented in the same general direction from one year to the next. 6. Quantitative data will be collected from mitigation/enhancement areas as outlined in the following paragraphs. Wetland Forest Areas (FLUCFCS 618, 621) To gather data concerning canopy and sub-canopy species, belt transects approximately 50 feet wide will be established. The location and length of these transects will be determined in the field and will be oriented to pass through planted areas. Data recorded within these transects will include: average percent survival of planted canopy and sub-canopy species (as necessary pursuant to success criteria); average density of native canopy and sub-canopy species, and; average percent cover by exotic and nuisance species in the canopy or sub- canopy strata. Large sampling plots may be substituted for belt transects to gather these data or the data may be collected using the point-centered quarter method or nearest neighbor method of sampling. Data from multiple transects, plots, or points will be averaged for reporting. Data concerning ground cover species and nuisance and exotic plant species will be gathered from sampling quadrats. Quadrats will be established either along the axis of the belt transects, within the boundaries of large sampling plots, or at sampling points established for point-centered quarter/nearest neighbor measurements, depending on which sampling method is used for monitoring canopy and sub- canopy vegetation. Each sampling quadrat will be approximately 2 meters X 2 meters in size. Data recorded in each quadrat will include average percent cover by native ground cover species (both planted and naturally recruited species), average percent cover by exotic and nuisance species, and, as necessary pursuant to success criteria, average % survival of planted species. Data collected from individual quadrats will be averaged by transect for reporting. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 35 of 44 Wetland Marsh and Prairie Areas (FLUCFCS 641 & 643) A minimum of 3 quadrats will be established at roughly equal-spaced increments along each monitoring transect. Transect locations will be determined in the field to provide data best representing overall conditions in a particular marsh or wet prairie area. Each sampling quadrat will be approximately 2 meters X 2 meters in size. Data recorded in each quadrat will include average percent cover by native ground cover species (both planted and naturally recruited species), average percent cover by exotic and nuisance species, and, as necessary pursuant to success criteria, average % survival of planted species. Data collected from individual quadrats will be averaged by transect for reporting. 7. Other general observations made in various portions of the preserve area. These observations will address potential problem zones, general condition of native vegetation including planted species, wildlife utilization as observed during monitoring, and other pertinent factors. 8. A plan view drawing of the preserve area showing mitigation features, monitoring transects/sampling plots, photo stations, and piezometers/staff gage locations. 9. A summary assessment of all data and observations along with recommendations as to actions necessary to help meet mitigation and management/maintenance goals and mitigation success criteria. 10. A summary of all observed wildlife sightings and evidence of wildlife utilization. In addition to the information described above, the time zero monitoring report will also provide "as built" drawings depicting the topography of those portions of the preserve where grading was conducted as part of the mitigation program. The following provides the currently anticipated monitoring schedule for the Immokalee Sand Mine wetland mitigation program: Monitoring Event Report Report Submittal Date Baseline Monitoring Report Feb. 15, 2017 Time Zero Monitoring Report Aug. 15, 2018 1st Annual Monitoring Report Oct. 15, 2019 2nd Annual Monitoring Report Oct. 15, 2020 3rd Annual Monitoring Report Oct. 15, 2021 4th Annual Monitoring Report Oct. 15, 2022 5th Annual Monitoring Report Oct. 15, 2023 The time zero report will be submitted following completion of the initial exotic eradication efforts, grading activities, and initial planting activities. This report will document initial conditions in the preserve area following the initial plantings and the number, size, and species of plants installed. It will also contain the information and data described above for annual reports along with exhibits depicting the graded areas. One should remember that the approach to mitigation will involve first conducting clearing, grubbing, and grading activities along with initial exotic eradication activities. Then a period of roughly one year will elapse during which time mitigation activities will focus on further intensive exotic and nuisance plant eradication and control. The majority of initial plantings will not be installed until near the beginning of the first wet season that follows. Thus, the time span beginning when the initial mitigation activities are first started (initial exotic eradication, initial grading) and ending when these initial activities are completed (time of initial plantings) could encompass 18 months or more. The time zero monitoring will not be conducted until after initial plantings have been completed. Subsequent annual monitoring reports will be submitted over a period of five consecutive years following submittal of the time zero report. These annual reports will contain the monitoring information described and will focus on changes from the conditions documented in the preceding monitoring report, and attainment of success criteria. The permittee will notify the FDEP and USACE if alterations to the anticipated monitoring schedule become necessary. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 36 of 44 The permittee shall retain the ability to modify this monitoring program should it become necessary to make the program consistent with monitoring requirements of any government agencies or to improve the information provided by the monitoring program. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 37 of 44 8. PRESERVE AREAS MAINTENANCE PROGRAM The Estancia preserve areas, which encompass the existing wetlands on the project site, will be maintained to suppress infestation by exotic/invasive and nuisance plant species. Maintenance/management actions will be conducted as required to meet the enhancement success criteria previously described. These areas will be maintained in perpetuity such that exotic and nuisance plant infestations do not exceed the maximum allowed by the original success criteria. After initial eradication efforts are complete, follow-up exotic and nuisance plant control will include directed herbicide applications and/or physical removal methods throughout all portions of the preserve areas. Exotic/nuisance plant control is likely to occur on at least a semi-annual basis for the first three years following completion of initial eradication efforts. Such maintenance events may be conducted more frequently if field observations indicate the need. At the end of this period, the frequency of activities necessary to adequately control nuisance and exotic plants will be re-assessed and a program developed for future maintenance. At a minimum there will be at least one exotic/nuisance plant control event per year. Follow-up plantings of previously planted areas will be conducted as necessary when and where survivorship, density, and/or percent cover goals are not achieved. The need for such re-plantings will typically be assessed on an annual basis. Management/maintenance activities may include removal of dead, dying, or diseased plants (both planted and existing plants) as deemed necessary. A qualified biologist or similar environmental professional will initially inspect the conservation areas at least once a year. During the first few years inspections will likely occur more frequently in an effort to rectify any potential problem situations (e.g., exotic/nuisance plant infestations, mortality of planted species, etc.) before they worsen. The necessary maintenance activities will be determined by the biologist during these inspections. Future inspections may be modified to a two or three year time period if preserves are shown to be maintaining success criteria without intervention. Following completion of the mitigation monitoring program, the preserve area will be maintained such that the total vegetative cover accounted for by exotic and nuisance plants each constitute no more than 5% of total plant cover. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 38 of 44 9. FINANCIAL RESPONSIBILITY FOR THE WETLAND MITIGATION PROGRAM Table 10 of Appendix A provides the estimated costs of the proposed wetland mitigation program, including estimated costs for initial mitigation/enhancement activities, for maintenance exotic and nuisance plant eradication (control) activities during the monitoring period, and for mitigation monitoring activities. The total estimated cost for this program is $246,395 while the total estimated cost plus an additional ten percent is $271,035. The permittee will provide SFWMD with a performance bond, an irrevocable letter of credit, or other form of surety acceptable to the District in order to establish a financial responsibility mechanism for the mitigation program pursuant to applicable sub-sections within Section 4.3.7 of the BOR. The amount of financial responsibility ensured through this mechanism would be $271,035 (total estimated mitigation cost plus 10%). As the mitigation activities are concluded, the permittee will request SFWMD to release portions of this bond in amounts applicable to the portion of mitigation, maintenance, and/or monitoring successfully completed. Appropriate documentation would be provided with these written requests pursuant to Section 4.3.7.7.1 of the BOR. Long term maintenance will become the responsibility of the Community Development District (CDD) which is a taxing authority with the ability to levy funds for undertaking the maintenance of the preserve areas. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 39 of 44 10. BASIS OF WETLAND MITIGATION PROGRAM AS ADEQUATE COMPENSATION FOR PROPOSED WETLAND IMPACTS The wetland mitigation program proposed involves various wetland restoration and enhancement activities within the Estancia conservation areas (wetland preserves). As demonstrated through UMAM calculations/analyses, it is anticipated that this mitigation program will compensate for the project's proposed impacts. UMAM forms (e.g. Part 1 and Part 2 forms) for existing conditions in wetlands W-5 and W-6 that will be impacted by the proposed project are provided in Appendix D. UMAM forms for the proposed conditions in the preserved wetlands are also provided in Appendix D. UMAM net functional gain calculations or "functional lift" that will be derived from the proposed enhancement program as calculated using state (SFWMD) and federal (USACE) mitigation time lag factors are also contained in Appendix D. The two tables that follow summarize the results of the UMAM calculations provided in Appendix D. As can be seen in these tables, the proposed mitigation program will generate a total net functional gain that compensates for the functional loss that will result from the project's proposed impacts to USACE jurisdictional wetlands (total functional loss = 7.91; total net functional gain = 8.57; gain exceeds loss by 0.66 wetland functional units. Table A. Wetland functional loss resulting from proposed wetland impacts Wetland Impacted UMAM Score Impact Acres UMAM Functional Loss W-5 0.20 26.52 5.30 W-6 0.20 13.04 2.61 Totals for Wetland Impacts 39.56 7.91 Table B. Total net functional gain anticipated from the proposed wetland enhancement program: calculations using USACE mitigation time lag factors. Wetland ID FLUCFCS Code FLUCFCS Description Acres Preserved, Created or Retained Functional Score (existing) Functional Score (with project) Functional Delta Net Functional Gain W-1 616 (E3) Pop Ash and Pond Apple 11.01 0.33 0.57 0.24 2.04 740 Agricultural Berm 3.27 0.00 0.43 0.43 1.41 OSW Agricultural Ditches 0.45 0.00 0.43 0.43 0.19 W-2 618 (E4) Willow and Brazilian Pepper 5.91 0.27 0.57 0.30 1.77 621 (E2) Cypress 8.11 0.37 0.60 0.23 1.86 740 Agricultural Berm 2.17 0.00 0.43 0.43 0.93 OSW Agricultural Ditches 0.29 0.00 0.43 0.43 0.12 W-3 618 (E4) Willow and Brazilian Pepper 5.11 0.27 0.57 0.30 1.53 740 Agricultural Berm 0.95 0.00 0.43 0.43 0.41 OSW Agricultural Ditches 0.14 0.00 0.43 0.43 0.06 W-4 216H Fallow Ag Lands (Hydric) 5.06 0.20 0.67 0.47 2.38 OSW Agricultural Berm 1.59 0.0 0.67 0.67 1.06 740 Agricultural Ditches 0.55 0.0 0.67 0.67 0.37 13.751 6 yrs Time Lag 1.0696 Risk 1.50 TOTALS 44.6 8.57 Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 40 of 44 It is clear from the UMAM calculations that the proposed wetland enhancement program will compensate for the project's impacts to jurisdictional wetlands associated with the development activities. There will be no net loss of wetland functions/values. Instead, there will be a net increase in wetland functions/values following successful completion of the mitigation and enhancement program. The applicant does not propose any mitigation for the project's anticipated impacts to jurisdictional other surface waters (OSWs). All of the on-site OSWs that will be impacted are man-made irrigation ditches that are actively used and managed as part of the existing agricultural operation's surface water management system. The lakes and MEBSS that will remain on-site following completion of the development will constitute "new" OSWs encompassing a total of approximately 76 acres. These lakes will more than compensate for the proposed impacts to the existing irrigation ditches. USACE Mitigation Plan (33 CFR 332.4(c) (2) – (14)) The USACE, when looking at unavoidable wetland impacts, uses the following criteria to determine whether or not mitigation is suitable for the impacts proposed. As described, the project proposes direct permanent wetland impacts and therefore is subject to this review. These criteria as well as the project’s compliance with such have been provided to give the USACE the assurances that the project will not result in any loss to wetland resources or functions. - Objectives. The proposed project is occurring on a site which has been heavily impacted by past row crop farming activities. The proposed development does impact two fallow farm fields which have developed wetland vegetation as a result of irrigation activities and according to the USACE are waters of the U.S based on their proximity to other jurisdictional wetlands. However, these wetlands are very low functioning wetlands and their long term viability is questionable. A wetland enhancement program is proposed (described earlier in this report) which will improve the long term viability prospect of the remaining on-site wetlands as well as provide increased functional value and wading bird foraging values to the local watershed. - Site selection. The mitigation sites were selected because of they are onsite and provide excellent opportunities to enhance the wetland functions and services of the mitigation areas. - Site protection instrument. As described above, the wetland preserve areas will be protected via recorded conservation easements. - Baseline information. This has been provided above in Sections 2 and 3 of this report as well as in Appendix B attached. Additional information on the mitigation sites baseline information is provided in the UMAM analysis Qualitative sheets in Appendix D. - Determination of credits. As described in Section 10 of this analysis, 7.91 credits will be lost as a result of the proposed wetland impacts. The proposed mitigation / enhancement activities result in a functional lift of 8.57 credits associated with the project which is sufficient to compensate for these permanent impacts. The UMAM analysis provided in Appendix D supports this determination. The appropriate USACE time lag factors have been included in the calculations to account for temporal loss. - Mitigation work plan. A detailed summary of the proposed wetland mitigation and enhancement program has been provided in Sections 5 of this report. - Maintenance plan. A description and schedule of the proposed mitigation enhancement activities as well as the long term maintenance commitment has been provided in Sections 7 and 8 of this report. - Performance standards. Success criteria for the enhancement activities tied to exotic removal, regeneration, and planting success associated with the proposed mitigation enhancement activities have been provided in Section 6. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 41 of 44 - Monitoring requirements. Monitoring of the mitigation enhancement success will be conducted annually for the first 5 years and then as needed to make sure the efforts remain successful. The details of this monitoring are outlined in Section 7 of this report. - Long-term management plan. Section 8 of this report outlines the maintenance program anticipated for the wetland areas. - Adaptive management plan. Unexpected changes to the wetland areas or the mitigation enhancement activities could result in mitigation deficits on the project. Future issues will be addressed as needed in conjunction with the long-term monitoring program outlined in Section 7 of this report. - Financial assurances. Financial assurances for the mitigation activities are addressed in Section 9of this report. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 42 of 44 11. CUMULATIVE IMPACTS ANALYSIS Development of the Estancia and Oyster Harbor East projects will not result in any permanent loss to wetland functions within the drainage basin. Though the Estancia project will impact jurisdictional wetlands, all of the wetlands on the project site are isolated by a perimeter berm and rim ditch system as well as being substantially degraded by exotic vegetation infestation and subject to hydrological extremes. The proposed wetland mitigation and enhancement program will improve significantly the functions and services of wetland habitats located within and adjacent to the project boundaries. The functional lift or net functional gain anticipated from the wetland enhancement program will offset the existing wetland functions and services that will be impacted on the site. Thus, there will be no net loss of wetland functions (functional values) as a result of the proposed project. Instead, the proposed project coupled with its wetland protection and enhancement program should ultimately increase total wetland functional value in the immediate project area in the long term. The wetlands involved in the enhancement program are all located within the West Collier watershed (drainage basin) according to SFWMD. Since the proposed project will increase wetland functional values within the immediate area of the project site, there should be no adverse cumulative impacts upon wetlands and other surface waters within the drainage basin. The proposed project should not adversely affect the quality of receiving waters located in the drainage basin. Appropriate best management practices employed during project construction and operation will ensure protection of off-site water quality. The project's stormwater management system has been designed to provide water quality treatment and attenuation that meets applicable BOR design standards/criteria. Because of this, discharges from the project's lakes following development should not adversely impact water quality in off-site wetlands or OSWs. The proposed development is consistent in character with other ongoing and past development of the area. The proposed development continues the development of degraded wetlands and preservation of high functioning wetlands to the south of the project in accordance with the area DRI. The Western Collier drainage basin is extensive and contains several areas where future development is either already permitted or is anticipated. It is assumed that other development projects in the basin seeking to impact wetlands similar to those on the property will typically provide mitigation for these impacts in the same basin. It can also be reasonably assumed that this mitigation will fully compensate for the wetland functions lost via proposed impacts and that the projects will adequately protect regional water quality, otherwise the projects would not receive necessary permits. The impacts of these other projects should therefore not cause unacceptable cumulative impacts upon wetlands and OSWs in the Western Collier watershed. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 43 of 44 12. PUBLIC INTEREST ANALYSIS The SFWMD requests that applicants for ERPs address certain topics to help determine whether a project is or is not contrary to the public interest, primarily regarding project activities in wetlands and other surface waters. The following sub-sections identify the public interest test topics identified by the state and address each topic as it specifically relates to the Estancia and Oyster Harbor East projects. Public Health, Safety, or Welfare or the Property of Others The projects have been designed to meet applicable county, state and federal regulations. Therefore, the proposed projects will not be contrary to the public health, safety and welfare. The projects will not affect any areas classified for shellfish harvesting as there are no such areas present in or near the project. Development should not cause flooding of off-site properties since the surface water management system has been designed in accordance with SFWMD criteria. In fact, the proposed project may actually help reduce flood stages slightly in the immediate vicinity through the increased surface water storage capacity that will be realized upon completion of the project lakes and MEBSS extension. Fish and Wildlife and Their Habitats Wildlife surveys have been conducted on the property to determine what species utilize the project lands property and what species have the potential to occur on the project lands. Several listed species have been observed on project lands during these surveys including American alligator, Florida Sandhill crane, wood stork, little blue heron, snowy egret, snail kite, and tricolored heron. Of these, only the alligator was considered to be a potential resident species and there were no indications that any of the listed birds ever nest on project lands. Considering the adaptability of alligators to use created water management lakes, this project will not adversely affect the conservation of this species. Following completion of the project, lakes and their vegetated littoral zones will provide aquatic habitats that can be exploited by the listed wading birds, fish, and other aquatic organisms. The wetland enhancement program will substantially improve the habitat values of wetlands within the project’s preserve areas. These improved wetland habitats will provide foraging opportunities for the listed wading birds and may provide a potential communal roosting and/or rookery site for certain listed wading birds. Certain freshwater marsh and wet prairie habitats within the preserve areas may provide suitable nesting sites for Sandhill cranes. Considering these points along with the proposed protection program that will be implemented for listed wading birds and Sandhill cranes, the project should not adversely affect the conservation of these species. Navigation, Water Flow. Erosion and Shoaling The project will not affect navigation or shoaling as there are no navigable waters within the affected area and no activities related to shoaling issues are proposed. The project should have minimal effects on erosion and runoff since the project plans include implementation of adequate erosion/sedimentation control measures. Sheetflow over the majority of the property is currently restricted to the property itself because of perimeter berms and ditches that surround the row crop fields. Water flow to off-site lands does not occur to a significant degree except when throwout pumps are used to manually discharge water from the fields into off-site areas. The perimeter stormwater containment berms to be constructed as part of the proposed project will also contain runoff on-site similar to current conditions. The lakes have been designed to meet the water quantity and quality criteria set forth in the BOR, thus the project should not adversely impact water flow. Fisheries, Recreation, and Marine Productivity There are no sport or commercial fisheries in or near the project lands, nor are there any marine resources. None of the wetlands or OSWs on project lands are presently used for any type of recreational purpose. Due to these factors, the proposed project will have no effect on fishing values, recreational values, or marine productivity. Estancia and Oyster Harbor East Environmental Supplement September 29 2015 Page 44 of 44 Tem porary or Permanent Nature The impacts proposed to existing wetlands will be permanent. The proposed enhancement program will include grading activities in the preserve areas that will temporarily "impact" portions of the sites wetlands. These temporary impacts associated with the mitigation and enhancement program should really not be considered as adverse impacts since the net result will be substantial improvements to the functional values of the wetlands involved. All the wetland areas affected by grading will remain as wetlands following completion of grading activities. Historical or Archaeological Resources No cultural or historical resources have been identified on the property during the past 50+ years of agricultural operations. It is anticipated that the proposed project will have no effect on cultural resources listed or eligible for listing in the National Register of Historic Places. Current Condition and Relative Value of Functions The current condition of the existing on-site wetlands on the project site is extremely poor and their functions have been substantially degraded. The value of the functions provided by these wetlands, isolated from the wetlands to the south by a perimeter berm and rim ditch system, is minimal relative to the functional values provided by most other wetlands in the immediate project vicinity. The wetlands would continue to further degrade over time without the proposed project, largely through the combined effects of agricultural water management activities and the continued spread of exotic and nuisance plant species. Implementation of the proposed wetland preserve and enhancement program is intended to enhance wetland hydrology and habitat quality of the wetlands involved in the program. This should result in greater long-term ecological benefits than those that could be provided by the affected wetlands if left in their current state. All of the on-site OSWs that will be affected by the project are man-made agricultural irrigation ditches. Development of the proposed project will ultimately create a substantially greater acreage of OSWs than presently exists in the form of the project lakes and Marsh Enhancement Buffer and Spreader System (MEBSS) extension. The aquatic habitats provided by these lakes should more than compensate for the proposed impacts to existing ditches. The lakes may also serve as a valuable source of surface water storage. FC ESTANCIA and OYSTER HARBOR APPENDIX A TABLES Page | 2 Table 1. Existing Major FLUCFCS categories present on the FC ESTANCIA property. FLUCFCS Code FLUCFCS Description Acres % of Total Property 190 Open Land 23.5 3.8 214 Row Crops 374.1 60.4 216 Fallow Ag Land 54.0 8.7 216H Hydric Fallow Ag Land 5.1 0.8 241 Tree Nursery 15.0 2.4 422/429 Brazilian Pepper / Wax Myrtle 2.1 0.3 619/433 Exotic Wetland Hardwoods / Hydric Hardwoods 16.1 2.6 619/618 Exotic Wetland Hardwoods / Willow 5.9 1.0 621/619 Cypress / Exotic Wetland Hardwoods 8.1 1.3 740 Disturbed Lands / Berms / Filled 79.9 12.9 OSW Agricultural Ditches 36.0 5.8 TOTAL ACRES 619.8 Table 2. Existing Major FLUCFCS categories present on the Oyster Harbor East property. FLUCFCS Code FLUCFCS Description Acres % of Total Property 112 Mobile Home Units 8.3 4.3 151 Vegetable packing Plant 6.6 3.4 214 Row Crops 133.9 69.8 740 Disturbed Lands / Berms / Filled 31.3 16.3 814 Roads 3.7 1.9 OSW Agricultural Ditches 8.1 4.2 TOTAL ACRES 191.9 Table 3. Existing Native Vegetation FLUCFCS mapping units present on the FC ESTANCIA property. FLUCFCS Code FLUCFCS Description Acres % of Total Native Vegetation 619/433 Exotic Wetland Hardwoods / Hydric Hardwoods 16.1 66.5 621/619 Cypress / Exotic Wetland Hardwoods 8.1 33.5 TOTAL ACRES 24.2 Page | 3 Table 4. Existing wetlands present on the FC ESTANCIA property and the FLUCFCS composition of these wetlands. Wetland ID FLUCFCS Code FLUCFCS Description Acres USACE JURISDICTION SFWMD JURISDICTION W-1 616 (E3) Pop Ash and Pond Apple (50% to 75% Exotics) 11.0 No YES W-2 618 (E4) Willow and Brazilian Pepper (75% to 100% Exotics) 5.9 No YES 621 (E2) Cypress (25% to 50% Exotics) 8.1 No YES W-3 618 (E4) Willow and Brazilian Pepper (75% to 100% Exotics) 5.1 No YES W-4 216H Fallow Ag Lands (Hydric) 5.1 YES YES W-5 216H Fallow Ag Lands (Hydric) 26.5 YES YES W-6 216H Fallow Ag Lands (Hydric) 13.0 YES YES TOTAL ACRES OF WETLAND 44.6 74.7 Table 5. Existing wetland and surface water FLUCFCS mapping units present on the FC ESTANCIA property that will be impacted by the project and the extent of these impacts. FLUCFCS Code FLUCFCS Description Acres % of Total Impact 216H Fallow Ag Lands (Hydric) 39.5 100 216H Fallow Ag Lands (Hydric) 5.1 ** 533 Storm Water Spreader Flow-way 0.6 OSW Farm Ditches 35.5 TOTAL ACRES OF WETLAND and OSW IMPACTS 80.7** ** Impacts to 5.1 acres will be temporary in nature for enhancement activities. Fallow crop land will be scraped, contoured, and replanted to enhance habitat value. Table 6. Existing wetland and surface water FLUCFCS mapping units present on the Oyster Harbor property that will be impacted by the project and the extent of these impacts. FLUCFCS Code FLUCFCS Description Acres % of Total Impact OSW Farm Ditches 8.1 TOTAL ACRES OF WETLAND IMPACTS 0.0 All impacts proposed are to existing farm field ditches deemed non wetland waters by USACE. Page | 4 Table 7. Existing vegetation FLUCFCS mapping units present in the Preserves proposed on the FC ESTANCIA property. Wetland ID FLUCFCS Code FLUCFCS Description Acres Wetland / OSW Upland W-1 616 (E3) Pop Ash and Pond Apple (50% to 75% Exotics) 11.01 740 Disturbed, Filled, Berms 3.27 OSW Agricultural Ditches 0.45 TOTAL 14.73 11.46 3.27 W-2 618 (E4) Willow and Brazilian Pepper (75% to 100% Exotics) 5.91 621 (E2) Cypress (25% to 50% Exotics) 8.11 740 Disturbed, Filled, Berms 2.17 OSW Agricultural Ditches 0.29 TOTAL 16.48 14.31 2.17 W-3 618 (E4) Willow and Brazilian Pepper (75% to 100% Exotics) 5.11 740 Disturbed, Filled, Berms 0.95 OSW Agricultural Ditches 0.14 TOTAL 6.20 5.25 0.95 W-4 216H Fallow Ag Lands (Hydric) 5.06 740 Disturbed, Filled, Berms 1.59 OSW Agricultural Ditches 0.55 TOTAL 7.20 5.61 1.59 TOTAL ACRES OF WETLAND 44.61 36.63 7.98 Table 8. Proposed (post-mitigation) conditions for the Preserve areas. FLUCFCS Code FLUCFCS Description Acres % of Total Preserve 616 Pop Ash and Pond Apple 14.7 33.0 618 Willow Marsh 14.1 31.6 621 Cypress 8.6 19.3 641 Freshwater Marsh 5.4 12.1 643 Wet Prairie 1.8 4.0 TOTAL PRESERVE ACREAGE 44.6 Page | 5 Table 9. UMAM assessment for the FC ESTANCIA project (A and B below). A. UMAM scores for existing USACE wetlands to be impacted and the functional loss resulting from these impacts. Wetland ID FLUCFCS Code FLUCFCS Description Acres Impacted Functional Score Functional Loss W-5 216H Fallow Ag Lands (Hydric) 26.52 0.20 5.30 W-6 216H Fallow Ag Lands (Hydric) 13.04 0.20 2.61 MEBSS Stormwater swale 0.63 0.00 0.00 TOTALS 40.19 7.91 B. Relative Functional Gain (RFG) for enhancement area wetlands and the net functional gain for these wetlands resulting from completion of the proposed wetland enhancement program. Wetland ID FLUCFCS Code FLUCFCS Description Acres Preserved, Created or Retained Functional Score (existing) Functional Score (with project) Functional Delta Net Functional Gain W-1 616 (E3) Pop Ash and Pond Apple 11.01 0.33 0.57 0.24 2.04 740 Agricultural Berm 3.27 0.00 0.43 0.43 1.41 OSW Agricultural Ditches 0.45 0.00 0.43 0.43 0.19 W-2 618 (E4) Willow and Brazilian Pepper 5.91 0.27 0.57 0.30 1.77 621 (E2) Cypress 8.11 0.37 0.60 0.23 1.86 740 Agricultural Berm 2.17 0.00 0.43 0.43 0.93 OSW Agricultural Ditches 0.29 0.00 0.43 0.43 0.12 W-3 618 (E4) Willow and Brazilian Pepper 5.11 0.27 0.57 0.30 1.53 740 Agricultural Berm 0.95 0.00 0.43 0.43 0.41 OSW Agricultural Ditches 0.14 0.00 0.43 0.43 0.06 W-4 216H Fallow Ag Lands (Hydric) 5.06 0.20 0.67 0.47 2.38 OSW Agricultural Berm 1.59 0.0 0.67 0.67 1.06 740 Agricultural Ditches 0.55 0.0 0.67 0.67 0.37 13.751 6 yrs Time Lag 1.0696 Risk 1.50 TOTALS 44.6 8.57 Page | 6 Table 10. Mitigation Cost Estimate for Preserve Areas. Wetland W-1 Activity Quantity Unit Unit Cost Total Cost Clearing and Grubbing 3.3 acres $1,500 $4,950 Contouring 3.7 acres $1,000 $3,700 Exotic Vegetation Removal 11.0 acres $2,000 $22,000 Wetland W-2 Activity Quantity Unit Unit Cost Total Cost Clearing and Grubbing 2.2 acres $1,500 $3,300 Contouring 2.5 acres $1,000 $2,500 Exotic Vegetation Removal 5.9 acres $3,000 $17,700 8.1 acres $1,500 $21,150 Wetland W-3 Activity Quantity Unit Unit Cost Total Cost Clearing and Grubbing 1.0 acres $1,500 $1,500 Contouring 1.1 acres $1,000 $1,100 Exotic Vegetation Removal 5.1 acres $3,000 $15,300 Wetland W-4 Activity Quantity Unit Unit Cost Total Cost Clearing and Grubbing 6.6 acres $1,700 $11,220 Contouring 7.2 acres $1,000 $7,200 Revegetation Canopy Trees (3 gal) 800 $7.50 $6,000 Woody Shrubs (3 gal) 2,500 $4.50 $11,250 Groundcover (liner, bare root, 1- gal) 9,000 $1.50 $13,500 Initial Costs Sub Total $142,370 Exotic and Nuisance Vegetation Control Year 1 (2 events) 44.7 acres $250 $11,175 Year 2 (3 events) 44.7 acres $150 $6,705 Year 3 (3 events) 44.7 acres $150 $6,705 Year 4 (2 events) 44.7 acres $100 $4,470 Year 5 (2 events) 44.7 acres $100 $4,470 Maintenance Sub Total $33,525 TOTAL ESTIMATED COST FOR PRESERVE $175,895 Page | 7 COST ESTIMATE FOR MONITORING PRESERVE AREA Mitigation Monitoring Time Zero 1.00 Total Cost $18,000 $18,000 1st Annual 1.00 Total Cost $10,000 $10,000 2nd Annual 1.00 Total Cost $10,000 $10,000 3rd Annual 1.00 Total Cost $10,000 $10,000 4th Annual 1.00 Total Cost $10,000 $10,000 5th Annual 1.00 Total Cost $12,500 $12,500 Monitoring Sub Total $70,500 TOTAL ESTIMATED COST FOR MITIGATION $246,395 TOTAL COST + 10% $271,035 1 FIDDLER’S CREEK, ESTANCIA and OYSTER HARBOR EAST: EXISTING VEGETATION ASSOCIATIONS (FLUCFCS) AND LISTED SPECIES SURVEY Prepared By: 3584 Exchange Avenue Naples, FL 34104 September 2015 2 1. INTRODUCTION FC Creek and FCC Oyster Harbor (applicants) seek to develop a residential (Oyster Harbor East) and residential / golf course (Estancia) community within the existing Fiddler’s Creek development east of Naples, FL. The project area includes approximately 812 acres of land and is the remaining undeveloped portion of the 3,932 acre Fiddler’s Creek Development of Regional Impact (DRI). The Fiddler’s Creek DRI is presently approved for a total of 6,000 residential units, 33.6 acres of business use, community facilities, schools, roads, parks, recreation and open space, golf courses, lakes and environmental preserves. The property is located at the southwestern corner of a larger agricultural area east of the CR951 and US 41 intersection. The property has been in agricultural production since the late 1960’s and early 1970’s originally by A. Duda and Sons Farms and since 1992 by South Coast Vegetable and Gargiulo Farms. The Project area is approximately 10 miles southeast of Naples (4 miles southeast of the CR 951 and US 41 intersection), immediately south of US 41 in Collier County, Florida (township 50 South, Range 27 East, Portions of Sections 18 and 19). Driving directions to the project site would start from Exit 101 south from Interstate 75. Head south on Collier Blvd (CR951) to the Tamiami Trail (US 41) intersection. Turn east on US 41 and approximately 4 miles to the project entrance on the south side of the road. The Project area is currently in use as active and fallow row crop agricultural lands with three remnant isolated depressional wetland areas that have not been farmed (Figure 3). Part of the FC Estancia project will include conducting wetland enhancement activities on lands within and adjacent to the project site. Three internal wetland preserve areas are currently proposed. While these three areas are isolated and therefore not currently believed to be jurisdictional under the federal guidelines they will be avoided and, as a result of this project, be connected to offsite waters through the proposed storm water management design. These three areas together encompass approximately 30.1 acres and are situated within the existing agricultural operations (Figure 4). The proposed project will also undertake the enhancement of a small fallow field area located outside of the proposed development boundaries. This fallow area will be regraded to remove the existing berm and ditch around it as well as to create a system of pools designed to provide enhanced foraging opportunities for wading and other birds which can be found on and around the project site. (Figure 9). There are no wetlands present on the Oyster Harbor East project property. This report documents the results of FLUCFCS mapping efforts. It further documents the results of the listed species/wildlife surveys conducted by Turrell, Hall and Associates (THA). In reviewing this report, the reader should refer to the various Figures (drawings) contained in Appendix E of the overall Environmental Supplement document prepared for the project. The referenced figures include: • Figure 1 - Location Map. • Figures 4 & 5 - Existing FLUCFCS and Wetlands. • Figure 7E – Wading Bird Foraging Improvements • Figure 10 - Listed Species Observed. 2. EXISTING VEGETATION ASSOCIATIONS, LAND FORMS, & LAND USES (FLUCFCS) 2.1 METHODOLOGY Vegetation associations, land forms, and land uses (FLUCFCS categories) present on and near the project lands were mapped using direct field observations and interpretation of aerial photographs. Field observations were conducted primarily during the period from October 2013 through June 2015. These observations included pedestrian transects across the lands recording vegetation community characteristics as well as recording location points along the boundaries of certain communities/land forms using handheld GPS units. The methods and class descriptions found in the Florida Land Use, Cover and Forms Classification System (FLUCFCS) manual (FDOT, 1999) were generally followed when delineating areas and assigning areas to an appropriate FLUCFCS category (class) or “code”. Level III classifications were generally employed. Certain modifications and/or additions were made to the FLUCFCS class definitions and numeric codes presented in this manual in order to better describe and differentiate both plant communities and land uses. Since an 3 emphasis was placed on plant communities and the type and quality of habitats formed by these communities, the vegetation association present was given more weight than the prevailing land use in some cases. The sections that follow list and describe the FLUCFCS categories mapped within the project lands and in other adjacent lands. Major FLUCFCS categories are presented first. The FLUCFCS code number for each category is indicated followed by the brief name (description) of the category. If applicable, plants common to each significant vegetation stratum present are indicated. A general description of the FLUCFCS category is then provided together with any nuances specific to the project site that are worthy of mention. Following the major categories, FLUCFCS category modifiers may also be included. For example, the major FLUCFCS category of 621 (cypress forest) might be modified by using the suffix codes “D” and “E2”. In this example, a FLUCFCS code shown as 621 D, E2 would indicate a cypress forest which has been disturbed (the “D” modifier) and has exotic plants present which form a cover ranging from 25 to 49 percent (the “E2” modifier). Modifiers are used when the effects of disturbance or exotic species have significantly altered common characteristics of a major FLUCFCS class. One should note that the standard FLUCFCS system labels certain groups of vegetation associations (FLUCFCS categories) as “uplands” and others as “wetlands”. In assigning FLUCFCS categories, THA uses the FLUCFCS category which best describes the dominant vegetation association, generally without regard to whether the FLUCFCS system considers the community as an “upland” or “wetland”. 2.2 MAJOR FLUCFCS CATEGORIES Figures 4 and 5 illustrate detailed FLUCFCS map polygons present on the project lands. A FLUCFCS map unit is a unique area (or polygon) mapped using either a major FLUCFCS category code only (ex., FLUCFCS 621) or a major FLUCFCS category code together with one or more modifiers (ex., FLUCFCS 621 E2). Table 1 lists each of the FLUCFCS map unit codes present on the property and total acreage encompassed by each unique FLUCFCS type. The existing habitat types (FLUCFCS map units/categories) present on the project lands and nearby areas are shown on Figure 4. All existing FLUCFCS categories are described in Appendix B. Table 1 lists each of the existing major FLUCFCS categories and their extent as mapped on the property while Appendix B contains a table listing all the unique FLUCFCS map units present on the property and their extent. Of the total 619.8 acres contained within the property boundary, 88.5% classify as uplands (548.6 ac.), 5.8% classify as other surface waters (36.0 ac.; agricultural irrigation ditches), and 5.7% classify as wetlands (35.2 ac of both jurisdictional (5.1 ac) and non-jurisdictional (30.1 ac)). The majority of the property consists of actively farmed row crop fields. Other agricultural areas and features constitute most of the remaining area (tree nursery, agricultural irrigation ditches, farm roads and trails, and previously cleared agricultural lands and facilities areas). There are no rare or exceptional vegetation associations present on any of the project lands. The following sub-sections describe each major FLUCFCS category mapped on the project lands. Modifiers attached to these categories are described separately. One should read both the major FLUCFCS categories and their modifiers to understand the FLUCFCS map units present. 112: Mobile Home Units Canopy - none. Subcanopy - none. Ground Cover – Mown grasses, primarily bahiagrass (Paspalum notatum). Comments: This category includes the workforce housing area on the farm and is maintained on a weekly basis. 4 151: Vegetable Packing Plant Canopy - none. Subcanopy - none. Ground Cover – Mown grasses, primarily bahiagrass (Paspalum notatum). Comments: This category includes the packing house which is in operation during harvesting activities. Primarily used as a storage and staging area. Is maintained on a monthly to bi-monthly basis. 190: Open Land Canopy - none. Subcanopy - none. Ground Cover - various graminoids, forbs, ruderals. Examples include bahiagrass (Paspalum notatum), bermudagrass (Cynodon dactylon), various panicums (Panicum spp.), chickweed (Stellaria spp.), dog-fennel (Eupatorium spp.), Caesarweed (Urena lobata), bluestems (Andropogon spp.), etc. Comments: This category includes development lands that have been planted with domestic grasses and are regularly and intensively maintained. The mapping includes a portion of a stormwater lake associated with the FC Marsh Cove development. 214: Row Crops Canopy - none. Subcanopy – none. Ground Cover - Various small vegetable row crops, especially tomatoes, when fields are in production. When fallow, various graminoids, forbs, ruderals may be present. Comments: These agricultural lands are actively used and managed for row crop production. Mapped areas include berms and smaller irrigation ditches associated with the row crop fields. Larger irrigation ditches are separately mapped as OSW . Perimeter berms surrounding the fields and internal field berms adjacent to irrigation ditches can be dominated by a wide array of woody and herbaceous species. Typically, Brazilian pepper is the dominant cover on the larger berms. 216: Fallow Ag Land Canopy - none Subcanopy - Generally absent. Sparsely scattered species can include Brazilian pepper (Schinus terebinthifolius), wax myrtle (Myrica cerifera), cabbage palm (Sabal palmetto), saltbush (Baccharis halimifolia). Ground Cover - various graminoids, forbs and ruderals. Examples include dog-fennel (Eupatorium spp.), bahiagrass (Paspalum notatum), bluestems (Andropogon spp.), panicums (Panicum spp.),ceasar weed (Urena lobata), beggar-ticks (Bidens spp.), etc. Comments: This FLUCFCS category is representative of areas in which the canopy, subcanopy, and ground cover strata have been previously cleared in association with converting the land to agricultural production. The cessation of agricultural activities has allowed for the re-colonization of various groundcover and scattered sub-canopy vegetation. 241: Tree Nursery Canopy - Dominant: live oak (Quercus virginiana), laurel oak (Quercus laurifolia), various palms. Subcanopy - none Ground Cover - various graminoids, forbs, ruderals. Comments: This FLUCFCS category is representative of areas in which the land was cleared and graded for planting nursery stock for eventual use within the development communities. Some areas were once planted with domesticated grasses and occasionally native grasses, however limited maintenance has allowed other ground cover species to colonize the areas. This area is subject to periodic management (limited brush hogging, 5 etc.) activities. Small drainage swales and berms are present within the mapped areas. 429 E4: Brazilian Pepper / Wax Myrtle Canopy - generally less than 10% cover, if remnant trees remain. Subcanopy - Dominant: Brazilian pepper (Schinus terebinthifolius). Other: cabbage palm(Sabal palmetto), coastal willow (Salix caroliniana), primrose willow (Ludwigia peruviana), wax myrtle (Myrica cerifera), saltbush (Bacharis spp.), etc. Ground Cover – extremely scarce and sparse, but can include widely scattered various graminoids, forbs, woody species, and ferns. Comments: Areas mapped as FLUCFCS 422 are essentially Brazilian pepper monocultures. This designation is applied to areas having a cover by native species of less than 10-15 percent and the total cover by Brazilian pepper in the subcanopy strata is 85 percent or greater. Brazilian pepper monocultures within project lands occur where these highly invasive species have overtaken the native plant community. This often occurs in previously disturbed areas (ex., cleared for agricultural lands, ditching) or where the native community is stressed by other factors (ex., hydrologic alterations, fire) but these factors are not pre-requisites. The composition of the remaining native species can be highly variable. The number and diversity of native canopy and subcanopy trees and shrubs remaining is greatly restricted by the dense Brazilian pepper. Similarly, the percent cover and species diversity found within the groundcover stratum is severely restricted by shading, crowding, and competition from the overstory Brazilian pepper. 616 E4: Brazilian Pepper / Hydric Hardwoods Canopy - Dominant: Brazillian pepper. Other: coastal willow (Salix caroliniana), primrose willows (Ludwigia spp.), pond apple (Annona glabra), popash (Fraxinus carioliniana) wax myrtle (Myrica cerifera), saltbush (Baccahris spp.), Subcanopy - Dominant: Brazilian pepper (Schinus terebinthifolius). Other: variable depending on location. Examples: coastal willow, wax myrtle, primrose willows (Ludwigia spp.), saltbush (Baccharis spp.), cabbage palm, pond apple, etc. Ground Cover – sparse to absent, but can include predominately ferns with various graminoids, forbs and small woody species. Comments: Areas mapped as FLUCFCS 616 E4 are essentially Brazilian pepper monocultures. This designation is applied to wetland areas having a canopy/subcanopy cover by native species of less than 10 to 15 percent and the total cover by Brazilian pepper in the subcanopy strata is 85 percent or greater. Brazilian pepper shrubs and trees are typically the dominant stratum. The number and diversity of native canopy and subcanopy trees and shrubs remaining is greatly restricted by the dense Brazilian pepper. Similarly, the percent cover and species diversity found within the groundcover stratum is severely restricted by shading, crowding, and competition from the overstory Brazilian pepper. The normal hydroperiod has also been altered by the ongoing agricultural practices. 618 E4: Brazilian Pepper / Willow Wetland Canopy - Dominant: Brazillian pepper. Other: coastal willow (Salix caroliniana), primrose willows (Ludwigia peruviana, L. octovalis, L. leptocarpa), wax myrtle (Myrica cerifera), saltbush (Baccahris spp.), Subcanopy - Dominant: Brazilian pepper (Schinus terebinthifolius). Other: variable depending on location. Examples: coastal willow, wax myrtle, primrose willows (Ludwigia spp.), saltbush (Baccharis spp.), cabbage palm, red maple, etc. Ground Cover – sparse to absent, but can include various graminoids, forbs and small woody species. Comments: As above, the areas mapped as FLUCFCS 618 E4 are essentially Brazilian pepper monocultures. The normal hydroperiod has also been altered by the ongoing agricultural practices. 621 E3: Cypress Forest / Brazilian Pepper Canopy - Dominant: bald cypress (Taxodium distichum). Other: cabbage palm (Sabal palmetto), red maple (Acer rubrum), etc. Subcanopy - Dominant: Brazilian pepper (Schinus terebinthifolius). Other: variable depending on location. Examples: coastal willow, wax myrtle, primrose willows (Ludwigia spp.), saltbush (Baccharis spp.), etc. 6 Ground Cover - various forbs and ferns along with some woody species. Examples include beak rush (Rhynchospora spp.), yellow-eyed grass (Xyris spp.), fringe-rush (Fimbristylis spp.), swamp fern (Blechnum serrulatum) bog-buttons (Lachnocaulon spp.), flatsedge (Cyperus spp.), stinkweed (Pluchea spp.), various ferns, etc. Comments: These forests are dominated by cypress and Brazilian pepper. The subcanopy is dominated by Brazilian pepper while other species present include coastal willow, primrose willow, and cabbage palm. The groundcover is sparse as the dense Brazilian pepper has restricted species diversity. 740: Disturbed Land Canopy – none. Subcanopy - typically none. Where present, widely scattered Brazilian pepper (Schinus terebinthifolius), cabbage palm (Sabal palmetto), wax myrtle (Myrica cerifera), saltbush, etc. Ground Cover - barren areas mixed with areas dominated by various graminoids and ruderals such as bahiagrass (Paspalum notatum), bermudagrass (Cynodon dactylon), bluestems (Andropogon spp.), panicums (Panicum spp.), dog-fennel (Eupatorium spp.), beggar-ticks (Bidens spp.), etc. Comments: Lands mapped FLUCFCS 740 are areas that have been previously cleared for various reasons. Most are currently in use as roads or agricultural berms used in the agricultural irrigation and drainage system. OSW: Agricultural Irrigation Ditches Canopy - none Subcanopy - none Ground Cover – various graminoids and other herbaceous species along with small woody species in places. Examples: primrose willow (Ludwigia peruviana), willow (Salix spp.), maidencane (Panicum hemitomon), torpedo grass (Panicum repens), cattail (Typha spp.), pickerelweed (Pontederia cordata), duck potato (Sagittaria latifolia), duckweed (Lemna spp.), water lettuce (Pistia stratiotes), green arum (Peltandra virginica), arrowhead (Sagittaria spp.), flatsedges (Cyperus spp.), various upland grasses, etc. Comments: Areas mapped OSW represent man-made irrigation ditches. Ditches differ from canals in that ditches are typically narrower and shallower, and convey water across relatively limited areas rather than from a larger region or watershed. Mapped areas typically do not include berms associated with some ditches nor do they include smaller irrigation ditches and swales that are present. Irrigation ditches on the property are actively managed as part of the farming operation. Management activities include things such as excavation to remove accumulated sediments and spraying herbicides to control plant growth that could restrict flows. The vegetation present along ditch side slopes and within inundated portions of the ditches is highly variable. Practically no vegetation is present in certain areas while vegetation can be relatively dense in other places. The mapped ditches are classified as other surface waters rather than as wetlands. 2.3 FLUCFCS CATEGORY MODIFIERS (FLUCFCS SUFFIXES) Exotic Plant Invasion (FLUCFCS Modifiers E1, E2, E3, & E4) An “E” modifier following a FLUCFCS category indicates the area has been invaded by a significant number of exotic (e.g., non-native) invasive plants. Four levels of exotic plant infestation are employed in mapping; E1, E2, E3, and E4. The levels are assigned based on the total percent cover accounted for by the exotic species. When dealing with exotic trees such as melaleuca and Australian pine, any tree having a diameter at breast height (DBH) of 1 inch or greater is counted in the percent cover estimate while trees smaller than this are excluded. This typically accounts for trees in the canopy and/or subcanopy strata but excludes most saplings in the ground cover stratum. When dealing with exotic “shrubs” such as Brazilian pepper and downy rose myrtle, any plant over about 4.5 feet in height is counted in the percent cover estimates while others are excluded. This typically accounts for shrubs in the subcanopy strata but excludes many young plants in the ground cover stratum. If the invaded plant community has no native canopy and subcanopy strata (less than 10% cover in either strata), then all exotic trees, shrubs, and groundcover species are counted in the percent cover estimates. 7 When an “E” modifier is attached to a particular FLUCFCS category, the reader should assume that the normal description of the vegetation association (FLUCFCS category) is changed in accordance with the general guidelines provided below for the four “E” levels. • E1 - 10 to 24 percent cover by exotic species. Exotics have little effect on the characteristics of the native plant community unless the area is naturally without canopy and subcanopy strata. • E2 - 25 to 49 percent cover by exotic species. In forested or shrub dominated systems, exotics may be co-dominant species in subcanopy or canopy. A slight to significant reduction in native ground cover can result from exotics along with a possible reduction in the number of native subcanopy species. In other systems, exotics are dominant species and number and diversity of native plants are reduced. • E3 - 50 to 75 percent cover by exotic species. In forested or shrub dominated systems, exotics are often dominant in the subcanopy and can be the dominant or co-dominant species in the canopy. The native ground cover is significantly reduced and exotics may be the dominant species. Species diversity and numbers are significantly reduced in the subcanopy and, to a lesser degree, in the canopy. Growth of native woody species is reduced. In other systems, exotics are the dominant species and the number and diversity of native plants are severely reduced. • E4 - >75 percent cover by exotic species. In forested or shrub dominated systems, exotics are typically dominant in the subcanopy and, in the case of exotic trees, are the dominant or co-dominant species in the canopy. Ground cover is highly restricted. The population of native species in the subcanopy is drastically reduced and diversity is lowered. The population of native species in the canopy is also severely restricted and diversity may be reduced. Exotics are often the dominant ground cover species. Species richness and diversity in the ground cover stratum are greatly diminished. In other systems, exotics are the dominant species and would typically be classified as a monoculture of the exotic species involved. • Exotic Monocultures - Once exotic species completely dominate the area, such an area is given a FLUCFCS designation appropriate to the dominant exotic rather than using the FLUCFCS code for the native vegetation association replaced by the exotic together with an “E” modifier. Examples of such exotic “monocultures” are FLUCFCS 422 (Brazilian pepper) and 424 (Melaleuca). Areas are mapped using an exotic monoculture FLUCFCS code where there is less than a 15 percent cover by native species in the canopy or upper-most stratum and where the percent cover by exotic species exceeds approximately 85 percent. One should note that the standard FLUCFCS system states that once a particular species accounts for 66 percent or more of the dominant stratum’s cover, the area should be classified in accordance with this dominant species. Thus, using the standard system, some areas mapped with an E3 modifier and most areas mapped with an E4 modifier would be classified according to the dominant exotic rather than the remnant native community. On the project lands E1, E2, E3 and E4 modifiers were typically used to map invasion primarily by Brazilian pepper, and to a lesser extent, paragrass, cogon grass, torpedo grass, West Indian marsh grass, and alligator weed (typically addressed with E suffixes when the groundcover is the dominant stratum). Hydric Areas (FLUCFCS Modifier “H”) In certain instances, the most appropriate major FLUCFCS code to assign to an area may be a code that generally implies the area is an upland or otherwise does not seem to indicate the area may be a wetland. There are cases where the particular area may indeed classify as a wetland, however. When this occurs and there is no proper existing wetland FLUCFCS code available, the best fitting FLUCFCS code is assigned but is also given a suffix of "H" indicating hydric conditions are present and the area likely classifies as a wetland. For example, there can be actively managed areas within larger fallow fields (FLUCFCS 216) that are depressions. Some of these depressions can have wetland characteristics and may have several 8 wetland plant species present. Such depressions would be mapped as FLUCFCS 216 H indicating these areas are part of a fallow field but have hydric characteristics. 3. LISTED SPECIES SURVEYS Wildlife and listed species surveys were conducted by THA on the project lands. As used herein, the term "listed animal species" refers to those animals listed as endangered or threatened by the US Fish and Wildlife Service (FWS) or the Florida Fish and Wildlife Conservation Commission (FWC) as well as those animal species listed as species of special concern by the FWC. The term "listed plant species" refers to those plants listed as endangered or threatened by the FWS. Several animal species listed by FWC are also classified (listed) by the South Florida Water Management District (SFWMD) as wetland dependent species. THA’s wildlife/listed species surveys were supplemented by research concerning listed species. The following subsections document these efforts and the results of these efforts. 3.1 DATABASE RESEARCH Prior to field investigations, aerial photos, soils maps, and prior mapping for the Estancia property were reviewed to identify the various vegetation associations potentially present on and adjacent to project lands. Various publications and databases were reviewed to determine listed plant and wildlife species which could occur and those that had been previously documented on or near the project lands as well as to gather information concerning listed species (see listed references in Section 4). Based on the habitat types identified, existing knowledge of the project area, contacts with other consultants, and review of publications and databases, a preliminary list of listed plant and animal species with the potential to occur within or near the project lands was determined. 3.2 FIELD BIOTIC SURVEY METHODOLOGY Intensive biotic and listed species surveys for the proposed project were conducted by THA in from October 2013 to June 2015. Table 4 provides the specific dates and times of these surveys, the total number of man-hours spent surveying on a given date, and the ecologists who conducted the surveys on a given date. In excess of 80 staff hours (man-hours) have thus far been spent conducting the surveys. Surveys were conducted such that observations included time periods ranging from sunrise to sunset. Barring seasonal considerations, the survey dates allowed for observations during likely times of probable occurrence for the majority of the listed animal species which could occur on or immediately adjacent to the project lands. The field surveys consisted of ecologists walking relatively straight and meandering transects through the various habitats found on the project lands. Space between transects usually varied, depending on type of habitat, visibility limits, and density of vegetation. Some observations were made from field vehicles driving slowly through open areas such as the interiors of active row crop fields. Observers were equipped with compass, aerials, wildlife and plant identification books and notes, binoculars, field notebooks, and hand- held GPS units. Along the transects, the biologists periodically stopped, looked for wildlife and signs of wildlife, looked for listed plant species in appropriate habitats, and listened for wildlife vocalizations. The approximate location of observed listed wildlife and plant species and their numbers were mapped on aerials and recorded in field notebooks on a daily basis as were signs of listed wildlife species that were noted. In the same fashion, observed non-listed wildlife species encountered or signs of such species were recorded daily. When performing pedestrian transects through appropriate habitats, particular consideration was given to looking for signs of gopher tortoises, burrowing owls, crested caracaras, and snail kites. Potentially suitable gopher tortoise habitats were surveyed for gopher tortoise tracks, scat, burrows, and individuals while potentially suitable burrowing owl habitats were examined for owl burrows and the owls themselves. These efforts included examining berms associated with the property's row crop fields (e.g. perimeter berms, larger berms along irrigation ditches, etc.) and fallow areas The field survey methodologies utilized on the project lands were generally consistent with those prescribed by the FWC (GFC, 1988). The following provides a discussion of how the methodologies employed deviated from the specific subcategories of wildlife survey methods recommended in the referenced FWC (formerly GFC) document. 9 "Wetland Surveys" Methods used were consistent except for: (1) most wetland areas received greater than five days of surveying; (2) Surveys addressed more species than those listed in the 1988 GFC publication. "Upland Surveys" Methods used were consistent except for: (1) the density of transects surveyed exceeded the recommended density; (2) Surveys addressed more species than those listed in the 1988 GFC publication. "Small Mammal Sampling" No small mammal trapping was performed. None of the species listed under this methodology could be reasonably expected to occur on the project lands due to inappropriate habitat and/or the range of the species not extending into the project area. "Herpetofaunal Surveys" Methods used were consistent except the funnel trapping recommended was not conducted. Only two of the species listed, indigo snake and gopher frog, could reasonably be expected to occur on the project lands. It is possible that indigo snakes exist but were not encountered during pedestrian transect surveys due to their elusive nature. Gopher frogs could theoretically exist in limited areas, however this is extremely unlikely. "Gopher Tortoise Burrow Surveys" Methods used were consistent except for: (1) surveys included covering habitat types not listed in the GFC publication; (2) survey transects occupied a higher density of transects than is recommended plus covered a higher percentage of potentially suitable habitats than is recommended; (3) survey transects included habitat types not normally considered appropriate for gopher tortoises. The surveys were performed by the following THA personnel: Tim Hall Education: B.S. in Forest Resources and Conservation, M.S. in Wildlife Ecology. Experience: 26 years as an environmental consultant with emphasis on listed species surveys and management plans, environmental impact analyses and assessments, wetland delineation, environmental permitting, and various other environmental topics. Jeff Rogers Education: B.S. in Environmental Science. Experience: 9 years of professional environmental consulting and ecological studies experience in Florida including performing wetland delineations, listed species/wildlife surveys, marine studies and surveys, habitat mapping, and environmental permitting. Lauren Gibson Education: B.S. in Biology, Minor in Computer Science. Experience: 4 years as a professional environmental consultant and ecologist with emphasis on ecological assessments, wildlife surveys, environmental permitting, habitat restoration plans, environmental assessments and impact statements. 3.3 RESULTS 3.3.1 Research Results The review conducted of the various existing databases concerning documented listed species (FWC, FWS, FNAI) did not reveal records of any listed plant or animal species documented on the project lands. THA's review of these existing databases included searching records for documented listed species occurring within approximately 5,000 feet of the subject property boundary. Figures 12 through 16 shows the locations of various listed species consultation areas occurring in the "query" area (i.e. the Estancia property itself plus lands within 5,000 feet of the property) as documented in the databases searched. Listed animal species previously documented outside the project lands but within 5,000 feet of the Estancia property included burrowing owl, little blue heron, tricolored heron, bald eagle, 10 snail kite, Florida black bear, and Florida panther. There were no records of any listed plant species occurring in the query area. 3.3.2 Listed Animal Species Observed Several different animal species, including some listed species, were observed during the course of THA's wildlife/listed species surveys. Table 3 provides a listing of all the wildlife (animal) species observed on the Estancia property during the course of THA’s surveys. Figure 10 illustrates the approximate locations where listed animal species were observed in these areas as well as the approximate locations where listed animal species were observed on lands adjacent to the Estancia property. The following subsections briefly address the listed animal species observed on-site (i.e. within the Estancia property boundary). American Alligator Several American alligators (Alligator mississippiensis) were observed on the Estancia property on multiple occasions. Alligators were primarily observed within the main agricultural irrigation ditches (OSW ) although one alligator was also observed within the outer fringe of wetland W -3. Most alligators observed were mid-sized adults but a few juveniles were also seen. It is likely that some alligators reside on-site throughout the majority of the year whereas others may typically reside in off-site wetlands, migrating to the Estancia ditches when water levels decline in the off-site wetlands. American Crocodile One American crocodile (Crocodylus acutus) was observed adjacent to the Estancia property within the MEBSS. It is also known that crocodiles are present around the Marco airport approximately 1 mile south west of the project site. It is possible that some crocodiles may venture onto the project site ditches when water levels decline in the off-site wetlands but more likely that they would travel to the MEBSS and stormwater managemet system of the adjacent development areas. Little Blue Heron Several little blue herons (Egretta caerulea) were observed on-site on various occasions. Most of these sightings involved solitary herons foraging in the agricultural irrigation ditches. No little blue heron nests were seen on-site or in adjacent off-site wetlands. The little blue heron is an opportunistic feeder and travels long distances to find optimal feeding conditions, going where conditions are favorable and food is potentially abundant. This is also the case with the other listed wading birds discussed below (i.e. snowy egret and tricolored heron). It is highly unlikely that these species ever nest within the on-site wetlands considering the proximity of the adjacent agricultural operations and the inappropriate habitat types present in some of the on-site wetlands. The observed listed wading birds certainly utilize the Estancia property for feeding purposes and possibly occasional roosting, but these species are not permanent residents. Snowy Egret A number of snowy egrets (Egretta thula) were observed on different occasions foraging within the main agricultural irrigation ditches on the Estancia property. No snowy egret nests or signs of nesting were observed on-site or in the adjacent areas. Tricolored Heron Several tricolored herons (Egretta tricolor) were observed on different occasions foraging within the main agricultural irrigation ditches on the Estancia property and two were seen foraging in on - site wetland W - 1. Tricolored herons were also seen once foraging along the bank of the adjacent MEBSS. No tricolored 11 heron nests or signs of nesting were observed on-site or in adjacent areas. Wood Stork Congregations of wood storks (Mycteria americana) were observed on two separate occasions during the survey time-frame. The wood storks were foraging within the larger agricultural irrigation ditches on the Estancia property. It is likely wood storks frequent the site on occasions to forage in the irrigation ditches when water levels within the ditches are low enough to make foraging possible. No wood stork nests or signs of nesting were observed in the project lands. The closest documented wood stork colony is located a little over 19 miles north of the Estancia site in Audubon’s Corkscrew Swamp Sanctuary. Florida Sandhill Crane There are two subspecies of sandhill cranes that can regularly be observed in Florida. These are the Florida sandhill crane (Grus canadensis pratensis) and the Eastern greater sandhill crane (Grus c. tabida), which arrives in Florida in October and begins spring migration in February. The two subspecies cannot be distinguished from each other in the field, however, sandhill cranes observed in Florida during May through September can be assumed to be the Florida sandhill crane. The Florida sandhill crane is listed as a state threatened species by the FWC. The greater sandhill crane is not listed. Given the time of year when THA performed biotic surveys for this project, it was assumed, but not confirmed, that all sandhill cranes observed during the surveys were the listed Florida sandhill crane. Florida sandhill cranes were observed on-site on 3 different days during the survey period. Those seen on the Estancia property included: pairs of cranes seen foraging in recently tilled row crop fields (FLUCFCS 214) in the central portion of the site. No Florida sandhill crane nests were found on the Estancia property or in the adjacent areas. Habitats present on-site, including the on-site wetlands, are primarily not suitable for nesting. Although this species will sometimes nest in dry pastures (present on-site as FLUCFCS 216), cranes prefer nesting in open areas of standing shallow water such as wet prairies and shallow herbaceous marshes. The hydric fallow field (FLUCFCS 216H) could be considered as suitable nesting habitat, however no signs of any current or past nests were seen in this wetland. It is deemed likely that Florida sandhill cranes visit open fields of the Estancia property for foraging purposes but do not nest on-site. Bald Eagle A bald eagle (Haliaeetus leucocephalus) was observed flying over the project site on three separate occasions during the survey time-frame. No evidence of any foraging or nesting was documented on the Estancia property. Nesting has been documented approximately ½ mile north of the project site and approximately ¾ of a mile west of the project site. It is likely that the eagle(s) observed were simply flying over the property on their way to somewhere else and were not actively foraging over the property. Some foraging has been documented in the MEBSS and stormwater ponds of the adjacent Fiddler’s Creek developments. Snail Kite Snail kites (Rostrhamus sociabilis plumbeus) were observed on several occasions during the survey time- frame hovering or actively searching along the farm field ditches. No evidence of roosting or nesting was observed on-site or immediately adjacent to the property. The snail kite(s) were foraging within the larger agricultural irrigation ditches on the Estancia property. It is likely kites occasionally visit the site to forage in the irrigation ditches when water levels within the ditches are low enough to make foraging possible. No kite nests or signs of nesting were observed in the project lands. The closest documented snail kite nesting is located about ½ to ¾ of a mile north and east of the Estancia site. 3.3.3 Listed Animal Species Which Have the Potential to Occur but Were Not Observed Although not observed on the project lands during the extensive listed species surveys, additional state and/or federally listed faunal species could potentially occur on the Estancia property or on lands adjacent to the property. Based on habitats present within these areas, land uses, species observed near the 12 project during biotic surveys, habitats present in the general area, review of various sources of information previously, and personal experience of project ecologists, assessments were made as to the probability of occurrence of other listed species on the project lands. Three species of mammals, 2 species of reptiles, 1 amphibian species, and 8 species of birds were considered to have some potential for occurring on the Estancia property. These species are listed in Table 4. This table provides the state and federal designation status of each species along with a generalized rating as to the probability for each species to occur on project lands. By "occur", it is meant that the species could either utilize project lands for hunting/foraging purposes, traverse/pass through project lands, directly reside on the project lands (unlikely), or use the lands for nests, burrows, or dens as applicable to the species. The following sub-sections address the identified species. Big Cypress Fox Squirrel The Big Cypress fox squirrel (Sciurus niger avicennia) (BCFS) is considered a threatened species by the FWC and is classified as a wetland dependent species by SFWMD. BCFS typically reside in pine flatwoods and mixed pine and cypress forests and prefer mature forests that are open and “park-like” (e.g., have a scattered subcanopy and a ground cover not dominated by woody species or vines). BCFS can also be found in melaleuca infested forests provided some desirable habitat remains in the general area and can also forage areas containing hardwoods such as oaks and cabbage palms. There are no remnant areas of pine flatwoods present on-site though there are pockets of this habitat south and east of the property. Considering this point that BCFS could theoretically occupy some habitats around of the project lands, there is a very limited possibility that BCFS may occasionally forage in semi- appropriate habitats present adjacent to the property. During the course of the listed species/wildlife surveys, no BCFS individuals, day beds, or chewed cones were observed on-site or on lands immediately adjacent to these areas. Given this and the absence of suitable habitats, the potential for BCFS residing on the project lands is judged to be very unlikely. Florida Black Bear The Florida black bear (Ursus americanus floridanus) is listed as threatened by the FWC and is classified as a wetland dependent species by SFWMD. Black bears are known to travel great distances to forage and mate. The range of habitat types used and traversed by the Florida black bear is very broad and could theoretically encompass portions of the project lands. A review of FWC data for black bear revealed several records within a mile of the project lands. One record documented a bear that was observed swimming in a golf course lake about ¾ of a mile east of the project site on 7/21/14. There were two records approximately ½ mile north of the project site of a bear or bears getting into garbage cans and entering a pool lanai off of Trinity Place. During the course of THA's biotic surveys, staff did not find any Florida black bears or positive signs of this species’ presence. It is extremely unlikely that any black bears would den on the project lands due to the agricultural operations. Suitability of the majority of the project lands for bear foraging is very low, thus it is anticipated that chances of bears using the project lands to any significant degree are limited. There is a fair chance that black bears may occasionally roam through portions of the project lands considering the absence of intensive development. Florida Panther The Florida panther (Puma concolor coryi) is listed as endangered by both the FWC and FWS. It is also considered a wetland dependent species by SFWMD. Panthers roam extremely large areas that cover various parts of south Florida, including extensive areas in Collier County. According to the FWC's database for radio-collared panthers (FWC, 2015a) and their panther mortality database (FWC, 2015b), one Florida panther was killed within 2 miles (west) of the Estancia property crossing US41. The available FWC telemetry and mortality data for panthers did not document any panthers occurring on the Estancia property. As can be seen in Figure 5, panthers were largely found in the remaining relatively "natural" upland and wetland habitats to the west, north, and northeast of the Estancia property. 13 The FWS established a Multi-species/Ecosystem Recovery Implementation Team (MERIT) to help implement FWS's Multi-species Recovery Plan. A Florida Panther Subteam of MERIT was also formed to develop a strategy for conservation of the Florida panther population. This subteam generated landscape-scale panther habitat conservation zones for south Florida (Kautz et al., 2006). The 3 habitat conservation zones are: (1) Primary Zone – Lands essential to the long-term viability and survival of the panther. The FWS indicates that panther habitat conservation efforts should focus on maintaining the total available area, quality, and spatial extent of habitat within the Primary Zone (USFWS, 2006a). (2) Secondary Zone – Natural and disturbed lands contiguous to the Primary Zone that few panthers use but may be important to transient sub-adult male panthers and, given sufficient habitat restoration, have potential to support an expanded panther population south of the Caloosahatchee River. The FWS notes that extensive habitat restoration would need to occur to allow the Secondary Zone lands to contribute meaningfully to panther recovery, and thus considers conservation of such lands to be a lower priority than conservation of the Primary and Dispersal Zones (USFWS, 2006a). (3) Dispersal Zone – An area intended to function as a landscape linkage maintaining connectivity to potentially suitable habitat north of the Caloosahatchee River and thus may facilitate future panther expansion north of the river. Although panthers move through the Secondary and Dispersal Zones, they are not permanently occupied (USFWS, 2006a). Figure 5 illustrates lands classified as panther habitat conservation zones according to the mapping produced by Kautz (Kautz et al., 2006). Secondary Zone panther habitat lands cover extensive areas north of the Estancia property though the property itself is not contained within any of the conservation zones. No evidence of panthers (scat, tracks, etc.) was observed nor were any panthers sighted on the Estancia property or on immediately adjacent lands during the course of THA's biotic surveys. The panther telemetry data collected thus far indicate that panthers tend to avoid the Estancia property as well as adjacent development areas. The majority of the habitat types present on the Estancia property are not particularly suitable for panthers. Despite these factors, there is a fair probability that panthers may have roamed across portions of the Estancia or adjacent areas in the past and could do so in the future. It is highly unlikely that panthers would utilize any of these areas for denning purposes given the inappropriate habitats currently present. Florida Bonneted Bat The Florida bonneted bat (Eumops floridanus) (FBB) is listed as endangered by FWS and FWC. Not a lot is known about this species. Most documented roosts are in manmade structures and they can apparently hunt in a wide variety of habitats. They can also be associated with cavities in living and dead trees. The project site is within the FBB consultation area and is also within one of the designated focal areas. The project will not be removing any cavity trees as almost the entire site has been historically cleared and under agricultural operations for the past few decades. Enhancement of the wetland preserve areas will involve removal of predominately midstory level exotic vegetation (Brazilian pepper) and will not impact any FBB roosting trees. The project is willing to install bat houses along the preserve and MEBSS boundaries to provide for bat roosting once the project is completed. The proposed project should have no direct, significant impact to Florida bonneted bats. Gopher Tortoise The gopher tortoise (Gopherus polyphemus) is listed as a Threatened Species by the FW C and as a candidate species by the FWS. No gopher tortoise burrows or gopher tortoises were observed on the Estancia property or on adjacent lands. Gopher tortoises prefer upland habitats, particularly xeric scrub communities and higher elevation pine flatwoods. They can also be found in disturbed upland areas including fallow and abandoned agricultural fields, perimeters of active crop fields, and pastures. It is deemed unlikely that this species resides on the 14 Estancia property. Indications are that, during the wet season, the area water table is relatively close to the surface. This condition does not favor the presence of gopher tortoises. There is a very limited probability that a few gopher tortoises could reside in the agricultural berms though none were observed. Since no signs of gopher tortoises were observed in these areas and given the poor quality of these habitats and the high ground water table, chances seem remote that any gopher tortoises are actually present but were not found during the biotic surveys performed on project lands. Gopher Frog Gopher frogs (Rana capito), listed as a Species of Special Concern (SSC) by the FWC, are potential commensals with gopher tortoises. No gopher tortoises or signs of such tortoises (scat, burrows) were found on the Estancia property or adjacent lands. As discussed above, the probability that any gopher tortoises inhabit project lands is minimal hence it is also unlikely that any gopher frogs reside on project lands. Although gopher frogs are highly dependent upon gopher tortoise burrows for shelter, they occasionally also find refuge in other burrows (crayfish, rodent) and features such as stump holes. Such features are present on the Estancia property, however the on-site wetlands are not suitable gopher frog habitats and nearby wetlands are a necessary component of the frog's life cycle. Eastern Indigo Snake The eastern indigo snake (Drymarchon corais couperi) is listed as threatened by FWS and FWC. Generally this species lives and hunts in a wide variety of habitats and its territory can cover large areas. They can be associated with gopher tortoise burrows (as a commensal) and favor pine flatwoods, palmetto prairies, and scrub habitats as well as wetland edges. They are relatively reclusive in nature and observations in the wild are rather rare. There would seem to be a low to moderate probability that one or more eastern indigo snakes may occasionally utilize any number of different habitats present in the project lands. It seems unlikely that such snakes actually reside on the Estancia property given the active agricultural operations and conditions present, with the possible exception of the on-site fallow fields (FLUCFCS 216). Indigo snakes could theoretically reside on the property, however chances seem remote. Burrowing Owl The burrowing owl (Athene cunicularia) is listed as a Species of Special Concern by the FWC. Burrowing owls could theoretically nest in the perimeter berms surrounding row crop fields (FLUCFCS 214), or in certain portions of cleared areas (FLUCFCS 241 or 190) present on the Estancia property. These areas were thoroughly inspected during the extensive field surveys. No signs of current or past nest burrow activity were observed and no burrowing owls were seen. Since the listed species surveys should have detected any owls or owl burrows, it appears quite unlikely that burrowing owls inhabit the Estancia property. Two occupied burrowing owl burrows have been observed on the adjacent Fiddler’s Creek Aviamar project site. These burrows were created after the development of the project was underway and are within the ongoing development footprint. Permits to displace those burrows have been submitted to FWC. It is possible that the owls could relocate onto the Estancia property after displacement so ongoing observations will be needed. Crested Caracara Both the FWC and the FWS classify the crested caracara (Caracara cheriway) as a threatened species. No crested caracaras were observed by THA ecologists during the course of the biotic survey. There are no habitats suitable for caracara nesting on the project lands and the project is outside of the FWS consultation area for this species. Considering no documented presence of these birds near the project, it is unlikely that the property supports any caracara nesting or foraging activities. Peregrine Falcon The peregrine falcon (Falco peregrinus), classified as an endangered species by FWC, winters in and migrates through Florida but is not a permanent resident. These birds are rarely encountered in Collier 15 County, but there is a slight possibility that peregrine falcons may occasionally utilize open areas within project lands for hunting their favored prey which is other avian species. It is highly doubtful that any peregrine falcons ever nest on project lands. Habitats are not suitable for nesting and the region is not known to be an area where peregrine falcons nest. Southeastern American Kestrel American kestrels are represented in south Florida by two subspecies. The year-round resident, the Southeastern American kestrel (Falco sparverius paulus), is listed by FWC as threatened, while the second subspecies, the Eastern American kestrel (F. sparverius sparverius) migrates to Florida in the winter months and is not listed by the FWC. Kestrels typically forage for insects and lizards in pastures, open fields, and park-like landscapes with a relatively open midstory and canopy and short herbaceous groundcover (Stys, 1993). They typically nest in dead trees in cavities created by other avian species. The nest trees are usually in close proximity to suitable foraging areas. Listed kestrels may infrequently spend time hunting the row crop fields, fallow fields, and pasture- like open lands located on the Estancia property. Although listed kestrels may forage in such areas on occasion, it is unlikely that any reside on the property. No listed kestrels were seen on the property nor were signs of possible kestrel nests observed. Bald Eagle The bald eagle (Haliaeetus leucocephalus) is no longer listed as threatened by either the FWC or FWS, although it is still protected under the Bald and Golden Protection Act. There are three documented bald eagle nesting sites within a mile of the project site. Nest #CO013, is ¼ mile south of the southern Estancia property boundary. Nest #CO037, is about ½ mile north of the northern Estancia property boundary. Nest #CO055, is approximately ¾ mile west of the south west corner of the Estancia property boundary. No eagles were observed on project lands though birds were seen flying in the immediate area. There is a limited chance that bald eagles may occasionally search for prey in the agricultural irrigation ditches present on the Estancia property or seek carrion in open areas of the site. Listed Wading Birds Various listed wading birds in addition to those observed on-site could theoretically visit the project lands. These include white ibis (Eudocimus albus), limpkin (Aramus guarauna), and roseate spoonbill (Ajaja ajaja). Such birds are opportunistic feeders and travel substantial distances to find potential foraging areas. All of these noted species are listed as Species of Special Concern by FWC. All of these noted species are classified as a wetland dependent species by SFWMD. The cited birds may sometimes forage in the Estancia property's agricultural irrigation ditches and some of the on-site wetlands when water levels are appropriate. It is doubtful that any significant foraging occurs in the wetlands due to the density of Brazilian pepper. Of all the listed wading birds addressed, it is most probably that white ibis utilize project lands for foraging on occasions. Ibis may forage both inundated areas as well as pasture settings and even row crop fields, particularly when these fields are tilled. Scatters of empty shells of aquatic snails characteristic of limpkin foraging were not seen on project lands, but there remains a limited possibility that limpkins may forage appropriate habitats on occasions. Although roseate spoonbills are more frequently found in coastal settings, there also is some chance that spoonbills may visit the site's irrigation ditches and shallow wetland areas as well as the freshwater marsh portions of off-site MEBSS when water levels are suitable. It is unlikely that any of the mentioned species nest on the Estancia property or on adjacent lands. No signs of listed wading bird nests, wading bird rookeries, or fairly permanent roosting sites were found on the project lands. 3.3.4 Listed Animal General Wildlife Observations During the biotic surveys conducted on the project lands, ecologists recorded sightings and signs of non-listed wildlife in addition to listed species. Table 3 contains all non-listed wildlife observed on the 16 project lands. Signs of larger mammals, such as bobcat, feral dog, and white-tailed deer, were observed in portions of the Estancia property. Other mammals actually observed on the Estancia and Oyster harbor properties were armadillo, opossum, raccoon, and marsh rabbit. A couple of gray squirrels were noted along the fringes of off-site lands. Observations of non-listed bird species were generally widely scattered and low in number and were particularly infrequent in the farm fields. Although several species of non-listed birds are indicated in Table 5, the actual number of individuals and number of species observed during any given period of wildlife observations was typically low. A few of the non-migratory bird species may reside on the project lands, however very few nests were observed. Observations of non-listed herps were largely restricted to the agricultural irrigation ditches. Frogs and turtles were seen at various locations in these ditches and a few were seen in wetlands W -1 and W -3. All of the fish species observed were seen in the Estancia property's larger irrigation ditches. 3.3.5 Listed Plant Species According to the FWS, no federally listed plant species have been documented in Collier County (USFWS, 2006b). No listed plant species were observed on the project lands during the course of the listed species/wildlife surveys conducted and a review of pertinent databases concerning listed plant species found no records of such plants occurring on project lands or within 5,000 feet of these lands. Considering these points, it seems highly improbable that any plant species currently listed by FWS may be present on project lands. 17 4. REFERENCES Chafin, L.G. 2000. Field guide to the rare plants of Florida. Florida Natural Areas Inventory, Tallahassee, Florida. Deyrup, Mark and R. Franz (ed.). 1994. Rare and endangered biota of Florida, Volume IV, invertebrates. University Press of Florida, Gainesville, Florida. Florida Department of Transportation (FDOT). 1999. Florida land use, cover, and forms classification system. FDOT, Tallahassee, FL. Florida Fish and Wildlife Conservation Commission (FWC). 2013. Florida’s endangered species, threatened species, and species of special concern - official lists. FWC, Tallahassee, Florida. Florida Fish and Wildlife Conservation Commission (FWC). 2014. Florida panther telemetry data, 2/23/1981 through 7/24/2014 – GIS database. FWC, Tallahassee, FL. FWC. 2015. Florida panther mortality data, 2/13/1972 through 12/31/2015 – GIS database. FWC, Tallahassee, FL. FWC. 2015. Florida black bear nuisance report data, 1980 through 2014 – GIS database. FWC, Tallahassee, FL. Florida Fish and Wildlife Conservation Commission (FWC). 2015. Florida's waterbird colony locator. FWC, Tallahassee, FL. Available online: http://atoll.floridamarine.org/WaterBirds/ (Accessed June, 2015) FWC. 2015. FWC eagle nest locator; data for 2000 through 20014. FWC, Tallahassee, FL. Available online: http://myfwc.com/eagle/eaglenests. (Accessed June, 2015) Florida Game and Fresh Water Fish Commission (GFC). 1988. Wildlife methodology guidelines for section 18.D of the Application for Development Approval. GFC, Tallahassee, FL. Florida Natural Areas Inventory (FNAI). 2014. Species and natural communities tracking list for Collier County, Florida. FNAI, Tallahassee, FL. Available online: http://www.fnai.org/trackinglist.cfm (accessed June, 2015) Gilbert, C.R. 1992. Rare and endangered biota of Florida, Volume II, fishes. University Press of Florida, Gainesville, Florida. Hipes, D., D.R. Jackson, K. NeSmith, D. Printiss, and K. Brandt. 2000. Field guide to the rare animals of Florida. Florida Natural Areas Inventory, Tallahassee, Florida. Humphrey, Stephen R. (ed.). 1992. Rare and endangered biota of Florida, Volume I, Mammals. University Press of Florida, Gainesville, Florida. Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Johnson, and K. Root. 2006. How much is enough? Landscape-scale conservation for the Florida panther. Biological Conservation 130, 118-133. Moler, Paul E. (ed.). 1992. Rare and endangered biota of Florida, Volume III, amphibians and reptiles. University Press of Florida, Gainesville, Florida. Morrison, Joan L. 2001. Recommended management practices and survey protocols for Audubon’s crested caracara (Caracara cheriway audubonii) in Florida. Technical Report No. 18. FWC, Bureau of Wildlife Diversity Conservation, Tallahassee, FL. Multi-Species/Ecosystem Recovery Implementation Team (MERIT) for South Florida, Florida Panther Subteam. 2002. Landscape conservation strategy for the Florida panther in south Florida. USFWS, Vero Beach, FL. 18 Rodgers, J.A, H.W. Kale, and H.T. Smith (ed.). 1996. Rare and endangered biota of Florida, Volume V, birds. University Press of Florida, Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. The Florida atlas of breeding sites for herons and their allies. Nongame wildlife program technical report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, FL. South Florida Water Management District. June, 2005. Basis of review for environmental resource permit applications within the South Florida Water Management District - Table 4.2.7-1: Listed wildlife species that are aquatic or wetland dependent and that use upland habitats for nesting or denning. SFWMD, West Palm Beach, Florida. Stys, Beth. 1993. Ecology and habitat protection needs of the Southeastern American kestrel on large- scale development sites in Florida. Nongame Wildlife Technical Report #13. FWC, Tallahassee, FL. US Fish and Wildlife Service. 1999. South Florida multi-species recovery plan. USFWS, Vero Beach, FL. US Fish and Wildlife Service. 2002. Habitat management guidelines for Audubon’s crested caracara in central and southern Florida. USFWS, Vero Beach, FL. US Fish and Wildlife Service. 2015. Federally listed and candidate species in Collier County, Florida, Vero Beach, FL. Available online: http://www.fws.gov/verobeach/ (Accessed June, 2015). Ward, Daniel B. (ed.). 1991. Rare and endangered biota of Florida, Volume V, plants. University Press of Florida, Gainesville, Florida. APPENDIX 1 TABLES Appendix 1: Tables Table 1. Existing FLUCFCS categories present on the Estancia property. FLUCFCS Code FLUCFCS Description Acres % of Total Property 190 Open Land 23.5 3.8 214 Row Crops 374.1 60.4 216 Fallow Ag Land 54.0 8.7 216H Hydric Fallow Ag Land 5.1 0.8 241 Tree Nursery 15.0 2.4 422/429 Brazilian Pepper / Wax Myrtle 2.1 0.3 619/433 Exotic Wetland Hardwoods / Hydric Hardwoods 16.1 2.6 619/618 Exotic Wetland Hardwoods / Willow 5.9 1.0 621/619 Cypress / Exotic Wetland Hardwoods 8.1 1.3 740 Disturbed Lands / Berms / Filled 79.9 12.9 OSW Agricultural Ditches 36.0 5.8 TOTAL ACRES 619.8 Table 2. Existing FLUCFCS categories present on the Oyster Harbor East property. FLUCFCS Code FLUCFCS Description Acres % of Total Property 112 Mobile Home Units 8.3 4.3 151 Vegetable Packing Plant 6.6 3.4 214 Row Crops 133.9 69.8 740 Disturbed Lands / Berms / Filled 31.3 16.3 814 Roads 3.7 1.9 OSW Agricultural Ditches 8.1 4.2 TOTAL ACRES 191.9 Appendix 1: Tables Table 3. Information for the dates listed species/general wildlife surveys were conducted for the proposed Estancia and Oyster Harbor projects. Survey Date Survey Staff Weather Conditions Survey Time Period Total Survey Man-Hours 10/18/2013 TH, LG Windy, Partly cloudy. Low 72° High 79° 0800 – 1000 4 10/23/2013 TH Partly cloudy to overcast. Low 71° High 82° 0700 – 1300 6 10/28/2013 LG Clear and breezy Low 77° High 87° 1000 – 1800 8 11/04/2013 TH, JR Partly cloudy and breezy Low 80° High 86° 1400 – 1800 8 11/09/2013 TH Clear and calm Low 63° High 77° 0700 – 1100 4 12/29/2014 TH, JR Clear to partly cloudy. Low 65° High 79° 0645 – 1800 22.5 01/05/2015 TH Partly cloudy to overcast. Low 70° High 81° 0630 – 1900 12.5 01/20/2015 TH Partly cloudy to overcast. Low 64° High 71° 0700 – 1500 8 01/26/2015 TH Partly cloudy to overcast some light rain. Low 65° High 71° 1430 – 1830 4 02/13/2015 TH Clear and breezy Low 57° High 66° 1300 – 1830 5.5 02/20/2015 TH Clear and Calm. Low 37° High 57° 0645 – 1400 7.25 02/23/2015 TH Clear and Sunny. Low 51° High 67° 0630 – 1130 5 03/09/2015 TH Partly cloudy to overcast. Low 75° High 82° 1330 – 1830 5 03/16/2015 TH Clear to Partly cloudy. Low 77° High 81° 1200 – 2000 8 05/08/2015 TH Clear and Breezy. Low 84° High 87° 1400 – 1930 5.5 05/26/2015 TH Partly cloudy to overcast. Gusty. Low 86° High 91° 1000 – 1700 7 06/04/2015 TH Clear to Partly cloudy. Low 71° High 90° 0630 – 1500 8.5 Total Survey Man-Hours 128.75 TH = Tim Hall JR = Jeff Rogers LG = Lauren Gibson Appendix 1: Tables Table 4. Wildlife species observed on the Estancia and Oyster Harbor properties and/or within the project's off-site mitigation areas. COMMON NAME SCIENTIFIC NAME STATUS FWC FWS SFWMD REPTILES & AMPHIBIANS Cottonmouth Agkistrodon piscivorus -- -- -- American alligator Alligator mississippiensis SSC T(S/A) WDS Green anole Anolis carolinensis -- -- -- Brown anole Anolis sagrei -- -- -- Oak toad Bufo quercicus -- -- -- Southern toad Bufo terrestris -- -- -- Southern black racer Coluber constrictor priapus -- -- -- American crocodile Crocodylus acutus T T WDS Florida chicken turtle Deirochelys reticularia chrysea -- -- -- Green treefrog Hyla cinerea -- -- -- Florida red-bellied turtle Pseudemys nelsoni -- -- -- Pig frog Rana grylio -- -- -- Leopard frog Rana sphenocephala -- -- -- Common musk turtle Sternotherus odoratus -- -- -- BIRDS Red-winged blackbird Agelaius phoeniceus -- -- -- Anhinga Anhinga anhinga -- -- -- Great blue heron Ardea herodias -- -- -- Cattle egret Bubulcus ibis -- -- -- Red-tailed hawk Buteo jamaicensis -- -- -- Red-shouldered hawk Buteo lineatus -- -- -- Green heron Butorides virescens -- -- -- Chuck-will’s-widow Caprimulgus carolinensis -- -- -- Northern cardinal Cardinalis cardinalis -- -- -- Turkey vulture Cathartes aura -- -- -- Common killdeer Charadrius vociferus -- -- -- Ground dove Columbina passerina -- -- -- Black vulture Coragyps atratus -- -- -- American crow Corvus brachyrhynchos -- -- -- Great egret Egretta alba -- -- -- Little blue heron Egretta caerulea SSC -- WDS Snowy egret Egretta thula SSC -- WDS Tricolored heron Egretta tricolor SSC -- WDS Swallow-tailed kite Elanoides forficatus -- -- -- White ibis Eudocimus albus SSC -- WDS Common yellowthroat Geothlypsis trichas -- -- -- Florida sandhill crane Grus canadensis pratensis T -- WDS Bald eagle Haliaeetus leucocephalus Red-bellied woodpecker Melanerpes carolinus -- -- -- Northern mockingbird Mimus polyglottos -- -- -- Wood stork Mycteria americana E E WDS Appendix 1: Tables COMMON NAME SCIENTIFIC NAME STATUS FWC FWS SFWMD House sparrow Passer domesticus -- -- -- Double-crested cormorant Phalacrocorax auritus -- -- -- Boat-tailed grackle Quiscalus major -- -- -- Carolina wren Thryothorus ludovicianus -- -- -- Mourning dove Zenaida macroura -- -- -- MAMMALS Feral dog (Coyote?)* Canis spp. -- -- -- Nine-banded armadillo* Dasypus novemcinctus -- -- -- Virginia opossum Didelphis virginiana -- -- -- Bobcat* Felis rufus -- -- -- White-tailed deer* Odocoileus virginianus -- -- -- Raccoon Procyon lotor -- -- -- Gray squirrel Sciurus carolinensis -- -- -- Marsh rabbit Sylvilagus palustris -- -- -- FISH Chain pickerel Esox niger -- -- -- Mosquitofish Gambusia spp. -- -- -- Topminnow Fundulus sp. -- -- -- Least killifish Heterandria Formosa -- -- -- Redear sunfish Lepomis microlophus -- -- -- FWC = Florida Fish and Wildlife Conservation Commission FWS = United States Fish and Wildlife Service SFWMD = South Florida Water Management District E = Endangered SSC = Species of Special Concern T = Threatened T (S/A) = Threatened (due to similarity of appearance to crocodile) WDS = Wetland dependent species -- = Not Listed * = Indicates species not directly observed but signs of the species (i.e. scat, tracks, etc.) were documented. Note: This table is based on species the results of listed species/wildlife surveys conducted by THA, Inc. Appendix 1: Tables Table 5. Animal species listed by FWS and FWC that were not observed on-site but could utilize or reside on the Estancia and Oyster Harbor properties, along with their relative probability of occurrence. COMMON NAME SCIENTIFIC NAME STATUS PROBABILITY OF OCCURRENCE FWS FWC REPTILES & AMPHIBIANS Eastern indigo snake Drymarchon corais couperi T T Moderate Gopher tortoise Gopherus polyphemus -- SSC Low / Very Low Gopher frog Rana capito -- SSC Very Low BIRDS Roseate spoonbill Ajaja ajaja -- SSC Low Limpkin Aramus guarauna -- SSC Moderate Burrowing owl Athene cunicularia -- SSC Low / Very Low Crested caracara Caracara cheriway T T Moderate / Low Peregrine falcon Falco peregrinus -- E Low Southeastern American kestrel Falco sparverius paulus -- T Moderate / Very Low MAMMALS Florida panther Puma concolor coryi E E Low Big Cypress fox squirrel Sciurus niger avicennia -- T Very Low Florida black bear Ursus americanus floridanus -- T Moderate FW C = Florida Fish and Wildlife Conservation Commission FW S = United States Fish and Wildlife Service E = Endangered SSC = Species of Special Concern T = Threatened -- = Not Listed Probability of Occurrence = Relative probability of indicated species inhabiting or utilizing the sites as based on the following scale: Very High, High, Moderate, Low, Very Low. A rating of "none" indicates it is highly unlikely that the species may inhabit or utilize the area (no probability). 500 South Bronough Street • Tallahassee, FL 32399-0250 • www.flheritage.com/preservation/sitefile 850.245.6440 ph | 850.245.6439 fax | SiteFile@dos.state.fl.us This record search is for informational purposes only and does NOT constitute a project review. This search only identifies resources recorded at the Florida Master Site File and does NOT provide project approval from the Division of Historical Resources. Contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333 for project review information. July 24, 2015 Tim Hall Turrell, Hall & Associates, Inc. Marine and Environmental Consulting 3584 Exchange Ave. Naples, FL 34104-3732 Phone: 239.643.0166 Email: Tim@Turrell-associates.com In response to your inquiry of July 24, 2015, the Florida Master Site File lists no archaeological sites, two surveys, three resource groups, and no standing structures, found in the following parcels of Collier County: The portions of T51S R26E Sections 12, 13, 24, & 25, and T51S R27E Sections 07, 08, 17-20, 29, & 30, indicated by the map submitted with search request (including a project area, and a ½ mile buffer). When interpreting the results of our search, please consider the following information:  This search area may contain unrecorded archaeological sites, historical structures or other resources even if previously surveyed for cultural resources.  Because vandalism and looting are common at Florida sites, we ask that you limit the distribution of location information on archaeological sites.  While many of our records document historically significant resources, the documentation of a resource at the Florida Master Site File does not necessarily mean the resource is historically significant.  Federal, state and local laws require formal environmental review for most projects. This search DOES NOT constitute such a review. If your project falls under these laws, you should contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333. Please do not hesitate to contact us if you have any questions regarding the results of this search. Sincerely, Gabrielle McDonnell Archaeological Data Analyst Florida Master Site File Gabrielle.McDonnell@DOS.myflorida.com MS#1108 MS#14901 CR927 CR1088 CR928 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX,Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme,MapmyIndia, © OpenStreetMap contributors FIDDLER’S CREEK ESTANCIA and OYSTER HARBOR EAST: Listed Species Protection Plan Prepared for: FCC Creek and FC Oyster Harbor 3470 Club Center Blvd Naples, FL 34114 Prepared by: Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 Updated September 2015 Estancia and Oyster Harbor East – Listed Species Protection Plan Page | 1 GENERAL Listed species protection associated with this project will be undertaken under two circumstances, construction activities and post construction residential activities. Educational pamphlets will be prepared and distributed to residents and employees of the development. A supply of these will also be maintained at the construction office for distribution to appropriate construction personnel and contractors during the initial clearing and construction associated with the development. These pamphlets will contain: illustrations of the species discussed in the following subsections; general descriptions of these species; potential habitats in which each species may occur; as applicable, descriptions and/or illustrations of species nests/burrows/dens; general protocols and procedures to follow if a particular species or species nest/burrow/den is encountered, and; contact information for parties to be notified if a particular species or species nest/burrow/den is encountered. These pamphlets will emphasize that harming or harassing listed species as well as disturbing or damaging a listed species nest/burrow/den is strictly prohibited. ALLIGATORS and CROCODILES Several American alligators (Alligator mississippiensis) and American crocodiles (Crocodylus acutus) have been documented throughout the properties as well as on adjacent developed properties utilizing the larger agricultural ditches and some of the stormwater management features. These animals likely include individuals that frequent the property on an occasional basis and individuals that reside in appropriate habitats on a relatively permanent basis. To protect alligators and crocodiles during project construction, modifications to the existing on-site drainage ditches and wetlands will be conducted mindful of the potential presence of alligators. Egress points, for alligators and crocodiles to move out of the area being filled or excavated, will be made available. Construction employees, contractors, and other field personnel will be notified that alligators and crocodiles may be present and that construction activities must be conducted to minimize the potential for them to be harmed. Should an alligator or crocodile occupying an on-site ditch or wetland that is being cleared, filled, or excavated not initially leave the area on its own accord through the established egress point(s), all activities that might harm the animal will be ceased temporarily and will not be resumed until the animal has departed the area. If it appears the animal may not leave the area, a designated employee will contact the Florida Fish and Wildlife Conservation Commission's (FWC) Nuisance Alligator Hotline (1- 866-392-4286) for further direction. For alligators, it may be necessary for a duly licensed nuisance alligator trapper to capture the alligator and relocate it. Captured alligators may be relocated to other areas in the general project vicinity that are under the control of the current property owner. Potential relocation areas include existing agricultural ditches far from the habitat areas slated for impacts or other suitable off-site wetlands. For crocodiles, additional coordination with FWC and FWS officers will be undertaken if it becomes necessary to relocate a crocodile from the work area. No more that 3 weeks prior to conducting activities that will impact on-site ditches or wetlands, the areas to be impacted will be inspected by a qualified environmental professional. If an active alligator Estancia and Oyster Harbor East – Listed Species Protection Plan Page | 2 nest site is found during this inspection, the FWC will be contacted by the contractor for further guidance. No work that could harm the nest site will be conducted without authorization from FWC. The FWC may direct that the alligator eggs be removed and relocated by a licensed nuisance alligator trapper prior to resuming work that will impact the nest site. No disturbance of any alligator nests shall be allowed without first obtaining an appropriate permit from FWC. Typically alligators lay their eggs in late June or early July with the eggs hatching in late August or September, however this nesting period may vary. Should an aggressive alligator be encountered, workers should contact the FWC by phoning the Nuisance Alligator Hotline (1-866-FWC-GATOR is current number; may change over time). Construction workers are prohibited from taking any actions against alligators. Residents moving into the development will be informed that alligators and crocodiles may be present in the stormwater management system lakes throughout the development. Pamphlets outlining safety precautions relative to living with alligators will be provided. These safety precautions will include prohibitions against feeding, pet care and control, and other safety measures. LISTED WADING BIRDS Little blue herons (Egretta caerulea), snowy egrets (Egretta thula), white ibis (Eudocimus albus), tricolored herons (Egretta tricolor), and wood storks (Mycteria americana) have been documented foraging in various agricultural ditches and certain wetlands on both properties. Other listed wading birds may also occasionally visit the on-site ditches, some of the on-site wetlands, and appropriate wetland habitats in nearby off-site areas. These species could theoretically include roseate spoonbill (Ajaja ajaja) and limpkin (Aramus guarauna). No listed wading bird nests or rookeries have been found on the property or in the nearby areas. Although it is unlikely that any of the cited listed wading birds will establish nests within the on-site wetlands or in the wetlands present in the adjacent areas, this possibility cannot be completely ignored. No more than 3 weeks prior to conducting any activities that will impact a particular on-site wetland during the nesting season (i.e. clearing, excavation, filling), a qualified environmental professional will inspect the wetland for the presence of listed wading bird nests. Similarly, no more than 3 weeks prior to conducting any mitigation activities that will significantly disturb an existing wetland areas during the nesting season (i.e. grading activities, initial clearing/removal of larger Brazilian pepper shrubs and trees), a qualified environmental professional will also inspect the wetland for the presence of listed wading bird nests. If active nests are found, a buffer zone extending approximately 300 feet beyond the nests in all directions will be established. No activities that might disturb the nests or nesting activities will be conducted in the established buffer zone until after the eggs have hatched and the surviving young birds have fledged and left the nests. Field personnel will be notified of the presence of the nest site(s) and buffer zones, which will be clearly marked, and advised to that any activities near the buffer zones should be conducted to minimize the potential for disruption of nesting. Estancia and Oyster Harbor East – Listed Species Protection Plan Page | 3 FLORIDA SANDHILL CRANES A couple Florida sandhill cranes (Grus canadensis pratensis) have been documented foraging in fields located on the Estancia property. No crane nests have been found on-site or in the nearby areas. It is doubtful that sandhill cranes will elect to establish nests on the property at some point in the future but the possibility, although remote, cannot be overlooked. There are no suitable nesting habitats currently present. No more than 3 weeks prior to conducting construction activities that will impact potentially "suitable" Florida sandhill crane nesting habitats on the property (i.e. clearing, grading, excavation, filling), the areas will be inspected by a qualified environmental profession to determine if any active crane nests are present. Similarly, no more than 3 weeks prior to conducting initial enhancement activities in the Preserve area that could disturb potential crane nests (i.e. grading activities, removal of larger Brazilian pepper shrubs), the wetland areas within the enhancement areas will be inspected. If an active Florida sandhill crane nest is found, a buffer zone extending approximately 750 feet beyond the nest in all directions will be established. No activities that might disturb the nests or nesting activities will be conducted in the established buffer zone until after the eggs are hatched and the surviving young birds have left the nest. Field personnel will be notified of the presence of the nest site(s) and buffer zones, which will be clearly marked, and advised that any activities near the buffer zones should be conducted to minimize the potential for disruption of nesting. CRESTED CARACARAS No crested caracaras (Caracara cheriway) have been observed on either of the properties, and very limited nesting habitat is present. However it is possible that potential nesting areas are nearby. There is a remote possibility that caracaras could establish an on-site nest prior to commencement of project construction, hence pre-clearing surveys will be performed. An on-site survey for caracaras and their nests will be performed during the first breeding season preceding commencement of clearing/construction activities proposed and in nearby off-site areas. Observations will be made along pedestrian transects and stationary points during the mornings and evenings (crepuscular). The survey will be conducted 6 times (on 6 different days) during the period from January through March with 4 to 7 days between each survey event. If a caracara nest is found, the nest location will be marked and the FWS will be contacted for further guidance. No clearing/construction activities will commence within the primary management zone (300 meter radius surrounding nest) or the secondary management zone (1,000 meter radius surrounding nest) associated with the nest until appropriate authorization is obtained from FWS. Under this scenario, a Special Purpose Permit may also need to be acquired from FWC should FWS recommend removal (incidental take) of the nest tree during the non-nesting season. Estancia and Oyster Harbor East – Listed Species Protection Plan Page | 4 FLORIDA PANTHERS Florida panthers (Puma concolor coryi) have been documented on and adjacent to the project lands primarily within the more natural habitats present in the wetland islands within the farm fields as well as in the wetlands south of the project site. Certain measures will be taken to help minimize potential impacts of the Estancia and Oyster Harbor East projects to panthers. These measures will include: • Prior to the start of clearing activities, the Florida Fish and Wildlife Conservation Commission will be contacted to insure that no known collared or un-collared panthers are present within or immediately adjacent to the clearing limits. • Construction traffic on the job site will be limited to 30 mph. • The site development includes a perimeter stormwater management feature that will act as a buffer between the development and the forested areas to the east and south of the project site. • Residents will be provided with educational signage and other information related to living with panthers in an effort to minimize the potential for adverse resident / panther interactions. EASTERN INDIGO SNAKES Eastern indigo snakes (Drymarchon corais couperi) have not been documented on the property but could theoretically be present. Because the eastern indigo snake is protected under the Endangered Species Act of 1973, there are civil and criminal penalties for injuring, harming, harassing or killing this species. The permittee and/or the permittee’s contractors may be held responsible for any eastern indigo snakes harmed, harassed, or killed as a result of the construction activities. To help avoid harm to these snakes and to help maintain any existing populations, the permittee will engage in a protection program during initial stages of construction (i.e. clearing, excavation, filling) on- site as well as during initial enhancement activities in the conservation areas (i.e. initial clearing and grading activities, initial mechanized eradication of exotic plants). Educational pamphlets will be prepared and distributed to all mitigation and construction crews prior to commencement of construction and mitigation activities. These pamphlets will generally describe laws pertaining to the eastern indigo snake, characteristics of the snake (description, habitats, etc.), protocols and procedures to follow if an eastern indigo snake is encountered, and telephone numbers of pertinent agencies to be contacted if an indigo snake is found dead. If an eastern indigo snake is sighted during clearing/construction operations, the following measures will be taken: (1) Immediately cease construction/clearing activities in the area of the sighting; (2) Notify the construction or mitigation supervisor, as applicable, and the designated biologist of the sighting; (3) Allow the snake to move out of the construction/clearing area on its own before resuming construction activities in the area of sighting, or; (4) If the snake remains within or immediately adjacent to the construction/clearing area, the designated biologist will capture the snake, at which time construction/clearing operations can resume, and will relocate it to a suitable area off-site that is within the immediate project vicinity. Only the designated biologist shall come in contact with or relocate an eastern indigo snake. Any snake captured will be immediately released into appropriate habitat. Indigo Estancia and Oyster Harbor East – Listed Species Protection Plan Page | 5 snakes are to be held in captivity only long enough to transport them to the release site. At no time will two or more snakes be kept in the same container during transport. The designated biologist, or another qualified biologist acting under the direction and supervision of the designated biologist, will be present during the first week of major construction clearing/grading activities that occur in potentially suitable indigo snake habitats. Thereafter, said biologist will conduct spot checks of these areas during initial clearing/construction operations as deemed necessary by the biologist. The biologist will also be present during the first week of the initial clearing and grubbing activities in the project’s conservation areas. Following this, the biologist will conduct spot checks of affected portions of the conservation areas during initial clearing, grubbing, and grading activities and during initial mechanized exotic eradication activities as deemed necessary by the biologist. The purpose of these inspections will be to monitor construction/clearing areas for the presence of eastern indigo snakes and to help ensure that appropriate measures are being taken to protect this species. BURROWING OWLS No burrowing owls (Athene cunicularia) have been found on the property though owls have been documented less than ½ mile to the west of the project site within the Fiddler’s Creek Aviamar development site. It is unlikely that any burrowing owls currently reside on the Estancia or Oyster Harbor East properties given the active agricultural operations, however it is possible that they could move onto the project site once these activities cease and portions of the site go fallow. Prior to any clearing or construction activities, another survey will be completed to examine the project areas for burrows. This will include qualified biologists examining the site in walking transects to scout any active burrows. Should any owl burrows be located, a permit from FWC will be obtained to relocate the owl if it is within a project development area. This burrow take procedure will follow all FWC regulations. <> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE: N26° 1' 13.597"<> LONGITUDE: W81° 38' 54.314"<> US 41NAPLES, FL 34114REV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg LOCATION MAP 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ07-27-151305.2RMJLOCATION MAP----09-18-15----TH----REVISED FLUCCS----01 OF 16      8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWSUBJECTPROPERTYKEY WESTTAMPAFT.MYERSMIAMINAPLES US 41DUDA RDNESW0 700 1400 2800SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg 1980 HISTORICAL AERIAL 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ07-27-151305.2-1980 HISTORICAL AERIAL-------------------02 OF 16ESTANCIAAERIAL DATE: 1980OYSTERHARBOR US 41DUDA RDNESW0 700 1400 2800SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg EXISTING AERIAL 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ07-27-151305.2-EXISTING AERIAL-------------------03 OF 16ESTANCIAAERIAL DATE: 2015OYSTERHARBOR US 41DUDA RD214214214214214214214214214214214214214214214214214214214214214214214740740740740214740740740740740740740740740241740740214214190740OSWOSWOSWOSWOSWOSWOSWOSWOSWOSWOSW422/429740216OSW216H216H216H740740216H216216H619/433H621/619619/618619/433H524524ESTANCIANESW0 600 1200 2400SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg FLUCCS MAP 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ07-27-151305.2RMJFLUCCS MAP (ESTANCIA)----09-18-15----TH----REVISED FLUCCS----04 OF 16FLUCCS ESTANCIAACRES190 OPEN LAND 21.6214 ROW CROPS374.1216FALLOW AG LAND6.9216HFALLOW AG LAND-HYDRIC 44.6241TREE NURSERIES15.0422/429BRAZILIAN PEPPER/WAXMYRTLE-WILLOW2.1524 LAKES LESS THAN 10 AC. 1.9619/433HEXOTIC WETLANDHARDWOODS/HYDRIC WESTERNEVERGLADES HARDWOODS16.1619/618EXOTIC WETLANDHARDWOODS/WILLOW5.9621/619CYPRESS/EXOTIC WETLANDHARDWOOD8.1740DISTURBED/FILLED/BERM LAND87.5OSW AGRICULTURAL DITCHES36.0TOTAL619.8W1W2W3W4W5W6OYSTER HARBOR OSW = 36 AC.FLUCCS LINESSFWMD ONLY JURISDICTIONALWETLANDS = 30.1 AC.SFWMD / USACE WETLANDS =44.6 AC. 214214214214214214214112740740740740740214740151814214214214814 OSW = 8.1 AC.FLUCCS LINESNESW0400800 1600SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg FLUCCS MAP (OH) 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ05-18-151305.2RMJFLUCCS MAP (OYSTER HARBOR)----10-07-15----TH----FLUCCS TABLE----05 OF 16SUBJECTSITEESTANCIAUS 41DUDA RDFLUCCS OYSTER HARBORACRES112 MOBILE HOME UNITS8.3151PACKING PLANT6.6214 ROW CROPS133.9740DISTURBED/FILLED/BERM LAND31.3814ROAD3.7OSW AGRICULTURAL DITCHES8.1TOTAL 191.9 US 41DUDA RDNESW0 600 1200 2400SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg PROPOSED AERIAL 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ07-27-151305.2-PROPOSED SITE PLAN-------------------06 OF 16SUBJECTSITE US 41DUDA RDNESW0 600 1200 2400SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg PRESERVES MAP OVERALL 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ09-22-151305.2-PRESERVES MAP OVERALL-------------------07 OF 16SUBJECTSITEW1W2W3W4WETLAND HABITAT ENHANCEMENTPRESERVE (ACRES):PRESERVE W-1FLUCCS DESCRIPTIONACRES619/433HEXOTIC WETLANDHARDWOODS/HYDRIC WESTERNEVERGLADES HARDWOODS11.01740 DISTURBED/FILLED/BERM LAND 3.27OSW AGRICULTURAL DITCHES0.45TOTAL14.73PRESERVE W-2FLUCCS DESCRIPTIONACRES619 / 618EXOTIC WETLANDHARDWOOD/WILLOW5.91621 / 619CYPRESS/EXOTIC WETLANDHARDWOOD8.11740DISTURBED/FILLED/BERM LAND 2.17OSW AGRICULTURAL DITCHES 0.29TOTAL 16.48PRESERVE W-3FLUCCS DESCRIPTIONACRES619/433HEXOTIC WETLANDHARDWOODS/HYDRIC WESTERNEVERGLADES HARDWOODS5.11740 DISTURBED/FILLED/BERM LAND 0.95OSW AGRICULTURAL DITCHES0.14TOTAL 6.20PRESERVE W-4FLUCCS DESCRIPTIONACRES216H FALLOW AG LAND-HYDRIC5.06740 DISTURBED/FILLED/BERM LAND1.59OSW AGRICULTURAL DITCHES0.55TOTAL7.20 US 41DUDA RDNESW0 600 1200 2400SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg PRESERVES MAP W-1 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ09-22-151305.2-PRESERVES MAP W-1-------------------08 OF 16SUBJECTSITEWETLAND DETAIL619 / 433H740W1W2W3W4PRESERVE W-1FLUCCS DESCRIPTIONACRES619/433HEXOTIC WETLANDHARDWOODS/HYDRIC WESTERNEVERGLADES HARDWOODS11.01740 DISTURBED/FILLED/BERM LAND 3.27OSW AGRICULTURAL DITCHES 0.45TOTAL 14.73OSW1" = 500'OSWWETLAND HABITAT ENHANCEMENTPRESERVE (ACRES): US 41DUDA RDNESW0 600 1200 2400SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg PRESERVES MAP W-2 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ09-22-151305.2-PRESERVES MAP W-2-------------------09 OF 16SUBJECTSITEWETLAND DETAIL621 / 619740W1W2W3W4OSWOSWPRESERVE W-2FLUCCS DESCRIPTIONACRES619 / 618EXOTIC WETLANDHARDWOOD/WILLOW5.91621 / 619CYPRESS/EXOTIC WETLANDHARDWOOD8.11740 DISTURBED/FILLED/BERM LAND 2.17OSW AGRICULTURAL DITCHES 0.29TOTAL 16.48619 / 6181" = 500'WETLAND HABITAT ENHANCEMENTPRESERVE (ACRES): US 41DUDA RDNESW0 600 1200 2400SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg PRESERVES MAP W-3 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ05-18-151305.2-PRESERVES MAP W-3-------------------10 OF 16SUBJECTSITEWETLAND DETAIL619 / 433H740W1W2W3W4OSWPRESERVE W-3FLUCCS DESCRIPTIONACRES619/433HEXOTIC WETLANDHARDWOODS/HYDRIC WESTERNEVERGLADES HARDWOODS5.11740 DISTURBED/FILLED/BERM LAND 0.95OSW AGRICULTURAL DITCHES0.14TOTAL6.201" = 300'WETLAND HABITAT ENHANCEMENTPRESERVE (ACRES): US 41DUDA RDNESW0 600 1200 2400SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg PRESERVES MAP W-4 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ09-22-151305.2----PRESERVES MAP W-4----------------------------11 OF 16SUBJECTSITEWETLAND DETAIL1" = 300'216H740W1W2W3W4OSWPRESERVE W-4FLUCCS DESCRIPTIONACRES216H FALLOW AG LAND-HYDRIC5.06740 DISTURBED/FILLED/BERM LAND1.59OSW AGRICULTURAL DITCHES0.55TOTAL7.20WETLAND HABITAT ENHANCEMENTPRESERVE (ACRES): US 41DUDA RDNESW0 600 1200 2400SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg IMPACTS MAP 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ07-27-151305.2RMJIMPACTS MAP----09-18-15----TH----REVISED FLUCCS----12 OF 16SUBJECTSITEIMPACT DETAIL1" = 300'ONSITE WETLAND IMPACTS (SQ FT)SHORELINE IMPACTS (SQ FT)OFFSITE WETLAND IMPACTS (SQ FT) US 41DUDA RDNESW0 600 1200 2400SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg FILL_DREDGE 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ10-08-151305.2-FILL & DREDGE MAP-------------------13 OF 16ESTANCIAW1W2W3W4W5W6WETLAND IMPACT DREDGE = 14.0 AC. (180,633 CY)WETLAND IMPACT FILL = 25.5 AC. (123,221 CY)OYSTERHARBORESTANCIA US 41DUDA RD1027272272572251027171620252072727257221010NESW0 700 1400 2800SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg SOILS MAP 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ07-27-151305.2-SOILS MAP-------------------14 OF 16SUBJECTSITECODEDESCRIPTIONHYDRIC2HOLOPAW FINE SAND, LIMESTONESUBSTRATUMYES7 IMMOKALEE FINE SAND10OLDSMAR FINE SAND, LIMESTONESUBSTRATUM16 OLDSMAR FINE SAND17 BASINGER FINE SAND YES20FT. DRUM AND MALABAR, HIGH, FINESANDS25BOCA, RIVIERA, LIMESTONESUBSTRATUM, AND COPELAND FINESANDS, DEPRESSIONALYES27 HOLOPAW FINE SAND YES NESW0 1500 3000 6000SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg DRI BNDRY 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ08-06-151305.2-DRI BOUNDARY-------------------15 OF 16ESTANCIAAERIAL DATE: 2015DRIBOUNDARYDRIBOUNDARYUS 41DUDA RDCOLLIER BLVD (SR 951)OYSTERHARBOR US 41DUDA RDNESW0 700 1400 2800SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:p:\1305.2-fc-estancia\CAD\SHEET\PERMIT-FEDERAL\1305.2-ACOE.dwg SPECIES MAP 10/8/2015 THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:THRMJ09-22-151305.2-LISTED SPECIES MAP-------------------16 OF 16SUBJECTSITESPECIES LEGENDSYMBOL ID DESCRIPTIONQUANTITYAAAMERICAN ALLIGATOR5CC CROCODILE1SC SANDHILL CRANE4LBLITTLE BLUE HERON3WS WOOD STORK 1WI WHITE IBIS 1TH TRI-COLORED HERON 9SE SNOWY EGRET 8SK SNAIL KITE 3*XAAAAAAAAAACCSCSCSCSCLBLBLB*WSXWITHTHTHTHTHTHTHTHTHSESESESESESESESESKSKSK 193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193193158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158158146158158146158158158158158158158146158146158158158146158158147146147147147147147147TAMIAMI TRL ETurrell, Hall & Associates, Inc.Marine & Environmental Consulting3484 Exchange Ave. Suite B. Naples, FL 34104-3732Email: tuna@turrell-associates.com Phone: (239) 643-0166 Fax: (239) 643-6632FIDDLERS CREEK - ESTANCIA & OYTSER HARBORPANTHER PRIORITY ZONE & TELEMETRY MAP¯2,000 0 2,0001,000FtLEGENDFIDDLERS CREEKPANTHER TELEMETRY - DATA COLLECTED FEB 1981 - JUNE 2015PANTHER PRIORITY ZONESECONDARYDRAWN BY:CREATED:JOB NO.:REVISION:SHEET:SECTION- TOWNSHIP- RANGE-18&1950S27ERMJ09-18-151305.2N/AN/AN/AP:\1305.2-FC-Estancia\GIS\1305-PANTHER_telemetry.mxdFILE PATH:SCALE:1 "=2,000 '1SUBJECT PROPERTYOYSTERHARBORESTANCIAFIGURE 13 TAMIAMI TRL ETurrell, Hall & Associates, Inc.Marine & Environmental Consulting3484 Exchange Ave. Suite B. Naples, FL 34104-3732Email: tuna@turrell-associates.com Phone: (239) 643-0166 Fax: (239) 643-6632FIDDLERS CREEK - ESTANCIA & OYTSER HARBORPANTHER PRIORITY ZONE & TELEMETRY MAPLEGENDCATNUMBERCAT NUMBER 146FIDDLERS CREEKPANTHER PRIORITY ZONESECONDARYDRAWN BY:CREATED:JOB NO.:REVISION:SHEET:SECTION- TOWNSHIP- RANGE-18&1950S27ERMJ09-30-151305.2N/AN/AN/AP:\1305.2-FC-Estancia\GIS\1305-PANTHER_146.mxdFILE PATH:SCALE:1 "=2,000 '1SUBJECT PROPERTYOYSTERHARBORESTANCIA¯2,000 0 2,0001,000FtFIGURE 13A TAMIAMI TRL ETurrell, Hall & Associates, Inc.Marine & Environmental Consulting3484 Exchange Ave. Suite B. Naples, FL 34104-3732Email: tuna@turrell-associates.com Phone: (239) 643-0166 Fax: (239) 643-6632FIDDLERS CREEK - ESTANCIA & OYTSER HARBORPANTHER PRIORITY ZONE & TELEMETRY MAP¯2,000 0 2,0001,000FtLEGENDCAT NUMBER 147FIDDLERS CREEKPANTHER PRIORITY ZONESECONDARYDRAWN BY:CREATED:JOB NO.:REVISION:SHEET:SECTION- TOWNSHIP- RANGE-18&1950S27ERMJ09-30-151305.2N/AN/AN/AP:\1305.2-FC-Estancia\GIS\1305-PANTHER_147.mxdFILE PATH:SCALE:1 "=2,000 '2SUBJECT PROPERTYOYSTERHARBORESTANCIAFIGURE 13B TAMIAMI TRL ETurrell, Hall & Associates, Inc.Marine & Environmental Consulting3484 Exchange Ave. Suite B. Naples, FL 34104-3732Email: tuna@turrell-associates.com Phone: (239) 643-0166 Fax: (239) 643-6632FIDDLERS CREEK - ESTANCIA & OYTSER HARBORPANTHER PRIORITY ZONE & TELEMETRY MAP¯2,000 0 2,0001,000FtLEGENDCAT NUMBER 158FIDDLERS CREEKPANTHER PRIORITY ZONESECONDARYDRAWN BY:CREATED:JOB NO.:REVISION:SHEET:SECTION- TOWNSHIP- RANGE-18&1950S27ERMJ09-30-151305.2N/AN/AN/AP:\1305.2-FC-Estancia\GIS\1305-PANTHER_158.mxdFILE PATH:SCALE:1 "=2,000 '3SUBJECT PROPERTYOYSTERHARBORESTANCIAFIGURE 13C TAMIAMI TRL ETurrell, Hall & Associates, Inc.Marine & Environmental Consulting3484 Exchange Ave. Suite B. Naples, FL 34104-3732Email: tuna@turrell-associates.com Phone: (239) 643-0166 Fax: (239) 643-6632FIDDLERS CREEK - ESTANCIA & OYTSER HARBORPANTHER PRIORITY ZONE & TELEMETRY MAP¯2,000 0 2,0001,000FtLEGENDCAT NUMBER 193FIDDLERS CREEKPANTHER PRIORITY ZONESECONDARYDRAWN BY:CREATED:JOB NO.:REVISION:SHEET:SECTION- TOWNSHIP- RANGE-18&1950S27ERMJ09-30-151305.2N/AN/AN/AP:\1305.2-FC-Estancia\GIS\1305-PANTHER_193.mxdFILE PATH:SCALE:1 "=2,000 '4SUBJECT PROPERTYOYSTERHARBORESTANCIAFIGURE 13D Corkscrew Sadie Cypress Barron Collier Collier - Hendry Okaloacoochee Slough Turrell, Hall & Associates, Inc. Marine & Environmental Consulting 3484 Exchange Ave. Suite B. Naples, FL 34104-3732 Email: tuna@turrell-associates.com Phone: (239) 643-0166 Fax: (239) 643-6632 FIDDLERS CREEK - ESTANCIA ACTIVE WOOD STORK COLONIES DRAWN BY: CREATED: JOB NO.: REVISION: SHEET: SECTION- TOWNSHIP- RANGE-18&19 RMJ 10-8-15 1305.2 N/A N/A N/A P:\1305.2-FC-Estancia\GIS\ 1305-WOODSTORK.mxd FILE PATH: SCALE:1 "=6 mi ¯ 01 50S 27E Legend Active Woodstork Nesting Colonies Wood Stork Core Foraging Areas Fiddler's Creek Boundary660 mi FIGURE 14 BBRRRRRRRRRRRRRRCFCFRARRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRGCGCGCRRRRRRRRRRRRRRRRTamiami Trail East (US 41)GCRRRRRRRRRRRRRRRRRRRRRRPPPPUDATTRVCRSF-3APAPUDMHAAC-2RR6603'1198'2167'S a n d p i p e r D r i v e TTRVCExistingProjectEntranceProposedProjectEntranceProposedProjectEntranceExistingProjectEntranceFiddlers CreekScale: 1"=400'Date: October 2017Fiddler's Creeknaples, floridaRResidentialBBusiness/CommercialPParkGCGolf CourseRARecreational AmenitiesCFCommunity FacilityRoad Right-Of-WayPreserveLakesMiscellaneousOpen Space/BuffersDrainage EasementsUUtility (Existing)Land Use Key*ALF PermittedU.S. 41 Entrance Exhibit COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b.City Utility System c.Franchised Utility System Provide Name: __________________________ d. Package Treatment Plant (GPD Capacity): _________________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c.Franchised Utility System Provide Name: __________________________ d.Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ 2/21/2017 Page 8 of 16 FCC Commercial LLC 8156 Fiddler’s Creek Parkway Naples 34114 (239) 732-9400 parisiJ@gulfbay.com Marco Shores/Fiddlers Creek DRI/PUD 51S 26E & 27E See Exhibit 2 See Exhibit 3 X X No additional sq. ft. or dwelling units proposed. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 2/21/2017 Page 9 of 16 Not applicable This requirement will be provided at time of SDP or SDPA. F Y j ORDINANCE 98 13 AN ORDINANCE AMENDING ORDINANCE 91102 AS AMENDED THE COLLIteR COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA BY PROVIDING FOR SECTION ONE WHICH AMENDS ZONING ATLAS MAPS NUMBERED 171718 1719 and 512728 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRBED REAL PROPERTY FROM N RURAL AGRICULTURAL TO PUD PLANNED UNIT DEVELOPEVT KNOWN AS MARCO SHORESFIDDLERSCREEK FOR APPROLY 1385 ACRES MORE OR LESS OF PROPERTY FOP GOLF COURSE ANJ30PEN r SPACE USES LOCATED IN SECTIONS 18 19 AND 29 TOWNSIP 51 SOUTH RANGE 27 EAST COLLIER COUNTY FLORIDA AND AMENDING PUD ORDINANCES NUMBERED 8442 9642 AND 9674 JHICHv ESTABLISHED THE MARCO SHORESFIDDLERSCREEK PLANNEELrNIT DEVELOPMENT TOGETHER WITH ALL SUBSEQUENT AMENDNTS THERETO BY PROVIDING FOR SECTION TWO AMENDMENTS TO SECTION I ENTITLED PROPERTY OWNERSHIP AND DESCRIPTION SECTION THREE AMENDMENTS TO SECTION lI ENTITLED PROJECT DEVELOPMENT SECTION FOUR AMENDMENTS TO SECTION V ENTITLED RESERVE DISTRICT FIDDLERSCREEK SECTION FIVE AMENDMENTS TO SECTION VIII ENTITLED PARKS UNIT 30 UNIT 24 BARFIELD BAY MF AND HORRS 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 ofCountyCommissioners approved Ordinance Number 8442 establishin8 the Marco Shores Planned Unit Development nd WHEREAS subsequent to said approval the Marco Shores PUD vas amended on several occasions and WHEREAS on July 23 1996 the Marco Shores PUD was again amended by Ordinance Number 9642 to add 229acres to Unit 30 and to establish the FiddlersCreek Area of said PUD and WHEREAS on November 26 1996 the Board of County Commissioners adopted Ordinance Number 9674 to add 690 acres to the FiddlersCreek area ofthe Marco Shores PUD and WHEREAS George L Varnadoe Esquire of Young van Assenderp Varnadoe PA representing D Y Associates Joint Venture a Florida 8eneral partnership petitioned the Board of County Corrnnissioners to limrther amend the Marco ShoresFiddlersCreek Planned Unit Development as amended NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners ofCollier Words ilm aditions words stfJrlhmtnardeltions County Florida that SECTION ONE REZONE OF AGRICULTURAL AREA FROM A RURAL AGRICULTURAL TO PUD PLANNED UNrf DEVELOPMENT The zoning classification of the real property described herein as set forth in Exhibit A attached hereto and incorporated by reference located in Sections 18 19 and 29 Township 51 South Range 27 East Collier County Florida as indicated on Official Zoning Atlas Maps numbered 171718 1719 and 512728 is hereby changed from ARuralAgricultural to PUD in accordance with the Marco ShoresFiddlersCreek PUD Document as mended and as funher amended herein Official Zoning Atlas Maps numbered 171718 1719 and 51272 s described in OrdLqance 91102 the Collier County Land Development Code are hereby mended accordinBly SECTION TWO AMENDMENTS TO PROPERTY OWNERSHIP AND DESCRIFrlON SECTION Section I entitled Property Ownership and Description of Ordinances numbered 8442 and 9674 the Marco ShoresrFiddlersCreek PUD as amended is hereby mended to read as follows 13 PROPERTY OWNERSHIP The subjea properly with the exception of Unit 30 is currently under the ownership of The DetonaCorporation 3250 S W 3 Avenue Miami Florida 33129 A portion ofUnit 30 2431 acres has been developed as a resort golf course and is owned by Massachusetls Mutual Life Insurance Company Lnother tract 430tacres is owned by Southern States Utilities and is uas part of their wastewater treatment operations The Collier County School Board owns a twelve 12 acre tract in Unit 30 The remaindrof Unlt 30 within the Fiddlers Creek PUD is owned by CjBt 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 FiddlersCreek 17 COMMUNITY DEVELOPMENY DISTRCT The developer of FiddlersCreek 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 229acre parcel which was previously incorporated into Fiddlers Creek The Developer of FiddlersCreek may establish a Community Development District for the 90 as added c FiddlersCreek As recognized by Development Order 843 as amended a CDD constitutes a timely efcient effeaive responsive and economical way to ensure the provision of facilities and infrastructure to FiddlersCreek including the additions thereto The 90 ac addiiiisamenable to infrastructure provision by district that has the powers set forth in Chapter 190 FS 199S SECTION THREE AMENDMENTS TO PROJECT DEVELOPMENT SECTION Section II entitled Project Development of Ordinances numbered 8442 and 9674 the Marco ShoresFiddlersCreek 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 Horrz Barfield J 5 Creek Goodland TOTAL Capri Island Bay MF Marina Residdmtial Multi 14230 10589 2880 1210 28909 SingleFamily 000 Piat li 4230 OSS9 2SS0 210 Business 3362 260 744 170 P 320 3230 40 Sc1xls 12 1200 2400 4341 1000 5341 Corn Facilities 603 200 803 od 2360 1oo 030 o81 Other 1607 554 044 TOTAL PUD fU 27757 44 14289 4904 1454 1583 i ACRES 23tgrH Residential UniLt 6000 2544 300 314 72 9230 EclopmentTrnct 917 210 640 495 0130 Not fferttiatd Inlud acres Original PUD did not iniud42 at of prwin aca8 24 MAXIMUM PROJECT DENSITY No more than a maximum of 9230 residential dwelling units single and multifamily shall be constructed in the total project area The gross project is 288642 acres The gross project density therefore is 320 junits 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 Wodslateadditionrwords state delon 3 Development Area Acres Dwelling Unit Gross Density 6000 Unit 24 27757 2544 917 Isle of Capri 744 0 NA Horrs Island 14289 300 210 BtuieldBay MF 4904 314 640 John Stevens Creek 1454 72 495 Goodland Marina 1583 0 NA 2Bg642 9230 Corrects original PUD which did not reflect 42 acres otpreserve 28 LAKE SETBACK AND EXCAVATION Within FiddlersCreek the lake setback requirements specified in the Land Development Code may be reduced with the administrative approvai ot the Collier County Development Services Director All lakes may be excavated in accordance with the crosssections set torth in the Settlement Aeement as those crosssections may be mended as provided in the Settlement Agreement except tor Sxa3 led1 whjch shaJl be pursuant to the Land Development Code requirements SECTION FOUR AMENDMENTS TO RESFRVE DISTRICT FIDDLERSCREEK SECTION Section V entitled Reserve District FiddlersCreek otOrdinances numbered 8442 and 74 the VLco ShoresFiddlersCreek PUD as amended is hereby amended to read as tollows 53 PERMITTED USES AND STKUCTLrIS No building or structure or part thereof shaii be erected aitered or used or land or water used in whole or in part tot other than the followlag A Permitted Principal Uses and Structures Passive recreational areas boardwalks including recreational shelters and restrooms 2 Biking hiking and nature trails excluding asphalt paved trails in wetlands 3 Nongasoline powered boating trails 4 Water management facilities structures and lakes including lakes with bulkheads or other architectural treatments 5 1oadway crossings and utility crossings as designated on the Master PI 6 Those activities reasonably nccessazy to effectuate the FiddlersCreek Wildlife Words am sdditionr words Lian dclctions 4 Habitat Enhancement and Management Plan adopted as mitigation for the United States Corps of Engineers Dredge and Fill Permit No 78B0683 as amended 7 Any other conservation and related open space activity or use wfich is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District a 54 DEVELOPMENT STANDAKDS A Wthin FiddlersCreek with the exception ofSecthmFdall structures shall setback a minimum of five feet 3 from Reserve district boundaries and roads except for pathways boardweeks and water managehent structures which shall have no ruiredsetback Buffers shall be provided around wetlands in 9 8 extending at least fifteen feet 15 landward from the edge ofwetland preserves in all places and averaging twentyfive feet 25 from the landward edge ofwetlands B Lighting facilities shall be arranged in a manner which will protect roadways and residentinl properties from direct glare or unreasonable interference C Maximum height of structures Twentyfive feet 25 D Mimum distance between principal structures Ten feet 10 E Mjnlmum distance between accessory structures Five feet F Mnimumfloor area None required G Mirmum 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 FiddlersCreek 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 sf ddition words ate deletions SECTION FIVE AMENDMENTS TO PARKS UNIT 30 UNIT 24 BARFIELD BAY MF AND HORRSISLAND DEVELOPMENT AREAS SECTION Section VIII entitled Parks Unit 30 Unit 24 Barfield Bay MF and Hoffs Island Development Areas of Ordinances numbered 8442 and 9674the Marco ShoresfFiddlers Creek PUD as amended is hereby amend to add two paragraphs entitled Purposeand Permkted for the FkMIsCreek Addition Section 29 and to change the Section VIII title to read fiEOriON vlrff PARKS UNTT 30 UNTr 24 BARFIELD BAY MF ilORKS AREAS SECTION SIX AMENDMENTS TO DEVELOPMENT STANDARDS SECTION Scxtion XI ntlded DvelopmentStandards of Ordinancea numbered 8442 and 9674the MarcoShores FiddlersCreek PUD as amended is hereby amended to read as follows 115CLEARING GRADING EARTHWORK AND SITE DRAINAGE All clearing grading earthwork and site drainage work ahalb 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 Agrment and the conptual drainage plans ubmltted with thia applition Jong with the recommendationa ofthe various review committees will be used as a guide to the final dvelopment ofthe drainag and road systems within the various development areat Wonl sac dditionr words k tamddctiont 6 Pursuant to the Agreement hetween the Developer and Collier County dated April 4 1995 land clearing excavation and filling may occur within FiddlersCreek prior to platting site development plan approval or building permit issuance idSCwsnot covered by the Settlement Agreement or the Fill Agreement Fashall be governed by the provisions of the Land Development Code except as modified herein without reference to the Settlement Agreement or Fill Agreement 1117 WATER MANAGEMENT Detailed site drainage plans shall be submitted to the County Engineer for review No eonstnetion permits shall be issued unless and until approval ofthe 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 115hereof A FIDDLERSCREEK SECTION 13 The following standards and stipulations shall apply to Section 13 of the Fiddlers Creek portion of the PUD I The perimeter berm for Section 13 shall meet Land Development Code requirements as to setbacks from the property line 2 Provisions for Section 13 to accept or pass through existing flows from culverts SIS001S0 150 and 180 under US 41 shall be addressed by one or more of the following methods a Routing west along north line of Section 13 connecting to US 41 outfall Swale No 1 b Routing south along east side of Section 13 and further south connecting to FiddlersCreek spreader facility c Routing through projectsinternal 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 ofU S 41 outfall Swale No 1 along the west and north sides ofSection 13 the profile ofwhich 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 offsite 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 Words Mz mclilionrwords keh edelonL 1119 GE LSCEDELOPNTCONCEPT The development of all tracts shIbe subject to the then cuent County relationsconcerninglandscaping Special prosions for the possible preseation of selected vegetation are prodded in the ipulatiom relating to HosIsld BeldBay dJoM SIrens Creek development eas Spiprocures eticipat to prode for emum possible preseation of native vegetation in these areas A Preseation dReseation eas Appromately 15000 acres ofvaluable wetlands and other preseation areas have been deeded to the State of Florida in conjunction with the Settlement Agreementrefetoelsewherehtsdomenthadditiontotheseeasappromately acres ofaddition Idisset ide hddlees Creek as depicted on Ebit A d related by Section V hereoE Oer horation into the approved Words are add lions words am deletions 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 21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLERSCREEK The following Subdivision Regulations from the Land Development Code LDC shall be waived and modified as follows A Land Development Code 3283172 Sidewalks will be constructed as shown on the roadway crosssections attached as Exhibit FCF At Developersoption bikepaths may be substituted for sidewalks and sidewalks shall be optional for roadways with fifty foot 50 fightofwaysand that serve only one tract or parcel B Land Development Code 32841 The access requirements of this Section are waived and connections shall be as shown on the Master Plan C Land Development Code 32843 o Block lengths shall be as shown on the Master Plan D Land Development Code 3284165 Right ofway widths shall be as shown on the roadway crosssections attached as Exhibit MFCF E Land Development Code 3284166 The length of deadend streets or culdesacs shall be as shown on the Master Plan F Land Development Code 3284169 10 The minimums of these sections are waived and these tangents shall be as depicted on the Master Plan except for Storion xaaa 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 328319 Developer reserves the right subject to approval of Collier County Transportation Department to seksubstitutes for traffic and street signs within the boundaries ofFiddlersCreek H Land Development Code 357 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 3572 3 Excavation side slopes and depths shall be in accordance with the aforementioned Settlement Agreement except for StetlonD dNiwhich shall be in accordance with Division 35 of the Land Development Code J Land Development Code 328416 12d The pavement surface coarse thickness shall be as shown on roadway crosssections as Exhibit FCFexcept for Stction where pavement surface course thickness shall be pursuant to Appendix B ofthe Land Development Code 122SIGNS IN FIDDLEKS CREEK All signs in FiddlersCreek shall be in accordance with Division 25 ofCollier Countys Land Development Code as the same may be in effect at the time of Site Development Plan approval with the following exceptions Words sradditions words ilSarc dclction 9 A Permanent Community Signage I Project IdentificaonSigns Two ground wall of gate project identiieation signs may be located at each entrance to the development subject to the following requirements a Such signs shall only contain the name ofthe development and any symbol or icon identiing the development and shall not contain any promotional or sales information b Project identification signs shall not exceed sixty 60 square feet iff excluding mounting surfaces or structures Where signage is afnxedor an integral part of awall or fence the face of the sign may protrude above the upper edge of the wed1 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 2 BoundanMonument Signage Project monument signs may be located at or near each boundary of the project on SR 951 and US41 provided that no such sign shall exceed twelve 12 square feet excluding mounting surfaces or structures and urther providing that all other requirements of I 122A 1 are met 3 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 sx feet 6 in height and thiltytwo 32 square feet in area provided the requirements of Section i 122A not in corulict 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 1122A1 not in conflict herewith B Temporary or Promotional Signage These signs are to direct prospective purchasers and identify the various projects being developed I One development announcement sign may be erected on each project street frontage for each tract or parcel identiing the proposed project or project under construction subject to the following requirements a There shlbe no more than two 2 sip per trac 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 afedto 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 I 0 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 37 above Wordsugdditionswordsiaredclctona10 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 I 122B1 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 49 above the finished grade b Such signs shall meet the requirements of Section 1122B1 not in conflict herewith SECTION SEVEN AMENDMENTS TO STIPULATIONS AND COMMITMENTS SECTION Section XII entitled Stipulations and Commitments of Ordinances numbered 8442 and 96 74 the Marco ShoresFiddlersCreek PUD as amended is hereby amended to read as follows 121 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 847Cwith specific regards to PUD Zoning Classification 2 Staff recommends Conceptual Drainage Approval of the following development areas a FiddlersCreek b Unit 24 c Goodland Marina 3 Resubmission to EAB for Conceptual Drainage approval for the Isle ofCapri Business Tract and the unique development areas of HorrsIsland Barfield Bay Multifamily and Iohn 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 prmits 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 includin spreaders that will be constructed as part of the initial phase shall be submitted to Project Review Services for review No construction penTfits shall be issued unless and until approval of the proposed construction in accordance with the Wot mdditionr words singiethrmhsr ltiona 11 submitted plus is granted by Project Review Services 6 Historically offsite flows have been and continue to be routed through the easterly poonofthe proposed development Should the existing routing of offsiteflows be impacted by the initial proposed development provisions shall be made for rerouting andor continuing to allow historic offsiteflows to pass through the initial phase proposed for development 7 Based on prior commitments Ordinance 8826 is to apply except as Section 8 thereof is modified by the approved Conceptual Drainage Plan Marco Shores Unit 30 Sheet Gldated lanuary1984Typical Lake Section with respect to lake slopes and depths and further the lake setbacks from abutting fightsofwaywill 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 iji Clafiwhich shall meet the requirements of Division 35 of the Land Development Code 122 STIPULATIONS AND COMMITMENTS o ENVIRONMENTAL ADVISORY BOARD CEABD A Stipulations To Rezoning of Category I Lands FiddlersCreek Unit 24 Isle of Capri Goodland Marina I 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 th conceptual plan for both those areas under and over the six foot contour b Following this avegetation survey of the remaining unaltered areas of Unit 24 will be prepared by Deltona d sfibrnitted to the County Environmentalist e The County Environmentalist will use the vegetation survey and work with Deltona or the architects hired by future owners of multifamily lots of Unit 24 to arrive at a final building and parking lot layout that would minimize the eestruetjon of remaining undisturbed native vegetation d Approximately 15000 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 acres of additional land is set aside in FiddlersCreek as depicted on Exhibit FCA 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 ofthe required removal ofexotlc vegetation and deeded to the homeowners association or approved entity upon platting ofthese specific areas 2 Archaeological Resources a The Developer ofeach ofthe above described projects will design and implement a plan so that if an archaeological site or artifact is Words tenddilionr words krcieredeletions 2 uncoyered during site clearing grading or excavation construction in that location will be stopped for a sufficient length of time to give both Devclopersarchaeological consultant andor 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 eonsuuction is not unnecessarily delayed c Prior to any work in the Goodland Marina area the Environmental Section with the assistance orselected local archeoogical assistance will survey the development area to determine the validity or reported sites in that vicinity d It a significant site is discovered the Environmental Section will coordinate the excavation of the site consistent with Developers 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 runoffin development area swales andor 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 SeetionBcjawhichshallcomplywiththeapFlicablerequirementsof 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 predevelopment conditions during the wet season pursuant to the applicable requirements of the South Florida Water Management District and the Settlement Agreement except for Seeriot13g which shall comply with the applicable requirements of South Florida Water Management District and Collier County 124 STIPULATIONS AND COMMITMENTS UTILITIES A Wast Water Management I Under the franchise modification as provided for below in 2 and this Section Deltona through Deltona Utilities Inc shall assume responsibility O 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 DeltonasSewer Franchise Agreement Worde eadditions word ck chere deletions 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 properly that is not designated as Development Area under the Marco Agreement and substituting therefore all properly not 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 Fiddlers 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 dedications 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 unintemjpted for 30 years or until Collier County purchases the sewage treatment facilities as provided for in d below whichever first occurs 2 Annual Rent 100per annum payable annually in advance 3 Lessees 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 ofthe County 4 LesseesObligations 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 fights 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 Deltons to purchase the sewage treatment facilities serving Unit 24 In the event Collier County exercises this option the Words are sdditionr words ihviare deletions 14 purchase price shall be determined by adding I The amount of Deltonasinvestment 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 Deltonasinvestment previously recovered from Customer credit impact fees to be collected by the County and returned to Dcltona as a credit and 2 any accumulated net operating loss attributable to that portion ofthe sewer system occurring during that period commencing after 100 customers have been connected to the system through the date of closing e Either theCollier County 3Hcs central prorider shall provide all wastewater treatment services to that part orFiddlcrsCreek owned or developed by Developer f It is anticipated that Developer will use treated wastwater effluent to meet the nonpotable water demands for Urt24 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 easeback g Deltona shall be required to locate the construction of a regional sewage facility in the general location ofUnit 30 B Water upply and Treatment and Distribution 1 The County WaterSewer District through its Regional Water System shall be the sole provider and purveyor ofwater to those portions of the development lying within any nonfranchisedareas 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 conformsnee with current subdivision requirements and Utilities Division standards for construction 3 All transmission and distribution facilities within the nonfranchised areas shall be dedicated to the County WaterSewer District prior to being placed into service 4 All water users in the nonfranchised areas shall be County customers 5 Prior to the issuance ofbuilding 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 127 FIDDLERSCREEK STIPULATIONS AND CONDITIONS A No filling ofthe eastwest canalsditches contained on the 229 acre parcel described on page 7 ofExhibit FCC hereofshall occur prior to the removal of exotics from the Preserve parcel located between Parcels 1 and 49 as depicted on Exhibit hereof Words arc additions words k srcdeletions 15 B If the development activities in FiddlersCreek are the cause ofooding in the Port AuPdnce Project Developer shall take immediate corrective action C Agricultural uses shall continue to be perrttted on the undeveloped portions of FiddlersCreek lying within L lllj Sobh r82 East Collie Cuiy SECTION EIGHT EFFECTIVE DATE This Ordinance shall become effective at such time as its supporting comprehensive plan amendment Ordinance Number 98L becomes legally effective as provided by Subsection 16331892a Florida Statutes 1995 PASSED AND DULY ADOPTED by the Board ofCounty Commissioners ofColerCounty Florida this qf day of f 1998 ATTST BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK CLERK COLLIER COUNTY FLORIDA i TM APi3ROVED AS TO FORM AND Tts ordlnore filed with the and acknowedgernent of that ASSZSTANT COUNTY ATTOPuNY OXUSAWP51DDLEAOPUDORD February 18 1998 Word ate addiltwo Liare deplore 16 EXHIBIT A LEGAL DESCRIPTION ALL OF SECTION 18 LYING SOUTH AND WEST OF US41 AND ALL OF SECTION 19 AND THE NORTH I2OF SECTION 29 TOWNSHIP 51 SOLrrH RANGE 27 EAST COLLIER COUNTY FLORIDA 138472acres OqjSFRSANAWPIIIDDLFACOAL AMENDMENT TO MARCO SHORES PLANNED UNIT DEVELOPMENT AS IT RELATES TO FIDDLERSCREEK PREPARED BY GEORGE L VARNADOE ESQ YOUNG VAN ASSENDERP VARNADOE P A 801 LAUREL OAK DPIVE SUITE 300 NAPLES FL 34108 941 5972S14 D ATE FII ED DATE APPROVED BY CCPC Novcnb7 1996 DATE APPROVED BY BCC f Novebcr26 ORDINANCENUIVfiBER 3 674 PAGE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION I1 SECTION II PROJECT DEVELOPMENT 21 SECTION III RESIDENTIAL LAND USE DISTRICT 31 DEVELOPMENT FIDDLERS CREEK SECTION IV MULTIFAMILY RESIDENTIAL DEVELOPMENT 41 SECTION V RESERVE DISTRICT FIDDLERS CREEK 51 SECTION VI BUSINESS DEVELOPMENT 61 SECTION VIA ISLE OF CAPRI COMMERCIAL DEVELOPMENT 6A1 AREA SECTION VIB ISLE OF CAPRI COMMERCIAL DEVELOPMENT 6BI AREA STIPULATIONS AND COMMITMENTS SECTION VII GOLF COURSE AND CLUB CENTER 71 DEVELOPMENT SECTION VIII PARKS AND RECREATION DEVELOPMENT 81 SECTION IX UTILITYELECTRIC DEVELOPMENT 91 SECTION X MARINA DEVELOPMENT 101 SECTION XI DEVELOPMENT STANDARDS 111 SECTION XII STIPULATIONS AND COMMITMENTS 121 EXHIBIT Ae MASTER PLAN EXHIBff B LOCATION MAP EXHIBIT C LEGAL DESCRIPTION OF DEVELOPMENT TRACTS EXHIBIT D IMPROVEMENT ESCROW AGREEMENT EXHIBIT ELETTER OF COMMITMENT tlords ere additions ords are deletions EXHIBIT FCA FIDDLERS CREEK MASTER PLAN EXHIBIT FCC LEGAL DESCRIPTION OF FIDDLERS CREEK EXHIBIT FCF FIDDLERS CREEK ROADWAYS CROSSSECTIONS EXHIBIT PCG AIRPORT OVERLAY ZONE Ilordl llitijereddtttonsordsv vere deXetSone SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 11 PURPOSE The purpose of this Section is to set forth the location and ownership of the property and to describe the existing conditions of the property proposed to be developed under the project name ofMARCO SHORES PLANNED UNIT DEVELOPMENT 12 The development is comprised of several geographic areas generally referred to as Unit 30 Unit 24 Isle of Capri Barfield Bay Multifamily John Stevens Creek Horfs Island Key Marco and Goodland Marina The legal description for these parcels will be found in Exhibit C to this document 13 The bject property with the exception ofUnit 30 is currently under the ownership ofThe Deltona Corporation 3250 S W 3 Avenue Miami Florida 33129 A portion of Unit 30 243 acres has been developed as a resort golf course and is owned by Massachusetts Mutual Life Insurance Company Another tract 4301 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 Fiddlers Creek PUD is owned by 69 100 Inc a Florida corporation and Parcel Z Inc a Florida corporation jointly doing business as 951 Land Holdings Joint Venture a Florida general partnership hereinaer referred to as Developer Unit 30 will be known as and referred to as Fiddlers Creek 14 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 mount of development ofsinglefarly lots presently platted on the west shore of Bareld Bay on Marco Island The total area ofdevelopment included in this pined unit development project is 213322acres The Unit 30 and Unit 24 development areas are on the mainland north ofMarco Island and both front on State Road 951 The Unit 30 area extends to the east and north and fronts on US Words ere addtionsJ ords ere deletions Highway 41 The Isle of Capri business tract is located on the northwest comer of the intersection of State Road 951 and 953 The Barfield Bay Multifamily 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 HorrsIsland Key Marco is a separate island south of but immediately adjacent to the Barfield Bay Multifamily area in the eastern portion ofMarco Island B Various current zoning classifications are applicable to the separate areas of the development Unit 30 Isle of Capri and Horrs Island development areas are currently zoned Agricultural with some ST overlay classification Unit 24 Barfield Bay Multifamily John Stevens Creek and Goodland Marina areas are currently platted tnd zoned as Residential Property with some ST overlay The Unit t0 development tract is flat pineland gently sloping to the south Typical elevation of the property is approximately 412 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 95 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 flinging wetlands The development boundary of this site has been established by state and federal agencies Barfield Bay Multifamily and John Stevens Creek areas are comprised of large areas of searifled 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 approvcd for development to allow this water related recreational facility The waterward boundary ofthis Tract has also been established by state and federal agencies Horrs 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 fanning The natural hammock vegetation however has been reestablished on these farmed areas The island is characterized by steep side slopes and high Words ere additlonsl ords ere deletions 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 The Unit 30 portion of the Marco Shores PUD is now known as and shall be referred to hereinafter as FiddlersCreek 7 The developer ofFiddlers Creek has established a Community Development District CDD for the property owned by developer within the Unit 30 portion of the Marco Shores PUT together with the adjacent 229acre parcel which was previously incorporated into Fiddlers Creek The Developer of Fiddlers Creek may establish a Community Development District for the 69 FiddlersCreek iiiAs recognized by Development Order 843 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 FS 1995 are additions ords ww4rthtmaredeZetLons I 3 SECTION II PROJECT DEVELOPMENT 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 22 A Regulations for development of MARCO SHORES PLANNED UNIT DEVEIXPMENT 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 ofall terms shall be the same as the definitions set forth in Collier County Land Development Code 23 A The project site plan including layout of streets and and use of the various tracts is iljustrated graphically by Exhibit A Mater Plan for all areas other than Unit 30 Fiddleis Creek The development tracts are iljustrated individually and each development tract includes various land uses A summary ofthe and uses in each development area is summarized on the table below B Arm iljustrated as lakes on the site development plan shall be constructed as lakes and the interconnecting watervay 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 wllbe filled to design elevation by the importation of offsite fill C In addition to the various areas and specific items shown in the development site plans such easements utility private semipublic eto shall be established within or along the vaxious tracts as may be necessary or deemed desirable for the service function or convenience of the projects inhabitants D The PUD Master Plan for Fiddlers Creek Exhibk FCA this Exhibit supersedes the Marco shores Master Plan Exhibit A is attached hereto and made a part hereofby reference The land uses in Fiddlers Creek Unit 30 are included in the Land Use Summary below LAND USE SUMMARY MARCO StIORES PLANNED UNIT DEVELOPMENT UNIT 30 UNIT 24 iSLES OF HORRS BARFIEL J S CREEK Goodland TOTAL CAPRI Island D BAY MF MF Marina Reskknfial Multi 14230 10589 2880 I 210 28909 Resickal 4i3 1230 10589 2880 1210 Business 3362 12 744 70 5536 ais 12 2 24 44 i 10 5341 Fsciliti 603 2 803 Ra 23 1o 030 081 1607 4 044 TAP 2777 744 14289 49 14j4 ialUu 2544 3 3 i 4 72 9230 ltTn 917 210 640 495 0 Not Nords jjjJareadditions ords tekhttharedeletions 2 2 Original FUD did not include 42tacre otpregrvein acreage 24 htAJ No more than a maximum of 9230 residential dwelling units single and multifamily shall be constructed in the total project area The gross project is 288642 acres The gross project density therefore is 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 Development Area Acres Dwelling Unit Gross Density Ut 24 277S7 2544 917 Isle of Cspfi 744 0 NA Hos Island 14289 3 210 Beld Bay 4904 14 640 Jo Sts Crk 14S4 72 49S 1Mna 1583 0 NA 9230 320 nms oP wchdid not retire 42 acres ofpre 25 pgO PL PROV QS A Prior to the rrdingof the Erd PIa pl ofthe ruirimprovements e ooflappropriate lli Coun goventagenci to mp e P ofDopm e Coun SuisionRelafions and the plaing laws of the State of ofida IE pfio to the Subdision Relafio e rum for y plat tho ptions shall be rud approv by the Subdision Rewtt B Ebit A Master Plan nstitutes the ruP Development Plu ud the Words iere additions ords t i 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 FCA Fiddlers Creek Master Plan constitutes the PUD Development Plan for th6 property described in Exhibit FCChereof 26 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 27 A When the developer sells an entire Tract or a building parcel Fraction ofTract 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 pared is sold by any subsequent owner as identified in Section 27A in fractional parts to other parties for development the subsequent owner shall provide to the Development Services Director for approval prior to development ofthe 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 pasts The drawing shall also show the location and size ofaecess 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 26 of this document pdor to Final Site Development Plan submittal for any portion of that tract The developer may choose not to submit a ConceptuaSite Plan for the entire tract iaFinal Site Plan is submitted and approved for the entire tract D The develope ofany 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 corfformance 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 fiactionalization plans the Development Services Directors 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 ofbuilding square footage and the reasonable accessibility of the fractional parts to public or private roadways common areas or other means ofingress and egress F Ifapproval or denial is not issued within twenty 20 working days the submission shall beconsideredautomatically 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 I Stay the effectiveness ofthis 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 violafive 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 Ira violation takes place the County shall give the violator written notice by certified mail return receipt requested Said notice shall state the following I The nature ofthe alleged violation and 2 The tract or parcel or portion ofthe tract or parcel upon which the violafive activity or conduct has occurred and 3 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 4 That ifthe violation is not cured within such time period the Board of County ords ijlareaddttlons vords stire deletions 2 5 Commissioners shall hold a public healing to consider the matter and 5 That the heating 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 violatoes commencement of diligent good faith efforts to cure said violation within this period shall obviate the need to hold the public heating The PUD Ordinance shall remain in full force and effect during the pendency ofthe 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 ofthis 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 Within Fiddlers 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 crosssections set forth in the Stlrnent Agrment as those crosssections ma be mended as rovided in the pursuant to the Land Development Code requirements 29 Within Fiddlers Creek lands within project rightsofway may be utilized for landscaping decorative entranceways gat gatehouses and signage subject to reviv 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 210 Standards for roads within Fiddlers 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 process The Developer reserves the fight to request substitutions to Code design standards in accordance with Article 3 Division 32 Section 3272 ofthe Land Development Code The Developer also reserves the fight to install gates gatehouses and other access controls on all project roadways 211 Landscape buffers bums fences and walls are generally permitted as a principal use throughout Fiddlers Creek The following standards shall apply A Landscape bcnns over two feet 2 in height shall have the following maximum side slopes 1 Grassed berms 31 2 Ground covered bums 21 3 UpPap herins 11 4 Structural wailed herins vertical When the provisions of 2 I IA are utilized native shade trees shall be planted twenty five feet 257 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 ofthe project where the project uses would be proximate to dissimilar uses For the purpose of this provision finished radc shall be considered to be no greater than eighteen inches 18 above the highest crown elevation ofthe nearest existing road unless the fence cr wall is constructed on a perimeter landscape berrn In these cases the wall or fence shall not exceed six feet 6 in height from the top ofberm elevation for berm elevation with an average side slope of 4lor less and shall not exceed four feet 4 in height from the top of bcrm elevation for berrns with an average side slope ofgreater than 41 ie 3 C Landscape buffers herins fences and walls may be constructed along the perimeter ofthe Fiddlers Creek portion ofthe 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 211 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 lllersadditionswords vlrr6hrmhersdeletions 2 7 structures within rightofways adjoining two or more different districts the more restrictive height standard shall apply E Pedestrian sidewalks andor bike paths water management systems and drainage may be allowed in landscape buffers in accordance with Collier County Land Development Code Division 24Landscaping and Buffering 212 MARCO ISLAND EXECUTIVE AIRPORT The following provisions are applicable to the Fiddlers Creek portion ofthe 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 Fiddlers Creek is within the Airport Overlay Distdct adopted for Marco Island Executive Airport nAPO This Airport Overlay Zoning District concept is codtried as Section 2223 Land Development Code B Notwithstanding any other provision of this Ordinance there shall be no uses or structures within that part of Fiddlers Creek owned by developer that conflict with the height restrictions depicted on Exhibit FCG which portray the applicable provisions of Part 77 Federal Aviation Regulations applicable to this other than utility nonprecision instrument approach airport having visibility minimums greater than 34 of a statute mile or provisions of Section 2223 Land Development Code relating to land uses as it exists on the day of approval of this Ordinance C Developer shall give notice ofthe existence and restrictions of Section 212Bby noticing the same along with Exbit FC4 in the restrictive covenants for Fiddlers Creek and by providing notice thereof in its contracts for the sale of property and residential units within Fiddles Creek 213 DEED RESTRICTIONS Some properties within the Fiddlers Creek portion ofUnit 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 ere eddltlonsl words ere deletions SECTION HI RESIDENTIAL LAND USE DISTRICT FIDDLERSCREEK The purpos ofthis Section is to identify permitted uses and development standards for areas within Fiddlers Creek designated on Exhibit FCA as Residential R Each residentially designated tract or parcel shall be developed with similar or compatible structures within that tract or parcel 32 MAXIMUM DWELLING UNITS A maximum number of 6000 residential dwelling units may be constructed on lands designated R 33 GENERAL DESCRIPTION Areas designated as R on the Fiddlers Creek Master Plan are designed to accommodate a full range of residential dwelling types compatible nonresidential 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 ofConceptual 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 34 pERMITTED USES AND STRUCTURES No buildlag 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 Word are additional ord adeletion 3 2 Single Family Patio and Zero Lot Line Dwellings 3 Twofamily and Duplex Dwellings 4 Single Family Attached and Townhouse Dwellings 5 Cjuster Housing 6 MultiFamily 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 the Multifamily Development Standards set forth in Table I 8 Model Homes and Sales Centers as provided in Section 36 9 Group Care Fadlities Categories Iand IT and Family Care Facilities only on Parcels 12 21 22 and 23 Exhibit 10 Any other pdndpal 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 35 DEVELOPMENT STANDARDS 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 and uses where such standards are not specified herein or within adopted Fiddlers Creek design guidelines and Nordl mrs additions ords i are deletions 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 33 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 26 Section 262746of the Collier County Land Development Code Common open space requirements are deemed satisfied pursuant to the Settlement Agreement and the overall Master Plan F Offstreet parking required for multifamily 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 strumre 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 26 Subsection 2627 H Property abutting RSF3 zoned land shall have a fifty foot 509 minimum setback from the PUD boundary and a Type B buffer as specified in LDC Subsection 2474 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 36 MODEL HOMESSALES CENTERS Modd 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 Fiddlers Creel subject to the requirements of Article 2 Division 26 Section 26334and Words sre additionst ords k are deletions Article 3 Division 32 Section 32636ofthe Collier County Land Development Code 7 The development standards for ACLF units and other permitted GToup Care units shall be as set forth for multifamily dwellings The mnximum density for ACLF and other types of elderly careJoup care housing shall be 26 units per lrossacre Ifords jJiJJJ are additions teords are deletLona 3 4 TABLE I FIDDLERSCREEK DEVELOPMENT STANDARDS FOR R RESIDENTIAL AREAS PERMITFED USES AND SINGLE PATIO TWO SINGLE MULTI STANDARDS FAMILY ZERO LOT FAMILY FAMILY FAMILY DETACHED LINE DUPLEX ATTACHED DWELL Townhouse INGS Category 1 2 3 4 5 Jginimum Lot Area 6500 SF 5000 SF 3500 SF 4 3000 SF 1 AC Minimum Lot Width 5 50 40 35 30 150 Front Yard 25 20 3 20 3 20 3 25IFGrteYardforSideEntry1510I0I015 Side Yard 75 6 0 or 75 0 or 5 BH 5 BH Rear Yard Principal 20 l 0 20 20 BH Rear Yard Accessor I0 5 I0 I0 15 RYdSpecial 1 10 5 10 10 5 BH Bldg Height 2 35 35 35 35 1007 Distance Between Princl pal 15 0 0 or 15 5 SBH 5 SBH Structures Roor Area Min SF 1500 SF 1250 SF 1400 SF 1200 SF 1000 SF BH Building Height SBH Sum of Building Heights Combined height of two adjacent buildings for the purpose of determining setback requirements All distances are in feet unless othenvise noted 1 With approval from Fiddlers Creek Design Review Committee rear yards for principal structures on lots which abut golf course lake open space or reserve areas Setback from lake for all principal and accessory uses may be 0 providing architectural bank treatment is incorporated into design and subject to written approval from Project Plan Review With approval from Fiddlers Creek Design Review Committee front yards shall be measured as follows ffthe parcel is served by aprivate road setback is measured from the back of aub Of curbed or edge ofpavement if not ctabed Words sre additions vords t sre deletions 3 5 2 Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation ofthe structure 3 Single fnmily 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 57 for the garage and fiteen feet 15 for the remaining structures 4 Each halrora duplex unit requires a lot area allocation or3500 SF for a total minimum lot area or7000 SF 5 lVfminmm lot width may be reduced by fifty percent SCP for culdesacor 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 arc applied 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 10 of separation between structures shall be maintained at all points 7 Maximum height of structures shall be ten i O stories or onehundred feet 100 whichever is greater 8 Structuresverur4striesandfbfet5inheihtshabesetbackaminimumthebuidingheightfrom 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 vords Late deletions SECTION IV MULTIFAMILY RESIDENTIAL DEVELOPMENT MAP DESIGNATION MF UNIT 24 BARFIELD BAY MF JOHN STEVENS CREEK AND HORRSISLAND DEVELOPMENT AREAS PURPOSEThepurposeofthisSectionistoindicatethedevelopmentplanandregulationsfortheareasdesignatedonBxhibitAasLowDensityMultiFamilyResidentialMapDesignationMFDetailedarchitecturalsiteplanswillbedevelopedwhenappropriateandmustbeapprovedbytheproperCountyagenciesasinconformancewiththeFinalDevelopmentPlanandthePUDdocumentpriortotheissuanceofanyconstructionpermit42AmaximumnumberofmultifamilydwellingunitsmaybeconstructedUnit242544BarfieldBayMF314 JohnStevensCreek72HorrsIsland300IsleofCapri0GoodlandMarinaTotalMultiFamilyUnits323043NobuildingorstructxaeorpartthereofshallbeerectedoralteredorusedorlandorwaterusedinwholeorinpartforotherthanthefollowingAPermittedPrincipalUsesandStructures1Multifamilydwellings2Grouphousingpatiohousingandcjusterhousing 3 Townhouses B Permitted Accessory Uses and Structures 1 Customary accessory uses and rductures 2 Model homes as permitted by the Land Development Code in efrec at the time a permit is requeued C Protubited Uses and Structures Any use or structure specifically permitted hertin is probited 44 A Minimum Lot Area one Iacre B Minimum Lot Width 150 feet C Minimum Yard Requirements 1 Buildings up to and including forty 40 feet in height a Front ThirtyFive 35 feet Co Side TwentyFive25 feet c Rear ThirtyFive 35 feet 2 Buildings Over forty 40 feet in bright a Fiftyfive 55 percent of the building bright 3 Lots ScrJement Agrunuent Developrne Line Thirtyfive 35 feet However in John Stcvens Creek Horrs Island and Bareld Bay Multifarrdly Areas the setback may be altered u determined by EAB or the County Envlronmentalist to protec or eancsrare unique or endangered vegetation D Maximum Height of Structures Ten 10 sodes or onehundred 100 feet whichever is greater E Maximum Density Net site densities for each development area as follows Unit 24 19 DUAC ISozds Key Marco I 0 DUAC Barfield Bay 16 DUAC John Stevens Creek 10 DUAC F Distance Between Structures Between any two 2 principal structures on the same parcel there shall be provided a distance equal to onehalftthe sum of their heights G Minimum Floor Area 750 square feet H In the case of group housing patio housing or cjustered housing with a common architectural theme the minimum lot area lot width andor yard requirements may be less provided that a site plan is approved in accordance with Section 26 As permitted or required by the Land Development Code in effect at the time a permit is requested 46 As required by the Land Development Code in effect at the time a permit is requested except that the Development Services Direaor may permit a lesser number ofparking 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 47 As required by the Land Development Code in effect at the time a permit is requested SECTION V RESERVE DISTRICT FIDDLERSCREEK 51 The purpose ofthis Section is to identify permitted uses and development standards for areas within Fiddlers Creek designated on the Master Plan as Reserve 52 GENERAL DESCRIPTION Areas designated as Reserve on the Master Plan arc designed to accommodate a full range ofconscrvation and limited water management uses and functions The primary purpose of the Resee district is to reain viable naturally functioning systems to allow for restoration and enhancement of impacted or degraded systems to provide a buffer between the Fiddlers Creek development and the adjoining state owned lands and to provide an open space amenity for the enjoyment ofFiddlers Creek residents 53 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 Pdncipal 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 Nongasoline powered boating trails 4 Water management facilities structures and lakes including lakes with bulkheads or other architectural treatments 5 Roadway crorsings and utility crossings as designated on the Master Plan 6 activities reasonably necessary to effectuate tl Fiddlers Creek Wildlife Habitat Enhancement and Management Plan adopted as mitigation for the United States Corps of Engineers Dredge and Fill Permit No 78B0683 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 54 k W desCr tion of mslmback a numof five fm 5 from Redi boundes dr for mgmtmmres wch ge otdprezwes in 1 pla d avangfive tt 25 from the Idwdge of wlds B Lighting cilities shill be g in a ch 11 prot roadys ud ridtiflproperties om dir e or ule Words are ddttions torde t are cleletton C Maximum height of structures Twentyfive feet 25 D Minimum distance between principal structures Ten feet I0 E Minimum distance between accessory structures Five feet 5 F Minimum floor area None required G Minimum lot or parcel area None required H Standards for parking landscaping signs and other and uses where such standards are not specified herein or within adopted Fiddlers 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 55 ILESERVE DISTRICT CONSERVATION EASEMENT A nonexclusive conservation easement will be established pursuant to the Fiddlers Creek Wildlife Habitat Enhancement and Management Plan and Collier County Land Development Code Section 328473 to the extent such section does not conflict with said Management SECTION VI BUSINESS MAP DESIGNATION BUSINESS UNIT 30 UNIT 21 AND JOHNS STEVENS CREEK DEVELOPMENT AREAS The purpose ofthis Section is to indicate the development plan land regulations for the areas designated on Exhibit A as Business 62 USES AND STRUCTURES No building or structure or pan thereof shall be erected altered or used or and 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 pros stores automobile service stations without repairs and awning shops 2 Bakery shops bait and tackle shops banks and nandal institutions barber and beauty shops bath supply stores bicycle sales and services blueprim 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 dothing stores cocktail lounges corninertial rereation uses indoor commercial schools confectionery and candy stores 4 Deicatessensdepartment 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 fiaternal and social dubs funeral homes furniture stores and furrier shops 7 Garden supply stores outside display in side and rear yards glR shops glass and mirror sales including storage and installation and gourmet shops 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 54 DEVELOPMENT STANDARDS A WithinFiddlers Creek with the exception of Section 13 all structures shall setback a minimum of five feet 5 from iReserve 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 extending at least fifteen feet 15 landward from the edge of wetlalld preserves in all places and averaging twentyfive 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 Maximum height of structures Twentyfive feet 25 D Minimum distance between principal structures Ten feet 10 E Minimum distance between accessorystructures Five feet 5 F Minimum floor area None required 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 Fiddlers 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 55 RESERVE DISTRICT CONSERVATION EASEMENT A nonexclusive conservation easement will be established pursuant to the FiddlersCreek Wildlife Habitat Enhancement and Management Plan and Collier County Land Development Code Section 328473to the extent such section does not conflict with said Management Plan requirements 5 2 SECTION VI BUSINESS MAP DESIGNATION BUSINESS UNIT 30 UNIT 24 AND JOHNS STEVENS CREEK DEVELOPMENT AREAS 61 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit as Business 62 USESAND 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 Antique shops appliance stores art studios art supply shops automobile parts stores automobile service stations without repairs and awning shops 2 BakerV 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 6 i 8 Hardware stores hat cleaning and blocking healthfoodstoreshomesfortheagedhospitalsandhospices 9 Ice cream stores 10 Jewelry stores 11Laundries self service only leather goodslegitimatetheatersliquorstoresandlocksmiths 12 Markets food markets meat medical offices andclinicsmillineryshopsmotionpicturetheatersmuseumsandmusicstores 13Office general and office supply stores 14 Paint and wallpaper stores pet shops pet supplyshopsphotographicequipmentstorespotterystoresprintingpublishingandmimeographserviceshopsprivateclubsandprofessionaloffices 15 Radio and television sales and services researchanddesignlabsresthomesrestaurantsincludingdriveinorfastfoodrestaurants 16 Shoe repair shoe stores shopping centerssouvenirstoresstationerystoressupermarketsandsanitoriums 17 Tailor shops tile sales ceramic tiles tobaccoshopstoyshopsandtropicalfishstores 18 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 servicewhichiscomparableinnaturewiththeforegoingusesandwhichtheDevelopmentServicesDirectordeterminestobecompatibleinthedistrict 23 Group Care Facilities Category I and II CareUnitsFamilyCareUnitsAdultCongregateLivingFacilitiesinFiddlersCreekonlysubjecttoSection69hereof 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 63 DEVELOPMENT STANDARDS A Minimum Lot Area Ten thousand 10000 square feet B Minimum Lot Width One hundred 100 feet C Minimum Yard Requirements 1 Front yard Twentyfive 25 feet 2 Side yard None or a minimum of five 5 feet unobstructed passage from front to rear yard 3 Rear yard Twentyfive 25 feet D Maximum Height Forty 40 feet E Minimum Floor Area of Structures One thousand 1000 square feet per building on the ground floor F Distance Between Structures Same as for side yard setback 64 SIGNS As permitted or required by the Land Development Code in effect at the time the permit is required 65 MINIMUMOFFSTREET PARKING ANDOFFSTREETLOADING REOUIREMENTS As requiredby the Land Development Code in effect at the time a permit is requested 66 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use outside storage or display of merchandise is prohibited 67 MINIMUM LANDSCAPE REOUIREMENTS As required by the Land Development Code in effect at the time a permit is requested 68 FIDDLERS CREEK BUSINESS INTENSITY 6 3 A maximum of 336 acres and a maximum of 325000 square feet of gross floor area shall be used for the purposes set forth in Section VI in the FiddlersCreek development 69 FIDDLERS CREEK DEVELOPMENT STANDARDS FOR ACLF Fiddlers Creek Development Standards for Adult Congregate Living Facilities ACLF Development Standards for use 23 as set forthin Section 62A hereof shall be as set forth in Section 3 with regard to multifamily dwelling development and not as se forth in Section 63 hereof The limitations of Section 37 shall also apply For every acre of Business designated property dedicated to ACLF or other group care use the allowed square footage will be reduced by 10000 square feet f 6 4 SECTION VIA ISLE OF CAPRI COMTERCIAL DEELOPMNTAREA 6A1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the Isle of Capri business area in relation to th uses and structures No building or structure or part thereof all 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 One 150 room hotelmotel Maximum four stories in height 2 Restaurants not including fast food or drivein restaurants provided however there shall be no prohibition of a drivein as an accessorV to a full service restaurant see Section 811 of the Zoning Ordinance 822 B Permitted Accessory Uses and Structures Accessory uses and structures customarilV 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 6A2 DEVELOPMENT STANDARDS A Minimum Lot Area Ten thousand 10000 square feet B Minimum Lot Width One hundred 100 feet C Minimum Yard Requirements 1 Setback from SR 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 Twentyfive 25 feet D Maximum Height Four 4 stories E Minimum floor area of structures One thousand 1000 square feet per building on the ground floor 6AI F Distance between structures on the same development tract o Twenty 20 feet 6A3 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is required 6A4 MINIMUM OFSTREETpARKINGAND OFFSTREETLOADING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested 6A5 MERCHANDISE STOHE Unless specifically permitted for a given use outside storage or display of merchandise is prohibited 6A6 MINIMUM LANDSCAPE REOUIREMENTS As required by the Land Development Code in effect at the time a permit is requested 6A7 UTILITY SITE BUFFERING The utility site in the northwest corner of this tract shall be buffered in accordance with Section 837 of the ZoningOrdinance822Thisbufferingshallbeplacedonallsides of the utility site with the exception of the northern edge where the preserve area will act as a buffer 6A2 SECTION VIB ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA STIPULATIONS AND COMMITMENTS 6B1 PURPOSE The purpoeof this Section is to indicate the stipulations and commitments which were placed upon this particular tract as a result of the 988 PUD 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 6B2 ENVIRONMENTAL CONSIDERATIONS A Petitioner shall be subject to Ordinance 7521 or the treevegetation 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 sine 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 utlized 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 mix with other species if any The goal of site landscaping shall be the recreation 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 shall 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 6B1 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 development at that location shall be immediately stopped and the Natural Resources Management Department notified Development will be suspended for a sfficient length of time to enable the Natural Res rces 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 anyconstructionalactivities 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 ncessary 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 Commissionspublication 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 andor 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 adjustmentstominimizehabitatdestructionPriortoconstructionareassubjecttoalterationsmustbeflaggedbythepetitionerthealignmentconfigurationsshallbesubjecttothereviewandapprovaloftheNaturalResourcesManagementDepartmentHAllpreserveareasasdesignatedontheMasterPlanmustbeflaggedbythepetitionerpriortoanyconstructionintheabuttingareaandhabitatpreserveboundarieswill6B2 be subject to the review and approval of the Natural Resources Management Department I Any proposed construction of docking facilities andor 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 J All he 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 goal of any approved trimming shall be to maintain the biological ecological integrity of the mangrove system L The inal 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 6B3 WATER MANAGEMENT CONSIDERTIQN 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 socalled 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 6B4 TRAFFIC A Construction of the hotel and restaurant may not commence until SR 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 6B 3 6B5 A All utilities stipulations contained in County Ordinance No 8442 for Petition R847C shall not be amended or modified by the Ordinance approving PDA871C B In the Purpose of Requested PUD Modification Impact of the Development Utilities Explanation the statement is made that potable water for the Isles of CapridevekopmentareaisproposedtobeprovidedbytheCounty County WaterSewer District No guarantee of commktment can be made by the District that potable water will be available to serve the proposed uses in the development area until 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 6B6 RING 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 SR 951 this site should not be developed until SR 951 is four laned as originally stipulated C aly access off Isles of Capri Road shall be in accordance with Ordinance 8291 including left and right turn lanes if required by said Ordinance 6B4 6B7 LETTER OF COMMITMENT Exhibit E attached is a letter dated May 5 1988 from Robert B Leeber President of RL 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 fourlaning of SR 951 6B5 SECTION VII GOLF COURSE AND CLUB CENTER FIDDLERS CREEK DEVELOPMENT AREA 71 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit A as Golf Curse and Club Center 72 PERMITTED USES AND STRUCTURES 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 passiveindoorandoutdoorrecreationalfacilitiesand 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 shopa ice cream parlor dry cleaning store pickup 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 7 1 9 Shuffleboard courts tennis courts swimming poolsandothertypesoffacilitiesintendedforoutdoor 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 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 73 DEVELOPMENT STANDARDS 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 20 G Minimum distance between all other accessorystructures Ten feet 10 H Minimum floor area None required I Minimum lot or parcel area None required J Standards for parking landscaping signs and other land uses where such standards are not specified herein or within adopted Fiddlers Creek design guidelines and standards are to be in accordance with Collier County 7 2 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 7 3 SECTION VIII PARKS MAP DESIGNATION nPARK UNIT 30 UNIT 24 BARFIELD BAY MF AND HORRS ISLAND DEVELOPMENT AREAS 81 PURPOSE 8 The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit A as Parks 82 USES AND TRUCTURES 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 deuermines to be compatible in the district B Permitted AccessoryUses and Structures Accessory uses and structures customaril associated with the principal uses 1 Customary accessory uses of recreational facilities 83 VELOPMENT STANDARDS A Minimum Lot Axea 2 acres B Minimum Lot Width 150 feet C Yard Requirements for Structures 1 Front Yard Fifty feet 50 2 Side Yard Thirty feet 30 8 1 3 Rear Yard Fifty feet 50 D Maximum Height of Structures Thirtyfive feet 35 E There shall be no minimum acreage or lot width for parks within FiddlersCreek so that Sections 83A and 83B are not applicable to FiddlersCreek Within Fiddlers Creek 83C 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 8 2 SECTION IX UTILITY ELECTRIC UNIT 30 UNIT 24 DEVELOPMENT AREAS 91 PURPOSE The purpose of this Section is to indicate the development plan landregulations for the areas designated on Exhibit A as Utilify Electric 92 ESSENTIAL SERVICES Essential services are hereby defined as services designed and operated 6o 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 corner of Unit 30 development shall be used as a utility plant site for sewer or water system utilities andor 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 9 1 SECTION X MARINA GOODLAND MARINA DEVELOPMENT AREA 101 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the GoodlardMarirma Development Area 102 US AND STRUCTURES No building 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 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 attendantsoffice attendants 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 accessoryuses of marina and recreational facilities 103 DEVELOPMENT STANDARDS A Minimum Lot Area Goodland Marina area to be operated as one entity and not to be subdivided B Minimum Lot Width Not applicable C Yard Requirements for Structures 10 1 1 Setback from east property line Forty 40 feet 2 Setback from other property lines Zero 0 D Maximum Height of Structures Thirtyfive 35 feet 104 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 105 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested 106 MINIMUM OFFSTREET PARKING REQUIREMENTS As required by the Land Development Code in effect at the time a permit is requested 107 MINIMUM LANDSCAPE REQUIREMENTS Asrequired by the Land Development Code in effect at the time a permit is requested 10 2 SECTION XI DEVELOPMENT STANDARDS 111 PURPOSE The purpose of this Section is to set forth the standards for the development of the project 112 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 officialCounty Subdivision Regulations shall apply to this project 113 MASTER PLAN A Exhibit A Master Plan iljustrates the proposed development B The design criteria and design iljustrated 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 multifamily residential neighborhood internal roads within the multifamily development tracts will be private All other roads as shown on the Exhibit A developnlent plans of Unit 24 and John Stevens Creek will be public It is intended that the major road system within Fiddlers Creek will be developed and maintained by the Fiddlers Creek Community Development District Developer may at its option develop any roadway within FiddlersCreek as a private road Those portions of the roads depicted on the development plan of Barfield Bay Multifamily and Horrs Island that lie within the security entrance adjacent to SR 951 shall be private roads The other roads in the Barfield Bay Multifamily area will be public roads 114 PROJECT DEVELOPMENT AND RECREATION FACILITIES 11 The proposed development is iljustrated in Exhibit A and FCA for Fiddlers Creek The proposed construction shall comply with all standards set forth and the resulting complete 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 similarinfunction facilities shall be taken to accomplish the above set forth objectives Recreatio facilities shown on Exhibit A and FCA for FiddlersCreek development plan shall be provided and completed in timing with the adjacent residential units The northern golf course in Fiddlers Creek has been constructed by a resort hotel corporation This course will be primarily for the recreational use of their guests Secondarily residentsof the Fiddlers 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 Fiddlers 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 FiddlersCreek scheduled for donation to the County are two community facility sites Neighborhood park sites within Fiddlers Creek will be dedicated to the homeowners association or the Community Development District upon their completion in conformance with the developers progressive development schedule of the project A community facility site will be dedicated to the East Naples Fire Control District in Unit 27 In Fiddlers 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 Fiddlers 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 Fiddlers Creek will be dedicated to the County upon request 11 2 115 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 aong with the recommendations of the various review committees will be used as a guide to the finaldevelopment of the drainage and road systems within the vrious development areas Pursuant to the Agreement between the Developer and Collier County dated April 4 1995 land clearing excavation and filling may occur within Fiddlers Creek prior to platting site development plan approval or building permit issuance Section 13 was not covered by the Settlement Agreement or the Fill Agreement Section 13 shall be governed by the provisions of the Land Development Code except as modified herein without reference to the Settlement Agreement or Fill Agreement 116 STREET CONSTRUCTION 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 FiddlersCreek Certain streets have been proposed for development in Fiddlers Creek which will be constructed pursuant to rightofwaycrosssection depicted on Exhibit FCF 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 117 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power telephone cable television wastewater collection and transport water distribution lines and other similar utilities necessary forOtheserviceoftheprojectshallbelocatedasrequiredand 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 118 WASTEWATER COLLECTION TRANSPORT AND DISPOSAL See 124 of Section XII 119 WATER SYSTEM 11 3 See 124 of Section XII 1110 SOLID WASTE DISPOSAL Arrangements and agreements shall be made with the approvedsolidwastedisposalservicetoprovideforsolidwaste collection service to all areas of the project 1111 OTHER UTILITIES 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 primaryelectricserviceasdescribedin117above 1112 TRAFFIC SIGNAL See 126 of Section XII0 1113 FLOQD 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 Collier County Building Construction Administrative Code 1114 ARCHITECTURAL REVIEW 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 1115 SIGNS All signs shall be in accordance with the appropriate Collier County Ordinances except as set forth for FiddlersCreek in Section 1122 hereof 1116 LANDSCAPING FOR OFFSTREET pARKING AREAS All landscaping for offstreet parking areas shall be in accordance with the appropriate Collier County Ordinances 1117 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 115hereof 11 4 R FIDDLERS CREEK SECTION 13 The following standards and stipulations shall apply to Section 13 of the Fiddlers Creek portion of the PUD 1 The perimeter berm for Section 13 shall meet Land Development Code requirements as to setbacks frcm the property line 2 Provisions for Section 13 to accept or pass through existing flows from culverts SISO01SO 150 and 180 under US 41 shall be addressed by one or more of the following methods a Routing west along north line of Section 13 connecting to US 41 outfall Swale No 1 b Routing south along east side of Section 13 and further south connecting to Fiddlers Creek spreader facility c Routing through projects 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 US 41 outfall Swale No 1 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 offsite 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 1118 POLLING PDACES 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 11 5 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 1119 GENERAL LANDSCAPE DEVELOPME CONCEPT The development of all tracts shall be subject to the then current Cunty regulations concerning landscaping Special provisions for the possible preservation of selected vegetation are provided in the stipulations relating to Horrs island Barfield Bay and john Stevens Creek development areas Special procedures ar anticipated to provide for the maximum possible preservation of native vegetation in these areas A Preservation and Reservation Areas Approximately 15000 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 243 acres of additional land is set aside in Fiddlers Creek as depicted on Exhibit FCA 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 1120 MAINTENANCE FACILITIES A Unit 24 and FiddlersCreek Developer may create a community development district for Fiddlers Creek If such a district is created it will comply with the following requiremente If the Fiddlers Creek Developer creates a community development district The Fiddlers Creek Community Development District pursuant to Chapter 190 Florida Satue8 all the property in Unit 30 owned by Developer will be included within the Fiddlers Creek Community Development District The Fiddlers 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 rightsofway streets 11 6 and roads that are not dedicated to the County at the time of platting 2 The water management systems within FiddlersCreek owned and developed by Developer including lake and lakeshore maintenance 3 Parks other than those dedicated to the homeowners lassoclarion 4 Certain recreational amenities and facilities which are not owned and operated by the Developer other private interests the homeowners association or 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 all powers necessary to achieve their purposes including the power to levy and collect taxes and special assessments borrow money and issue bonds B Horrs Island and the Horrs Island Entrance Road Within the Barfield Bay Multifamily Area A community association the Key Marco Community Association will be set up by deed restriction The owners of all property on Horrs Island and along the entranceway to Horrs Island will be members of the Key Marco Community Association Property Owners 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 Horrs Island including any security system 2 The roadway from County Road 92 to Horrs Island and all internal streets and roads on Horrs Island including all drainage facilities that are not the responsibility of individual condominium associations 3 Parks and recreation areas 11 7 4 Street lighting 5 The historical preservation site and Indian mounds on Horrs 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 andor restore the Captain Horr house 6 IThe bridge across Blue illCreek to Horrs Island including maintenance of all required navigatonal lighting and 7 Such other community areas and facilities which are desired by the residents of Horrs Island but which are not available through local government or private enterprise C Barfield Bay Multifamily 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 associations Barfield Bay Multifamily and John Stevens Creek or individual commercial owners and operators Isle of Capri and Goodland Marina 1121 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLERS CREEK The following Subdivision Regulations from the Land Development Code LDC shall be waived and modified as follows A Land Development Code 3283172Sidewalks will be constructed as shown on the roadway crosssections attached as Exhibit FCF At Developers option bikepaths may be substituted for sidewalks and sidewalks shall be optional for roadways with fifty foot 50 rightofwaysand that serve only one tract or parcel B Land Development Code 32841 The access requirements of this Section are waived and connections shall be as shown on the Master Plan C Land Development Code 32843Block lengths shall be as shown on the Master Plan D Land Development Code 3284165 Right of way widths shall be as shown on the roadway crosssections attached 11 8 as Exhibit FCF E Land Development Code 3284166The length of dead end streets or culdesacs shall be as shown on the Master Plan F Land Development Code 3284169 10 The minimums of these sections are waived and these tangents shall be as dpicted on the Master Plan except for Section 13 As to Section 13 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 328319 Developer reserves the right subject to approval of Collier County TranSportation Department to seek substitutes for traffic and street signs within the boundaries of FiddlersCreek H Land Development Code 3571 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 3572 3 Excavation side slopes and depths shall be in accordance with the aforementioned Settlement Agreement except for Section 13 which shall be in accordance with Division 35 of the Land Development Code J Land Development Code 32841612dThe pavement surface coarse thickness shall be as shown on roadway crosssections as Exhibit FCoF except for Section 13 where pavement surface course thickness shall be pursuant to Appendix B of the Land Development Code 1122 GNS N FIDDLERSCREEK All signs in Fiddlers Creek shall be in accordance with Division 25 of Collier CountysLand 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 1 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 11 9 the development and shall not contain any promotional or sales information b Project identification signs shall not exceed sixty 60 square feet 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 2 Boundary Monument Signage Project monument signs may be located at or near each boundary of the project on SR 951 and US 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 1122A1are met 3 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 thirtytwo 32 square feet in area provided the requirements of Section 1122A1not 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 1122A1 not in conflict herewith B Temporary or Promotional Signage These signs are to direct prospective purchasers and identify the various projects being developed 1 One development announcement sign may be erected on each project street frontage for each tract or parcel identifying the proposed project or project t under construction subject to the following requirements 11 10 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 1122B1not 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 1122B1not in conflict herewith SECTION XII STIPULATIONS AND COMMITMENTS 121 STIPULATIONS AND COMMITMENTS ENVIRONMENTAL ADVISORy BOARD A Copditions Recommended by Environmental Advisory Board EAB 1 Staff recommends approval for all development areas of Rezone Petition R847C with specific regards to PUD Zoning Classification 2 Staff recommends Conceptual Drainage Approval of the following development areas a Fiddlers 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 Horrs Island Barfield Bay Multifamily 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 submitted plans is granted by Project Review Services 6 Historically offsite flows have been and continue 12 1 to be routed through the easterly portion of the proposed development Should the existing routing of offsite flows be impacted by the initial proposed development provisions shall be made for rerouting andor continuing to allow historic off site flows to pass through the initial phase proposed for development 7 Based on prior commitments Ordinance 8826 is to apply except as Section 8 thereof is modified by the approved Conceptual Drainage Plan Marco Shores Unit 30 Sheet GIdated January 1984 Typical Lake Section with respec to lake slopes and depths and further the lake setbacks from abutting rightsofway 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 13 which shall meet the requirements of Division 35 of the Land Development Code 122 STIPULATIONS AND COMMITMENTS o ENVIRONMENTAL ADVISORY BOARD EAB A Stipulations To Rezoning of Category I Lands Fiddlers 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 15000 acres of valuable 12 2 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 243 acres of additional land is set aside FiddlersCreek as depicted on Exhibit FCA 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 krchaeological 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 Developers archaeological consultant andor 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 leEpond 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 Developers 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 12 3 development area swales andor 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 13 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 predevelopment 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 which shall comply with the applicable requirements of South Florida Water Management District and Collier County 5 Other a Native vegetatio 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 i not feasible make native species that would otherwise be destroyed available for the use of qualified individuals eg the Native Plant Society Applied Environmental and Engineering Services in the restoration or enhancement of other Marco Island areas eg 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 Environmentalists memorandum dated may 12 4 15 1984 B Stipulations to Rezoning of Category II Lands Horrs Island Barfield Bay MultiFamily 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 RUE lands will be mitigated where possible by the transplantation of native plants to adjacent undisturbed areas c At there areas the loss of RUE 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 Environmentalistsmemorandum dated May 15 1984 The following areaspecific recommendations further clarify these generalcommentsHorrsIslandandBarfieldBayMultiFamilyAreaCfThemajorityofHorrsIslandexcludingthemangroveareaswithinthedevelopmentlimitlineandallofBarfieldBayMultiFamilyAreaCFigure1areclassifiedasRUElandsbecausetheexactcompositionandlocationoftherareuniqueorendangeredplantcommunitiescontainedthereonandtheoccurrenceanddistributionofanyclassified125 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 EISOrdinance Because the information supplied on the characteristics of the upland areas of Horrs Island was not sitespecific 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 shall 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 Horrs Island and incorporated into the final LAB review and approval of the site and drainage plans for the area is required by County Ordinance 7766 under the terms of Resolution R8286 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 IftheDeveloperorthethirdpartypurchaserdeclinestohavesuchsurveysconductedResolutionR8286precludestheCountyfromrequiringsuchsurveysasapartoftheEISreviewonCategoryTwoLandsotherthanHorrsIslandtheCountyEnvironmentalSectionewiththeassistanceoflocalexpertswillundertaketheseanalysesinconjunctionwithAppliedEnvironmentalandEngineeringServicesifdesiredandincorporatetheresultsintotherecommendationsregardingthesiteplanbeforefinalapprovalwillbeconsideredkAllsitespecificsurveyswillbeconductedpriortoanysitealteration126 1 Those surveys conducted by the Environmental Section will not delay Developers timetable m Surveys for multifamily lots on Horrs 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 ie0roads water management facilities o Surveys for Developers activities must however cover enough of the surrounding areas to enable the selection of potentially more suitable locations John Stevens Creek and Areas A and B of the Barfield Bay MultiFamily 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 RUE lands q At these sites RUE 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 RUE areas however only those activities that will not significantly alter those areas natural characteristics will be acceptable Such activities could include bike paths vita courses nature trails and other low impact activities s Road corridors through RUE 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 RUE areas 2 Archaeological Resources a The archaeological survey of Horrs Island to be conducted by Developers archaeological 12 7 consultants will classify all sites as significant those needing to be preserved and marginal those where only a recovery digisnecessarypriortositedevelopment b The results of this survey will be incorporated in the final site and drainage plans for Horrs Island c Although not required a similar survey is strongly recommended for other development sites within Category Two Lands which are classified as RUE 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 predevelopment surveys a program will be established allowing assessment of any archaeological sites or artifacts uncovered during site clearing grading excavation or construction f 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 of 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 necessay excavation in a timely manner so that construction is not unnecessarily delayed O 3 water Resources a The final water management plans for Category Two Lands shall be designed to minimize the clearing and alteration of land in RUE 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 12 8 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 RUE 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 Horrs 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 sideslope RUE 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 andor adjoining wetlands will be partially or completely treated in the rDadside 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 semiimpounded wetlands buffered from productive aquative and wetland areasbydistancetopographyorexistingroadswillbeutilizedhPotentialdischargepointsareindicatedonFigure1iInordertominimizethedegradationofwaterqualitybytheadditionoffertilizerspesticidesandherbicidestheareaextentoflawnsaroundthedevelomentwillbekepttoa129 minimumTheEnvironmentalSectionrecommendsasoddedareaofnomorethanfivepercentSofanystructuresareakTheuseofretainedandtransplantednativecovernaturallyoccurringunderexistingconditionswillbeemphasized1ThefinalwatermanagementplansforallCategoryTwoLandswillbereviewedbyEABtoensurethattheyintegratenativevegetationandexistingdrainagefeaturesandaredesignedfollowingtheconceptsstatedintheCountyEnvironmentalistsMay151984memorandumdepictedinFigures3and4mDuringplanpreparationDeveloperwillworkwithCountystafftoarriveatafinalproductcompatiblewiththesegeneralguidelinesandtheassociatedconceptualdiagramsnWheretwoalternativewatermanagementapproachedexistthatapproachwhichwillbestservetominimizealterationofRUEareaswillbechosen4OtheraNativespecieswillbetransplantedfromdevelopmentsitestoborderareasbWheretransplantingisnotfeasiblenativespeciesthatwouldotherwisebedestroyedwillbemadeavailablefortheuseofqualifiedindividualsegtheNativePlantSocietyAppliedEnvironmentalandEngineeringServicesintherestorationandenhancementofotherMarcoIslandareasegCountyParksitesonMarcoincludingTigertailParkotherDeveloperdevelopmentareascNativevegetationeitherexistinginsituortransplantedfromconstructionsiteswillberetainedandusedwherepossibleforlandscapingandorgroundcoverdAllexistingexoticsonsitewillberemovedasrequiredbyCountyOrdinanceeTheuseofintroducenonnativespeciesfor1210 landscaping will be severely restricted f All construction clearing and filling locations in or adjacent to designated RUE 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 Environmentalists 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 38 of the Collier County Land Development Code with the condition that the stipulations contained in the County Environmentalists May 15 1984 Memorandum are followed 2 Specific stipulations to modify site plans for all Category I and II Lands except for FiddlersCreek 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 FiddlersCreek 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 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 sitespecificinformationtotheextentthisprovisionisnot 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 based in some cases on required vegetational surveys are reviewed and approved bystaffandadvisoryboardsexceptasmodifiedfor Fiddlers Creek by the Agreement between County and Developer dated April 4 1995 7 Flagging 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 orrs 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 Environmentalists 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 12 12 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 Agreement will in cooperation with the iDevelopers of all Category I and II Lands except for Fiddlers 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 US Army Corps Engineers permit Exhibit D 12A Wherever vegetation is discovered on any Category I or II Lands 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 D2 D3 D11 D46 D47 and D48 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 D11 D46 and D47 Note The above applies to the following development areas 1 Barfield Bay multifamily 2 John Stevens Creek and 3 Horrs Island Exhibit E 1A Wherever vegetation is discovered in the Barfield Bay Multifamily John Stevens Creek and Horrs 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 Horrs Island and Collier County determine that to do so will reduce the adverse impact on such vegetation in this Exhibit E 1 Multifamily tracts and roadways abutting wetlands shall not be required to have a 12 13 minimum ten foot 10 wide by six inches 6 deep swale 2 Multifamily areas shall not be required to drain toward rear yard swales 3 Developer shall be excused from compliance with the onehalf inch M 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 US Army Corps of Engineers or are otherwise not legally permitted the Developer of Horrs Island shall design the Barfield Bay multifamily John Stevens Creek and Horrs Island developmeDt areas as provided for in the Settlement Agreement however taking into consideration any provisions of the additional Exhibits as have been fully approved 123 STIPULATIONS AND COMMITMENTS SUBDIVISION REVIEW COMMITTEE 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 Engineers 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 12 14 124 STIPULATIONS AND COMMITMENTS UTILITIES 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 authorizes Deltona to undertake the responsibility for sewer service as provided in 1 of this Section by granting the following modification to Deltonas 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 presently within the sewer franchise area that is included within such Development Area b Not withstandin this modification to the Sewer Franchise Agreement Collier County shall provide sewer service to those areas known as Unit 24 and Fiddlers 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 dedicationsCollier 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 12 15 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 100 per annum payable annually in advance 3 Lessees 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 Lessees 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 purchase price shall be determined by adding 1 The amount of Deltonas investment in the sewage treatment facilities serving such Units 3ess any salvage value of the 12 16 treatment facilities if Collier County does not desire to take title to such treatment facilities and less any portion of Deltonas 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 Collier County Utilities shall provide all wastewater treatment services to that part of Fiddlers 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 WaterSewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lying within any nonfranchised 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 nonfranchised areas shall be dedicated to the County WaterSewer District prior to being placed into service 12 17 4 All water users in the nonfranchised 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 125STIPULATIONS AND COMMITMENTS TRAFFIC Subject to FDOT approval the Developer or a Community Development District formed for Fiddlers Creek shall provide the following A Traffic signals at each of the new intersections created on SR951 and US41 when deemed warranted by the County Engineer The signals shall be owned operated and maintained by Collier County Bo All required auxiliary turn lanes at each new intersection created on SR951 and US41 C Street Lighting at major entrances into the development D The Developer of Fiddlers Creek has contributed an 184 acre fill source to Collier County to supply fill for the wodeningof 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 existingfourlanesofStateRoad951andbyexecutionofsaid Agreement All such prior restrictions and conditions on development related to traffic impacts are no longerapplicableAllpriorobligationsofDeveloperunder 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 CountygrantingtheCountytherighttoenterupontheproperty for the purpose of excavation of the fill needed for the fourlaning of State Road 951 The Developer shall provide traffic signals at internal intersections when deemed warranted by the County Engineer 126 PLANNING DEPARTMENT The Planning Department reviewed this petition and has the following recommendations 12 8 A That the staff report recognize that SR951 after four laning will be approaching its capacity in 1990 and that appropriate recommendations be made to include the future 61aning of the northern most section in the countys Comprehensive Plan B That Unit 24 be prohibited from any development until SR 951 is 41aned or the applicant be required to donate to the qounty the cash equivalent of the construction cost for the 41aning of 500 feet of SR951 This donation to be used by the County solely for the 41aning of 951 shall be determined according to FDOTs SR951 construction plans and shall be made either prior to Unit 24s 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 fairshare contributions included within these recommendations C That the Isle of Capri Commercial PUD due to the level of service of SR951 closely approaching D be prohibited from any development until SR951 is 4laned However site development work including clearing and filling may be performed on the site prior to the 4 lanng of SR951 provided that such activity is otherwise in conformance with this PUD Ordinance particularly but not limited to the environmental and water management sections Do That the Developers of Horrs Island and John Stevens Creek be responsible for the reconstruction of the intersections of SR92 with the road to Horrs Island and John Stevens Creek In the event that the State purchases Horrs Island Developer of Horrs 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 SR92 and the road to Goodland e F The Developers contribution to the County of an 184 acre lake as a source for all the fill needs of the entire redevelopment of SR951 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 SR951 and US41 and compliance at the time of building permit with Collier County Ordinance 8555 as amended from time to time The fill contribution any required intersection 12 19 improvements and compliance with Ordinance 8555 have been determined to satisfy the conditions of former Section 4D9K4of Collier County Development Order 843 The Agreement between Collier County and Developer as described in Paragraph 9C fuly and completely satisfies Developers obligations for all fair share contributions for the residents 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 countywide transportation impact fees G Any construction road or private roads installed from FiddIers Creek to US Hwy 41 will be made available to Collier County as an alternative emergency evacuation route upon request by the appropriate Collier Countygovernmentalofficial It is intende 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 127 FIDDLERS CREEK STIPULATIONS AND CONDITIONS A Nc filling of the eastwest canalsditches contained on the 229 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 FCA hereof B If the development activities in Fiddlers Creek are the cause of flooding in the PortAuPrince Project Developer shall take immediate corrective action C Agricultural uses shall continue to be permitted on the undeveloped portions of Fidders Creek lying within Section 13 Township 51 South Range 26 East Collier County Florida 128 FIDDLERS CREEK STIPULATIONSAND CQNDITIQNS WATER MgNAGEMENT A The Developer shall make provision to accept or pass through existing flows from culverts SIS00S0 150 and 180 under US 41 by one or more of the following methods i Routing west along north line of Section 13 connecting to US 41 outfall Swale No 1 12 20 ii Routing south along east side of Section 13 and further South connecting to Fiddlers Creek spreader facility iii Routing through projects 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 temporary easement to accommodate the construction of US 41 outfall Swale No 1 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 offsite flows shall be dedicated and recorded within one 1 year of the approval of the fezone of Section 13 pursuant to the process set forth in 16B hereof 3SEiON1PFNLNoveer 14 1996 12 21 l Fiddlers Creek Trac i3 EXHIBIT t UHIT L OF GAPR I MARCO ISLAND BARFIED JOHN TE EH iH LEFAI ilLY O GOODLAND ARIHAISLANDLOCATION JLeeaTllJeI IllI41eJl14elFLeeidajltlOdilledlllJIJ14wCl36ItCellillCelllyeLvJcujLr I 36Te i llfeMIttellde r r 2 s L c 2 elC1II11 el h Weeell l Isle lyisI Is ICCIIGsl 11 13 Id lie TOslllt SI IOUTI LlCit fLITGILlLee Celllye rimfill isis sfl Ii ll l ZIlleilllties41tlletstliesIhelettel41disisle121114IQIe4 I seliel ettli IJ4 flellellT 1ft41 e If1 I 7te4 set4 teethfly T sloeel iIllitel Uees II dillheel e Illl feetl IsM S 4etsldee ILIl fedtl L414e elllTelll diduses Ig lldl leeif Illsee IlllltelI dillslee e illell 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feet lll14iteg a dietella el tli mtt tileace lilelleitt i ll e dietsACe l 34tdilLemitmEZIIlltfSIlenCeIJlj eetll theewe IlteiTeledilLlaCe l llitl letl teeale dtlteMI Ittlfeeif thence I111t4111 I disreact e felt lieall 1llelilel a dillemit l tlII tell Iltellellel m diltelee 37II emil itsace lllJlllw dillsace e 3311 geeif thence MIeIIeIleM dillsaCe e 3Jli feeif tamale lllielleM I dietlace l 31t emil Ille41ll dietsace el 3T IZ feltf lilmll llleilel TM a dilllame of 311lfeeif themes IIeiLoIIeM I dietsace eg flail lienel liJeTeeaI dietslee eg Jell feetl thence IJieliellel I dillonce el 31 S4 geeif tienil llilleJlWa feel ae aa laeflecttmwt e lestamity allit et vet Line e lllte e4 Me I3i lilt0 wide atlas it Marl am limit fetlevtm gemfeel atenl moil lentbefiT Itlbt e MeT Lime I J343I4 dlltieel lllifeet ts tie e fvatm l t lifesill lvee elee le lleellt klth IfNtel e 3113i emil lie I I tbe Ii see dietsace eC lltt feel e Hla el leefb44IIr31llei a dictate I ZInc el leeSten II r Emma telJill Clamlye fillJdll Ilemle llJeleli iXe amid leelilly ptal leeely a meetlea line a 4tetce el EXHIBIT C IlJtellvadistance el telIS IslEt tileca Illl Pllelells I diseases el SOIS list Ekenee lil4491v eLiteAce el Jdllt0018 tlel4e 13103v 0 distends e 41elEasEltkeeItslEepierSdietepeeeJlJ3SlEasEllil4JJlledislikeel4131feetllilacsIlleliItdialsteeel1134fatallieNco133llelTetedietsniteIILleeLIIIIMeIlielJe134gIdleeadeeJl3lfel13333llIdietideeflCelttiielITliev featl tbeelJ4ltlel I dtlta4OE IZ featllte33e31lIdistaMeellJI1feetfEkeacefJellelTldiStanCe11143silltillca141leJ3olIdistanceeItto lileleloEadtlteee Sll flail tiece SetlE feel tillEl 144I2eEedilltill IE 112feeif 431 I dictate e 3t13feel le uefeelf Cellll J14 ecles ce of Z4lee I LEGXL DECRIPTIO accel o land 600 ee In vith lying in RCO 3EICH 3IXTEH according to the plat thereo aa recorded Ln Pla Book 6 Pagee 112 hough 118 nclusve o the Public Recod o Collier Coun Florida and aCO BEACH lT NTY according to the pla hero as ecorded Ln Plat Boo G paethrough18otheFublLcRecordsoEColleCountyFlorida and lLng 300 eet each side o a eaured adLall and perpsndcUlal0 h ollong escbed cenelne Commence at the cenerline intersection o ate Road No g2 and State Road 92Ias shorn on said pla oi Hacco Beach Unit Tveny thence along said cenecline oC Stae Road Ho 92 a 200 RH run 3874100Ha distance o g830ee thence leaving said cenCeline run 021900E a dl3ance o 10000 ee to the 3outhecl Righ o ay Line o 8aid Stae Road g2 aid line being common vith the Northerly pla boundary o aoreaaidHarco Beach Unl 31xEeen thence along aid Right o iy Line 10000 Zee South o and parallel o centerline o 3ateRoad No g2 run H87e41OQE a distance o 8194 e to a point on the arc o a circular curve concave the Northeast having I radius oZ 11000 eet said poin being h POIHT OF BGINNINGo the hereinlttr described centcline and bears 812115Hrom the center o the circle oC cuveJ thence leaving sad Southecl aigh o Hay ine run outheaerly along the arc o said curve and along aid centsrline through a central angle oE 1005015 an arc distance o 19359 eet to the Point oE fangenc o said curveJ thence H703100 a distance o 31500 Celt to the aorementioned outherly Righ oC ga Line oC 2tale Koad o 92 and the Poin Termination o said Centerline Description 8aid poin H8741OOE a distance oE 44276 eet rom he aCoctsaid Poin Beg inning Exending or shortening the aide lines oC 8aid description o o intecBe vith the aforesaid Southerly Rlgh o ay Line 3t8e Road No Conaining 077 acrea more or LEGAL DESCRIPTION COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 15 CONCRETE MOBKR4ENT TOWNSHIP 51 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA RUN N 885655 W FOR 146524 FEET THENCE N 022906 E FOR 69466 FEET ALONG THE EASTERLY RIGHTOFWAY LINE OF STATE ROAD 951 THENCE S 885847 E FOR 143923 FEET THENCE S 002025 W FOR 69529 FEET TO SAID SOUTH QUARTER CORNER LESS AND EXCEPTING THE WESTERLY 17 FEET OFTHE HEREIN DESCRIBED PARCEL OF LAND FOR THE PURPOSE OF ROAD RIGHTOFWAY AS SHOWN IN OR BOOK 001166 PAGE 001070 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND ALL OF SECTION 13 TOWNSHIP 51 SOUTH RANGE 26 EAST LESS THAT PORTION LYING NORTH AND EAST OF US HIGHWAY 41 COLLIER COUNTY FLORIDA TITS XGXrT XCHTtad and and CGtLIEI COUNTY a LitPeEL eubdtvieten riot Ida reerred to ae tILe vTTNCSSCTK Xgl t is metuaZy efitood And elfted by the portion to thee iceanent tatthee Allotment ts entered Into a the directon fC the CoMmIT oc the potpose ctLzemme XXtoc Coty a the cckasef8 First tarry siZe complete h4telngttec described and to induce the County to approve the theLit heroinetic the lutvtstoaaFroYemenl VNCCXS the estimated coata to complete the Subdivision Impcovenants ace let ofth Oh Exhibit on attached haleo wxtX Lt iS the Ffpe3e e the rfltlaity tA AILments to affsnqe and alton utth the Second Patty Lot the pucaatto CoLLier COunty labdiVeSon hecenaterthe SubdtytltoQ XtqqZalons and MCICS SeCond Party has consented to act as Cscfov qents HOV TKCtCrOlC the patties upon the considerations Omee klece the gLgteencll liStIs dil og evlcy lLllet SIsiLL 7 I Clell ce e lL4 cl Second 41 te bllmceeC tie escrow legHat exceeds a aBeeeL lqui 22 2 tvLatee mpceveaemts have beem tompLated accecdLM te the aid IpecLELcItLInl halitegore glued vLtkgke CalmLy IvLdeacLH te eke Celnt 9It e ewlentipcerements petLea eteeg hive beam 4empXeted I pied gee in t el the Catfared KoaLas a e aueat a marmot set focth a the Count amy met vtoXd apfevaWILLIam cnnsent tmltCSCteae eg the Cleat7 dlXLveged te the gecemd afty xvmI sod setheeLsel float FifeT to vtbdtav tittered ftyafLlhtto vLdcav e tattered Xotiea we apprwved to the pcoftsLons SectoredRanLea i luck obtg tLene0the OnLted St teetacLedt ibatnot tmtt dto hired tit lTti lutILLL Untied States T seleCTWOtAI and n tsdStates Covstnmen lends ec ta CettL tcateaeC Qepesti A first IAtt miy Cram tae te time dicecat pcevided hovevet ti ts a teedthat Second Patty shaLL sot be teq Ltedte Layeat mote eZteo than qitietLlAn4coviJed litbet that eendPetit Iha Lmike IaCchifete suck investments onL tn units el One Tileenamel IL FQIU4LXIAof mote dieflY ICCOQRto 4 IlLlute el t efirst IAft tl timpiece the Subdivision mpfovemeetf viehim treatS goatlag Ls facetdid LA shaLL cenlttiute IdeCeLielthLs X cemenand suck ds auttskill continue uatLL feint Pertr camptotes the S odivtstontapcerements O ttolanT period el deCguSt Second fatty skniL ko deke ticloved Henlea oFthe cooeat end benttit ethe County and dollsl each polled IGNIS vILlein Lestfaction grim the Cecilred MenLea sa the County tom tire tO time teqoifel to complete the Subdivision improvemimic Any lcteved Rental eeastnt lattecthe Sebd vletenImprovements have been ceopXesed tesseyed inaccordance vlt he Zave uthe State ofiefida indirectly live pqbLtctty toof adve ttsethe existence ethLs tfeaent orbit thin constitute a chete upin te tattered nooses Second Fifty vLZ fecevs eep and aceoust of all g laity except as m0y be pCovlded cabstulsa by tedtfactto Latin consent o te County Second Factp vtZ efntsh the county specifies otkefvLss physcsJ proSfuss cupola iq otth the conFLatten etatun et the Subd LvtJlon loFteve s shall ha tufaasked b flags acty mienI ttb each J Second Fatty vLX dtsbeCss the strayed nontee only as doborn pcovlded jtvtnq thtf ty 3aS days peter writtat notLee to the first and the Count and the Otter Patti sheaXe vtthtn such A e ttae eppotnt successor egGcoy 41eat vktck ts able to the County to succeed the Soc94 Fifty tg vtthtn d Fifty leacassia to the foklIlft ekstNet kve keen ted the Second Fifty shi Realty the CoMIty vhe stall tO any COUCt 0 COtpetSAtJuCiSdtCttot fan appslttaent et meet Zt ts mutually allcad by e pactLee st aa ttabtZtt and srty eC LOs ecceaaetls ezfeaXXmLted aM le ion1 end hcty at L successeta tcouQtaanddisburses ta Seed to compance vtth thai Aftcement ill gscteved ontes it I liea feared and delivered l QCLTA tA the presence ego tscre Attesr s Thai Altoomen has been svbmttted to the County and is hereby eppcovod Boxxoor courrr CTSSZONCS COCXCQTY rLQKZDA Ullam Hinl tFttsict fS OF CAYR1 C IVIC sla ala Ttvt Uesc les o ptFloctda 3331 I s result e ou Cvo facet meltlnls vttb you and other members of the lvtc Ass0ctacoo Z wiCe chts leeeft to fesff eve psLcoteGsdtnl property located ac the cornet o Sg 195 and SIIg2 cgthe sttts you and other meetl of the Assortscleft cltned certain concerns lardtn2 out request c0 change the exercise teatsI Please alov me co rst tn telsods co the vatl stce to hits of pct Mr JodeJ it has lnfot dme though architect chat vh S tJEStts the octss e ttn gout laoeds a n ll vs troats cxcznsto donE S lI1sea CrifZlth XLI sYto the Isles of Dprt pump be stslled tl eetu lconcerttdtJ skselfIce r Chic ve My 4ec tnavbechet ch ma vt be adequate co handle o cds in addleion co C sog lilts o pt SIf lC iS noC vt have Kton co uce propeT se tctto tve oneor l should the c nc7so request e vtlI X Lto Dtlto aUtilities Co estate usb7btldga valet treatment ctltt7 to crest Delcone sray vicar chaC pru tl7passeo the Isles o p iaa rp the preyLout e l4er chts ton gthere art ovec 100 dee ferret comerelaX uses all4 edfinalES re mvcoHbtle seduce scat oneuLpmuC tentslag funeral mcs and leestifles Co vicechary clLnLcs Hd tic asheS Also allovabl Ss uy ether comxrctal use oc pco tfsLoalse 1ctich LI comparable tn nature rich the forelo nIuses and vhtch the nLnt ILlerrors dcte LnCo be c paCbltthe d lrctViact ttquesttn2 that th lCU WeACzestsI vtth s Xtostl m tstatedand s ed lcttttonacybeanled to all H Tthe coolLyorion of a t to ceL and fescautan Qthe co eCVe ate tequtsC1uI petaLslion to uncle takecon struction on the Itte pzLot tO the tout lanesI of S 195 tch is clearly itchthief4 by the tUDdocket and the gtgtons tlanu 2ctt develop sent Otdt and ut act hog ttquest nIpt illiontO dO any cltattn or Fate 2 sZeJlanXey I o the sloe prior Co the our lanLnI oZ 5g IgJl Ic Ls epptoprLace co S7 btre chaC tha aLOe ta the on17 one on the south potsion o the road suitable for so as s conactcolon acilicy during the our laing o L IThe poxaiblXlt7 oI usn s portion o this lice ior this pro pse gas discussed vith the cony and ve have no oJeccio olI sllog s e use lot he Xsng ie ceI pa Ls aesCheCCly tpsg d vL tract o17 ha of Che craf prayida rooms sC resssblt es for area guests arts residents sad luescs e pprtcLed the oprtunlc7 to meet rich you end otht Assoctscion 1C LJ on desze to k vich 7on to ensure chac vhecever s built on the site Is the best thsc iccan be V tncovrsSe your support end lookIo scd Cohtsc ibscfou Ionreitzd t7oucfeel is on our equesC to thecounc Co rexone lhuk 7on for loutc e end considerscion Koberc ILebecresidentHcJamtlFrinse1ArchitectIIcGNrIeVegafquiretle PROPERTY DESCRIPTION Parcel 1 A parcel of land located in Sections 11 14 15 22 23 24 and 25 all being in Township 51 South Range 26 Easl Collier County Florida being more particularly described as follows I BEGIN at lhe Nodheasl comerof Section 22 Township 51 South Range 26 East Collier County Florida thence run Nodh 885851Weal along lhe North line of the Northeast 14 of said Section 22 for a distance of 273826 feet to the North 114 corner of said Section 22 thence run North 001843East along the East line of the Southwest 14 of said Section 22 for a distance of 69526feet Thence run N 885811W for a distance el 142207 feet to a point on the Easterly rightofway line of State Road 951 a 20000 foot rightofwaythence run South 022939West along Ihe Easledy rightofway line of State Road 951 for a distance of 223243feet Ihence run South 865419 East for a dislance of 132220feet thence run South 892722East for a distance of 12579 feet thence run South 803836East for a distance of 8682 feet thence run South 485739Easl for a distance of 14349 Ieet lhence run South 223828East for a distance of 10119 feet Ihence run South 071634East for a dislance of 15901 feel lhence run South 222703Easl for a distance of 8097 feet Ihence run South 515053East for a distance of 12440 feet thence run South 740440East for a distance of 14406 feet Ihence run South 854526Easl for a distance of 18762 feet thence run Nodh 820211East for a dislance of 10847 feel Ihence run Nodh 286336Easl for a distance of 10427 feet thence run Horth 102656East for a distance of 8733 feet thence run North 460957East for a distance of 16184 feet thence run Nodh 684014 East for a distance of 19180 feet thence run Nodh 790854East for a distance of 12122 feet thence run South 873302East for a distance of 27566 feet thence run South 853634East fo a distance of 19637 feet thence run South 873951East for a distance of 18504 feet Ihence run South 872143Easl for a dislance of 10583 feet Ihence run Nodh 855157 East for a distance of 8675 feet lhence run South 875025East for a dislance of 5397 feet thence run South 4321 06 East for a distance of 9683 feet Ihence run South 895117 East for a dislance of 5510 feet Ihence run South 124505East for a distance of 4821 feet ihence run South 541748 East for a distance of 25273 feet lhence run North 553051 East for a distance of 8375 feet lhence run North 745613East for e distance of 6415 feet lhence run South 820755East for a dislance of 6059 feet thence run South 513621 East for a distance of 15930 feet thence run South 001144Wesl for a distance of 12056 feel thence run South 021206West for e distance of 16685 feet thence run North 803408East for a distance of 10680 feel lhence run South 775252East for a distance of 12293 feet thence run Nodh 851120East for a distance of 11584 feet thence run South 733125East for a distance of 10653 feet thence run Nodh 785826East for e distance of 5197 feet thence run Nodh 054154East fore distance of 12598 feet thence run North 01 4154 East for a distance of 7772 feet thence run North 154351East for a distance oi 16405 feet thence run North 215544East for a distance of 14105 feet thence run North 235120 East for a distance of 14254 feet thence run North 534738East for a distance of 11607 feet thence run North 880101 East for a distance of 14507 feet thence run North 380059East for a distance of 36942 feet thence run North 394319East for a distance of 29943feet thence run North 444834East for a distance of 10844 feet thence run North 742058 East for a distance of 10117 feet thence ran North 772810East for a distance of 11754 feet thence run North 412916East for a distance of 10286 feet thence run North 162545East for a distance of 6807 feet thence run North 321613East for a distance of 9928 feet thence run North 560735 East for a distance of 11520 feet thence fun North 225312East for a distance of 13257 feet thece run rlorth 345540East for a distance of 8102 feel thence run North 671428East for a distance of 6826 feet thence run North 760718East Iora distance of 7737 feet thence run South 861959East for a distance of 26341 feet hence run South 141546East for a dislance of 8369 feet thence run South 235659West for a distance of 5861 feet thence run South 565017West for a distance of 14177 feet thence run South 481420 West for a distance of 11087 feet thence run South 465904West fro a distance of 8608 feet tIence run South 241717West for a distance of 7868 feet Ihence run South 590357East for a distance of 3226 feet thence run South 761425 East for a distance of 28774 feet thence run South 870056East for a distance of 15116 feet thence fun South 682626 East for a distance of 11550 feet thence run South 431327East for a distance of 11277 feet thence run South 183402East for a distance of 22003 feet thence run South 211818East for a distance of 17200 feet thence run South 183308East for a distance of 16352 feet thence run South 764426East for a distance of 12593 feet thence run North 742622East for a distance of 11509 feet thence run North 473417 East for a distance of 5595 feet thence run North 120643West for a distance of 6972 feet thence run North 311844West fof a distance of 10054 feet thence run North 163857West for a distance of 13388 feel Ihence run Nodh 095300Easl for a distance of 21352 feet Ihence run North 482823East for a distance of 11996 feet thence run North 873026East for a distance of 3364 feet thence fun South 323751East for a distance of 13809 feel thence run South 405224East for a distance of 12501 feet thence run South 391722East for a dislance of 11506 feet thence run South 621824East for a distance of 14581 feet thence run South 612150 East for a distance of 12140 feet thence run South 594944East for a distance of 11557 feet thence run South 745034 East for a distance of 9471 feet thence run North 242443 East for a distance of 9183 feet thence run North 405229East for a distance of 24762feet thence run North 402340East for a distance of 27626 feet thence run North 395320 East for a distance of 41153 feet hence run South 581326East for a distance of 96209 feet thence run South 190918East for a distance of 9631 feet thence run South 084522West for a distance of 12108 feet thence run South 132507West for a distance of 15904 feet thence run South 200246West for a distance of 18988 feet thence run South 571910 West for a dislance of 55988 feet thence run South 770505West for a distance of 32757 feet Ihence run South 431414West for a distance of 40158 feet Ihence run North 660810West for a distance of 5449 feet thence run South 640714West for a distance of 4431 feet thence run South 482322West for a distance of 3508 feet thence run South 111006West for a distance of 17479 feet thence run South 041255West for a distance of 15170 feet thence run South 002651East for a distance of 13106 feet thence run South 075723 East for a distance of 5202 feet thence run South 053211East for a distance of 7370 feet thence run South 394225West for a distance of 6013 feel thence run South 752424West for a distance of 51363 feet Ihence run North 71 2516 West for a distance of 7808 feet thence run North 543146West for a distance of 29273 feet thence run North 365316West for a distance of 8854 feet thence run North 750238West for a distance of 10142 feet thence run North 580721West for a distance of 14539 feet thence run North 631652 West for a distance of 10054 feet thence run North 701601West for a distance of 5257 feet thence run North 761847West for a distance of 13912 feet thence run North 881846West for a distance of 11858 feet thence run South 782537West for a distance of 12058 feet thence run South 704234West for a distance of 5835 feet thence run South 543315West for a distance of 23673 feet thence run South 013317West for a distance of 30471 feet thence run South 300816 East for a distance of 19440 feet thence run South 013106 West for a distance of 13928 feet thence run South 240925East foa distance of 31735 feet thence run South 073957East for a distance of 61863 feet thence run South 051432 East for a distance of 4849 feet thence run South 863733 East for a distance of 14420 feet thence run Nodh 745846 East for a distance of 8450 feet thence run Nodh 894958East for a distance of 16694 feet thence run North 544025East for a distance of 15508 feet thence run South 870416 East for a distance of 18390 feet thence mn South 753001 East for a distance of 29256 feet thence run South 740729East for a distance of 16437 feet thence run rlodh531213East for a distance of 7741 feet thence run North 712237 East for a distance of 8520 feet thence run South 855326East for a distance of 9210 feet thence run South 832330East for a distance of 12898 feet thence run Nodh 685410 East for a distance elr 10070 feet thence run Nodh 553222East for a distance of 14801 feet thence run North 322517 East for a distance of 23505 feet thence run North 331422 East for a distance of 19906 feet thence run Norl h 483803East for a distance of 11162 feet thence run Nodh 400931East for a distance of 9663 feet thence run North 180303East for a distance of 28556 feet thence run North 585534East for a distance of 36704 feet thence mn South 723946 East for a distance of 9019 feet thence run South 680501 East for a distance of 8810 feet thence run South 322950East for a distance of 13426feet thence run Nodh 582015East for a distance of 100612feet thence run Nodh 084907 East for a distance of 12176 feet thence mn North 860120East for a distance of 7603 feet thence run South 815611East for a distance of 6299 feet thence run South 622255 East for a distance of 6106 feet thence run South 285542 East for a distance of 9672 feet thence run South 070501 East for a distance of 9849 feet thence run South 202401West for a distance of 9727 feet thence run South 643014Est for a distance of 11977 feet thence run Nodh 425749 East for a distance of 6857 feet thence run Nodh 192304East for a distance of 15814 feet thence run Nodh 752814 East for a distance of 44692 feet thence run Nodh 065607East for a distance of 17875 feet thence run Nodh 661210West for a dislance of 6359 feet thence run Nodh 712418 West for a distance of 12329 feet thence run Nodh 505300West for a distance of 11215 feet thence run Nodh 160421West fore distance of 8640 feet thence run North 285224East for a distance of 6266 feet thence run Nodh 694226East for a distance of 9121 feet thence run Nodh 885704East for a distance of 13796 feet thence run South 511523East fur a distance of 6698 feet thence run South 575946East for a distance of 9038 feet thence mn Nodh 835739East for a distance of 18560feet thence run South 695336 East for a distance of 10327feet thence run South 332720East for a distance of 4782 feet thence run South 01 0711 East for a distance of 17602 feet thence run South 571059East for a distance of 9042 feet thence mn South 595200East for a distance of 21596 feet thence mn South 405050East for a distance of 10090 feet thence run South 014110West for a distance of 22155 feet thence run South 442543East for a distance of 17722 feet thence run South 571706East for a distance of 19466 feet thence mn South 494129 East for a distance of 23447 feet thence run South 514512East for a distance of 28565 feet thence run South 464839 East for a distance of 7727 feet thence run South 552625East for a distance of 8785 feet thence run Nodh 833701East for a distance of 5443 feet thence run Nodh 593802East for a distance of 13338 feet thence run Nodh 860802 East for a distance of 7748 feet thence run South 670155 East for a distance of 11858 feet thence run South 450614East for a distance of 256069feet thence run North 295254 East for a distance of 8521 feet thence run North 273000East for a dislance of 8622 feet thence run 14orth 253558East for a distance of 4808 feet thence run North 21 4044 East for a distance of 9689 feet thence run North 694452 West for a distance of 3661 feet thence run South 752558West for a distance of 15166 feet thence run orth 090417West for a distance of 11755 feet thence run North 120614East for a distance of 7475 feet thence run North 460343East for a distadce of 7451 feet thence run North 124658West for a distance of 3283 feet thence run Nodh 195533West for a distance of 7492 feet thence run South 321157West for a distance of 8542 feet thence run South 692544West for a distance of 6721 feet thence run North 650217 West for a distance oi 7505 feet thence run North 861633West for a distance of 10950 feet thence run South 694824West for a distance of 9529 feet thence run llorth310956West for a distance of 6254 feel thence run Nodh 011206West for a dislance of 15358 feet thence run North 362356East for a distance of 10680 feet thence run North 105524 West for a distance of 14047 feet Ihence run Ilorth223748 East for a distance o1 5115 feet thence run North 371910East for a dislance of 16248 feel thence run North 193302 East for a dislance of 11895 feet thence run North 080812East for a distance of 10872 feel Ihence run Nodh 045951West for a distance of 13715 feet thence run North 203053 East for a distance of 14793 feet thence run North 034625East for a distance of 14833 feet thence run North 173207West for a distance of 18004 feet thence run North 151339West fo a distance of 14097 feet thence run Norlh 000549West for a distance of 7302 feet thence run North 253935East for a dislance of 9653 feet thence run North 592221 East for a distance of 7373 feet thence run South 402148East for a distance of 5295 feet thence run South 015333West for a distance of 11659 feet thence run South 823324East for a distance of 12072 feet thence run South 633853East for a distance of 6407 feet thence run South 445232East for a distance of 5442 feet thence run outh 102959East for a distance of 7918 feet thence run South 371809West for a distance of 5011 feet thence run South 294639West foa distance of 7580 feet thence run South 252243 West for a distance el 10306feel thence run South 105620West for a distance of 10537 feel thence run South 100711East for a distance of 10710 feet thence run South 422924 East for a distance of 11691 feet thence run South 081617 West for a distance of 3466 feet thence run South 601631West for a distance of 10648 feet thence run South 234239West for a distance of 13040 feet thence run South 085448 East for a distance of 85 feet thence run South 203843East for a distance of 6259 feet thence run South 851835 East for a distance of 16423 feet thence run South 862810 East for a distance of 20160 feet to a point on the East llne of Section 24 Township 51 Sorth Range 26 East Collier County Flodda thence run North 001528East elong the East line of said Section 24 for a distance of 447641 feet to the Northeast comer of said Senion 24 thence r North 885855West along the North ine of the Northeast 14 of said Secn24 for a distance of 271371 feet to the North 14 comer of said Section 24 thence run North 885902 West along the North line the Northwest 14 of said Section 24 for a distance of 271325feet to the Northwest comer of said Section 24 thence run North 002553West along the East line of the Southeast t4of Section 14 Township 51 South Range 26 East for a distance of 274982 feet to the East 14 Corner of said Section 14 thence continue North 002553West along the East line of the Southeast 114 of the Northeast 114 of said Section 14 for a distance of 137491 feet to the Southeast comer of the Northeast 14 of the Northeast 14 of said Section 14 thence run North 882009 West along the South line of the East 12 of the Northeast 14 of the Northeast 14 of said Section 14 for a distance of 69250 feet to the Southwest comer of the East 12of the Northeast 14 of tle Northeast 14 of said Section 14 thence run North 002011West along the West line of the East 112 of the Northeast 114 of the Nodheast 114 of said Section 14 for a distance 137788 feet to the Northwest comer of Ihe East 12 of the Northeast 114 of the Northeast 14 of said Section 14 thence run South 880459East along the North line of the East 12 of the Northeast 14 of the Northeast 114 of said Section 14 for a distance of 69034feet to the Northeast corner of said Section 14 thence run North 010045 East along the East line of the Southeast 14 of Section 11 Township 51 South Range 26 East for a distance of 274958feet to the East 114 comer of said Section 11 thence continue llorth 010045East along the East line of the Northeast 14 of said Section 11 for a distance of 55915 feet to a point on the Southerly fightofwayline of US Highway No 41 Tamiami Trail a 20000foot rightofway thence run North 542115West along the Southerly rightofwayline of US Highway No 41 for a distance of 124499Feet thence run South 011440West for a distance of 10000 feet thence run North 884520West for a distance of 1000 feet thence run South 011440West for a distance of 29315 feet thence run Nodh 542115 West for a dislance of 40000 feet to a point on the West line of the Southeast 14 of Ihe Northeast 14 of said Section 11 thence run South 011440West along the West line of Ihe Southeast 14 of the Northeast 14 of said Section 11 for a distance 108283feet to the Southwest comer of the Southeast 114 of Ihe Northeast 14 of said Section 11 thence run Soulh 011430West along the West line of the East 12 of the Southeasl 14 of said Seclion 11 for a distance of 274591 feet to the Southwest comer of the Easl 12 of he Southeast 114 of said Section 11 thence run South 001431East along Ihe West line of Ihe Northeast 14 of Ihe Northeast 14 of sailSection 14 for a distance of 138085 feet to the Southwest corner of the Northeast 14 of the Northeast 14 of said Section 14 thence run North 882010 West along the South line of the North 14 of said Section 14 for a distance of 415487 feet to the Southwest comer of the Northwest 14 o1 the Northwest 14 of said Section 14 thence run North 891352West along the North line of the South 12of the Northeast 114 of Section 15 Township 51 South Range 26 East for a distance of 273898 feet to the Northwest comer of the South 12 of the Northeast 14 of said Section 15 thence run South 001843West along the West line of the South 12 of the Nodhast 114 of said Section 15 for a distance of 139296 feet to the center of said Section 15 thence run South 890635 East along the South line of the Northeast 14 of said Section 15 for a distance of 273904 feet to the East 14 comer of said Secton 15 thence run South 001946West elong the East line of the Southeast 14 of said Section 15 for a distance of 278736 feet to the Southeast comer of said Section 15 and the POINT OF BEGINNING conlaining 16875109 acres more or less AND Parcel 2 A parcel of land located in Section 24 Townshlp 51 South Range 26 East Collier County Florida being more particularly described as follows COMMENCE at the Northeast corner of Section 24 Township 51 South Range 26 East Collier County Flodda thence run South 001528West along the East line of said Section 24 for a distance 467959 feet Io the POINT OF BEGINNING of the parcel of land heroin described thence run North 721244West for a distance of 8692 feet thence run North 6g2832West for a distance of 9414 feet Ihence run South 850550West for a distance of 8086 feet thence run South 783942 West for a distance of 7941 feet thence run South 465235West for a distance of 7676 feet thence run South 540510East for a distance of 6253 feet thence run South 811902East for a distance of 7138 feet thence run North 884742 East for a distance of 9752 feet thence run North 832732East for a distance of 8468 feet thence run North 842757East for a distance of 8273 feel thence run Nodh 001528East along the East line of Section 24 for a distance of 4322 feet to the POINT QF BEGINNING containing 0779acre more or less AND Parcel 3 A parcel of land located in Section 24 Township 51 South Range 26 East Collier County Florida being more particularly described as follows COMMENCE at the Northeast corner of Section 24 Township 51 South Range 26 East Collier County Florida thence run South 001528West along the East line of said Seclion 24 for a distance 479092feet to the POINT OF BEGINNING of Ihe parcel of land heroin described thence run Nodh 861535West for a distance of 5239 feet Ihence run South 563923West for a distance ot 6701 feet Ihence run South 123016West for a distance of 7405 feel thence run South 074740 East for a distance of 7735 feet thence run South 160358Easl for a distance of 12100 feet thence run South 345639East for a distance of 13699 feet thence run North 001528East along the East line of said Seclion 24 for a distance 41092 feet to the POINT OF BEGINNING containing 0824 acre more or less LESS ArlD EXCEPT THEREFROM PROPERTY CONVEYED TO DELTONA UTILITIES INC CO SOUTHERN STATES UTILITIES INC AS RECORDED IN OFFICIAL RECORDS BOOK 1483 PAGES 497 TO 499 AS MORE PARTICULARLY DESCRIBED AS FOLLOWS Parcel No 7 That certain parcel of land lying in Sections 24 and 25 Township 51 South Range 26 East Collier County Florida being more particularly described as follows Commence at the Northeast boundary comer of said Section 24 thence along the East boundary or said Section 24 South 001528West a distance of 447641 feet to a point on said boundary thence leaving said East boundary North 882810 West a distance of 20160 reel thence Nodh 851835 West a dlstance of 16423 feet thence North 203843 West a distance of 6259 feet thence North 08 5446 Wetadistance of 8519 feet thence North 234239East a distance of 13040 feet Ihence Nortt 601631East a dtance of 10648 feet thence Nodh 081617East a distance of 3466 feet thence North 422924 West a distance of 11691 feet thence Norlh 100711 West a distance of 10710 feet thence North 105620East a dislance of 10537feet lhenco North 252243East a distance of 10306 feet thence North 294639East a distance of 7580 feet thence North 371809East a distance of 5011 feet thence North 102959 West a distance of 7918 feet thence North 445232 West a distance of 5442 feet thence North 633853 West a distance of 6407 feet thence North 823324 West a distance of 12072 feet thence North 015333East a distance of 11669 feet thence North 402t48West a distance of 5295 feet Io Ihe POINT OF BEGINNING of the parcel of land heroinafter described thence South 592221 West a distance of 7373 feet thence South 253935 West a distance of 9553 feet 9663 Calalated thence South 000549East a distance of 7302 feel thence Soulh 151339East a distance of 14097 feet thence South 173207 East a distance of 16004 feet thence South 034625 West a dislance of 14833 feet thence South 203053 West a dislance of 14793 feet thence South 045951East a distance of 13715 feet thence South 060612 West a distance ef 10872 feet thence South 193302 West a distance of 11895 feet thence South 371910 West a distance of 16248 feet thence South 223748 West a dislance of 5115 feet Ihence Soulh 105524 West a distance of 14047 feet thence South 362356 West a distance of 10680 feet thence South 0t1206East a distance of 15358 feet thence South 310956East a distance of f t t distance of 7505 feet thence North 692544 East a distance of 6721 feet thence North 21157East a distance of 8542 feet thence South 195533East a distance of 7492 feet thence South 124658East a distance of 3283 feet thence South 460343 West a distance of 7451 feet thence South 12 0614 West a distance of 7475 feet thence South 090417East a distance of 11755feet thence North 752656East a distance of 15166 feet thence South 694452East a distance of 3861 feet thence South 214044 West a distanc of 9689 feel thence South 253558 West a distance of 4806 feet thence South 273000West a dislance of 8622 feet thence South 295254 West a distance of 8521 feet thence North 450814 West a distance of 256069 feet thence North 001528East a distance of 26500 feet thence South 894432East a distance of 37500 feet Ihence North 840419East a dislance of 14918 feet Ihence North 790156East a dislance of 48464 feet thence North 612347East a distance of 44794 Ihence South 894432East a distance of 26473 feet thence South 001528West a distance of 14170 feet to Ihe POINT OF BEGINNING Containing 4300 acres more or less LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO THE SCHOOL BOARD OF COLLIER COUNTY FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 1495 PAGES 384 385 AND 387 AS MORE PARTICULARLY DESCRIBED AS FOLLOWS That certain parcel of land lying in and being a part of Sections 23 and 24 Township 51 South Range 26 East Collier County Florida being more particularly described as follows Commence at the Northeast comer of said Section 23 thence run North 885853West run South 394643 West a distance of 71168feet thence run South 501317 East a distance of 151563feel thence run South 394643West a distance of 105000feet thence run South 501317 East a distance of 5000 feet to the POINT OF BEGINNING of the parcel of land hereinafter described thence continue South 501317East a distance of 73975 feet thence run North 394643East a distance of 70662feet thence run North 501317West a distance o1 73975 feet thence run South 394643West a distance o1 70662 feet to the POINT OF BEGINNING Conlalnlng 1200 acres more or less LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO BOARD CF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 1755 PAGE 361 AS MORE PARTICULARLY DESCRIBED AS FOLLOWS All that part of the Northeast 14 of Section 15 Townshlp 51 South Range 26 East Collier County Florida and being more partlculady described as follows Commencing nt the Southwesterly most comer of Championship Drive Marco Shores Unit 30 Golf Course Plat Book 17 pages 98 through 103 Collier County Florida thence along the Southerly line of said Championship Ddve South 891353 East 3540 feet to the Point of Beginning of the parcel herein described thence continue along said line South 891352 East 10979 feet thence leaving said line South 001843West 15394 feet thence North 860706West 11000 feet thence North 001843East 147g6 feet to the Point of Beginning Containing 038 acres more or less LESS AND EXCEPT ALL THAT PORTION OF GOLF COURSE PARCELS 1 2 3 AND 4 MARCO SHORES UNIT 30 GOLF COURSE AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLOBIDA CONTAINING 24396ACRES MORE OR LESS Subject to easements reservations or restrictions of record Net Property Acreage 13897739 Acres More or Less Beadngs shown hereon refer to the North line of the Nodheast 14 of Section 22 Township 51 Soulh Range 26 East Collier County Florida as being North 885851 West Property Description for Parcel 1 Is composed entirely from that certain map titled MARCO SHORES UNIT 30 BOUNDARY MAP created by the Deltona Corporation Dept of Real Estale Services in July 1989 and revised November 20 1989 and again September 24 1991 as provided by Gulf Bay Development Inc and has been prepared without benefit of surve Property Descriptions for Parcels 2 and 3 are based on Exhibit A of the SPECIAL WARRANTY DEED as recorded in Official Record Book 1911 Page 144 Et Seq of the Public Records of Collier County Florida and has been prepared without benefit of survey These descriptions of 11 Parcels shown hereon are Intended only as representalions of specific data in the above referenced documents and not intended as certification of actual field locations COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 15 CONCRETE MONUMENT TOYSSHIP 51 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA RUN N 885655 W FOR 146524 FEET THENCE N 022906 E FOR 69466 FEET ALONG THE EASTERLY RIGHTOFWAY LINE OF STATE ROAD 951 THENCE S 885847 E FOR 143923 FEET THENCE S 002025 W FOR 69529 FEET TO SAID SOUTH QUARTER CORNER LESS AND EXCEPTING THE WESTERLY 17 FEET OFTHE HEREIN DESCRIBED PARCEL OF LAND FOR THE PURPOSE OF ROAD RIGHTOFWAY AS SHOWN IN OR BOOK 001166 PAGE 001070 PUBLIC ECORDS OF COLLIER COUNTY FLORIDA 229 acres AND ALL OF SECTION 13 TOWNSHIP 51 SOUTH RANGE 26 EAST LESS THAT PORTION LYING ORTH AND EAST OF US HIGAY 41 COLLIER COUNTY FLORIDA Section 13 690 acres Page 1 of 4 Page2of4 CONTROL TO 1 ABOVE CONTROl TO nE EXCA INTERNAL LAKE SECTION N I I STATE OF FLORIDA COUNTY OF COLLIER I IYWIGHT 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 9674 Which was adopted by the Board of County Commissioners on the 26th day of November 1996 during Regular Session WITNESS my hand and the official seal of the Board of County Commissioners of Collier County Florida this 27th day of November 1996 DWIGHT E BROCK Clerk of Courts and Ct Exofficio to Board Of County Commission rsaureenKenyono l Deputy Clerk Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com February 21, 2018 RE: Neighborhood Information Meeting (NIM) Petitions PL20160002727 - Fiddler’s Creek – Marco Shores DRI, and PL20160002496 - Fiddler’s Creek – Marco Shores PUD Dear Sir or Madam: Formal applications have been submitted to Collier County, seeking approval of a Planned Unit Development (PUD) Amendment and Development of Regional Impact (DRI) Amendment, by the applicant, FCC Commercial LLC (Applicant), represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., for the following described property: The subject property is comprised of approximately 4,439.31± acres, Located south of the intersection of U.S. 41 (Tamiami Trail East) and Collier Boulevard, on the east side of Collier Boulevard, west of U.S. 41 in Sections 11, 13, 14, 15, 22, 23, 24 and 25, Township 51 South, Range 26 East and Sections 18, 19 and 29, Township 51 South, Range 27 East , Collier County, Florida. The Applicant, FCC Commercial LLC, is asking the County to approve a Development of Regional Impact (DRI) Amendment and Planned Unit Development (PUD) Amendment, which propose to amend the previously approved DRI, PUD and PUD Master Plan. The Applicant is proposing modifications to the DRI/PUD, which better reflects the as-built conditions within the Project, as well as the anticipated future development for the Project. A summary of the proposed changes is listed below. The changes do not result in an increase in res idential or commercial development within the Project. In support of the proposed DRI/PUD amendment, the Applicant has provided a traffic impact analysis. This analysis concludes that there are no local or regional transportation issues resulting from the revised location of a portion of the commercial development within the Project. The summary of the proposed changes is as follows:  Create new map H and PUD master plan to reflect reallocation of commercial (B, Business) acreage to area on U.S. 41 near new Project entrance. o No new commercial square footage is proposed. RE: Neighborhood Information Meeting (NIM), Petitions PL20160002727 - Fiddler’s Creek – Marco Shores DRI, PL20160002496 - Fiddler’s Creek – Marco Shores PUD and PL20160002618/CP-2017-1, a large-scale amendment to the Future Land Use Element for Fiddler’s Creek February 21, 2018 Page 2 of 3  Revise map H and PUD master plan to better reflect as-built community plan and add new project accesses on U.S. 41.  Update land use acreages breakdown based on revised master plan in section 2.3 of PUD.  Amend DRI and PUD to add a conversion factor between multi-family and single-family dwellings.  Amend Section 3.4 (a) Group Care Facilities to delete parcel location references and replace with more specific location option, shown on the Conceptual Master Plan.  Amend Section 6.8 of the PUD to show increase in potential B, Business area acreage. Maximum of 325,000 sq. ft. of intensity to remain unchanged.  Amend Section 8.5.E of the PUD to clarify that golf course is a permitted active recreational use within Section 29.  Add multi-family residential and hotel as permitted uses in the B, Business (commercial) District.  Amend reference in §4.D.1 of DRI DO and §11.4 of PUD, that the remaining golf course in Fiddler’s Creek may be constructed when feasible on the Estancia property or Section 29 to serve the golf club members and residents. You are invited to attend a neighborhood information meeting hosted by the applicant to inform nearby property owners, neighbors and the public of the proposed amendments for the subject property. The NIM is for informational purposes only, it is not a public hearing, and will be held on Tuesday, March 13, 2018, 5:30 pm at San Marco Catholic Church, 851 San Marco Road, Marco Island, FL 34145. If you have questions or comments, they can be directed to Sharon Umpenhour: sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. Project information is posted online at www.gradyminor.com/planning. Sincerely, Sharon Umpenhour Senior Planning Technician RE: Neighborhood Information Meeting (NIM), Petitions PL20160002727 - Fiddler’s Creek – Marco Shores DRI, PL20160002496 - Fiddler’s Creek – Marco Shores PUD and PL20160002618/CP-2017-1, a large-scale amendment to the Future Land Use Element for Fiddler’s Creek February 21, 2018 Page 3 of 3 Project Location Map: PL20160002727 1000' Buffer Internal and External 11/20/2017 Page 1 fo 46 RECKEY NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL LOTUNIT SECT TWP RANGE 66679096201 1058072 ONTARIO LIMITED 7 LIMOSANO ST #RR2 SEAGRAVE, ON CANADA LOC 1GO PELICAN LAKE R V RESORT UNIT ONE BLOCK D LOT 1 1 15 51 26 56430080466 11 MAJORCA LLC 8 BRYAN MEADOW PATH NORTHPORT, NY 11768---2603 MAJORCA AT FIDDLER'S CREEK LOT 11 11 14 51 26 738160005 14601 EAST TRAIL LLC % COLEMAN YOVANOVICH & KOESTER 4001 N TAMIAMI TRL # 300 NAPLES, FL 34103---0000 12 51 26 COMM AT SE CNR OF SEC 12FT, S TO N R/W OF US 41, N 54 DEG W 1672.10FT TO POB, N 54 DEG W 802.8FT, N 12 51 26 25117532705 2315346 ONTARIO INC D/B/A MCAHMAD PROPERTY HLDGS 71 SERANO CRESCENT RICHMOND HILL, ON CANADA L4E 0R8 CALLISTA AT FIDDLER'S CREEK A CONDOMINIUM BLDG 17-203 203 13 51 26 25117530901 2745 CALLISTA MAR WAY #201 TRUST 135 REBECCA COURT MAPLE, ON CANADA L6A 1G2 CALLISTA AT FIDDLER'S CREEK A CONDOMINIUM BLDG 6-201 201 13 51 26 60175000548 2830 AVIAMAR LAND TRUST 24 DORAL CT ST THOMAS, ON CANADA N5R 0G4 MILLBROOK AT FIDDLER'S CREEK BLOCK A LOT 76 76 13 51 26 59540001989 2917 AVIAMAR LLC 2971 AVIAMAR LLC 42 BEACHMONT TERRACE NORTH CALDWELL, NJ 07006---0000 MARENGO AT FIDDLERS CREEK LOT 9 9 13 51 26 66679095781 3098-3878 QUEBEC INC 185 RTE SAINT-ANDRE RR2 SAINT-ETIENNE-DE, QC CANADA G6J 1E8 PELICAN LAKE R V RESORT UNIT ONE BLOCK B LOT 12 12 15 51 26 59540000362 3138 AVIAMAR CIR #102 LLC % MS DEBBIE COATS 1584 MOCKINGBIRD DR NAPLES, FL 34120---0000 MARENGO AT FIDDLER'S CREEK A CONDOMINIUM BLDG 3-102 102 13 51 26 60581280347 3745 MONTREUX LANE FL TRUST 64 WEDGEMERE AVENUE 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13 51 26 59540001248 75 DEVELOPMENT LLC PO BOX 354 TROY, OH 45373---0354 MARENGO AT FIDDLER'S CREEK A CONDOMINIUM BLDG 8-202 202 13 51 26 26055010582 8-101 CHERRY OAKS REALTY TRUST 9126 CHERRY OAKS LN APT 101 NAPLES, FL 34114---0875 CHERRY OAKS AT FIDDLER'S CREEK A CONDOMINIUM BLDG 8-101 101 14 51 26 53264701749 828483 ONTARIO INC 710 HULL CT MARCO ISLAND, FL 34145---0000 LAGUNA A CONDOMINIUM BLDG 11-203 203 11 51 26 81682000023 8305 WHISPER TRACE TRUST 106 SOFT SHADOW CT VENETIA, PA 15367---1065 WHISPER TRACE A CONDOMINIUM BLDG A-101 101 22 51 26 81682000421 8315 SEA REALTY LLC 2 LINCOLN DRIVE NORTH SMITHFIELD, RI 02896---0000 WHISPER TRACE A CONDOMINIUM BLDG C-201 201 22 51 26 32431502527 8560 LLC 8540 DAYTON AVE FORT MYERS, FL 33907---0000 FIDDLER'S CREEK PEPPER TREE VILLAGE AND BENT CREEK VILLAGE BLOCK G LOT 20 20 22 51 26 25600100945 92 VENTURE GROUP LLC 16 FAIRWAY LN OCEAN, NJ 07712---3665 CASCADA AT FIDDLER'S CREEK A CONDOMINIUM BLDG 12-202 202 14 51 26 79821901283 9217 MUSEO 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26 60581281427 ABBONDANDOLO, VITO & MARIA 3685 MONTREUX LN APT 203 NAPLES, FL 34114---6430 MONTREUX AT FIDDLER'S CREEK A CONDOMINIUM BLDG 9-203 203 14 51 26 32432402325 ABED, SAMI H 1410 CAXAMBAS CT MARCO ISLAND, FL 34145---0000 FIDDLER'S CREEK PHASE 1B UNIT TWO BLOCK B LOT 74 74 15 51 26 61510001282 ABK & CLK PROPERTIES LLC 14100 TAMIAMI TRL E LOT 115 NAPLES, FL 34114---8478 NAPLES BIG CYPRESS INDUSTRIAL PARK A CONDOMINIUM UNIT 306 306 18 51 27 61510001363 ABK & CLK PROPERTIES LLC 14100 TAMIAMI TRL E LOT 115 NAPLES, FL 34114---8478 NAPLES BIG CYPRESS INDUSTRIAL PARK A CONDOMINIUM UNIT 3010 3010 18 51 27 61510001389 ABK & CLK PROPERTIES LLC 14100 TAMIAMI TRL E LOT 115 NAPLES, FL 34114---8478 NAPLES BIG CYPRESS INDUSTRIAL PARK A CONDOMINIUM UNIT 3011 3011 18 51 27 51595160006 ABNER, CHARLES R & DORINDA 14100 TAMIAMI TRAIL E.LOT 365 NAPLES, FL 34114---0000 IMPERIAL WILDERNESS CONDO SEC I LOT 365 365 12 51 26 73749900320 ABRAMS, MURRAY C & CHERYL D 3161 AVIAMAR CIRCLE #202 NAPLES, FL 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Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Na-ples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.___________________________________________________________Customer Ad Number Copyline P.O.#_____________________________________________________________________________________ Q. GRADY MINOR & ASSOCIATES PA 1923722 Fiddlers Creek DRI/P Pub DatesFebruary 21, 2018 _______________________________________(Signature of affiant) Sworn to and subscribed before meThis February 21, 2018 _______________________________________(Signature of affiant) 12A ❚WEDNESDAY, FEBRUARY 21, 2018 ❚NAPLES DAILY NEWS The Southwest Florida Scholarship Connector,hosted by the Community Foundation of Collier County, is the most complete on-line resource for scholarships available to students in Southwest Florida. Simply plug in your informationtogetmatchedwith scholarship details and applications. It’s that easy! Ourstudentsneedyourhelp! In 2017, 472 students in need of funding produced 1675 scholarship applications.Youcanhelpfundthe second two years of education for students in the Take Stock in Children Scholarship Program. Go to SWFLScholarhships.org and click Scholarship Selector to get started. Donations are tax-deductible. For more information on the Scholarship Connector or funding a scholarship, contact Sharon Bayata at 239.649.5000 or visit SWFLScholarships.org. I definitely recommend the Scholarship Connector over any other site because it brings the best results for local scholarships. Thestaffandthementorsthere really care about you and your education. —Jason Francoeur, Scholarship Recipient 1110PineRidgeRoad,Suite200 Naples,FL34108 cfcollier.org |239.649.5000 NEIGHBORHOOD INFORMATION MEETING Petitions PL20160002727 - Fiddler’s Creek – Marco Shores DRI, and PL20160002496 - Fiddler’s Creek – Marco Shores PUD The public is invited to attend a neighborhood information meeting held by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing the Applicant, FCC Commercial LLC, on: Tuesday, March 13, 2018, 5:30 pm at San Marco Catholic Church, 851 San Marco Road, Marco Island, FL 34145 The subject property is comprised of approximately 4,439.31± acres, Located south of the intersection of U.S. 41 (Tamiami Trail East) and Collier Boulevard, on the east side of Collier Boulevard, west of U.S. 41 in Sections 11, 13, 14, 15, 22, 23, 24 and 25, Township 51 South, Range 26 East and Sections 18, 19 and 29, Township 51 South, Range 27 East, Collier County, Florida. The Applicant, FCC Commercial LLC, is asking the County to approve a Development of Regional Impact (DRI) Amendment and a Planned Unit Development (PUD) Amendment, which propose to amend the previously approved DRI, PUD, and PUD Master Plan. The Applicant is proposing modifications to the DRI/PUD, which better reflects the as-built conditions within the Project, as well as the anticipated future development for the Project. A summary of the proposed changes is listed below. The changes do not result in an increase in residential or commercial development within the Project. In support of the proposed DRI/PUD amendment, the Applicant has provided a traffic impact analysis. This analysis concludes that there are no local or regional transportation issues resulting from the revised location of a portion of the commercial development within the Project. The summary of the proposed changes is as follows: • Create new map H and PUD master plan to reflect reallocation of commercial (B, Business) acreage to area on U.S. 41 near new Project entrance. o No new commercial square footage is proposed. • Revise map H and PUD master plan to better reflect as-built community plan and add new project accesses on U.S. 41. • Update land use acreages breakdown based on revised master plan in section 2.3 of PUD. • Amend DRI and PUD to add a conversion factor between multi-family and single-family dwellings. • Amend Section 3.4 (a) Group Care Facilities to delete parcel location references and replace with more specific location option, shown on the Conceptual Master Plan. • Amend Section 6.8 of the PUD to show increase in potential B, Business area acreage. Maximum of 325,000 sq. ft. of intensity to remain unchanged. • Amend Section 8.5.E of the PUD to clarify that golf course is a permitted active recreational use within Section 29. • Add multi-family residential and hotel as permitted uses in the B, Business (commercial) District. • Amend reference in §4.D.1 of DRI DO and §11.4 of PUD, that the remaining golf course in Fiddler’s Creek may be constructed when feasible on the Estancia property or Section 29 to serve the golf club members and residents. Business and property owners, residents and visitors are welcome to attend the presentation. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. Project information is posted online at www.gradyminor.com/planning. If you have questions or comments, they can be directed by mail, phone, fax or e-mail to: Sharon Umpenhour, Senior Planning Technician Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Phone: 239.947.1144 Fax: 239.947.0375 sumpenhour@gradyminor.com February 21, 2018 ND-1923722 ND-FMN0000245-01 FRIDAY, FEBRUARY 23 SEMINOLE CASINO HOTEL IMMOKALEE 506SouthFirstSt.,Immokalee,FL34142 PROUDLY SPONSORED BYFREE ADMISSION! FOR INFORMATION CALL 18002653200 Jimmy Flynn Michelle Wright Meeting runs from 1 p.m to 4 p.m. (Doors open at noon) Meet Fellow Canadians LearnAboutCSAAdvocacyInitiatives Enjoy an Afternoon of Entertainment Out-of-Country Travel Insurance Info INFORMATIVE KEYNOTE SPEAKERS FREE ENTERTAINMENT FEATURING CANADIAN SNOWBIRD ASSOCIATION ANNUAL WINTER EVENT! CSAPresident KarenHuestis MedicalExpert Dr.BobMacMillan LocalCSADirector GaryMcDonald CSAPastPresident BobSlack TALLAHASSEE – Everything is “on the table” when it comes to policy and budget decisions proposed in response to the deadly mass shooting at Marjory Stoneman Douglas High School, Gov. Rick Scott said Tuesday. That may include banning assault weapons, the governor told reporters Tuesday night after a roundtable dis- cussion with mental health advocates, law enforcement personnel and leaders in the state’s education system. Scott did not say outright that he supports a ban on assault weapons. Scott said he will unveil a legislative plan by Friday that addresses what he believes need to be done after the shoot- ing that killed 17 students and staff members. The roundtable discussion followed three separate meetings held by mental health professionals, education officials and law enforcement officers about what policies could be enacted after the shooting. ❚The education workshop focused on school safety improvements and up- dates that could be made to school secu- rity protocols and emergency plans. ❚The mental health and child wel- fare workshop focused on ways to ex- pand mental health services statewide and improve coordination between be- havioral health partners. ❚The law enforcement workshop fo- cused on ensuring that people who have mental illness do not have access to guns. They also discussed potential safety improvements for gun policies. Frank Brogan, assistant secretary at the U.S. Department of Education and former lieutenant governor, applauded state officials for how they are respon- ding to the shooting. “If something better doesn’t come of this, all we’re going to have is an enor- mous tragedy,” Brogan said. A major topic during the public safety discussion was how the state can re- spond after a person is temporarily committed under the Baker Act. Sheriffs said during the meeting that under current state law, they cannot seize someone’s weapons while they are committed. Attorney General Pam Bon- di said her office is researching whether police could temporarily take some- one’s gun while they’re committed. The person would have to go before a judge to get their weapons back under the pro- posal. Florida law would need to be changed to make that a reality. Pinelllas County Sheriff Bob Gualteri expressed frustrations with the current background check system for gun own- ers, saying it wasn’t a true check. Cur- rently, the state requires gun shops to check only two things before determin- ing if a buyer can purchase a gun: whether they have a felony charge that prohibits them from owning one, and whether a court has determined the buyer is mentally ill. Scott said he would be interested in boosting school safety money in the wake of the tragedy. The Florida Legislature has not in- creased the amount of money that Safe Schools, the state’s school safety pro- gram, in seven years. Education Secretary Pam Stewart said one other change that could be made is to require active shooter drills in all school districts. Currently, districts are not required to train students on how to respond to a shooter. Department of Children and Families Secretary Mike Carroll pushed a “team- based” approach to mental health dur- ing the meeting. He said he’d like to see families and mental health providers work together while treating children. He also advocated for early interven- tion and identification programs to treat students with mental health issues. Scott: ‘Everything is on the table’ post-shooting Ali Schmitz Treasure Coast Newspapers USA TODAY NETWORK – FLORIDA FIDDLERS’ CREEK DEVELOPMENT OF REGIONAL IMPACT (DRI)/PLANNED UNIT DEVELOPMENT (PUD) March 13, 2018 Neighborhood Information Meeting DRI/PUD Amendments PL20160002496 –PUD Amendment PL20160002727 –DRI Amendment Location Map 2 Aerial Photograph 3 Project Information 4 Zoning:Fiddlers’Creek DRI/PUD Future Land Use Designation:Urban Coastal Fringe Rural Fringe Mixed Use District,neutral Lands Project Acreage:Unit 30 (Fiddlers’Creek)3,932 +/-acres Maximum Project Density: Dwelling Units:Unit 30 (Fiddlers’Creek)6,000 Commercial Square Footage:Overall DRI/PUD 355,000 Summary of Proposed Changes –DRI/PUD 5 The Applicant is proposing modifications to the DRI/PUD,which better reflects the as-built conditions within the Project,as well as the anticipated future development for the Project.The changes do not result in an increase in residential or commercial development within the Project. •Create new map H and PUD master plan to reflect reallocation of commercial (B, Business) acreage to area on U.S. 41 near new Project entrance. o No new commercial square footage is proposed. •Revise map H and PUD master plan to better reflect as-built community plan and add new project accesses on U.S. 41. •Update land use acreages breakdown based on revised master plan in section 2.3 of PUD. •Amend DRI and PUD to add a conversion factor between multi-family and single-family dwellings. •Amend Section 3.4 (a) Group Care Facilities to delete parcel location references and replace with more specific location option, shown on the Conceptual Master Plan. •Amend Section 6.8 of the PUD to show increase in potential B, Business area acreage. Maximum of 325,000 sq. ft. of intensity to remain unchanged. •Amend Section 8.5.E of the PUD to clarify that golf course is a permitted active recreational use within Section 29. •Add multi-family residential and hotel as permitted uses in the B, Business (commercial) District. •Amend reference in §4.D.1 of DRI DO and §11.4 of PUD that the remaining golf course in Fiddler’s Creek may be constructed when feasible on the Estancia property or Section 29 to serve the golf club members and residents. Ordinance 2000-84 Master Plan 6 Proposed Master Plan 7 U.S. 41 Entrance Exhibit 8 Existing Existing Proposed Proposed