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Agenda 03/27/2018 Item #9A03/27/2018 EXECUTIVE SUMMARY This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to affirm the decision of the Collier County Planning Commission and approve a Resolution amending Development Order 88-02, as amended, the City Gate Commerce Park Development of Regional Impact, providing for Section One: amendments restoring language from the original Development Order 88-02 and provide traffic conversions, without increasing the overall buildout traffic; amendment to regulations pertaining to vegetation and wildlife/wetlands to remove the 2.47 acre wetland “preserve” requirement; amendment to remove phasing schedule and obsolete development restrictions; amendment to master development plan; extension of termination date; and amendment to allow for biennial reporting; Section Two: findings of fact including revised legal description and correction of acreage; Section Three: conclusions of law; Section Four: effect of previously issued development order, transmittal to the Department of Economic Opportunity and providing an effective date. [PL20170002634] (This is a companion item to Planned Unit Development Amendment Petition PUDA- PL20170002330, Agenda Item 9.B and Agenda Item 11.F) 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 to render a decision regarding the pe tition; and to 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 petitioner seeks an amendment to a Resolution amending Development Order (DO) 88-02, as amended, the City Gate Commerce Park Development of Regional Impact (DRI), providing for: Amendments restoring language from the original Development Order 88-02 and adding transportation provisions relating to maximum development intensity, without increasing the overall buildout traffic; amendment to regulations pertaining to vegetation and wildlife/wetlands to remove the 2.47 acre wetland “preserve” requirement; amendment to remove phasing schedule and obsolete development restrictions; amendment to the master development plan; extension of termination date; and amendment to allow for biennial reporting; Section Two: findings of fact including revised legal description and correction of acreage; Section Three: conclusions of la w; Section Four: effect of previously issued development order, transmittal to the Department of Economic Opportunity and providing an effective date. The Southwest Florida Regional Planning Council approved the proposed change on February 15, 2018. FISCAL IMPACT: The Development Order Amendment (DOA) 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. If the PUD 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 (CIE) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requ irements of 9.A Packet Pg. 18 03/27/2018 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 Collier County Planning Commission (CCPC) to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition DOA-PL20170002634, City Gate Commerce Park DOA on March 1, 2018 and continued the petition to the March 15, 2018 hearing. The CCPC voted 7-0 to recommend approval of the petition. LEGAL CONSIDERATIONS: DRI AMENDMENT: Petitioner is requesting an amendment to the Master Development Plan of the DRI Resolution. The Southwest Florida Regional Planning Council agrees, and the Department of Economic Opoportunity does not object, that the changes to this DRI do not constitute a substantial deviation in accordance with Section 380.06(19), F.S. 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 of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, dis criminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for DRI Amendment 1. Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals, objectives, and policies of the GMP. 3. Consider: Impacts on public infrastructure not previously contemplated by the development order. The BCC must base its decision upon the competent, substantial evidence p resented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires a majority vote for Board approval. (JAK) RECOMMENDATION: Staff concurs with the approval recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for DOA-PL20170002634, City Gate Commerce Park DOA. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report- City Gate DOA (PDF) 2. Resolution - 031418 (PDF) 3. Location Map (PDF) 4. Master Plan - DOA 2-21-18 (PDF) 5. Future Land Use Consistency Review 1-18-18 (PDF) 9.A Packet Pg. 19 03/27/2018 6. RPC Staff Report 2-16-18 (PDF) 7. [Linked] City Gate DOA Application (PDF) 8. Legal Ad - Agenda ID #4874 (PDF) 9.A Packet Pg. 20 03/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 4874 Item Summary: This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to affirm the decision of the Collier County Planning Commission and approve a Resolution amending Development Order 88-02, as amended, the City Gate Commerce Park Development of Regional Impact, providing for Section One: amendments restoring language from the original Development Order 88-02 and provide traffic conversions, without increasing the overall buildout traffic; amendment to regulations pertaining to vegetation and wildlife/wetlands to remove the 2.47 acre wetland “preserve” requirement; amendment to remove phasing schedule and obsolete development restrictions; amendment to master development plan; extension of termination date; and amendment to allow for biennial reporting; Section Two: findings of fact including revised legal description and correction of acreage; Section Three: conclusions of law; Section Four: effect of previously issued development order, transmittal to the Department of Economic Opportunity and providing an effective date. [PL20170002634] (This is a companion item to Planned Unit Development Amendment Petition PUDA-PL20170002330, Agenda Item 9.B. and Agenda Item 11.F) Meeting Date: 03/27/2018 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 02/20/2018 3:11 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 02/20/2018 3:11 PM Approved By: Review: County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 03/16/2018 10:32 AM Zoning Ray Bellows Additional Reviewer Completed 02/20/2018 5:29 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 02/22/2018 4:38 PM Zoning Michael Bosi Additional Reviewer Completed 02/26/2018 2:38 PM County Attorney's Office Jeffrey A. Klatzkow Additional Reviewer Completed 03/16/2018 11:28 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/16/2018 12:39 PM Growth Management Department James French Deputy Department Head Review Completed 03/16/2018 5:10 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/16/2018 3:30 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/19/2018 8:40 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 03/19/2018 12:58 PM 9.A Packet Pg. 21 03/27/2018 County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2018 8:13 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM 9.A Packet Pg. 22 9.A.1 Packet Pg. 23 Attachment: Staff Report- City Gate DOA (4874 : City Gate Commerce Park DOA) 9.A.1Packet Pg. 24Attachment: Staff Report- City Gate DOA (4874 : City Gate Commerce Park DOA) 9.A.1 Packet Pg. 25 Attachment: Staff Report- City Gate DOA (4874 : City Gate Commerce Park DOA) 9.A.1 Packet Pg. 26 Attachment: Staff Report- City Gate DOA (4874 : City Gate Commerce Park DOA) 9.A.1 Packet Pg. 27 Attachment: Staff Report- City Gate DOA (4874 : City Gate Commerce Park DOA) 9.A.1 Packet Pg. 28 Attachment: Staff Report- City Gate DOA (4874 : City Gate Commerce Park DOA) 9.A.2 Packet Pg. 29 Attachment: Resolution - 031418 (4874 : City Gate Commerce Park DOA) 9.A.2 Packet Pg. 30 Attachment: Resolution - 031418 (4874 : City Gate Commerce Park DOA) 9.A.2 Packet Pg. 31 Attachment: Resolution - 031418 (4874 : City Gate Commerce Park DOA) 9.A.2 Packet Pg. 32 Attachment: Resolution - 031418 (4874 : City Gate Commerce Park DOA) 9.A.2 Packet Pg. 33 Attachment: Resolution - 031418 (4874 : City Gate Commerce Park DOA) 9.A.2 Packet Pg. 34 Attachment: Resolution - 031418 (4874 : City Gate Commerce Park DOA) 9.A.2 Packet Pg. 35 Attachment: Resolution - 031418 (4874 : City Gate Commerce Park DOA) 9.A.2 Packet Pg. 36 Attachment: Resolution - 031418 (4874 : City Gate Commerce Park DOA) Gree n BLVD G o ld e n G a t e P K W Y Collier BLVDDavis BLVDRadio RD I75 À150À172.1À151.2À151.1À152.1À171.1À10.1À57.1À10.2À101À54.2À13.1À35.1À171À98.1À123.2À54.1À57À76.1À79.1À35À76À32.1À35.2À123.1À101.2À79.2À10À54À101.1À79.3À120.1À120.2À79À13À32À120À123À152À153À34.2À34.1À33À11À56.2À122.2À34À34.3À56À11.2À55À100À33.1À55.1À170À12.1À11.1À55.2À121.2À56.1À100.3À100.2À122.1À100.1À77.1À78.1À78À121.1À78.2À12À122À99.1À77À121À99À153.1À154À154.1À169.1À2À1À3À4À1À1À1À167.1À168.1À167À166.1À164.1À168À163.1À162À166À165À164À163À158.1À162.1À159.1À161.1À159À160.1À161À158À160À3À9À8À5À7À6À1 À2 À13À3 À14 À5 À1 X1 À1 À6 À7 À1À8 À9 À1 À10 À15 À11 À16À12 X44 À1X9 À1 À18À1 À2À5À4 À6 À1 À1 À17 À38 À1À22X6 À37 À23 À36 À24 À16À1 À25 À35À1 À26 À34 À27 À33 À28 À10 À32 À11 À1À31À15À12 À30 À13À29 À19À9 À1 À14À8 À7 À6À1 À1 À20À5À4 À1À3 À2 À1 À1 À1 À21 À1 À1 À1 À1.3 À1À1 À1 À1 À1À1 À2 À1 À1 À1 À2 À1À1À1À1À1 À1 X8À1À1À1 À1 X4À2 À1 À1X24 À43 À44 À45 À46 À47 À1 À1.1 X3.1 À2 À3 À4 À1 À7À8À9 À10 À11 À12 À13 À14 À15 À16 À17 À18 À19 À20 À1 À1 X10 À1.1 À1 À2À1.1 À1 À1150151 171101332101351205412357767998152153170111233100341215512256777899154169211167166168165164163162161160TRACT "R"1591583LOT1TR R LOT265798LOT3TRR-2 TR R-1TRACT A TRACT A TRACT 1AD 15234 6 TRACT B7 TRACT CTRACT B TRACT RTRACT R TR BTRACT RTRACT DPARCEL 2PARCEL 3 PARCEL 1TRACT BTRACT26 TRACT18 AREACONSERVATIONTRACT 1 TRACT17 TRACT ATRACT14 TRACT 3 3TRACT25TRACT19 TRACT32 TOLLGATE COMMERCIALPARK CO NDOTRACT11 (PHASE 1 ) TRACT2 TRACT3 TRACT16 TRACT38TRACT12TRACT20TRACT37TRACT24TRACT13TRACT31TRACT 3 4TRACT4 TRACT A VACATED OR 4109-3918 RES. 06-227(PHASE 2 ) DTRACTTRACT B-IITRACT B -II TRACT36 TRACT39TRACT 3 5 TRACT8 TRACT 9TRACT6 TRACT TRACT21TRACT7 TRACT22TRACT5 TRACT23TRACT15TRACT ATR R (PHASE 3 ) WHITE LAKEANNEX I CONDO WHITE LAKEANNEX IV CONDO WHITE LAKEANNEX II CONDO (PHASE 1 )(PHASE 2 ) (PHASE 3 )(PHASE 4 ) TOL LGATE BU SINESSPARK II CO NDO 10 4 TOLLGATE BUSINESSPARK IV CONDOOR 4413 PG 3855OR 4413 PG 3871TRACT R TRACT R TRACT A TRACT B TRACTCTRACT B31.66TRACT 11TRACT27 TRACT28 TRACT29TRACT TRACT30TRACT30INCOMELANEWHITE LAKE BOULEVARDROAD 31ST AVENUE S.W.COUNTYSAFE HARBOR DRIVE LEONIE LANECITY GATE BLVD N WHITE LAKEBLVDC.R. 951WHITE LAKE BLVDSHAWBOUL E VARD PLOVER AVE C.R. 951WHITE LAKE BLVD I - 75 R/W PLOVER AVESTATE ROAD - 951SHEARWATER STREETTOLLGATE BLVDI-75 R/WBUSH BLVDTO LLHOUSE DR MANNIX DRHEFLIN DRBRENNAN DRIVECITY GATE BOULEVARD SOUTH CIT Y GAT E BOULEVARD N ORTH951 29TH AVENUE S.W. CU, E-pu-1 PU (PU-2) CU DRI; ZVL(CUD) SV,DRI; ZVL DRI V,DRI CU ZVL(CUD) E A A A A PUD A RSF-3 PUDC-4 CPUD PUD PUD PUD GC IPUD CITY GATE WHITELAKEINDUSTRIALCORP. PARK TOLLGATE RESOURCERECOVERYBUSINESS PARK Location Map Zoning Map Petition Number: PL20170002634 PROJEC TLOCATION SITELOCATION ¹ 9.A.3 Packet Pg. 37 Attachment: Location Map (4874 : City Gate Commerce Park DOA) SOUTH COUNTY REGIONALWATER TREATMENT PLANT(NOT WITHIN CITY GATECOMMERCE PARK MPUD)LAKE ANDRECREATIONAL TRACTCITY GATE BOULEVARD SOUTHCITY GATE BOULEVARD NORTHCITY GATE BOULEVARD NORTHBRENNAN DRIVEFPL EASEMENTWHITE LAKE BOULEVARD CITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75COLLIER BOULEVARDC.R.951 GOLDEN GATE CANALFOR DRIVEWAYS/PEDESTRIAN ACCESSONLY; INTERNAL ACCESSROADWAYS ONLY"SPORTS COMPLEX LOT"EAST OF FPLEASEMENTWEST OF FPLEASEMENTEAST OF FPLEASEMENTFOR DRIVEWAYS/PEDESTRIAN ACCESSONLY; INTERNAL ACCESSROADWAYS ONLYWEST OF FPLEASEMENTMASTER DEVELOPMENT PLANN LAND USE TABLEWEST OF THE FPL EASEMENTRIGHT-OF-WAYLOTSTOTAL WEST36.45 AC7.18 AC29.27 ACEAST OF THE FPL EASEMENT [1]RIGHT-OF-WAYLOTS [2]LAKE AND RECREATIONAL TRACT15.98 AC164.28 AC13.84 ACTOTAL EAST255.10 AC[1] TOTAL REQUIRED NATIVE VEGETATION TO BERETAINED WITHIN LOTS = 30.57 ACRES[2] INCLUDES ±10.00 ACRES OF FPL EASEMENTTOTAL CITY GATE COMMERCE PARK PUD291.55 AC1ST SUBMITTAL08/18/2017 REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 09/21/201709/27/2017SPORTS COMPLEX61.00 ACEXHIBIT A-11 of 5REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 11/13/2017MASTER DEVELOPMENT PLANCITY GATE COMMERCE PARKIN THE NORTH HALF OF SECTION 35, TOWNSHIP 49, RANGE 26 ECOLLIER COUNTY, FLORIDAMAP H12/15/20174365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 CITY GATE DEVELOPMENT LLC, GG II, LLC & 850 NWN, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225 CITY GATE COMMERCE PARK MPUD DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: J.A.W. J.A.W. J.M.F.SHEET NO:SHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT: REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 1/19/20181/18/2018(±2.50 AC)(±2.50 AC)9.A.4Packet Pg. 38Attachment: Master Plan - DOA 2-21-18 (4874 : City Gate Commerce Park DOA) SOUTH COUNTY REGIONALWATER TREATMENT PLANT(NOT WITHIN CITY GATECOMMERCE PARK MPUD)LAKE ANDRECREATIONAL TRACTCITY GATE BOULEVARD SOUTHCITY GATE BOULEVARD NORTHCITY GATE BOULEVARD NORTHBRENNAN DRIVEFPL EASEMENTWHITE LAKE BOULEVARD CITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75COLLIER BOULEVARDC.R.951 ZONING: COLLIER COUNTYRECOVERY BUSINESS PARK IPUDLAND USE: COUNTY FACILITIESZONING: AGRICULTURALLAND USE: UNDEVELOPEDZONING: WHITE LAKE PUDLAND USE: DEVELOPED ANDUNDEVELOPED INDUSTRIALZONING: ESTATESLAND USE: CANALZONING: AGRICULTURALLAND USE: UNDEVELOPEDGOLDEN GATE CANALFOR DRIVEWAYS/PEDESTRIAN ACCESSONLY; INTERNAL ACCESSROADWAYS ONLY"SPORTS COMPLEX LOT"EAST OF FPLEASEMENTWEST OF FPLEASEMENTEAST OF FPLEASEMENTFOR DRIVEWAYS/PEDESTRIAN ACCESSONLY; INTERNAL ACCESSROADWAYS ONLYWEST OF FPLEASEMENT5' TYPE A LANDSCAPE BUFFERALONG PORTIONS OF SOUTHERN PUD BOUNDARYFOR INDUSTRIAL USE ONLY - TO BE EVALUATEDDURING SDP APPLICATIONTYPE C LANDSCAPE BUFFERALONG NORTHERN PUD BOUNDARY(CONSISTENT WITH EXHIBIT A-4)10' TYPE A LANDSCAPE BUFFERALONG EASTERN PUD BOUNDARY20' TYPE D LANDSCAPE BUFFERALONG COLLIER BOULEVARD10' TYPE A LANDSCAPE BUFFERALONG PORTIONS OF SOUTHERNPUD BOUNDARYN1ST SUBMITTAL08/18/2017 REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 09/21/201709/27/2017 11314151617CITY GATE COMMERCE PARK MPUD291.55 ACREQUIRED OPEN SPACE CALCULATION291.55 x 30% = 87.47 ACRESDEVIATION REQUESTSDEVIATION REQUESTS 22 & 23 ARE PROPOSED TOOCCUR THROUGHOUT THE CITY GATE COMMERCEPARK MPUDALL OTHER DEVIATIONS HAVE BEEN IDENTIFIED ANDGENERALLY LOCATED WITHIN THE SUBDIVISIONMASTER CONCEPT PLANPLEASE REFER TO EXHIBIT A-1: MASTERDEVELOPMENT PLAN 3 OF 5 - 5 OF 5 FOR ALLDEVIATION SPECIFICATIONS AND REQUESTSWEST OF F.P. & L. EASEMENTZONED AND ACTUAL BUILDING HEIGHTSZONED HEIGHTACTUAL HEIGHTPLATTED LOTS ADJACENT TOGOLDEN GATE CANAL36-FEET43-FEETALL OTHER PLATTED LOTS60-FEET67-FEETEAST OF F.P. & L. EASEMENTPLATTED LOTS ADJACENT TOGOLDEN GATE CANAL36-FEET43-FEETALL OTHER PLATTED LOTS60-FEET67-FEETEAST OF F.P. & L. EASEMENT (SPORTS COMPLEX)SPORTS COMPLEX LOT75-FEET85-FEETREVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 11/13/2017EXHIBIT A-12 of 5MASTER DEVELOPMENT PLAN 12/15/20172223223 5141321214365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 CITY GATE DEVELOPMENT LLC, GG II, LLC & 850 NWN, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225 CITY GATE COMMERCE PARK MPUD DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: J.A.W. J.A.W. J.M.F.SHEET NO:SHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT:18821920676677762019671920679121415161751413122424232118211823232323232323232323232323211920672111 LAND USE TABLEWEST OF THE FPL EASEMENTRIGHT-OF-WAYLOTSTOTAL WEST36.45 AC7.18 AC29.27 ACEAST OF THE FPL EASEMENT [1]RIGHT-OF-WAYLOTS [2]LAKE AND RECREATIONAL TRACT15.98 AC164.28 AC13.84 ACTOTAL EAST255.10 AC[1] TOTAL REQUIRED NATIVE VEGETATION TO BERETAINED WITHIN LOTS = 30.57 ACRES[2] INCLUDES ±10.00 ACRES OF FPL EASEMENTTOTAL CITY GATE COMMERCE PARK PUD291.55 ACSPORTS COMPLEX61.00 AC(±2.50 AC)(±2.50 AC)9.A.4Packet Pg. 39Attachment: Master Plan - DOA 2-21-18 (4874 : City Gate Commerce Park DOA) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 1 of 2 Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, AICP, RLA, Principal Planner Zoning Division, Zoning Services Section From: Sue Faulkner, Principal Planner Zoning Division, Comprehensive Planning Section Date: January 18, 2018 Subject: Future Land Use Element Consistency Review PETITION NUMBER: DOA - PL20170002634 - REV: 4 PETITION NAME: City Gate Development of Regional Impact (DRI) Notice of Proposed Change (NOPC) REQUEST: The petitioner is requesting to amend the City Gate Development of Regional Impact (DRI) Development Order (DO) #88-02, as amended, to: • Update the Master Concept Plan • Amend Section Two to update acreage and project development. • Remove Section 4.b. “Vegetation and Wildlife/Wetlands” from existing DRI (relating to wetlands). • Remove Section 9.c. General Considerations, as amended, in its entirety. • Update the Master Development Plan, attached as Exhibit ‘A’, to be included in DO. • As shown on the Master Development Plan, provide additional access points along the eastern property boundary of the City Gate Commerce Park PUD/DRI for internal access roadways/pedestrian only access. • Amend Paragraph 3 of an untitled Section (page 12 of DO #88-02, as amended), and propose change of DO termination date to extend to October 26, 2030. • Amend text of Paragraph 5 of an untitled Section (page 12 of DO #88-02, as amended) to read a report shall be submitted biennially instead of annually. • Amend Paragraph 10 under the Conclusion of Law Section (page 11) to make reference to the updated Master Development Plan. • Amended Section 3, Conclusions of Law, to add language regarding the Sports Complex Project and note the traffic conversion of industrial and office land uses in exchange for the Sports Complex and/or hotel units. LOCATION: The ±291.6 acre subject site is located in the northeast quadrant of the intersection of Interstate 75 (I-75) and Collier Blvd. (CR 951), lying south of the Golden Gate Canal, east if Collier Blvd. (CR 951), and north of Shaw Blvd., in Section 35, Township 49 South, Range 26 East. 9.A.5 Packet Pg. 40 Attachment: Future Land Use Consistency Review 1-18-18 (4874 : City Gate Commerce Park DOA) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 2 of 2 COMPREHENSIVE PLANNING COMMENTS: The western portion of the subject site lies west of the Florida Power and Light (FPL) Easement (29.27 acres + 7.18 ROW acres = 36.45 acres) and is depicted as Urban Designation, Urban Commercial District, Mixed Use Activity Center #9. The eastern portion lies east of the FPL Easement (161.83 acres + 15.98 ROW acres + 63.50 Sports complex acres +13.84 Lakes and Recreation acres = 255.15 acres) and is depicted as Urban Designation, Industrial District on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The South County Regional Water Treatment Plant is not part of the City Gate Commerce Park PUD. Consistency with FLUE designations (uses, intensities, etc.) and FLUE Policies 5.4 and 7.1 – 7.4 are addressed by staff in the companion PUDZ consistency review. CONCLUSION Based upon the above analysis, Comprehensive Planning staff finds the proposed amendment consistent with the FLUE. PETITION ON CITYVIEW cc: Michael Bosi, AICP, Director, Zoning Division David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section DOA-PL2017-2634 City Gate R4.docx 9.A.5 Packet Pg. 41 Attachment: Future Land Use Consistency Review 1-18-18 (4874 : City Gate Commerce Park DOA) CITY GATE COMMERCE PARK DRI NOTICE OF PROPOSED CHANGE IN COLLIER COUNTY BACKGROUND The City Gate Commerce Park Development of Regional Impact (DRI) is located on 291.55 acres at the northeast corner of I-75 and County Road 951 in Collier County (see Attachment I, Location Map). The Board of Collier County Commissioners approved the project on December 13, 1988 in Development Order (D.O.) (88-93). This order was amended to settle an appeal taken by the Department of Community Affairs on August 28, 1990 in D.O. (90-4). The project is approved for a total of 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of industrial, 250 hotel/motel rooms, and 80,000 square feet of public, utilitarian, recreational and educational space. To date 212 hotel rooms, 3,643 square feet of retail (gas station and car wash), 18,083 square feet of office for the South Florida Water Management District (SFWMD) Big Cypress Field Office and a recently permitted self-storage facility. The current DRI Termination Date is October 27, 2025 (Collier County 1/3/2012 4-year extension letter). PREVIOUS CHANGES •Development Order 90-04/ Resolution No. 90-431 – Amendment to resolve issues raised with the DCA Appeal. •Development Order 95-02/ Resolution No. 95-143 – Amendment to phasing schedule, construction commencement date and termination date for project. •Development Order 00-02/ Resolution No. 00-151 – Amendment to phasing schedule, construction commencement date and termination date for project. •Development Order 10-01/ Resolution No. 10-223 – Amendment to regulations pertaining to Red Cockaded Woodpeckers. •A Development Agreement between City Gate applicant and the county was adopted on 12/1/2009 and amended on 6/23/2015 to “recognize that the developer had paid the road impact fees then due, and directed that a permanent Certificate of Public Facility Adequacy be issued for the Phase Two Plat”. This Agreement also “found and determined that there is no PUD transportation condition or Transportation Conditions for the buildout that has not been satisfied, or would not be satisfied by Developer's compliance with its obligations under this Amendment”. PROPOSED CHANGES Collier County plans to construct a 61-acre sports complex within the City Gate Commerce Park which will utilize roadways that are a part of City Gate. The proposed project will consist of 8 general purpose sports fields, a 3,000-seat stadium and a 125,000-sf field house. As a sports complex was not part of the original concept for the commerce park and, so as not to increase the total buildout traffic compared to existing uses, this project proposes a traffic conversion of existing uses to those associated with the 9.A.6 Packet Pg. 42 Attachment: RPC Staff Report 2-16-18 (4874 : City Gate Commerce Park DOA) proposed sports complex. In addition to the sports complex, development of additional hotel rooms is also being considered within the City Gate Commerce Park property. Other changes are list below. •Update the Master Concept Plan (see Attachment II) , •Provide additional external access points along the eastern property line of the City Gate Commerce Park PUD/DRI. One of the three additional access points being requested (located in the northeast corner) will allow for the connection of the proposed City Gate Boulevard North Extension, to the proposed interconnect to Collier County’s Resource Recovery Business Park, and eventually will connect to the proposed Wilson Boulevard-Benfield Road Extension. The remaining two (2) access points being requested will provide pedestrian and vehicular connections, within the proposed Collier County Sports Complex Lot. •Remove Section 4.b from the existing DRI relating to wetlands, •Formal name change request from the City Gate Commerce Park to the City Gate Commerce Center, •Addition of details on the development program in Section 2.d, •Removal of Section 9.c relating to buildout dates for individual phases, in its entirety, •Amendment to Paragraph 10 under Conclusions of Law, Section 10 (Page 11) of the DO to include a reference to the updated Master Plan, •Addition of details on the development program and establishing traffic conversion in Section 3.h, •Amendment to Paragraph 3 of an untitled Section (Page 12) to include the termination date of October 26, 2030, and •Amendment to Paragraph 5 of an untitled Section (Page 12) to include submission of a biennial report instead of an annual report. CHARACTER, MAGNITUDE, LOCATION There are no changes in character, magnitude or location of the DRI associated with the changes. REGIONAL GOALS, RESOURCES OR FACILITIES The primary regional issues of concern for this NOPC is related to wetland and transportation impacts. The Florida Department of Transportation (FDOT) has reviewed the NOPC and in coordination with Collier County has no objections and determined the following. •The DRI is vested. •Any exchange in the land uses between industrial and office for the Sports Complex and/or hotel units will be within the approved trips, therefore the exchange will not increase the total buildout traffic that was originally approved for the DRI. •The traffic conversion details will be attached to the Planned Unit Development (PUD). •All transportation related conditions have been mitigated except for the installation of a traffic signal at one intersection. The SFWMD reviewed the change and stated that “there appear to be no regionally significant water resource issues; therefore, the District forwards no comments and does not require additional 9.A.6 Packet Pg. 43 Attachment: RPC Staff Report 2-16-18 (4874 : City Gate Commerce Park DOA) information to evaluate the local and regional impacts necessary for the Notice of Proposed Change”. The applicant indicated that “a total of 23.77 acres of wetlands were present on the property at the time of ERP permitting with the SFWMD. The SFWMD environmental resource permit for City Gate was issued in October of 2009. As part of that permit, the SFWMD authorized direct impacts to all but 2.01 acres of jurisdictional wetlands that were present on the property. The 2.01 acres of wetlands, located in City Gate Phase 3, are isolated and made up of a 0.69-acre area in the central portion of the phase and a 1.32-acre area adjacent to the southern property line. The SFWMD considered these remaining wetlands to be secondarily impacted due to isolation by the proposed surrounding development. City Gate has already mitigated for these secondary impacts as part of their approved permit”. “Due to the small, isolated nature of these wetlands and the fact that they have already been secondarily impacted, the SFWMD would allow these wetlands to be directly impacted. A permit modification would be required along with a small amount of offsite mitigation at an approved wetland mitigation bank – City Gate or Collier County may pursue this modification in the future. No permits from Federal agencies (ACOE or USFWS) would have to be modified or acquired for this change.” MULTI-JURISDICTIONAL ISSUES No new multi-jurisdictional issues will occur from these changes. NEED FOR REASSESSMENT OF THE DRI Because no additional regional impacts are anticipated, the need for reassessment of the DRI is unnecessary. ACCEPTANCE OF PROPOSED D.O. LANGUAGE The applicant has provided acceptable draft development order amendment language necessary to rebut the presumption that no additional regional impacts will occur from the changes. RECOMMENDED ACTIONS: 1.Notify Collier County, the Florida Department of Economic Opportunity, and the applicant that the proposed changes do not create additional regional impacts. 2.Request that Collier County provide SWFRPC staff with copies of any development order amendments related to the proposed changes. 2/15/2018 9.A.6 Packet Pg. 44 Attachment: RPC Staff Report 2-16-18 (4874 : City Gate Commerce Park DOA) IMMDKALEE RD VANDERBILT BEACH RD PINE. RIDGE RD GOLDEN GA TE PK\JY RADIO RD KINGS LAKE �=:...:..=-i-:=..:..=--.,_-+-_._,--.-__.__ lWELVE SR 84 BRIDLE i PATH u LAKES BRETONNE PARK RATTLESNAKE IW-IHOCK RD IC) O> a:: (.) IC) O> a:: (.) CITYGATE" COMMERCE PARK GENE"RAL LOCATION MAP 0 COLLIER COUNTY l-75(U.C.)SR 84 2 I.IILES SWFRPC-QCT 88 MOS ATTACHMENT I 9.A.6 Packet Pg. 45 Attachment: RPC Staff Report 2-16-18 (4874 : City Gate Commerce Park DOA) SOUTH COUNTY REGIONALWATER TREATMENT PLANT(NOT WITHIN CITY GATECOMMERCE PARK MPUD)LAKE ANDRECREATIONAL TRACTCITY GATE BOULEVARD SOUTHCITY GATE BOULEVARD NORTHCITY GATE BOULEVARD NORTHBRENNAN DRIVEFPL EASEMENTWHITE LAKE BOULEVARD CITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75COLLIER BOULEVARDC.R.951 GOLDEN GATE CANALFOR DRIVEWAYS/PEDESTRIAN ACCESSONLY; INTERNAL ACCESSROADWAYS ONLY"SPORTS COMPLEX LOT"EAST OF FPLEASEMENTWEST OF FPLEASEMENTEAST OF FPLEASEMENTFOR DRIVEWAYS/PEDESTRIAN ACCESSONLY; INTERNAL ACCESSROADWAYS ONLYWEST OF FPLEASEMENTMASTER DEVELOPMENT PLANN LAND USE TABLEWEST OF THE FPL EASEMENTRIGHT-OF-WAYLOTSTOTAL WEST36.45 AC7.18 AC29.27 ACEAST OF THE FPL EASEMENT [1]RIGHT-OF-WAYLOTS [2]LAKE AND RECREATIONAL TRACT15.98 AC161.78 AC13.84 ACTOTAL EAST255.10 AC[1] TOTAL REQUIRED NATIVE VEGETATION TO BERETAINED WITHIN LOTS = 30.57 ACRES[2] INCLUDES FPL EASEMENTTOTAL CITY GATE COMMERCE PARK PUD291.55 AC1ST SUBMITTAL08/18/2017 REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 09/21/201709/27/2017SPORTS COMPLEX63.50 ACEXHIBIT A-11 of 5REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 11/13/2017MASTER DEVELOPMENT PLANCITY GATE COMMERCE PARKIN THE NORTH HALF OF SECTION 35, TOWNSHIP 49, RANGE 26 ECOLLIER COUNTY, FLORIDAMAP H12/15/20174365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 CITY GATE DEVELOPMENT LLC, GG II, LLC & 850 NWN, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225 CITY GATE COMMERCE PARK MPUD DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: J.A.W. J.A.W. J.M.F.SHEET NO:SHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT: REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 1/19/20181/18/2018 9.A.6Packet Pg. 46Attachment: RPC Staff Report 2-16-18 (4874 : City Gate Commerce Park DOA) 9.A.8 Packet Pg. 47 Attachment: Legal Ad - Agenda ID #4874 (4874 : City Gate Commerce Park DOA) PRE-APP NOTES C-a C-ounty COTTIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION wu lr.colliergov.net Property lD #:298160008 Pre-Application Meeting Notes Petition Type:DnA-Pl Wl1 Date and Time: Tue 7/18/2017 - 9:00 AM Assign ed ptanner: Nancy Gundlach Engineering Manager (and FP's): Proj ect Name: City Gate Commerce Park PLs. PtztrB@eoo Current Zoning . City Gate PUD/DRl Project Address:City:State: _ Zip: App g;."n,. Davidson Engineering, lnc. PPL' Project lnformation Agent Name:Tocia Hamlin Phone. (239)434-6060 Agent/Firm Address:4365 RADIO ROAD City:Naples 5,",". FL ,to.34104 Property Owner:CG ll LLC, Address:121 S MAIN ST STE 500 Please provide the fol i. ' Total Acreage: ii. Proposed # of iii. Proposed Com v. lf there is an Ordi type and number: lowing, if applica Residential Units: a\^tv,v,l,N;utf, U() au$ 0V'ttt 201r- N/A NIES mercial square rootage: t)r\ iv, For Amendments, indicate the original petition number: nance or oYl/v/t u oqnz Resolution associated with this project, please indicate the vi. lf the proiect is within a Plat, provide the name and ARf/P[f: 28OO NORTH HORSESHOE DRIVE NAPTES, FLORIDA 34104 (2391252-24OO t Qounw COtt|ER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coll iergov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (2t91 2s2-24OO |f'tr=.*,-i=.,:upg - 155".-. r=y ?assrRue tbevr\Tror.\S -r<: I}L CA aF A--itr-p + 1 t{ $ L tt D.\L (\C.o Pa \r ZVLV)4t ( wl";,L * t. dut"r 7/rno;,Lt,Lohr;i17ue w)l/,-Na E a tz- 5o tl-)h hL pzl urc 5r4 E* ciu)L iJ oa zf ) o&, 1-'a1U1/2r*; FLr,,t lo/. ,.4 7./- 7.t. wh- )a:t. U.br^ Inl t"o/h 9n Zl,t^ 'on fA)t vlt. ou of )at. , )'>) Updated 4/26/2077 Page l2ofs Meeting Notes t; # COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION 28OO NORTH HORSESHOE DRIVE NAPI.ES, FLORIDA 34104 (239) 2s2-2lroo FAx (239) 2s2-63s8 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, wit cover sheets attached to each section. lncomplete submittals will not be accepted. scHoot-CURRENCY.lf the proposed project includes a residential component, you are required to contact the School District of Collier County at 239-377-0257 to discuss school concurrency requirements. aNAID d&L* brc Cn""ty 1 Pre-Application Meeting and Final Submittaftequirement Checklist for: DR! Application for Development Approval (DRl) Xl ORt ruoti." of Proposed Change (DOA) Other,DRl Development Order Amendment (DOA) Chapter 3 0.1 of the Administrative Code 4 REqUIREMENTS FO* *"''*iP REQUIRED NOT REQUIRED Com leted A lication download current form from County webs Project Narrative tr Pre-application meeti notes (no older thon 6 months)Com 2 Site Development Plan,24" x 36" copy, 8 %" x 71" copy, and one jpg copy (from DRI Development order d tr An8%in.x11 in.ra hic location map of the site DRI Devel ment Order Master Plan lDescri ton List identifying Owner & all parties of oration 2 Survey signed & sealed 4 2 Environmental Data uirements,rsuant to LDC section 3.08.00 3 Listed 5 es Su less than 12 months old. lnclude ies of revaous surveys 2 Current aerial photographs (available from Property Appraiser) with project boundary and rt ed, FLUCFCS Codes with I nd included on aerial 5 Traffic lmpact St s or watver s Completed State NOPC Form with all attachments if amendment) nal DRUofComleted State ADA Form with all attachments Draft DRI Oevelopment Order to address d change Copies of Notices sent to DEO and RPC tr Electronic copy of all documents and plans tr School lmpact Analysis Application - residential projects only sis Application from websitedownload the School lm act Ana srn8,tf dlocate Itn mom Ika foee a rdaffo houble I n Ic U ed an set of each b5U ittam I lillfarlfrIilIT'NlDllluaE/EaztanEE tzl 2/4/20ls Page 4 of 6 UU lt ,OF coPtEs lr) fl v4 ft 3 lr.lna W ll W tl trlb t Inl-l tw,,IItt fl tn flwfttv.IItffft Affidavit of Authorization, signed & notarized w tlwftIV|l { tYl ftft seeking additional requirement C-aunE COI.LIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FTORIDA 34104 (239) 2s2-2400 FAx (239) 2s2-63s8 PLANNERS - INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLTOWING REVIEWERS: d AddressinS: Annis Moxam 6 Environmental Review: See Pre-Application Meeting Sign-ln Sheet tr Bayshore/Gateway Triangle Redevelopment: Executive Director w /Graphics, Ma ria m Ocheltree tr City of Naples: Robin Singer, Planning Director Historical Review w /Comprehensive Planning: See Pre-Application Meeting Sign-ln Sheet lmmokalee Water/Sewer District tr w County Attorney's Office: Heid i Ashton-Cicko School District (Residential Components): Amy Heartlock Emergency Management: Dan Summers; and/or EMS: Artie Bay W Transportation Pathways: EtrlGff,€tf \ U, kn < w Engineering: Altorrtf:'ttfold e\d, O,fth w Transportation Planning: .l ,6'ffi I rrTql Other FEE REQUIREMENTS otilities EnSineering KrTS1/a n Le nge n I/ Pre-Application M€eting: S50o.oo (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) - DRI Revi€w (ln addition to cost of rezone): S10,000.00 plus S25.OO per acre (or fraction thereof) / o Additional fee for 5'h and subsequent reviews: 20% of originalfee Xr/oeloo Amendment: 56,000.00 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 5rh 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 S13,000.00.o Any amendment which includes a map and text change will assessed the full fee (no cap) .- ,Rl Extension: S100.OOy' Ogt Comprehensive Plan Consistency Review: S2,250.00 l4*imated tezal Advertisinr Fee:- l,ccpittasae- lttZs Q,z Bcc: Ss00.00 Al lA Listed or Protected Species Review: 51,000.00 / t/ r, I P,w',ilolrth PuAru**,,: w F Methodology Review: S500.00 Minor Study Review: S750.00 Malor Study Review: S1,500.00 School Concurrency Fee, lf required: [reserved] ,/ o Mitigation Fees, if applicable, are to be determined by the School District in coordination with the Countyy' Fire Code Review: E o 2/4/207s Page 5 of 6 tr Conservancy of SWFL: Nicole Ryan tr Parks and Recreation: Vicky Ahmad Property Owner Notifications: 51.50 Non-certified; S3.oO Certified return receipt mail fto be paid after receipt of invoice from the Zoning Services Department) Transpoltation Fees, if required: c,iff* c-ountv -aa.zr-.{. COLTIER COUNW GOVERNMENT GROWTH MANAGEMENT DIVISION ,colliergov.net /*o,rrro.ooo DRI: 5200.00 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 2s2-2400 FAx (239) 2s2-6358 All check pqyoble to: Eoord ol County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division/planning and Regulation ATTN: Eusiness Center 2800 North Horseshoe Drive Naples, FL 34104 2/4/20rs Page 6 of 6 M d,?64 W C-ouuW Groi/th Man4ement Department Applicont/Agent moy olso send site plons or conceptuol plons Jor review in odvonce if desited. P PP INFORMATION PL 20n0c0 Assigned Ops Staff: ffi^^aen smith; John DeBlasiis ETING INFORMANON DoA G^W €horr ro*,FOR SUPPTEMENTAT PRE-APPLICATION ME Name and Number of who submitted pre-app request Jessica Harrelson, Davidson Engineering (239.434.6050) Agent to list for PLfl Frederick Hood, Davidson Engineering, lnc Owner of property (all owners for all parcels) CG II LLC 850 NWN LLC South Florida Water ManaBement District Citygate Development LLC City Gate Self Storage LLC 3819 3815 White Lake Blvd Associates, LLC Terra Hospitality - Florida, LLC Confirm Purpose of Pre-App: (Rezone, etc.) PUD Rezone Please list the density request of the project if applicable and number of homes/units/offices/docks (any that a pplv): Details about Project (choose type that applies): This request is for a puD Rezone and will repeal the existing city Gate puD ordinance (ord. gg-93) Supplemental tnformation provided by: Name: ressica Harrelson Title: Senior Project Coordinator E tc n zr,tII Phone: 239.434.5050 X Zoning Division PUD Rezone to the City Gate PUD to include the following, but not limited to (at this time):- update and specifically identify permitted uses- update development standards (specific to proposed sports complex development)- update the Conceptual Site Plan- add an access point along the northeastern property line- update the DRI accordingly Zaing DM*r . 2800 Ncrh Hqsestroe Dfirie . lh*s Fffia341f4.2sifr2-2400. **{cdlsgov.net usT oF PROPSED REVISIONS/ADDITTONS Master Development Plan (Map Hl (PUO & OO): o Show Sports Park on City Gate with planned pedestrian connections to CC305; o East "Access Point" - Wilson Blvd. Extension/Benfield Road network; o Show smaller City Gate lake and increased lot area. o Eliminate 2.47 acres Wetlands Delineate Remainint Development (PUD & DOI: After the sale of the 60-acres for the County Sports Complex, the remaining development intensity permitted within City Gate Commerce Park shall be reduced by no more than 200,000 square feet of building development (original total 2,926,000 sq. ft.). "The amount of building development devoted to the various land uses which will occupy City Gate may vary from the estimates incorporated in the A.D.A., but the aBgregate amount of building development indicated by A.D.A. Table 12.8.3. (2,925,000 sq. ft) may not be exceeded." .t/ Update section 2.7 (cGBs a public ROWI o Clarify which streets need to be private versus public . (Ord. 09-69 - Streets To Be P+ivate Open To The Public) Eliminate fire station parcel requirement and provide letter from GNFD SIC Codes (PUD): Update PUD to provide a detailed comprehensive list of SIC Codes. o Put in Section Three - clean up everything east and west of FPL easement Separate County Sports Complex Section Development Standards - County Sports Complex o No burden to City Gate o Note: Field House / ARCH Standards (5.05.08) o Note: Sports Complex is not subject to "dark skies" for site lighting o Unlimited grass parking (with no internal landscape islands required) o Oesign requirements for Parking o Landscapingwidths/buffering o No Buffer or Yard between Sports Park and CC305 if both are jointly planned, in which case the adjoining yard requirements will be waived durinS the 5DP approval process. o Signage city Gate / Sports Complex is exempt from fence / wall requirements ,,/ Add language for items allowed within the existint FPL easement (parking, storm water management, solar power structures) Revise Yards- East of F.P. & L. easement (PUD): o Front yard- 50 feet o Rear yard- 50 feet o Side yard- 25 feet, unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. o ln those instances where multiple buildings are to occur on a single site, yard requirements shall pertain only to the site boundaries, not to separation between buildings. On site, mu ltiple building separation adequacy shall be determined during the SDP approval process. Modify Required Yard Plan / Native Vegetation Retention (PUD) Show North Landscape Buffer (along Golden Gate Canal); updated Cross Section Remove language in Section One 4. Vegetation and Wildlife / Wetlands: b. (DO). The 2.47 ar'es ol wetlands preserve shown on the approved Master Development Plan shall be preserved. Remove PUD wetland language: Traffic (Refer DCA Amendment): All PUD/ DRI t ra ns portation conditions for the buildout of City Gate have been satisfied by Developer's compliance with the obligations under the 2009 Developer's Agreement and 2015 DCA Amendment Utilities - remove all items from PUD and update to reflect current zoning applications Phase and Build-out Dates (DOl: City Gate used an "automatic" statutory 3-year extension; an "automatic" statutory 2-year extension in 2009; and an "automatic" statutory 4-year extension in 2011. Termination Date is October 27, 2025. Either a 10-year extension or abandonment/termination Draft language for lake area (bike/walkin&/multi-purpose path) %W& AI^l$i!,? of the DRl, eliminating such dates while preserving City Gate'5 vested r,Atdfl, hl\\f ights Oevelopment Standards - City Gate o Eliminate restrictions on Phase One retail (PUDI - "designed for highway travelers and/or City Gate market". o Additional Hotel Zoning (PUD): Additional hotel rooms. o Monument/Menu-Board Sitn (PUDI - Add language/request deviation from sign requirements (possible 15'menu board for entire development at City Gate Drive & Lot 7, while allowing a monument sign for developer of Lot 7) d TABTE OF CONTENTS _ EXISTING DOCUMENTS APPROVED ORDINANCES & RESOLUTIONS: . Development Order 88-02/ Resolution No. 88-309 - Original DRI (December 13, 1988) . Ordinance 88-93 - Creation of the City Gate Commerce Park PUD (December 13, 1988) . Ordinance 09-69 - Allows Private to Public ROW (all roadways) (December 1, 2009) . Ordinance 10-42 - Removal of Red Cockaded Woodpecker Language and Requirements (November 9, 2010) . Development Order 90-04/ Resolution No. 90-431 - Amendment to resolve issues raised with the DCA Appeal (August 28, 1990) . Development Order 95{2/ Resolution No. 95-143 - Amendment to phasing schedule, construction commencement date and termination date for project (February 21, 1.995) . Development Order 00-02/ Resolution No. 00-151 - Amendment to phasing schedule, construction commencement date and termination date for project (May 23, 2000) . Development Order 10-01/ Resolution No. 10-223 - Amendment to regulations pertaining to Red Cockaded Woodpeckers (November 9, 2010) AGREEMENTS . Determination of Vested Rights - VRD #2005-AR-7550 (November 18,2005) . Settlement Agreement & Release - Recorded Agreement between Property Owners, Collier County, and Collier Water-sewer District OR 3965 / Pages 2813-2850 (January 13, 2006) . Developer Agreement (DCA) - Recorded Agreement between Property Owners and Collier County OR 4517 Page 640 (December 9, 2009) . Developer ABreement - 1't Amendment - Updated DCA Agreement between Property Owners and Collier County OR 5168 / Page 3989 (June 29, 2015) ENVIRONMENTAL Federal Fish & Wildlife Permit TE145823-0 (luly 1, 2009) pursuant to Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), issued in conjunction with a Habitat Conservation Plan (HCP). City Gate's HCP is the first and only approved HCP to involve Florida panther habitat. SFWMD ERP Permit dtu C-aurtty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT collierRov.net Collier County Contact lnformationi 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 12391252-24oo Si -ln Sh tuje p licationPre-Ap PL#,llD. Name Review Discipline Phone Email E David Anthony Environmental Review 252-2497 davidanthony@colliergov.net l)lu^^er Araque Environmental Review summerbrownaraque@colliergov.net !Steve Baluch Transportation Planning 252-2367 StephenBaluch@colliergov.net .d gurie Beard PUD Monitoring 252-5782 lauriebeard@colliergov.net {craigBrown Environmental Specialist 252-2548 CraigBrown@colliergov.net E Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ! George Cascio Utility Eilling 252-5543 georgecascio@colliergov.net | 7 HeidiAshton cicko Managing Asst. County Attorney 252-8773 heidiashton@colliergov.netdJohn DeBlasiis Zoning Services / Planning Tech 252-10sO johndeblasis@colliergov.net tr Dale Fey North Collier Fire Safety dalefey@colliergov.net {l Kay Deselem Zoning Services 2s2-2s86 kaydeselem@colliergov.net E Eric Fey, P.E Utility Plan Review 252-2434 ericfey@colliergov.net E Sue Faulkner Comprehensive Planning 252-5715 suefau lkner@colliergov.net ! Paula Fleishman lmpact Fee Administration paulafleishman@colliergov.net !Michael Gibbons Structural/Residential Plan Review michaelgibbons@colliergov.net d llancy Gundlach, AICP, PLA Zoning Services 252-2444 nancygundlach@colliergov.net E Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org x.John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net tr .lodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ! llicia Humphries Right-Of-Way Permitting 252-2326 aliciahumphries@colliergov.net i- Eric Johnson, AtCp, CFM Zoning Services enc oh ns on@colliergov.net I Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ! Patty Kulak Zoning Services / Planning Tech 252-1035 patricia ku la k@colliergov. net Stephen Lenberger Environmental Review 252-291,s stevelenbe rger@colliergov.net tr Paulo Martins Utilities 252-4285 paulo!artins@colliergov.net L . Thomas Mastrobeno Grgater Naples Fire Safety 252-734A Thomasmastroberto@colliergov.net!Jack McKenna, P.E Engineering Services 252-2977 ackmcken na @collie rgov.net Matt McLean, P.E.Principal Project Man ager 252-8279 matthewmclean@collie ov.net Citbe.t t/,loncivaiz Utility lmpact Fees 252-421s gilbertmoncivaiz@collie net!Michele Mosca, AICP lmpact Fee Administration 252-2466 michelemosca@collie ov.net updated 4/26/2Ot7 Page l4of 5 252-6290 2s2-2924 252-2426 252-2931 t Crouu w COtt|ER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliersov.net Additional Attendee Contact lnformation: 28OO NORTH HORSESHOE DRIVE NAPTES, FI-ORIDA 34104 l2r9l 252-2400 r1 t1/l Crr\ La{t' '\.co*\ af t _-\ f Annis Moxam Addressing 252-5579 annismoxam@colliergov.net tr Mariam Ocheltree Graphics 252-2375 mariamocheltree@colliergov.net !Brandy Otero Transit 252-5859 brandyotero@colliergov.net I Bill Pancake North Collier Fire Safety 252-2370 billpancake@colliergov.net !Brandi Pollard Utility lmpact fees 252-6237 trandipollard@colliergov.net !Fred Reischl, AICP Zoning Services 252-4211 fredreisch l@colliergov. n et 'E Brett Rosenblum, P.E Stormwater Plan Review 252-290 brettrosenblum@colliergov.net E Richard Orth Stormwater Plan Review 252-5092 richardorth@colliergov.net Alberto Sanchez 252-2380 AlbertoSanchez@colliergov.net ( uichael sawyer Transportation Planning 252-2926 michaelsawyer@colliergov.net qorby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net Chtis Scott, AICP Planning and Zoning 252-2460 chrisscott@collie rgov.net V 76ter shawinsky Architectural Review 252-8s23 petershawinsky@colliergov.net {lamdenSmith Zoning Services / Operations Analirst 252-7042 camdensmith@colliergov.net /scott stone Assistant County Attorney 252-5740 Scottstone@colliergov.net ! Mark Strain Hearing Examiner/CCPC markstrain@colliergov.net [/ tv'tark Templeton Landscape Review 252-2475 marktempleton@colliergov.net - ,,{ ris VanLengen Utility Planning 2s2-5366 krisvanlengen@colliergov.net {Jessica Velasco Zoning Division 252-2584 jessicavelasco@colliergov.net !Jon walsh Building Review 252-2962 jonathanwalsh@colliergov.net fl David Weeks, A|CP Future Land Use Consistency 252-2306 davidweeks@colliergov.net I Kirsten Wilkie Environmental Review kirstenwilkie@colliergov.net !Christine Willoughby Planning and Zoning 252-5748 christinewilloughby@colliergov.net Name Representing Phone Email \rrcu\CIte\,c\T\ecl^rn Crevre.sv^r clru)-lot":> kJiC^ Or:hu rlJrYlnt^eo, NA Jpv bAVraoN €Y)kra4 LLt>,4 I h .uouz Q,)o)-,$s* fe"-.rt l E q9.e > 'r,t4^0,L.',lA .rc faita az - t..oaAfi- e;r- c**Sq3-MZ t<w b^)4to 2rz-lu1 tff.U""ttr6 e Lol Ite4or', Z"t"L Trvt'lln 6n\b J',errrtg FAdi/al 6tro ?d.z<ztt lancs{ro*l @ al /rboot.a updated 4/26120L7 (2,7finr.414--Page l5of5 Public Utilities 252-4446 252-5578 fl\m<{rxo4S^LL C6ttlomD #a-sadx Qouuxy COTLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT lryww.colliergov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FtORtDA 34104 12391 252-2400 F Ax 1239l. 252-s724 ADDRESSING CHECKLIST Please complete the following and email lo GMD_Addressing@colliergov. net or fax to lhe Operations Division a1239-252-5724 or submit in person to the Addressing Section at the above address. Form must be sioned by Addressino oersonnel orior to Dre-aDolication meetino. please allow 3 davs for processino. Not all items will apply to every project. ltems in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older lhan 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (lndicate type below, complete a separate Addressing Checklist for each Petition type) E BL (Blasting Permit)E BD (Boat Dock Extension) E Carnival/Circus Permit E CU (Conditional Use)E EXP (Excavation Permit)E FP (Final Plat E LLA (Lot Line AdJustment)E PNC (Project Name Change) E PPL (Plans & Plat Review) E PSP (Preliminary Subdivision Plat) ! PUD Rezone E RZ (Standard Rezone) tr!!trtrtrtrnn!! E LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) SEE ATTACHED LEGAL FOLIO #S 00298160008, 00298280001 , 00298440304, 26095000028. 26095000044, 26095000060, 26o95oOO086. 26095oOO 109. 26095000125, 26095000167, 26095oOO 183, 26095000206,26095000222, 2609500024E, 26095000264, 26095000329, 260950003,{5, 26095000361, 260950003E7, 26095000442 26095000468. 26095000484. 260950O0507 26095000523, 260950005,19, 26095000565,26095000620. 26095000646, 26095000662. 26095000688. 26095000701 , 26095000727. 26095000743. 26095000769, 26095000785, 26095000808, 26095000824, 26095000840 26095000866, 26095000882 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) S 3 5 T4 9 R2 5 . LOCATION MAP must be attached showing exact location of projecusite in relation to nearest public road righ! otway . SURVEY (mpy - needed only for unplatted propertaes) CURRENT PROJECT NAME (if applicable) City Gate Commerce Park PUD PROPOSED PROJECT NAME (if applicable) City Gate Commerce Park PUD PROPOSED STREET NAMES (if applicable) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (lnsubstantial Change to SDP) SIP (Site lmprovement Plan) SlPl (lnsubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change - Unplatted) TOR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER DOA SITE OEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - orAR or PL # PUD ORDINANCE 88-93 Qounxy COTTIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 28OO NORTH HORSESHOE DRIVE NAPtES, FTORIDA 34104 (2391252-24OO FAX (2391 2s2-s724 Project or developmenl names proposed for, or already appearing in, condominium documents (if application; jndicate whether proposed or existing) Please Return Approved checklist By:Email E Fax !Personally picked up Applicant Name: JESSICA HARRELSON, DAVIDSON ENGINEERING Phone: 239.434.6060 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 Above Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:Ud,{-Date | 1/14/201-7 te:Updated by: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED -7e Email/Fax: JESSICA@DAVIDSONENGINEERING.COM HOL E. MOX7E5 AND A3SOC.. INC. @NSJLT|IrG EXGI{E:aS - [A.rO SUAVIYOaS HMA Fil. No. 85-23 9l30tB6 Sh.rt I ot 2 Tha tlorlh half Of Saqticn 35, Torrn.h I p C9 south, R.nq. 26 E.!t,Colll.r Couoty, Florld! LESS thr ty.t t tOO.OO fc.t th.r.ol forrlght-of-iy.y purpos.! .nd LESS th. fol towing d..crib.d p.rqalr: LEGAL OESCRI PTIO{ C Northwti i' querirr'ff --' - 5 E..t, Coll i.r County, r lbad at ,o I I owr: A pt.c!l of land bcing .'po;it6i-6f thS.<tlon 35, Tolvn.h I p {9 South. R.ng. 2Florida. 9alng iEaa p.rticularly dcrc Canaanclng at tha quartGr Sactlon cornar, coln'|on to Sactlont 3tlnd 35, Towrrhlp 49 South, R.ng. 25 E..t, Col li.. County,Florldr, Sald qutrtcr co.n3. 6!lng markad yrith a t, x lttcoosr.tr tnonur.nt hlvlng t !-lnch brr.r cap attashad to th. topthGr.ot, with.3rq-lnch lron plp.f th.nsc .long th. Srctlon linb.tu..n rald Srct,onr 3t..nd 35. North 00o29'l5i t{..t, t,!t2.t3. t.at to. polnt on thc cantarllna of tha groqor.d Acca.. Ro.c NoI ra aho!,rn on tha Stata qf Ftorlda Drprr_thcni ol T.tn.Eo.-tatlonRJght-ot-W.y ,,{.p for Strt. Rord No. 9: (t-?rt Shr.t !;f to; l-h.ng. !!9ng .rld c.nt.rltn. of th. propo.ld Acc..r Rord No. tNorth lt.3lr0l. Et.t, t00.00 f.rt to'a iolnt on th. E..t.ight-of-rray-lln. of a crntt, .rld polni allo b.lng on th.c.nta.llnr of th. p"opo.ad eccrrr rirrC to tha rat.; tr.at!.otpl.nt D.rc.l: thrnc. .lol\9 erld Errt c.n.l .rtdhtiAt+ii 'llir; -' North 00.2t't5r ta.t, 50.60 fa.t to . {. x tr-concrrtr tt!.rnrantrErklnt -th. l{ortlrwlrt cornaF ot tha proporad accarr rordrlght-ol{ty_tc ths w.t.r tr.rt&.nt ilr;rt D.rc.l; tnd brtng thetru. IOINT Ol BEt t0 t*i of rh. pr.c.j to bi h...i^ drrcrlbidttnlnca rlong tn. No.th I in. of rald .cc..t ?otd rloht-or-y.tyNorth l9ollr0t. Errt, ts6.!t f..t to. l. x l. conirit! oonlEr.rtt rklng th. lnt.rrcctlon gt,.ld North rlqht-of-rti Hlth th. W..bound-..y llna of th. w.tar t...tn.nt plani percrl;'thanc. .long!.ld W..t boundtry lln. r{orth O0.t?'ti}r-Er.t...r9{:9! tc.t ro rnlron roC on thi lle.t.rly .lqht-of-erv of. rtrlo cf l.nd !rO f..l,l irldth.fcr . Florld., pora. 6 Lfghi Corlp.ny ('FpsL) rlght-of-n..r d..crlb.d in Orttct.t R.cord! B6ok 6!r'. piroi t2t6. C6 lGrcouaty R.co.dri rht^c. tlong .ald ly.rtarly. Fp;L rlEhi_ot..r..yo'rh 31.30,2.r Errt, ,o,or-fiii to ii-ii6.'iia,'iiii.i6ontlrplng-t I 9^s .. I d lr.lt., ry FeiL ri giri;ir r--ri ioJli- sr.:o.or.Er.t, 7at.5a-1..t to . qr x ti concrati raorunrni: thincr ;::::T:t:.:;;"?.:i' i"':'l:'l'.5':!":l:t:-*;H"::"1[#:" " o' clntt nutng_. lonr r. td w..r.r ty Fp;4'';i;i;_;;;"i;ui;- oo. 17, r q.w.rt, 3!2.7. fcit to en trcn iort nrrrklis trri iiieiiiiiron or rrt ii:i!i:!"iit_.":l?':ifirr.:l*:1."*ii!Jlf ,ii' ii;xiiri niii I::i:nj?- lr.:?y!h:-plgo - : t er t, co- I i i ii' d"niil'iii,io. ; .. raPolnl altO Dalng tha Southatrt coirtt? of tha Fa;aGl balnE h.rclnd.tcrtb.d; th.ncr.tonE 3.td south r I "i ' o i'-ini-irii irr-ii r i or trrlsouth hrtt ot th. orrfrxr.r qu.rt.. or-scitioi ii,'3.iiir,89.0tr{or W.st, 6to.s2 f..t to. r., ca .oiii"ii'arii rrrt; rlra t t t Y d "-:ETEIi. #rrrfE,aqlqcsq ,l,I I i l I I I I I I I I I I I I I I i I I I i I I I I I tlVA Fl I . No. ES .23 9r30,/16 Shect I oI l of .rtd S.ctlon !S, rt f rgn thr Soutliwart' . - ot th. North hr|f ;tWa. t, 206.27 f.Gr 16 point.baing-th. Southrcrt corn.r of th. prrc.l b.lnq bGrrinsEtcl'locoi lnanca alono tht Yart boundrriT lina of riid p.?CtlNorth 00.{7.r{. Eatr. Es:.io"iiit-ii";-;I ;';; ;;";;l;. monuD.nttr.rktng th.- int.r.GGtton ot u,i-ieri io"nai.v oi-iii,-i.,..j:::!,*,.:t pt.nt prrcrt wtth th. South riqht_;f__.r-Jr in.propor..t .cca.t rold to th. wrt.r tr.rtrini pi.ni.eir".f: thancGrtong rrtd sosth rtsht-of-v.y south s;;ii;;r;'tv;;t.-iir.rr t.".' to . q. x !._con.r.a. nonqosirt,rt.ktng th. int.iiiitiin of relA.:::::. :9.d south riEht_or_wry wtth tir Eir; ;i;;;:;i:;.y of .;::i' i ;;::i';;: l"tl i^'l'"8, lilElE*iliiii' i-*i|' x"I i n' 6 ir 2 e r 1 5. AND A Pc.tlo.l of th. North hrt?. of S.ctlon 35, iownshlF q, south,R.nE. 26 E.3t; b.ing d.3crib.d tr fol lcr[ri B.gln on th. South lln. of th. Noith h.lt of.atd S.c on !5. atr polnt North 19.00 ' 0l i E.t I100,00 ftat froit tha Sour hwrrt€orn.f ot thc North h.lf of r.ld S.ct I cn !s. th.nqa run Nor th00.29rl5r W.rt l.r!1. I t f..t, th.nc. South Ot.ll r 0t,, E rt,'2 9 5.'92 - f..t th.nc." Sou th 02. ra.2 5. Er.t.-.750.6 0 f..t to-th.--- -b.9l nnl n9 of a cuava co nclv. to th. Northta, t. curv.. th.na. South hrough a cantrr I43.t run South.r Iang7t3qrErtlc ot 4t y rloog€01r 2tr31.t6 lcct to th. ily havlng r radlutd curv..2qO.5! South I ln. of 33 6-00 fc.t, thanca ra lfact. t tg th. snd of r.ld ..ld Scct I on 35, th.nc. South a 9.00r 0t.-th. POt OF BECIMII l€t 4.ff I'l:".::. ;";.ifi .1"::l I.:j li. lliT"il ; rown.h, p re scuth, A}ID Brgln on thc South lln. o f th. North h.l t t, th.nc! l{or th t h E 00c29 | 1 5.l{cr t. !5.00 !.t. thanca North . polnt No rth t9c00,0t !E..t.306.2, f..tcotnar 0,th. North h.l f ot Jald Sac on 3 thanct run No rthrl!.t7. s{.!h. North w.rt. tt.16 faG .00 ,aa t. thcnca aunNgrtt|U.a t an9 orc 16r25r lV..t,7SO.60 ...t.t ly h.vl.rly along ratl'0lr29r to n9 Id f!. t to th. b.gl nnr..diur of 336curv.2l0.Sl l..tcnd of rald cu.vthrnca Nort In9 o f t gurvc concevr to" l. of th.through r ccntri It, thanca Nor th0t.21r 0!. Wir t. 296-9t 9?3t'Ot. 8..t. 6t.12 t.rt,thlnc. South 0t.2t r 0l. E rt, 3?!.31I!tt, th.nc. sgu 0tot6r 2ti E .t, 75 r. f8 i havlng . ..dluraat, to th.br9ol innlng 2 55. oo thof I gurva cf!.t, thanc.oncava to thr Norrun South.a. t.r I d csivr 190. {E ,..t th.t. t. r I lh rcu!thirrrc.h I ca ntr.l .n9lattot7r 5a.Ear t,of tt y.longc0t | 29r I s9.5r f c.t to th. South I ln. ra lto th. .nd of rtld cur ot thG Sou th,{orth h.tt o POI T t.rld S.ct EEGINNI loo 3 t. th.ns. t{G. Sourh 89.00, Ot r Wa.t, 9g.ttOt..t to thr Contrlntng :!7.1!7 .cr.., nror. or I trr. 3 HOLE. MOX7E5 & A550CtATES. tNC. "=**a:sii+*ritfu;*r .: r. r ::rr-iitl*,;;.;:..ri 'i l l I I il il I It, I ir jl I ! It I I .:.] DOA APPLICATION & ATTACHMENTS • ATTACHMENT A: DISCLOSURE OF INTEREST • ATTACHMENT B: LEGAL DESCRIPTION • ATTACHMENT C: FOLIO NUMBERS • ATTACHMENT D: PROJECT NARRATIVE COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 APPLICATION FOR PUBLIC HEARING FOR (check one): Chapter 3 D.1 of the Administrative Code F.S. § 380.06 and 380.0651 DRI Application for Development Approval (DRI) DRI Notice of Proposed Change (DOA) Other DRI Development Order Amendment (DOA) PROJECT NUMBER PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Applicant(s): ___________________________________________________________________________________ Firm: _________________________________________________________________________________________ Address: _____________________________________ City: _______________ State: __________ ZIP: __________ Telephone: ______________________ Cell: __________________________ Fax: ___________________________ E-Mail Address: ________________________________________________________________________________ Agent(s): _____________________________________________________________________________________ Firm: _________________________________________________________________________________________ Address: _____________________________________ City: _______________ State: __________ ZIP: __________ Telephone: ______________________ Cell: __________________________ Fax: ___________________________ E-Mail Address: ________________________________________________________________________________ DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? Yes No Please provide the following information on separate sheets and attach to the application: 1.If applicant is a land trust, so indicate and name beneficiaries. 2.If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. 3.If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. To be completed by staff 2/4/2015 Page 1 of 6 See Attachment "A" COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 4.If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. 5.If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. 6.If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address. PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application, if space is inadequate, attach on separate page: •If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; •The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and •The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: _____________________________Section/Township/Range: _______/_______/_______ Subdivision: _________________________________________________Lot: _____________ Block: ___________ Metes & Bounds Description: __________________________________ Plat Book: _________ Page #: _________ Size of Property: _____ft. X ______ ft. = _______ Total Sq. Ft. Acres: ______ Address/ General Location of Subject Property: ______________________________________________________ ______________________________________________________________________________________________ If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on separate page) Property I.D. Number: _____________________________Section/Township/Range: _______/_______/_______ Subdivision: _________________________________________________Lot: _____________ Block: ___________ Metes & Bounds Description: __________________________________ Plat Book: _________ Page #: _________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 2/4/2015 Page 2 of 6 See Attachment "B" COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 DETAIL OF REQUEST 1.Does the proposed action comply with the Collier County Growth Management Plan? Yes No If no, provide a written explanation on a separate sheet, attached to the application. 2.Has a public hearing been held on this property within the last year? Yes No If yes, please provide a written explanation of the hearing on a separate sheet, attached to the application. 3.If this is a NOPC application, has any portion of the DRI been: SOLD and/or DEVELOPED? 4.On a separate sheet attached to the application, please provide a detailed narrative statement that explains the requested action and why this action is proposed. Provide applicable supporting material and a list of all previous actions on the subject site, beginning with the original DRI/PUD approval and including all subsequent amendments. Include hearing number, hearing dates and a summary of the approved action. 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 at its 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. 2/4/2015 Page 3 of 6 If yes, please provide a written explanation on a separate sheet, attached to the application. See Attachment "D" See Attachment "D" COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: DRI Application for Development Approval (DRI) DRI 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 # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) Project Narrative 3 Pre-application meeting notes Completed Addressing checklist (no older than 6 months) 2 Site Development Plan, 24” x 36” copy, 8 ½” x 11” copy, and one jpg copy (from DRI Development Order) An 8 ½ in. x 11 in. graphic location map of the site DRI Development Order Master Plan 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 Traffic Impact Study (TIS) or waiver 5 Completed State NOPC Form with all attachments (if amendment) Completed State ADA Form with all attachments (if original DRI) Draft DRI Development Order to address proposed change Copies of Notices sent to DEO and RPC 2 Electronic copy of all documents and plans 1 School Impact Analysis Application - residential projects only (download the School Impact Analysis Application from website) 2 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement SCHOOL CONCURRENCY - If the proposed project includes a residential component, you are required to contact the School District of Collier County at 239-377-0267 to discuss school concurrency requirements. 2/4/2015 Page 4 of 6 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Addressing: Annis Moxam Environmental Review: See Pre-Application Meeting Sign-In Sheet Bayshore/Gateway Triangle Redevelopment: Executive Director Graphics: Mariam Ocheltree City of Naples: Robin Singer, Planning Director Historical Review Comprehensive Planning: See Pre-Application Meeting Sign-In Sheet Immokalee Water/Sewer District: Conservancy of SWFL: Nicole Ryan Parks and Recreation: Vicky Ahmad County Attorney’s Office: Heidi Ashton-Cicko School District (Residential Components): Amy Heartlock Emergency Management: Dan Summers; and/or EMS: Artie Bay Transportation Pathways: Stacey Revay Engineering: Alison Bradford Transportation Planning: John Podczerwinsky Other: Utilities Engineering: Kris VanLengen FEE REQUIREMENTS Pre-Application Meeting: $500.00 (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) DRI Review (In addition to cost of rezone): $10,000.00 plus $25.00 per acre (or fraction thereof) o Additional fee for 5th and subsequent reviews: 20% of original fee DRI/DO Amendment: $6,000.00 plus $25.00 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 5th 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 DRI, will be capped at $13,000.00. o Any amendment which includes a map and text change will assessed the full fee (no cap) DRI Extension: $100.00 DRI Comprehensive Plan Consistency Review: $2,250.00 Estimated Legal Advertising Fee: o CCPC: $925.00 o BCC: $500.00 Listed or Protected Species Review: $1,000.00 Property Owner Notifications: $1.50 Non-certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from the Zoning Services Department) Transportation Fees, if required: o Methodology Review: $500.00 o Minor Study Review: $750.00 o Major Study Review: $1,500.00 School Concurrency Fee, if required: [reserved] o Mitigation Fees, if applicable, are to be determined by the School District in coordination with the County Fire Code Review: 2/4/2015 Page 5 of 6 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 o DOA: $120.00 o DRI: $200.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 2/4/2015 Page 6 of 6 CITY GATE COMMERCE PARK DOA - PL20170002634 Attachment A – Disclosure of Interest August 2017 www.davidsonengineering.com ATTACHMENT “A” DISCLOSURE OF INTEREST • If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: • If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: • If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: NAME OF OWNER PERCENTAGE OF OWNERSHIP 1. CG II, LLC Ownership of CG II, LLC - David L. Brennan Trust -1996 65% - Brennan Holdings, LLC 35% - David L. Brennan Trust & Ann A. Brennan Trust- 1996 (42%) - Children’s trust (58%) Elizabeth Brennan, John Brennan, Kathleen Brennan and Nancy Brennan) 2. 850 NWN, LLC Ownership of 850 NWN. LLC Exit 15 Development, LLC 9010 Strada Stell Court, Suite 207, Naples, FL 34109 99% 500 Investment Company, LLC 121 S. Main Street, Suite 500, Akron OH 44308 1% Ownership of Exit 15 Development, LLC Name Percentage Interest* Brennan Holdings, LLC 99% David L. Brennan Trust 1% 3. Citygate Development, LLC Ownership of Citygate Development, LLC - David L. Brennan Trust -1996 53% - Brennan Holdings, LLC 47% - David L. Brennan Trust & Ann A. Brennan Trust- 1996 (42%) - Children’s trust (58%) Elizabeth Brennan, John Brennan, Kathleen Brennan and Nancy Brennan) Citygate Commerce Park DOA - PL20170002634 Attachment B – Legal Description January 22, 2018 www.davidsonengineering.com ATTACHMENT “B” LEGAL DESCRIPTION A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA; THENCE NORTH 89°00'01" EAST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 35, A DISTANCE OF 306.27 FEET TO A POINT ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF SECTION 35, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 43°47'54" WEST, A DISTANCE OF 94.86 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 336.0 FEET, DELTA OF 41°01'26", AND A CHORD BEARING AND DISTANCE OF NORTH 23°14'57" WEST, 235.47 FEET, RESPECTIVELY; THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 240.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 02°46'25" WEST, A DISTANCE OF 750.60 FEET; THENCE NORTH 04°21'08" WEST, A DISTANCE OF 294.22 FEET TO AN INTERSECTION WITH PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR STATE ROAD NO. 93 (I-75) SHEET 8 OF 10; THENCE NORTH 89°31'01" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PROPOSED ACCESS ROAD AND THE NORTH BOUNDARY OF THE SOUTHERN PORTION OF CITY GATE COMMERCE CENTER, PHASE ONE, A DISTANCE OF 454.07 FEET TO AN INTERSECTION WITH THE WEST LINE OF COLLIER COUNTY WATER TREATMENT PLANT AS RECORDED IN OR 1022, PG 1257; THENCE SOUTH 00°47'14" WEST ALONG SAID WEST LINE OF TREATMENT PLANT AND THE EAST BOUNDARY OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 653.80 FEET; THENCE NORTH 89°04'40" EAST ALONG THE SOUTH LINE OF SAID TREATMENT PLANT AND THE NORTH BOUNDARY OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 690.82 FEET TO AN INTERSECTION WITH THE WEST LINE OF A 170.00 FEET WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT, AS RECORDED IN OR 681, PG 1210; THENCE NORTH 00°47'14" EAST ALONG THE WEST LINE OF SAID EASEMENT AND THE EAST LINE OF SAID TREATMENT PLANT, A DISTANCE OF 332.74 FEET TO A POINT ALONG THE EAST LINE OF SAID WATER TREATMENT PLANT AND THE WEST LINE OF SAID EASEMENT; THENCE CONTINUE NORTH 00°47'14" EAST ALONG SAID WEST LINE AND SAID EAST LINE, A DISTANCE OF 1,066.70 FEET; THENCE NORTH 58°30'03" WEST ALONG THE NORTHERLY LINE OF SAID TREATMENT PLANT AND THE SOUTHERLY LINE OF SAID EASEMENT, A DISTANCE OF 596.93 FEET TO THE SOUTHEAST CORNER OF PARCEL "A" PROPOSED CONVEYANCE TO CITY GATE AS RECORDED IN OR 3695, PG 2872; THENCE SOUTH 61°10'06" WEST ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF SAID TREATMENT PLANT, A DISTANCE OF 203.97 FEET; THENCE SOUTH 00°47'14" WEST ALONG THE EAST BOUNDARY OF SAID CITY GATE, PHASE ONE AND THE WEST LINE OF SAID TREATMENT PLANT, A DISTANCE OF 870.28 TO AN INTERSECTION WITH SAID PROPOSED ACCESS ROAD; THENCE SOUTH 89°31'01" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID PROPOSED ACCESS ROAD AND THE SOUTH BOUNDARY OF THE NORTHERN PORTION OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 456.52 FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF STATE ROAD 951; THENCE NORTH 00°29'22" WEST ALONG SAID EAST RIGHT OF WAY LINE OF STATE ROAD 951 AND THE WEST LINE OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 1260.46 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 89°13'02" EAST ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 5,182.54 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00°30'14" EAST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE OF 2,669.36 TO THE MIDPOINT OF THE EAST LINE OF SECTION 35; THENCE SOUTH 86°27'31" WEST, A DISTANCE OF 66.98 FEET TO THE Citygate Commerce Park DOA - PL20170002634 Attachment B – Legal Description January 22, 2018 www.davidsonengineering.com NORTHEAST CORNER OF LOT 18, WHITE LAKE CORPORATE PARK, PHASE THREE; THENCE SOUTH 89°00'01" WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SECTION 35, A DISTANCE OF 4,910.20 FEET TO THE POINT OF BEGINNING. PROPERTY CONTAINS 12,699,815 SQUARE FEET OR 291.55 ACRES, MORE OR LESS. CITY GATE COMMERCE PARK DOA - PL20170002634 Attachment C – List of Folio Numbers August 2017 1 www.davidsonengineering.com ATTACHMENT “C” CITY GATE COMMERCE PARK PUD FOLIO NUMBERS 1. 00298160008, 2. 00298280001, 3. 00298440304, 4. 26095000028, 5. 26095000044, 6. 26095000060, 7. 26095000086, 8. 26095000109, 9. 26095000125, 10. 26095000167, 11. 26095000183, 12. 26095000206, 13. 26095000222, 14. 26095000248, 15. 26095000264, 16. 26095000329, 17. 26095000345, 18. 26095000361, 19. 26095000387, 20. 26095000442, 21. 26095000468, 22. 26095000484, 23. 26095000507, 24. 26095000523, 25. 26095000549, 26. 26095000565, 27. 26095000620, 28. 26095000646, 29. 26095000662, 30. 26095000688, 31. 26095000701, 32. 26095000727, 33. 26095000743, 34. 26095000769, 35. 26095000785, 36. 26095000808, 37. 26095000824, 38. 26095000840, 39. 26095000866, 40. 26095000882 Citygate Commerce Park DOA - PL20170002634 Attachment D – Project Narrative January 22, 2018 1 www.davidsonengineering.com ATTACHMENT “D” PROJECT NARRATIVE The Citygate Commerce Park is an existing Development Order, originally approved under Development Order No. 88-02/ Resolution No. 88-309. The existing site consists of 291.55 acres, located at the northeast quadrant of Interstate-75 and Collier Boulevard (C.R. 951). The Citygate Commerce Park allows for a mix of office, industrial and commercial uses. Portions of the development have been sold to allow for the construction of hotels, a self-storage warehouse facility, a South Florida Water Management District facility, a car wash and a gas station. The following amendments to the original Development Order have been approved, as outlined below: • Development Order 90-04/ Resolution No. 90-431 – Amendment to resolve issues raised with the DCA Appeal • Development Order 95-02/ Resolution No. 95-143 – Amendment to phasing schedule, construction commencement date and termination date for project • Development Order 00-02/ Resolution No. 00-151 – Amendment to phasing schedule, construction commencement date and termination date for project • Development Order 10-01/ Resolution No. 10-223 – Amendment to regulations pertaining to Red Cockaded Woodpeckers This Development Order Amendment consists of the following requests: • Update the Master Concept Plan • Remove Section 4.b of Development Order 88-02, as amended (1990-04), in its entirety. Below is a justification for the removal of this section. o A total of 23.77 acres of wetlands were present on the property at the time of ERP permitting with the SFWMD. The SFWMD environmental resource permit for City Gate was issued in October of 2009. As part of that permit, the SFWMD authorized direct impacts to all but 2.01 acres of jurisdictional wetlands that were present on the property. The 2.01 acres of wetlands, located in City Gate Phase 3, are isolated and made up of a 0.69-acre area in the central portion of the phase and a 1.32-acre area adjacent to the southern property line. The SFWMD considered these remaining wetlands to be secondarily impacted due to isolation by the proposed surrounding development. City Gate has already mitigated for these secondary impacts as part of their approved permit. Due to the small, isolated nature of these wetlands and the fact that they have already been secondarily impacted, the SFWMD would allow these wetlands to be directly impacted. A permit modification would be required along with a small amount of offsite mitigation at an approved wetland mitigation bank – City Gate or Collier County may pursue this modification in the future. No permits from Federal agencies (ACOE or USFWS) would have to be modified or acquired for this change. • Amend Section Two, Findings of Fact, to update the acreage and project development. • Remove Section 9.c of Development Order 88-02, as amended (1990-04), in its entirety. • Amend Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended (2000-02) to extend the termination date by five (5) years to October 26, 2030. • Amend Paragraph 5 of an untitled Section (Page 12) of Development Order 88-02, as amended (2000-02) to change from annual to biennial reports. • Amend Paragraph 10 under the Conclusion of Law Section (Page 11) to make reference to the Citygate Commerce Park DOA - PL20170002634 Attachment D – Project Narrative January 22, 2018 2 www.davidsonengineering.com updated Master Development Plan • Amended Section 3, Conclusions of Law, to add language regarding the Sports Complex Project and note the traffic conversion of industrial and office land uses in exchange for the Sports Complex and/or hotel units. NOPC APPLICATION 1 FORM DEO-BCP-PROPCHANGE-1 Rule 73C-40.010, FAC. Effective 11-20-90 (Renumbered 10-01-11) STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING & DEVELOPMENT The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1.I, Frederick E. Hood, AICP, the undersigned owner/authorized representative of CG II, LLC and 850 NWN, LLC, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the City Gate Commerce Park development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of Community Planning, Department of Economic Opportunity. ___________________________ _________________________________ Date Signature 8.30.2017 2 2.Applicant (name, address, phone). CG II, LLC, 850 NWN, LLC and Citygate Development, LLC 121 S Main Street, Suite 500 Akron, OH 44308 3.Authorized Agent (name, address, phone). Davidson Engineering, Inc. Frederick E. Hood, AICP Senior Planner 4365 Radio Rd, Suite 201 Naples, FL 34104 4.Location (City, County, Township/Range/Section) of approved DRI and proposed change. City: Naples County: Collier Section 35/ Township 49/ Range 26 5.Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. The purposes of this application are for the following: Request a 5-year extension on the build-out date, Update the Master Concept Plan, Remove Section 4.b from the existing DRI relating to wetlands, Formal name change request from the CityGate Commerce Park to the City Gate Commerce Center, Provide additional external access points along the eastern property line of the City Gate Commerce Park PUD/DRI. One of the three additional access points being requested (located in the northeast corner) will allow for the connection of the proposed City Gate Boulevard North Extension, to the proposed interconnect to Collier County’s Resource Recovery Business Park, and eventually will connect to the proposed Wilson Boulevard-Benfield Road Extension. The remaining two (2) access points being requested will provide pedestrian and vehicular connections, within the proposed Collier County Sports Complex Lot. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The existing master site plan has been updated and a copy has been included for your review. 3 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. The Substantial Deviation Determination Chart has been completed and is attached for review staff’s review. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? • Development Order 88-02/ Resolution No. 88-309 – Original DRI • Development Order 90-04/ Resolution No. 90-431 – Amendment to resolve issues raised with the DCA Appeal • Development Order 95-02/ Resolution No. 95-143 – Amendment to phasing schedule, construction commencement date and termination date for project • Development Order 00-02/ Resolution No. 00-151 – Amendment to phasing schedule, construction commencement date and termination date for project • Development Order 10-01/ Resolution No. 10-223 – Amendment to regulations pertaining to Red Cockaded Woodpeckers 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within ½ mile on a project master site plan or other map. N/A. This does not apply to our request. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES _X_________ NO _______________ 4 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. A five – year extension of the existing build-out date is being requested with this application. 11. Will the proposed change require an amendment to the local government comprehensive plan? Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 73-40.025, Florida Administrative Code: A Planned Unit Development Rezone (PUDR) and a DOA- Notice of Proposed change have been submitted concurrently with this application, to Collier County Growth Management. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Copies of the original and updated Master Concept Plans have been included for your review. Additionally, copies of these have been provided to Collier County Growth Management within the PUDR and DOA submittals. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; The purposes of this application are for the following:  Request a 5-year extension on the build-out date,  Update the Master Concept Plan,  Remove Section 4.b from the existing DRI relating to wetlands,  Formal name change request from the CityGate Commerce Park to the City Gate Commerce Center,  Provide additional external access points along the eastern property line of the City Gate Commerce Park PUD/DRI. One of the three additional access points being requested (located in the northeast corner) will allow for the connection of the proposed City Gate Boulevard North Extension, to the proposed interconnect to Collier County’s Resource Recovery Business Park, and eventually will connect to the proposed Wilson Boulevard-Benfield Road Extension. The remaining two (2) access points being requested will provide 5 pedestrian and vehicular connections, within the proposed Collier County Sports Complex Lot. b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; The legal description and boundary of the existing DRI has not changed, therefore an updated legal description is not being provided. c. A proposed and amended development order deadline for commencing physical development of the proposed changes, if applicable; N/A d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; N/A e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and Acknowledged. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C-40.025 (7), F.A.C. N/A SUBSTANTIAL DEVIATION DETERMINATION CHART Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. TYPE OF LAND USE CHANGE CATEGORY PROPOSED PLAN ORIGINAL PLAN PREVIOUS D.O. CHANGE & DATE OF CHANGE Attraction/Recreation # Parking Spaces NO CHANGE # Spectators N/A # Seats N/A Site locational changes NO CHANGE Acreage, including drainage, ROW, easements, etc. NO CHANGE External Vehicle Trips NO CHANGE D.O. Conditions NO CHANGE ADA Representations NO CHANGE Airports Runway (length) N/A Runway (strength) N/A Terminal (gross square feet) N/A # Parking Spaces N/A # Gates N/A Apron Area (gross square feet) N/A Site locational changes N/A Airport Acreage, including drainage, ROW, easements, etc. N/A SUBSTANTIAL DEVIATION DETERMINATION CHART Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Airports (cont.) # External Vehicle Trips N/A D.O. Conditions N/A ADA representations N/A Hospitals # Beds N/A # Parking Spaces N/A Building (gross square feet) N/A Site locational changes N/A Acreage, including drainage, ROW, easements, etc. N/A External Vehicle Trips N/A D.O. conditions N/A ADA representations N/A Industrial Acreage, including drainage, ROW, easements, etc. NO CHANGE # Parking spaces NO CHANGE Building (gross square feet) NO CHANGE # Employees NO CHANGE chemical storage (barrels and pounds) NO CHANGE Site locational changes NO CHANGE SUBSTANTIAL DEVIATION DETERMINATION CHART Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Industrial (cont.) # External vehicle trips NO CHANGE D.O. Conditions NO CHANGE ADA representations NO CHANGE Mining Operations Acreage mined (year) N/A Water withdrawal (gal/day) N/A Size of mine (acres), including drainage, ROW, easements, etc. N/A Site locational changes N/A # External vehicle trips N/A D.O. Conditions N/A ADA representations N/A Office Acreage, including drainage, ROW, easements, etc. NO CHANGE Building (gross square feet) NO CHANGE # Parking Spaces NO CHANGE # Employees NO CHANGE Site locational changes NO CHANGE # External vehicle trips NO CHANGE D.O. Conditions NO CHANGE SUBSTANTIAL DEVIATION DETERMINATION CHART Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Office (cont.) ADA representations NO CHANGE Petroleum/Chemical Storage Storage Capacity (barrels and/or pounds) N/A Distance to Navigable Waters (feet) N/A Site locations changes N/A Facility Acreage, including drainage, ROW, easements, ect. N/A # External vehicle trips N/A D.O. Conditions N/A ADA representations N/A Ports (Marinas) # Boats, wet storage N/A # Boats, dry storage N/A Dredge and fill (cu. yds.) N/A Petroleum storage (gals.) N/A Site locational changes N/A Port Acreage, including drainage, ROW, easements, etc. N/A # External vehicle trips N/A D.O. Conditions N/A ADA representations N/A SUBSTANTIAL DEVIATION DETERMINATION CHART Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Residential # Dwelling units N/A Type of dwelling units N/A # of lots N/A Acreage, including drainage, ROW, easements, etc. N/A Site locational changes N/A # External vehicle trips N/A D.O. Conditions N/A Wholesale, Retail, Service Acreage, including drainage, ROW, easements, etc. NO CHANGE Floor Space (gross square feet) NO CHANGE # Parking Spaces NO CHANGE # Employees NO CHANGE Site locational changes NO CHANGE # External vehicle trips NO CHANGE D.O. Conditions NO CHANGE ADA representations NO CHANGE SUBSTANTIAL DEVIATION DETERMINATION CHART Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Hotel/Motel # Rental Units NO CHANGE Floor space (gross square feet) NO CHANGE # Parking Places NO CHANGE # Employees NO CHANGE Site locational changes NO CHANGE Acreage, including drainage, ROW, easements, etc. NO CHANGE # External vehicle trips NO CHANGE D.O. Conditions NO CHANGE ADA representations NO CHANGE R.V. Park Acreage, including drainage, ROW, easements, etc. NO CHANGE # Parking Spaces NO CHANGE Buildings (gross square feet) NO CHANGE # Employees NO CHANGE Site locational changes NO CHANGE # External vehicle trips NO CHANGE D.O. conditions NO CHANGE ADA representations NO CHANGE SUBSTANTIAL DEVIATION DETERMINATION CHART Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Open Space (All natural and vegetated non-impervious surfaces) Acreage NO CHANGE Site locational changes NO CHANGE Type of open space NO CHANGE D.O. Conditions NO CHANGE ADA representations NO CHANGE Preservation, Buffer or Special Protection Areas Preservation (cont.) Acreage 2.47 acres to 0 acres Site locational changes NO CHANGE Development of site proposed NO CHANGE D.O. Conditions NO CHANGE ADA representations NO CHANGE AFFIDAVITS OF AUTHORIZATION WARRANTY DEEDS MASTER DEVELOPMENT PLAN SOUTH COUNTY REGIONALWATER TREATMENT PLANT(NOT WITHIN CITY GATECOMMERCE PARK MPUD)LAKE ANDRECREATIONAL TRACTCITY GATE BOULEVARD SOUTHCITY GATE BOULEVARD NORTHCITY GATE BOULEVARD NORTHBRENNAN DRIVEFPL EASEMENTWHITE LAKE BOULEVARD CITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75COLLIER BOULEVARDC.R.951 GOLDEN GATE CANALFOR DRIVEWAYS/PEDESTRIAN ACCESSONLY; INTERNAL ACCESSROADWAYS ONLY"SPORTS COMPLEX LOT"EAST OF FPLEASEMENTWEST OF FPLEASEMENTEAST OF FPLEASEMENTFOR DRIVEWAYS/PEDESTRIAN ACCESSONLY; INTERNAL ACCESSROADWAYS ONLYWEST OF FPLEASEMENTMASTER DEVELOPMENT PLANN LAND USE TABLEWEST OF THE FPL EASEMENTRIGHT-OF-WAYLOTSTOTAL WEST36.45 AC7.18 AC29.27 ACEAST OF THE FPL EASEMENT [1]RIGHT-OF-WAYLOTS [2]LAKE AND RECREATIONAL TRACT15.98 AC164.28 AC13.84 ACTOTAL EAST255.10 AC[1] TOTAL REQUIRED NATIVE VEGETATION TO BERETAINED WITHIN LOTS = 30.57 ACRES[2] INCLUDES ±10.00 ACRES OF FPL EASEMENTTOTAL CITY GATE COMMERCE PARK PUD291.55 AC1ST SUBMITTAL08/18/2017 REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 09/21/201709/27/2017SPORTS COMPLEX61.00 ACEXHIBIT A-11 of 5REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 11/13/2017MASTER DEVELOPMENT PLANCITY GATE COMMERCE PARKIN THE NORTH HALF OF SECTION 35, TOWNSHIP 49, RANGE 26 ECOLLIER COUNTY, FLORIDAMAP H12/15/20174365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 CITY GATE DEVELOPMENT LLC, GG II, LLC & 850 NWN, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225 CITY GATE COMMERCE PARK MPUD DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: J.A.W. J.A.W. J.M.F.SHEET NO:SHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT: REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 1/19/20181/18/2018(±2.50 AC)(±2.50 AC) SOUTH COUNTY REGIONALWATER TREATMENT PLANT(NOT WITHIN CITY GATECOMMERCE PARK MPUD)LAKE ANDRECREATIONAL TRACTCITY GATE BOULEVARD SOUTHCITY GATE BOULEVARD NORTHCITY GATE BOULEVARD NORTHBRENNAN DRIVEFPL EASEMENTWHITE LAKE BOULEVARD CITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75COLLIER BOULEVARDC.R.951 ZONING: COLLIER COUNTYRECOVERY BUSINESS PARK IPUDLAND USE: COUNTY FACILITIESZONING: AGRICULTURALLAND USE: UNDEVELOPEDZONING: WHITE LAKE PUDLAND USE: DEVELOPED ANDUNDEVELOPED INDUSTRIALZONING: ESTATESLAND USE: CANALZONING: AGRICULTURALLAND USE: UNDEVELOPEDGOLDEN GATE CANALFOR DRIVEWAYS/PEDESTRIAN ACCESSONLY; INTERNAL ACCESSROADWAYS ONLY"SPORTS COMPLEX LOT"EAST OF FPLEASEMENTWEST OF FPLEASEMENTEAST OF FPLEASEMENTFOR DRIVEWAYS/PEDESTRIAN ACCESSONLY; INTERNAL ACCESSROADWAYS ONLYWEST OF FPLEASEMENT5' TYPE A LANDSCAPE BUFFERALONG PORTIONS OF SOUTHERN PUD BOUNDARYFOR INDUSTRIAL USE ONLY - TO BE EVALUATEDDURING SDP APPLICATIONTYPE C LANDSCAPE BUFFERALONG NORTHERN PUD BOUNDARY(CONSISTENT WITH EXHIBIT A-4)10' TYPE A LANDSCAPE BUFFERALONG EASTERN PUD BOUNDARY20' TYPE D LANDSCAPE BUFFERALONG COLLIER BOULEVARD10' TYPE A LANDSCAPE BUFFERALONG PORTIONS OF SOUTHERNPUD BOUNDARYN1ST SUBMITTAL08/18/2017 REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 09/21/201709/27/2017 11314151617CITY GATE COMMERCE PARK MPUD291.55 ACREQUIRED OPEN SPACE CALCULATION291.55 x 30% = 87.47 ACRESDEVIATION REQUESTSDEVIATION REQUESTS 22 & 23 ARE PROPOSED TOOCCUR THROUGHOUT THE CITY GATE COMMERCEPARK MPUDALL OTHER DEVIATIONS HAVE BEEN IDENTIFIED ANDGENERALLY LOCATED WITHIN THE SUBDIVISIONMASTER CONCEPT PLANPLEASE REFER TO EXHIBIT A-1: MASTERDEVELOPMENT PLAN 3 OF 5 - 5 OF 5 FOR ALLDEVIATION SPECIFICATIONS AND REQUESTSWEST OF F.P. & L. EASEMENTZONED AND ACTUAL BUILDING HEIGHTSZONED HEIGHTACTUAL HEIGHTPLATTED LOTS ADJACENT TOGOLDEN GATE CANAL36-FEET43-FEETALL OTHER PLATTED LOTS60-FEET67-FEETEAST OF F.P. & L. EASEMENTPLATTED LOTS ADJACENT TOGOLDEN GATE CANAL36-FEET43-FEETALL OTHER PLATTED LOTS60-FEET67-FEETEAST OF F.P. & L. EASEMENT (SPORTS COMPLEX)SPORTS COMPLEX LOT75-FEET85-FEETREVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 11/13/2017EXHIBIT A-12 of 5MASTER DEVELOPMENT PLAN 12/15/20172223223 5141321214365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 CITY GATE DEVELOPMENT LLC, GG II, LLC & 850 NWN, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225 CITY GATE COMMERCE PARK MPUD DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: J.A.W. J.A.W. J.M.F.SHEET NO:SHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT:18821920676677762019671920679121415161751413122424232118211823232323232323232323232323211920672111 LAND USE TABLEWEST OF THE FPL EASEMENTRIGHT-OF-WAYLOTSTOTAL WEST36.45 AC7.18 AC29.27 ACEAST OF THE FPL EASEMENT [1]RIGHT-OF-WAYLOTS [2]LAKE AND RECREATIONAL TRACT15.98 AC164.28 AC13.84 ACTOTAL EAST255.10 AC[1] TOTAL REQUIRED NATIVE VEGETATION TO BERETAINED WITHIN LOTS = 30.57 ACRES[2] INCLUDES ±10.00 ACRES OF FPL EASEMENTTOTAL CITY GATE COMMERCE PARK PUD291.55 ACSPORTS COMPLEX61.00 AC(±2.50 AC)(±2.50 AC) EXHIBIT A-13 of 54365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 CITY GATE DEVELOPMENT LLC, GG II, LLC & 850 NWN, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225 CITY GATE COMMERCE PARK MPUD DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: J.A.W. J.A.W. J.M.F.SHEET NO:SHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT:LIST OF DEVIATIONS1ST SUBMITTAL08/18/2017 REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 09/21/201709/27/2017 TEMPORARY EVENTS - SPORTS COMPLEX PROJECTDEVIATION #1 SEEKS RELIEF FROM LDC SECTION 5.04.05 F.1 “TEMPORARY EVENT TIME LIMITS” WHICH DEFINES MAXIMUM NUMBER OF EVENT DAYS ALLOWED FOR EACH TEMPORARY USE PERMIT AND THE MAXIMUM EVENT DAYS ALLOWED PER CALENDAR YEAR,TO INSTEADa)REMOVE THE LIMITATION FOR THE MAXIMUM NUMBER OF DAYS ALLOWED FOR EACH TEMPORARY USE PERMIT; ANDb)REMOVE THE LIMITATION FOR THE MAXIMUM NUMBER OF EVENTS PER CALENDAR YEAR.THE REMOVAL OF THESE LIMITATIONS SHALL ONLY APPLY TO THE SPORTS COMPLEX TEMPORARY USES AND EVENTS.DEVIATION #2 SEEKS RELIEF FROM LDC SECTION 5.04.06 A.3.a “TEMPORARY SIGNS,” WHICH PROHIBITS TEMPORARY SIGNS AND BANNERS WITHIN ANY PUBLIC RIGHT-OF-WAY, TO INSTEAD ALLOW TEMPORARY SIGNS FOR THE SPORTS COMPLEX PROJECT AND ITS EVENTS, WITHIN THECOLLIER BOULEVARD (C.R. 951) RIGHT-OF-WAY AND CITY GATE BOULEVARD NORTH RIGHT-OF-WAY. THIS DEVIATION, WITH BOARD APPROVAL, SHALL PERMIT A MAXIMUM OF TWO (2) TEMPORARY SIGNS AT ANY TIME ON COLLIER BOULEVARD (C.R. 951) RIGHT-OF-WAY ANDMULTIPLE SIGNS ON CITY GATE BOULEVARD NORTH RIGHT-OF-WAY, WITH NO SIZE LIMITATION AND NO REQUIREMENT FOR A TEMPORARY USE PERMIT.DIRECTORY SIGN - MPUD - PLATTED LOT 7, PHASE ONEDEVIATION #3 SEEKS RELIEF FROM LDC SECTION 5.06.04 F.1 “ON-PREMISE SIGNS," WHICH REQUIRES FOR SINGLE-OCCUPANCY OR MULTIPLE-OCCUPANCY LOTS, HAVING FRONTAGE OF 150-FEET OR MORE ON A PUBLIC STREET, OR COMBINED PUBLIC STREET FRONTAGE OF 220 LINEARFEET OR MORE FOR CORNER LOTS, TO HAVE ONE POLE OR GROUND SIGN; AND REQUIRES A MINIMUM SEPARATION OF 1,000-FEET AS MEASURED ALONG THE STREET FRONTAGE, AND ALL SETBACK REQUIREMENTS ARE MET,TO INSTEAD ALLOWa)ONE ADDITIONAL DIRECTORY SIGN FOR THE CITY GATE COMMERCE PARK MPUD ON LOT 7, LOCATED WITHIN CITY GATE COMMERCE PARK PHASE ONE PLAT, AS RECORDED IN PLAT BOOK 41, PAGES 6-7, OF THE PUBLIC RECORDS OF COLLIER COUNTY; ANDb)A MINIMUM SEPARATION 100-FEET FROM ANY ON-SITE MONUMENT SIGNS.FLAGS AND FLAGPOLES - SPORTS COMPLEX PROJECTDEVIATION #4 SEEKS RELIEF FROM LDC SECTION 5.06.04 F.8.a “FLAGS AND FLAG POLES,” WHICH REQUIRES THAT A FLAGPOLE SHALL NOT EXCEED 50 FEET IN HEIGHT FROM THE FINISHED GRADE, NOR EXTEND MORE THAN 20 FEET FROM ANY BUILDING TO WHICH IT IS ATTACHED,TO INSTEAD ALLOW, WITHIN THE SPORTS COMPLEX PROJECT,a)A MAXIMUM HEIGHT OF 100-FEET FROM FINISHED GRADE;b)EXTENSION UP TO 40-FEET FROM ANY BUILDING TO WHICH IT IS ATTACHED; ANDc)UNLIMITED FLAG POLES SEPARATED BY A MINIMUM OF 100-FEET WITHIN THE SPORTS COMPLEX PROJECT, EXCEPT FLAG POLES ATTACHED TO THE STADIUM STRUCTURE ARE NOT SUBJECT TO THE 100 FOOT MINIMUM SEPARATION.DEVIATION #5 SEEKS RELIEF FROM LDC SECTION 5.06.04 F.8.b “FLAGS AND FLAG POLES,” WHICH PERMITS NON-RESIDENTIAL DEVELOPMENTS AT LEAST 10 ACRES IN SIZE HAVING MULTIPLE ENTRANCES, MAY HAVE UP TO 3 FLAGPOLES AT EACH ENTRANCE THAT PROVIDESINGRESS/EGRESS OFF AN ARTERIAL OR COLLECTOR ROAD, PROVIDED THAT THERE IS A MINIMUM 300-FOOT SEPARATION BETWEEN ENTRANCES, TO INSTEAD ALLOW SIX (6) FLAGPOLES AT EACH ENTRANCE WITHIN THE SPORTS COMPLEX PROJECT. THE THREE FLAGPOLES THAT ARECLUSTERED ARE NOT SUBJECT TO THE 100 FOOT MINIMUM SPEARATION IN DEVIATION #4.DIRECTIONAL SIGNS - MPUD/SPORTS COMPLEX PROJECT (WITHIN MPUD)DEVIATION #6 SEEKS RELIEF FROM LDC SECTION 5.06.04 F.9 “ON-PREMISE DIRECTIONAL SIGNS,” WHICH REQUIRES THAT DIRECTIONAL SIGNS SHALL NOT EXCEED 6 SQUARE FEET IN AREA, 4 FEET IN HEIGHT, BE LIMITED TO TWO (2) AT EACH VEHICLE ACCESS POINT AND A MAXIMUM OF 4INTERNAL TO THE MPUD AND LDC SECTION 5.06.04 G.2.e "OFF-PREMISE DIRECTIONAL SIGNS" WHICH REQUIRES THAT DIRECTIONAL SIGNS BE LIMITED TO WITHIN 1,000 FEET FROM THE BUILDING, STRUCTURE, OR USE FOR WHICH THE SIGN IS DISPLAYEDTO INSTEAD ALLOW COMBINED OFF-PREMISES AND ON-PREMISES DIRECTIONAL SIGNS, FOR THE MPUD, AND THE SPORTS COMPLEX PROJECT, WITHIN THE MPUD'S INTERNAL PUBLIC OR PRIVATE RIGHT-OF-WAY, OR ABUTTING THERETO (BUT MORE THAN 200 FEET FROM COLLIERBOULEVARD), AS FOLLOWS,a)PROVIDE NO MORE THAN 12-SQUARE FEET IN AREA PER SIGN;b)DIRECTIONAL SIGNS SHALL NOT EXCEED 8-FEET IN HEIGHT;c)UP TO SEVEN (7) DIRECTIONAL SIGNS, WHICH MUST BE SEPARATED BY A MINIMUM DISTANCE OF 250-FEET; ANDd)DIRECTIONAL SIGNS MAY BE MORE THAN 1,000 FEET FROM A BUILDING, STRUCTURE, OR USE (INCLUDING THE SPORTS COMPLEX PROJECT) FOR WHICH THE SIGN IS DISPLAYED.DEVIATION #7 SEEKS RELIEF FROM LDC SECTION 5.06.04 F.9.a “ON-PREMISE DIRECTIONAL SIGNS,” WHICH LIMITS ON-PREMISE DIRECTIONAL SIGNS INTERNAL TO A SUBDIVISION OR DEVELOPMENT TO MAINTAIN A MINIMUM SETBACK OF 10-FEET FROM PROPERTY LINES, TO INSTEADALLOW A MINIMUM SETBACK OF 0-FEET. THIS DEVIATION SHALL APPLY TO ON-PREMISE DIRECTIONAL SIGNS ALONG PUBLIC OR PRIVATE RIGHT-OF-WAY, THROUGHOUT THE CITY GATE COMMERCE PARK MPUD. THIS DEVIATION DOES NOT APPLY TO DIRECTIONAL SIGNAGE ON THESPORTS COMPLEX PROJECT. SEE DEVIATION #12.123456REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 11/13/2017 MASTER DEVELOPMENT PLAN 12/15/20177 EXHIBIT A-14 of 54365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 CITY GATE DEVELOPMENT LLC, GG II, LLC & 850 NWN, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225 CITY GATE COMMERCE PARK MPUD DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: J.A.W. J.A.W. J.M.F.SHEET NO:SHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT:LIST OF DEVIATIONS (CONT.)1ST SUBMITTAL08/18/2017 REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 09/21/201709/27/2017 POLE MOUNTED SIGN WITH DISPLAY - SPORTS COMPLEX PROJECTDEVIATION #8 SEEKS RELIEF FROM LDC SECTION 5.06.04 G.1 “ON-PREMISE DIRECTIONAL SIGNS,” WHICH PERMITS OFF-SITE DIRECTIONAL SIGNS ONLY IN NONRESIDENTIAL ZONING DISTRICTS, AGRICULTURAL DISTRICTS AND DESIGNATED NONRESIDENTIAL COMPONENTS OF PUDS, TOINSTEAD PERMIT ONE (1) OFF-SITE IDENTIFICATION, PROMOTIONAL, AND SPONSORSHIP SIGN, FOR THE SPORTS COMPLEX PROJECT, WITHIN THE COLLIER BOULEVARD (C.R. 951) RIGHT-OF-WAY WITH BOARD APPROVAL OR OFF-SITE ALONG LANDS OUTSIDE OF THE PUD. PLEASE REFER TOTHE MASTER DEVELOPMENT PLAN EXHIBIT A-1, PAGE 2 OF 5 AND THE SIGN DEVIATION EXHIBIT A-5.DEVIATION #9 SEEKS RELIEF FROM LDC SECTION 5.06.04 G.2 “OFF-PREMISES DIRECTIONAL SIGNS,” WHICH ALLOWS NO MORE THAN 2 ONE-SIDED OR 1 DOUBLE-SIDED OFF-PREMISE DIRECTIONAL SIGNS BE PERMITTED FOR A BUILDING, STRUCTURE, OR USE WHICH IS NOT VISIBLE FROMTHE ROADWAY SERVING SUCH BUILDING, STRUCTURE, OR USE, PROVIDED THAT EACH SIGN SHALL NOT BE MORE THAN 12 SQUARE FEET IN AREA, THE SIGN SHALL NOT BE MORE THAN 8 FEET IN HEIGHT ABOVE THE LOWEST CENTER GRADE OF THE ROADWAY ADJACENT TO THE SIGNLOCATION, THE SIGN SHALL NOT BE LOCATED CLOSER THAN 10 FEET TO ANY PROPERTY LINE, THE APPLICANT SHALL SUBMIT WITH THE PERMIT APPLICATION AND THE SIGN SHALL BE LOCATED NO MORE THAN 1,000 FEET FROM THE BUILDING, STRUCTURE , OR USE FOR WHICH THE SIGN ISDISPLAYED, TO INSTEAD PERMIT A SIGN FOR THE SPORTS COMPLEX PROJECT THAT:a)SHALL NOT EXCEED 350-SQUARE FEET IN AREA;b)SHALL NOT EXCEED 25-FEET IN HEIGHT ABOVE THE LOWEST CENTER GRADE OF THE ROADWAY ADJACENT TO THE SIGN LOCATION;c)SHALL NOT BE LOCATED CLOSER THAT 0.5-FEET FROM ANY PROPERTY LINE; ANDd)SHALL NOT BE LOCATED MORE THAN 4,500 FEET FROM SPORTS COMPLEX PROJECT.INTENTIONALLY OMITTED.MONUMENT SIGN - MPUD/SPORTS COMPLEX PROJECTDEVIATION #11 SEEKS RELIEF FROM LDC SECTION 5.06.04.G “OFF-PREMISES DIRECTIONAL SIGNS,” WHICH PERMITS A SIGN NO MORE THAN 12-SQUARE FOOT SIGN IN AREA, TO INSTEAD ALLOW FOR A COMBINED GROUND/MONUMENT SIGN FOR THE SPORTS COMPLEX PROJECT AND THECITY GATE COMMERCE PARK MPUD AS FOLLOWS:a)64-SQUARE FEET IN AREA;b)LOCATION IN THE ROAD RIGHT-OF-WAY, LABELED CITY GATE BOULEVARD NORTH ON EXHIBIT A-5, WITHIN THE TRAFFIC SEPARATOR; ANDc)MORE THAN 1,000 FEET OFF-SITE FROM THE SPORTS COMPLEX PROJECT.ONCE CITY GATE BOULEVARD NORTH IS ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS AS A PUBLIC ROAD, ANY STRUCTURAL CHANGES TO THE DIRECTIONAL SIGN SHALL REQUIRE A RIGHT-OF-WAY PERMIT. THE SIGNAGE SHALL BE PERPETUALLY MAINTAINED BY THE CITY GATECOMMERCE PARK MASTER PROPERTY OWNER'S ASSOCIATIONS, INC. OR ITS SUCCESSORS. COLLIER COUNTY RESERVES THE RIGHT TO REMOVE THE SIGN TO ACCOMMODATE ROAD EXPANSION OF CITY GATE BOULEVARD NORTH.SIGNS - SPORTS COMPLEX PROJECT ONLY = ON PREMISESDEVIATION #12 SEEKS RELIEF FROM LDC SECTION 5.06.05 A.3 "SIGN EXEMPTIONS," WHICH PERMITS SIGNS TO BE LOCATED ON FENCES OR WALLS SURROUNDING ATHLETIC FIELDS, OR WITHIN SPORTS ARENAS, STADIUMS AND THE LIKE, NOT TO EXCEED 32 SQUARE FEET IN SIZE, PER SIDE,PER SIGN AND THAT SIGNS ALSO BE ORIENTED ALONG THE FENCE OR WALL TO FACE THE FIELD(S) OR PLAYING AREA, AND AWAY FROM ANY ADJACENT PUBLIC OR PRIVATE ROADS, TO INSTEAD ALLOW DIRECTIONAL, ADVERTISEMENT, PROMOTIONAL, DISPLAY, AND SPONSORSHIPSIGNAGE, WITHOUT LIMITATIONS FOR TYPE OF, LOCATION, SIZE, OR NUMBER, WITHIN THE SPORTS COMPLEX PROJECT.PARKING - SPORT COMPLEX PROJECT ONLYDEVIATION #13 SEEKS RELIEF FROM LDC SECTION 4.05.02 B.1 “PARKING LOTS AND SPACES - SURFACING STANDARDS,” WHICH REQUIRES THAT PARKING LOTS, DRIVEWAYS, AND ACCESS AISLES, TO BE PAVED . . . , TO INSTEAD ALLOW FOR GRASSED DRIVEWAYS AND ACCESS AISLES, INGRASSED PARKING AREAS, FOR THE SPORTS COMPLEX PROJECT.DEVIATION #14 SEEKS RELIEF FROM LDC SECTION 4.05.04 G TABLE 17 "PARKING SPACE REQUIREMENTS," WHICH PERMIT GRASSED PARKING FOR NOT MORE THAN 50 PERCENT OF THE PROVIDED PARKING FOR THE FACILITIES PLANNED FOR THE SPORTS COMPLEX, TO INSTEAD ALLOW FORTHE SPORTS COMPLEX PROJECT UP TO 75 PERCENT OF THE PROVIDED PARKING SPACES TO BE GRASSED PARKING.8910REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 11/13/2017 MASTER DEVELOPMENT PLAN 11121312/15/201714 EXHIBIT A-15 of 54365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 CITY GATE DEVELOPMENT LLC, GG II, LLC & 850 NWN, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225 CITY GATE COMMERCE PARK MPUD DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: J.A.W. J.A.W. J.M.F.SHEET NO:SHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT:LIST OF DEVIATIONS (CONT.)1ST SUBMITTAL08/18/2017 REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 09/21/201709/27/2017 PARKING - SPORTS COMPLEX PROJECT ONLY (CONT.)DEVIATION #15 SEEKS RELIEF FROM LDC SECTION 4.06.03 B.1 "LANDSCAPING IN VEHICULAR USE AREAS," WHICH REQUIRES AT LEAST TEN PERCENT OF THE AMOUNT OF VEHICULAR USE AREA ON-SITE SHALL BE DEVOTED TO INTERIOR LANDSCAPING AREAS, TO INSTEAD ALLOW NOLANDSCAPING REQUIREMENTS IN GRASSED VEHICULAR USE AREAS WITHIN THE SPORTS COMPLEX PROJECT. THIS DEVIATION SHALL ONLY APPLY TO GRASSED PARKING AREAS.DEVIATION #16 SEEKS RELIEF FROM LDC SECTION 4.06.03 B.3 “LANDSCAPING AND VEHICULAR USE AREAS,” WHICH REQUIRES ALL ROWS OF PARKING SPACES SHALL BE BORDERED ON EACH END BY CURBED LANDSCAPE ISLANDS, TO INSTEAD REMOVE THE REQUIREMENT FOR LANDSCAPEISLANDS, WHEN LOCATED WITHIN GRASSED PARKING AREAS WITHIN THE SPORTS COMPLEX PROJECT. THIS DEVIATION SHALL ONLY APPLY TO GRASSED PARKING AREAS.DEVIATION #17 SEEKS RELIEF FROM LDC SECTION 4.06.03 B.4 “LANDSCAPING AND VEHICULAR USE AREAS,” WHICH REQUIRES INTERIOR LANDSCAPING AREAS SHALL REQUIRE PROTECTION FROM VEHICULAR ENCROACHMENT THROUGH APPROPRIATE WHEEL STOPS OR CURBS OR OTHERSTRUCTURES, TO INSTEAD ALLOW FOR NO WHEEL STOPS, CURBS OR OTHER STRUCTURES WITHIN THE SPORTS COMPLEX PROJECT. THIS DEVIATION SHALL ONLY APPLY TO GRASSED PARKING AREAS.LANDSCAPE BUFFERS - SPORTS COMPLEX LOT - EAST BOUNDARYDEVIATION #18 SEEKS RELIEF FROM LDC SECTION 4.06.02 A “BUFFER REQUIREMENTS,” WHICH REQUIRES THAT DEVELOPMENTS SHALL BE BUFFERED FOR THE PROTECTION OF PROPERTY OWNERS FROM LAND USES, TO INSTEAD ELIMINATE THE LANDSCAPE BUFFER REQUIREMENT ALONGTHE EASTERN PROPERTY BOUNDARY OF THE SPORTS COMPLEX LOT, PROVIDED THERE IS UNIFIED OWNERSHIP OF THE SPORTS COMPLEX LOT AND THE ABUTTING PROPERTY TO THE EAST, WHERE THE DEVELOPMENT IS JOINTLY PLANNED.LANDSCAPE BUFFERS - MPUDDEVIATION #19 SEEKS RELIEF FROM LDC SECTION 4.06.02 A “BUFFER REQUIREMENTS,” WHICH REQUIRES A SEPARATE BUFFER TRACT OR EASEMENT ON THE FINAL SUBDIVISION PLAT, TO INSTEAD REMOVE THIS REQUIREMENT FROM PUBLIC OR PRIVATE RIGHTS-OF-WAY, WITHIN ANYEXISTING OR SUBSEQUENT SUBDIVISION PLAT (PPL), WITHIN THE CITY GATE COMMERCE PARK MPUD, EAST OF THE F. P. & L. EASEMENT.DEVIATION #20 SEEKS RELIEF FROM LDC SECTION 6.06.01 O.5 “LANDSCAPE BUFFERS,” WHICH REQUIRES A SEPARATE BUFFER TRACT OR EASEMENT ON THE FINAL SUBDIVISION PLAT, TO INSTEAD REMOVE THIS REQUIREMENT FROM PUBLIC OR PRIVATE RIGHT-OF-WAY, WITHIN ANYEXISTING OR SUBSEQUENT SUBDIVISION PLAT (PPL), WITHIN THE CITY GATE COMMERCE PARK MPUD, EAST OF THE F. P. & L. EASEMENT.RETAINED NATIVE VEGETATION - SPORTS COMPLEX PROJECT ONLYDEVIATION #21 SEEKS RELIEF, FOR THE SPORTS COMPLEX PROJECT ONLY, FROM THE PUD'S REQUIRED YARD PLAN, WHICH REQUIRES NATIVE VEGETATION RETENTION TO BE ON-SITE, AND LDC SECTION 3.05.07 H.1.F “OFF-SITE VEGETATION RETENTION,” TO ALLOW AT A MINIMUM 50%OF THE REQUIRED YARD PLAN TO BE COMPLETED ON-SITE (MPUD) AND AT A MAXIMUM 50% TO BE COMPLETED OFF-SITE (CURRENTLY OUTSIDE OF THE MPUD BOUNDARY). TO ACCOMPLISH SUCH, A MINIMUM 50% OF THE REQUIRED YARD PLAN (FOR THE SPORTS COMPLEX PROJECT),SHALL BE SHOWN ON THE FIRST SITE DEVELOPMENT PLAN AND CONCURRENTLY A UNIFIED SITE CONCEPT PLAN SHALL DESIGNATE THE ADDITIONAL REQUIRED OFF-SITE YARD ON THE ADJACENT PARCEL, WHICH SHALL BE UNDER UNIFIED CONTROL. THIS SHALL SATISFY THE REQUIREDYARD PLAN ASSOCIATED WITH THE SPORTS COMPLEX PROJECT.CARETAKER RESIDENCES - MPUD INCLUDING SPORTS COMPLEX PROJECTDEVIATION #22 SEEKS RELIEF FROM LDC SECTION 5.03.05 A “CARETAKER RESIDENCES,” WHICH REQUIRES THAT THE RESIDENCE SHALL BE CONSTRUCTED AS AN INTEGRAL PART OF THE PRINCIPAL STRUCTURE AND SHALL BE ENTERED FROM WITHIN THE PRINCIPAL STRUCTURE, TO INSTEADALLOW FOR A MAXIMUM OF SIX (6) ATTACHED OR DETACHED CARETAKER'S RESIDENCE(S), LIMITED TO LOCATIONS EAST OF THE F. P. & L. EASEMENT.WATER MANAGEMENT - MPUD INCLUDING SPORTS COMPLEX PROJECTDEVIATION #23 SEEKS RELIEF FROM LDC SECTION 6.05.01 “WATER MANAGEMENT REQUIREMENTS,” WHICH REQUIRES A COMPLETE STORMWATER MANAGEMENT SYSTEM SHALL BE PROVIDED FOR ALL AREAS WITHIN THE SUBDIVISION OR DEVELOPMENT, INCLUDING LOTS, STREETS,AND ALLEYS, TO INSTEAD PERMIT STORMWATER MANAGEMENT DETENTION AND OR RETENTION AREAS, FOR THE CITY GATE COMMERCE PARK, TO BE LOCATED OUTSIDE OF THE MPUD BOUNDARY PER REVIEW AND ACCEPTANCE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT.ARCHITECTURAL REVIEW STANDARDS - SPORTS COMPLEX PROJECT ONLYDEVIATION #24 SEEKS RELIEF FROM LDC SECTION 5.05.08 "ARCHITECTURAL AND SITE DESIGN STANDARDS," WHICH PROVIDE ARCHITECTURAL GUIDELINES, TO INSTEAD ALLOW FOR THE DEVIATION PROCESS IN SECTION 5.05.08.G OF THE LDC FOR BUILDINGS LOCATED WITHIN THE SPORTSCOMPLEX PROJECT.REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 11/13/2017 MASTER DEVELOPMENT PLAN 1617192012/15/20171821222324 15 EXISTING MASTER PLAN SURVEY 27263435343526253536850 NWN, LLWPARCEL NO. 00298440304O.R.B. 4417, PG 1567CG II, LLCPARCEL NO. 00298160008O.R.B. 3336, PG 2524850 NWN, LLCPARCEL NO. 26095000468850 NWN, LLCPARCEL NO. 26095000468N00°29'28"W 2692.38(M)N00°29'22"W 2692.33'(C)850 NWN, LLCPARCEL NO. 26095000484850 NWN, LLCPARCEL NO. 26095000484850 NWN, LLCPARCEL NO. 26095000484CITY GATE COMMERCECENTER, PHASE ONE(PB 41, PG 7)CITY GATE COMMERCE CENTER,PHASE ONE(PB 41, PG 7)CITY GATE COMMERCECENTER, PHASE TWO(PB 49, PG 98)CITY GATE COMMERCECENTER, PHASE TWO(PB 49, PG 98)CITY GATE COMMERCECENTER, PHASE TWO(PB 49, PG 98)N00°26'24"W 100.05'(M)N00°29'15"W 100.00'(D)S00°31'11"E2671.91'(C)N04°21'08"W296.92'(D)N04°21'08"W294.22'(C)N04°25'41"W294.30'(M)P.O.B. OF I-75 LIMITEDACCESS R/W PARCELS89°00'01"W206.27'(D)S00°28'30"E 163.01'S29°30'45"E 52.47'N00°47'14"E332.74'(D)S58°28'05"E 164.62'(M)S58°30'03"E 164.63'(D)CITY GATE COMMERCE CENTER PHASE TWOTRACT "R"EXCEPTION:I-75 LIMITED ACCESS R/WEXCEPTION(NOT PART OF THIS SURVEY)COLLIER COUNTYWATER TREATMENT PLANTPARCEL NO. 00298280001(O.R. 1022, PG. 1257)S31°30'04"W 70.05'(M)N31°30'28"E 70.02'(D)S00°50'16"W 124.68'(M)N00°47'14"E 124.70'(D)PARCEL "A"CITY GATE(ORB 3965, 2872)N89°00'01"E 100.00'(D)N89°13'01"E 5182.48'(M)N89°13'02"E 5182.54'(C)S00°30'14"E 2669.36'(C&M)S86°27'31"W 66.98'(C)S86°26'34"W 66.87'(M)S89°00'01"W 4910.20'(C)S89°00'01"W 4910.03'(M)N43°47'54"W 94.86'(D)N43°48'30"W 94.83'(M)R=336.00'Δ=41°01'26"CB(D)=N23°14'57"WCB(M)=N23°15'04"WC(D)=235.47'C(M)=235.75'L=240.58'N02°46'25"W 750.60'(D)N02°47'01"W 750.29'(M)N89°31'01"E 454.28'(D)N89°31'01"E 454.07'(C)N89°30'13"E 454.36'(M)S00°47'14"W 653.80'(D)S00°47'18"W 653.83'(M)N89°04'40"E 690.82'(D)N89°05'04"E 690.79'(M)N00°47'14"E 1066.70'(D)N58°30'03"W 596.93'(D)N58°31'52"W 596.94'(M)S61°10'06"W 203.97'(D)S61°11'32"W 203.99'(M)S00°47'14"W 870.28'(D)S00°47'57"W 870.94'(M)S89°31'01"W 456.51'(D)S89°36'03"W 456.24'(M)N00°29'22"W 1260.46'(C)N00°29'28"W 1260.39'(M)352361 SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EASTCOLLIER COUNTY, FLORIDABOUNDARY SURVEYCITY GATE COMMERCE CENTERA PARCEL OF LAND LYING IN1/23/2018Barry E. SyrenDigitally signed by Barry E. Syren DN: cn=Barry E. Syren, o=Johnson Engineering, Inc., ou=PSM 5365, email=bes@johnsoneng.com, c=US Date: 2018.01.23 12:14:45 -05'00' TRAFFIC IMPACT STATEMENT Trip Generation Analysis City Gate Sports Complex – Planned Unit Development Amendment (PUDA) Collier County, FL 1/05/2018 Prepared for: Prepared by: Davidson Engineering 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz ENVIRONMENTAL DATA CITY GATE COMMERCE PARK Environmental Data for PUDA Section 35 / Township 49 S / Range 26 E Prepared For: COLLIER COUNTY GROWTH MANAGEMENT DIVISION 2800 North Horseshoe Drive Naples, FL 34104 Prepared By: August 1, 2017 Updated: August 21, 2017 Updated: October 10, 2017 Updated: November 16, 2017 Updated: January 31, 2018 Earth Tech Environmental, LLC 1455 Rail Head Boulevard, Suite 8 Naples, FL 34110 239.304.0030 www.eteflorida.com Ea r t h Tech Environmental, LLC CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com APPENDICES APPENDIX A: Native Vegetation Exhibits APPENDIX B: Staff Qualifications APPENDIX C: Protected Species Survey INTRODUCTION The purpose of this document is to satisfy the Environmental Data requirements (LDC Section 3.08.00) for a PUDR of the City Gate Commerce Park property. This information is in response to the circled items in the PUDR Pre- Application Notes as provided by Davidson Engineering. PROPERTY LOCATION The City Gate property is located in the northeastern quadrant of the intersection of Interstate 75 and Collier Boulevard (951), in Section 35, Township 49 South, Range 26 East, in Collier County, Florida (Figures 1 & 2). The PUD is approximately 291.55 acres. Figure 1. Location Map CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com Figure #2. 2017 Aerial with City Gate Boundary PROJECT HISTORY City Gate has a long history, dating back to 1987. It has acquired all of its environmental permits, including: An Environmental Resource Permit (ERP) from the South Florida Water Management District (SFWMD), A determination of no wetlands (SWANCC) from the Army Corps of Engineers (ACOE), A biological opinion (BO) and incidental take permit (ITP) from the U.S. Fish & Wildlife Service. Copies of these documents are being provided as separate PDF’s for review. They are titled: 1a-SFWMD ERP Permit.pdf 1b-SFWMD ERP Permit Exhibits.pdf 2-ACOE 5-19-05 SWANCC Determination.pdf 3-City Gate USFWS Biological Opinion.pdf 4-USFWS Incidental Take Permit-TE145823-0.pdf Additionally, City Gate has completed all mitigation monitoring requirements for the USFWS & SFWMD. Copies of the 5 annual monitoring reports for the USFWS are being provided as separate PDF’s for review. They are titled: 5-First Annual Wetland Monitoring Report-USFWS.pdf 6-Second Annual Wetland Monitoring Report-USFWS.pdf 7-Third Annual Wetland Monitoring Report-USFWS.pdf 8-Fourth Annual Wetland Monitoring Report-USFWS.pdf CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com 9-Fifth Annual Wetland Monitoring Report-USFWS.pdf City Gate’s history with Collier County regarding the PUD, native vegetation requirements, and vesting is as follows: 1987 April Application for Development Approval (the “ADA”). 1988 December Board of County Commissioners of Collier County adopts Development of Regional Impact Development Order 88-2 (the “DRI DO”) and City Gate Commerce Park PUD Ordinance 88-93, (“CITY GATE PUD” or “PUD”). [The PUD document provides that the PUD Master Plan is the DRI Master Plan – Map (H) from the ADA”]. 1989 January Collier County adopts Comprehensive Growth Management Plan (“Comp. Plan”). 1990 August Development Order Amendment 90-4 [Settlement of DOAH Case, Red Cockaded Woodpeckers Mitigation & Management Plan]. 1991 Collier County adopts Land Development Code (“LDC”). 1995 February Development Order Amendment 95-2 2000 May Development Order Amendment 2000-02 2000 July 28 BCC and City Gate (Predecessor-in-title) enter into PROPERTY EXCHANGE AND DESIGN / CONSTRUCTION AGREEMENT 2000 August BCC approves Resolution 2000-242. County to exchange then existing White Lake Blvd. ROW for 80’ ROW. 2003 May 15 Application for Preliminary Subdivision Plat: land west of FPL easement. 2003 July 9 Citygate Development, LLC and CG II, LLC acquire title to City Gate. 2003 October Meeting with Southwest Florida Regional Planning Council (SWFRPC) Dan Trescott [DRI Coordinator] and Jim Beever [FWS]. 2004 April 19 Meeting with County Environmental Staff William Lorenz [Director], Barbara Burgeson [Senior Environmental Specialist] and Kevin Dugan [Environmental Specialist]. 2004 June 18 City Gate presented outline draft of HCP to SWFRPC, Dan Trescott and Jim Beever. 2004 August City Gate presented outline draft HCP to County Environmental Staff William Lorenz, Barbara Burgeson and Mac Hatcher [Environmental Specialist]. 2004 August 30 City Gate meets with County Environmental Staff: William Lorenz, Barbara Burgeson, and Alexandra Sulecki [Conservation Collier]. 2004 December 27 County Environmental Staff -Laura Roys site visit – Phase One 2005 January 6 Meeting with County Environmental Staff: William Lorenz, Barbara Burgeson [Senior Environmental Specialist] and Laura Roys 2005 February 9 Meeting with County Environmental Staff: Barbara Burgeson, Laura Roys, Assistant County Attorney Patrick White & Reps of Utilities. “Staff tells City Gate to avoid current vegetation preserves requirements, get a Vested Rights Determination”. 2005 May 12 Notice that Citygate Development, LLC and CG II, LLC have applied to Collier County pursuant to Section 9.02 of Ordinance 04-41 for a determination that City Gate, as hereafter defined is vested to complete the development as authorized by the existing Development of Regional Impact Development Order 88-2, which incorporates Ordinance 88-93, the City Gate Commerce Park Planned Unit Development. 2005 June 7 County Attorney’s Office Completes Review of City Gate’s Application for Vested Rights 2005 July 12 County Attorney approves City Gate’s response: Any change in City Gate’s mitigation plan is inconsequential for the VRD. “Vesting means development rights obtained through a previously approved DRI DO are not lost by subsequent changes in the law.” “Development” is defined in Section 380.04 [and adopted into Chapter 163 by Section 163.3164(6)] as “any carrying out of building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.” Development involves an intensification of the use of land. Mitigation conditions or management plans for listed species included in a DO, are obviously not “development” provisions; they are the terms and conditions under which development may be carried out. CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com 2005 September 9-19 Collier Environmental Laura Roys reviews and approves “final modifications” to Required Yard Plan, Exhibit to Vested Rights Determination. 2005 November 18 County Manager and County Attorney execute Vested Rights Determination for City Gate Development of Regional Impact & PUD (“VRD”). The Required Yard Management Plan (“Required Yard Plan”) was an Exhibit to the VRD. 2005 November 15 BCC approves Settlement, which incorporates Vested Rights Determination (Recorded 1/13/2006 O.R. Book 3965, Page 2813). 2008 March 5 EAC unanimous approval of Phase Two Plat, which presentation included the Required Yard Plan and HCP. “The native vegetation requirements for this project were established through the original DRI process (DRI-DO 88-2). In November 2005, a required yard plan determining the amount and location of native preservation was established through the VRD.” 2009 July 1 Federal Fish and Wildlife Permit [Endangered Species - Incidental Take] issued to City Gate 2009 August 4 Heidi Ashton-Cicko in response to Chris D’Arco’s RLS opined: The Vested Rights Determination stated that the Development Order and the PUD were to be used to determine the required native vegetation rather than the LDC provisions adopted in 2003/2004. Section VII Item 5 of Ord. 89-93 provides: "Pine trees having a Diameter to Breast Height (DBH) of 8" [inches] or more, located outside the RCW preserve but within the required yard and buffer areas in the remainder of the site, will be conserved to provide additional RCW forage areas." (Similar language is in DO 90-4 but it refers to 8 ' (feet) which appears to be a typographical error.) Since landscape plans and, preserves are reviewed during the PPL process, staff must review the plans now rather than waiting until time of SDP, to ensure compliance with the native vegetation and landscape requirements. 2009 October 9 Susan Istenes – City Gate DCA requires a PUDA [Roads private] [Public Meetings etc.], Planning Council, City Gate must go through the required notice and public hearings or it will be “the end of the world as we know it.” 2009 October 12 SFWMD issues ERP Modification – Construction and Operation 131.61 acres and conceptual authorization for the remaining project area. 2009 October 22 Joe Schmitt – City Gate DCA requires a PUDA [Roads private], since you must change the PUD, there is required notice and public hearings. 2009 December 9 Developer Agreement – City Gate is approved by BCC. (O.R. Book 4517, Page 640). County acknowledges 2005 VRD, agrees that Developer Agreement does not diminish the VRD and reaffirms that City Gate is vested. 2010 January 13 Third Amendment to the Declaration of Covenants, Conditions, Page 524) which added The Required Yard Plan to the Declaration. [Third Amendment included a provision that if any requirement of the Required Yard Plan derived from the Red Cockaded Woodpecker Management Plan in the PUD and/or DRI Development Order is eliminated or modified by any future amendment to the PUD and/or DRI Development Order, then the corresponding requirement in the Required Yard Plan may be modified in conformance with such amendment]. 2010 November 9 Ordinance # 2010-42, amends Section VII, entitled Red Cockaded Woodpecker Plan, of the City Gate Commerce Park PUD Document in Ordinance NO 88-93, by deleting it entirely. 2010 November 9 Development Order Amendment 2010-01, Resolution 2010-223, amended Development Order 88-02, as amended, specifically the section entitled Vegetation and Wildlife Wetlands and provisions regarding Red Cockaded Woodpeckers. 2011 December 2 Fifth Amendment to Declaration of Covenants, Conditions, Restrictions and Easements for City Gate – Amended Required Yard Plan (Recorded OR Book 4751, Page 3112) in accordance with the 2010 DOA and PUDA. CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com 2015 June 23 First Amendment to Developer Agreement (Recorded OR Book 5168, Page 3989) County acknowledges 2005 VRD, agrees that Amendment to Developer Agreement does not diminish the VRD and reaffirms that City Gate is vested. A copy of the 2008 Collier County EAC staff report is being provided as a separate PDF for review. It is titled: 10-City Gate EAC Staff Report-2008.pdf ENVIRONMENTAL DATA CHECKLIST (Numbers match PUDZ-PUDA checklist) This information is in response to the circled items in the PUDR Pre-Application Notes as provided by Davidson Engineering. 1. ls the project in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08;4.08.00) Yes, see attached revised PUD document. The original City Gate PUD dates back to Ordinance 88-93. The following describes the uses that surround the City Gate PUD: NORTH: GOLDEN GATE ESTATES UNIT 28, which was platted in 1964. This Unit contains 53 acres of roads and 46 acres of canals (the Main Golden Gate Canal runs along Unit 28’s east and south borders). WEST: (BISECTING) FPL TRANSMISSION LINE (230 Kilovolt (kV) transmission line) is in a 170 foot wide easement running from north to south across City Gate. This FPL easement was granted in 1977 and almost the entire width of the easement was cleared. The easement encompasses over 12 acres of land. (OUPARCEL IN CITY GATE) SOUTH COLLIER COUNTY REGIONAL WATER TREATMENT PLANT (SCRWTP) sits on 26.6 acres of land immediately west of the FPL easement. The property was acquired by an eminent domain action in 1981. In 2001, Collier County began to expand the SCRWTP by 8 million gallons to 20 million gallons per day. That expansion project included the construction of 2 production wells on City Gate property near its northern border and a raw water transmission line that brings raw water from production wells further east to SCRWTP. SCRWTP has created more raw water wells in Section 25, about a half mile to a mile northeast of City Gate’s northeast property corner SOUTH: WHITE LAKE CORPORATE PARK is 144 acres, with a 44 acre lake that was originally a burrow pit for I-75. Eight acres have been designated commercial and 77 acres designated for industrial uses. Parker-Hannifin is located immediately south of City Gate with a 130,000 square foot building. I-75 with Exit 101 and the Alligator Alley Tollbooth EAST: 308 ACRES OF UNDEVELOPED PROPERTY owned by Collier County. This property is presently zoned agricultural; however, it is shown on the Future Land Use Map as industrial. CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com COLLIER LANDFILL sits on 320 acres in the east ½ of Section 36 east of City Gate. The land was purchased by the Collier Board of County Commissioners on August 30, 1974. The first solid waste was delivered to the Landfill in December, 1976. The Landfill is currently operated on behalf of the County by Waste Management of Southwest Florida, Inc. (WMI), who was awarded a contract in 1995. The Landfill now receives an average of 400 to 500 trucks per day. All of the landfill traffic enters and exits through City Gate from Collier Boulevard (CR 951). 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G. l. Application Contents #24). Native vegetation calculations and requirements were established in 1988 during the original DRI process and re-validated in 2004\2005 as part of a vested rights determination. (Figure 3) details FLUCCS mapping from 2004, as approved by the County at that time. (Figures 4 & 5) show FLUCCS mapping under current conditions. Figure 3. 2004/2005 FLUCCS Mapping CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com Figure 4. 2017 Aerial with FLUCCS Mapping Listed below are the FLUCCS communities identified on the site under current conditions. The following community descriptions correspond to the mappings on the FLUCCS map in (Figures 4 & 5). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. FLUCCS 141, Retail Sales and Services (Gas Station), 2.88 Acres This portion of the property includes a gas station and car wash in City Gate Phase 1. It includes the building, driveways, parking lots, and associated structures and facilities. FLUCCS 145, Tourist Services (Hotels), 8.61 Acres There are two hotels previously constructed in City Gate Phase 1. FLUCCS 149, Commercial Services Under Construction, 5.92 Acres A storage facility under construction exists in the southwest corner of City Gate Phase 1. FLUCCS 175, Governmental, 4.65 Acres There is a South Florida Water Management District building (Big Cypress Basin) along the north-central property line – City Gate Phase 2, lots 5 & 6. FLUCCS 321, Palmetto Prairies, 28.51 Acres CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com This community is found mostly in the northwest corner of City Gate Phase 2, just south of City Gate Boulevard North, and along the eastern property boundary. It is dominated by saw palmetto with scattered slash pine in the canopy. Other vegetation present includes pennyroyal, rusty lyonia, southern sumac, and grapevine. FLUCCS 3219, Disturbed Palmetto, 1.46 Acres This community is found in the northern region of the property. Mid-story is nearly absent, consisting of occasional saw palmetto. Dominant groundcover is dense grapevine and bracken fern. FLUCCS 411-E1/E2/E3, Pine Flatwoods (0-75% Exotics), 157.43 Acres This community makes up the majority of the property. It is dominated by slash pine with a common understory of saw palmetto. Other vegetation present includes buckthorn, beautyberry, grapevine, poison ivy, myrsine, and rusty lyonia. Densities of exotic vegetation, including melaleuca and ear leaf acacia, vary throughout. FLUCCS 411H-E1/E2/E3, Hydric Pine Flatwoods (0-75% Exotics), 10.28 Acres This community is found in the east-central portion of the property. Canopy is dominated by slash pine and melaleuca. Other vegetation includes buckthorn, cypress, swamp fern, wax myrtle, scattered grapevine and poison ivy. FLUCCS 422, Brazilian Pepper, 1.11 Acres This community is found in a small, isolated occurrence along the north-central property boundary. It is dominated by a dense Brazilian pepper canopy, with little to no understory vegetation. FLUCCS 424H-E4, Hydric Melaleuca (>75% Exotics), 8.69 Acres This community is dominated by melaleuca in the canopy. Slash pine and bald cypress are scattered throughout. Other vegetation present includes wiregrass, tisckseed, and swamp fern. FLUCCS 435, Dead Trees, 2.26 Acres This community is found in the southeast property corner. It is dominated by snags (dead trees) in areas burned by a wildfire. Other vegetation present includes Caesar weed, grapevine, poison ivy, and smilax. FLUCCS 624-E1/E2, Cypress – Pine – Cabbage Palm (0-50% Exotics), 2.01 Acres Canopy in this community is dominated by cypress, slash pine and cabbage palm in combinations in which no species achieves dominance. Other vegetation present includes melaleuca, ear leaf acacia, dahoon holly, swamp fern, Caesar weed, grapevine, saw grass, buckthorn, smilax, poison ivy and wax myrtle. FLUCCS 740, Disturbed Lands, 9.10 Acres Disturbed lands are those which have been changed primarily from human activities. On the site, these areas consist primarily of berms, trails and previously cleared areas. FLUCCS 742, Water Management Areas, 10.70 Acres These consist of water detention areas east of City Gate Boulevard South and at the western end of City Gate Boulevard North. These areas form the temporary water management facilities for City Gate Phase 2. FLUCCS 814, Roads and Highways, 20.40 Acres These include City Gate Drive, City Gate Boulevard North and South, and White Lake Boulevard. FLUCCS 817, Water Transmission Easement, 5.03 Acres This area forms the northern property line, adjacent to the Golden Gate Canal. It is a utility easement for water lines that run from the Resource Recovery Property (to the NE) back to the South County Regional Water Treatment Plant. CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com FLUCCS 832, Electrical Power Transmission Lines, 12.51 Acres This includes the area east of the Water Treatment Plant and consists of a Florida Power and Light (FPL) easement. The following table is summary of FLUCCS communities and corresponding acreages: FLUCCS CODE DESCRIPTION ACREAGE 141 Retail Sales and Services (Gas Station) 2.88 145 Tourist Services (Hotels) 8.61 149 Commercial and Services Under Construction 5.92 175 Governmental (SWFWMD) 4.65 321 Palmetto Prairies 28.51 3219 Disturbed Palmetto 1.46 411-E1 Pine Flatwoods (0-25% Exotic Coverage) 151.47 411-E2 Pine Flatwoods (26-50% Exotic Coverage) 1.9 411-E3 Pine Flatwoods (51-75% Exotic Coverage) 4.06 411H-E1 Hydric Pine Flatwoods (0-25% Exotic Coverage) 1.14 411H-E2 Hydric Pine Flatwoods (26-50% Exotic Coverage) 3.92 411H-E3 Hydric Pine Flatwoods (51-75% Exotic Coverage) 5.22 422 Brazilian Pepper 1.11 424H-E4 Hydric Melaleuca (>75% Exotic Coverage) 8.69 435 Dead Trees (Wildfire Area) 2.26 624-E1 Pine-Cypress-Cabbage Palm (0-25% Exotic Coverage) 0.69 624-E2 Pine-Cypress-Cabbage Palm (26-50% Exotic Coverage) 1.32 740 Disturbed Lands 9.10 742 Water Management Areas 10.7 814 Roads and Highways 20.4 817 Water Transmission Easement 5.03 832 Electrical Power Transmission Lines (FPL Easement) 12.51 Site Total: 291.55 CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com Figure 5. 2017 FLUCCS Mapping 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 1.05.07.H.1) Preserve Label- P546 Native vegetation requirements for the City Gate project were established through the original DRI process in 1988 (DRI-DO 88-2). These requirements were further clarified and quantified through the Vested Rights Determination completed on November 18th, 2005. During the course of the Vested Rights Determination process, City Gate worked closely with Collier County environmental staff to develop a “Required Yard Plan” that is meant to govern the amount and location of native vegetation preservation on the City Gate property. One finding of fact in the Vested Rights Determination was that the City Gate Commerce Park Development Order, as amended, was deemed consistent with the Growth Management Plan. More specifically, the Required Yard Plan as approved allows the proposed preserve areas on the property to not be in compliance with the GMP. As state in the PUD, the provisions for native vegetation retention requirements for this project are set forth in the Required Yard Plan, an exhibit to the Vested Rights Determination (PUD Supplement B); which is an exhibit to the Settlement Agreement and Release (PUD Supplement C), dated January 13, 2006, recorded in OR Book 3965, Page 2,813 et seq. Public Records, Collier County Florida. 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on-site or mitigated off-site. Exclude vegetation located CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D; 3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation - P547 See discussion above in #3. Based on the Collier County approved 2004\2005 FLUCCS mapping for the PUD, the native vegetation requirement for each phase of City Gate is: Phase 1: 0.83 acres Phase 2: 5.15 acres Phase 3: 24.59 acres See Appendix A, Native Vegetation Exhibits for a phase\acreage breakdowns and calculations. A copy of the 2004\2005 FLUCCS mapping is also included. It details the portions of the property that were not classified as native vegetation in the approved Environmental Impact Statement (EIS). 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) Preserve Selection-P550 See discussion above in #3. 7. Principle structures shall be located a minimum of 25’ from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within l0' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross-sections for each preserve boundary identifying all site alterations within 25’. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback See discussion above in #3. 8. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off- site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required. Please refer to this document and supporting information. Author credentials are provided in Appendix B. 9. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 See PUD Document and Master Plan provided by Davidson Engineering. 10. PUD shall include Preserve Tract section. When listing preserve uses, the following is suggested: A. Principal Use: Preserve; B. Accessory Uses: All other uses (list as applicable or refer to the LDC) OR A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve. 2. Passive Recreation areas, as per LDC requirements. 3. Water management as allowed by the LDC. PUD Commitments and Site Plan notes Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master plan: CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant material shall be in accordance with LDC section 3.05.07. Not applicable. See discussion in #3 of Environmental Data Checklist. 11. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the rquirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. See Appendix C, Protected Species Survey Big Cypress Fox Squirrel (Sciurus niger avicennia) A total of eight (8) day beds or potential squirrel nest structures were observed on the City Gate property. Only gray squirrels were observed during the species survey. A management plan for Big Cypress fox squirrels is incorporated into the approved SFWMD permit. Gopher Tortoise (Gopherus polyphemus) A total of eight (8) gopher tortoise burrows were observed on the property, seven (7) of which are potentially occupied. Gopher tortoise were relocated from the property under an FWC permit in 2009. These new tortoise burrows are likely from waif tortoise that have been dropped off at the site since 2009. Lot purchasers will be required to obtain an offsite relocation permit from FWC for those lots that have tortoise burrows. Wild Pine (Tillandsia fasciculata) Wild pine were observed in trees throughout the property. Relocation of wild pine is incorporated into the Required Yard plan. Additional Comments: Environmental Data Checklist The Environmental Data requirements can be found in LDC Section 3.08.00 1. Provide the EIS fee if PUD or CU. Fee has been provided as part of the submittal. 2. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. This Environmental Data report was prepared by Earth Tech Environmental, LLC. Ecologists Jeremy Sterk and Jennifer Bobka. See Appendix B, Staff Qualifications. CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com 3. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. See (Figure 6). At the time of original permitting, the following SFWMD jurisdictional wetland communities were identified on the property: FLUCCS 411H-E1/E2/E3, Hydric Pine Flatwoods (0-75% Exotics) This community is found in the east-central portion of the property. Canopy is dominated by slash pine and melaleuca. Other vegetation includes buckthorn, cypress, swamp fern, wax myrtle, scattered grapevine and poison ivy. FLUCCS 424H-E4, Hydric Melaleuca (>75% Exotics) This community is dominated by melaleuca in the canopy. Slash pine and bald cypress are scattered throughout. Other vegetation present includes wiregrass, tickseed, and swamp fern. FLUCCS 624-E1/E2, Cypress – Pine – Cabbage Palm (0-50% Exotics) Canopy in this community is dominated by cypress, slash pine and cabbage palm in combinations in which no species achieves dominance. Other vegetation present includes melaleuca, ear leaf acacia, dahoon holly, swamp fern, Caesar weed, grapevine, saw grass, buckthorn, smilax, poison ivy and wax myrtle. A total of 23.77 acres of wetlands were present on the property at the time of ERP permitting with the SFWMD. The SFWMD environmental resource permit for City Gate was issued in October of 2009. As part of that permit, the SFWMD authorized direct impacts to all but 2.01 acres of jurisdictional wetlands that were present on the property. The 2.01 acres of wetlands, located in City Gate Phase 3, are isolated and made up of a 0.69 acre area in the central portion of the phase and a 1.32 acre area adjacent to the southern property line. The SFWMD considered these remaining wetlands to be secondarily impacted due to isolation by the proposed surrounding development. City Gate has already mitigated for these secondary impacts as part of their approved permit. Due to the small, isolated nature of these wetlands and the fact that they have already been secondarily impacted, the SFWMD would allow these wetlands to be directly impacted. A permit modification would be required along with a small amount of offsite mitigation at an approved wetland mitigation bank – City Gate or Collier County may pursue this modification in the future. No permits from Federal agencies (ACOE or USFWS) would have to be modified or acquired for this change. CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com Figure 6. SFWMD Jurisdictional Wetlands. 4. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. Not applicable. No water management will be directed into preserves. 5. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. Not applicable. See discussion above in #3 of Environmental PUDZ-PUDA checklist. 6. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered. See Appendix C, Protected Species Survey CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com 7. Provide a survey for listed plants identified in 3.04.03. See Appendix C, Protected Species Survey 8. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on-site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. ln a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable. include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flow ways or other natural Iand features, located on abutting properties. See discussion above in #2 & #3 of Environmental PUDZ-PUDA checklist. See (Figures 3, 4, & 5). 10. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. A copy of a recent Phase 1 Environmental Audit is being provided as a separate PDF for review. It is titled: 11-City Gate Full Property_Phase 1 ESA Report.pdf The report found no REC’s and recommends no further action. 13. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. The very northwest corner of the City Gate Commerce Park property is covered by a ST/WS3 overlay. The approximate west half of the property east of the FPL easement is covered by a ST/WS4 overlay. See Zoning Map attached as Exhibit 21. The City Gate project is not proposing any use in this portion of the property that is prohibited by the WS3 or WS4 Overlays. 15. The County Manager or designee may require additional data or information necessary to evaluate the project’s compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. See discussion above in #2, #3, and Project History of Environmental PUDZ-PUDA checklist. See (Figures 3, 4, & 5). CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com b. Explain how project is consistent with each of the applicable objective and policies in the CCME of the GMP. See this document and supporting documents\permits. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. See discussion above in #2, #3, and Project History of Environmental PUDZ-PUDA checklist. See (Figures 3, 4, & 5). d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project’s design compensates for wetland impacts. See wetland discussion above #3 and approved SFWMD permit. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. City Gate has been issued a biological opinion (BO) and incidental take permit (ITP) from the U.S. Fish & Wildlife Service. All mitigation outlined in the ITP and BO have been completed; completed monitoring reports are provided for review. 16. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. Understood. Once the environmental data is finalized, it will be collated into an EIS package. 18. PUD master plan or PPL/SDP site plan notes: Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. Not Applicable. CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com APPENDIX A NATIVE VEGETATION EXHIBITS GOLDEN GATE CANALCOLLIER BOULEVARD (C.R. 951)WHITE LAKE INDUSTRIAL PARKI-75 (Exit 101)White Lake Blvd.Utilities Drive12.33FLORIDA POWER AND LIGHT EASEMENT 422424-E43213219424H-E4411411411740740740624-E1624-E21.321.470.509.6627.000.9453.086.404270.671.32424-E4424H-E4411H-E1411H-E2424-E483210.391.263.921.150.69113.00411H-E32.355.224113.867401.6342414.157401.608140.734111.6842412.037400.78PHASEONEPHASE ONENATIVE VEGETATIONREQUIREMENTSPHASE ONENATIVE VEGETATIONREQUIREMENTSSOUTH COUNTY REGIONALWATER TREATMENT PLANT(NOT WITHIN CITYGATECOMMERCE PARK PUD)4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 850 NWN, LLC & GG II, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225 CITYGATE COMMERCE PARK MPUD DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: J.A.W. J.A.W. J.M.F.SHEET NO:SHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT:NNATIVE VEGETATION REQUIREMENT CITY GATE PHASE ONEFIGURE A-1LEGENDNON-NATIVE VEGETATION WITHINPHASE ONE CITY GATE (30.91 AC.)PHASE ONE NATIVE VEGETATION CALCULATIONTOTAL PHASE ONE ACREAGE =36.45 AC.TOTAL NON-NATIVE VEGETATION =30.91 AC.TOTAL NATIVE VEGETATION =5.54 AC.15% OF NATIVE VEGETATION (LDC 3.05.07.B) =5.54 AC * 0.15 = 0.83 AC.TOTAL REQUIRED NATIVE VEGETATION=0.83 AC.1.TOTAL CITY GATE PUD (291.60 AC.) - PHASE THREE (182.25AC.) PHASE TWO (72.90 AC.) = PHASE ONE (36.45 AC.)2.NATIVE VEGETATION CALCULATION BASED ONPREVIOUSLY REVIEWED AND APPROVED 2004 FLUCCSGENERAL NOTES: GOLDEN GATE CANALCOLLIER BOULEVARD (C.R. 951)WHITE LAKE INDUSTRIAL PARKWhite Lake Blvd.Utilities Drive12.33FLORIDA POWER AND LIGHT EASEMENT 422424-E43213219424H-E4411411411740740740624-E1624-E21.321.470.509.6627.000.9453.086.404270.671.32424-E4424H-E4411H-E1411H-E2424-E483210.391.263.921.150.69113.00411H-E32.355.224113.867401.6342414.157401.608140.734111.6842412.037400.78PHASETWOPHASE TWONATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSSOUTH COUNTY REGIONALWATER TREATMENT PLANT(NOT WITHIN CITYGATECOMMERCE PARK PUD)4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 CITY GATE DEVELOPMENT LLC, GG II, LLC & 850 NWN, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225 CITY GATE COMMERCE PARK MPUD DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: J.A.W. J.A.W. J.M.F.SHEET NO:SHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT:NNATIVE VEGETATION REQUIREMENT CITY GATE PHASE TWOEXHIBIT FLEGENDNON-NATIVE VEGETATION WITHINPHASE TWO CITY GATE (27.30 AC.)PHASE TWO NATIVE VEGETATION CALCULATIONTOTAL PHASE TWO ACREAGE =72.90 AC.TOTAL NON-NATIVE VEGETATION =27.30 AC.TOTAL NATIVE VEGETATION* =45.60 AC.15% OF NATIVE VEGETATION (LDC 3.05.07.B) =45.60 AC * 0.15 = 6.84 AC.PHASE TWO LOT LINE (OR 4532 PG 524;OR 4751 PG 3112)*NATIVE VEGETATION CALCULATION BASED ONPREVIOUSLY REVIEWED AND APPROVED 2004 FLUCCSCLEARING CREDIT =1.69 AC.1.TOTAL CITY GATE PUD (291.55 AC.) -PHASE THREE (182.20 AC.) - PHASE ONE(36.45 AC.) = PHASE TWO (72.90 AC.)2.NATIVE VEGETATION CALCULATIONBASED ON PREVIOUSLY REVIEWED ANDAPPROVED 2004 FLUCCSGENERAL NOTES:TOTAL REQUIRED NATIVE VEGETATION=6.84 AC - 1.69 AC = 5.15 AC.PHASE TWO NATIVE VEGETATIONCALCULATION PER ACRETOTAL PHASE TWO ACREAGE=72.90 AC.TRACT R OMITTED*=10.88 AC.TOTAL DEVELOPABLE PHASETWO ACREAGE=62.02 AC.TOTAL REQUIRED NATIVE 5.15 / 62.02VEGETATION PER ACRE=0.083 AC.0.083 AC OF NATIVEVEGETATION REQUIREDPER 1 ACRE OFDEVELOPABLE LAND WITHINPHASE TWO*RIGHT OF WAY TRACT GOLDEN GATE CANAL COLLIER BOULEVARD (C.R. 951)WHITE LAKE INDUSTRIAL PARKWhi t e L a k e B l v d . Utilities Drive 12.33FLORIDA POWER AND LIGHT EASEMENT422 424-E4 321 3219 424H-E4 411 411 411 740 740 740 624-E1 624-E2 1.32 1.47 0.50 9.66 27.00 0.94 53.08 6.40 427 0.67 1.32 424-E4 424H-E4 411H-E1 411H-E2 424-E4 832 10.39 1.26 3.92 1.15 0.69 113.00 411H-E3 2.35 5.22 411 3.86 740 1.63 424 14.15740 1.60 814 0.73 411 1.68 424 12.03 740 0.78 PHASE THREE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (NOT WITHIN CITYGATE COMMERCE PARK PUD)4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496CITY GATEDEVELOPMENT LLC,GG II, LLC &850 NWN, LLC159 SOUTH MAIN STREET.SUITE 500AKRON, OHIO 44309(330) 998-0225CITY GATE COMMERCE PARK MPUDDESIGNED BY:DRAWN BY:CHECKED BY:PROJECT NO.:J.A.W.J.A.W.J.M.F.SHEET NO:SHEET TITLE:PROJECT:DATE:REV.DESCRIPTIONREVISIONSCLIENT:NATIVE VEGETATION REQUIREMENTCITY GATE PHASE THREEN LEGEND NON-NATIVE VEGETATION WITHIN PHASE THREE CITY GATE (8.74 AC.) EXHIBIT G PHASE TWO LOT LINE/ FUTURE PHASE THREE PHASE THREE NATIVE VEGETATION CALCULATION TOTAL PHASE THREE ACREAGE =182.20 AC. TOTAL NON-NATIVE VEGETATION =8.74 AC. TOTAL NATIVE VEGETATION* =173.46 AC. 15% OF NATIVE VEGETATION (LDC 3.05.07.B) =173.46 AC * 0.15 = 26.02 AC. TOTAL REQUIRED NATIVE VEGETATION =26.02 AC - 1.43 AC = 24.59 AC. CLEARING CREDIT =1.43 AC. 1.TOTAL CITY GATE PUD (291.55 AC.) - PHASE TWO (72.90 AC.) - PHASE ONE (36.45 AC.) = PHASE THREE (182.20 AC.) 2.NATIVE VEGETATION CALCULATION BASED ON PREVIOUSLY REVIEWED AND APPROVED 2004 FLUCCS GENERAL NOTES: PHASE THREE NATIVE VEGETATION REQUIREMENTS PHASE THREE NATIVE VEGETATION REQUIREMENTS *NATIVE VEGETATION CALCULATION BASED ON PREVIOUSLY REVIEWED AND APPROVED 2004 FLUCCS (OR 4532 PG 524;OR 4751 PG 3112) PHASE TWO NATIVE VEGETATION CALCULATION PER ACRE TOTAL PHASE THREE ACREAGE =182.20 AC. TRACT R AND RL OMITTED*=20.93 AC. TOTAL DEVELOPABLE PHASE THREE ACREAGE =161.27 AC. TOTAL REQUIRED NATIVE 24.59 1.0 ACRE CREDIT FOR RL TRACT 1.00 TOTAL REQ. NATIVE VEGETATION WITHIN PHASE THREE LOTS =23.59 TOTAL REQUIRED NATIVE 23.59 /161.27 VEGETATION PER ACRE =0.146 AC. 0.146 AC OF NATIVE VEGETATION REQUIRED PER 1 ACRE OF DEVELOPABLE LAND WITHIN PHASE THREE *RIGHT OF WAY AND LAKE/RECREATIONAL TRACT PHASE THREENATIVE VEGETATIONREQUIREMENTSPHASE THREENATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSCOLLIER BOULEVARDC.R.951 CITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75PHASETWOPHASETHREEPHASEONEPHASEONEPHASEONE4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 CITY GATE DEVELOPMENT LLC, GG II, LLC & 850 NWN, LLC 159 SOUTH MAIN STREET. SUITE 500 AKRON, OHIO 44309 (330) 998-0225 CITY GATE COMMERCE PARK MPUD DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: J.A.W. J.A.W. J.M.F.SHEET NO:SHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT: NATURAL VEGETATION REQUIREMENTS PHASE EXHIBITNEXHIBIT ELEGEND CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com APPENDIX B STAFF QUALIFICATIONS 239.304.0030 | www.etenviron.com | Ea r t h Tech Environmental, LLC www.etenviron.com Relevant Experience Jeremy has been an environmental consultant in Southwest Florida since 1994 and has worked on projects throughout Collier, Lee, Hendry, DeSoto, Glades, and Charlotte counties. His varied experience spans marine, upland, and estuarine habitats and includes extensive work with a wide variety of listed species. In addition to authoring dozens of habitat and species management plans, in 2007, Jeremy co- authored the first habitat conservation plan (HCP) in the nation to address incidental take issues for both red cockaded woodpeckers (RCW) and Florida panther on the same property. In 1998, he wrote an ecological assessment computer model for the South Florida Water Management District as part of the South Lee County Watershed Study. Early in his career, Jeremy was the principal investigator of a field research project in the Bahamas that utilized telemetry tracking to study the swimming speed of sub-adult lemon sharks. Jeremy’s environmental consulting experience includes: Protected Species Surveys Environmental Resource Permitting (ERP) Listed Species Management Plans Turbidity Monitoring Vegetation & Habitat Mapping Wetland & Water Level Monitoring USFWS Section 7 & Section 10 Permitting Environmental Impact Statements (EIS) Water Use Monitoring & Compliance Project Management Preserve Management Plans GIS / GPS Mapping & Exhibits Post Permit Compliance Phase 1 Environmental Site Assessments Environmental Land Use Planning Phase II Environmental Site Assessments Native Vegetation Restoration Plans Lake Management Plans Incidental Take Permitting Due Diligence Reports Site and Aerial Photography Wetland Jurisdictional Determinations USFWS Bald Eagle Monitor Bonneted Bat Surveys Gopher Tortoise Surveys, Permitting, & Relocations Mangrove Assessments & Restorations Scrub Jay Surveys Hard Bottom & Soft Bottom Benthic Surveys Burrowing Owl Surveys Artificial Reef Deployments Shorebird Surveys Seagrass Surveys Certifications/Credentials Certified Environmental Professional #1692037, Academy of Board Certified Environmental Professionals Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent – Permit No. GTA-09-00192 Florida Association of Environmental Professionals – member since January 1995; served on the Board of Directors for the Southwest Florida Chapter from (2008 – 2012). Past Secretary, Vice President, & President. State of Florida Real Estate License (2003 to Present) Appointed by the Collier County Board of County Commissioners to: • Conservation Collier Land Acquisition Advisory Committee, Chairman of the Lands Evaluation and Management Subcommittee. (2009 to 2014). • Collier County Development Services Advisory Committee (DSAC) (2015 to Present). • FWC Local Rule Review Committee (Manatee Protection Speed Zones) (2016 to Present). Publications Sundström, L.F., J. Sterk, & S.H. Gruber. 1998. Effects of a speed-sensing transmitter on the swimming speed of lemon sharks. Bahamas J. Sci. 6 (1): 12-22. JEREMY STERK, C.E.P. Partner \ Ecologist j.sterk@etenviron.com 239.595.4929 Years Experience 22 years Education/Training B.S. Aquatic Biology (1994), St. Cloud State University Professional Affiliations Academy of Board Certified Environmental Professionals #16992037 Florida Association of Environmental Professionals 239.304.0030 | www.etenviron.com | E a r t h Tech Environmental, LLC www.etenviron.com Relevant Experience Ms. Bobka joined Earth Tech Environmental LLC in 2016 as an Ecologist with more than 5 years of private and public sector experience in the environmental field. Her experience includes projects throughout Collier, Lee and Gallatin counties. Her varied experience spans coastal marine, shoreline and estuarine habitats, to upland forests and alpine environments. She has worked with a wide variety of native and invasive plant and wildlife species. She is also an experienced Naturalist and Environmental Educator. As an Ecologist, Jennifer fulfills duties in environmental consulting, wetland & wildlife monitoring, species surveys, invasive species removal, report writing, GIS mapping, and ERP permitting. Jennifer’s work experience in many fields of ecology includes: Wetland Delineation Protected Species Surveys Listed Species Research & Monitoring Turbidity Monitoring Vegetation & Habitat Mapping Bald Eagle Monitoring Gopher Tortoise Surveys and Relocation GIS Mapping Environmental Resource Permitting (ERP) Invasive & Exotic Species Removal Natural Resource Management Trail Maintenance Mechanical & Manual Forest Fuel Reduction Ecological Restoration Environmental Education Relevant Certifications/Credentials Certified Interpretive Guide Python Responder/Patrol Training USFS Sawyer JENNIFER BOBKA Ecologist jenniferb@eteflorida.com 239.304.0030 Years’ Experience 5 years Education/Training Naturalist II & Environmental Educator (2012-2016) Manatee Research Intern Florida Conservation Commission (2013) AmeriCorps Field Crew Leader Montana Conservation Corps (2010) B.A. Environmental Studies Montana State University (2009) Marine Biology & Coastal Ecology Study Abroad Costa Rica (2007) Professional Affiliations Florida Association of Environmental Professionals League of Environmental Educators of Florida Florida Master Naturalist Program CITY GATE PUDR Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com APPENDIX C PROTECTED SPECIES SURVEY CITY GATE COMMERCE PARK Protected Species Survey NAPLES, FLORIDA APPROXIMATELY 291.55 ACRES Prepared For: Prepared By: August 1, 2017 Collier County Engineering & Natural Resources Department 2800 North Horseshoe Drive Naples, FL 34104 South Florida Water Management District (SFWMD) Lower West Coast Service Center 2301 McGregor Boulevard Fort Myers, FL 33901 Earth Tech Environmental, LLC 1455 Rail Head Boulevard, Suite 8 Naples, FL 34110 239.304.0030 www.eteflorida.com Ea r t h Tech Environmental, LLC Protected Species Survey Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com INTRODUCTION The purpose of this report is to provide a search for listed species on the City Gate parcel prior to development of the property and as part of a PUDR application with Collier County. The entire PUD (approximately 291.55 acres) was surveyed for the purposes of this report. LOCATION The City Gate property is located east of Collier Boulevard (951), just north of Interstate 75. Specifically, the property is in Section 35, Township 49 South, Range 26 East, in Naples, Florida (Figure 1). The entire PUD is approximately 289.50 acres. Figure 1. Site Location Map SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication “Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida.” This methodology is as follows: Existing vegetation communities or land-uses on the subject site are delineated on a recent aerial photograph (Collier County 2017) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in (Figures 2 & 3). The resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications: v A list of animals and birds was obtained from the FWC publication “Florida’s Endangered Species, Threatened Species & Species of Special Concern-Official Lists”, Publication Date: October 2016. Protected Species Survey Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com v A list of protected plant species was obtained from the publication “Notes on Florida’s Endangered and Threatened Plants”, Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Entomology, Nematology & Plant Pathology-Botany Section, Contribution 38, 5th Edition (2010). The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See Table 1 of this report for the species list that applies to this property. In the field, each FLUCCS community is searched for listed species or signs of listed species. This is accomplished using a series of transects throughout each vegetation community. If necessary, transect integrity is maintained using a handheld GPS in track mode. Signs or sightings of all listed and non-listed species are then recorded. Listed species locations are typically flagged and marked by GPS. Based on the habitat types found on this parcel of land, particular attention was paid to the presence or absence of fox squirrels, gopher tortoises, and listed plants. EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were generally in the upper 90’s. Cloud cover varied from absent to overcast with thunderstorms. Approximately 80.5 man-hours were logged on the property during this species survey. Table 3 details the dates and time spent in the field. The Subject Property has the following surrounding land uses: West Collier Boulevard \cleared but vacant land North Main Golden Gate Canal \ Residential (GGE) South Industrial (White Lake Industrial Park) East Vacant land Listed below are the FLUCCS communities identified on the site. The following community descriptions correspond to the mappings on the FLUCCS map below. See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. FLUCCS 141, Retail Sales and Services (Gas Station), 2.88 Acres This portion of the property includes a gas station and car wash in City Gate Phase 1. It includes the building, driveways, parking lots, and associated structures and facilities. FLUCCS 145, Tourist Services (Hotels), 8.61 Acres There are two hotels previously constructed in City Gate Phase 1. FLUCCS 149, Commercial Services Under Construction, 5.92 Acres A storage facility under construction exists in the southwest corner of City Gate Phase 1. FLUCCS 175, Governmental, 4.65 Acres There is a South Florida Water Management District building (Big Cypress Basin) along the north-central property line – City Gate Phase 2, lots 5 & 6. FLUCCS 321, Palmetto Prairies, 28.51 Acres Protected Species Survey Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com This community is found mostly in the northwest corner of City Gate Phase 2, just south of City Gate Boulevard North, and along the eastern property boundary. It is dominated by saw palmetto with scattered slash pine in the canopy. Other vegetation present includes pennyroyal, rusty lyonia, southern sumac, and grapevine. FLUCCS 3219, Disturbed Palmetto, 1.46 Acres This community is found in the northern region of the property. Mid-story is nearly absent, consisting of occasional saw palmetto. Dominant groundcover is dense grapevine and bracken fern. FLUCCS 411-E1/E2/E3, Pine Flatwoods (0-75% Exotics), 157.43 Acres This community makes up the majority of the property. It is dominated by slash pine with a common understory of saw palmetto. Other vegetation present includes buckthorn, beautyberry, grapevine, poison ivy, myrsine, and rusty lyonia. Densities of exotic vegetation, including melaleuca and ear leaf acacia, vary throughout. FLUCCS 411H-E1/E2/E3, Hydric Pine Flatwoods (0-75% Exotics), 10.28 Acres This community is found in the east-central portion of the property. Canopy is dominated by slash pine and melaleuca. Other vegetation includes buckthorn, cypress, swamp fern, wax myrtle, scattered grapevine and poison ivy. FLUCCS 422, Brazilian Pepper, 1.11 Acres This community is found in a small, isolated occurrence along the north-central property boundary. It is dominated by a dense Brazilian pepper canopy, with little to no understory vegetation. FLUCCS 424H-E4, Hydric Melaleuca (>75% Exotics), 8.69 Acres This community is dominated by melaleuca in the canopy. Slash pine and bald cypress are scattered throughout. Other vegetation present includes wiregrass, tisckseed, and swamp fern. FLUCCS 435, Dead Trees, 2.26 Acres This community is found in the southeast property corner. It is dominated by snags (dead trees) in areas burned by a wildfire. Other vegetation present includes Caesar weed, grapevine, poison ivy, and smilax. FLUCCS 624-E1/E2, Cypress – Pine – Cabbage Palm (0-50% Exotics), 2.01 Acres Canopy in this community is dominated by cypress, slash pine and cabbage palm in combinations in which no species achieves dominance. Other vegetation present includes melaleuca, ear leaf acacia, dahoon holly, swamp fern, Caesar weed, grapevine, saw grass, buckthorn, smilax, poison ivy and wax myrtle. FLUCCS 740, Disturbed Lands, 9.10 Acres Disturbed lands are those which have been changed primarily from human activities. On the site, these areas consist primarily of berms, trails and previously cleared areas. FLUCCS 742, Water Management Areas, 10.70 Acres These consist of water detention areas east of City Gate Boulevard South and at the western end of City Gate Boulevard North. These areas form the temporary water management facilities for City Gate Phase 2. FLUCCS 814, Roads and Highways, 20.40 Acres These include City Gate Drive, City Gate Boulevard North and South, and White Lake Boulevard. FLUCCS 817, Water Transmission Easement, 5.03 Acres This area forms the northern property line, adjacent to the Golden Gate Canal. It is a utility easement for water lines that run from the Resource Recovery Property (to the NE) back to the South County Regional Water Treatment Plant. FLUCCS 832, Electrical Power Transmission Lines, 12.51 Acres This includes the area east of the Water Treatment Plant and consists of a Florida Power and Light (FPL) easement. Protected Species Survey Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com The following table is summary of FLUCCS communities and corresponding acreages: FLUCCS CODE DESCRIPTION ACREAGE 141 Retail Sales and Services (Gas Station) 2.88 145 Tourist Services (Hotels) 8.61 149 Commercial and Services Under Construction 5.92 175 Governmental (SWFWMD) 4.65 321 Palmetto Prairies 28.51 3219 Disturbed Palmetto 1.46 411-E1 Pine Flatwoods (0-25% Exotic Coverage) 151.47 411-E2 Pine Flatwoods (26-50% Exotic Coverage) 1.9 411-E3 Pine Flatwoods (51-75% Exotic Coverage) 4.06 411H-E1 Hydric Pine Flatwoods (0-25% Exotic Coverage) 1.14 411H-E2 Hydric Pine Flatwoods (26-50% Exotic Coverage) 3.92 411H-E3 Hydric Pine Flatwoods (51-75% Exotic Coverage) 5.22 422 Brazilian Pepper 1.11 424H-E4 Hydric Melaleuca (>75% Exotic Coverage) 8.69 435 Dead Trees (Wildfire Area) 2.26 624-E1 Pine-Cypress-Cabbage Palm (0-25% Exotic Coverage) 0.69 624-E2 Pine-Cypress-Cabbage Palm (26-50% Exotic Coverage) 1.32 740 Disturbed Lands 9.10 742 Water Management Areas 10.7 814 Roads and Highways 20.4 817 Water Transmission Easement 5.03 832 Electrical Power Transmission Lines (FPL Easement) 12.51 Site Total: 291.55 Protected Species Survey Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com Figure 2. Aerial with FLUCCS Mapping Protected Species Survey Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com Figure 3. FLUCCS Mapping RESULTS/DISCUSSION The various protected species which may occur in the corresponding FLUCCS communities are shown in Table 1 below. All animal species observed on the subject parcel are detailed in Table 2. Within Table 2, any protected species observed are specifically noted. See Figure 4 below for results and field observations. Protected Species Survey Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com Figure 4. Protected Species Survey Transect Map & Field Results Below are discussions of each listed species observed on the property: Big Cypress Fox Squirrel (Sciurus niger avicennia) A total of eight (8) day beds or potential squirrel nest structures were observed on the City Gate property. Only gray squirrels were observed during the species survey. Gopher Tortoise (Gopherus polyphemus) A total of eight (8) gopher tortoise burrows were observed on the property, seven (7) of which are potentially occupied. Gopher tortoise were relocated from the property under an FWC permit in 2009. These new tortoise burrows are likely from waif tortoise that have been dropped off at the site since 2009. City Gate will be re-authorizing their permit with FWC and relocating the tortoise offsite to an approved recipient site. Wild Pine (Tillandsia fasciculata) Wild pine were observed in trees throughout the property. Protected Species Survey Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com Table 1. Protected Species List According to FLUCCS Category FLUCCS Potential Listed Species Scientific Name Designated Status FWC or FDA FWS 141 NONE - - - 145 NONE - - - 149 NONE - - - 175 NONE - - - 321 Audubon's Crested Caracara Polyborus plancus audubonii T T Beautiful Pawpaw Deeringothamnus rugelii var. pulchellus E E Burrowing Owl Speotyto cunicularia T - Curtis Milkweed Asclepias curtissii E - Fakahatchee Burmannia Burmannia flava E - Florida Coontie Zamia integrifolia C - Florida Sandhill Crane Grus canadensis pratensis T - Gopher Tortoise Gopherus polyphemus T - Eastern Indigo Snake Drymarchon corais couperi T T Southeastern American Kestrel Falco sparverius paulus T - 3219 Audubon's Crested Caracara Polyborus plancus audubonii T T Beautiful Pawpaw Deeringothamnus rugelii var. pulchellus E E Burrowing Owl Speotyto cunicularia T - Curtis Milkweed Asclepias curtissii E - Fakahatchee Burmannia Burmannia flava E - Florida Coontie Zamia integrifolia C - Florida Sandhill Crane Grus canadensis pratensis T - Gopher Tortoise Gopherus polyphemus T - Eastern Indigo Snake Drymarchon corais couperi T T Southeastern American Kestrel Falco sparverius paulus T - 411 Beautiful Pawpaw Deeringothamnus rugelii var. pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T - Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia Burmannia flava E - Florida Coontie Zamia integrifolia C - Florida Panther Felis concolor coryi E E Gopher Tortoise Gopherus polyphemus T - Red-Cockaded Woodpecker Picoides borealis E E Satinleaf Chrysophyllum oliviforme T - Southeastern American Kestrel Falco sparverius paulus T - Twisted Air Plant Tillandsia flexuosa T - 422 NONE - - - 424 NONE - - - 435 Southeastern American Kestrel Falco sparverius paulus T - 624 American Alligator Alligator mississippiensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T - Florida Panther Felis concolor coryi E E Little Blue Heron Egretta caerulea T - Tricolored Heron Egretta tricolor T - Wood Stork Mycteria americana T T 740 Burrowing Owl Speotyto cunicularia T - Gopher Tortoise Gopherus polyphemus T - 742 NONE - - - 814 NONE - - - 817 NONE - - - 832 NONE - - - Protected Species Survey Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com Abbreviations: Agencies FWC=Florida Fish and Wildlife Conservation Commission FDA=Florida Department of Agriculture and Consumer Services FWS=United States Fish and Wildlife Service Status E=Endangered T=Threatened T(S/A)=Threatened/Similarity of Appearance SSC=Species of Special Concern CE=Commercially Exploited Table 2. Birds, Mammals, Amphibians, Reptiles, & Plants Observed on the Subject Property BIRDS Common Name Scientific Name Observation Type Listed? (Y/N) Status Black Vulture Coragyps atratus DV N - Blue Jay Cyanocitta cristata DV N - Downy Woodpecker Picoides pubescens DV N - Mockingbird Cyanocitta cristata HV N - Northern Cardinal Cardinalis cardinalis DV N - Pileated Woodpecker Dryocopus pileatus DV N - Red-Bellied Woodpecker Melanerpes carolinus DV N - Red-Headed Woodpecker Melanerpes erythrocephalus DV N - Red-Shouldered Hawk Buteo lineatus DV, HV N - Red-Tailed Hawk Buteo jamaicensis DV N - Turkey Vulture Cathartes aura DV N - MAMMALS Common Name Scientific Name Observation Type Listed? (Y/N) Status Gray Squirrel Sciurus niger avicennia DB, DV, MT, N N - Marsh Rabbit Sylvilagus palustris DV N - Nine-Banded Armadillo Dasypus novemcinctus OH N - White-Tailed Deer Odocoileus virninianus DV, OT N - REPTILES Common Name Scientific Name Observation Type Listed? (Y/N) Status Black Racer Coluber constrictor DV N - Brown Anole Anolis sagrei DV N - Florida Scrub Lizard Sceloporus woodi DV N - *Gopher Tortoise Gopherus polyphemus DV, OH Y T Six-Lined Racerunner Cnemidophorus sexlineatus DV N - AMPHIBIANS Common Name Scientific Name Observation Type Listed? (Y/N) Status Squirrel Treefrog Hyla squirrella DV N - PLANTS Common Name Scientific Name Observation Type Listed? (Y/N) Status *Wild Pine Tillandsia fasciulata DV N CE Protected Species Survey Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL 34110 www.eteflorida.com * = Protected species Abbreviations: Observations C=Cavity DB=Day Bed DV=Direct Visual HV=Heard Vocalization MT=Marked Tree N=Nest OH=Observed Hole\Burrow OT=Observed Tracks Status E=Endangered T=Threatened T(S/A)=Threatened/Similarity of Appearance SSC=Species of Special Concern CE=Commercially Exploited Table 3. Field Time Spent on the Subject Property Date Start Time End Time Man Hours No. of Ecologists Task July 21, 2017 10:00 am 11:00 am 3.0 3 Species Survey July 24, 2017 10:00 am 3:00 pm 10.0 2 Species Survey July 25, 2017 10:00 am 2:30 pm 13.5 3 Species Survey July 26, 2017 9:00 am 3:00 pm 30.0 5 Species Survey July 28, 2017 9:00 am 1:00 pm 24.0 6 Species Survey Total 80.50 HEARING SIGN PHOTOS & POSTING AFFIDAVIT 2/8/2018 NIM INFORMATION Civil Engineering • Planning • Permitting 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 www.davidsonengineering.com 1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180 M E M O R A N D U M November 29, 2017 TO: Nancy Gundlach, AICP, Principal Planner FROM: Jessica Harrelson, Senior Project Coordinator RE: Citygate Commerce Park PUDA- PL20170002330 and DOA- PL20170002634 NIM Meeting Notes A Neighborhood Information Meeting was held on Wednesday, November 15th, 2017 at 5:30 p.m. at the Fairfield Inn & Suites Hotel, located at 3808 White Lake Blvd, Naples, FL 34117. The following individuals, associated with the review and presentation of the project, were present. • Frederick Hood, Davidson Engineering • Jessica Harrelson, Davidson Engineering • Josh Fruth, Davidson Engineering • Roger Rice, Applicant’s Attorney • Nancy Gundlach, Collier County Frederick Hood started the meeting by marking a presentation, reading the following: Introduction & Project Details: o Good evening. My name is Frederick Hood with Davidson Engineering and I am the land development consultant representing the applicants, City Gate Development LLC, CG II, LLC and 850 NWN, LLC. o Here with me tonight are Roger Rice, the applicant’s representing Attorney, Josh Fruth & Jenna Woodward, the Project Engineers with Davidson Engineering and Jessica Harrelson, the Project Coordinator with Davidson Engineering. o Nancy Gundlach, with Collier County, is also in attendance tonight. She is the reviewing Planner for Collier County’s Growth Management Division. o The applicants are seeking a Planned Unit Development Amendment (also known as a PUDA) to the existing Citygate Commerce Park PUD. Additionally, a request to amend the Development Order (referred to as a DOA) to the existing companion Development of Regional Impact (DRI) has been submitted and is being reviewed by County Staff simultaneously. o The purpose of this meeting is to inform you, the surrounding residents and interested parties in proximity of the City Gate PUD, the intent of both the PUDA and DOA applications. Please note, as required by the Collier County Land Development Code, this meeting is being recorded. o I will give a brief description of the project and the intent of both of the applications, currently in review, and then answer any questions that you may have at the end of my presentation. o The Citygate Commerce Park PUD is located Northeast of the Collier Boulevard and I-75 interchange and is 291.60 acres in size. Purpose of the PUDA Application: o As I mentioned, two separate applications have been filed with Collier County and are being reviewed by several County departments at the same time. o First, is the application to amend the Citygate Commerce Park PUD. The existing PUD, originally adopted in 1988 under Ordinance 88-93, was established to provide development standards and regulations, while permitting for a variety of commercial, industrial and office land uses within the PUD property boundary. o As many of you may be aware, it is the intent of Collier County to purchase land within City Gate for the purpose of constructing a Sports Complex o This PUD Amendment request seeks to provide development standards for the proposed Collier County Sports Complex, while also modernizing the original PUD document to remove redundancies and offer clarification of previously ambiguous language and standards. o The following changes have been formally presented to the County for review: 1. To adjust the property acreage and correct the legal description, as both have slightly changed over the years since the original 1988 approval. 2. Update the Master Development Plan by designating a Lake/Recreational Area and Sports Complex Lot, adding external access points along the eastern PUD boundary, updating the Land Use Table, and adding building heights and deviations. 3. Due to the permitted land uses within the original PUD being very broad & vague, we are requesting to clarify specific permitted land uses for lots East and West of the existing FP&L easement that runs through the property. 4. Specify the County’s proposed Sports Complex as a permitted use and provide development standards for such; 5. Provide a conversion for Hotel/Motel rooms and the Sports Complex land uses in relation to the permitted office and light industrial land uses; 6. The request of Deviations from the Collier County Land Development Code related to signage, caretakers’ residences and outdoor merchandise storage and display related both to City Gate and the Sports Complex Lot 7. The request of Deviations from the Collier County Land Development Code specific to on and off- site parking design requirements, landscape buffers, and off-site retained native vegetation related to the Sports Complex Lot only; 8. Clarify the maximum building height limitations within the PUD boundary; 9. Memorialize development standards for the required landscape buffer along the northern PUD boundary (along the Golden Gate Canal); 10. Allow outdoor merchandise storage and display, east of FPL Easement; and 11. Add a reference in the PUD text language to the Required Yard Plan, which specifically provides the native vegetation retention requirements within the PUD boundary. Purpose of the DOA Application: o The second application I mentioned earlier is the Development Order Amendment (again, referred to as a DOA). The DOA request will update the originally approved and recorded document (Resolution 88-309/DO 88-02, as amended). The requested updates to the approved DO include the following: 1. Update the existing master development plan (per the changes discussed with the PUD Amendment); 2. Removing Section 4.b. of the original DO Document in its entirety. This section originally called out 2.47 acres of wetlands to be preserved. This is section is being removed because: 3. Removing Section 9.c. of the original DOA Document, in its entirety. This section included phasing of the site, which is no longer needed; 4. Extending the termination date of the Development Order an additional five (5) years (new year - 2030); 5. Request that the annual reporting of development within the City Gate property boundary, be updated to biennial reporting, which will be in-line with current Florida Statutes. Details of the MCP o The proposed Master Development Plan, as mentioned throughout this presentation, are now designating a Lake/Recreational Area and Sports Complex Lot, adding external access points along the eastern PUD boundary, updating the Land Use Table, and adding building heights and deviations. o Although this layout looks official, this is not an approved plan yet. We still must finish our review with Collier County before moving forward. The following concerns were stated, and questions were asked: 1. There was a discussion brought up and had between several attendees, living on 31st Ave SW, about their existing, backyard gun ranges (existing seven ranges). They voiced concerns that they are worried the County may change regulations on back yard ranges due to the proximity to the proposed Sports Complex. One attendee stated that he is training for a shooting competition and shoots up to 200,000 rounds per year in his back yard. Attendees stated that their backyard ranges are up to code standards. 2. Who will be using the Sports Complex who came up with the configuration of the lot? Fred replied that the location and concept plan was determined by Collier County and the developers of Citygate. Fred used the rendering/aerial to show the layout and location. Fred also stated the Sports Complex would be a County park and open to the public. 3. Will minor league teams be using the park? Fred and Applicant’s Attorney replied that it would be amateur teams entirely and no professional teams would be using the sports complex, except for possibly the Adrenaline soccer team(s) using it for practice. 4. Will there be lights? Fred replied that there would be lights. 5. Another discussion was had about adding a gun range to the City Gate site and attendees expressing the need for an outdoor gun club within the County. 6. Will the park be open all night? What are the hours it will be open? Fred replied that the County will decide the hours once the development is complete. 7. Questions about the aerial/site plan were asked regarding to the Resource Recovery Business Park. What is it? What does it mean? Fred stated that the Resource Recovery Business Park is being used for the FEMA debris area, and will later be developed in conjunction with the landfill (recycling, offices, deep injection well) 8. What is their budget to do this? Fred replied that he could not answer that question. 9. There were more conversations about wanting a gun range. 10. An attendee wanted to know about the phases shown on the aerial. Fred explained the that a portion of the Sports Complex Lot was within the Citygate PUDA, and the remainder is within the County’s adjacent property (305 parcel). 11. Will the Sports Complex be developed all at once, or will it be phased? Fred replied that it would be a phased development. 12. Are there any current plans for the remainder of Citygate (other than the Sports Complex)? Fred stated that the properties were all for sale. 13. An attendee wanted to know the intentions for the lots along the canal (due to proximity of home). Fred used the site plan to show the developable lots for sale and explained the buffer along the northern PUD boundary (along the Golden Gate canal). He also pointed out there was a list handed out to attendees with the proposed permitted land uses. 14. Will the dirt road get paved? Fred stated that he was unaware of any plans to pave at this time. 15. Does this have to go to the County Commission? Fred replied yes, to the CCPC and the BCC and attendees would be notified. 16. Access to the sports complex? Fred used the site plan to show City Gate Blvd N. and S. to show access points to the park. 17. Will City Gate Drive be closed? There was a discussion about the lighted intersection that is proposed to be relocated, at a later date. 18. Any connections to I-75 proposed? It was stated that no stated that no additional I-75 connections are proposed. 19. Client’s Attorney/Applicant spoke about the proposed project, intent, details, etc. 20. Does the Sports Complex lot abut the canal? Josh Fruth/Applicant replied that it will not abut the canal and the closest home is about 660’ from the proposed Sports Complex. The aerial was used to show proximities of homes to the sports complex lot. 21. Attendee brought up vegetation that has been removed along canal, and the use of the road that the County/ vendors are using for hauling FEMA debris. Conservations were held regarding the debris laydown area and road and development along the canal. 22. What is the highest height proposed? Fred/Applicant replied that the highest building proposed at the County’s Sports Complex (Field House) is at 75’ to house a soccer field. Fred explained a lot fit study was prepared. The site plan was used to show proposed locations, soccer fields, etc. 23. Attendees expressed concerns of location of the field house in proximity to their homes, proposed bldg. heights, traffic. Conversations were held about the proposed site layout, proposed grass parking lots vs. asphalt, traffic, hearing dates, timelines, etc. The meeting was adjourned at approximately 6:18p.m. End of memo. Civil Engineering • Planning • Permitting 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 www.davidsonengineering.com 1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180 October 31, 2017 Dear Property Owner, Please be advised that formal applications have been submitted to Collier County, proposing to amend Ordinance 88-93, as amended, the Citygate Commerce Park PUD, to 1) adjust the property acreage and correct the legal description; 2) update the master development plan by designating the Lake/Recreational Area, adding external access points along the eastern PUD boundary, eliminating obsolete by events designations, updating the Land Use Table, adding Building Heights and Deviations); 3) clarify specific permitted land uses for lots East and West of the FP&L easement; 4) specify the County’s intended use for a Sports Complex (national/regional caliber sports complex, with multipurpose playing fields, a championship amateur stadium and a fieldhouse/event center) as a permitted use and provide development standards for such; 5) provide a conversion for Hotel/Motel rooms and the Sports Complex in relation to office and light industrial land uses; 6) addition of Deviations from the Collier County Land Development Code (three related to signage, the balance related to the Sports Complex); 7) clarify the maximum building height limitations; 8) memorialize development standards for the required landscape buffer along the northern PUD boundary; 9) allow outdoor display of merchandise behind decorative fencing, east of FPL Easement; and 10) provide reference to the Required Yard Plan for native vegetation retention. The applicant is also seeking to amend Development Order 88-02, as amended, for the Citygate Commerce Park, to 1) update the conceptual master plan; 2) amend Section 4, Conclusion of Law, by deleting subparagraph b. in its entirety; 3) amend Section 9, Conclusions of Law, by deleting subparagraph c. in its entirety; 4) amend Paragraph 3 of an untitled Section to extend the termination date by five (5) years , and 5) to amend Paragraph 5 of an untitled Section to change from annual to biennial reports. The subject property’s location is depicted on the map, on the 2nd page of this letter, and is situated at the Northeastern quadrant of the intersection of Interstate- 75 and Collier Boulevard (C.R. 951) in Section 35, Township 49 South, Range 26 East, Collier County, Florida. [Petition Nos. PUDA- PL20170002330 and DOA- PL20170002634] We are holding a Neighborhood Information Meeting, in order to provide you an opportunity to become fully aware of our request. The meeting will be held on Wednesday, November 15th, 2017 at 5:30 p.m. at the Fairfield Inn & Suites Hotel, located at 3808 White Lake Blvd, Naples, FL 34117. Please contact me at (239) 434-6060 ext. 2961, or via e-mail at fred@davidsonengineering.com, if you have any questions regarding the meeting or the proposed project. Sincerely, Frederick E. Hood, AICP Senior Planner Civil Engineering • Planning • Permitting 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 www.davidsonengineering.com 1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180 12A ❚TUESDAY, OCTOBER 31, 2017 ❚NAPLES DAILY NEWS Fall 2017 Downtown Naples Downtown Naples Festival Fun for Everyone in the Family Today Tuesday, Oct. 31 Halloween Spooktacular on 5th Ave. S. Go to naplesnews.com/cityfest for details We hope you enjoyed our CityFest this October Watch for our Spring Festival in May, 2018 Sponsored By NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood information meeting, held by Frederick E. Hood, AICP, of Davidson Engineering, Inc., representing the applicants, CG II, LLC, Citygate Development, LLC and 850 NWN, LLC. The meeting will be held on Wednesday, November 15th, 2017 at 5:30 p.m. at the Fairfield Hotel, located at 3808 White Lake Blvd, Naples, FL 34117. Please be advised that formal applications have been submitted to Collier County, proposing to amend Ordinance 88-93, as amended, the Citygate Commerce Park PUD, to 1) adjust the property acreage and correct the legal description; 2) update the master development plan by designating the Lake/Recreational Area, adding external access points along the eastern PUD boundary, eliminating obsolete by events designations, updating the Land Use Table, adding Building Heights and Deviations); 3) clarify specific permitted land uses for lots East and West of the FP&L easement; 4) specify the County’s intended use for a Sports Complex (national/regional caliber sports complex, with multipurpose playing fields, a championship amateur stadium and a fieldhouse/event center) as a permitted use and provide development standards for such; 5) provide a conversion for Hotel/ Motel rooms and the Sports Complex in relation to office and light industrial land uses; 6) addition of Deviations from the Collier County Land Development Code (three related to signage, the balance related to the Sports Complex); 7) clarify the maximum building height limitations; 8) memorialize developmentstandardsfortherequiredlandscapebufferalongthenorthernPUDboundary;9) allow outdoor display of merchandise behind decorative fencing, east of FPL Easement; and 10) provide reference to the Required Yard Plan for native vegetation retention. The applicant is also seeking to amend Development Order 88-02, as amended, for the Citygate Commerce Park, to 1) update the conceptual master plan; 2) amend Section 4, Conclusion of Law, by deleting subparagraph b. in its entirety; 3) amend Section 9, Conclusions of Law, by deleting subparagraph c. in its entirety; 4) amend Paragraph 3 of an untitled Section to extend the termination date by five (5) years , and 5) to amend Paragraph 5 of an untitled Section to change from annual to biennial reports. The subject property’s location is depicted on the map, on the 2nd page of this letter, and is situated at the Northeastern quadrant of the intersection of Interstate-75 and Collier Boulevard (C.R. 951) in Section 35, Township 49 South, Range 26 East, Collier County, Florida. [Petition Nos. PUDA- PL20170002330 and DOA- PL20170002634] WE VALUE YOUR INPUT If you are unable to attend this meeting but have questions or comments, they can be directed by mail, phone or e-mail to the individuals listed below: Frederick E. Hood, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239.434.6060 Email: Fred@davidsonengineering.com Nancy Gundlach, AICP, PLA # 1244 Collier County Growth Management 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239.252.2484 Email: Nancygundlach@colliergov.net October 31, 2017 ND-1806065 FORT BRAGG, N.C. – President Don- ald Trump’s scathing criticism of Army Sgt. Bowe Bergdahl won’t prevent the soldier from receiving a fair sentence for endangering comrades by walking off his post in Afghanistan in 2009, a judge ruled Monday. The judge, Army Col. Jeffery Nance, said the court has not been affected di- rectly by Trump’s remarks, nor would the comments cause a reasonable mem- ber of the public to have doubts about the fairness of the military justice system. He had to consider both questions in de- ciding on whether actual or apparent un- lawful command influence was interfer- ing in the case. “I am completely unaffected by any opinions President Trump may have about Sgt. Bergdahl,” the judge said. He added that prosecutors had convinced him that the Trump comments won’t put “an intolerable strain” on the public per- ception of military courts. Then-Republican nominee Trump re- peatedly called Bergdahl a traitor on the campaign trial and suggested that he be shot or thrown from a plane without a parachute. Trump revived those com- ments when Bergdahl pleaded guilty Oct.16 by saying at a news conference that he thinks people are aware of what he has said. The White House later released a statement that, while not mentioning Bergdahl by name, said that every mil- itary justice case should be decided by military personnel using their own judg- ment. Nance cited that statement in his ruling. Nance did say he would keep Trump’s comments in mind as he weighs other factors that will go into his sentencing decision. The hearing is expected to last several more days. Those mitigating factors, such as Bergdahl’s mental health or his time in captivity by Taliban allies, would en- courage leniency. On the other hand, prosecutors are presenting evidence of wounds to several service members who searched for Bergdahl as aggravating ev- idence to push for a stiff punishment. Bergdahl faces a maximum of life in prison after pleading guilty to desertion and misbehavior before the enemy. Berg- dahl was held by Taliban allies for five years after he left his remote post. Following Nance’s ruling, prosecutors called their final witness, Shannon Allen, to discuss a traumatic brain injury suf- fered by her husband when he was shot in the head during a search mission for Bergdahl. National Guard Master Sgt. Mark Allen was on a mission to gather information in two villages in July 2009 when his unit was ambushed by insur- gents using small arms, machine guns and rocket-propelled grenades. The soldier is unable to speak, uses a wheelchair and needs help with every- day tasks, his wife testified. Shannon Allen’s voice faltered when she referred to the brain injury’s effect on his interactions with their daughter, who was an infant when he was wounded. She is now 9 and Mark Allen is in his mid-30s. “He’s not able to reach out for her or talk to her,” she said, tearing up and pausing to take a deep breath. “He’s nev- er had the chance to really play with her or help coach her sports or ask about her day.” Before the injury, he loved playing outside with his son from another rela- tionship. His wife said he can smile, make eye contact and sometimes make a thumbs up, but he has little communication be- yond that. Prosecutors showed a video of Shannon Allen and a home care nurse going through their routine of rolling his limp body into a sling to get him out of bed and into a wheelchair each day. While Bergdahl acknowledged at his plea hearing that his actions triggered the search missions that resulted in the wounds, his lawyers argue there’s a limit to his responsibility for a lengthy chain of events that includes enemy attacks and decisions by the U.S. military com- manders who led the searches. The defense was expected to start calling witnesses Monday. Bergdahl made no deal with prosecu- tors to limit his punishment, so the judge has wide leeway to determine his sen- tence. The 31-year-old soldier from Hailey, Idaho, has said he was caged by his cap- tors, kept in darkness and beaten. He said he tried to escape more than a dozen times before President Barack Obama brought him home in 2014 in a swap for five Taliban prisoners at Guantanamo Bay. Judge: Bergdahl to get fair sentence, despite Trump remarks Army Sgt. Bowe Bergdahl arrives at the Fort Bragg courtroom facility for a sentencing hearing on Monday on Fort Bragg, N.C.ANDREW CRAFT/THE FAYETTEVILLE OBSERVER VIA AP Hearing expected to last several more days Jonathan Drew ASSOCIATED PRESS Published DailyNaples, FL 34110 Affidavit of PublicationState of FloridaCounties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales 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.#_____________________________________________________________________________________ DAVIDSON ENGINEERING, INC 1806065 CG NIM Pub DatesOctober 31, 2017 _______________________________________(Signature of affiant) Sworn to and subscribed before meThis October 31, 2017 _______________________________________(Signature of affiant) PL20170002330 500 Foot Buffer Page 1 of 2 10/09/17 NAME1 NAME2 NAME3 NAME4 NAME6 3819 3815 WHITE LAKE BLVD ASSOC LLC 121 S MAIN ST # 500 AKRON, OH 44308---0000 3823 WHITE LAKE BLVD LLC 8014 FLAGLER COURT WEST PALM BEACH, FL 33405---0000 850 NWN LLC 9010 STRADA STELL CT STE 207 NAPLES, FL 34109---4427 ARC SANPLFL001 LLC % AR CAPITAL LLC 405 PARK AVE 15TH FL NEW YORK, NY 10022---0000 ARREAGA, CARLOS A & VERONICA R 3180 SAFE HARBOR DR NAPLES, FL 34117---8407 BAYER, WILLIAM D 3780 31ST AVE SW NAPLES, FL 34117---8458 BENDER, CAROL 3760 31ST AVE SW NAPLES, FL 34117---8458 CARMICHAEL, ULRIKE 3270 31ST AVE SW NAPLES, FL 34117---8448 CG II LLC 121 S MAIN ST STE 500 AKRON, OH 44308---1426 CITY GATE SELF STORAGE LLC PTA-CS#6104 PO BOX 320099 ALEXANDRIA, VA 22320---0000 CITYGATE DEVELOP DISTRICT % ROGER RICE, ESQUIRE 9010 STRADA STELL CT STE 207 NAPLES, FL 34109---4427 CITYGATE DEVELOPMENT LLC 121 S MAIN ST STE 500 AKRON, OH 44308---1426 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0000 COLLIER CNTY BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRL E NAPLES, FL 34112---4961 GIOFRIDA, PHILIP J & MADELINE 3840 31ST AVE SW NAPLES, FL 34117---8460 GLENDA S BEARDSLEY TRUST 2360 19TH ST SW NAPLES, FL 34117---0000 GOLD COAST PREMIER PROP IV LLC 16155 SW 117 AVE #B2 MIAMI, FL 33177---0000 GUEVARA, JAVIEW & MILEYDI 1974 45TH ST SW NAPLES, FL 34116---5824 HIGGS, WILLIAM T 2666 AIRPORT RD S NAPLES, FL 34112---4885 HISCOX, SAMUEL M & LILLIANA 3290 31ST AVE SW NAPLES, FL 34117---8448 HOULE, ARMOND J 4006 SE 11TH AVE CAPE CORAL, FL 33904---5134 I-75 ASSOCIATES LLC 570 DELAWARE AVE BUFFALO, NY 14202---1206 KEISEL, GLENN L & MAURINE 3016 S RIDGE RD W ASHTABULA, OH 44004---9061 KINGSTOWN FAMILY TRUST I LLC 321 1ST AVE N MINNEAPOLIS, MN 55401---1609 LAPPIN, HUBERT & ROSE F 3170 31ST AVE SW NAPLES, FL 34117---0000 LEVINS, BARRY KENT 1850 S RIDGE DR LONG LAKE, MN 55356---8903 LUCKY INVESTMENTS INC 693 GORDONIA RD NAPLES, FL 34108---0000 MAGNOLIA POND ROAD DEV CO LLC C/O SOBEL CO 2385 NW EXECUTIVE CENTER DR STE 370 BOCA RATON, FL 33431---0000 MARTIN, ROLAND & JUDY PACHNER 3530 31ST AVE SW NAPLES, FL 34117---8454 MCFATTER, GERI M MCFATTER, GLEB MILTONNOVICH 3150 SAFE HARBOR DR NAPLES, FL 34117---8407 MCFATTER, GLEB 3150 SAFE HARBOR DR NAPLES, FL 34117---8407 METZGER TR, DAVID P & RITA M D P & R M METZGER REV L TRUST UTD 08/12/02 3810 31ST AVE SW NAPLES, FL 34117---8460 MURILLO, MARGARITA 611 25TH ST SW NAPLES, FL 34117---0000 NICHOLS TR, DEBORAH C NICHOLS REALTY INC PROFIT SHARING PLAN TRUST 1475 OSPREY AVE NAPLES, FL 34102---3448 OLSZEWSKI REVOCABLE TRUST 3190 SAFE HARBOR DR NAPLES, FL 34117---8407 PLOVER GROUP PROPERTIES LLC 4480 7TH AVE NW NAPLES, FL 34119---1528 POWER HOLDING CORP 3050 HORSESHOE DR N # 105 NAPLES, FL 34104---7908 RAY, CHRISTINE 3170 SAFE HARBOR DR NAPLES, FL 34117---8407 SAFE HARBOR 1165 CLAM CT NAPLES, FL 34102---0562 SCHULTZ, CHRISTOPHER BETH M LEVY 3500 31ST AVE SW NAPLES, FL 34117---0000 SOUTH FL WATER MGMT DIST PO BOX 24680 3301 GUN CLUB RD WEST PALM BEACH, FL 33406---3007 PL20170002330 500 Foot Buffer Page 2 of 2 10/09/17 SOUTHERN MANAGEMENT CORP 324 SW 16TH ST BELLE GLADE, FL 33430---2824 STEINMANN, JOSEPH E & DANIELLE 3516 31ST AVE SW NAPLES, FL 34117---8454 STEPHEN, CONNIE L 3230 31ST AVE SW NAPLES, FL 34117---8448 T ROSE INVESTMENTS OF FL LLC 3880 E EBONY ST ONTARIO, CA 91761---0000 TALAGA, MARK DANIEL 3720 31ST AVE SW NAPLES, FL 34117---0000 TERRA HOSPITALITY FLORIDA LLC % RYAN LLC 500 E BROWARD BLVD #1130 FORT LAUDERDALE, FL 33394---0000 THALHEIMER, SANFORD C & ERIKKA 3210 31ST AVE SW NAPLES, FL 34117---8448 TIITF /ST OF FL % DEP DOUGLAS BLDG 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 32399---6575 TITAN FLORIDA LLC 1151 AZALEA GARDEN ROAD NORFOLK, VA 23502---5601 URIKA III INC 567 PARKWOOD LN NAPLES, FL 34103---8534 VICTORIA ESTATES LTD ET AL 8441 COOPER CREEK BLVD UNIVERSITY PARK, FL 34201---2006 VOCISANO, ROBERT MARIO VOCISANO 4100 GOLDEN GATE PKWY NAPLES, FL 34116---6522 VU, TRI HUY TRANG MINH THI VU FRANCIS H VU 10339 AMBERWOOD CIR FOUNTAIN VALLEY, CA 92708---5237 WHITE LAKE COMMONS ASSN INC % SENTRY MANAGEMENT INC 2180 WEST SR 434 #5000 LONGWOOD, FL 32779---0000 WHITE LAKES REALTY LLC 12737 FORREST DR EDINBORO, PA 16412---1281 WHITE, JUDSON G 3330 31ST AVE SW NAPLES, FL 34117---8450 3819 3815 WHITE LAKE BLVD ASSOC LLC 121 S MAIN ST # 500 AKRON, OH 44308---0000 3823 WHITE LAKE BLVD LLC 8014 FLAGLER COURT WEST PALM BEACH, FL 33405---0000 850 NWN LLC 9010 STRADA STELL CT STE 207 NAPLES, FL 34109---4427 ARC SANPLFL001 LLC % AR CAPITAL LLC 405 PARK AVE 15TH FL NEW YORK, NY 10022---0000 ARREAGA, CARLOS A & VERONICA R 3180 SAFE HARBOR DR NAPLES, FL 34117---8407 BAYER, WILLIAM D 3780 31ST AVE SW NAPLES, FL 34117---8458 BENDER, CAROL 3760 31ST AVE SW NAPLES, FL 34117---8458 CARMICHAEL, ULRIKE 3270 31ST AVE SW NAPLES, FL 34117---8448 CG II LLC 121 S MAIN ST STE 500 AKRON, OH 44308---1426 CITY GATE SELF STORAGE LLC PTA-CS#6104 PO BOX 320099 ALEXANDRIA, VA 22320---0000 CITYGATE DEVELOP DISTRICT % ROGER RICE, ESQUIRE 9010 STRADA STELL CT STE 207 NAPLES, FL 34109---4427 CITYGATE DEVELOPMENT LLC 121 S MAIN ST STE 500 AKRON, OH 44308---1426 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0000 COLLIER CNTY BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRL E NAPLES, FL 34112---4961 GIOFRIDA, PHILIP J & MADELINE 3840 31ST AVE SW NAPLES, FL 34117---8460 GLENDA S BEARDSLEY TRUST 2360 19TH ST SW NAPLES, FL 34117---0000 GOLD COAST PREMIER PROP IV LLC 16155 SW 117 AVE #B2 MIAMI, FL 33177---0000 GUEVARA, JAVIEW & MILEYDI 1974 45TH ST SW NAPLES, FL 34116---5824 HIGGS, WILLIAM T 2666 AIRPORT RD S NAPLES, FL 34112---4885 HISCOX, SAMUEL M & LILLIANA 3290 31ST AVE SW NAPLES, FL 34117---8448 HOULE, ARMOND J 4006 SE 11TH AVE CAPE CORAL, FL 33904---5134 I-75 ASSOCIATES LLC 570 DELAWARE AVE BUFFALO, NY 14202---1206 KEISEL, GLENN L & MAURINE 3016 S RIDGE RD W ASHTABULA, OH 44004---9061 KINGSTOWN FAMILY TRUST I LLC 321 1ST AVE N MINNEAPOLIS, MN 55401---1609 LAPPIN, HUBERT & ROSE F 3170 31ST AVE SW NAPLES, FL 34117---0000 LEVINS, BARRY KENT 1850 S RIDGE DR LONG LAKE, MN 55356---8903 LUCKY INVESTMENTS INC 693 GORDONIA RD NAPLES, FL 34108---0000 MAGNOLIA POND ROAD DEV CO LLC C/O SOBEL CO 2385 NW EXECUTIVE CENTER DR STE 370 BOCA RATON, FL 33431---0000 MARTIN, ROLAND & JUDY PACHNER 3530 31ST AVE SW NAPLES, FL 34117---8454 MCFATTER, GERI M MCFATTER, GLEB MILTONNOVICH 3150 SAFE HARBOR DR NAPLES, FL 34117---8407 MCFATTER, GLEB 3150 SAFE HARBOR DR NAPLES, FL 34117---8407 METZGER TR, DAVID P & RITA M D P & R M METZGER REV L TRUST UTD 08/12/02 3810 31ST AVE SW NAPLES, FL 34117---8460 MURILLO, MARGARITA 611 25TH ST SW NAPLES, FL 34117---0000 NICHOLS TR, DEBORAH C NICHOLS REALTY INC PROFIT SHARING PLAN TRUST 1475 OSPREY AVE NAPLES, FL 34102---3448 OLSZEWSKI REVOCABLE TRUST 3190 SAFE HARBOR DR NAPLES, FL 34117---8407 PLOVER GROUP PROPERTIES LLC 4480 7TH AVE NW NAPLES, FL 34119---1528 POWER HOLDING CORP 3050 HORSESHOE DR N # 105 NAPLES, FL 34104---7908 RAY, CHRISTINE 3170 SAFE HARBOR DR NAPLES, FL 34117---8407 SAFE HARBOR 1165 CLAM CT NAPLES, FL 34102---0562 SCHULTZ, CHRISTOPHER BETH M LEVY 3500 31ST AVE SW NAPLES, FL 34117---0000 SOUTH FL WATER MGMT DIST PO BOX 24680 3301 GUN CLUB RD WEST PALM BEACH, FL 33406---3007 SOUTHERN MANAGEMENT CORP 324 SW 16TH ST BELLE GLADE, FL 33430---2824 STEINMANN, JOSEPH E & DANIELLE 3516 31ST AVE SW NAPLES, FL 34117---8454 STEPHEN, CONNIE L 3230 31ST AVE SW NAPLES, FL 34117---8448 T ROSE INVESTMENTS OF FL LLC 3880 E EBONY ST ONTARIO, CA 91761---0000 TALAGA, MARK DANIEL 3720 31ST AVE SW NAPLES, FL 34117---0000 TERRA HOSPITALITY FLORIDA LLC % RYAN LLC 500 E BROWARD BLVD #1130 FORT LAUDERDALE, FL 33394---0000 THALHEIMER, SANFORD C & ERIKKA 3210 31ST AVE SW NAPLES, FL 34117---8448 TIITF /ST OF FL % DEP DOUGLAS BLDG 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 32399---6575 TITAN FLORIDA LLC 1151 AZALEA GARDEN ROAD NORFOLK, VA 23502---5601 URIKA III INC 567 PARKWOOD LN NAPLES, FL 34103---8534 VICTORIA ESTATES LTD ET AL 8441 COOPER CREEK BLVD UNIVERSITY PARK, FL 34201---2006 VOCISANO, ROBERT MARIO VOCISANO 4100 GOLDEN GATE PKWY NAPLES, FL 34116---6522 VU, TRI HUY TRANG MINH THI VU FRANCIS H VU 10339 AMBERWOOD CIR FOUNTAIN VALLEY, CA 92708---5237 WHITE LAKE COMMONS ASSN INC % SENTRY MANAGEMENT INC 2180 WEST SR 434 #5000 LONGWOOD, FL 32779---0000 WHITE LAKES REALTY LLC 12737 FORREST DR EDINBORO, PA 16412---1281 WHITE, JUDSON G 3330 31ST AVE SW NAPLES, FL 34117---8450 The Golden Gate Estates Area Civic Association, Inc. P.O. Box 990596 Naples, FL 34116-6002 RAI LETTERS Civil Engineering • Planning • Permitting 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 www.davidsonengineering.com 1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180 August 30, 2017 Collier County Growth Management Attn: Client Services 2800 N Horseshoe Drive Naples, FL 34104 Re: City Gate Commerce Park - Ordinance 88-93 DOA – PL2017 1st Review The City Gate Commerce Park is an existing Development Order, originally approved under Development Order No. 88-02/ Resolution No. 88-309. The existing site consists of ±289.5 acres, located at the northeast quadrant of Interstate-75 and Collier Boulevard (C.R. 951). The City Gate Commerce Park allows for a mix of office, industrial and commercial uses. Portions of the development have been sold to allow for the construction of hotels, a self-storage warehouse facility, a South Florida Water Management District facility, a car wash and a gas station. The following amendments to the original Development Order have been approved, as outlined below: • Development Order 90-04/ Resolution No. 90-431 – Amendment to resolve issues raised with the DCA Appeal • Development Order 95-02/ Resolution No. 95-143 – Amendment to phasing schedule, construction commencement date and termination date for project • Development Order 00-02/ Resolution No. 00-151 – Amendment to phasing schedule, construction commencement date and termination date for project • Development Order 10-01/ Resolution No. 10-223 – Amendment to regulations pertaining to Red Cockaded Woodpeckers This Development Order Amendment consists of the following requests: • Request a 5-year extension on the build-out date, • Update the Master Concept Plan, • Remove Section 4.b from the existing DRI relating to wetlands, • Formal name change request from the CityGate Commerce Park to the City Gate Commerce Center, • Provide additional external access points along the eastern property line of the City Gate Commerce Park PUD/DRI. One of the three additional access points being requested (located in the northeast corner) will allow for the connection of the proposed City Gate Boulevard North Extension, to the proposed interconnect to Collier County’s Resource Recovery Business Park, and eventually will connect to the proposed Wilson Boulevard-Benfield Road Extension. The remaining two (2) access points being requested will provide pedestrian and vehicular connections, within the proposed Collier County Sports Complex Lot. We have included the following items for review and approval: 1. Cover Letter 2. DOA Application 3. Pre-Application Meeting Notes 4. Affidavits of Authorization 5. Completed Addressing Checklist 6. Warranty Deeds 7. Environmental Information/Data, and applicable attachments (1-11) 8. Existing Master Plan 9. Updated Master Plan 10. Location Map 11. Aerial and FLUCCS 12. Copies of DO Resolutions 13. Settlement Agreement 14. Determination of Vested Rights 15. Developer’s Agreement 16. Copy of the Notice of Proposed Change Submittal to the RCP 17. Survey Waiver 18. TIS Waiver 19. Disclosure of Interest, as Attachment A 20. Legal Description, as Attachment B 21. List of Folio Numbers, as Attachment C 22. Project Narrative, as Attachment D Should you have any questions or require any additional information, please feel free to contact me at 239.434.6060 or by email at fred@davidsonengineering.com. Sincerely, Frederick E. Hood, AICP Senior Planner Civil Engineering • Planning • Permitting 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 www.davidsonengineering.com 1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180 October 19, 2017 Growth Management Development – Zoning Division Attn: Client Services 2800 N Horseshoe Drive Naples, FL 34104 Re: Citygate Commerce Park DOA - PL20170002634 2nd Review To Whom It May Concern, We have included the following items for review and approval: 1. Response Letter 2. DO Document (Strike-Thru/Underline) 3. Traffic Impact Statement 4. Updated Conceptual Master Plan 5. Existing Conceptual Master Plan 6. Boundary Survey 7. Updated Legal Description, as Attachment “B” 8. Updated Project Narrative, as Attachment “D” 9. Updated DOA Application 10. Letter of Consent from the Master Property Association 11. Affidavit from Citygate Development, LLC 12. Affidavit from CG II, LLC 13. Updated Environmental Data We offer the following responses to comments received October 4, 2017: Environmental Review, Summer Araque 1. Environmental staff will review the Development Order Document as requested by the County Attorney in strike-thru and underline format when provided. No further comments at this time. Response: A strike-thru and underline version of the Development Order has been included for your review. Transportation Planning Review, Michael Sawyer 1. Additional Items that need to be addressed for Transportation Review: Rev.1: Please provide TIS. Please note that further review/comments/confirmation of information provided with this petition and submittal are not possible until the TIS is provided. Response: A Traffic Impact Statement, prepared by Trebilcock Consulting Solutions, has been included for your review and consideration. Zoning Review, Nancy Gundlach 1. Please submit a Boundary Survey. Response: The Boundary Survey has been included for your review. Please note that the updated boundary survey reflects the accurate acreage of the PUD/DO at 291.55 acres. Below is the justification on the updated acreage: Per the current boundary survey, the location of the southeast property corner monument (East ¼ corner of Section 35) was relocated to the correct East section line location. The shift and subsequent 2.05 acres was added to the property limits. The updated acreage is referenced within “Exhibit D – Citygate Survey Clarification Exhibit”. Within this Exhibit, three (3) parcels (A, B, and C) have been identified (inclusive / less and except than) from the overall description / acreage. Parcel A is the 100 feet of CR 951 (ROW taking). Parcel B is Collier County’s SCRWTP. Parcel C is DOT limited access area. Parcel D (also known as Parcel A in the recorded deed) was granted back to City Gate per a statutory deed OR 510 PG 3609. Parcel D (0.39 acres) is also included in the total overall acreage. Finally, 2.226 acres were returned to City Gate from Collier County via a corrective statutory deed (OR 5210 PG 3609). This was previously known as “landfill road”. The acreage of the property and PUD boundary, as identified in the surveyed legal description is now 291.55 acres. Additionally, the legal description, as Attachment “B”, has been updated to match the boundary survey. 2. Please submit a TIS. Response: A Traffic Impact Statement, prepared by Trebilcock Consulting Solutions, has been included for your review and consideration. County Attorney Review, Heidi Ashton-Cicko 1. Please provide requested text change to the Development order in strike-thru and underline format. Response: A strike-thru and underline version of the Development Order has been included for your review. 2. Please provide the affidavit of representation for Citygate Development LLC and GGII, LLC. Response: Affidavits for Citygate Development, LLC and CG II, LLC have been included for your review. 3. Applicant does not have ownership of the entire PUD/DRI. Please provide consent from the other owners. Response: A letter of consent from the City Gate Commerce Park Master Property Owner’s Association has been included for your consideration. Sincerely, Frederick Hood, AICP Senior Planner Civil Engineering • Planning • Permitting 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 www.davidsonengineering.com 1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180 December 15, 2017 Growth Management Development – Zoning Division Attn: Client Services 2800 N Horseshoe Drive Naples, FL 34104 Re: Citygate Commerce Park DOA - PL20170002634 3rd Review To Whom It May Concern, We have included the following items for review and approval: 1. Response Letter 2. SFWMD ERP Permit (for Summer Araque) 3. DO (strike-thru/underlined version) 4. Updated Traffic Impact Statement 5. Updated Legal Description 6. Updated DOA Application 7. Updated Project Narrative 8. Updated Survey 9. Updated Environmental Information 10. Updated Master Development Plan We offer the following responses to comments received November 20, 2017: Environmental Review, Summer Araque 1. Please provide the approval letter from the state advising the revisions to the environmental section are acceptable. Response: Please see page 23 of 103 of the attached SFWMD ERP permit, allowing for the direct impacts of the wetlands. Per conversation on December 6, 2017, providing this information satisfies the above comment. Transportation Planning Review, Michael Sawyer 1. General review comment. The uses currently proposed do not appear to be consistent with uses in the TIS. As an example, the retail sales and merchandise Storage-Display-retail uses are not defined in the PUD and not part of the TIS. The County is requesting retail use and it should be adequate for future needs therefore it must be clearly defined in the PUD and reflected in the TIS. As outlined in the comments below a matrix of existing and all proposed uses would clarify what is proposed and also confirm the equivalent trip generation that is believed to be proposed with this amendment. Based on the information provided (PUD and TIS) staff cannot confirm that equivalent trip generation actually exists. The matrix should include minimum-maximum limits for each use existing and proposed. Response: The applicant is unaware the County was asking for retail. The contract with the County clearly limits their intended use to recreational. City Gate declines to do a matrix for all existing approved uses as it is unnecessary and would be confusing. City Gate’s traffic consultant has made revisions to the TIS, which should easily be confirmed. The City Gate PUD does not have minimum or maximum limits for the various permitted uses. See PUD. 2. Revise the master plans PUD and TIS to be consistent with regard to phases. Reference TIS master plan, remove phase two or provide a separate access outside of this PUD (the same may apply to PUD master plan however inconsistency makes this determination difficult. If the interconnection for phase two remains the only access all of the trips related to phase two uses need to be included with this PUDA and more importantly the TIS. As a suggestion provide a separate dedicated access outside of this PUD limit and show the current access as an interconnection only plus clearly indicating phase two is not part of this PUD. Response: The TIS has been updated with the most recent Master Plan. 3. The proposed Caretaker Residence use is not included with the TIS. This use must be included with the TIS however it will not make a difference in the conclusions-trips. No methodology meeting notes were included. A methodology meeting is necessary in order to address the appropriate land use categories and procedures that should be used in the developing land use conversion rates based on trip generation. Methodology notes should include endorsement by County staff recognizing any waiver of the requirements stated in the Ord. 06-299, TIS Guidelines (such as the waiver of road segment analysis, background growth analysis, intersection/operational analysis, etc. with supporting reasons). The trip generation analysis does not identify the overall intent of the report. For the purpose of this review, the intent of the analysis was assumed to be development of trip generation estimates for comparison of approved/vested uses and proposed uses, and from that, establishing conversion rates between them in order to demonstrate that the proposed uses do not cause the development to exceed the estimated total trip generation for the approved/vested development rights. Terminology used to describe approved/vested development rights is inconsistent in the traffic study, occasionally using the term “existing,” in reference to approved/vested land uses. Likewise, the approved development is referred to as both “City Gate Commerce Park,” and “City Gate Business Park.” These two titles may mean the same thing, but should be consistent within the traffic study. The same issue occurs when referencing the “sports park complex” and “soccer complex” as the latter term may not encompass all land uses represented in a multi-sports complex. Please revise the terminology used in the report to ensure it is consistent throughout. Response: Per the meeting held on July 25, 2017, County staff instructed the applicant and their agents to provide a conversion ratio to identify the square footage reduction that the Sports Complex would incur on the City Gate PUD. The TIS has also been revised to clearly indicate the overall intent of the report. 4. Approved/Vested Land Uses: The analysis attempts to establish conversion rate(s) using only two (of eleven total) approved land uses in the current PUD. The approved land uses included in this trip generation analysis are: • General Office - LUC 710 • Industrial Park – LUC 130 The trip generation estimates for these two land use categories appear to be based on square footages listed in the 1988 PUD, using ITE Trip Generation, 9th Edition. An average trip-rate-per-1,000 sq. ft. was then retroactively calculated for both of the land uses based on dividing the total estimated trips by the maximum allowable square footage. This methodology may be considered appropriate when converting from only a single land use to another single land use. However, the conversion from “Industrial Park,” which includes 1,920,000 sq. ft. (out of 2,926,000 sq. ft. total in the Citygate development) was based on an aggregation of separate, approved/vested land uses that were consolidated under a single land use category. It is unclear why this aggregation was done, since aggregation of multiple land uses in this manner implies that these land uses were assumed to have the same peak hour trip generation rate. Also, it seems unreasonable to aggregate only some of the approved/vested uses, while disaggregating the General Office use, and dismissing all other approved/vested uses in the PUD. The disaggregated uses should include all uses listed in table 12.b of the original PUD. It is recommended that the study preparer include all land uses, disaggregated into the appropriate ITE land use categories, when estimating total approved trip generation for this PUD. Response: The conversion has been changed to Industrial (LUC 110) which the original TIS provided for 1,520,000 square feet to remedy staff’s concerns. Now only general office (LUC 710) and Industrial (LUC 110) are used in the conversion of hotel/motel rooms to square footage. The PUD will provide that during the SDP process, one of the two conversion rates will be selected. 5. It is recommended that a conversion matrix be developed based on inclusion of all approved/vested land uses and proposed land uses. Response: Please see response above. 6. LUC 488 – Soccer Complex may be inadequate to represent all of the proposed multi-sport uses. Although this land use code is appropriate to represent soccer fields 1 through 8 and the outdoor (3,000 seat) stadium, the 125,000-sq. ft. “field house” does not fit the description listed for LUC 488. A field house use of this magnitude is neither included in the description of LUC 488, or representative of an outdoor soccer complex. It is recommended that the study preparer consider a different land use code that is more appropriate for the 125,000-square foot facility, or perform a local study of a similar, representative land use to establish a trip generation rate (per ITE guidelines). Response: The TIS has been revised to address staff’s concerns. It should be noted that the Sports Complex is funded by the tourism tax monies, and as such, must be used primarily for sports tourism; i.e. regional and national tournaments that bring visitors to Collier County. It goes without saying that the out of town visitors will travel in large groups using far less vehicles than local residents to parks and recreation or YMCA events. Instead of a local study, per the County Manager’s Office, it was agreed to rely upon the experience and expertise of City Gate’s traffic consultant. 7. The directional distribution (enter/exit percentages) for the proposed uses are not consistent with ITE and should be corrected. The enter/exit characteristics of the proposed land uses are unlikely to occur identically to the land use being replaced. Response: This is beyond what was agreed to in the methodology meeting with review staff on July 25, 2017. But, it is clear that the Sports Complex will generate PM Peak Hour traffic in the opposite direction (entering the PUD) of the PM Peak Hour traffic (existing the PUD) for the remainder of the PUD. 8. The concept plan included in the Trip Generation Analysis shows a group of eight baseball diamonds are planned under “Phase 2,” which is adjacent to the Citygate PUD. These are recognized to be outside of the PUD, but access to these fields is provided exclusively by way of interconnection through the Citygate PUD. Traffic impacts associated with these baseball fields would not be considered approved/vested under the Citygate DCA. Include this traffic in the analysis of the Project traffic impacts, if this PUD is intended to provide the primary access point for the baseball fields. Also, please confirm that the baseball diamonds are not proposed as a “spring training” facility for professional teams, as this sort of facility has a higher trip generation rate than recreational fields. Response: It is acknowledged that Phase 2 of the Sports Complex is outside of City Gate. Traffic impacts for those uses should be addressed through the zoning process for that abutting property. The Board of County Commissioners have repeatedly stated, unequivocally, that the baseball fields will not be a sprint training facility for a professional team. The Sports Complex is for amateur sports and events only. 9. With regard to PUD commitments, there is an inconsistency between the Trip Generation Analysis methodology and sections 2.4.A, and 2.4.B of the amended PUD document. Section 2.4.A in the amended PUD seems to indicate that an aggregated approach to converting square footage is the preferred methodology; however 2.4.B seems to be converting from two specific square footages to a specific proposed land use. It is recommended that the PUD condition(s) be revised to become consistent with the conversion methodology used in the Trip Generation Analysis. Response: Please see the response to comment number 4 above. 10. Both FDOT and RPC have been notified by Collier County of the traffic study submitted for this development, as it is may be DRI. No comments from these agencies have been included in the County’s review of this traffic study. The aforementioned agencies may not recognize “approved/vested” development rights in the same manner as Collier County. Therefore, the scope of review for those agencies may differ from the Collier County-specific review criteria. Response: The Southwest Florida Regional Planning Council, on July 26, 2017, agreed to the existing vested traffic and only asked for the same TIS submitted to the County to be forwarded to them for consistency review. 11. Collier County reserves the ability to add comments in response to any study revisions made as a result of the required methodology meeting; or in regard to study revisions that may be made to address other reviewing agencies. Response: Acknowledged. County Attorney Review, Heidi Ashton-Cicko 1. Applicant does not have ownership of the entire PUD/DRI. Please provide consent from the other owners. Response: The Applicants, joined by the City Gate Master Property Owner’s Association, Inc., have adequate unified control for the proposed amendments. Applicants (Citygate Development, LLC, 850 NWN, LLC and CG II. LLC) owned all of City Gate Commerce Park PUD. Citygate Development, LLC platted and developed City Gate Commerce Center Phase One Plat. 850 NWN, LLC platted and developed City Gate Commerce Center Phase Two Plat. Applicants collectively entered into a Developer Agreement with Collier County dated December 1, 2009 (O.R. Book 4517, Page 640) and an Amendment thereto dated June 23rd, 2015. Applicants, as Declarant, established the City Gate Master Property Owner’s Association (“City Gate Master POA”). All property owners in the City Gate Commerce Park PUD are members of the City Gate Master POA. The City Gate Master POA will join in and consent to the DOA. All property owners in the City Gate PUD have been notified of the PUDA/DOA and there have been no objections. After its 2017 Annual Meeting on December 22, 2017, the City Gate POA will provide written confirmation of the foregoing. 2. The DO is inconsistent with the proposed PUD and the following issues need to be addressed: a. The legal description is changing: This is referenced in Findings of Fact #1 DO 88-2 and the legal is attached to DO 2000-02. Response: The application has been revised to update the legal description referenced in finding of facts #1, Exhibit A. 1. The additions are not material, adding only two small properties Collier County deeded to the applicant: Access Road #1(a/k/a Exchange Parcel “I”), Collier County to Citygate Development, LLC, O.R. Book 3985 Page 3420 (2.226 acres) and Parcel A, Collier County to Citygate Development, LLC, O.R. Book 3965, Page 2872 (0.39 acres). 2. In addition to the two small parcels, the acreage calculation was updated. b. The uses and intensities on the ADA Table 12.B.3 are changing. The ADA is attached as Exhibit B to DO 88- 2. Response: The uses and intensities in A.D.A. Table 12.B.3 are not changing. As specified in the PUD Section 2.4, the amount of building development devoted to the various land uses indicated by A.D.A. Table 12.B.3, which will occupy City Gate, may vary from the estimates incorporated in the A.D.A., but the aggregate amount of building development indicated by A.D.A. Table 12.B.3. [and traffic therefrom] may not be exceeded. The variable is the mix of the various land uses, which was originally contemplated. The proposed development includes 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of industrial, a gas station and 250 hotel/motel rooms, and 80,000 square feet of public, utilitarian, recreational, and educational space. c. The proposal for development in Findings of Fact #4 is changing. DO 88-2. Response: The application does not change the Findings of Fact #4 within DO 88-2; see response 2.b above. Sincerely, Frederick Hood, AICP Senior Planner 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180 Civil Engineering • Planning • Permitting www.davidsonengineering.com January 17, 2018 Growth Management Development – Zoning Division Attn: Client Services 2800 N Horseshoe Drive Naples, FL 34104 Re: Citygate Commerce Park DOA - PL20170002634 4th Review To Whom It May Concern, We have included the following items for review and approval: 1. Response Letter 2. Updated DOA Language (Strike-Thru/Underline) 3. Attachment “B”, Legal Description 4. Attachment “D”, Project Narrative 5. Survey, containing the updated Legal Description 6. Email from Marcus Berman, approving the updated Legal Description 7. TIS (approved with PUDA review) 8. Updated Master Development Plan (consistent with the PUDA resubmittal) In response to comments received January 8, 2017, we offer the following responses: Zoning Review, Nancy Gundlach 1. Termination Date: Is it October 26, 2030 per Roger Rice's 12/29/17 email or is it October 27, 2030 per submitted documents? Please reconcile. Response: The request is for October 26, 2030. This inconsistency has been corrected. 2. Attachment "D" Project Narrative: Please revise site acreage from 291.55 to 291.60 acres. Response: Attachment “D”, Project Narrative, has been updated. Please see the attached. County Attorney Review, Heidi Ashton-Cicko 1. How does the termination date change from October 27, 2014, existing in the DOA, to October 27, 2030? Please provide an explanation of the various extensions received from October 27, 2014 to date with a reference to the documents that granted the extensions. Response: The County’s January 3, 2012 letter acknowledges that the DRI Termination Date was extended to October 27, 2025. A summary of the expiration dates is as follows: Original Date – DO 88-2 DO 90-4 12/31/2007 DO 95-2 12/28/2012 DO 2000-2 10/27/2014 2007 Extension – 3 years [ 380.06(19)(c), F.S.] 10/27/2017 2009 Extension – 2 years [Senate Bill 360] 10/27/2019 2010 Extension – 2 years [2010-147] 10/27/2021 2011 Extension – 4 years [2011-139] 10/27/2025 Proposed 4 years 364 days 10/26/2030 See the March 10, 2011 and January 3, 2012 letters, from Collier County Growth Management Division authored by Kay Deselem and Ray Bellows, which letters acknowledge prior statutory extensions, provides that the DRI “qualifies” for new dates and provides those new dates. 2. The County surveyor has indicated that there is an issue with the revised legal description submitted with this review. This needs to be resolved. Response: This has been corrected and confirmed with the County Surveyor. Please see the attached email from Marcus Berman, updated Survey (containing the updated legal description) and Attached “B”, Legal Description. 3. Please provide the document which shows the location of development phases 1 through 5 when DO 88-2 was adopted. [previously requested with PUDA] Response: The DRI was broken into five (5) phases, which are measured in terms of percentages of the development and are not “tied” to a specific geographical area. See Table 12.B.3. Phase % of Development Cumulative % Development Phase I 9% 9% Phase II 19% 28% Phase III 26% 54% Phase IV 24% 78% Phase V 22% 100% The DRI D.O. only mentions Phases in regards with D.O. transportation conditions. The Phases acted as milestones for transportation conditions. Since City Gate Commerce Park PUD has essentially satisfied, through build-out, its PUD / DRI Transportation Conditions, the reason for phases and phase dates has been eliminated. Collier County has acknowledged that the City Gate Commerce Park PUD has satisfied its PUD / DRI Transportation Conditions or will satisfy by the Developer’s compliance with its obligations under the Developer’s Agreement as amended. See Developer Agreement at O.R. Book 4517, pages 640-704, and Developer Agreement Amendment at OR Book 5168, pages 3989-3997. Within this calendar year, City Gate will materially complete its obligations under the Developer’s Agreement, as amended. 4. For planner or applicant: Please provide a copy of the approval and report issued by the SFWMD RPC for the requested changes to the DOA. Response: A copy of the RPC’s approval/report will be submitted upon receipt. Should you have any questions, please feel free to contact me at 239.434.6060 or by email at josh@davidsonengineering.com. Sincerely, Josh Fruth Vice President ERP PERMIT SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE PERMIT MODIFICATION NO. 11-01863-P DATE ISSLlED: OCTOBER 12. 2009 PORM '015"1 II.v. 0"/ /09 PERMITTEE: 850 N W N L L C CGIILLC (CITY GATE COMMERCE CENTER PHASES 2 & 3) (CITY GATE COMMERCE CENTER PHASES 2 & 3) 159 S MAIN ST STE 500, 159 S MAIN ST STE 500, AKRON, OH 44308 AKRON, OH 44308 ORIGINAL PERMIT ISSUED: SEPTEMBER 18, 2000 ORIGINAL PROJECT DESCRIPTION:A SURFACE WATER MANAGEMENT SYSTEM SERVING 11.55 ACRES OF COMMERCIAL DEVELOPMENT KNOWN AS CITYGATE NORTH COMMERCIAL. APPROVED MODIFICATION: CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING 131.61 ACRES OF COMMERCIAL DEVELOPMENT AND CONCEPTUAL AUTHORIZATION FOR THE REMAINING 197.59 ACRE COMMERCIAL PRO,IECT KNOWN AS CITY GATE COMMERCE CENTER PHASES 2 AND 3 WITH DISCHARGE INTO THE EXISTING GOLDEN GATE MAIN CANAL. PROJECT LOCATION: COLLIER COUNTY, SECTION 35 TWP 49S RGE 26E PERMIT DURATION: See Special Condition No:1. See attached Rule 40E-4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Permit Application No. 050303-17, dated September 1, 2005. This action is taken pursuant to the provisions of Chapter 373, Part IV, Florida Statutes (F.S.), and the Operation Agreement Concerning RegUlation Under Part IV, Chapter 373 F.S., between South Florida Water Management District and the Department of Environmental Protection. Based on the information provided, District rules have been adhered to and an Environmental Resource Permit Modification is in effect for this project subject to: 1. Not receiving a filed request for an administrative hearing pursuant to Section 120.5 and Section 120.569, or request a jUdicial review pursuant Section 120.68, Florida Statutes. 2. The attached 19 General Conditions. 3. The attached 34 Special Conditions. 4. The attached 6 Exhibits. Should you Object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Should you wish to object to the proposed agency action or file a petition, please provide written objections, petitions and/or waivers to: Elizabeth Veguilla, Deputy Clerk, MSC4240 South Florida Water Management District Post Office Box 24680 West Palm Beach, FL 33416-4680 Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights", we will assume that you concur with the District's action. CERTIFICATION OF SERVICE I HEREBY CERTIFY that the Staff Report, Conditions and Notice of Rights have been mailed to the Permittee (and the persons listed on the attached staff report distribution list) no later than 5:00 p.m. on this 13th day of October, 2009, in accordance with Section 120.60(3), Florida Statutes, and a copy has been filed and acknowledged with the Deputy District Clerk. ORIGINAL SIGNED BY By ELIZABETH VEGUILLA DEPUTY CLERK SOUTH FLORIDA WATER MANAGEMENT DISTRICT Attachments CERTIFIED MAIL# 70032260000719144828 PAGE 1 OF 10 ; !: PERMIT NO: 11-01863-P PAGE 2 OF 10 SPECIAL CONDITIONS 1. The conceptual phase of this permit shall expire on October 12, 2011. The construction phase of this permit shall expire on October 12, 2014. 2. Operation of the surface water management system shall be the responsibility of CITY GATE COMMERCE PARK MASTER PROPERTY OWNERS ASSOCIATION, INC. The maintenance and monitoring of the 86.33 acres of offsite wetland mitigation shall be the responsibility of the 850 NWN, LLC and CG II, LLC until these parcels can be donated. 3. Discharge Facilities: Basin: A, Structure: A1 1-24" W X 8" H RECTANGULAR ORIFICE weir with crest at elev. 11.23' NGVD 29. 32 LF of 24' dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: A, Structure: A2 1-24" W X 8" H RECTANGULAR ORIFICE weir with crest at elev. 11.23' NGVD 29. 32 LF of 24" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: A, Structure: A3 1-24" W X 8" H RECTANGULAR ORIFICE weir with crest at elev. 11.23' NGVD 29. 106 LF of36" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: B, Structure: B1 1-37" W X 12" H RECTANGULAR ORIFICE weir with crest at elev. 12.52' NGVD 29. 284 LF of 36' dia. REINFORCED CONCRETE PIPE culvert. 3-3' W X 4.5' L drop inletS with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Ba~n:B,Structure:B2 1-37" W X 12" H RECTANGULAR ORIFICE weir with crest at elev. 12.52' NGVD 29. 48 LF of 36' dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: B, Structure: B3 PERMIT NO: 11-01863-P PAGE 3 OF 10 1-37" W X 12' H RECTANGULAR ORIFICE weir with crest at elev. 12.52' NGVD 29. 40 LF of 36" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: C, Structure: C1 1-36" W X 6" H RECTANGULAR ORIFICE weir with crest at elev. 11.2' NGVD 29. 36 LF of 24' dia. REINFORCED CONCRETE PIPE culvert. 3-3' W X 4.5' L drop inletS with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: C, Structure: C2 1-36" W X 6" H RECTANGULAR ORIFICE weir with crest at elev. 11.2' NGVD 29. 36 LF of 24" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: C, Structure: C3 1-36" W X 24" H RECTANGULAR ORI FICE weir with crest at elev. 11.2' NGVD 29. 36 LF of 24" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: 0, Structure: 01 1-16' W X 8' H RECTANGULAR ORIFICE weir with crest at elev. 10.76' NGVD 29. 36 LF of 24' dia. REINFORCED CONCRETE PIPE culvert. 2-3' W X 4.5" L drop inletS with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: 0, Structure: 02 1-16" W X 8" H RECTANGULAR ORIFICE weir with crest at elev. 10.76' NGVD 29. 72 LF of 24" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: F 1-44.5" W X 6" H RECTANGULAR ORIFICE weir with crest at elev. 10.39' NGVD 29. 416 LF of 42" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.5' NGVD 29. Receiving body: Golden Gate Main Canal PERMIT NO: 11-01863-P PAGE 4 OF 10 Control elev : 8.5 feet NGVD 29. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. The permittee acknowledges, that pursuant to Rule 40E-4.1 01 (2), FAC., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property. 13. Minimum building floor elevation: BASIN: A -13.50 feet NGVD 29. BASIN: B -13.50 feet NGVD 29. BASIN: C -13.50 feet NGVD 29. BASIN: D -13.50 feet NGVD 29. BASIN: F -13.50 feet NGVD 29. 14. Minimum road crown elevation: Basin: A -12.60 feet NGVD 29. Basin: B -12.60 feet NGVD 29. Basin: C -12.60 feet NGVD 29. Basin: D -12.60 feet NGVD 29. Basin: F -12.60 feet NGVD 29. 15. Minimum parking lot elevation: Basin: A -12.50 feet NGVD 29. Basin: B -12.50 feet NGVD 29. Basin: C -12.50 feet NGVD 29. Basin: D -12.50 feet NGVD 29. PERMIT NO: 11-01863-P PAGE 5 OF 10 Basin: F -12.50 feet NGVD 29. 16. Prior to the commencement of construction, the permittee shall conduct a pre-construction meeting with field representatives, contractors and District staff. The purpose of the meeting will be to discuss construction methods and sequencing, including type and location of turbidity and erosion controls to be implemented during construction, mobilization and staging of contractor equipment, methods of vegetation clearing, wetland/buffer protection methods, endangered species protection with the permittee and contractors. The permittee shall contact District Environmental Resource Compliance staff from the Lower West Coast Service Center at 239-338-2929 to schedule the pre construction meeting. 17. Prior to the commencement of construction, the perimeter of the remaining 2.01 acres of onsite wetlands shall be staked and silt fenced to prevent encroachment into the wetlands. Using Global Positioning System (GPS) technology, the perimeter of the preserve area(s) shall be identified for future reference. The data shall be differentially corrected and accurate to less than a meter (+/-one meter or better). Electronic copies of the GPS data shall be provided to the District's Environmental Resource Compliance staff. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of staking/silt fencing and schedule an inspection of this work. The staking and silt fencing shall be subject to District staff approval. The permittee shall modify the staking and silt fencing if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Staking and silt fencing shall remain in place until all adjacent construction activities are complete. 18. Endangered species, threatened species and/or species of special concern have been observed on site and/or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species. The applicant is required to fullfill all of the terms and conditions indicated in the USFWS HCPIITP issued July 2009. A copy of the HCP and associated ITP (issued July 2009) are within the permit file. The District must be informed of any changes to the HCP/ITP. A survey for gopher tortoise and other wildlife must be completed prior to construction activities, including land clearing and grading. 19. The permittee shall comply with the provisions of the fox squirrel habitat management plan approved for the project site in accordance with Exhibit No. 6.7. Prior to initiating construction activities, the site shall be surveyed for the presence of active Big Cypress fox squirrel nests. A 125 foot radius undisturbed buffer must be maintained around all active nests. Following nesting activities, the nesting tree may be removed following coordination with the Florida Fish and Wildlife Conservation Commission and obtaining all required permits. Any modifications to this program shall require prior written approval from District staff. 20. The permittee shall complete construction of a wildlife crossing in accordance to the conditions stated in the USFWS HCP/ITP. 21. A mitigation program for City Gate Phase 2 and 3 shall be implemented in accordance with Exhibit No. 6.3-6.5. The permittee shall enhance and preserve a total of 86.33 acres consisting of 70.83 acres of wetlands and 15.50 acres of upland offisite compensation areas (as depicted on Exhibit 6.2). 22. A monitoring program shall be implemented in accordance with Exhibit No. 6.3-6.5. The monitoring program shall extend for a period of 5 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The 80% survival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland, transitional, and upland species do not achieve an 80% coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. 23. A maintenance program shall be implemented in accordance with Exhibit No. 6.3-6.5 for the enhanced wetland/upland areas on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be PERMIT NO: 11-01863-P PAGE 6 OF 10 conducted in perpetuity to ensure that the conservation areas are maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Maintenance in perpetuity shall also insure that conservation areas, including buffers, maintain the species and coverage of native, desirable vegetation specified in the permit. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic/nuisance plant species do not dominate anyone section of those areas . .r 24. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule attached as Exhibit No. 6.5. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish and/or completion dates; and (3) progress report on the status of the project development or mitigation effort. 25. Prior to commencement of construction and in accordance with the work schedule in Exhibit 6.5 the permittee shall submit an electronic or hard copy version of the certified copy of the recorded conservation easement for the mitigation area(s) and associated buffer(s). The electronic version of the recorded conservation easement, and associated GIS information described below, shall be submitted via the District's ePermitting/eCompliance website. The GIS data shall be supplied in a digital ESRI Geodatabase (mdb), ESRI Shapefile (shp) or AutoCAD Drawing Interchange (dxf) file format using Florida State Plane coordinate system, East Zone (3601), Datum NAD83, HARN with the map units in feet. A map depicting the Conservation Easement over the best available satellite or aerial imagery shall also be provided. If the information is provided via hard copy the GIS data shall reside on CD disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall utilize the form attached as Exhibit 6.10. Any proposed modification to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 26. Prior to the commencement of construction and in conformance with the work schedule in Exhibit 6.5, the permittee shall provide an original letter of credit in the amount of $115,381 to ensure the permittee's financial ability and commitment to complete the proposed mitigation, monitoring and maintenance plan as shown on Exhibit No. 6.3-6.4. The financial assurance shall be in substantial conformance with Exhibit No. 6.12. The financial assurance shall be in effect for the entire period of the mitigation and monitoring program. Notification to the District by the financial institution or surety that the financial assurance will not be renewed or is no longer in effect shall constitute non-compliance with the permit. Should the permit be transferred from the construction to operational phase prior to the completion of the mitigation and monitoring program, it will be incumbent upon the original permittee to either keep the existing financial assurance in force or provide replacement financial assurance in the name of the operational entity. The existing financial assurance cannot be released until a replacement document is received and accepted by the District. 27. Prior to any future construction, the permittee shall apply for and receive a permit modification. As part of the permit application, the applicant for that phase shall prOVide documentation verifying that the proposed construction is consistent with the design of the master surface water management system, including the land use and site grading assumptions. 28. A permit modification shall be obtained prior to the development of all commercial lots and shall be limited to a maximum impervious area of 70%. Additional water quality and attenuation shall be provided onsite if the impervious area on each lot exceeds the allowable percentage. 29. The Permittee shall utilize the criteria contained in theStormwater Pollution Prevention Plan (Exhibit 3.0) and on the applicable approved construction drawings for the duration of the projects construction activities. ,., PERMIT NO: 11-01863-P PAGE 7 OF 10 30. The Permittee shall utilize the criteria contained in the Stormwater Management System Maintenance Manual (Exhibit 4.0) for post construction activities. 31. The following exhibits for the permit are incorporated by reference herein and are located in the permit file. In addition, these exhibits can be viewed on the District's ePermitting website under this application number. Exhibit No. 2.0A: Pages 1-22 of 22, Phase 2 drainage plans, details, cross sections, drainage structures Exhibit No. 2.0B: Pages 1-4 of 4, Phase 3 conceptual master plan and details Exhibit No. 3.0: Pages 1-2 of 2 Pollution Prevention Plan ,. Exhibit No. 4.0: Pages 1-15 of 15 Urban Stormwater Management Program Exhibit No. 5.0: Pages 1-89 of 89 Property Owners Association documents (recorded at Lee County clerk) 32. Prior to construction within easements of the Golden Gate Main Canal, the permittee shall obtain the District's right-of way permit, which is currently being reviewed. 33. It is the intenUgoal of the applicant to deed the Conservation Easement to the State of Florida Board of Trustees. At such time as the transfer occurs, the conservation area shall meet the requirements of Section 4.3.6 of the Basis of Review (B.O.R.) and a permit transfer will be required for this area. Ownership information, long term management information, and long term management funding will be required to be provided as part of the permit modification. 34. The backbone drainage system (roads, catch basins, culverts, retention areas, swales, perimeter berm, and control structure) shall be constructed and operational prior to future phases of construction. j'.. PERMIT NO: 11-01863-P PAGE 8 OF 10 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions. attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, F.A.C. unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction" start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Completion/Certification Form Number 0881A, or Environmental Resource/Surface Water Management Permit Construction Completion Certification -For Projects Permitted prior to October 3, 1995 Form No. 0881 B, incorporated by reference in Rule 40E-1.659, F AC. The statement of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved PERMIT NO: 11-01863-P PAGE 9 OF 10 responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E 1.6107, FAC., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and .,''. maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, FAC .. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(3), FAC., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421 (2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, FAC .. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. PERMIT NO: 11-01863-P PAGE 10 OF 10 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. ;'1"1 ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40E-4 (01/07) 40E-4.32I Duration of Penn its. (I) Unless revoked or otherwise modified the duration of an environmental resource permit issued under this chapter or Chapter 40E·40, F.A.C., is as follows: (a) For a conceptual approval, two years from the date of issuance or the date specified as a condition of the penn it, unless within that period an application for an individual or standard general permit is filed for any portion of the project. If an application for an environmental resource penn it is filed, then the conceptual approval remains valid until final action is taken on the environmental resource pennit application. If the application is granted, then the conceptual approval is valid for an additional two years from the date of issuance of the pennit. Conceptual approvals which have no individual or standard general environmental resource pennit applications filed for a period of two years shall expire automatically at the end of the two year period. (b) For a conceptual approval filed concurrently with a development ofregionaJ impact (DRI) application for development approval (ADA) and a local government comprehensive plan amendment, the duration of the conceptual approval shall be two years from whichever one of the following occurs at the latest date: I. The effective date of the local government's comprehensive plan amendment, 2. The effective date of the local government development order, 3. The date on which the District issues the conceptual approval, or 4. The date on which the District issues a final order pertaining to the resolution of any Section 120.57, F.S., administrative proceeding or other legal appeals. (c) For an individual or standard general environmental resource penn it, the construction phase authorizing construction, removal, alteration or abandonment of a sys-tem shall expire five years from the date of issuance or such amount of time as made a condition of the permit. (d) For an individual or standard general environmental resource pennit, the operational phase of the permit is perpetual for operation and maintenance. (e) For a noticed general pennit issued pursuant to Chapter 40E·400, F.A.C., five years from the date the notice of intent to use the pennit is provided to the District. (2)(a) Unless prescribed by special penn it condition, penn its expire automatically according to the timeframes indicated in this rule. Ifapplication for extension is made by electronic mail at the District's e Pennining website or in writing pursuant to subsection (3), the pennit shall remain in full force and effect until: I. The Governing Board takes action on an application for extension of an individual permit, or 2. Staff takes action on an application for extension ofa standard general pennit. (b) Installation of the project outfall structure shall not constitute a vesting of the pennit. (3) The pennit extension shall be issued provided that a pennittee files a written request with the District showing good cause prior to the expiration of the penn it. For the purpose of this rule, good cause shall mean a set of extenuating circumstances outside of the control of the pennittee. Requests for extensions, which shall include documentation of the extenuating circumstances and how they have delayed this project, will not be accepted more than 180 days prior to the expiration date. (4) Substantial modifications to Conceptual Approvals will extend the duration of the Conceptual Approval for two years from the date of issuance of the modification. For the purposes of this section, the tenn "substantial modification" shall mean a modification which is reasonably expected to lead to substantially different water resource or environ-mental impacts which require a detailed review. (5) Substantial modifications to individual or standard general environmental resource penn its issued pursuant to a pennit application extend the duration of the pennit for three years from the date of issuance of the modification. Individual or standard general environmental resource pennit modifications do not extend the duration of a conceptual approval. (6) Permit modifications issued pursuant to paragraph 40E-4.33I (2)(b), FAC.(Iener modifications) do not extend the duration of the permit. (7) Failure to complete construction or alteration of the surface water management system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization in order to continue construction unless a permit extension is granted. Specific Authority 373.044, 373. JJ 3, 668.003, 668.004, 668.50 FS. Law Implemented373.41 3. 373.416. 373.419.373.426,668.003.668.004,668.50 FS. History-New 9-3-BI,Amended 1-31-82, 12-1-82, Formerly 16K-4.07(4), Amended 7-1-86.4-20-94, 10-3-95.5-28-00, 10-1-06. NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING :. A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand-delivery or facsimile. Filings bye-mall will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.rn. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand-delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 682-6010. Pursuant to Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Rev. 07/01/2009 Ti ,. i'· Initiation of an Administrative Hearing Pursuant to Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla. Admin. Code, unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's 'final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk wtthin 30 days of rendering of the final SFWMD action. Rev. 07101/2009 2 FINAL APPROVED BY EXECUTIVE DIRECTOR OCTOBER 12,2009 Last Date For Agency Action: November 18, 2009 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: City Gate Commerce Center Phases 2 And 3 Permit No.: 11-01863-P Application No.: 050303-17 Associated File: 080404-10 WU Concurrent Application Type: Environmental Resource (Conceptual Approval And Construction/Operation Modification) Location: Collier County, S35/T49S/R26E , Permittee: 850 N W N L L C CGIILLC Operating Entity: City Gate Commerce Park Master Property Owners Association, Inc. Project Area: 329.20 acres Project Land Use: Commercial Drainage Basin: WEST COLLIER Sub Basin: Golden Gate Main Canal Receiving Body: Golden Gate Main Canal Class: CLASS III Special Drainage District: NA Total Acres Wetland Onsite: 111.37 Total Acres Wetland Preserved Onsite: 86.33 Total Acres Impacted Onsite : 25.04 Total Acres Presv/Mit Compensation Onsite: 86.33 Conservation Easement To District: Yes Sovereign Submerged Lands: No PROJECT PURPOSE: This application is a request for a Modification of an Environmental Resource Permit authorizing Construction and Operation of a surface water management system serving 131.61 acres of commercial development which includes 86.33 acres of wetland mitigation within the Picayune Strand State Forest and the South Belle Meade area, and Conceptual Authorization for the remaining 197.59 acre commercial project known as City Gate Commerce Center Phases 2 and 3 with discharge into the existing Golden Gate Main Canal. App.no. : 050303-17 Page 1 of 27 '"" : :"i PROJECT EVALUATION: PROJECT SITE DESCRIPTION: The project site covering Phases 2 and 3 is located east of Collier Boulevard, just north of Interstate 75, in Collier County, Florida. The property is bordered to the west by a 170-foot wide Florida Power and Light (FPL) easement and Collier County Potable Water Treatment Plant, the north by the Golden Gate Canal, the south by the White Lake Industrial Park (Permit No. 11-01662-P), and the east by undeveloped lands. A location map is attached as Exhibit 1.0. The project area includes approximately 86.33 acres of ., oftsite mitigation land located in the Picayune Strand State Forest and the South Belle Meade (See Exhibit 6.2). The development site contains 27 acres of upland saw palmetto and slash pine habitat, 9.66 acres of disturbed saw palmetto habitat with no canopy and little midstory, 168.29 acres of pine flatwoods, 1.47 acres of Brazilian pepper monoculture, 0.67 acres of live oak habitat, and 6.40 acres of disturbed lands. Wetland habitat onsite consists of 10.29 acres of hydric pine flatwoods, 2.01 acres of pine-cypress cabbage palm, and 12.74 acres of hydric melaleuca monoculture. A FLUCCS habitat map is attached as Exhibit 6.0. The applicant is proposing to directly impact 23.03 of the 25.04 acres of wetlands and secondarily impact the remaining 2.01 acres. The project area is utilized by listed species, including the Federally endangered red cockaded woodpecker, and is within the western portion of designated primary Florida panther habitat. The site has received an Incidental Take Permit (ITP) from the U.S. Fish and Wildlife Service and has an associated Habitat Conservation Plan for listed species. Please see the Wildlife section of this staff report. The project is located within Golden Gate Canal Watershed with an allowable discharge rate of 0.15 cfs/acre. PROJECT BACKGROUND: City Gate (CG) was originally permitted in 2000 under Permit No. 11-01863-P/Application No. 000414-5, consisting of a 13.7-acre commercial parcel, part of the 287-acre Development of Regional Impact (DRI), located on the northwest of the CG development. On December 8, 2003, Permit No. 11-01863-P/Application No. 030730-11 authorized improvements for City Gate Commerce Center (CGCC) Phase 1 consisting of 44.66 acres of 16-individual commercial lots. Several modifications followed authorizing improvements to six separate commercial lots of phase 1. The current application for phases 2 and 3 incorporates the remaining 242.87 acres included in the 287 acre DRI and the 86.33 acre mitigation land located in the Picuyune Strand State Forest and South Belle Meade areas. PROPOSED PROJECT: The applicant proposes construction and operation for 131.61 acres of the CG development and requests conceptual authorization for 197.59 acres of the CG development. The construction authorization includes 86.33 acres of mitigation land located in the Picayune Strand State Forest and South Belle Meade areas and 45.28 acres of CG Phase 2. The 45.28 acres includes internal roads (Citygate Boulevard North, Brennan Drive, and Citygate Boulevard South) and the surface water management facility to serve the 82.14 acres Phase 2 development. The conceptual authorization includes portions of Phase 2 and all of Phase 3 for the CG development. Phase 2 consists of 82.14 total acres with 36.86 acres receiving conceptual authorization for 20 lots. Phase 3 consists of 115.45 acres with both a surface water management system and 26 additional commercial lots. The overall surface water management system and site plan are attached as Exhibit 2.0. Exhibit 2.0A includes Phase 2 drainage plans, details, cross sections, and drainage structures, while Exhibit 2.0B includes Phase 3 conceptual master plan and App.no. : 050303-17 Page 2 of 27 erp_slafUeport.rdf of 2. During the Phase 2 development, storm water runoff from Basins A-D will be directed to the dry retention areas via grate inlets, curb inlets and conveyance swales prior to overflowing into Basin F through eleven control structures, A 1-A3, B 1-B3, C 1-C3, and D 1-D2. Basin F consists of a dry retention area to provide the remainder of the required water quality treatment and attenuation for the development. The system then will overflow at elevation 10.39 ft. NGVD through the outfall structure into the existing Golden Gate Main Canal. Phase 3 includes 26 additional commercial lots, internal roadways, and a surface water management system. During Phase 3, the Phase 2 perimeter berm will be moved, resulting in larger Basins A through D. Basin E will be incorporated into the development and within Basin F the dry retention system will be modified to a combined dry retention (2.80 acres) I wet detention system (18.11 acres). During this phase 15.64 acres of dry retention will be converted to wet detention. In addition, the final site outfall will remain via Basin F. The surface water management system serving both phases has been designed based on a maximum impervious area of 70%. Additional water quality and attenuation shall be provided onsite if the impervious area on each lot exceeds the allowable percentage. All commercial lots and Phase 3 will remain conceptual at this time and will require a permit modification prior to development. No adverse water quality or discharge impacts are anticipated as a result of the proposed project. LAND USE: The land use referred as "WETLAI\JD MITIGATIOI\J" consists of offsite mitigation land located in the Picayune Strand State Forest and Belle Meade. The surface water management system serving both phases has been designed with an assumption of a maximum impervious area of 70% on each lot. App.no. 050303-17 Page 3 of 27 Conceptual: A Building Coverage Open Space Pavement Dry Retention Areas Area (ac) 9.3 2.95 12.39 1.29 Total: 25.93 B Building Coverage Dry Retention Areas Open Space Pavement 29.92 17.53 8.59 39.89 Total: 95.93 C Building Coverage Pavement 4.73 6.31 Total: 11.04 D Dry Retention Areas Building Coverage Open Space Pavement 3.51 10.29 3.7 13.72 Total: 31.22 E Open Space Dry Retention Areas Building Coverage Pavement 3.83 1.76 5.59 7.45 Total: 18.63 F Pavement Dry Retention Areas Lake Open Space 7.11 -15.64 18.11 5.25 Total: 14.83 Construction: Project: This Phase Total Project Building Coverage Dry Retention Areas Lake 12.86 59.82 35.19 18.11 acres acres acres App.no. : 050303-17 Page 4 of 27 Natural Areas Open Space Pavement Wetland Mitigation Total: Basin: A Building Coverage Dry Retention Areas Open Space Pavement Total: Basin: B Building Coverage Dry Retention Areas Open Space Pavement Total: Basin: C Building Coverage Dry Retention Areas Open Space Pavement Total: Basin: D Building Coverage Dry Retention Areas Open Space Pavement Total: Basin: E App.no. : 050303-17 This Phase Total Project 11.55 acres 11.11 35.45 acres 28.49 94.30 acres 86.33 86.33 acres 150.34 329.20 This Phase Total Basin 9.30 acres 1.45 2.74 acres 3.60 6.55 acres 12.39 acres 5.05 30.98 This Phase Total Basin 29.92 acres 3.41 20.94 acres .38 8.97 acres 39.89 acres 3.79 99.72 This Phase Total Basin 4.73 acres 1.35 1.35 acres 3.38 3.38 acres 6.31 acres 4.73 15.77 This Phase Total Basin 10.29 acres 2.09 5.60 acres .98 4.68 acres 13.72 acres 3.07 34.29 Page 5 of 27 J'j erp_staff_report.rdf Basin: E Total Basin Building Coverage 5.59 acres Dry Retention Areas 1.76 acres Open Space 3.83 acres Pavement 7.45 acres Total: 18.63 Basin: F This Phase Total Basin Dry Retention Areas 18.44 2.80 acres Lake 18.11 acres Open Space 2.77 8.02 acres Pavement 7.43 14.54 acres Total: 28.64 43.47 WATER QUANTITY: Discharge Rate: During Phase 2, the proposed retention ponds will overflow through eleven controls structures, A 1-A3, B1-B3, C1-C3, and D1-D2, to the dry retention pond (Basin F). The system then will overflow at elevation 10.39 ft. NGVD through the outfall structure into the existing Golden Gate Main Canal. The tables below, Special Condition No.3, and Exhibiti 2.0A page 21 of 22 identify the control structures to be constructed as part of this construction and operation authorization which will serve Phase 2 of the development. These structures will be modified to those shown on Exhibit 2.0B page 3 of 4 during Phase 3 to serve the ultimate site build-out conditions. A permit modification (Special Condition No. 27) will be required prior to modifying the control structures for Phase 3. No adverse discharge impacts are anticipated as a result of the proposed project. Discharge Storm Frequency: 25 YEAR-3 DAY Design Rainfall: 11.5 inches Basin Allow Disch Method Of Peak Disch Peak Stage (cfs) Determination (cfs) ( tt, NGVD 29) A n/a n/a n/a 12.54 B n/a n/a n/a 12.58 C n/a n/a n/a 12.54 D n/a n/a n/a 12.56 E n/a n/a n/a 12.53 F 12.32 Conveyance Limitation 12.26 Finished Floors: As shown in the following table and the attached exhibits, minimum finished floor elevations have been set at or above the calculated design storm flood elevation. Appno. : 050303-17 Page 6 of 27 12.6 i' 'erp_staff_report, rdf Building Storm Frequency: 100 YEAR-3 DAY Design Rainfall: 14.5 inches Basin Peak Stage Proposed Min. Finished Floors FEMA Elevation ( ft, NGVD 29) ( ft, NGVD 29) ( ft, NGVD 29) A 13.36 13.5 N/A B 13.38 13.5 N/A C 13.38 13.5 N/A D 13.34 13.5 N/A E 13.24 13.5 N/A F 13.38 13.5 N/A Road Design: As shown in the following table and the attached exhibits, minimum road center lines have been set at or above the calculated design storm flood elevation. Road Storm Frequency: 25 YEAR-3 DAY Design Rainfall: 11.5 inches Basin Peak Stage Proposed Min. Road Crown ( ft, NGVD 29) (ft, NGVD 29) A 12.54 12.6 B 12.58 12.6 C 12.54 12.6 D 12.56 12.6 E 12.53 12.6 F 12.53 12.6 Parking lot Design: As shown in the following table and the attached exhibits, minimum parking lot elevations have been set at or above the calculated design storm flood elevation. Parking Lot Storm Frequency: 10 YEAR-1 DAY Design Rainfall:7 inches Basin Peak Stage Proposed Min.Parking Elev. ( ft, NGVD 29) ( ft, NGVD 29) A 12.5 12.5 B 12.5 12.5 C 12.5 12.5 D 12.5 12.5 F 12.5 12.5 Receiving Body: Basin Str.# Receiving Body A A1 F A A2 F A A3 F B B1 F B B2 F B B3 F C C1 F C C2 F App.no. • 050303-17 Page 7 of 27 'erp_staff_report. rdf Receiving Body: Basin Str.# Receiving Body C C3 F o 01 F o 02 F F F Golden Gate Main Canal Discharge Structures: Note: The units for all the elevation values of structures are (ft, NGVD 29) Culverts: Basin Str# Count Type Width Length Dia. F F 1 Reinforced Concrete Pipe 416' 42" Inlets: Basin Str# Count Type Width Length Dia. Crest Elev. F F Fdot Mod E Drop Inlet 3' 4.5' 13.5 Weirs: Basin Str# Count Type Width Height Length Dia. Elev. F F 1 Rectangular Orifice 44.5" 6" 10.39 (crest) SWM(lnternal) Structures: Note: The units for all the elevation values of structures are ( ft, NGVD 29) Culverts: Basin Str# Count Type Width Length Dia. A A1 1 Reinforced Concrete Pipe 32' 24' A A2 1 Reinforced Concrete Pipe 32' 24" A A3 1 Reinforced Concrete Pipe 106' 36" B B1 1 Reinforced Concrete Pipe 284' 36' B B2 1 Reinforced Concrete Pipe 48' 36' B B3 1 Reinforced Concrete Pipe 40' 36" C C1 1 Reinforced Concrete Pipe 36' 24' C C2 1 Reinforced Concrete Pipe 36' 24" C C3 1 Reinforced Concrete Pipe 36' 24" 0 01 1 Reinforced Concrete Pipe 36' 24' 0 02 1 Reinforced Concrete Pipe 72' 24" Inlets: Basin Str# Count Type Width Length Dia. Crest Elev. A A1 1 Fdot Mod E Drop Inlet 3' 4.5' 13.3 A A2 1 Fdot Mod E Drop Inlet 3' 4.5' 13.3 A A3 1 Fdot Mod E Drop Inlet 3' 4.5' 13.3 B B1 3 Fdot Mod E Drop Inlet 3' 4.5' 13.3 B B2 1 Fdot Mod E Drop Inlet 3' 4.5' 13.3 B B3 1 Fdot Mod E Drop Inlet 3' 4.5' 13.3 C C1 3 Fdot Mod E Drop Inlet 3' 4.5' 13.3 C C2 1 Fdot Mod E Drop Inlet 3' 4.5' 13.3 C C3 1 Fdot Mod E Drop Inlet 3' 4.5' 13.3 0 01 2 Fdot Mod E Drop Inlet 3' 4.5" 13.3 0 02 1 Fdot Mod E Drop Inlet 3' 4.5' 13.3 Weirs: Basin Str# Count Type Width Height Length Dia. Elev. A A1 1 Rectangular Orifice 24" 8" 11.23 (crest) App.no. : 050303-17 Page 8 of 27 :']') SWM(lnternal) Structures: Weirs: A A2 1 Rectangular Orifice 24" 8" 11.23 (crest) A A3 1 Rectangular Orifice 24" 8" 11.23 (crest) B B1 1 Rectangular Orifice 37" 12" 12.52 (crest) B B2 1 Rectangular Orifice 37" 12" 12.52 (crest) B B3 1 Rectangular Orifice 37" 12' 12.52 (crest) C C1 1 Rectangular Orifice 36" 6" 11.2 (crest) C C2 1 Rectangular Orifice 36" 6" 11.2 (crest) C C3 1 Rectangular Orifice 36" 24" 11.2 (crest) D D1 1 Rectangular Orifice 16' 8' 10.76 (crest) D D2 1 Rectangular Orifice 16" 8" 10.76 (crest) WATER QUALITY: The proposed surface water management system (SWMS) for Phase 2 consists of a dry retention system with a controlled basin area of 82.14 acres, which will provide the required one-half inch of dry pre-treatment and water quality volume for 20 lots of this phase. The table below shows the surface water management system is designed to provide a total water quality volume of 10.33 ac-tt. to meet the required water quality treatment volume based on 2.5-inch times the percentage of impervious area and includes an additional 50% water quality treatment. Phase 3 is conceptual and will require providing an additional 17.28 ac-tt of water quality treatment and one-half inch of dry pre-treatment to support the future development. During both Phase 2 and Phase 3 each lot was designed based on 70% of impervious coverage. For developments with more than 70% of impervious area, full water quality treatment will be required within each lot. Pollutant loading calculations demonstrate the surface water management system reduces the post development loadings of storm water nutrients to levels less than the loadings generated under pre development conditions in both the Phase 2 and Phase 3 conditions. In addition, an Urban Stormwater Management Program and Construction Pollution Prevention Plan specifications and guidelines are part of the required water quality. Construction and daily operation of the project shall be conducted in accordance with Special Conditions No. 29 and 30. No adverse water quality impacts are anticipated as a result of the proposed project. Basin Treatment Method ----~---- Vol Req.d (ac-ft) ---- Vol Prov'd A B Treatment Treatment Dry Retention Dry Retention 1.95 1.58 1.97 1.58 C Treatment Dry Retention 1.97 1.98 D F Treatment Treatment Dry Retention Dry Retention 1.19 3.58 1.2 3.6 WETLANDS: Within the entire property (Phase 2 and 3), there are 10.29 acres of hydric pine flatwoods, 2.01 acres of pine-cypress-cabbage palm, and 12.74 acres of hydric melaleuca monoculture. The hydric pine flatwoods and pine-cypress-cabbage palm contain varying degrees of exotic vegetation, including Brazilian pepper and melaleuca. Within Phase 2 there are 10.39 acres of melaleuca monoculture. Native vegetation within the hydric pine flatwoods includes slash pine, wax myrtle, buckthorn, and scattered App.no. : 050303-17 Page 9 of 27 : ]1 grape vine. The pine-cypress-cabbage palm wetlands contain dahoon holly, a mid story of wax myrtle and myrsine, with swamp fern and saw grass in the understory. The wetlands within the property are located along the south and southeastern portion of the property. The wetlands are not connected and are surrounded by adjacent upland habitat and by development to the south and an FPL easement to the west. Hydrology to the wetlands has long been adversely affected by the proximity to the Golden Gate Canal and surrounding development. However, the site is known to be utilized by listed species, including red cockaded woodpecker and Big Cypress fox squirrel (see wildlife section of this staff report). Control elevation for the site was based on adjacent permitted control elevations, onsite wetland indicators, topography and onsite soils analysis. Wetland Impacts: The site plan directly impacts all but 2.01 acres of wetlands. The remaining wetlands onsite are considered secondarily impacted due to isolation by the surrounding proposed development. A wetland impact map is attached as Exhibit 6.1. The project meets reduction and elimination critiera pursuant to Section 4.2.1.2 (b) of the Basis of Review because the proposed mitigation within and adjacent to Picayune Strand State forest provides greater long term ecological value than the onsite hydrologically altered wetlands and implements part of a regional plan. Mitigation Proposal: The applicant is proposing offsite mitigation in order to offset direct impacts to 23.03 acres and secondary impacts to 2.01 acres of wetlands. Four parcels of land totaling approximately 86 acres in the Picayune Strand and South Belle Meade have been acquired, enhanced/restored, and are currently being maintained. The applicant has developed a Habitat Conservation Plan (HCP) with the U.S. Fish and Wildlife Service (USFWS) to minimize impacts to listed species and has received the associated Incidental Take Permit (ITP) in July 2009. Pursuant to the conditions of the HCP/ITP , the enhancement of these parcels has been ongoing prior to any ground work within the project area; see permit file for "Mitigation Parcel Summary" for specific information on baseline conditions and enhancement activities (SUbmitted January 17, 2008). The most recent round of exotic removal and maintenance was performed in February 2009. The exotic removal method consists of hand removal with stumps treated with the recommended herbicide. The parcels include 13.33 acres of pine flatwoods, 2.17 acres of palmetto prairie, 3.3 acres of pine/cypress wetlands, 32.20 acres of cypress wetlands, and 35.33 acres of hydric pine flatwoods. Approximately 40.34-acres are located immediately south of Sabal Palm Road, and approximately 45.99-acres are located 2.25 miles east of Collier Boulevard adjacent to 1-75 (Please see Exhibit 6.2). The Picayune Strand State Forest and Belle Meade tracts are a part of a state and federal hydrologic restoration effort to re-establish sheetflow of freshwater to the Ten Thousand Islands and Rookery Bay estuarine ecosystems. The ongoing restoration efforts in these areas also improve important wetland and upland habitats within Collier County for listed species. The applicant's long term goal is to donate the mitigation lands to be incorporated into this regionally significant restoration project. Please see permit file for the Uniform Mitigation Assessment Method (UMAM) analysis of impacted wetlands and wetland mitigation. Due to the previous exotic removal work within the parcels, little time lag or risk was assessed for the mitigation areas. The functional assessment results in 1.02 excess mitigation credits. Additional mitigation lands associated with the U.S. Fish and Wildlife Service (USFWS) HCP/ITP are App.no. : 050303-17 Page 10 of 27 1: parcels is attached as Exhibit 6.9. Similar habitat enhancement activities, including exotic vegetation removal, thinning of vegetation, and prescribed fire are being conducted within these additional parcels. Cumulative Impact Assessment: Pursuant to Section 4.2.8 of the Basis of Review, the project has been reviewed for potential cumulative impacts upon wetlands and other surface waters within the West Collier Basin. The project site is within an increasingly developed area of Collier County, minimizing the connectivity of the wetlands onsite to other wetlands in the West Collier Basin. The wetlands and uplands onsite are utilized by listed species, but the habitat has decreased in quality due to hydrologic alteration and infestation by exotic plant species. The proposed mitigation is located within the Basin, and provides high quality listed species habitat that connects to adjacent preserved wetland and upland habitat within the Belle Meade and Picayune Strand State Forest. The wetland enhancement parcels will provide greater long-term ecological function to the West Collier Basin. These parcels are some of the few remaining parcels in private ownership within the Picayune restoration area, and the applicant's goal of donating these lands to the state will provide important parcels of land to the overall hydrological restoration effort within the Picayune Strand/Belle Meade. Therefore, authorization of this project is not anticipated to result in unacceptable adverse cumulative impacts to the West Collier Basin. The proposed mitigation fully offsets the functional loss assessed for the impacts. This analysis is specific to the type, location, and condition of wetlands on this site and may not extend to other projects. Monitoring/Maintenance: A maintenance and monitoring plan and map are attached Exhibits 6.3 and 6.4. The offsite mitigation areas will be monitored for a period of five years with annual monitoring reports submitted to the District. The monitoring map depicts the location of vegetation transects and photo-reference stations. The activities associated with the implementation of the monitoring and maintenance plan shall be completed in accordance with the work schedule attached as Exhibit 6.5. App.no. : 050303-17 Page 11 of 27 ------------ Wetland Inventory : CONSTRUCTION NEW -City Gate Commerce Center Phase 2 ------._---------Site--~'te Pre-Development Post-DevelopmentId Typ -----------------\------------------------ Pres. Fluc AA Pre Acreage Current With Time Risk Adj. Post Adj Functional cs Type (Acres) Wo Pres Project Lag (Yrs) Factor Factor Fluccs Delta Gain I Loss W1 ON 600 Direct 10.39 .33 .00 -.330 -3.429 W2 ON 625 Direct 1.15 .50 .00 -.500 -.575 W3 ON 600 Direct 2.65 .43 .00 -.430 -1.140 W4 ON 600 Direct 7.57 .34 .00 -.340 -2.574 W5 ON 624 Direct 69 .50 .00 -.500 -.345 W6 ON 624 Secondary 1.32 .47 .00 -.470 -.620 W7 ON 600 Direct 1.27 1 00 -.430 -.546 Total: 25.04 -9.23 Wetland Inventory : CONSTRUCTION NEW -City Gate Phase 2 Picayune Strand Mitigation ~ite -~~[ Pre-Development Pre AA Acreage CurrentFluc Type (Acres) Wo Prescs W1 ON 625 Enhancement 40.34 .70 W2 ON 624 Enhancement 18.27 .60 W3 ON 624 Enhancement 27.72 .61 Total: 86.33 Fluccs Code Description 600 Wetlands 624 Cypress -Pine Cabbage Palm 625 Hydric Pine Flatwoods Wildlife Issues: Post-Development Pres. With Time Risk Adj. Post Adj Functional Project Lag (Yrs) Factor Factor Fluccs Delta Gain I Loss .86 1.00 .160 6.454 .71 1.25 .088 1.608 .71 1.25 .080 2.218 ------------_._------_._- The project site does contain preferred habitat for wetland-dependent endangered or threatened wildlife species or species of special concern. Listed species surveys were conducted during March and August of 2004. Additional surveys were conducted exclusively for red cockaded woodpecker (RCW) in 1987. 1988, 1989. 1992. 1999, 2001, 2002, and 2003. Because there were no Army Corps of Engineers jurisdictional wetlands, and therefore no federal agency to authorize the project and initiate the Section 7 consultation process with the U.S. Fish and Wildlife Service (USFWS). the City Gate Commerce Park has developed a Habitat Conservation Plan (HCP) with the USFWS pursuant to Section 10(a)(1 )(B) of the Endangered Species Act. The HCP includes conservation provisions for the Florida panther and red cockaded woodpecker. The HCP permits "taking" of endangered or threatened species incidental to otherwise lawful activities. when the taking (harm. harassment, killing. etc) is mitigated by conservation App.no. : 050303-17 Page 12 of 27 10.28 measures. The elements of the HCP are made binding through the Incidental Take Permit (ITP) (Exhibit 6.13). The activities proposed in the HCP reduce and address potential adverse effects/incidental take of the proposed development upon red cockaded woodpecker, the Florida panther, and other species that may occur in hydric and mesic flatwoods. The HCP has been incorporated into the permit file. A single Big Cypress fox squirrel was observed at the margin of the central melaleuca area. The fox squirrel is a state listed threatened species. Immediately prior to construction or clearing, the lot slated for development will be re-surveyed for fox squirrel nests. If nests are observed, buffers of 125 feet will be maintained around each nest tree until the nests are found to be inactive or abandoned. See Special Condition No. 19 and the Big Cypress fox squirrel management plan attached as Exhibit 6.7. Eighteen active, nine inactive, and twelve abandoned gopher tortoise burrows were initially found in the field. The gopher tortoise is a state listed threatened species. In subsequent surveys in August 2006, nine active burrows and 4 inactive burrows were found. The remaining burrows were abandoned. In August of 2007,9 active burrows were found and 3 inactive burrows were noted. Based on the surveys, it is estimated that there are between 5 and 8 tortoises on site. A relocation permit for tortoises was obtained from the Florida Fish and Wildlife Conservation Commission and the tortoises have been relocated offsite. The tortoises are to be managed on an 18-acre FWC permitted gopher tortoise recipient site that is an inholding in the northern Picayune Strand State Forest. The inholding is currently owned by the applicant, and is a part of the approximately 46-acres of mitigation land that is expected to be donated to the state to become a part of the Picayune Strand State Forest. The project area shall be surveyed again prior to construction and clearing activities in order to ensure no additional tortoises have moved into the project area after the 2007 relocation. The project is within the known range of the eastern indigo snake, a Federally listed threatened species. Pursuant to the HCP/ITP, the applicant shall follow the standard protection measures for the eastern indigo snake during construction activities within the project area. The project is within the Primary Habitat Zone for the Florida panther, a Federally and state listed endangered species. As a part of the HCP/ITP, the applicant will construct a wildlife crossing for panthers on Immokalee Road (CR 846), west of the Collier County/Hendry County Line, east of the town of Immokalee in a location known for high panther vehicular mortality (Exhibit 6.8). Pursuant to the HCPIITP, the wildlife crossing with appropriate fencing must be built within two years of the issuance of the HCPIITP. Monitoring of wildlife movements through the crossing will commence once the wildlife crossing has been completed. See RCW section below for 16 acres of additional offsite habitat conservation land within the North Belle Meade. In addition, the applicant provided grant funding for a wildlife crossing study within the Panther Focus Area. Red cockaded woodpeckers have been known to use the portion of the City Gate property east of the Water Treatment Plant since 1987. The RCW is a Federally listed endangered species and a state listed species of special concern. The applicant has been implementing RCW conservation measures throughout the process of obtaining an HCPIITP with the USFWS. One goal of the HCP is to re-establish at least one RCW group in the northern Picayune. The re-established group could then provide potential dispersal connection between the existing isolated groups in the North Belle Meade and south Picayune Strand State Forest. The conservation measures include, but are not limited to, the following (see permit file and the HCP/ITP for a complete list of activties): 1). Parcels totaling 324 acres consisting largely of upland pine flatwoods, palmetto prairie, cypress, and cypress-pine-cabbage palm, in the Picayune Strand State Forest (PSSF) have been enhanced with the removal of exotic and nuisance plant species, thinning of vegetation, and prescribed fire. 2). Approximately 86 acres of RCW and panther habitat was purchased and enhanced in the PSSF and will be donated to the Trustees of the Internal Improvement Trust Fund of the State of Florida at a later date. 3). An additional 16 acres of RCW and panther habitat was purchased and enhanced in North Belle Meade adjacent to an existing Collier County property, and will be donated to an appropriate state or local App.no. : 050303-17 Page 13 of 27 e/p_stafCreport.rdf government agency or non-profit. The 16-acres consist of upland pine flatwoods and cypress-pine cabbage palm wetlands and are occupied by a RCW cluster that was first identified on the property in 2003. 4). Funds for the ongoing fire management for RCW will be provided to the designated public entity. 5). All sub-adult RCW from City Gate are to be translocated with another bird of the opposite sex from another donor population in Florida to one of the recruitment clusters placed within the PSSF (began 2005). Six recruitment clusters, each with at least four 'cavity inserts' (artificial cavities) were placed within the northwestern PSSF. 6). Three pairs of unrelated RCW sub-adults will be obtained from the USFWS Southern Range Translocation Cooperative and translocated to the recruitment clusters established in the PSSF. The translocations began in 2007 and extend to 2011 (occur on alternating years). RCW donor populations have included the Withlacoochee State Forest. 6). All adult RCW from City Gate will be translocated to the PSSF (expected to occur by January 2010 after the 2009 nesting season). The perpetual vegetation/habitat management is essential to the long term success of the RCW conservation within the Picayune and Belle Meade. Overgrown vegetation will ultimately result in cluster abandonment. Additionally, thick vegetation makes the cavity tress susceptible to wild fire as well as more vulnerable to predators. The HCPIITP requires continuing monitoring and maintenance of the mitigation parcels. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered/threatened species or species of special concern are discovered on the site. _Sp_e_c_ie_s Po_t_e"tial O_c_c_u_re_"_c__e Use Types Big Cypress Fox Squirrel Observed Foraging Nesting Eastern Indigo Snake Preferred Habitat Preferred Habitat Florida Panther Known Range Corridor Preferred Habitat Gopher Tortoises Observed Burrows Foraging Red Cockaded Woodpecker Observed Foraging Nesting LEGAL ISSUES: The applicant will dedicate a conservation easement to the District over the proposed 86.33-acre offsite preserve area. The conservation easement form and associated legal sketch and description are attached as Exhibits 6.10 and 6.11. The applicant has proposed a letter of credit to provide financial assurances for the offsite mitigation, monitoring, and maintenance plan. The draft letter of credit is attached as Exhibit 6.12. The recorded conservation easement and the original letter of credit must be submitted to the District prior to construction as indicated on Exhibit 6.5 and special conditions of this permit. The long term goal is to donate the 86.33 acres of offsite mitigation parcels to the appropriate state or local government agency to be incorporated in the Picayune Strand State Forest hydrologic and habitat restoration. Until the parcels can be donated, the applicant is responsible for the maintenance and monitoring activities for all 86.33 acres. A letter acknowledging these responsibilities is attached as Exhibit 6.6. Once the property has been donated, a modification to the permit is required (see Special Condition No. 33). The permit transfer would include transferring the responsibilities for the maintenance of the offsite preserves. App.no. : 050303-17 Page 14 of 27 · r: No. 33). The permit transfer would include transferring the responsibilities for the maintenance of the offsite preserves. CERTIFICATION AND MAINTENANCE OF THE WATER MANAGEMENT SYSTEM: It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form #0881 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, and Rule 40E-4.361 (2), Florida Administrative Code (FAC.). Pursuant to Chapter 40E-4 FAC., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E-4.321 (7) FAC. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, F AC., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. App.no. : 050303-17 Page 15 of 27 RELATED CONCERNS: Water Use Permit Status: The applicant has indicated that withdrawals from the Lower Tamiami Aquifer will be used as a source for irrigation water for the project. Water Use application number 080404-11 to modify Water use permit 11 02696-W has been approved. The applicant has indicated that dewatering is required for construction of this project. Application 080404-10 is being processed concurrently. This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation, unless the work qualifies for a No-Notice Short-Term Dewatering permit pursuant to Chapter 40E-20.302(3) or is exempt pursuant to Section 40E-2.051, FAC. CERP: The proposed project is not located within or adjacent to a Comprehensive Everglades Restoration Project component. Potable Water Supplier: Collier County Public Utilities. Waste Water System/Supplier: Collier County Public Utilities. Right-at-Way Permit Status: A Right-of-Way Permit is required for construction activities proposed within easements of the Golden Gate Main Canal, including installation of the outfall and discharging into the canal. Application # 08 0611-1 has been reviewed by Big Cypress Basin Service Center. DRI Status: This project is a DRI (SFWMD ID No. 87-256). The Development Order for this DRI was issued by Collier County on February 13, 1988. Historical/Archeological Resources: The District has received correspondence from the Florida Department of State, Division of Historical Resources indicating that the agency has no objections to the issuance of this permit. This permit does not release the permittee from compliance with any other agencies' requirements in the event that historical and/or archaeological resources are found on the site. DCA/CZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Environmental Protection or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan. Third Party Interest: No third party has contacted the District with concerns about this application. App.no. : 050303-17 Page 16 of 27 -erp _stafCreport.rdf Enforcement: There has been no enforcement activity associated with this application. App.no. : 050303-17 Page 17 of 27 erp_staff_report. rdf STAFF RECOMMENDATION TO EXECUTIVE DIRECTOR: The Staff recommends that the following be issued: Construction and Operation of a surface water management system serving 131.61 acres of commercial development and Conceptual Authorization for the remaining 197.59 acre commercial project known as City Gate Commerce Center Phases 2 and 3 with discharge into the existing Golden Gate Main Canal. Based on the information provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached General and Special Conditions. STAFF REVIEW: NATURAL RESOURCE MANAGEMENT APPROVAL ENVIRONMENTAL EVALUATION SUPERVIS~~ La~M SURFACE WATER MANAGEMENT APPROVAL ENZING EVALUATIONhc':e:-o Carmen Quan, P.E. ENVIRONMENTAL RESOURCE PERMITTING DIVISION DIRECTOR: aLtlcet?6~~ DATE:----:.!L+li--f--'h"-'--j....:...-9 _ Anita R. Bain ' NTAL RESOURCE REGULATION DEPUTY DEPARTMENT DIRECTOR: DATE:------L/---=~::::....:......b:...L·./--=6~,1--- App.no. : 050303-17 Page 18 of 27 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, FAC. unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Completion/Certification Form Number 0881A, or Environmental Resource/Surface Water Management Permit Construction Completion Certification -For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E-1.659, FAC. The statement of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity App.no. : 050303-17 Page 19 of 27 GENERAL CONDITIONS approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuan~ to Section 40E-1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, FAC .. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(3), FAC., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, App.no. : 050303-17 Page 20 of 27 erp staff report.rdf GENERAL CONDITIONS abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421 (2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, FAC.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. App.no. : 050303-17 Page 21 of 27 SPECIAL CONDITIONS 1. The conceptual phase of this permit shall expire on October 12, 2011. The construction phase of this permit shall expire on October 12, 2014. 2. Operation of the surface water management system shall be the responsibility of CITY GATE COMMERCE PARK MASTER PROPERTY OWNERS ASSOCIATION, INC. The maintenance and monitoring of the 86.33 acres of offsite wetland mitigation shall be the responsibility of the 850 NWN, LLC and CG II, LLC until these parcels can be donated. 3. Discharge Facilities: Basin: A, Structure: A1 1-24" W X 8" H RECTANGULAR ORIFICE weir with crest at elev. 11.23' NGVD 29. 32 LF of 24' dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: A, Structure: A2 1-24" W X 8" H RECTANGULAR ORIFICE weir with crest at elev. 11.23' NGVD 29. 32 LF of 24" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: A, Structure: A3 1-24" W X 8" H RECTANGULAR ORIFICE weir with crest at elev. 11.23' NGVD 29. 106 LF of 36" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: B, Structure: B1 1-37" W X 12" H RECTANGULAR ORIFICE weir with crest at elev. 12.52' NGVD 29. 284 LF of 36' dia. REINFORCED CONCRETE PIPE culvert. 3-3' W X 4.5' L drop inletS with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: B, Structure: B2 1-37" W X 12" H RECTANGULAR ORIFICE weir with crest at elev. 12.52' NGVD 29. 48 LF of 36' dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: B, Structure: B3 1-37" W X 12' H RECTANGULAR ORIFICE weir with crest at elev. 12.52' NGVD 29. App.no. : 050303-17 Page 22 of 27 SPECIAL CONDITIONS 40 LF of 36" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: C, Structure: C1 1-36" W X 6" H RECTANGULAR ORIFICE weir with crest at elev. 11.2' NGVD 29. 36 LF of 24' dia. REINFORCED CONCRETE PIPE culvert. 3-3' W X 4.5' L drop inletS with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: C, Structure: C2 1-36" W X 6" H RECTANGULAR ORIFICE weir with crest at elev. 11.2' NGVD 29. 36 LF of 24" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: C, Structure: C3 1-36" W X 24" H RECTANGULAR ORIFICE weir with crest at elev. 11.2' NGVD 29. 36 LF of 24" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: D, Structure: D1 1-16' W X 8' H RECTANGULAR ORIFICE weir with crest at elev. 10.76' NGVD 29. 36 LF of 24' dia. REINFORCED CONCRETE PIPE culvert. 2-3' W X 4.5" L drop inletS with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: D, Structure: D2 1-16" W X 8" H RECTANGULAR ORIFICE weir with crest at elev. 10.76' NGVD 29. 72 LF of 24" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.3' NGVD 29. Receiving body: F Control elev : 8.5 feet NGVD 29. Basin: F 1-44.5" W X 6" H RECTANGULAR ORIFICE weir with crest at elev. 10.39' NGVD 29. 416 LF of 42" dia. REINFORCED CONCRETE PIPE culvert. 1-3' W X 4.5' L drop inlet with crest at elev. 13.5' NGVD 29. Receiving body: Golden Gate Main Canal Control elev : 8.5 feet NGVD 29. Appno. : 050303-17 Page 23 of 27 erp_stafCreport.rdf SPECIAL CONDITIONS 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4: 1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. The permittee acknowledges, that pursuant to Rule 40E-4.101(2), FAC., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property. 13. Minimum building floor elevation: BASIN: A -13.50 feet NGVD 29. BASIN: B -13.50 feet NGVD 29. BASil\!: C -13.50 feet NGVD 29. BASIN: D -13.50 feet NGVD 29. BASIN: F -13.50 feet NGVD 29. 14. Minimum road crown elevation: Basin: A -12.60 feet NGVD 29. Basin: B -12.60 feet NGVD 29. Basin: C -12.60 feet NGVD 29. Basin: D -12.60 feet NGVD 29. Basin: F -12.60 feet NGVD 29. 15. Minimum parking lot elevation: Basin: A -12.50 feet NGVD 29. Basin: B -12.50 feet NGVD 29. Basin: C -12.50 feet NGVD 29. Basin: D -12.50 feet NGVD 29. Basin: F -12.50 feet NGVD 29. App.no. : 050303-17 Page 24 of 27 SPECIAL CONDITIONS 16. Prior to the commencement of construction, the permittee shall conduct a pre-construction meeting with field representatives, contractors and District staff. The purpose of the meeting will be to discuss construction methods and sequencing, including type and location of turbidity and erosion controls to be implemented during construction, mobilization and staging of contractor equipment, methods of vegetation clearing, wetland/buffer protection methods, endangered species protection with the permittee and contractors. The permittee shall contact District Environmental Resource Compliance staff from the Lower West Coast Service Center at 239-338-2929 to schedule the pre-construction meeting. 17. Prior to the commencement of construction, the perimeter of the remaining 2.01 acres of onsite wetlands shall be staked and silt fenced to prevent encroachment into the wetlands. Using Global Positioning System (GPS) technology, the perimeter of the preserve area(s) shall be identified for future reference. The data shall be differentially corrected and accurate to less than a meter (+/-one meter or better). Electronic copies of the GPS data shall be provided to the District's Environmental Resource Compliance staff. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of staking/silt fencing and schedule an inspection of this work. The staking and silt fencing shall be subject to District staff approval. The permittee shall modify the staking and silt fencing if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Staking and silt fencing shall remain in place until all adjacent construction activities are complete. 18. Endangered species, threatened species and/or species of special concern have been observed onsite and/or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species. The applicant is required to fullfill all of the terms and conditions indicated in the USFWS HCP/ITP issued July 2009. A copy of the HCP and associated ITP (issued July 2009) are within the permit file. The District must be informed of any changes to the HCP/ITP. A survey for gopher tortoise and other wildlife must be completed prior to construction activities, including land clearing and grading. 19. The permittee shall comply with the provisions of the fox squirrel habitat management plan approved for the project site in accordance with Exhibit No. 6.7. Prior to initiating construction activities, the site shall be surveyed for the presence of active Big Cypress fox squirrel nests. A 125 foot radius undisturbed buffer must be maintained around all active nests. Following nesting activities, the nesting tree may be removed following coordination with the Florida Fish and Wildlife Conservation Commission and obtaining all required permits. Any modifications to this program shall require prior written approval from District staff. 20. The permittee shall complete construction of a wildlife crossing in accordance to the conditions stated in the USFWS HCP/ITP. 21. A mitigation program for City Gate Phase 2 and 3 shall be implemented in accordance with Exhibit No. 6.3-6.5. The permittee shall enhance and preserve a total of 86.33 acres consisting of 70.83 acres of wetlands and 15.50 acres of upland offisite compensation areas (as depicted on Exhibit 6.2). 22. A monitoring program shall be implemented in accordance with Exhibit No. 6.3-6.5. The monitoring program shall extend for a period of 5 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The 80% survival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland, transitional, and upland species do not achieve an 80% coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. App.no. : 050303-17 Page 25 of 27 'erp _staff_report. rdf SPECIAL CONDITIONS 23. A maintenance program shall be implemented in accordance with Exhibit No. 6.3-6.5 for the enhanced wetland/upland areas on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation areas are maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Maintenance in perpetuity shall also insure that conservation areas, including buffers, maintain the species and coverage of native, desirable vegetation specified in the permit. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic/nuisance plant species do not dominate anyone section of those areas. 24. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule attached as Exhibit No. 6.5. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish and/or completion dates; and (3) progress report on the status of the project development or mitigation effort. 25. Prior to commencement of construction and in accordance with the work schedule in Exhibit 6.5 the permittee shall submit an electronic or hard copy version of the certified copy of the recorded conservation easement for the mitigation area(s) and associated buffer(s). The electronic version of the recorded conservation easement, and associated GIS information described below, shall be submitted via the District's ePermitting/eCompliance website. The GIS data shall be supplied in a digital ESRI Geodatabase (mdb), ESRI Shapefile (shp) or AutoCAD Drawing Interchange (dxf) file format using Florida State Plane coordinate system, East Zone (3601), Datum NAD83, HARN with the map units in feet. A map depicting the Conservation Easement over the best available satellite or aerial imagery shall also be provided. If the information is provided via hard copy the GIS data shall reside on CD disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall utilize the form attached as Exhibit 6.10. Any proposed modification to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 26. Prior to the commencement of construction and in conformance with the work schedule in Exhibit 6.5, the permittee shall provide an original letter of credit in the amount of $115,381 to ensure the permittee's financial ability and commitment to complete the proposed mitigation, monitoring and maintenance plan as shown on Exhibit No. 6.3-6.4. The financial assurance shall be in substantial conformance with Exhibit No. 6.12. The financial assurance shall be in effect for the entire period of the mitigation and monitoring program. Notification to the District by the financial institution or surety that the financial assurance will not be renewed or is no longer in effect shall constitute non compliance with the permit. Should the permit be transferred from the construction to operational phase prior to the completion of the mitigation and monitoring program, it will be incumbent upon the original permittee to either keep the existing financial assurance in force or provide replacement financial assurance in the name of the operational entity. The existing financial aSsurance cannot be released until a replacement document is received and accepted by the District. 27. Prior to any future construction, the permittee shall apply for and receive a permit modification. As part of the permit application, the applicant for that phase shall provide documentation verifying that the proposed construction is consistent with the design of the master surface water management App.no. : 050303-17 Page 26 of 27 SPECIAL CONDITIONS system, including the land use and site grading assumptions. 28. A permit modification shall be obtained prior to the development of all commercial lots and shall be limited to a maximum impervious area of 70%. Additional water quality and attenuation shall be provided onsite if the impervious area on each lot exceeds the allowable percentage. 29. The Permittee shall utilize the criteria contained in theStormwater Pollution Prevention Plan (Exhibit 3.0) and on the applicable approved construction drawings for the duration of the projects construction activities. 30. The Permittee shall utilize the criteria contained in the Stormwater Management System Maintenance Manual (Exhibit 4.0) for post construction activities. 31. The following exhibits for the permit are incorporated by reference herein and are located in the permit file. In addition, these exhibits can be viewed on the District's ePermitting website under this application number. Exhibit No. 2.0A: Pages 1-22 of 22, Phase 2 drainage plans, details, cross sections, drainage structures Exhibit No. 2.0B: Pages 1-4 of 4, Phase 3 conceptual master plan and details Exhibit No. 3.0: Pages 1-2 of 2 Pollution Prevention Plan Exhibit No. 4.0: Pages 1-15 of 15 Urban Stormwater Management Program Exhibit No. 5.0: Pages 1-89 of 89 Property Owners Association documents (recorded at Lee County clerk) 32. Prior to construction within easements of the Golden Gate Main Canal, the permittee shall obtain the District's right-of-way permit, which is currently being reviewed. 33. It is the intent/goal of the applicant to deed the Conservation Easement to the State of Florida Board of Trustees. At such time as the transfer occurs, the conservation area shall meet the requirements of Section 4.3.6 of the Basis of Review (B.OR) and a permit transfer will be required for this area. Ownership information, long term management information, and long term management funding will be required to be provided as part of the permit modification. 34. The backbone drainage system (roads, catch basins, culverts, retention areas, swales, perimeter berm, and control structure) shall be constructed and operational prior to future phases of construction. App.no. : 050303-17 Page 27 of 27 __ 8 ~'~ ~ CITY GATE A SUBDIVISION LOCATED IN DEDICATIONS I RESERVATIONS .-IIJ. ...... _ -.aom. _, __ .• r..-........(jl~~ ~~~~i:'7='~T~~~~ ~r:~~¥~~~~ *~(Wl~:~,r:~~~:-N" ..... _....:llO: (~~"(L8.1)·1_.."''ool ...... ~(JW-.n~~ PlCTCA'l: 'OCCl..L,[. ea.oon ...!tlI-WlIU il'~l!III:f :T~~:~,.i~~:':OOOCXIo(Jl.Q$S. "OC' ... lllII o.a:ln...-~ ...... "",.-....; ....tt._...,Tnl.ruS"".OIIcr.t.....I:ltO._?li(O\..nw ..-.;... ~ tl4;"I~"S(I'''III,.... IlC~~ Pl"h-'" 1Il _ SOt..... 1:O'O"l~;O ""_ t.5 IlC: O_IO'T"OO GO'oC:__or till: ••'VI.II(.,. M.-e! 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Exhibit 1.0 Application No. 050303-17 Page 1 of 4 ( PlAT 9001< __ PI« __ '\ SHEET 2 OF " ICITY GATE COMMERCE CENTER, PHASE TWO A SUBDIVISION LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COillER COUNTY, FLORIDA, r ----------------------------- -- ---- ----------~------ Gold.. Gtit. C&aal Gold.. GoIt. btae-Volt lUI"'.'_1,".""sIP-l'l' F_I~"",,I~ I : /;r,;7';';o;~ ~,~ ~<~~;,.-:. \ ~. 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"""'\. :!I N nwoU' _... ~- c.::;::..'T_ ".I_.ll.Po,/,.N-lfI Scale I ~ '" i?OO' GRAPHIC SC ....... E I .. PUT or -r.-Pt.l.T LJN"S "" ,.. ~. rPLCAS(,€IIT lJIlZOloU.PGMr. _·~;,;·-~~·~·_~·~J:!··~!-'!:..7·-··- iCA/r"Lv.:(TI)j£ _r"_F(T rs:"!~.l:f. T4\I:J<"Hie F_C"",,_ ~'':;;;ji' 0' S,c ~-4""~ M ., ~, :~~::.:~:~ ....TONIC T1lICO P ~ ... 't.S;ZIlIJ A. TRIGO & ASSOCIATES, INCP l.OIID~•• ""-" Ul!3 ftADI CbTD! UT .'l'\&lI,n.oRIDA JAJOII PWlQ 110 U111-~lU-&o.e (MllllIVII.lIEmIilO\IlImIIaIl,a_ Exhibit 1.0 Application No. 050303-17 Page 2 of 4 I PHASE TWOL:"T :,-,0;--,----=---'1CITY GATE COMMERCE CENTER, A SUBDIVISIO:,/ LOCATED IN A PORTlO:'/ OF SECTION 35. TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLUER COUNTY. FLORIDA, ,,..~ *'"..._ a' Sal. Bar6oI' +1"'a,_H.~,.~ll-lJ Golda c.t. e-.J .aMeet "'-slre /'Golda c.e. J»U_ Ualt U ..... _1.,.."".1.·111 lOR J'''. "",nl] H"'I~'C ~,. 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I'·. ~ SHeeT 4 or 4,_"~~ .""1:::~!\~ tflrPlo\rTD ~f~:: ~ ...,., H.'Ji!'15 JIO'I' I. PdT 0' or-PUT 'J/f Z7/1-/J/J' 47.• "iTI .. :~,....., •"1:; 1f/l:1r ." r-..s INS1lIVIolENT ..... P~EP~D .u.tTOlollOflllGO ps.w 'LS2':M12_<t ,!.~1...... / .~rr 5cal~ /' -= 100' ~ lRI:4L~(3=I::~!;; ..r~· GllAI'loiIC SCALE llo/'I.I:l I'l.Dm" :lo<IOlI ~ I="J"'II J"I:-==1 i'1lO.. .a ....'U-........, o 100 C!OO JOO 400 1M'tl!UII~'USllClI:3IL1..• Exhibit 1.0 Application No. 050303-17 Page 3 of 4 r-PlAT BOOK __ pAG( __ I SHEET 4 or 4 "ICITY GATE COMMERCE CENTER, PHASE TWO A SUBDIVISION LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. " " \\ \. I ' _J_ ' 14 1IOT.I'''''OI'T'II1II'UTCITY -c A T_ £J , ~ " \ """''''' ~ ~I ;rJ'''/l.ITTCASblCHf \"HC' r 3 01 4 x ~ .....DRIV E ~_,,,,.,,,~,,J 'LL' % ~ 1-1 MA TCH L I'VE ", .. 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", "Ie CUfNT: ... CrTYGATE COMMERCE CENTER PttAaE TWO SHEET 01 7,,-.'"' ~ IIUT9 WRAlTRUCTURf. P\,All 159 SOl.Jl'ti MAIN STREET, SUITE 500 3530 KRAFT ROAD, SUm: "'t. NAPLES, FLORIDA 3ftD5 850 NWN, LLC & CG .. LLC ::: 1::::~~1l~'; ffij DEDAVIDSON ENGINEERING, INC• ~ON. OHIO 4Ol8 ......PHONE'3JO..998.(l22!i 32.."""".o.L.GJ5Tl_i~N)OU_ Exhibit 2.0 Application No. 050303-17 Page 1 of 3 ,"'"., of. ", ,,", 0"', ".,.::" "o"\~"'\.' "o"'>\":"~ ,.1:.I", ~.. \,0,, ~0" Ij!~~F----.--------¥~----v=4;;;-~~~':,,-~e----F*--------~~-----m--------:_~~_q ,.~m :1" 11 ~ i! t ~- ': ~' :1 SUBBASIN A 1 ,~':t.:;;;:.~~'- • ',"I;\ 'I ' ,~~r-;.;I·'-r.'~:l': I iJl~~-~'-~ ~ iiiI ",'--J'"1:I 1 'I \.~' :'1.' t. ' \ > II ~':-=----I:..~\~, -~ II,I,I i~· -~.~ " ,'I;." ,~'.fi':;M~i '"~~'" ,:"".~Afj ,', ::'i~, ~,'ii:'P "~"~' .... •' ,I,: 4,,: .' ;II' '. "" ,,"" - - - - • ' '" ..-j,l: "i::"'---' ;iI d :. ,}iIi c-.__ ,",,,,,,, , ; " I ' .." '.,,''II ,,-,1'1' ' I ~ i .,~.lt-c~=:c-i..I' " '" ,c,)"" , "8""" , :~,--<.,,~--,: j , \,::,:, 'I' ~,::.-.. wcx"" ,-~i'-.;;"., . .,'",;,':/ "'.-/.::., QE<]', ~ crTYGATE COIIIIERCE CEHTER PHASE lWO 8-09 1OI£'oI5lQO{llro....rIlOOJNT'r1l/£[llOC'S SHUT ""DEDAVIDSON ENGINEERING, INC.850 HWN, LLC & CG I, LLC DfWNAGE SUB-BASIN PLAN 158 SOUTH ~ STREET, SUITE 500 63530 KRAFT ROAD, SUITE :101, IW'LES, FLORIDA 301'05 0#,,AKRON,OHlOoM3OII w,P!>.,(lR~.c;m=~)~AX(238)--"""..~ 32AIJGl.5f2OOti010036llMSf"""'-=0 Exhibit 2.0 Application No. 050303-17 Page 2 of 3 1 2742 gJ 43 BASIN B SUBBASIN B 30 P 38 ~ ) V1 29C--~----, 00-~~" ~ 00,'I: --fE,Ill ""~ ~"--~) ==~, j / z I"'l ..7~~ ---=-' 39 28 ~ I~ ~ .. BER. t].] ""cvo BASlJrl r I'l t:~4f~ ~ s.c".-anO'~_~AS:s:-~-:'':.:::~ IU"EJIMtUIllH(~TO.llE'T.-cD .u1\lUlf1'l/AK1S~_"""T'IID. 44 SUBBASINI B /8":e-----~~~BASIN 0 ~I "II II JI lI ~ I 2 ~ jll! " ' h(' I '~ -- alENT: 650 NWN, LLC &. CG II, LLC 159 S<XJTH MAIN STREET, SUITE 500 AKROH. OHIO 4430& 33Q.1llllI-022S 1 ~ SC"-.EO nn LEGEND _-.:DPAG ....oa c::::;] $T~ a.::II£1( "l£~ . --.......... -.:11_.0:.._ \@ -.sa:I COi1Wl1 SllI.Cn...l£ LllCA_ GENERAL NOTES: ll1[~~1ttF;:5I[CDNSTIILJC1'lDN~OCC tClTlOITHlRZECIlNS1M.oW:1IClaFll£OVIllD ~:_folCCI\GSTOrfr"",,, L ~~S1~\~~II;'li~ CJ" s. IILLCAROOlt't'l-.sM:EXDTlCIVl'fTSASllEaG /ll'lto(f1.OIlIlIO,EXOflCl'fSl'l'LNIT!ilXllMCL$HoOU. .~FlIOII __ M~~"'Cl SWSDlUDff_IlDIlM'llO'nO(~(1H ·f~~~";; ~ lM;JIlILL~__ ftJIr.<al _ sa.-rr.rs.I'UtI.NO.lSl:~I"QlI1HE .... '1CUltID~'1(...,..~1 _F2(lJIIOIlILl,.LIIIl£,II£IIltfOODrj) DATE; I~POl sJ."~~.-~ CfTYOATE COIIIIERCE CENTER. PHASE 2 & 3":'""ti DEDAVIDSON ENGINEERING, INC. CONCEP'fUAL IIASTER PlAN I ~ 3130 KRAFT ROAD. SUITE 301, NAPLES, FLORIDA ""105 -~"-~p~y~q~.9.J~~::Uv~:I~AX(238)---""~:"~ONI06lMSE olliloWJa- SHEET 2 OF 4 Exhibit 2.0 Application No. 050303-17 Page 3 of 3 APPLICATION 050303-17 PERMIT 11-01863-P EXHIBIT 2.0A Pages 1-22 of 22 PHASE 2 drainage plans, details, cross sections, drainage structures EXHIBIT 2.08 Pages 1-4 of 4 PHASE 3 conceptual master plan and details EXHIBIT 3.0 Pages 1-4 of 4 Pollution Prevention Plan INCORPORATED BY REFERENCE APPLICATION 050303-17 PERMIT 11-01863-P EXHIBIT 4.0 Pages 1-15 of 15 Urban Stormwater Management Program EXHIBIT 5.0 Pages 1-89 of 89 Property Owners Association Documents (recorded at Lee County Clerk) INCORPORATED BY REFERENCE __ r----~-----------------------------------------------~:--------------~~-~~~~~------------------~~------T-i 1 I I t ,~\ \ ~ , Phase One Phase One ->.»m )]~~ o "'0 >< _ "2. 2: ->. 0_.0_. Ql e. a>O· :::l 0 z 9 ::::---....o 01 =i o W o CUENT;W I->. -..I r CITY GATE DEVELOPMENT, LLC. 159 SOUTH MAIN STREET. SUITE 500 AKRON. OH 44308 GOLDEN GATE CANAL I l".... 424-E4 ......... 132 "<,' " """'" " ;2~ ',..' ']i :~ 321i 27.00 , 1 1 1 I I I'r Iffi g a I I ~~ !l ,I I ..> "« r··_·'-··_··_· ~ I I~~ 5~ I~ 0 .... "I« .. ;l 1!!!il' I1i' =:~~ I§ I I..J 1I I 1 I.'2 \ I I 12.33 4'1 \.. 1.1'1 r : ..-..--...., 113.00 ~ I : •• I ...., •. : 424H-€4 ,',,"~ ~ ! Phase Two East Bo"nda", , I , 1 I 0,1·~ ,~ .~ 1 1 I I I I I ~~ L ~~~~::::---~:~~-:'::~~~~~~;~~:~~~--------------------------------------------::~:~~~~N~ffi I['.'r~.;e DAVIDSON ENGINEERING INC. ~ 3530 KRAFT ROAD, SUITE 301 NAPLES FLORIDA ~105 DAVIDSON PHONE (239) 434-6060 FAX (239) 434-6084 _,.,'.. _/-. COMPANY 10. NO. 00009496 FLUCCS LEGEND (200' 0If&et) CODE OESCRpmN 11 0 Single F.miS;' ReSBefllilli :~ ~sr-~ 532 FPL ERMIJ*t CODE 83J W.., Supply PW!l 321 3219 411 ClTYGATECOMMERCEPARK l :g" FLUCCS MAPPING '2<Hl~~" lS ~cr. 07·0068 ,"M"·BYDTHERS ij; :::::". ~~.l 1'.4OO'-t:'HO.:] ~;~ - '~I : 1 406. I I I :1 Phase Two East Boundary 1: 411: 53.08 I I ." : 11 _ E1 <25'1, exCJlb, ~ ~~~r= E4 >7!>% EX~ FLUCCS LEGEND DESCRPTl)N ACREAGES PaJmetto prllll1il 2/lXi A,(:tM p,lm8lIoPrune,DIIwttIea g.tl6~ F'heF~ 167.02Acn!111 r:-.2~ 't~= ""'''''..-... ,"""'~;::""..c.,__ ~:::~:: ~~=~::-1~=252.67A1::.. ...... »m 0"0 ><_"0 :::r /'.)=0:£;:;: e. 0>O·:J ...... Z o o (Jl o eN o eN ...... -.J N 4WETLAND Ul MAP JS -~ 07=00M -~ Cl'Ty ~rll COMMBRCUAIIKe DAVIDSON ENGINEERING, INC. 3530 KRAFT ROAD, SUITE 301 IlAPLES, FLORIDA 34105 BY:DE&CRPllON AKRON, DH 44308 CUENT: CITY GATE DEVELOPMENT, LLC. 160 SOUTH WAIN 6TREET, SUITE 600 GOLDEN GATE CANAL "~ I ~PHASE TWO EAST BOUNDARY~ ~l!huj!! ~is I I I I I i WETlMlD 10#2.) 1.15Acr&. FLUCCS411H-E1 3.82 Acr.. FLUCCS411H-E2 &.22 Acr.. FlUCCS 411H-E3 ~ , 2.36 AcMe FWCCS 424H-EJ4 Q.&8 AcMe FWCC8 62,4..E, /! I r-·--·-_·__·.J'" 13.33~TOI8I~ , § I i ~ I ) ! \ \ WETLAND 10 #1I FWCCS 42.4tHi4 WEnANOIDII3 FWCCS 624-E2 1.32Ac:~.To48J 10.,3iAa_TotllI.- I r-----PHASE TWO EAST BOUNDARY FLUCCS LEGEND ceq 0&8CA!PT!ON ACA E.IlGl:§ 41'1i ~..... ~ 1G.211AeIIJ SFWMD 4 Col. CQJ~ JurWlclcNlll W••, 25.04 Arne 4:MH Hydric:...... 1U4Ae 62'JI. GrPt-o""-c ......Nn 2.01 A-. r.;~EO£mMWHITE LAKE INDUSTRIAL PARK &2 alQ"'E~ E3 &CUo 74'" E.alI E4 "7I'%~ A/JIJI./C4Jlo ~ $ 03 03 .1Itt4l8(/t ? I -_. 7 "'JlII 8 9 Wetland Impacts for Current Phasa Two FlUCCS 424H.E4 IO,3QA"..ToIIIi 10 IUIC_h~ ;~I ·"!I •·· 11 II \1\\.11 Illil 12 II I \I III 'IIIII III .11 1\\ II I "11''II III 14 II I U ·11 11111 15II III. II I I~II" /6 ..1'"I ~r~ 1'-..... ( \ ,_../ 1'-..... ( \ ,_....1 I 11" fF-=i"~-~' -,-~ ~-~~':r: r~----n~~-~--~---::-I ----- 4 5 I - N»m O"tJ X_"tJ :::T N===C:(') _. til ..... e. (1)O' ::J~ Z ~ , !I =~-- 6' <t ~ ,. o~~q~}~ . Mep Preserve Areas " FUTURE WeUand Impact Area 1.15 Aer•• FlUCCS 411 fl.El 3.92 Acree FLUCCS 41 1H-E2 5.22 Acroo FlUCCS 411 H.j03 2.35 Au.. FLUCCS 424f1.E4".-,- I .I I I l.a2N.-FlUCC80WlQrotKl 0.88 AGfM FLUCCSeat WIIIftd OM .....".!!!"2.A7J\rA1Totlll IShIpe lWld ~lJl'liIIIan of OM N:te upland buf~ ~and IlB\tIId. aro&nj lhI WllIDInd to tMldMennhId ViIhwl MLlre phl.... .. .. ,,_ .~ \\ " 07..0068:J?---BV 1·· .... 12/2Dlf1 WETLAND IIFACT MAP CIty GATE COMMERCE PARK llHIGIilDlV: '''''I'IIOWD.." Dit,VIDlI;ON PHONE (239) 434-8060 FAX (239) 434-6064 IT,. 61 U'f.l'al N l) COMPANY ID. NO. OOODO'" ·'DE DAVIDSON ENGINEERING, INC. 3530 KRAFT ROAD, SUITE 301 NItJ'LES, FLORIDA 34105 i'11OW AKRON, Oti 44308 (330)1lQ&.ll225 CUENT: IR~. CITY GATE DEVELOPMENT, LLC. 1SQ SOU~ MAIN STREET. SlJITE 500 o (J'1 o w o W I ...... -...J I ~ 8 I ~ I =j ( --1 1·75 MAP LEGEND ~ City Gata Commarca Parl< ~ 40.34 Acre Sabal Palm Road Pareal ....... »m o"'C X _"'C :::T ",=8'o _. Q) em o· Sabal Palm Road :::::l '" Z o o (J'l o 40.34 ACRE SABAL PALM PARCEL--LOCATIONw De DAVIDSON ENGINEERING, INC. MAP 4o 1"=1 MILE W 3530 KRAFT ROAD, SUITE 301 NAPLES, FLORIDA 34105 I PROJECT: CITY GATE COMMERCE PARK ....... DAVIDSON PHONE (239) 434-6060 FAX (239) 434-6084 NOVEMBER 1, 2007........ [ " C , " " E ~ !N G COMPANY 10. NO. 00009496 N UJ MAP LEGEND ~ City Gale Commerce Park. • 45.99 Acre Parcel N»m o "'C X _"'C :::r N=C:o _. C) .... !:!:(J') O· ~ N Sabal Palm Road Z o a (J'l a w a 45.99 ACRE NORTH PICAYUNE PARCELDEDAVIDSON ENGINEERING, INC.w I 1"=1 MILE..... 3530 KRAFT ROAD, SUITE 301 NAPLES, FLORIDA 34105 PROJECT: CITY GATE COMMERCE PARK....... DAVIDSON PHONE (239) 434-6060 FAX (239) 434-6084 4LOCATI ON MAP E .,G ,OJ E [ R I "G COMPANY 10. NO. 00009496 N 1: !ll ..!2 ::l o CD '*1 "E "'tll' >..22 ~ a CO "Vl' Q) "'C 4 e 1-75 ~ De DAVIDSON f:NGII'-IEERING ENVIRONMENTAL RESOURCE PERMIT (ERP) WETLAND\PRESERVE MONITORING & MAINTENANCE PLAN Project: CITY GATE COMMERCE PARK Location: Section 35, Township 49 South, Range 26 East Prepared for: South Florida Water Management District (SFWMD) Prepared by: Davidson Engineering, Inc. Date: August 6, 2007 Revised: December 4, 2007 Revised: January 8, 2008 Revised: March 25, 2009 Revised: September 29, 2009 3530 Kraft Road, Suite 301 . Naples, Florida 34105 . Phone: 239.434.6060 . Fax: 239.434.6084 www.davidsonengineering.com Davidson Engineering, Inc. Exhibit 6.3 Application No. 050303-17 1 of4 Project Location The City Gate property is located east of Collier Boulevard, just north of Interstate 75, in Section 35 Township 49 South, Range 26 East, in Collier County, Florida. The parcel acreage is approximately 252.67 acres. This property is bordered on the west by an FPL easement & Collier County Wastewater Treatment Plant, the north by the Golden Gate Canal, the south by the White Lake Industrial Park, and the east by undeveloped lands that are slated for industrial development. Description of Project City Gate will consist of light industrial, technological research, product development, storage and distribution, offices or a variety of utilitarian and commercial support businesses. Design Guidelines have been established so that basic architectural and landscape designs will be consistent with a character theme and landscaping. All buildings, signage, landscaping, and visible architecture infrastructure shall have a similar architectural theme and be aesthetically unified. Said similar architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. This application is intended to cover the entire property east of the FPL easement, however the portion of the parcel proposed for immediate construction is, "City Gate Commerce Park, Phase Two," and consists of94.94 acres. The balance ofthe property is intended to be conceptual at this time. In order show the full extent of the project, the intent of this ERP application is to account for wetland impacts on the entire City Gate parcel east of the FPL easement (252.67 acres). Offsite Mitigation Parcels Mitigation for wetland impacts on the City Gate property is being performed offsite through the purchase of 86.33 acres of land that was previously in-holdings in the Picayune Strand State Forest. See attached "Mitigation Parcel Summary" provided for each parcel for specific details of mitigation activities already performed. The parcel details are briefly described below (The attached monitoring maps have FLUCCS Mapping for each parcel): 40.34 Acre Sabal Palm Road Parcel-Picayune Strand State Forest (See attached location map) Purchase and restoration of 40.34 acres of wetlands near Sabal Palm Road within the Picayune Strand State Forest (identified by the DOF as a key parcel for their management activities). The parcel will be deeded to the Trustees of the Internal Improvement Trust Fund (State of Florida) for inclusion in the Picayune. The 40 parcel is made up of two smaller parcels with Collier County folio #'s: 00465240007 & 00464600004. Located in Section 27, Township 50 South, Range 27 East. CITY GATE COMMERCE PARK Monitoring & Maintenance Plan Page 2 Z:\Active Projects\C\City Gate 07-0068\EnvironmentaI\ERP\9-29-09 E-submit\Wetland Monitoring & Maint Plan.doc Exhibit 6.3 Application No. 050303-17 2of4 The following 3 parcels in the Picayune are adjacent to each other and total 45.99 acres (See attached location map). They are discussed individually below: "#3 Old Cluster A Parcel"-Picayune Strand State Forest Purchase and enhancement of uplands & wetlands in the northern Picayune Strand State Forest. The parcel will be deeded to the Trustees of the Internal Improvement Trust Fund .': (State of Florida) for inclusion in the Picayune. Collier County folio #: 00450800009. Section 6, Township 50S, Range 27 East. "Tritsch Parcel"-Picayune Strand State Forest Purchase and enhancement of uplands & wetlands in the northern Picayune Strand State Forest. The parcel will be deeded to the Trustees of the Internal Improvement Trust Fund (State of Florida) for inclusion in the Picayune. Collier County folio #: 00450880003. Section 6, Township 50S, Range 27 East. Second "Tritsch Parcel"-Picayune Strand State Forest Purchase and enhancement of uplands & wetlands in the northern Picayune Strand State Forest. The parcel will be deeded to the Trustees of the Internal Improvement Trust Fund (State of Florida) for inclusion in the Picayune. Collier County folio #:00450680009. Section 6, Township 50S, Range 27 East. Mitigation Parcel Exotic Removal & Maintenance Guidelines for Enhancement by Selective Exotic Removal (Hand Removal Only): • Each parcel will be walked and all exotic vegetation will be killed in a manner consistent with current exotic removal practices. Exotic vegetation will be determined by the latest exotic plant list published by the Florida Exotic Pest Plant Council. • All exotics will be eradicated using hand removal. Stumps will be treated with a recommended herbicide within 15 minutes after cutting. • Herbicides will be applied by a licensed herbicide applicator. Success Criteria for Exotic Removal • The parcels will be maintained, in perpetuity, in such a manor as to ensure that they will have no more than 0% total coverage of exotics and 0% total coverage of nuisance plants, as defined by the Florida Exotic Pest Plant Council. • There is a continual increase in indigenous wetland species composition within the exotic removal areas throughout the five year monitoring period. The mitigation areas will have 80% coverage by desirable native species. CITY GATE COMMERCE PARK Monitoring & Maintenance Plan Page 3 Z:\Active Projects\C\City Gate 07-0068\Environmenta£\ERP\9M29...Q9 E-submit\Wetland Monitoring & Mault Plan.doc Exhibit 6.3 Application No. 050303-17 30f4 Maintenance of Parcels Management activities will ensure that all mitigation parcels are maintained free of exotic plants in perpetuity. This is achieved by establishing a scheduled program to maintain the site free of exotic plants. The properties will be evaluated on an annual or semi-annual basis for exotic vegetation. Exotics will be removed as necessary to ensure that exotic and nuisance species will constitute no more than 0 percent of total cover. Preserve\Wetland Monitoring Plan The objective of the monitoring will be to determine the health of the mitigation parcels and make an assessment of exotic removal success. Monitoring will be conducted annually for five years and a report will be prepared and submitted to the SFWMD that documents the following parameters: • Panoramic Photographs at multiple locations (see attached monitoring maps for specific locations). • Vegetative cover along specified transects (see attached monitoring maps for specific locations). • Percent cover of nuisance and exotic plant species. • Wildlife observations during the field visit. A report summarizing the findings of the data gathered will be prepared. The report will evaluate the success of the exotic removal\maintenance activities conducted to date and any remedial activities that are necessary to ensure the success of the preservation areas. The following is the approximate work schedule for enhancement work and subsequent monitoring reports. .Completlon Date . MonltoFingActlvlty luly 21, 2009 Initial (Time Zero) Monitoring Report March 1, 2010 First Annual Monitoring Report March 1, 2011 Second Annual Monitoring Report March 1, 2012 Third Annual Monitoring Report March 1, 2013 Fourth Annual Monitoring Report March 1, 2014 Fifth Annual Monitoring Report CITY GATE COMMERCE PARK Monitoring & Maintenance Plan Page 4 Z:\Active PrQjects\C\City Gate 07-0068\EnvironmenLal\ERP\9.29.09 £-submit\Wetland Monitoring & Maint Plan.doc Exhibit 6.3 Application No. 050303-17 40f4 - ~. -"-):om o "'C ><_"'C ::T!')=a:_.(')w ... =:0') o·::J~ Z P o C1I o W o W I -" -....I INTERSTATE 75 FLUCCS LEGEND Zl.7 ACRE TRITSCH PARCEL CODE DESCRIPTION 321 PaImeIID Prairie 411 Pine FIaIwoods 621 Cypress 624 ~PaIm TlWlSECTwml ~UOMTORINGSTATIONS ... PtmOPOINTS(8) ~ ~ ~ ; ~12~3 8.2 ACRE TRITSCH PARCEL12.05 OLD ClUSTER A PARCB. De DAVIDSON ENGINEERING, INC. 3530 KRAFT ROAD, SUITE 301 NAPLES, FLORIDA 34105 DAVIDSON PHONE (239) 434-6060 FAX (239) 434-6084 ENG I NEE R I N G COMPANY 10. NO. 00009486 PICA YUNE 46 ACRES 1"=500' PROJECT: CITY GA1£ COMMERCE PARK WETLAND MONITORING .i ..: I\,)>mo "0 X_"0 ::::T 1\,)=0:(') _. 0) ~a> o·:::J ~ Z o a 0'1 a c..u a c..u I ..... -....J Saba! Palm Road sabal Palm Road I WETLAND MONITORING FLUCCS Legend (EXISTING CONDITIONS) l1WISECTWITH ~MOt<ITORINOsrATIOHSCODE DESCRIPTION 411 Pine Flatwoods ___PHOTQPOlNTS (5) 411 H Pine Flatwoods. Hydric t-~621 Cypress / 40 ACRE SABAL PALM MITIGATION PARCELDeDAVIDSON ENGINEERING~INC. 1"=400'3050 KRAfT ROAD, SUITE 301 NAPLES, FLORIDA 34105 PROJECT: CITY GATE COMMERCE PARK DAVI DSO N PHONE (239)434-6060 FAX (239)434-6084 WETlAND MONITORING MAP ENG IN!!I!R I N G COMPANY ID. NO. 00009496 i South Florida Water Management District Work Schedule Requirements Application No 050303-17 Mitigation Plan ID: CITY GATE PHASE" Activity SUBMIT RECORDED CONSERVATION EASEMENT SUBMIT ORIGINAL FINANCIAL ASSURANCE DOCUMENTATION SUBMIT TIME ZERO MONITORING REPORT SUBMIT FIRST MONITORING REPORT SUBMIT SECOND MONITORING REPORT SUBMIT THIRD MONITORING REPORT SUBMIT FOURTH MONITORING REPORT SUBMIT FIFTH MONITORING REPORT Page 1 of 1 Due Date 30-NOV-09 30-NOV-09 30-NOV-09 01-MAR-10 01-MAR-11 01-MAR-12 01-MAR-13 01-MAR-14 Exhibit No: 6.5 Roger B. Rice Attorney at Law 9010 Strada Stell Court Suite 207 Naples, Florida 34109 Phone: 239-593-8001 Facsimile: 239-593-1309 March 25, 2009 850NWN, LLC CG II, LLC Attention: Joseph R. Weber Attention: Joseph R. Weber 159 S. Main Street 159 S. Main Street Suite 500 Suite 500 Akron, Ohio 44308 Akron, Ohio 44308 Re: Management of City Gate Commerce Park Offsite Mitigation Parcels Dear Mr. Weber: By your signature below, please acknowledge for the SFWMD that the management of the offsite mitigation properties, which are described in Exhibit A, B and C attached hereto, will be the responsibility of 850 NWN, LLC and CG II, LLC until these parcels can be donated. The management of the offsite mitigation property includes responsiqility to complete: i) the wetland mitigation monitoring successfully, including meeting all conditions associated with mitigation, maintenance and monitoring, in accordance with SFWMD Environmental Resource Permit conditions; ii) Monitoring required by other permits, specifically, but not limited to an Incidental Take Permit. 850 NWN, LLC and CO II, LLC hereby acknowledge l'esponsibility for the above management of the offiJite mitigation parcels until the parcels can be donated. ~~W~ ~fw'b DBehalfOf850 NWN, LLC ~o II, LLC Dated: :J/J-~()' Dated: .3/z-"-/0 ,~ { ~ , Exhibit 6.6 Application No. 050303-17 1 of 4 --- C)(~ \6 IT A tv»m o "'C ><_"'C =r ~=:c:o _. 0) .... ::::!':O') o·::l 0') Z o o 01 o (.,) o (.,) I ..... -....I MAP OF BOUNDARY SURVEY LYDIC IN A PORTION OF SECTION 27. TOWNSHIP 50 SOUTH. RANGE on EAST, COLLIER COUNTY. 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JIGI:lIIIL GIDDKIE JUlICa D.mJK 1_ L 'ftDB 8UII¥BY' II c::amDD '1'0 'rDlW:I QJ' rmua ...AS .... ~.AIIIl "IIIZ.~ _ .._.... .. .~.IllUIB.'"JID'!''I''B~Dl1lL =;~==mB ~ -~-.....I 'ZBI: alaD'AL IlAIIIm BDJ., DftML or !IE&L SHEET: 1 rI 1 DE DAVID~ON ENG I N E ER I N G MANAGEMENT PLAN FOR LISTED SPECIES BIG CYPRESS FOX SQUIRREL (Sciurus niger avicennia) Project: CITY GATE COMMERCE PARK Location: Collier Boulevard, Section 35, Township 49 South, Range 26 East Prepared for: SonthFlorida Water Management District Date: November 14, 2007 Revised: January 8, 2008 3530 Kraft Road, Suite 301 . Naples, Florida 34105' Phone: 239.434.6060' Fax: 239.434.6084 www.day!dsonenglnearln9· com Davidson Engineering, Inc. Exhibit 6.7 Application No. 050303-17 1 of 6 Big Cypress Fox Squirrel (Sciurus niger av;cenn;a) Identification: The Big Cypress Fox Squirrel (Sciurus niger avicennia) is one of three fox squirrel sub-species found in Florida. It weighs approximately one to three pounds and averages 13 inches in body length (minus tail length). Their bushy tail can be up to 14 inches long. This size makes them noticeably larger than the more common gray squirrel. Fox squirrels are highly variable in color; from tan and reddish orange to black. Often the nose, front toes, and ear tips are white. ~ It generally ranges south of the Caloosahatchee River and is classified as Threatened by the Florida Fish and Wildlife Conservation Commission (FWC). Habitat: Primary habitats for the big cypress fox squirrel are open pine flatwoods, cypress strands, broad-leaf evergreen hammocks, mangroves, and oak forest. More urban habitats may include golf courses and residential areas with native vegetation. Fox squirrels spend a significant amount oftime on the ground foraging for pine seeds, cypress balls, and cabbage palm or palmetto berries, thus an open understory is critical. Optimal habitat for a fox squirrel has an open park-like quality. Life History: Fox Squirrels are usually active during the day and build nests not only for breeding, but for resting or sleeping. Leaf or stripped bark nests may be found in pines, cypress, cabbage palms, and melaleuca. They may also nest in tree hollows and bromeliad clusters. Litters of approximately 2 to 4 young are produced each year. The young are weaned at about 2 to 3 months of age. CITY GATE COMMERCE PARK MaJl8gemenl Plan for Lilted Species Poge 2 of6 Z=\AcUve ProJecll\C\CIl), O1lle 07·0063\Bn"lronlftflntaN!RP\4Ih SubmlltafIBlBCyp..... POI Squlrrel MP.doCJl Exhibit 6.7 Application No. 050303-17 2of6 Project Details: Project Location City Gate is located in the northeast corner of the 1-75 and Collier Boulevard (951) interchange, Exit 101 (former Exit IS) in Section 35, Township 49 South, Range 26 East, Collier County, Florida. Description of Project City Gate Commerce Park will consist of light industrial, technological research, product development, storage and distribution, offices or a variety of utilitarian and commercial support businesses. This management plan is intended to cover the entire property east of the FPL easement (252.67 acres), however the portion of the parcel proposed for immediate construction is, "City Gate Commerce Park, Phase Two," and consists of94.94 acres. The balance of the property is intended to be conceptual at this time. The surrounding landscapes include: East -Vacant Land West -FPL Easement \ South County Regional Water Treatment Plant (SCRWTP) North -Golden Gate Canal \ Golden Gate Estates South -White Lake Industrial Park Vegetation Community Summary "fable Per Entire Parcel For Phase Two FLUCFCS Code EXisting Acreaee Existing Percent FLUCFCS Code Existing Acreaee Existing Percent 321 27.00 10.7% 321 27.00 28.44% 3219 9.66 3.8% 3219 9.08 9.56% 411 167.68 66.5% 411 29.15 30.70% 422 1.47 0.6% 422 1.47 1.55% 424 3.08 1.2% 424 1.82 1.92% 424H 21.76 8.6% 424H 10.38 10.93% 427 0.67 0.2% 427 0.67 0.71% 624 2.01 0.7% 624 0.00 0.00% 740 7.01 2.8% 740 3.04 3.20% 832 12.33 4.9% 832 12.33 12.99% Totals: 252.67 100% Totals: 94.94 100% CITY GATE COMMERCE PARK Management Plan for Lillo<! Species Page 3 of6 Z:\Aellvo PIOJecll\C\Cit)'o.t,07-0068\1!nvlJoDlD4ln.IIJ\I!RP\41h 8ubml1l1NJla CyPICU Pox Squml MP .doex Exhibit 6.7 Application No. 050303-17 30f6 Name: Saw Palmetto ~ FLUCFCS 321 Acreage: 27.00 Acres Description: This community dominates the northwest quadrant of the site. Canopy contains widely scattered slash pine. Midstory includes dense saw palmetto of varying densities. Other vegetation present includes pennyroyal, rusty Iyonia, southern sumac, grapevine, and buckthorn. Name: Saw Palmetto, Disturbed ~ FLUCFCS 3219 Acreage: 9.66 Acres Description: This community is found in the northeast corner of the property. Canopy is absent. Midstory is nearly absent, consisting of occasional saw palmetto. Dominant groundcover is dense grapevine that has furmed thick mats. Other vegetation includes bracken fern, Caesar weed, and poison ivy. Name: Pine Flatwoods Code: FLUCFCS 411 Acreage: 168.29 Acres Description: This community is dominated by slash pine with scattered cabbage palm in the canopy. Midstory includes saw palmetto. Other vegetation present includes buckthorn, wax myrtle, grapevine, poison ivy, beautyberry, Caesar weed, pennyroyal, rusty lyonia, Brazilian pepper and myrsine. Name: Brazilian Pepper Code: FLUCFCS 422 Acreage: 1.47 Acres Description: This community is found adjacent to the Golden Gate Canal. It consists of a dense Brazilian pepper monoculture. Densities are near 100 percent and have shaded out nearly all other vegetation. Name: Melaleuca Monoculture Code: FLUCFCS 424 Acreage: 3.08 Acres Description: This community is found in patches throughout the property. Canopy and mid story are 95 to 100 percent melaleuca. Groundcover is nearly bare and is limited to grapevine and poison ivy. Name: Hydric Melaleu.ca Monoculture ~ FLUCFCS 424H Acreage: 21.76 Acres Description: This community is fuund in two patches on the property. The patch in the southwest comer of the property is extremely dense, approaching 100 percent cover. The patch in the center of the property varies in density from approximately 25 to 95 percent cover. Slash pine and cypress are widely scattered throughout. Groundcover is nearly bare and is limited to occasional swamp fern. CITY GATE COMMERCE PARK Management Plan (or Lialed Speciea Page 4 0(6 ZMcltva Prujccll\OClty Oat6 O1-0068\Dftvlronm,nIII\DRI\4UI SubcnlnlPI.Bl1 Cyprell Pox Squirrol MP.doCA Exhibit 6.7 Application No. 050303-17 40f6 Name: Live Oak ~ FLUCFCS 427 Acreage: 0.67 Acres Description: This community is located in the northeast portion of the property. It is dominated by live oak in the canopy. Midstory and groundcover is made up of dense saw palmetto. Name: Pine-Cypress-Cabbage Palm Code: FLUCFCS 624 Acreage: 2.01 Acres Description: Canopy vegetation includes slash pine, cypress, cabbage palm, and dahoon holly. Other vegetation present includes swamp fern, Caesar weed, grapevine, saw grass, buckthorn, smilax, poison ivy, and wax myrtle. Name: Disturbed Lands ~ FLUCFCS 740 Acreage: 6.40 Acres Description: Disturbed lands include a swath of County cleared land along the Golden Gate Canal and an old hunting! swamp buggy trail that runs northeast through the property. Vegetation in these areas is generally absent. ~ Florida Power & Light (FPL) Easement Code: FLUCFCS 832 Acreage: 12.33 Acres Description: An FPL easement forms the western border ofthis phase of development. Big Cypress Fox Squirrel Management on the City Gate Site The main focus of this management plan is to prevent incidental take of fox squirrel nests during construction activities and to maintain Big Cypress Fox Squirrel habitat within the Required Yards on the property after it is developed. This will be accomplished by preserving suitable habitat and enhancing it through exotic removal. Preservation and Enhancement In 2003/2004, the County adopted amendments to Division 3.9 of the prior LDC. This cited LDC division requires that the native vegetation to be preserved on site be set aside in a separate preserve, which is inconsistent with City Gate's vested plan ofdevelopment. In the vested Development Order, native vegetation east of the FPL easement is preserved in "Required Yards". These include minimum parcel sizes oftwo (2) acres, with minimum yard requirements of 50 feet front and rear, and 25 feet side, with a maximum of20% of required yards devoted to parking or vehicular drives. Also, it is required that at least 30% of each parcel must be devoted to natural and/or installed landscape areas. CITY GATE COMMERCE PARK Management Plan fGr Listed Species Pago 5 of6 Z:'\Aollyo ProJCCI.\C\Ciry 0810 ONI)68'IJJnvlronmcnlll\BRP\4th Submlull\Bi. CyPI'OI' PDX Squml MP.dac:x Exhibit 6.7 Application No. 050303-17 50f6 Enhancement by Exotic Removal Required Yards will be enhanced by exotic removal. Guidelines fur Enhancement by Selective Exotic Removal: • The Required Yards and preserve areas will be walked and all exotic vegetation will be killed in a manner consistent with current exotic removal practices. Exotic vegetation will be determined by the latest exotic plant list published by the Florida Exotic Pest Plant Council. • All exotic vegetation will be manually (hand) removed. Stumps will be treated with a recommended herbicide within 15 minutes after cutting. • Herbicides will be applied by a licensed herbicide applicator. • The Required Yards and preserve areas will be maintained in such a manor as to ensure that they will have no more than 0% total coverage of exotics and 0% total coverage of nuisance plants, as defmed by the Florida Exotic Pest Plant Council. Pre-Construction Precautions The limits of the Required Yards will be flagged or otherwise marked in the field prior to construction activities on each specific lot in order to prevent accidental encroachment into these areas. Immediately prior to any construction or clearing, the lot slated for development will be re surveyed for fox squirrel nests. If no nests are found, the clearing will be allowed to commence. Ifany nests are observed, buffers of 125 feet will maintained around each nest tree until the nests are found to be inactive or abandoned. In order to consider the nest inactive or abandoned, it will be observed on 3 consecutive days during the morning or evening hours. If no squirrels or sign of activity are documented in the 3 days, FWC will be contacted and the tree containing the nest will be removed and the clearing of the area will commence. Perpetual Management Management activities will ensure that all Required Yards and preserve areas are maintained free of exotic plants in perpetuity. This is achieved by establishing a SCheduled program to maintain the site free of exotic plants. The properties will be evaluated on an annual or semi-annual basis for exotic vegetation. Exotics will be removed as necessary to ensure that exotic species will constitute no more than 0 percent of total cover. Future changes to the management activities outlined above will be submitted to the Florida Fish and Wildlife Conservation Commission (FWC) for approval prior to implementation. CITY GATE COMMERCE PARK Mlnlgement Plan for Lisled Specloa Pege6of6 Z:\Actl..,c PIOJocla\C\CKy Olio 07-006WJn'lkonmtnlf,~RP\4Ih SubmkllNJI, Cyprell }lox SqubNl MP.doc.c Exhibit 6.7 Application No. 050303-17 6of6 \ w >. ::i:D:: ..J 0 Q'Z (jl~ I\ ;-'--. I . "l -_.. I "',,---' . f I , ... 1 Ol - ! ~.--'1 PANTHER CROSSING LOCATION _.'~ L I / ,.' {i--_...._.._--,.' iJv= \ ,....... J! . Immokalee .. ~;; \ . .. ;'~ '\\ JI i .l-_..J;~~...i.._-"""--""'C"'ros"'S---lng-LO~~lbn , I .. "" .e!li; DAVIDSON ENGINEERING. INC. j -3530 KRAFT ROAD, SUITE 301 . NAPLES, FL34105 ~ 1l(l9;;.9~ PHONE: 239-434-e080 PROJECT: CITY GA"rE FUNDED PANTHER CROSSING Exhibit 6.8 Application No. 050303-17 1 of 1 STR: Section 30, Township 49 SQ\lth, Range 27 East Location: Localed north uf Markley Avenue in the North Belle Meade. Access via landfill road and Washhurn Avenue to Markley Avenue (Graphic J) -1 11 -: ,I-i-,t-rl inri n-~ I ~llj J1JU __ --l~ - -r--• ,----JWt#,tlJ:-.J _c.rMer_... ! ~,.""-~-",,,-- -------- G,.apl1ie 1. /6 Aere North Reife Meadt' Parcell-ocali()" Map. Exhibit 6.9 Application No. 050303-17 1 of 2 ---- STR: Section 06, Township 50 South, Range 27 East Location: Located south ofl-75 approximately 2.25 miles eastofCollier Boulevard in the Picayune Strand State Forest (Graphic 17). ~-• .-.. ~LEOEIiIO .~a..e--_ • 1CJ'~ lJl'~ Graphic 17. Location Map, Picayune 324 acres. Exhibit 6.9 Application No. 050303-17 2of2 o ~ o., , Return recorded docum~nt to South Florida Water Management District 3301 Gun Club Road. MSC 4210 West Palm Beach, Florida 33406 THIS DEED OF CONSERVATION EASEMENT is given this =-~_---:---. day of , 2009, by Antonio Faga. as Trustee under Land Trust Agreement dated 11/13/03 (UGrantorll), whose address is 7955 Airport Road North. Suite 101, Naples. Florida 34109 to the South Florida Water Management District ("GranteeU ) and joined by Citygate Development LLC, a Florida limited liability company, 850 NWN, LLC, a Florida limited liability company and CG II, LLC, a Florida limited liability company (llpermittee fl ), whose mailing address is 159 S. Main Street. Suite 500, Akron, Ohio 44308. As used herein, the term "Grantor" shall include any and all heirs, successors, or assigns of the Grantor, and all SUbsequent owners of the "Property" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Permittee desires to construct City Gate Commerce Park ("Project") at a site in Collier County, Florida, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District''); and WHEREAS, the Permittee is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein ("Project Property"); and WHEREAS, District Permit No. ("Permit") authorizes certain activities which affect waters in or of the State of Florid~; and WHEREAS, this permit reqUires that the Permittee preserve, enhance, restore, and/or mitigate wetlands and/or uplands under the District's jurisdiction; and WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit "s" attached hereto and incorporated herein; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit and at the behest of Permittee, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the area described in Exhibit "B" (Conservation Easement Propertyll). Form 1190 South Florida Water Management District Exhibit 6.10 . Application Nd. 050303-17 1 of 13 WHEREAS, Permittee joins in this Deed of Conservation Easement; and NOW THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates. and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the property described In Exhibit "B" which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants, or wildlife. Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained as enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement. a. To enter upon the Property at reasonable times with any necessary eqUipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably Interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged by any inconsistent actiVity or use. 3. Prohibited Uses. Except for restoration, creation, enhancement. maintenance, and monitoring activities, or surface water management improvements, or other activities described herein that are permitted or required by the Permit, the following activities are prohibited in or on the Conservation Easement: ... Fonn 1190 South Florida Water Man~gement District E-xnibit 6.1 (j Application No. 050303-17 . 2 of 13 a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash. waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with the District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Sulface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to. ditching, diking, and fencing; g. Acts or uses detrimental to such aforementioned retention of OJ .---..-,E; and or water areas; ato _ C' h. Acts or uses which are detrimental to the preservation of the (/) t-::::0 tructural integrity or physical appearance of sites or properties having historical, rrt » !:2 rchaeological, or cultural significance. ~~ en (""") ~ E:3 rn ~ en 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of ~ ~~ he Property, Including the right to engage in uses of the Property that are not ~ :s:: rohibited herein and which are not inconsistent with any District rule, criteria, gj I-_--'~ ermit and the intent and purposes of this Conservation Easement. 5. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep, or maintenance of the Property. 7. Property Tax.es. Grantor shall keep the payment of taxes and assessments on the Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such Form 1190 South Florida Water Management District Exhibit 6.10 Application No. 050303-17 3 of 13 payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement Parcel which shall automatically related back to the recording date of this Conservation Easement. Grantee may foreclose this .lien on the Easement Parcel in the manner provided for mortgage on real property. 8. Enforcement. Enforcement of the terms, provisions, and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereu'nder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign Its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such Interests under the applicable state laws. 10. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequ~nt deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. 12. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in~interest. 13. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns, or successors-in-interest, which 'shall be filed in the pUblic records in Colller County. Form 1190 South Florida Water Management District Exhibit 6.10 Application No. 050303-17 4 of 13 .i . IN WITNESS WHEREOF, Antonio Faga, as Trustee under Land Trust Agreement dated 11/13/03, (Grantor) has hereunto set his authorized hand this 'al s'" day of &/0 1JM;j ,2009. Grantor: ANTONIO TRUST By: Signed, sealed, and delivered In our presence as witnesses: By:rei· L' ~ By: -~-.g~te:...ur=e=-·...Jll' ~==---- Name: kULlJifA. A. ?B Ihbelli' 'krc J3, J?",<.-<-.Name: Print Print--' STATE OF FLORIDA COUNTY OF COLLIER On this 9-1 Sol-day of r 2009, before me, the undersigned notary public, arsonal! ppeared Antonio Faga, as Trustee Under Land Trust Agreement dated 11/13/03. He is.l<f personally knQwn to me or [ I has produced a Florida driver's license for identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~B&C~_.R_ID_A _ Name: Laura .A·~ 2a~j\.6et .......h _ Printed Name My commission expires: _-----=3::-lu.<(t--"'&-Iw....L,.".,OL-- _ NOTARY PUBUC-STATE OF FLORIDA Laura A. Zambelli ~Commission # DD531645 E"pIres: MAR. 22, 2010 Bonded l1uU Atlantic Bonding Co., Inc. Form t 190 South Florida Water Management District Exhibit 6.10 Application No. 050303-17 5 of 13 I I'\, , Joined by: CITYGATE DEVELOPMENT. LLC, a Florida limited liability company By: If Sign By: STATE OF Oh/o--==--'--~--- COUNTY OF 0Udl11./.,t On this ~ ti day of VtU..a~ , 2009, before me, the undersigned notary public, persona'fly appeared Joseph R. Weber, who subscribed to the foregoing instrument, as the Vice President of Cilygate Development, LlC, a FlorIda limited liability company, and acknowledged that he is the same on behalf of said company and that he was dUly authorized to do so. He is M7personally known to me or [ ] has produced a _____ (state) driver's license for Identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF ()h/o ~ref.~4.e Name: !/1111e. ~ i"e.WSt',z Printed Name My commission expires: tJg 140 b~()9 Fonn 1190 South Florida Water Management District Exhibit 6.10 Application No, 050303-17 6 of 13 Sign I sealed, and delivered in our presence as wit 855 By: auf.~ Jigna1ure Name: f/-1111~ Eo ll.kse.4 Print STATEOF OJ//;--=~-=----- COUNTY OF 0t.itt-tid: . On this 1061 day of ~ I 2009, before me, the undersigned notary pUbii6,~y appeared Joseph R. Weber, who subscribed to the foregoing instrument, as the Vice President of 850 NWN, LLC. a Florida limited liability company, and acknowledged that he is the same on behalf of said company and that he was dUly authorized to do so. He is [~personally known to me or [ ] has produced a (state) driver's license for identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF !tIu.o ~f.~Ignature Name: t1tt1?~ £: ilL~sel7 Printed Name My commission expires: ....::Z)::;...!=-h'-=t):;.a.3~/Udl=:..=:;.=.'-_ ,·"O:<.·~"iA't:; ..~ I~..ANNE E. PETERSEN~(\ !. l 1 Resident of Summit COUnly \ Norary Public, Slate of OhIo"~~re: OF Q'i-f) My commissIon exp~8s 08103/2009 ..••••••61...'·.... Form 1190 South Florida Water Management District Exhibit 6.10 Application No. 050303-17 7 of 13 By: ·aIJJq.~ By: eure Sig ature Name: . Anne. 6, llkrsen Name: ~L=II,-,-r."-7'f17~....;;;;c...-------- Pri~ Prt~ ST~TEOF-=~~~~ __ COUNlYOF~ On this RJ4 tL day of ~ , .. I· Signed, sealed, and delivered in our presence as wit 2009, before me, the undersigned notary publi#, personady appeared Joseph R. Weber, w.ho subscribed to the foregoing instrument, as the Vice President of CG II, LLC, a Florida limited liability company, and acknowledged that he is the sam~/ on behalf of said company and that he was duly authorized to do so. He is ["f personally known to me or [ ] has produced a (state) driver's license for identification. IN WITNESS WHEREOF, I here~~et my hand and official seal. NOTARY PUBLIC. STATE OF ~~ ~1,~ gnature Name: ,4nl1e .£, ~W.stt1 Printed Name My commission expires: _"_t"'-JIc _....43-=4(-:2«8='>O«-.L I~O:{p:\\iAti~ ANNE E. PETERSEN { . \ Resldmtof Summit County \ . J Notary PUblic, Stlte of OhIo \ •.~'t"'.§..CJ.f..?'S.o/ My commIssIon expIres 08/03/41009 Form 1190 South Florida Water Management District Exhibit 6.10 Application No. 050303-17 8 of 13 Exhibit A Project Description of Property Fonn 1190 South Florida Water Management District Exhibit 6.10 Application No. 050303-17 9 of 13 HMA File No. 85.23HOLE, MONTES AND ASSOC., INC. 9/30/86 CONSULTING ENGINEERS -LAND SURVEYORS Sheet 1 of 2 PROPERTY DESCRIPTION The North half of Section 35, Township 49 South, Range 26 East, Collior County, Florida L~SS the West 100.00 feet thereof for right-of-way purposes and LESS the following described parcels: A purcel of land being a portion of the Northwest quarter of f0~tinn 35, Township 49 South, Runge 26 East, Collier County, l'llll'jlHl. Beinrr more po.rticulal·ly doscribed as follows: Con·'lTIllncin~ ut tho qm\l'tor Scctio11 corner, common to Sections 34 nnd aG, Township 49 South, Range 26 East, Collier pounty, Floridll. Said quartor corner being marked with a 4" x 4" concrete monument having 0. 3-illCh brass cap attached to the top theroof, with a 3/4-inch iron pipe; thence along the Section line between said Sections 34 and 36, North 00°29'15." West, 1,382.43 feet to a point on the centorlrne of the proposed Acoess Road No. 1 as shown on the S~ate of Florida Department of Transportation Rig'ht-of-Way Map for Stato Road No. 93 (I-75) Sheet 8 of 10; thence along said conterline of the proposed Access Road No.1 North 89°31'01" Eust, 100.00 feet to a point on the East right-of-way line or u cnnal, soid point olso being ou thD centorline of the proposed aocess road to the wate~ treatment plant parcel; thenoe along said East canal right-oi-wuy line 4 11North 00°29'15" Wost, 50.00 feet to a x 4" ooncrete monunlent marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parael; and being the true POINT OF BEGINNING of the parcel to be herein described; thence-a1oni~he-Nort~lineof said access road right-oi-way North 89°31'01" East, 466.51 feet to a 4" x 4" concrete monument marking tho intersection of said North right-ai-way with tho West »boundary line of the water treatment plant parcel; thence along o ~llid West boundary lino North 00°47'14" East, 994.98 feet to an e.n. ;:glron rod on the Westerly right-of-way of a strip of land 170 feet ~ ~n width for a Florida, Power & Light Company (FPbL) right-at-way co. ~s described in Offioial Recorda Book 681, Page 1210. Collier ~ ~ounty Records; thence ~long said Westerly FP&L right-ot-way e:,., :::2J.'forth 31°30'28 11 East. 70.02 feet to an iron rod; thence, ";-. zcontinuing along'said Westerly FP&L right-of-way South 58°30'03" ......... ~ast, 761.56 feet to a 4" x 4" oonorete monument; thence -'I eocontinuing along said Westerly FP&L l'ight-of-way South 00047'14" 4 11gJVest. 1.066,70 feet to a 4" x concrete monument; thence oontinuing along said Westerly FP&L right-of-way South 00°47'14" WeBt, 332.74 feot to an iron rod ma~king the intersection of said Westerly FP&L right-of-way with the South line of the North half of the South half of the Northwost quarter of Section 35, Township 49 South. Range 26 East, Collier County, Florida; said point also being the Southeast corner of the p~roel being herein describod; thence along said South line of rtAl1~iflt~i,lt\~~~?Afi~~ South half of the Northwest quarter of Sect 89°04'40" West, 690.82 feet to a 4" x 4" 00 Ext,. "A " 10 of 13 -------------- ~OOA File No. 85.~3 9/30/86 Sheet 2 of 2 point being the Southwest corner of the parce'l being herein described; thence along the West boundary line of said parael North 00°47'14" East, 653.80 feet to a 4" x 4" conCl'ete monument marking the intersection of the West boundary of the water treatment plant parcel with the South rirrht-of-way of the proposed access road to the water treatment plant parcel; thence nlon~ anid South right-ot-way South 89°31'01" Wast, 454.28 feet to a 4" x 4" concrete monument marking the intorsection of said IIC~r~"I~I; I'oed South rir,'ht-of-wfly with tho East right-of-way of a ('j 1;j11 i tll(;UCC alone: sulci C.'t:l:tl.l l::cct l'i~."ht-of-wo.y North 00°29' 15" \'ICfl t 100.00 fee t to the PO!N'i' OJ! BEGINNING. AND A portion of the North half of Section 35, Township 49 South. Range 26 East~ being desoribed as follows: Begin on tho South line of the North half of said Section 35, at n point North 89°00'01" East 100.00 feot from tho Southwest corner 01 the North half of said Section 35, thence run North 00°29'15" West, 1,334,19 feet, thence South 04°21'08" East, 29G.D2 feet. thoncc South 02°4G'25" East, 7GO.60 feet to the l>(lginllint~ of a curve COllCt\VC to the Northeastorly havin~ 1\ radius of 336.00 feet. thenco run Southerly along said curve 240.58 "feet, through a central angle of 41°01'29" to the end of said curve, thence South 43°47'54" East. 94.86 feet to the South line of the North half of said Section 35, the~lce South 89°00'01" West. 206.2'1 feet to the POINT OF BEGINNING. APPLICATION NUMBER AND 050 3"03 .. 17 A portion of the North half of Section 35, Township 49 South~ Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at n point North. 89°00'01" East, 306.27 feet from the Southwest corner of tho North half of said Section 35, thence run North 43°47'54" West, 94.80 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Northwosterly along said curve 240.58 feet through a oentral angle of 41°01'29" to the end of said curva, thence North 02°46'25" West, 750.60 feet, thence North 04°21'08" West. 296.92 feet, thence North 00°29'15" West, 85,00 feet. thence North 89°31'01" East, 64.42 feet, thence South 04 0 21'08" Bast. 378,34 feet, thence South 02 0 46'25" East, 751.66 feet, to the beginning of a curve concave to the Northeasterly having a radius of 266.00 feet, thence run Southeasterly along said curve 190.46 feet, through B oentral angle of 41°01'29" to the end of said curve. thance South 43°47'54" East, 159.68 feet to the South line of the North half of said Section 35, fect to the POINT OF BEGINNING. Containing 287,187 acres. more HOL.E. MONiSS Be JAN 272009or less. thence South V'I~~I~BA~ ~tU~u IVI '. AFFIDAVIT OF NO MORTGAGE OR LIEN This Affidavit of No Mortgage or Lien is made this ,:(fp#-day of 1~,200~, by Antonio Faga, as Trustee under Land Trust Agreement dated 11/13/03, whose address is 7955 Airport Road North, Suite 101, Naples, FL 34109 (hereinafter referred to as "Owner"); and Owner owns the properties located in Collier County, Florida, which are more fully desoribed in Exhibit "A" attached hereto and made a part hereof; and Owner hereby swears and affirms that the properties described in Exhibit A are not encumbered by a mortgage, lien, or other encumbrance which would interfere with the purposes or intent of the Conservation Easement. IN WITNESS WHEREOF, Owner herein has caused these presents to be executed in Owner's name on the day and year first above written. (Remainder of page left intentionally blank) APPLICATION NUMBER 05030 3 -17 Exhibit 6.10 Application No. 050303-17 12 of 13 INDIVIDUAL NOTARY PAGE hereunto set its authorized By: ustee under Land Trust Agreement dated 11/13/03, Si~ne.d, sealed and delivered i~ our pre~en~~ses: , By. d/JJAA~ ~-<By. Print Name: W!Q A,7l1iN./:Xf/t· Print Name: ~«" '3 'It C::: ~ State of f/O(I k County of {oil .......... ! P(__ The foregoing instrument was acknowledged before me this ;l1J''''''day of 1ekw.~ . 200!, by Antonio Faga, as Trustee under Land Trust Agreement CJated 11/'3/03. who is personally known to me or produced __________ as proper identification. . NOTARY PUBLIC-5TATE OF FLORIDA Laura A. Zambelli . Commission #DD531645~ Expires: MAR. 221 2010 Bonded Thru:Atlantlc Bonding Co., tnc:. Commission Expires: 3 ..J.').-/ () 2 Exhibit 6.10 Application No. 050303-17 13 of 13 ro, ... ~ts "'~ ~cr: I r:;u~ I ~ ~~ I « >ae. o~jEili a:: ;;> ~I ~ I",Ii! I.L.. o .1 ~l cnJ-'-._:I: o~ 10(2 ""'w'0 ;:~ ~ ~~ '" ~ It) l:i (I) ~~ Q:: ~ t ~ ~ lS ~ i I ~ ~ s ~ !i: ~ I .. ::I o ~... I I -; I ~~ SKETCH OF DESCRIPTION ,·~t 0·1,':g;!,NOT A SURVEY ~t:i<f s OS'05'OI' E ~::..,.. ~~f.i~~".~t l's15~~~! -,=~:m~~LR l's",,,,l's .,:01 ;:~~~~~=~~ .. ·0;CO :.;::::;rti~ ,I :I:~~~~g! ..., cui'~~ I 42SA I UNPLATTED ~ ......&S!2i" lO :c ~··N~~!l;;l3§ ~ ~ ~ ~ ~ s oS ~ ~ ;;; I to ~ :c OJ,1oI~j§"J!:o:8l:! C\I X Ql. 0~gB~:O''''':I l()I ~~s52~g ..w«; ..... ; I. 074. 7' :Z:.t"'S 3t' ROBINE1TE AND EATON LAND SURVEYING. INC. .3470 1ST AVENUE N.W. NAPLES. FLORIDA 34120 PHONE: (239) 353-0085 FAX: (239) 35.3-052.3 cu EN T: ANTONIO FAGA, TRUSTEE 11/19/08 LEGAL D£SCllIP11ONS WARRANTY OED> (0Ffl0Al. RECORDS BOOK 3860. PAGE'S 926 ANf) 927) '!HE \\EST HALf' (Wl/2) OF 'll1E t«lRTHEAST Q'lE QlJARltR (11£1/4) ~ THE NORTHEAST etlE QUAR'TER (N£\/4) AND lHE HOR1HWEST ONE QUARTER (NWI/4) OF THE' SOOlHEAST ONE: QUARTER (SE1/4) or niE NCRTH~ ONE QUARlER (NWl/4) LESS mE NORlH 4-25 FEET OF SEC'llON 6. TOWNSHIP SO SOUTH, R/>.NGE: '17 EAST. COl..UER COUNTY, FlORlOA. COl..UER COUHlY. FLORIDA. rouo tlo. 004506B0009. WAARAHTY tlEED (OFFICIAL RECORDS BOOt< 3748, PAGES 2609 AMJ 2610) 1HE SOUlH HAlF (51/2) or lHE SOUiliEAST QUARTER (SE1/4) Of 1HE SJU'lliEAST ClUARlER {~/4-) OF 'THE NORTHVoEST QUARtER (tiM /4) OF SECTJOl4 6, TOllNSHIP SOSO\J1H, RANGE 27 EAST. !'S RECORO£O IN OR. BoOK 404. PAGE 938, COUJER CCON1Y, ~A. PARCfl. lOENTIF1CA1la'l NUI.IIlER 00450880003 SAIO l.Af«) COoITAlNlNG 45.99 ACRES MORE OR lESS. ....."""""-"OQWll HEREON ARE BASED ON AN ASSUMED BEARtfG or NS4'OJ'46"'YI UN£: or niE NORil-I'IlEST QUARTER OF SECTION 6, TO\'lt&!IP 50 T1 EAST. COlLIER COUNTY, FLORIDA. FINAL J.JClQlENT (0FF1CIAL. RECORDS 800K 39'\1, PAGES 1669 ANO. 1670) 1HE SW QUARTER (SW 1/4-) OF THE SOUTlfEAST QUAR'Im (SE 1/4) OF 'IllEINORtHWEST ClUAR1ER (NVI 1/4) IN SEC'llON S. 'l"O'o'NSHlP 50 SOU'TH, RANGE 27 EAST. A PARtu OF LAND lEN (10) ACRES OR MORE OR lESS. ~vr& UtY----P.s.u.. OAl[: ~ROBINETTE. P.s,t.f. No. 4944 DA C. HOlMAN. P.s.t.!. No. 6279 ROBINETTE-EATON. INC. LB 5982 NOT VAUO WllHOUT ThE S1GNAnJRE AND THE ORIGINAL RAISED SEAL OF THE FLORlOA UCENSED SURlit:YOR AND WAPPER. DRA'!'lN: O.c.H. CHECKED: J.P.R. DATE: NOVD.lSER 19, 2008 ACAO DWG.: 27.D720ESC ,oous ",.t 7,.:63' J57.J1· ~'<I6"S8"Ej!:",~~<!§ ~ ~l!l 357.3'1' ~j!; u\ll§ ~ :(_ l!5~~~t ~ .. l!llll~'" >I_:Il~ !'s","'Z ! .. ~~~d~; ml!5d ~ THE WEST HAlF OF niE NCR1IiEAST ~~ j5Z igii ~m. ,,~OUIlRlER OF THE NOR11'lI'ItSJ' 0llAR1ER '" a:::~~g 8~if B~lhil5~ hLESS THE NORtH 425 FEET or SECl1CH 6. Col; liii~ §§Sl: ..~~51~S w'JO'MlISllIp SO SCA.ml, RANCE Xl .EAST. ~ CQJ..ER COONTY. FlORIOA {::. !I;;B~§ I ..r; ~..i ..t.>~ ~i9iilniS~~g; i!i~ii~ 2-:(~~~=:=:~::1"Ml~ :£a~i": i s~ ~~~~~ !i:g ..~gg ~ "'..!.... .., :z: .~ j!; z699.45' II· N 02'25'29"W 1398.89' N 02'25'29-W 972.73' 1UNPLATTED I ~ ~ 400 0 200 400 1~ ~~ ~~ I /: SCALE: 1" '" 400' z SECIION S. rotIIISHIP 50 SOUTll., fWlC£ 'r1 EAST l'IEST LINt CF 11£ NOfl'1lfI'4m" CUAAltR /--- -~' - -_ _ 1.1 00'28'18" E ::681.35' WEST QUARTER CORIl£R CF SEClION 6 TQINSIGP SO SOOtH. RANGE Xl EASt' SECI!ON 1. ~SHP 50 SOUtH, _ 26 £AST o lIJ l: <...l l:l.. Z ::> J& ,..,. '-c -- I ~ "'" SECllOK 22. 'IOttiSIiI' 50 SOUTH. RANCE Xl EAST ~so~~~iIsr ~~~~~~2'1. UNPU\nED - _ ~ 87"+4'13" 1l'2692M __ SABAL PALM ROAD IKR1Il LINE ~ 'lH£ HORlHUST NOIllllUHt OF" TIlE" NQRlH'/IEST 04N1.ff1lJ -S 87'44'13" E 673.16' - I SECilCW Xl, ~ 50 SOU1ll. RAll(;E Xl EAST ~r t a::~~N ~ J ~~ ZI--~ Joo 0 150 300 10 :)ocn 0 "i= LJq: :z~_. ~ UN~TlID .4J <.>« N I-W ~ C/)C/)~«~ l.!J Oeo<>:SCALE: 1· = 300'., $u..wi'E"l ;;;'" !'J ~000~oI; z ~f5~i:i zl-~>=a.S 87'51'33" E 134-3.90' Q: I-•19 w<;(::i ....:)I'-'z .... Q C1l ~ ~O:)5;:';.. C1l NORlH-SCUlK QUNm:R ~" .0 u..!n~<.>6 I() Oq: ~o 10 THE SOU1rl HALF OF THE NOR1rlEAST QUARTER u..wO Wlll ~ ~ -'rIO::;(/)<W OF .THE NORTHWEST QUARTER OF SECTION 27, li' «I--,0c[ TOWNSHIP 50 SOUTH, RANGE 27 EAST, ::1 ra::£:o€5 z 1-0i75u~:::> ~ COWER COUNTY. FLORIDA cnzz Il:en ~ ... (OFFlClAL RECORDS BOOl< ;3444, PAGES 2624 AND 2625) r< I,&Jw~ oJ o :$::r:o oct z 1-1-'-U(5 lLl ru.. 1::: TQTAL PARCEL = 40.34 1>.CRES MOREIOR LESS F"O 2. . C"""""""",. z, "_..,_," ~ •."......."~ j N 87'57'47" W 2013.39' WEST UN£ OF" '11£ N<lRlInlEST QUARiEll .. Ig UNPLATTED UNPLATTED I~ '1~SKETCH OF DESCRIPTION •::""'........... ~ ""'" ", NOT A SURVEY . TO'lIISlilP so SCUlll, twiG( 27 EAST ROBINETTE AND EAIDN LAND SURVEYING, INC, 3470 1ST AVENUE N W NAPLES, FLORIDA 34120 PHONE: (239) 353-0085 FAX: (239) 353--0523 CUENT: ANTONIO FAGA, TRUSTEE LEGAL DESCRIPTION WARAANTY DEED (OFFlClAl RECORDS BOOK J444. PAGES 2624 AND 2625) THE v.£ST 1/2 OF' "!HE NORlHWEST 1/4 OF "THE NCRTHEAST 1/4, SECllON 27, TO~SHIP 50 SOUTH, RANGE 27 EAST, COUJER COUNTY. FLORIDA. ~ AND ..f THE SOOTH 1/2 Of' NORTHEAST 1/4 OF THE NOR"!HWESTo I')1/.... SECllON 27. TO\\mHIP 50 SOUTH. RANGE 27 EAST,... COUJER COUNlY, fLQRIOA. 3: SAID LAND CONTAINING 40.34 ACRES MORE OR LEss. ~ I') BEARINGS SHOWN HERECX'l ARE BAS£[) ON AN ASSUt.4EO!'J"'"BEARING OF 587'44'lJ"E ON "THE NORTH UNE OF' lHE00 NORTHEAST QUARTER OF SECTION 27. TOWNSHIP 50 C/)~ SOUTH. RANGE 27 EAST. COLUER COUNTY, FlORIDA. oct oJ ~ ;;;) faa P'M. DAm =• R08lNET'TE. P.s.M. No. 4944 DAVII) C. HOUlAN P.5.IL No. 6279 ROBlNE'TTE-EATON. INC. LB 5962 NOT VAUD WITHOUT '!HE SIGNA TlJRE AND lliE ORIGINAL RAISED SEAL OF THE F1.ORIOA UCENSED SURVEYOR AND MAPPER. DRAYtN: D.C.H. CHECKED: J.P.R. CAre NOVEl.iBER t9. 2008 ACJtl) DWG.: 27.0710ESC C"') o C"') o LO o o z ~ c ~ 0 <0:0:: .--~().0.-N:c 0.. ..... >< a. 0 W«N ~~ .11I1Il2 r-.Hm 111lI1 National City, South Florida Water Management District (Districl) GLOBAL TRADE SERVICE!-; r"S37 STANDBY LETTER OF CREDIT IJE':'Mrrr~=II,P.O. Box 24680 P.O. BOX 5101 CLEVELAND, OH 44101-11101 U.S.A.West Palm Beach. FL 33416-4680 '_.0-•__•.~_ Addn:ss Ilrlssuing InstItution Dear Sir or Madam: We hereby establish our Irrevocable Letter of Credit No. ___ (OlLener of Credit") in the District's favor, at the request and for the account of 850 ~ W f\l '-L C. (.h. jl,)J\ C (, Jb LLc.. (npennittee") 7 PcnnillCC's Nnm<:lIllll Address • "_ t.0h06e Adl.eDrt!~5 ,~ J.'i9 0. AlAI;).51:. SU/~ ~M A~c... OA.(I " ", /Q"f368 up to the aggregate amount of OVJc.. b u.~J.('e.~ -f:f"re~.v tl..cLlSAN~ -rA/~~ ,1dot.uJ ......J.e~~5:-~ In Words U.S. dollars S-'J-..:>........,....3.L8V-Ll , available upon presentation of: , I) your sight draft. bearing reterence to this Letter of Credit No. . and either: (a) a Certificate issued by the South florida Water Management Dish;ct in the fOlm of Certificate I Buached hereto and made a part hereof: or (b) a Celtifica1e issued by the South Florida Water Management District in the tonn of Certificate rI attached hereto and made a part hereof. The issuer of this Letter of Credit has authority to issue letters of credit and the issuer' 5 lelt~r of credit operations nre regulated oncl examined by a tedernl or FIOIidn state agency. This letter of.credit is established with a financial institution Ikensed in Florida. The District is the sole bt:neticial) ofthis Lt:ner ofCredil. The original Lener of Credit shall be retained b)< the DistricL This Lener of Credit ma) l~ dr-mil 011 to covel' the fullol,\illg mitigation acti ..-ities of the '?\i!r J\.\ Itr~ t' ofF.s,ie.. as aUlhodz~u and required b} District Emironmental R~soul'te P~rmit number I dl~ "pemlil") liS such pl:lmit ma} be amended lind indud~ all pl ..ms apPl'O\oed b) slIch penni!: ~ _ Exhibit 6.12 Application No. 050303-17 1 of 5 (OJ ' •.... \. I _ .r::::.;:·l'l S .. ' ~ J Fl>fm 110/, A 'd-l J,ocCf M. ~ &.L:tc",,~.s. APr...,... ~ 6"'R?; s')LUtI'Jc.~ I ..JlllcA ~~ J J)-Vt;r IS i."....,..~ '" This Letter orCredil is effective as or '\' . This dale is prior lO Ihe date the flctivity authorized by the pennit commences. nis LeiteI' of Credit shall continue to be eOective through ______ but such expiration date shall be automatically extended withoul amendment lor additional pel;ods of one year fTom the present or fulUl'e expillllion dale until notification of final release by the District. This Letter of Credit cannot be revoked. tennin8ted or cancelled unless. at least 90 days be/ore the cancellation date, the issuer notifies the District of its intenl to revoke. tenninate or canccllhe Letter of Credit. In Ihe event lhc District is so notified, any unused portion of the Letter of Credit shall be available to the District, upon the District's written requesl. for 90 days after lhe dole of receipt of such notice by the District. If the District notifies (pennittee) that it does not intend to draw upon the Letter of Credit, lhen within 90 days of l'tteipt by the (pennittee) of actual or constructive notice of revocation. lenninotion or cancellation of this Leiter of Credit or other actual or constlllctive notice of cancellation. the (pemliltee) sholl provide on altemate financial responsibility mechanism which meets the requirements of subsections 4.3.74.3.7.9. or the Basis of Review for Environmental Resource Pennit Applications. Whenever this letter of credit is drawn all under and in compliance with dle telms of this Leiter of Credit, we shall duly honor such draft upon presentation 10 us. and we shall tcnder the draft directly to the District in accordance wilh your instructions. We hereby waive notification of amendments to the mitigotion plans. pennil, applicable laws, statutes. roles and regulations Gild agree dust 110 such amendment shall in any way alleviate us of our obligation under Ihis Letter ofCredit SIl!'\I1IUf~bl. TlllelslllfOmcilll(~J (If Issuing Inslillililln Dal~ This LelterofCn:dit issubjecl to ne... l!.tJ!~fcMM Corl'\.Mt"rc(A. C:.~ InS~1l ",he nlll5l r~~~1II ~'~lillU "flh.: Unili'rnl CUShll\1~ IInll I'flll:liL'c r"f 1l"~\lI11.:nl:lll' Cr~IIiI~. "uhlish~II hr Ihe Inl~n"'lillual l'111\l\lh~f "rC'l1Il1l11eree .• Of' Ihe \Il1irillll1l",.nlllll:ll:i;,ll\llk". 2 Exhibit 6.12 Application No. 050303-17 20f5 11M)! 1''''111 I lUll CERTIFICATE [ TO ________ BANK or _ IRREVOCABLE LEITER OF CREDIT NO., _ NationalCIy~ Date: .19 Issuing Bank's Numc ond Add~"Ss GL08AL TRADE SERVICES .7531 STREET ADDRESS: STANDBY LETTER OF CREDIT DEPARTMENT 23000 MILLCREEK BL.VD.P.O. BOX 5101 CLEVELAND. OH 44122 CLEVELAND, OH 44101.0101 U.S.A. g50 ~ \U f.J. t.-LL ... C ~]I LL<.. "clmillcc', Nnme and Addrc{s ) ,5'1 ~. MA"N 5iJ ,s.;.,kSa:; ~i<I'~ 01,,0 L./.,309 Ladies and Gentlemen: l1le undersigned •the Director of the Natural Resource Management Division oflhe South Florida WaLeI' Management District (the ·'District"). or ______.Lhe Director's designee. hereby certifies to (the Pcrrnillcc's Nnmc "pennitteen ) and •with reference Lo Irrevocable Letter of Credit No. luuinll BDf1~' s Name ________, dated • (the ';Letter or Credit"). issued by the Bank in favor of lhe District as follows: I. The District has heretofore provided written notice by placing in the U.S. Mail to ________ of the District's present right to Pcnniucc's Name draw upon the Letter of Credit in accordance with the provisions ofthal certain Environmental Resource Pen"il II dated . issued by the District in tavor of __~':"-" I,US Ihiled [0 com pi) \"ilh thl: tenns and conditions ofth: Pem,it. l)c"n;n~c'1 \;'lnK Exhibit 6.12 Application No. 050303-17 30f5 IlblfJ2 1"1011 I!O(, IN WITNESS WHEREOF. this Certificate has been duly executed and delivered on behalf of the District as of this day 01" _ SOUTH FLORIDA WATER MANAGEMENT DlSTRICT By: _ Name Director. Nntuml Resource Management Division or Designee "-4-_ Exhibit 6.12 Application No. 050303-17 4of5 ACKNOWLEDGEMENT OF DRAFf IRREVOCABLE LETTER OF CREDIT TO DEMONSTRATE FINANCIAL ASSURANCE TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT I HEREBY acknowledge that 850 NWN, LLC and CG n, LLC, have received copies of the draft Irrevocable Letter of Credit in the amount of $115,381.00, which Letter of Credit demonstrates City Gate's financial assurance to the South Florida Water Management District. Dated the ~J,J.. day of June, 2009. , LLC, a Florida limited liability company r//{{d. sep R. Weber, it's Vice p~ ident , Joined in and consented to by: CG II, LLC, a Florida limited liability company Exhibit 6.12 Application No. 050303-17 50f5 DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDliFE SERVICE FEDERAL FISH AND WILDLIFE PERMIT ADD/REVISED SUBMITIAL "JrLlCATION NUIVlt>1" I IJUL 1 42009 050303-17 1. PERMITTEE '-WC SERVICE CENTER------_..... CG II, LLC and 850 NWN, LLC 3·201 (11fj7 2~'AUTHORitY-STATUTES -- 16 USC 1539(a) (1) (B) 16 USC 703-712 REGULATIONS (Attached) 50 C FR § § 13, 17, £. 2 1 . 3. NUMBER TE145823-0 -.4: RENEWAB~-5. MAY'COpy" [Xl YES [Xl YES (l NO [J NO~:roSn~:~a:;~~eet #500 ..' ~~~.:::~:::;:~:\.:~''';~;·~~::;:··~~;'(·y;;.:-~~,.~>~:"". 7. EXPIRES TELEPHONE 330/996-O22~'/':>" ..,; '{'~~ 1,.~".;:::;~::~:::.;;:::~::;:;...,i. ) ... >~.:'" /~"'.'\;~1.tQ:.>};";~:;".';'~:~'~\,~; ¥f"."'~~'~~:;;?£;:{'':~:;f!'~~:: ,~ 7 11/2009 ! 7/31/2024 8. NAMEANDilTlEOFPRINCIPALOF~if;\f;~~~::'; ••'-·_,.~~: ; /./~,~' .....;, ·U:.rx.,.MIT ... -_..... ' Joseph Weber, Vice Ppi;.'~d~ .•. '.JS;',:c"./, •.' ~:1~'''''.~~' . . :~,{:'..,',., .>£1il'DAN. ED Sr~ES -INCIDENTAL TAKE .:"! ".f f ./1 ~"'.. '-._-... ''f,.:,,;:t.S!''~l"' ................~ "~",,,,:":.~:l\:~\ i' \' -1o.LOCATION WHERE AUTHORlZ , . flO . . "'41' . '..'-:;;< ...... ;. • ~:>:..... )" PARCEL FOLIO NV '.' R.. ~i9 4403%~~9~f80008tN!i~~N.~4};~ ~~§~P 49 SOUTH, RANGE 26 EAST, IN NAPLf;S; COLR CO "" A.. ;i~~:. '.h ~'-'i" 11:"cONoiTiONS AND AUTHORI~'T~O~~: ;';' /i,';:i!;~ ......:/. \; t'f1' \3:<l:·:::>(;j;'~~i.:,'~:<".-·'''''''t- ---.---- A. GENERAL CONOI~P~ st~oui.( ....:. . ·;:~..Cf~C·: ~~Et'~c~DITlo~~~#ED IN FEDERAL REGULATIONS CIT~O IN !3I-OCK lU:~ ..: ..... l·,;:.~ ..; io\'~ART.~~I~. PERMIT:.i -1!:!:-. Af!TIVITIES AUTHORIZED HEREIN MUST BE CAJUUEProUT IN A .... -ANIJf'~,... .8DORIIJED IN 1HF.M?~I.~e-ATlON SUBMITTED. ;~~:::;:~:~ ~~~~:~~~~I~~~~~~~;~~~rr~~rr~6~iRiD~:::~~~~r~~=~t~PLlANCEWITH ALL :.~. <.' . (-. ->'~~> ..~J ./ :.... ..', :'. ./"/' ~~.;~ /i B. THE VALIDITY Of TlilS rERMi1;~~ ALSQ..~Ilq~D, y~ ST~!.~tba.s~.~v~~p: O~~~L APVY;ABLE FOREIGN, STATE, LOCAL OR OTHER FE~L LAW\~;.:.,;,j;:I';>· ~rt~~·:·j,. .f··;~~'··~nf~;\,?-, ',,/~ if c. VALiD fOR USE BY PER~)~E N~~~;;;6v;: ~~~I7~Q~~~~~/;';:'/:"/ .... ~;...... l,~l::~>~~! _"'{.~~.,~'; ._: ,. ;.. :~;~4.~";:;!: :....c <~:'.{: D. ACCEfYfANCE or THIS PERMIT'~Y,ES A1.£V}~;r~!:~EE AND 1~~A1tTHORIZED AGENTS UNDERSTAND AND A(jREE TO ABIDE BY THE TERMS O"F'~~~,..A!"D AL~~~Et-q9*,.s,!r9'IT~E,~ODE OF FEDERAL REGULATIONS, PARTS I J AND' 7, PERTINENT TO ISSUED PERM'l'fS~~~~~ 11 ,~;}H~ ~~f!b SPECIES ACT OF 1973, AS AMENDED, PROVIDES FOR CIVIL AND CRIMINAL PENALTI~S"fO'R:.~~nJG@i«PtyWITU PERMIT CONDITIONS. 12 REPORTING REQUIREMENTS REPORTS WILL BE PROVIDED TO THE U.S. FISH AND WILDLlFE SERVICE OFFICES APPEARING IN CON DITIONS I J.M AND II.N OF THIS PERMIT . .-_.__._-.-.-----.---.--------r:------------.- -..------------r -. ISSUED BY ~ I TITlE I DATE C II C> ~ DEPUTY REGIONAL DIRECTOR, FWS, --z.. \ l ' _ --~ SOUTHEAST REGION ~ \. '-..) Exhibit 6.13 Application No. 050303-17 1 of 8 CG II, LLC and 850 NWN, LLC 159 South Main Street #500 Akron, Ohio 44308 TELEPHONE 330/996-0225 TE145823-0 Block 11: E. The parcels identified in Block 10 above encompass 240 acres (Project area) where the Permittees propose construction of a mixed-use, nonresidential, comrnerciaVindustrial office park complex (project). Status surveys and biological analysis indicate that the entire Project area provides suitable habitat for the endangered Florida panther (Puma conc%r cory;) and red-cockaded woodpecker (Picoides borealis) (RCW). The entire 240 acres of habitat would be permanently altered due to Project construction. The Puma conc%r cory; and Picoides borealis on the Project site comprise the "covered species." .J.-f ~.:: .~.~;~:,~-:·.':~~".:'::-:-o"'\"'~..,~ The ~eml~tt~es,and~~... ,._d to ta~e the covered ...·~~a,ents~~·~~.~ species Wlthm tlw?(.qJe~~:~~tal.~ -mo~'~dmg, and other land alteration anq' 9Ja,1",.:~.:;.. ~er.ri'~s~"~~Jts ..;~~:.'~onresidential, commerci~~~.. P.r '..?~r~Q,~-~~,~~tt~~. . .~~rmittees' HabitatConserv~o1(..fl ,:tlf~};'~~;8$'ConditIQtl¢·fi~.~!.n:~i' pe~,does not authori~~'9,~y·c~'$ei~es·lI8t1~ti8trQ,~~~l.At~ties. // ... '.1 fJ' ...:/:,iJ}~,,"~~"~<' '1;,.~~~,." \\ .'", \\ F. ;~~ ~i;;.~·th:"' ..... :.'. ·e.lii~~ffn.~~~,':,~~~¥~~~,~; ~~~ .. ro . I., -. ,. itt~'''' ,ct! .... ' ..~ . ~·b tt~.Ji~~~d Wildlife• '-. p ~-lil~~t::" '..•••• ~" ~., •.~~ ~ . '.. !''It'fi r.'". SerVice, to~ter ~\.~ ",~;!tP,·:,)tt.re~o~"e ho~_;ti~es for the ~~~(a~ses~1~~f;'J~~~~~~~~~gu1~:gr G. The P~tmitt~ s.~~llJtXlp~~·:theJ~!I~wi~meas~ to tlufe~ take of the covered,sp.eCle!.~.~.~.:.~~~." t)I.:1' ;~'. P/ ,i/. '.\ ',' .~.~~, ..••• ""~,,,:;,,,,~~, "j'~ if 1. TI;~.p~rmi.'" ha17.·~~~~.?;,.:~.,.. '~~..S:t.J~l*,~.\~e.s. ~~itable habitat'~~'~' for pa1t~~rs anti £~lft:~~~i~~:~and Sta~$~est area before the start of grQqnd~~ ~~_ff(Jjectarea. .<> ~'~~~~:;~-~~.~:Y(-C; ~.~. ~ .. ~, ~:' i ;~?Il(~~~.r ,~ ._~.:~:r~;' 2. The Permittees·s1ia"~-re:Ji4r.c..rikp~tiired in the Picayune Strand "'~i ' ~,.~ •••• .,~-,-.'"'' State Forest area before the start of ground clearing within the Projec~ area. 3. The Permittees shall donate to a U.S. Fish and Wildlife Service approved entity the parcels acquired in the Picayune Strand State Forest area for perpetual conservation and management within 2 years of permit issuance. 4. The Permittees shall establish a perpetual management endowment for the Picayune Strand State Forest parcels in the amount of$100,333. The Permittees shall, in the endowment amount, establish an escrow account, or provide a letter of credit to the U.S. Fish and Wildlife Service within 90 days of permit issuance. The Permittees shall assign the perpetual Continued... Exhibit 6.13 Application No. 050303-17 2 of 8 Pege 3 of 8 CG II, LLC and 8S0 NWN, LLC 159 South Main Street #500 Akron, Ohio 44308 TELEPHONE 330/996·0225 TE14S823-0 Block 11: G. 4. (Contin ued). management endowment to a U.S. Fish and Wildlife Service approved entity within 2 years of pennit issuance. 5. The Pennittees shall restore through invasive plant conlrol and prescribed fire 324 acres in the Picayune Strand State Forest. Initial treatment will occur before the start of ground clearing within the Project area, and final treatment will occ~~~' it issuance. The period ending 5 y~ars foll~~~nn.it~~ce stMf ..... ,"~"" as the off-site mitigation perJod~>::.~:">\ ~j;~~;~i~{1~T';3~:~;~~..~ .i;·::~:~, 6. Th~#~~~~i~r.;~~~:~~~ters within the ~"~~~J.,·t!i~:1;,·':;,e,t,~'~},,~~=,~,~,,~~es~~Ef~, s~~ ," ·b.~~f~~~~~? ~9-~cem.~rlt..~~~" r destroyed , :c~,.trees du~g~~~~""JPltlgatlOn pen~,·~,·-·~'fi\ "A\~ ..," ./ I ,". ~,~~:.;'~::.,tt~~i&~~~i;:'f~i:~;)~c'!-:".; :'\:;;>:"':: "f ••.:.~ '/ ~ ." .:~\\ -,,.1.•\,' "~. 7. " ;:r~/Pe~~'It'~;"SI9';'~ '·;;iD.~GW·ihi<~titY pate site to (! one!ttf the:I.leW;;l~C1Cf"" .', '':~ab&Sh¢a in the p'i9i~e Strand " .§J.~~:' Fore~~~~~ ~::iJtt~:i::';:';: ';~t~Within the!~-rt area. r;~.· ," ':"', .::........ ; "" " "::..:;.-:.::_;:.:~, >:~. ~-' 8. ',; The ~,nnittees sh~J;~flocaiethey~~uced ~tb~~W group 'from ~,' Pr9.i~! ~ te;;.e, r,ecruitment'c1usteta cre~~ 1\WW· Picayune'$t d .x._.~_ f'...-'" '" ; Qfr.r. .c;\ " Q~~ h . ""'at ,.,ran ~~. ~r:P: ~~L,,:~~.(:ttA~ou,.~ t e l~iJtj ti'i!q~loca~~~~~~~;'J~~ iri the !all o~"ZW~~If~is #od shall be kn~~~ as tfte::~e-S!t,~JJ)t~,RCtt~;:~,~~~enn,l,tt~ shall start the trans)o~~ion ~f'~~~W~f~~Gate~to the recruitment clusters ~.bh~99-iii~1fi\\?#Xmi1:~d StateJ~fest before the start of ground clea~~~P.,ject;~'~:fti11i1 translocation will occur by January 31, 201~~~U1iJAI.~jttf;{J6adult RCWs may be translocated with unrel8'tedsuoaault RCWs to a created recruitment . cluster in the Picayune Strand State Forest, or individual on-site subadult RCWs may be translocated to single bird clusters in the Picayune Strand population of RCWs, in the event that latter opportunity arises. In the event of on-site breeder mortality more than three (3) years after the initial translocation of on-site subadults but prior to completion of the on-site mitigation period, the Permittees may then translocate the remaining adults. 9. The Pennittees shall start the translocation of three (3) pairs of subadult RCWs in alternate years from the U.S. Fish and Wildlife Service RCW Southern Range Translocation Cooperative (SRTC) to the recruitment Continued... Exhibit 6.13 Application No. 050303-17 30f8 CO II, LLC and 850 NWN, LLC 159 South Main Street #500 Akron, Ohio 44308 TELEPHONE 330/996-0225 TE145823·0 Block 11: G. 9. (Continued). clusters established in the Picayune Strand State Forest before the start of ground clearing within the Project area. The second prospective translocations of three (3)pairs of subadult RCWs from the SRTC is scheduled for October 2009-January 20 I0 and the third and final translocation of three (3) pairs of subadult RCWs is scheduled for October 20] 1-January 2012. 10. 11. 13. 14. I S. The Permittees shall provide grant funding for a wildlife crossing study within the Panther Focus Area before the start of ground clearing within the Project area. 16. The Permittees shall construct a panther-friendly wildlife crossing with fencing on County Road 846 in Collier County, Florida. The final design and cost estimate will be provided before the start of ground clearing Continued... Exhibit 6.13 Application No. 050303-17 40t8 PageS oU CO II, LLC and 850 NWN, LLC 159 South Main Street #500 Akron, Ohio 44308 TELEPHONE 330/996·0225 TEl 45823-0 Block 11: G. 16. (Continued). within the Project area. The Permittees shall deposit funds for the costs of construction of the crossing and fencing in an escrow account or provide a letter of credit in the same amount within 90 days of permit issuance. Construction of the crossing and installation of the fencing shall be completed by April 20 II. H. 2. Either the Permittees or the U.S. Fish and Wildlife Service may propose modifications and/or amendments to the HCP or this Pennit by providing written notice. Such notice shall include a statement of the reason for the proposed modification and an analysis of the environmental effects of such modification or amendment, including effects on operations under the HCP and on the covered species. This analysis shall be conducted jointly by the Permittees and the contact office of the U.S. Fish and Continued..• Exhibit 6.13 Application No. 050303-17 5 of 8 Page 8 ofB CG II, LLC and 850 NWN. LLC 159 South Main Street #500 Akron, Ohio 44308 TELEPHONE 330/996-0225 TE145823-0 Block 11: H. 2. (Continued). Wildlife Service. The U.S. Fish and Wildlife Service or the Pennittees will use best efforts to respond to a proposed modification or amendment within sixty (60) days of receipt of such notice. Provided any such proposed modification or amendment would not result in any of the conditions identified in Condition II.H.3 below, and absent any objection from the U.S. Fish and Wildlife Service or the Pennittees, the proposed modification and/or.~ft'f~4etennined as minor and shall ,..... ........... ~ .... . -.•..., ~ ..,,~ become effesti",Vj:11P.o\'~eri apP¥6"rp)~_Y.s. Fish and Wildlife service. q;~.:'?~._~'~."'''\.y;...~:f4..9,.~~feison, ~~.ming party objects to a pr~posfA·~~.~~~~r~~i~C.;tl~~~~~~.·,.~sed in accordance wlth::C~t19~£ff,:a~,-~1pW" ~ .,-' .:~ _~~;:'~"" 1 'I,~/:/([ f,,,,{-A ;>;:~''l..;~~::~\,:>_., .: ~ ;.::.<~'" ,:,:".,.;,:.:~~ ..~:-,~.-~~\ 3. .~,U,&,~~ftd~~~J)noW~o~~~ve . ~lfJJt1~·~ltertaftFts.«> the H(:l..~~~~Jf1.fi~.U.S. FISh ,·.• ~dlit.~e..s:.,rv."~ ,.',.. 2'~}ha!such in6ai.·::fjCl~\~'W..ahd"~;result in • o~r¥o.4k~~BJl~':~.~I$H~~~l&'t \ . rednt fromI;~P'fse an •. " '...' ~lS',~1. ~.. _ Lr;·'Wa. WOll a verse y . idf# the~~iV'c" '~'~f~' )icarit~f~eren~;o/a;;~m those . '.W~lj.zed if'.', '._ . :~Wl:1il,' '" ~~orthat wot:Jtd'1"~~ult in ·Cldd~onal tikifo'; .. ··:·,'fV~:~~'~zed in "rftl~tiHm with the 'origj~w HCP .. JPi~i::';';;·'')~;·, l;;;/! 4. ~~1i.~1;r~.;~.i!..;~~~~~~:~~the Servle~~~, permit'~l!!~8t 5if~~~t1 and §1!,:::f ',~,~:~:~ ;4< ,.~ , '.'c~~~~~.~~:~~~~!~·;·~ ..;;-e-r.·4'.i, :~~;.'.•: J. This permit also cOfiStittit~·AAciakPurp,.~~~lt6der 50 CFR §21.27 for the take of Picoides bo;;ra?i&!.~~<number specified and subject to the terms and conditions speciti';a..nerein·..... Any such take of Picoides borealis will not be in violation of the Migratory Bird Treaty Act of 1918 as amended (16 U.S.C. §703.l2). J. Any written correspondence required by this Pennit shall include the following certification from the Permittees: Under penalty of law, I certify that, to the best of my knowledge, the information submitted is true, accurate, and complete. Continued ... Exhibit 6.13 Application No. 050303-17 6 of 8 .'1"( CG II, LLC and 850 NWN. LLC J59 South Main Street #500 Akron. Ohio 44308 TELEPHONE 330/996-0225 TE145823·0 Block 11: K. The Pennittees and the U.S. Fish and Wildlife Service acknowledge that even with the above detailed provisions for mitigating and/or minimizing impacts to the covered species, changes in circumstances could arise which were not fully anticipated by this permit and which may result in substantial and adverse change in the status of the covered species. The U.S. Fish and Wildlife Service's policy regarding changed and unforeseen circumstances is contained in the fmal "No Surprises" rule published on February 23, 1998, (63 Federal Register 8859) and codified at 50 CFR Part §17. '( ". '.<'~,:'~'~~~:.'~A).l\r~ Unfo~seen and/or ~~.': ti¥tc~~f.t~)~.~p~arent eit~er to the '-~~~~.:. Pennlttees and t~tWk~~~~onnel~e U.S. FIsh and ~ildlife serv)f:~!1!.~f~T~.~lie~~~!4>. ition, ~oreseen.... f\~',,; clrcums~~ '~;.~~e~ ~~.P'~t~'I:i ~ .a specIes or geograp1Y9i§atJ~~~ thllt~,~hP.t~\f>1y e been a c. . ~ticiP8#J.,bii ~.'...~~.:.,.,~·opers qi$h.·5\Ji:J,';§, ...E.:.i~~,awt~.<,~\.1slH1i.~~ervice at.the hme o(~. .,".•1iatl~l.opm~%~~~..t~~kltJ\\ubstant1al and aJrei'!Je F}iange In ~.c~\~~~:h'!"-t1w8~veredspecles.'~~~~~umstances are d,efjned tt,Schsln~Jj(~"'-c¢S;;Ul'ecting aSJ)pdes Ofseom....l.ic area cover~~,b¥;t)te «~tf4t~~~~:" .,~6~.~'~~rsand the lj1~S. Fi~~ an(fW!1.d~,§~i~j~·:'.'<"'i:;;:~ b~p~ed fOf:.; ~~ either unfor~~7.~p:pr ch~.~;··· .'. i; .. :j>~~s and"&~~tactoffice ofth~UIS: ftsh an'g'Wil~~ ..,,)~~dkion~.l.J.'f.)efow, shall meet'~ithin"\Wt?ntyl20) -,;aAyf 6~ n~ationi,i~~r circ~pmce\ T.h;Y.:~::~i~h ~ .Wi!?life ,~r\Tice ~ the l~rfWiet~,.s shall ~~~:~.~~~~p~~~:,Jt,:tUCh impl~ment~rop~~d~~l9~?~an ad~nal t~rty (30) working day~~less a·~~~()aOJ~:}~.~eed to by:1kb U.S. FIsh and Wildlife Service;'.","! -<\~'" .7::;~-;'~:~:.::::":~::>:';.."'·c. •..-;;:::-. "··<~~:·~~.::~·~~Z~~·}· +I..•. }., ~ 1~ll:-r'··:f ~.~_.~?' L. Upon locating a dead, in~*::Sui£~tor coryi and Picoides borealis or any other threatened or endaDgerea'specks, initial notification must be made immediately to the U.S. Fish and Wildlife Service Law Enforcement Office, 20501 Independence Boulevard, Groveland, Florida 34736 (352/429-1037). Notification should also be made, by the next work day, to the contact office of the U.S. Fish and Wildlife Service noted in Condition Il.M. Care should be taken in handling sick, injured, or dead specimens to ensure effective treatment or to preserve biological materials for later analysis. In conjunction with the care of sick or injured threatened or endangered species or preservation of biological materials from a dead animal, the finder should take responsible steps to ensure that the site is not unnecessarily disturbed. Continued... Exhibit 6.13 Application No. 050303-17 7 of 8 Page 80f8 co II, LLC and 850 NWN, LLC 159 South Main Street #500 Akron, Ohio 44308 TELEPHONE 330/996-0225 TE I45823'() Block 11: M. For purposes of receiving reports, and monitoring compliance and administration of the tenns and conditions of this pennit, the contact office of the U.S. Fish and Wildlife Service is: N. END Exhibit 6.13 Application No. 050303-17 8of8 STAFF REPORT DISTRIBUTION LIST CITY GATE COMMERCE CENTER PHASES 2 AND 3 Application No: 050303-17 Permit No: 11-01863-P INTERNAL DISTRIBUTION EXTERNAL DISTRIBUTION X Carmen Quan, P.E. -4270 X Karyn Allman -4270 X Permittee -850 N W N L L C X William Foley, P.E. -4270 X Permittee - C G I ILL C X Laura Layman -4270 X Engr Consultant -Davidson Engineering, Inc. X A. Bain -4220 X Env Consultant -Davidson Engineering, Inc. X A. Waterhouse -4220 X Previous Applicant -Butler Engineering Inc X Bill Foley-6861 X C. Tears -6862 GOVERNMENT AGENCIES X ERC Engineering -6861 X ERC Environmental-6861 X US Fish and Wildlife Service George Dennis X Fort Myers Backup File -6861 X J. Golden -4200 OTHER INTERESTED PARTIES X Permit File X R. Valera -4270 X Audubon of Florida -Charles Lee SETTLEMENT AGREEMENT CITY GATE DEVELOPER AGREEMENT (ORIGINAL & 1ST AMENDMENT) VESTED RIGHTS DETERMINATION DEVELOPMENT ORDER 2010- 0 1 RESOLUTION NO. 2010- 223 A RESOLUTlON AMENDING DEVELOPMENT ORDER 88-02, AS AMENDED, TIlE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTlON ONE: AMENDMENT TO REGULATlONS PERTAINING TO RED COCKADED WOODPECKERS; SECTlON TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAWj SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND PROVIDING AN EFFECTlVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 88-02 (the "Development Order") on December 13, 1988, which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, as a result of an appeal, a Settlement Agreement between Collier County and the Department of Community Affairs resulted in Development Order 90-4, Resolution No. 90-431 dated August 28, 1990 ("1990 DOA"), which amended Section One: Conclusion of Law, Section 4, Vegetation and Wildlife/Wetlands, including paragraphs c and d (which were entitled "Off-Site Mitigation" and Red Cockaded Woodpecker Management Plan", respectively) of the Development Order; and WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG II, LLC, a Florida limited liability company, (collectively "Owners") own the DR! property east of the Florida Power & Light Easement; and WHEREAS, the Owners, after formal consultation with the United States Fish and Wildlife Service, applied for the approval of a Habitat Conservation Plan and for a Federal Fish and Wildlife Permit pursuant to Section 10 of the United States Endangered Species Act of 1973, as amended (7 U.S.C 9 136, 16 U.S.C. 9 1531 et seq.), which, among other things, incorporates the latest Red Cockaded Woodpecker RCW") management methods and mitigation strategies; and WHEREAS, the United States Fish and Wildlife Service approved the City Gate Habitat Conservation Plan for the Red-Cockaded Woodpecker and Florida Panther ("City Gate HCP"), document #2005050-10.1 dated March IS, 2006 as revised through May 2008 and approved on March 30, 2009; and Underlined text is added; glrliel, t"rssg" text is deleted. City Gate / DOA-PL2010-843 Rev. 11/09/10 Page I of9 WHEREAS, the U.S. Fish and Wildlife Service issued to Owners a Federal Fish and Wildlife Permit TEI45823-0, issued July 1,2009 ("City Gate Federal Permit"); and WHEREAS, the City Gate Federal Permit incorporates the latest RCW mitigation strategies; and WHEREAS, the RCW mitigation strategies and management methods found in the 1990 DOA vary from the RCW mitigation strategies and RCW management plan found in the City Gate HCP and City Gate Federal Permit; and WHEREAS, the proposed changes are required to conform to a permit approved by the United States Fish and Wildlife Service, and these changes do not create any additional regional impacts; and WHEREAS, Roger B. Rice, of Roger B. Rice, PA, representing the Owners, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order by amending the 1990 DOA; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on September 16,2010; and WHEREAS, on November 9, 2010, the Board of County Commissioners, having considered application of proposed changes to the Development Order by amending the 1990 DOA, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendation of the Collier County Planning Staff and Advisory Boards, the Board of County Commissioners of Collier County hereby approves the following Citygate Commerce Park Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR!DA that: SECTlON ONE: AMENDMENT OF DEVELOPMENT ORDER 88-02, AS AMENDED Conclusions of Law, Section 4 of Development Order 88-2, as amended, "Vegetation and Wildlife/Wetlands", is hereby amended by deleting subparagraphs b, c, and d in their entirety and adding a new subparagraph b to read as follows: 4. VEGETATION AND WILDLIFE/WETLANDS: a. Golden Polypody Ferns and Butterfly Orchids shall be relocated to appropriate protected areas on-site. b. The 2.47 acres of wetlands preserve shown on the approved Master Development Plan Underlined text is added; Slreel, I"reeg" text is deleted. City Gate / DOA-PL20 I 0-843 Rev. 11/09/10 Page 2 of9 shall be preserved. e. Off Site Mit-igatioR 1. DevelepmeRt sf tHe prejeet area lseatea west of tHe pswerline easemeRt may CSlllIIleRee immed-iately, tllgetAerwith thetwe parcels east efthe pewerliRe easemeRt Reeessary te previae temperer)' Wast8'Nater treatmeRt aRa d-ispesal faeilities ana ste_water maRagemeRt fm tHe area west ef the pswerliRe easemeRt. The area east eftHe pswerliRe easemeRt SHall Ret elleeea twelYe (12) aeres iR tetal aRa shall 'oe if! tHe appre)limRte IseatieRs sflllWR SR Blffii'oit ".'.". The eight (ll) aeres meFe er less ts oe atilizea fer water mWl8gemeRt paFpeses, will Ret Fe'laire massi-;e eleariag aRa a majerity eftHe matare trees (ll".. diameter) will Be maiRtaiaed liRtil mitigatisR is pre';iaea fer said prsperty. These aeres east ef the pllwerliRe easemeRt 'oeiRg atilizea shall 'oe mitigated witH tHe first release sf adaitieRal acreage seagflt i1ereURder. Prier te the issallRce ef ceRstflIetioR pe_its fer develepmeRt ef any eftHe prajeet areas loeated east eftHe pey;erline easemeRt elleept as set forth aBeve, mitigatieR for the impacts ta sn site Rea Ceek-aded Wseapeelters anti their habitat shall ecelif as set ferth i1ereiR. 2. SeatR'.vest F1erida RegieRtH Plar.niBg Ce\iBeil (SWFRPC) is caHently ceBtemplatiBg the estahlishrReRt ef a Regional MitigatisB Plan fer the sff site mitigatiSB ef impaets ta Rea Cecl,aded VI' oeapeckers aRa ether listea species. If tHe Ssathwest Fleriaa RegieRal PlanaiBg Couasil adopts suell a RegieB8l Mitigation Plan whieHmitigates the ilRJlaots of the Rea Ceokaacd Weeapeeker sff site aRd is aeeepted by DC.'. dlii.ng the peBdeoo)' eftRis Develspment oreer, ,^,pplieaBt may, at its sale sptisB, ehesse to partieipate in said regisBtH mitigation plaR as te 8BY aeres lIF.mitigated as aR altemative tll farther mitigatisB uBder this SeetieR. Flif'.ller, iR the eveRt tHat Rea Csekadea W sodpeelters are removea frem tHe list sf preteetea species eftHe State of Florida dw-'.Bg the peadeaey efthis DevelsflmeRt Order, l\pplicant shall Have BS farther obligatisn frsm aRa after that time, fer mitigatioB sf impacts ts said species. c. The Red Cockaded Woodpecker Management Plan shall be the Red Cockaded Woodpecker Management Plan provisions in the Citv Gate Habitat Conservation Plan for the Red-Cockaded Woodpecker and Florida Panther (Citv Gate HCP). document #2005050-10.1 dated March 15. 2006 as revised through Mav 2008 and approved on March 30. 2009 bv the U.S. Fish & Wildlife Service and the Mitigation for Red Cockaded Woodpecker shall be the mitigation provisions in the Federal Fish & Wildlife Permit TE145823-0. issued Julv L 2009 (Citv Gate Federal Permit). pursuant to Section 10 of the United States Endangered Species Act of 1973. as amended (7 U.S.C & 136. 16 U.S.c. & 1531 et seq.). I. A Copv of this RCW Management Plan shall be filed with the original of this Resolution in the Records of the Clerk to the Board of Count v Commissioners. 2. Copies of all Monitoring Reports and correspondence with the U.S. Fish and Wildlife Service. regarding the Citv Gate HCP and Citv Gate Federal Permit. shall be provided to Collier Countv and the Southwest Florida Regional Planning Council (SWFRPC) as part of the Annual Monitoring Report for the Citv Gate Commerce Park DR!. Underlined text is added; Slrnek IRreegR text is deleted. City Gate / DOA-PL20 I 0-843 Rev. 11/09/1 0 Page 3 of9 3. The City Gate proiect shall be deemed to be in compliance with the RCW Management Plan if the City Gate proiect is in compliance with the requirements of the U.S. Fish & Wildlife Service under the Citv Gate HCP and the Citv Gate Federal Permit. No violation of the RCW Management Plan under this Resolution mav be charged unless the U.S. Fish and Wildlife Service shall have initiated an action to suspend or revoke the City Gate Federal Permit for failure to complv with the RCW Management provisions thereof. 3. The eB site anti e!f site mitigatioo for the Red Ceckaeled WeeBpeekers ana tHeir feregmg haBitat is as fellews: a. Theft! are an agreea liJleB 19l1 acres ef saitaBle Red Ceckaded Weeapeeker feragiBg l1.aBitat eB site (see Blffii'oit "B") ana tlle f.pfllieant's off site mitigatioH shall 'oe limitea te aR acre fer acre phasea eff site plifeflase aRa eOH';cyanee ef mitigatieB prepeFty er pa)'fBeRt ef meBey as set fertl1. llereiIr. i) The ,'.pplieant shall ae(juire aRa eell".'ey eH an aore fer aere Basis, sliitaele Rea Ceelcadea WeeBpecker l1.a'oitat, slHljeet to eeHditiell5 aRa eriteria statea in ptH'agffifll1. 5.a.threagh5.f. Saitahlehahitat shtHl Be detel'lRiBed BY tHe Depar'..meBt of CeFBImmity ,'.!fairs with. ReeelRffieHdat-iens 8)' the Flerida Game and Fresh Water Fisl1. Ce!BHlissien. ii) L\s an a1temati>/e ta the .^4lfllieaat's d-ireet ae(jwsitieB ef mitigatieB property as set fe!'tl1.heFeiB, tHe ,'41plicaRt shalll1.li'/e tHe alteFBativt! efpay'.Bg fer the acqaisitieB erRea Ceel<8dea Vi eeBpeeker i1aBitat en a phll5ea Bll5is pursaant te this ptH'agrElflh. IB tHe e'/ent Seathwest , Fleriaa RegieBtH Plar.BiBg CeliBeil, etHer ge'/emmeBtal ageney, state er aational conservatien erganizatieH ideBtifies and eBtaias er has tbe right te e'otaiR a large eeBligaeas acreage fer wildlife preteetien aRd mllRagemeRt ana whiel1. meets tHe cr-iter-ia set fertl1. herem, AJlIllioaRt sl1.alll1.ave the altemative (eB a phasea 'oasis as set forth herdB, er liJleH a siRgle paymeRt Basis) te pay te saia ageBCY er erganizatieB fer its reE]aifed mitigatieB. The llFBe\iRt ef saia paymt!Bt shall Be e(jaal te tl1.e B\ilRBer ef acres 'oeiHg mitigated makiplied BY the eest ef the laBa OB a per acre Basis. Flerida Game aHa Fresl1. Water Fish CemmissieB will aetively and ellpedi~ie\iSly assist iB the lecatieB ef mitigatieB jlreperty l1.iel1. meets tHe eriteria set fllrtRhereiB. Saia prepeFty sl1.all Ret be immeaiately aajaeeRt te develepmeRt areas er iB areas speeified iB leetH geyemmeHt eelRflreheFIsiv6 plans for arBaa develepment. Saia prepcrties sl1.all Be witHiH the Seathwest Fledda RegioH81 Plan:1iBg Ceooeil area, Bat Beea Bet Be witHiH Cellier Celll1ty. Underlined text is added; ~Ireek IRreegR text is deleted. City Gate / DOA-PL2010-843 Rev. 11/09/1 0 Page 4 of9 4. If paragrltfll1. 3.a.(i) is atilized, tHe preperty sl1.ltIl Be eOR\'eyed te the eRtily with respeRsi'oility for tHe maRaged lHea. The preperty shall Be reserved iR perpetuity iR its predemiRantly aatmal and eltistiRg cORditieR with apprepriate maRagemeRt to iRslil'e the contiBlied 8llistooce of saitaBle Red Ceekaded W oadpeolter l1.aBitat. CeRyeyaRee ma)' eocm iR Pl1.ases as set forth l1.ereiR. Prier te tHe eORyeYaRee af aRY preperty, tl1.e projlerty shall Be deemed aeeeptaBle 'oy the DejlartmeBt af CemmaRity Affairs, who may seek the advice af af'prepriate eRviFeRmeRtal ageReies as te the aceeptaBility af the prepert)' iR E1liElstioR. 5. The pl1.ase mitigatioR 8Jlpreael1. fer tHe prej eet's impoots aR Red Cllekaded Weeapeekers aRd Red Ceekaded Woadpecker haBitat is aeeeptaBle, sliBjeet te tl1.e follewiRg eaaditillRs and eriteria: a ,^.ll the mitigatioR property shttll Be oaRtigueas aRd tHere shall 'oe aR aeeeptahle metHed far tHe phased ae'lllisitiaR oftl1.e prejlerty. Aceeptaele methed sl1.ttllmeliB a legally emoFecaBle Fight to eBtaiR the preperty BY the ItflplieaBt OR a pl1.ased Basis. B. l.t the time of the appreval ef the mitigatioR preperty, Red eeekaded Weedjlecl,ers sl1.all 'oe RcstiRg or fafagiRg OR tHe mitigatieR preperty, er the preperty will Be otHerwise decmed ooeeptable '0'1 DC^.. a. The mitigatioR property shttll 'oe immediately adjaaeRt to er iR slese preltimity te eJlistiRg laRds eWfled ar _aged BY a paBlie tlgeHay er eVffled or maRaged BY a ceRservatieR ergaRizatieR fer the preteetiaR ef ".vildlife, or witHiH aR area deGigRated for pli'olie aeElmsition as 'Nildlife haBitat fer whiel1. puhlio fuBdiRg l1.as Ret seeR cOH\IRitted. d. The mitigatien preperty shall Be deedad to tHe eRtity eYlfliBg the saBligoollS er adjaeeRt '.vildlife l1.aBitat er to 8R8tHer eBtity apJlls';ed By DC^. anti tile SeatHwest FloFiela RegiaRal PlanniRg CO\ineil and will 'oe deed restricted fer prcservatieR iR perperuity as a '.vildlife l1.aBitat. e. Cenveyanees er paymeBts shall 'oe fer at least 25 aere iHeremeBts, wfleroopoH a aeHespoRdiRg ameaRt ef saitaBle Red Ceel<aded Waedpesker ha'oitat east eftHe pll'.verliRe easemeRt iR the respeetive PhaGe shttll 'oe released fer develepmeRt pUt'flases. Na releases sflttll seclil' within Phase Twe \intil all suitaBle R",d Ceel<aded Weeapesker haBitat '~.1thiB Phase Oae l1.as 'oeeR released. De';elopmeRt ef liIlSaitaBle Red Ceelffilied Weeapeeller haBitat IlIRds ma,! eeeur simli!taBeellSly \vith developmeRt ef atljeifliBg released Red Coelmded Weoapeelter llaBitat witlliB sool1. reSJleetive Pl1.ase. 1'1 e releases sl1.all eeaar withiR Pl1.ase Three (Stage II) aRti! the re'lmremeRts ef paragrapl1. Ii l1.orsefl1.ave 'oeeR met. Pl1.aGe Three (Stage II) shall be the Red Coekaded Waedf'eeller preserve as the SlUHe may be medified !fom time te time as pr-oyidod her-eiR. Tl1.e Phases are depieted eR gld11Bit "N' attaehed herete. f IR the eveHt tl1.at tHe Red Cockaded Weselpeekcrs totally aBaadoR the Citygate site fer a penoe eftYte years, applieant agrees ta tetally mitigate its Underlined text is added; Strod, througR text is deleted. City Gate / DOA-PL2010-843 Rev. 11/09/1 0 Page 5 of9 impaets by ooEjliir'.Bg the remffiBder efthe mitigatieR prepeFty p\ifS\ilIBt te this agreemeRt at tHat time. UpeR acqliisitieR eftile lernaintler eftlle mitigatieR prepefty, the satire remaiRaer ef tHe project, iflellidiag the 72 aere presef'l'e area, 'Mil Be availaBle fer develepmeRt. IR the eveRt tflat eRe eftHe two plifJleFted eeleHies aBaHdeRS tHe site fer a peried eftwll yoars, awlie8fit agrees te have a !j\I8l.iiied Bielllgist re anttlyze the haBitat lise patterns and Reeds ef tHe remaifliRg celeRY liSing a lBethllelelegy reaseRa'oly aeceptaBle te the Game aRd Freshwater FisH CemmissieR. That peFtieR eftbe 72 aeres eatside tHis area sball Be released fer develepmeRt apeR aeqaisitieR ef an equal acreage ef mitigatieR prepefty. a. THere are twe Stages te the eff site miagatieR pregrarn, Stage I (Phase I & II east of pewefiifle ceRtainiBg a total ef appreltimately lall aeres) ellBtaiRs 129.5 aeres ef sliitable Red Ceekaded Weedpecker Ha'oitat Illeated east efthe pe'.verliHe easemeBt Bat eatside ehae Red Ceekaded Weedpeeker pFeserve BeliRdary, aHd Stage II eeRstitates tHe 72 acres withiR ilie Red Ceckaded Weedpecker preserve BelolRdary (all.S aeres ef SllitaBle Red CeelE8ded Weedj'leeker Ha'oitat) shevm eR Map H attaeHeel te tHis De'ielepmeBt Order. ~Ie eff site mitigatieR sHall 'oe a1lewed fer er develepmeBt eeelil' withiR S:tage II lIfttil aRd liRless, all Red Ceel<tlded WeeBpeekers Have aB8Hdefled all ea'lit). trees eR site f-or twe years er mere as demoRstrated BY tHe ar.Bll8i SlirY8)'S specified hereiR ellcept as previded in PlIft1gFllpH H. Herellf. 7. The reqairemeRts fer eff site mitiglltieR are ill additieR te 81TY reqliiremeRts ef the City Gate Red Ceckaded Weedj'leelcer MaRagemeBt Plan descril3ed belew. 8. Prier to issuaaee ef eeastxueaeB 13eFfllits fer reaEls, vlater aRe se~.vef f-aT aB approved developmeBt Phase eftHe Citygate prejeet, a Red Ceckaded Weedpeeker RCW) slirvey litiliziRg previelisly appreved methodelegy will 'oe eefldlieted te iRs\ife that RCW s HIPo'e Ret estaBliSHed Rest ewlit-ies iH the develepmeBt area. The S\ifvey shall eeelir withiR a9 days efthe start ef develepmeRt aetivities and if it is detel'lRiRed tHat RCW Rest ea'lities have BeeR estaBlished iR tHe eeRstmetieR area, awrepriate medifieatieFlS sflall be made te tHe RCW MlIR8gemeRt Plan. d. Red Ceekaded WeeBpeelcer MaRagemeBt PlaH. I. l\.-.Blial RC'N sllfveys, litiliziRg the pre'iielisly appreved lBetHedelegy, ',viII Be mdertakeR liRtil 5 five years after aRal build eat ef tHe Citygate preject, 'Nith reslilts efthe aflBlial RCW sllfYeys te Be reperted te Game aHd FiSH CelBlBissieR GFC), U.S. fiSH aRd \l.'ildlife Serviee (USFWS), SWFRPC, and Cellier CeliRty witiliR 30 days ef survey eempletieR. 2. Prepesals te medify tile Citygate R.cW MaRagemeRt Plan, iReeFperated hcreiR BY refereRee, may Be s$lBitted at any time. S:lieH prepesals shall Be stIjlperted by a ClineRt sllfvey ef eR site RCW Restiag aRd feragiRg pattems, and sueH additieflal iafermatieR as is reqliired te cvalliate the prepesed MaRagemeRt PlaR modifieatieR. UpeR detel'lRiRatieR tflreligk tHe aBlllial RC'N slirveys tHat the Underlined text is added; Struel, threegR text is deleted. City Gate / DOA-PL2010-843 Rev. 11/09/1 0 Page 6 of9 OR site eeleRies in aftY area seught t8 se FeHlo"/ea foom tlle H.c',V }3feserve B&\'e BecR aeBRdoaed far at least twe years, aad aay reqaired aff site mitigatioa is BeiRg 6saeliHeBtly previded, E!j3prepriate ffisdifieatiea te tke R-CW Managcmeat PlaH skall 'oe E!j3preved aRe skall Bat Be eeasidered a saBstaRtial deviatioa siaee tHe impacts tHcreaf are BeiRg mitigated eeaeaffcBt therewitH. 3. Melal8\i€Il anti other ell~e vegetatisa ...<ithin tlle RCW JlfeseFve area and elsewlwre ea tHe Citygate site will 'oe eflldicated after appfe':a1 ef the pre posed remo'/al BY tHe FGFWFC, tHus nigniiieaHtly enbaBeffig tHe qlill!ity ofRCW forage area OR site. 4. Blleessiye mder.grewth \viIl Be eeBtrolled By bliJ'ffing aml/or By liSe of meehanieal e<jWpmeat if detefHlined BY the FGFWFC te Bet otherwise' eeamet witH tke protectiea ef the R-CW haBitat ea site. 5. PiRe trees fla'.iBg a Diameter Breast I leigllt (DBIl)) ef ll' or mere, leeat~a oatside the RCW jlFeS8f"18 (Phase III) 'olit witi-liH tlle FeqWed)'BftI and OOlfet areas in the lemaiBEler oftl1.a site, will Be eonserfed ta J3fI3'I'ide aEld-itienal RCv.' fufllge areas. Bast eftHe FP&L easemeBt iB tIl.e vieinity efthe RCv.' pFeSllf'/e areas identified eR tHe Master PlaR the miillmIlIR pareel sizes are ta 'oe 2 !I6RlS; miBiImim yard reEjlliFomeRts are froRt 50', rear 59', side 25'; BStmere tHan 2Q!lfo oftl1.ase reEtUiree yard5 maYBe deo'.'6ted te vahielilar aa','oo aOO JlIlF\eng spooes; at least 39% ef eael1. d8','elapmeat site mast be deveted ta aatuFal and!er instaIIcd landseape areas. 6. Unrelcased lands within Stage I aBd Stage H may 'oe atilized for limitee reereatieaal plifJloaes sooIl as '.'1a1kways, jeggiBg tmils, aOO etHer passP:e recFeatianal fueilities, sa long as d-ist\ir'oaaee ef natP.<e yegetatiea is minimal anti tile aetivitics avoid aH afea eaeolRflasaiBg a 200 foot radilis areliad eaell aest tree. UBdergroliBd atilities 8ftd Sliffaee drainage swales may areas the \iflFeleased lands '.vithiB Stage I pFBvieed that they are iRstalled e\itside ef 8ft area eensliMiflg a 200' radilis Il1'8IIfld eael1. aeti':e Best tree and are deaigned te have miBirnal impaet. UHtiergfeliad '.Iti!ities and surfuee drainage swales may cress the lIIlFeleasad laRds within Stage H pF8'lided tHat they are installed oatside of 8ft area ceBstitliting a 299' radffis araooe eooil aeti-ve Best tree, are designed to have a minimal impaet, and furtller pre,.~ded tl1.at Sl:llfaee draiaage S\vale leeatioRs Be E!j3preved BY tke DepartlRcat ef Cemmunity f.ffairs. It is liadefstead tHere may'oe a reEkletiea iB foragiBg trees witkin the illlfoleased afea as a reslllt of tHese activities, 'oat the SIlF8ll shall Be miBimized to tl1.a mlllBmlim 8lffeat fJRlClieaele. 7. Tke pFeserve area shttll Be pentea with nigas ,...niek iad-ieate tHat it is 8ft RCW pres6FVll aRd tkat dismrBanee ef tke Birds is prekiBited and aalawful. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19)(e)2., Florida Statutes. Underlined lext is added; Struek thraegR lexl is deleted. City Gate / DOA-PL2010-843 Rev. 11109/10 Page 7 of9 The applicant submitted to the County notice as required by Section 380.06(19)(e)2. which provides "This Subsection does not require the filing of a notice of proposed change but shall require an application to the local government to amend the Development Order...." C. A review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments. D. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. E. The proposed changes to the previously approved Development Order fall within Subsection 380.06(19)(e)2.h, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19)(e)2.h, Florida Statutes. The proposed changes are required to conform with federal permits. B. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. E. The proposed changes do not constitute a substantial deviation pursuant to Section 380.06(19)(e)1. and Section 380.06(19)(e)2.h., Florida Statutes, and therefore it is not subject to the public hearing requirements of 380.06(19)(t)3. and it is not subject to a determination pursuant to Section 380.06(19)(t)5. Underlined text is added; Stru.k tkFeugR text is deleted. City Gate / DOA-PL2010-843 Rev. 11/09/10 Page 80f9 SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 88-02, as previously amended, shall remain in full force and effect, binding in accordance with the terms on all parties thereto. B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and favorable vote. (5-0) jh Done this ~dayofJJOHrd)ll ,2010. ATTEST: DWIGHTE~J,J~gS1~,gLERKIl ,. I...... I' "j..' i>' ..'" ".~.'- "t..',..... '. "" I-~~ I':; ;~:~~ ......\~~.. J;- . >', C,' "y\' By:' '.' .,,' 'V" " ; A~'''', , " . \, .~puty Clerk toI=<"~~),pj · BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JuL l,), C~~. FRED W. COYLE, Chairman By: Approved as to form and legal sufficiency: ACU 00 Heidi Ashton-Cicko Assistant County Attorney CP\ I O-CPs-O 1 033\28 Underlined text is added; ~truel, tRreegll text is deleted. City Gate / DOA-PLZOIO-843 Rev. 11/09110 Page 9 of9 HOLE. MONTES .ANC ASSOC.. INC. CONSULTING ENGINE::nS - LA'l/O SURVEYORS HMA F i I e No. 85. 23 9'30'85 Shee t 1 0 f 2 LEGAL OESCR I PT I ON The North half of Section 35, Township q9 South, Range 26 East, Collier County, Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the following de.scribed parcels: A parcel of land being.ii"po-r-flon'of the' No-rthwe'~t-quarter-o"f--r- Section 35, Township 49 South, Range 25 East, Col I ier County, Florida. Seing more particularly described as fol lows: Commencing at the quarter Section corner, common to Sections 3q and 35, Township 49 South, Range 25 East, Col I ier County, Florida. Said quarter corner being marked with a 4" x .~ concrete monument having a 3-inch brass cap attached to the top thereof, with a 3/4-inch iron pipe: thence along the Section [Ine between said Sections 34'and 35, North 00029'15A West, 1,382.43 feet to a point on the centerline of the proposed Access Road No. 1 as shown on the State of FlorldaOepar.tment. of Transpol:tatlon Right-of-Way Map for State Road No. 93 (1-75) Sheet 8 of 10; thence along said centerline of the proposed Access Road NO.1 Nort~ 89031'01" East, 100.00 feet to a point on the East right-of-way line of a canal, said point also being on the ce~terllne of the proposed access road to the wa!~_r _~r~aJ~_e~"t_.._ .__._ . __ plant parcel; thence along said East canal -right-of-way line North 00029' 15" West, 50.00 feet to a 4" x q" concrete monument marking the Northwest corner of the proposed access road right-ot-way to the water treatment plant parcel: and belng the true POINT OF BECINNINC of the parcel to be herein described: thence along the North I ine of said access road right-of-wayNorth89031101" East. QS6.S1 feet to a 4/1 x 4" concrete monument marking the Intersection of said North right-of-way with the West boundary line of the water treatment plant parcel; thence alongsaidWestboundarylineNorth00047' 14"-'East,-"9"911.98 feet to an Iron rod on the Westerly right-at-way of a strip of land 170 feet in width for a Florida, Power & Light Ccmpany (FPSL) right-of-way. as described in Official Records Book 681, Page 1210, Collier County Records; thence along said Westerly_FP&L right-of-wayNorth31030'28" East, 70.02 feet to an iron rod; thence continuing along said Westerly FPSL right-of-way South S8D30LOJ/IEast, 761.56 feet to a II" x 4. concrete monument; thencecontl-nuing along said Westerly FP&L right-of-way South 000117"4". West, 1,065.70 feet to a lJ" x 4" concrete monument; thence continuing atong said Westerly FP&L right-of-way South OOO~7'14"West, 332.74 feet to an iron rod marking the intersection of saidWesterlyF?SL right-of-way with the South line of the North halfoftheSouthhalfoftheNorthwestquarterofSection35, Township 49 South. Range 26 East, Collier County, Florida: saidpointalsobeingtheSoutheastcorneroftheparcelbeinghereindescribed: thence along said South line of the North half of theSouthhalfoftheNorthwestquarterofSection35, South 89004'40" West, .690.82 feet to a 4" x 4/1 concrete monument: said 2 r,-.w Exi?ilti~';A~~~~~ . I II MA Fi Ie No. 85.23 9,30/115 Shee t 2 0 f 2 point being the Southwest corner of the parcel being hereindescribed: thence along the 'West boundary line of said parcelNorth0004711~A East, 553.80 feet to a IJA x .11M concrete monumentmarkingtheintersectionoftheWestboundaryofthewatertreatmentplantparcelwiththeSouthright-of-way of theproposedaccessroadtothewatertreatmentplantparcel: thencealongsaidSouthright-of-way South 89031101" West, .1154.28 feettoaqnX4" concrete monument marking the intersection of saidaccessroadSouthrlght-oi-way with the East right-or-way of acana'I-;' thence-a-long said 'c.ma I -.Eas t.r 19ht-of-way North 00029' l5nWest100.00 feet to the POINT OF BEGINNINC. AND A portion of the North half of Section 35, Township 49 South,Range 25 East; being described as follows: Begin on the South line of the North half of said Section 35, atapointNorth89000'01" East 100.00 feet from the SouthwestcorneroftheNorthhalfofsaidSection35, thence run North00029'15u West. t,3311.19 feet. thence South OQ021'08" East.296:92-feet.'thence'.South 02046'25".East;.750.5Q feet to-the----beginning of a curve concave to the Northeasterly having a radiusof33d.oo feet. thence run Southerly along said curve.2QO.58feet, through a central angle of 41001'2911 to the end of said _curve. thence South 43047'5q" East. 94.86 feet to the South lineof'.the North half of said Section 35. thence South -89000'0,.-----. .._.......West. 206.27 feu to the POINT OF BEGINNING~ . AND A portion of the North half of Section 35. Township 49 South.Range 26 East; being described as follows: Begin on the South line of the North half of said SectIon 35, atapointNorth89000'01" East, 305.27, feet from.the Southwest.corner of the North half of said Section 35, thence run North "43047'5411 West, 94.86 feet to the begInning of a curve concave totheNortheasterlyhavingaradiusof336.00 feet, thence runNorthwesterlyalongsaidcurve240.58 feet through a centralangleof41001'29u to the end of said curve, thence North02046'25" West. 750.60 feet. thence North 04021'08" West. 296.92feet, thence North 00029"5" West. 85.00 feet, thence North89~31'O~" East. 64.42 feet, thence South 011021'08" East. 378.311feet, thence South 02046'25" East, 751.5& feet. to the beginnIngofacU~e concave to the Northeasterly having a radius of 265.00feet, thence run Southeasterly along said curve 190.45 feet.through a central angle of 41001129u to the end of said curve,thence South 4]0'1'54" East. 159.68 feet to the South line of theNorthhalfofsaidSection35. thence South 89000'01" West, 95.40feettothePOINTOFBEGINNING. COntaining 287.187 acres. more or less. 3 H 0 L E. M 0 N T E S Be ASS.O C I ATE S. I N C . ie:1;1::i~~~~~~~~~.~. '. . s' . '&' zi:..... '. _. .i'~:c"~~~:..::..:.....":;1