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Agenda 03/27/2018 Item #9B03/27/2018 EXECUTIVE SUMMARY This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 88 - 93, the City Gate Commerce Park Planned Unit Development, to revise the legal description and correct the acreage of the MPUD; to update the master development plan including designating a Lake/Recreational Area, adding external access points along the eastern MPUD boundary and adding the Collier County Sports Complex; to provide conversions to allow additional hotels and motel units and the development of the Collier County Sports Complex, without increasing the overall originally approved buildout traffic; to provide deviations for signage, flagpoles, parking areas, landscape areas and buffers, architectural review standards, native vegetation and water management; to clarify permitted uses and add development standards for the Sports Complex, including building heights; to update building heights elsewhere in the MPUD; to remove outdated commitments; to add exhibits including exhibit A-3 permitted uses by SIC codes, Exhibit A-4 cross sections-north buffer, Exhibit A-5 sign deviation exhibit, and Exhibit A-6 required yard plan; providing for conflict and severability; and providing an effective date. [PL20170002330] (This is a companion item to Development Order Amendment Petition DOA-PL20170002634, Agenda Item 9.A. 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 petition; 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 subject property was originally rezoned from Agricultural (A) to Planned Unit Development (PUD) with the adoption of Ordinance Number 88-93 on December 13, 1988. There have been several amendments since then, in Ordinance numbers 09-69 and 10-42, as well as a Vested Rights Determination. (Refer to application materials provided by Agent.) The City Gate Commerce Park is currently partially developed. The proposed PUD Amendment updates the PUD Document to explain the application or non-application of regulations, omit obsolete and completed commitments and memorializes ongoing commitments. The proposed PUD Amendment acknowledges the November 18, 2005, Vested Rights Determination issued by Collier County. (Refer to application materials provided by Agent.) A key impetus of the PUD Amendment was to confirm that Collier County’s plans to construct an amateur Sports Complex, which initially envisions eight general purpose sports fields, a small “championship” amateur stadium and a fieldhouse/event center, primarily for national, regional and local amateur tournaments, is permitted within the City Gate Commerce Park PUD. For clarity, a definition has been added to the proposed PUD Document defining the Sports Complex Project as “the Sports Complex Lot and any abutting property within the City Gate Commerce Park MPUD which is owned and/or leased by Collier County, as a unified plan of development.” The Sports Complex lot area is 61 acres +/- 2.50 acres since the County may, based on its final design, vary the Sports Complex Lot by +/- 2.5 acres (any change will result in a re-plat of the Sports Complex Lot). The County also has a lease, with an option to purchase, a 5.59-acre parcel abutting the Sports Complex Lot in the MPUD. The Development of Regional Impact (DRI), Petition PL20170002634, will be amended accordingly and is a companion item to this petition. The purpose of the subject PUD Amendment is to: Clarify permitted principal and accessory land uses for lots east and west of the FP&L easement by restoring language from the original Development Order (DO); 9.B Packet Pg. 48 03/27/2018 Specify permitted principal and accessory land uses for the Sports Complex Project; Specify permitted accessory land uses for the Lake and Recreational Area Tract; Create development standards for the required buffer along the northern PUD boundary; Provide language for landscape requirements within public and private rights-of-way; Provide language and calculations for native vegetation within each phase of the PUD; Add and revise development standards for permitted principal and accessory uses within all land areas of the PUD; Request deviations related to signage, flagpoles, grass parking areas, landscape buffers, native vegetation preservation, water management, and caretaker’s residences; Update the Master Development Plan to show the current street arrangement and new Lake and Recreational Tract, and new Sports Complex Lot (61 acres +/- 2.50 acres); Add external access points along the eastern PUD boundary to accommod ate the future City Gate Boulevard North extension and the future driveways related to the Sports Complex Project; Revise the current name of the project from Citygate Commerce Park to City Gate Commerce Park; and Update the Legal Description to accurately reflect the acreage. FISCAL IMPACT: The PUD Amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. 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 requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please, note that impact fees and taxes collected were not included in the criteria used by staff and the 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 PUD-PL20170002330, City Gate Commerce Park MPUD 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: This is an amendment to the existing City Gate Commerce Park PUD (Ordinance No. 88-93, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments 9.B Packet Pg. 49 03/27/2018 Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or developme nt of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 9.B Packet Pg. 50 03/27/2018 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four 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 PUD -PL20170002330, City Gate Commerce Park MPUD. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report - City Gate PUDA 2-15-18 (PDF) 2. [Linked] Ordinance - 031618 (PDF) 3. Location Map (PDF) 4. Master Development Plan.pdf 2-14-18 (PDF) 5. Future Land Use Consistency Review (PDF) 6. Neighborhood Information Meeting Notes (PDF) 7. Letter of Objection fr Carmichael email Dec 29 2017 PDF (PDF) 8. Outdoor Lighting Basics 2-8-18 (PDF) 9. [Linked] Application-CCPC Packet CG PUDA 2-16-18 (PDF) 10. Legal Ad - Agenda ID #4875 (PDF) 9.B Packet Pg. 51 03/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 9.B Doc ID: 4875 Item Summary: This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development, to revise the legal description and correct the acreage of the MPUD; to update the master development plan including designating a Lake/Recreational Area, adding external access points along the eastern MPUD boundary and adding the Collier County Sports Complex; to provide conversions to allow additional hotels and motel units and the development of the Collier County Sports Complex, without increasing the overall originally approved buildout traffic; to provide deviations for signage, flagpoles, parking areas, landscape areas and buffers, architectural review standards, native vegetation and water management; to clarify permitted uses and add development standards for the Sports Complex, including building heights; to update building heights elsewhere in the MPUD; to remove outdated commitments; to add exhibits including exhibit A-3 permitted uses by SIC codes, Exhibit A-4 cross sections-north buffer, Exhibit A-5 sign deviation exhibit, and Exhibit A-6 required yard plan; providing for conflict and severability; and providing an effective date. [PL20170002330] (This is a companion item to Development Order Amendment Petition DOA- PL20170002634, Agenda Item 9.A. and Agenda Item 11.F) Meeting Date: 03/27/2018 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 03/20/2018 9:02 AM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 03/20/2018 9:02 AM Approved By: Review: Zoning Michael Cox Additional Reviewer Skipped 03/20/2018 9:01 AM Zoning Michael Cox Additional Reviewer Skipped 03/20/2018 9:01 AM Growth Management Department Michael Cox Level 1 Reviewer Skipped 03/20/2018 9:01 AM Growth Management Department Michael Cox Deputy Department Head Review Skipped 03/20/2018 9:01 AM Growth Management Department Michael Cox Department Head Review Skipped 03/20/2018 9:01 AM County Attorney's Office Michael Cox Level 3 County Attorney's Office Review Skipped 03/20/2018 9:01 AM Budget and Management Office Michael Cox Additional Reviewer Skipped 03/20/2018 9:01 AM Office of Management and Budget Michael Cox Level 3 OMB Gatekeeper Review Skipped 03/20/2018 9:01 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/20/2018 10:14 AM 9.B Packet Pg. 52 03/27/2018 Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM 9.B Packet Pg. 53 9.B.1 Packet Pg. 54 Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1Packet Pg. 55Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1Packet Pg. 56Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1Packet Pg. 57Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1 Packet Pg. 58 Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1 Packet Pg. 59 Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1 Packet Pg. 60 Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1 Packet Pg. 61 Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1 Packet Pg. 62 Attachment: Staff Report - 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City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1 Packet Pg. 83 Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1 Packet Pg. 84 Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1 Packet Pg. 85 Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1 Packet Pg. 86 Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) 9.B.1 Packet Pg. 87 Attachment: Staff Report - City Gate PUDA 2-15-18 (4875 : City Gate Commerce Park PUDA) G o l d e n G a t e P K W Y Collier BLVDD a v i s B LV DRadioRD 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 À1 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 TOL LGATE 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 TRACT 9TRACT6 TRACT TRACT21 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 CONDO 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 DR IVE LEONIE LANECITY GATE B LVD 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 BOULEVAR D 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 PUD C-4 CPUD PUD PUD PUD GC IPUD CITY GATE WHITELAKEINDUSTRIALCORP. PARK TOLLGATE RESOURCERECOVERYBUSINESS PARK Location Map Zoning Map Petition Number: PL20170002330 PROJEC TLOCATION SITELOCATION ¹ 9.B.3 Packet Pg. 88 Attachment: Location Map (4875 : City Gate Commerce Park PUDA) 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.B.4Packet Pg. 89Attachment: Master Development Plan.pdf 2-14-18 (4875 : City Gate Commerce Park PUDA) 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.B.4Packet Pg. 90Attachment: Master Development Plan.pdf 2-14-18 (4875 : City Gate Commerce Park PUDA) 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 9.B.4Packet Pg. 91Attachment: Master Development Plan.pdf 2-14-18 (4875 : City Gate Commerce Park PUDA) 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 9.B.4Packet Pg. 92Attachment: Master Development Plan.pdf 2-14-18 (4875 : City Gate Commerce Park PUDA) 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 159.B.4Packet Pg. 93Attachment: Master Development Plan.pdf 2-14-18 (4875 : City Gate Commerce Park PUDA) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 1 of 5 Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, AICP, PLA # 1244, Principal Planner Zoning Division, Zoning Services Section From: Sue Faulkner, Principal Planner, and David Weeks, Growth Management Manager Zoning Division, Comprehensive Planning Section Date: January 26, 2018 Subject: Future Land Use Element Consistency Review PETITION NUMBER: PUDZ – PL20170002330: REV 4A PETITION NAME: City Gate Commerce Park Planned Unit Development Rezone (PUDZ) REQUEST: The petitioner is proposing to add/provide for: • A list of permitted principal, accessory and conditional uses - with SIC Codes - for lots East and West of the FPL easement, including for the new sports complex lot. • A specific list of permitted principal and accessory land uses for the new Lake/Recreational Area • Development standards for the required buffer along the northern PUD boundary • Language for landscape requirements • Development standards for permitted principal and accessory uses within all land areas of the PUD • Numerous deviations that address temporary event uses, signage, flag poles, and parking • Updates to the Master Development Plan • External access points along the eastern PUD boundary, as shown on the Master Development Plan LOCATION: The 291.55-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. COMPREHENSIVE PLANNING COMMENTS: The western portion of the subject site lies west of the Florida Power and Light (FPL) Easement (36.45 acres) and is depicted as Urban Designation, Urban Commercial District, Mixed Use Activity Center #9 on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The eastern portion lies east of the FPL Easement (255.1 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. Policy 5.3 in the Future Land Use Element (FLUE) states, in part, “All rezonings must be consistent with the Growth Management Plan.” Staff has reviewed this petition for FLUE consistency notwithstanding a 9.B.5 Packet Pg. 94 Attachment: Future Land Use Consistency Review (4875 : City Gate Commerce Park PUDA) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 2 of 5 prior Vested Rights Determination as staff is uncertain as to the effect of that Determination in relation to DRI and PUD amendments and review for GMP consistency. The western portion (±36.45 acres) of the proposed project – that portion lying west of the FPL easement - lies within the Interchange Activity Center #9, which defers to the Mixed Use Activity Center (MUAC) Subdistrict for most provisions. The Future Land Use Element (FLUE) states, “The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed-use in character. Further, they are generally intended to be developed at a human-scale, to be pedestrian- oriented, and to be interconnected with abutting projects – whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged.” The FLUE states, “All new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center #9 shall include all land uses allowed in the Mixed Use Activity Centers; additionally, industrial uses shall be allowed in the northeast and southeast quadrants of I-75 and Collier Boulevard, and in the southwest quadrant of Collier and Davis Boulevards.” The FLUE goes on to state, “Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses (C-1 through C-5), residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation. The actual mix of the various land uses shall be determined during the rezoning process based on consideration of the factors listed below.” The factors to consider during review of a rezone petition for a project, or portion thereof, within an Activity Center, are listed below. Inasmuch as the currently approved PUD allows a wide variety of commercial uses in the Activity Center portion of the site, staff is of the opinion that a review and analysis of these factors is not necessary. a. Rezones are encouraged to be in the form of a Planned Unit Develop ment. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two (2) road miles of the Mixed Use Activity Center. c. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. d. Existing patterns of land use within the Mixed Use Activity Center and within two (2) radial miles. e. Adequacy of infrastructure capacity, particularly roads. f. Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. g. Natural or man-made constraints. h. Rezoning criteria identified in the Land Development Code. i. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. j. Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. 9.B.5 Packet Pg. 95 Attachment: Future Land Use Consistency Review (4875 : City Gate Commerce Park PUDA) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 3 of 5 k. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future abutting projects. l. Conformance with the architectural design standards as identified in the Land Development Code.” The proposed land uses by SIC Code (PUD Exhibit A-3, Permitted Uses – SIC Codes) were presented in two lists, one for the western portion in the MUAC and another for the eastern portion in the Urban Industrial District. The petition for the City Gate Commerce Center PUD, which is partially within the Mixed Use Activity Center #9, includes a wide variety of proposed commercial land uses – but no proposed residential uses. The PUD petition proposes to develop facilities for the community, which will create a destination and focal point within the community. The Conceptual PUD Master Plan shows interconnections to the east of the PUD marked for driveways/pedestrian access only. All of the uses proposed within the Activity Center portion of the site are allowed within one or more of the C-1 through C-5 commercial zoning districts. The eastern portion (±255.1 acres) of the proposed project – that portion lying east of the FPL easement - lies within the Urban Industrial District. The FLUE states, “The Industrial Land Use District is reserved primarily for industrial type uses and comprises approximately 2,200 acres. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses. The C-5, C-4 and PUD Commercial Zoning Districts along the perimeter of the designated Urban Industrial District that existed as of October 1997 shall be deemed consistent with this Land Use District. Industrially designated areas shall have access to a road classified as an arterial or collector in the Transportation Element, or access may be provided via a local road that does not service a predominately residential area. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. High technology; g. Laboratories; h. Assembly; i. Computer and data processing; j. Business services; k.Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; l. Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and m. Support commercial uses, such as child care centers and restaurants.” Many of the proposed uses in Exhibit ‘A’ for the eastern portion of the PUD are industrial land uses and many are commercial uses. In reviewing the proposed land uses by SIC Code for consistency with the FLUE, staff first compared the list of proposed uses with those allowed by the Urban Industrial District. For the remaining uses – those not considered consistent with the Urban Industrial District - staff reviewed the uses to determine if they were a clarification of the general listing of uses found in Section III of the existing City Gate PUD (based upon the principle of FLUE Policy 5.3 pertaining to uses “consistent by policy”). Staff’s opinion is that those remaining uses are a clarification of uses presently listed in the PUD. Of note, one of the existing uses for East of the FPL Easement is “7. Retail sales and personal service businesses which are designed and operated to primarily serve the City Gate Commerce Park market.” Given that the I, Industrial, zoning district is deemed consistent with the Urban Industrial District, and that the “I” district already allows some 9.B.5 Packet Pg. 96 Attachment: Future Land Use Consistency Review (4875 : City Gate Commerce Park PUDA) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 4 of 5 support retail uses, staff is of the opinion that there are likely few additional retail uses that would and could be “designed and operated to primarily serve the City Gate Commerce Park market” (that is, the businesses within City Gate, and the employees and patrons of those businesses), and that any such businesses should likely be limited in size – perhaps as is done in the C-1, C-2 and C-3 zoning districts where certain uses are limited to a specified building s.f. The petitioner has listed several retail uses by SIC Code, some with size limitations; staff finds these uses consistent with the FLUM designation and/or with the existing PUD’s broad listing of permitted uses. The same goes for listed personal service uses. Also, staff notes specifically that hotel use listed by SIC Code and added to the area east of the FPL easement may be deemed a clarification of existing PUD uses based upon the Both East and West of the FPL Easement use #4. Any other use which is determined by the Planning/Zoning Director to be comparable and/or compatible with the listed permitted uses. Staff finds that hotel use is compatible with the other permitted uses east of the FPL easement which include many uses permitted in the Business Park and C-5 zoning districts, both of which allow hotel use by right. Finally, regarding the sports park use, staff notes that essential services are allowed which include government facilities and county parks; and, the PUD allows recreational uses per Both East and West of the FPL Easement. Select FLUE Policies are given below, followed with [bracketed staff analysis]. FLUE Policy 5.6 states: “New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended).” [It is the responsibility of the Zoning Services staff, as part of their review of the petition in its entirety, to perform the compatibility analysis.] FLUE Policy 7.1 states: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The Conceptual MPUD Master Plan, Exhibit ‘C’, shows two ingress/egress access onto an arterial as identified in the Transportation Element of the GMP, Collier Blvd. (CR 951 – one using City Gate Blvd North and one using City Gate Drive) and one ingress/egress access on a local road to the south of the PUD.] FLUE Policy 7.2 states: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit ‘C’, Conceptual MPUD Master Plan, shows a couple of roads within the project that encourage internal accesses to all the areas of the project. Internal access will be provided.] FLUE Policy 7.3 states: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [Exhibit ‘C’, MPUD Master Plan, shows three interconnections with adjoining land to the east (undeveloped land zoned ‘A’ - Agriculture) – two of the interconnections state that they are driveways/pedestrian access only; internal access roadways only. There is also an eastern interconnection shown on City Gate Blvd. North, leading to the undeveloped land zoned ‘A’. The Master Plan also shows an interconnection to the south (White Lake Industrial Corp. Park). To the west is Collier Blvd. and to the north is Golden Gate Canal.] FLUE Policy 7.4 states: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [The petition is proposing community facilities that will have a walkable component with open space and the potential for civic facilities. No housing is being proposed.] 9.B.5 Packet Pg. 97 Attachment: Future Land Use Consistency Review (4875 : City Gate Commerce Park PUDA) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 5 of 5 Aside from specific FLUE consistency analysis, staff notes this petition would allow for the displacement of ±63.5 acres from potential “light” industrial uses for a sports park. Staff acknowledges that a significant amount of development authorized by the existing PUD is for commercial uses – so the PUD was never envisioned to be developed solely with industrial uses, and that heavy industrial uses are not presently allowed in this PUD, and that the character of this PUD may change with the interconnections to the east . Nonetheless, there is general concern for the loss of Industrial lands – even light industrial - given the relative difficulty to establish new industrial development areas, especially given the inherent compatibility concerns, traffic impacts, etc. The historical industrial parks within the coastal urban area - zoned I, Industrial, which allows heavy industrial uses, and located on the east side of Old 41; on the north side of Pine Ridge Road and west side of Airport Road; and on the east side of Airport Road and north side of Radio Road - are all near buildout and the newer areas are being developed now, those being White Lake Industrial Park PUD to the south of the subject site and City Gate itself. CONCLUSION This rezone petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. 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 PUDZ-PL2016-3054 Mini Triangle R4.docx PUDZ-PL2017-2330 City Gate Commerce Park R4A G:\CDES Planning Services\Consistency Reviews\2018\PUDZ dw/1-26-18 9.B.5 Packet Pg. 98 Attachment: Future Land Use Consistency Review (4875 : City Gate Commerce Park PUDA) 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. 9.B.6 Packet Pg. 99 Attachment: Neighborhood Information Meeting Notes (4875 : City Gate Commerce Park PUDA) 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; 9.B.6 Packet Pg. 100 Attachment: Neighborhood Information Meeting Notes (4875 : City Gate Commerce Park PUDA) 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. 9.B.6 Packet Pg. 101 Attachment: Neighborhood Information Meeting Notes (4875 : City Gate Commerce Park PUDA) 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). 9.B.6 Packet Pg. 102 Attachment: Neighborhood Information Meeting Notes (4875 : City Gate Commerce Park PUDA) 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? 9.B.6 Packet Pg. 103 Attachment: Neighborhood Information Meeting Notes (4875 : City Gate Commerce Park PUDA) 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. 9.B.6 Packet Pg. 104 Attachment: Neighborhood Information Meeting Notes (4875 : City Gate Commerce Park PUDA) 1 SmithCamden From:Steve <scarmichael@hotmail.com> Sent:Friday, December 29, 2017 11:46 AM To:SmithCamden; GundlachNancy Cc:Florida South; Sandy Thalheimer, President USPSA SW Florida ; Ulli Unkel; BellowsRay; BosiMichael Subject:Re: Collier County commissioners buying land for the new stadium and sports complex Camden, Thanks for sending me this information. I thought after the holidays, I'd review it and send a well reasoned opposition to the proposed Sports Complex being planned behind our home. I thought that maybe, just maybe, it would have some influence on the proposed construction. I thought my first email to Nancy was "well reasoned" but, given your counsel, I thought I'd try again. Imagine my surprise when, this morning, a man from Vibration Energy Services, came to the house to let me know that he wanted to document the condition of our floors and walls "before they blast the area behind your house to install the road and utilities for the new Sports Complex." I'll just let that sink in for a minute, so you can fully grasp the shock I felt upon hearing this. Oh, I'm sorry, you can't possibly grasp the shock because both you and Nancy have known all along that this complex is going to be built.. NO MATTER WHAT THE RESIDENTS HAVE TO SAY. Other than for positive PR, of which you have none with me at this point, why would you continue to call and email me when you know that no matter what I say, do or write, the county commissioners are going ahead with this project. They've bought the land, they've put in for zoning changes (which they will approve if they haven't done so already. This is, after all, their project for which they will hold nothing back until it's totally finished) and now are scheduling blasting to add utilities and a road. You think they are going to stop now and "re-think" this stupid, unneeded, unwanted and invasive project? Of course they're not!!! All this is is a huge "smoke and mirrors" show to keep us pesky, short sighted homeowners fooled into thinking our opinions really matter, no what the superiorly intelligent commissioners know and plan on doing for us stupid mortals... in spite of ourselves. Seems like the motto for these commissioners is "We the government know better than They the people." Like I said in my last email to Nancy, the fix is in and there is nothing we, the lowly homeowner... who just happens to vote for the county commissioners, can do to stop this. The fix is in: you know it, Nancy knows it, the people selling the land knows it, Francis Rooney knows it and the county commissioners know it. All this "public hearing and comments" phase is just to be able to say that "we dotted all the I's and crossed all the T's to show that we are concerned, and have followed the letter of the law, about the decisions this committee makes on behalf of our constituents." What a crock. This is just politics as usual. Please be sure to put this into the "opposition file" to the commissioners so they can feign concern, understanding and empathy as they vote the way they want to anyway. I'm truly sickened by your show of false empathy, shallow sympathy and hollow hope, Steve Carmichael 239-919-6687 9.B.7 Packet Pg. 105 Attachment: Letter of Objection fr Carmichael email Dec 29 2017 PDF (4875 : City Gate Commerce Park PUDA) 2 From: SmithCamden <Camden.Smith@colliercountyfl.gov> Sent: Monday, December 18, 2017 7:05 AM To: GundlachNancy; Steve Cc: Florida South; Sandy Thalheimer, President USPSA SW Florida ; Ulli Unkel; BellowsRay; BosiMichael Subject: RE: Collier County commissioners buying land for the new stadium and sports complex Steve, Attached are the third re-submittal documents for City Gate PUD currently under review. I will call to discuss around 3 p.m. today. Respectfully, Camden Smith, MPA Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-1042 Note: Email Address Has Changed Camden.smith@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT. Online Survey Software | Qualtrics Survey Solutions goo.gl Qualtrics sophisticated online survey software solutions make creating online surveys easy. Learn more about Research Suite and get a free account today. Exceeding Expectations -----Original Message----- From: SmithCamden Sent: Saturday, December 16, 2017 10:06 AM To: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov>; Steve <scarmichael@hotmail.com> Cc: Florida South <jwhite@floridasouth.us>; Sandy Thalheimer, President USPSA SW Florida <scthal@aol.com>; Ulli Unkel <ulrike.unkel@gmail.com>; BellowsRay <Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov> Subject: RE: Collier County commissioners buying land for the new stadium and sports complex Steve, It was nice to speak with you Friday afternoon. This is Camden Smith with Zoning Operations. I was able, after our conversation, to reach out to the agent to find out why there were any sign posted as protected preserves on the property tree areas near your home on the City Gate PUD property. Apparently until 2005, there were protected woodpeckers on the property. They were relocated in 2005. The buffer is not a protected preserve, it was only a protected area until the birds were relocated, but some of the signs seem to have remained. 9.B.7 Packet Pg. 106 Attachment: Letter of Objection fr Carmichael email Dec 29 2017 PDF (4875 : City Gate Commerce Park PUDA) 3 The 70 to 75 foot building that is of concern is the field house. It is the height of seven stories but it's actually a field house. I am going to, on Monday, as promised, send you the updated Master Plan and new submittal materials which the agent filed apparently with our office yesterday late afternoon. Once I send you those files and you have had a chance to review them, let's touch base on Monday. My direct line is 239 - 252 - 1042. I will call you around 3 again if I miss your call earlier on Monday. Sincerely, Camden Smith, MPA Zoning Operations ________________________________________ From: GundlachNancy Sent: Friday, December 15, 2017 3:23 PM To: Steve Cc: Florida South; Sandy Thalheimer, President USPSA SW Florida ; Ulli Unkel; SmithCamden; BellowsRay; BosiMichael Subject: RE: Collier County commissioners buying land for the new stadium and sports complex Hi Steve, I am so sorry for the confusion. The meetings that I refer to in the email below are the public hearings related to the land use petitions (the rezoning of the City Gate lands) related to the Sports Park. Like you, I read about the pending purchase of the land in the Naples Daily News. I am not involved in the purchasing of land or the design of projects. I have copied our Operations Manager, Camden Smith. She will reach out to you. Sincerely, Nancy Nancy Gundlach, AICP, PLA Principal Planner Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 239-252-2484 Note: new email address: Nancy.Gundlach@colliercountyfl.gov. "Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT." Online Survey Software | Qualtrics Survey Solutions goo.gl 9.B.7 Packet Pg. 107 Attachment: Letter of Objection fr Carmichael email Dec 29 2017 PDF (4875 : City Gate Commerce Park PUDA) 4 Qualtrics sophisticated online survey software solutions make creating online surveys easy. Learn more about Research Suite and get a free account today. From: Steve [mailto:scarmichael@hotmail.com] Sent: Friday, December 15, 2017 2:13 PM To: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov>; Steve <scarmichael@hotmail.com>; Florida South <jwhite@floridasouth.us>; Ulli Unkel <ulrike.unkel@gmail.com>; Sandy Thalheimer, President USPSA SW Florida <scthal@aol.com> Subject: Re: Collier County commissioners buying land for the new stadium and sports complex Nancy, I can't begin to tell you how frustrated, mad, angry and truly pissed I am at you, the planning commission and Collier county commissioners. I have a Naples Daily News internet story from 12/12 the headline of which is "Collier County buys land for new stadium and sports complex." So tell me what was the "public hearing" for? Just so you and the planning commission could "check off the we-did-right-by-the-people box?" Or was it just to "do things legally?" Not that ANYTHING we said made a bit of difference. You say in your email below that you will inform us of "those meeting" where this is discussed. We clearly were not! Hence my frustration at you! According to this new report, all of this action (to buy the land and build this complex) is from a study that "projects that 265,000 people a year would travel to Collier County to use the sports fields, which would host regional and national youth and amateur tournaments." I wonder who commissioned this study and who researched and wrote it? This is not Field Of Dreams, where if you build it they will come. This is based on traveling teams coming to this facility. This is being patterned after similar sports complexes throughout the mid west and east. When do you think they will do this? When do you think these youth and amateur teams will do this? If it's school aged youth they could only come during the summer. Have you ever tried to do any physical activity in June and July in Collier county? It's abysmally hot and humid here then. So hot in fact that the local teams don't even practice then. If you think they will come during the winter to enjoy our temperatures, they won't because they won't be allowed to miss school to travel the hundreds and thousands of miles to get here. This is a project fraught with failure, but I guess it doesn't matter because the "fix is in." How do I know the fix is in? Because the country is doing whatever they want without a care for the hardworking constituents that live here, who do not want this complex built, and will be the most negatively impacted. They are going ahead without proper studies on the effects on traffic in this neighborhood and the other studies I've outlined in my first email. Finally the fix is in because our congressman Francis Rooney's construction firm has been slated to build the complex. Talk about one politician lining the pocket of another one. Again, the fix is in. 9.B.7 Packet Pg. 108 Attachment: Letter of Objection fr Carmichael email Dec 29 2017 PDF (4875 : City Gate Commerce Park PUDA) 5 So now, despite anything negative the public has to say, and we said a lot during that meeting, this is going ahead. I bet that if there was going to be a 70 foot tall structure in your backyard, the commissioner's backyard or Francis Rooneys' back yard, this wouldn't be seeing the light of day. This is not the way to demonstrate having the best interest of the constituents who live here. Despite the fix being in, I still want to know when the "public hearings" into this matter by the commissioners will be held. Not that it will do any good, I still want my voice heard. Thank you for your time, Steve Carmichael 239-919-6687 ________________________________ From: GundlachNancy <NancyGundlach@colliergov.net<mailto:NancyGundlach@colliergov.net>> Sent: Monday, December 4, 2017 2:05 PM To: Steve Subject: RE: Proposed zoning change for City Gate Hi Steve, Thank you for your email. I will include it in the Commissioners packets when City Gate goes to the Collier County Planning Commission and then the Board of Collier County Commissioners meeting. We will notify you of those meeting dates. Sincerely, Nancy Nancy Gundlach, AICP, PLA Principal Planner 9.B.7 Packet Pg. 109 Attachment: Letter of Objection fr Carmichael email Dec 29 2017 PDF (4875 : City Gate Commerce Park PUDA) 6 Zoning Services (239)252-2484 From: Steve [mailto:scarmichael@hotmail.com] Sent: Monday, December 4, 2017 10:38 AM To: GundlachNancy <NancyGundlach@colliergov.net<mailto:NancyGundlach@colliergov.net>> Subject: Proposed zoning change for City Gate Nancy, Attached is the letter explaining my opposition, and the opposition of all the residence of our street, to the proposed zoning change and building on the land at City Gate. Thank you for your time in reading this and for meeting with us at the presentation. Sincerely, Steve Carmichael ________________________________ Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 9.B.7 Packet Pg. 110 Attachment: Letter of Objection fr Carmichael email Dec 29 2017 PDF (4875 : City Gate Commerce Park PUDA) 9.B.8 Packet Pg. 111 Attachment: Outdoor Lighting Basics 2-8-18 (4875 : City Gate Commerce Park PUDA) 9.B.8 Packet Pg. 112 Attachment: Outdoor Lighting Basics 2-8-18 (4875 : City Gate Commerce Park PUDA) 9.B.8 Packet Pg. 113 Attachment: Outdoor Lighting Basics 2-8-18 (4875 : City Gate Commerce Park PUDA) 9.B.8 Packet Pg. 114 Attachment: Outdoor Lighting Basics 2-8-18 (4875 : City Gate Commerce Park PUDA) 9.B.10 Packet Pg. 115 Attachment: Legal Ad - Agenda ID #4875 (4875 : City Gate Commerce Park PUDA) ORDINANCE NO. 18 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, TO REVISE THE LEGAL DESCRIPTION AND CORRECT THE ACREAGE OF THE MPUD; TO UPDATE THE MASTER DEVELOPMENT PLAN INCLUDING DESIGNATING A LAKE/RECREATIONAL AREA, ADDING EXTERNAL ACCESS POINTS ALONG THE EASTERN MPUD BOUNDARY AND ADDING THE COLLIER COUNTY SPORTS COMPLEX; TO PROVIDE CONVERSIONS TO ALLOW ADDITIONAL HOTEL AND MOTEL UNITS AND THE DEVELOPMENT OF THE COLLIER COUNTY SPORTS COMPLEX, WITHOUT INCREASING THE OVERALL ORIGINALLY APPROVED BUILDOUT TRAFFIC; TO PROVIDE DEVIATIONS FOR SIGNAGE, FLAGPOLES, PARKING AREAS, LANDSCAPE AREAS AND BUFFERS, ARCHITECTURAL REVIEW STANDARDS, NATIVE VEGETATION AND WATER MANAGEMENT; TO CLARIFY PERMITTED USES AND ADD DEVELOPMENT STANDARDS FOR THE SPORTS COMPLEX, INCLUDING BUILDING HEIGHTS; TO UPDATE BUILDING HEIGHTS ELSEWHERE IN THE MPUD; TO REMOVE OUTDATED COMMITMENTS; TO ADD EXHIBITS INCLUDING EXHIBIT A-3 PERMITTED USES BY SIC CODES, EXHIBIT A-4 CROSS SECTIONS -NORTH BUFFER, EXHIBIT A-5 SIGN DEVIATION EXHIBIT, AND EXHIBIT A-6 REQUIRED YARD PLAN; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 291.55 ACRES IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF 1-75 AND COLLIER BOULEVARD (CR 951) IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA. [PL20170002330[ WHEREAS, on December 13, 1988, the Board of County Commissioners adopted (1) Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD") and (2) Development Order 88-02 (the "Development Order"), which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, on December 1, 2049, the Board of County Commissioners adopted Ordinance No. 09-69 to allow streets to be public, and 117 -CPS -01712/1394700/11231 Underlined text is added; 8tPa6k4hfeHg#t text is deleted. City Gate PUDA-PL20170002330 3/16/18 Page 1 of 3 A� WI -AREAS, on November 9, 2010, the Board of County Commissioners approved Ordinance No. 10-42 which amended the PUD to remove the provisions relating to the Red -Cockaded Woodpecker Mitigation; and WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG II, LLC, a Florida limited liability company, (collectively "Petitioner") owns the PUD property east of the FPL Easement; and WHEREAS, Roger B, Rice, of Roger B. Rice, P.A., and Frederick. Hood AICP of Davidson Engineering, Inc. representing the Petitioner, petitioned the Board of County Commissioners of Collier County, Florida, to amend the PUD; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on March 1, 2018; and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO THE PUD DOCUMENT IN ORDINANCE NO. 88-93, AS AMENDED, THE CITY GATE COMMERCE PARK PUD. The Planned Unit Development Document in Ordinance Number 88-93, as amended, is hereby amended and superseded by Exhibit A attached hereto and incorporated by reference herein. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. 117 -CPS -01 712/1394700/11231 Underlined text is added; Stmek !hre> gh text is deleted. City Gate PUDA-PL20170002330 3116118 Page 2 of 3 SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this ATTEST: DWIGHT E. BROCK, CLERK In, , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A — PUD Document 117 -CPS -01712/1394700/11 231 City Gate PUDA-PL20170002330 3116118 day of , 2018. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ANDY SOLIS, Chairman Underlined text is added; Stfuck thEetext is deleted. Page 3 of 3 r' -Ii- CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by Josh Fruth Davidson Enpineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Roger B. Rice Es P.A. 9010 Strada Stell Court, Suite 207 Naples, FL 34109 Date Filed: 4-16-87 Date Approved by CCPC: Date Approved by BCC12 13 88 Ordinance Number: 88-93 2009 Amended Date Approved by BCC: 12/01/2009 Ordinance Number: 09-69 2010 Amended Date Approved by BCC: 11/09/2010 Ordinance Number: 10-42 City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Struck throuph.text is deleted March 15, 2018 i INDEX SECTION PAGE I. PROPERTY OWNERSHIP AND DESCRIPTION 1 6 3 - 8 II. PROJECT DEVELOPMENT 714 9-23 III. PROJECT DEVELOPMENT REGULATIONS 15-23--24-31 IV. PROJECT ENVIRONMENTAL REQUIREMENTS 24--27--32-34 V. TRAFFIC AND ENGINEERING REQUIREMENTS 28-2435-36 VI. UTILITIES REQUIREMENTS vii. RED GOCKADED WOODPECKER MANAGEMENT -PLAN 89--4437-43 41 44 ATTACHMENTS: EXHIBIT A-1 MASTER DEVELOPMENT PLAN EXHIBIT A-2 TABLE 12.13.3 EXHIBIT A-3 PERMITTED USES — SIC CODES EXHIBIT A-4 CROSS SECTIONS -NORTH BUFFER EXHIBIT A-5 SIGN DEVIATION EXHIBIT EXHIBIT A-6 REQUIRED YARD PLAN City Gate Commerce Park MPUD PUDA-PL20170002330 March 15, 2018 2 Underlined text is added; Struck through text is deleted SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of: C'T,GAT-€ CITY GATE COMMERCE PARK. 1.2, LEGAL DESCRIPTION The subject property is 2P 19 291.55 acres in area. The legal description follows this page. 1.3. PROPERTY OWNERSHIP Title to the property is currently in Land Trust #5350, held by Citizens & Southern Trust Company (Florida) National Association, Naples, Florida, P.O. Box 1857, Naples, Florida 33939-1857. The land trust constitutes a unified ownership vehicle. Decisions regarding trust management are made by a single trustee in accord with management guidelines approved by a majority of the trust beneficiaries. The successor in title and developer are Cit ate Development, LLC 850 NWN LLC and CGII LLC Florida limited liability companies (here and after "City Gate Successor"). City Gate Commerce Park MPUD PUDA-PL20170002330 March 15, 2018 3 Underlined text is added; Struck through text is deleted ...RIENSa. . . . .I 11-m-I&WARMI. A 35, AT -A PgAT NORTH99'90'01" -Is we FaTV981T, SWIM , ■ 1 ■ _ ■• a BEGN ON ■W OP THg NORTHHA4OF ■ SECTION 35, AT -A PgAT NORTH99'90'01" -Is we FaTV981T, SWIM , ■ 1 ■ _ ■• a I._. ALONG SAID C;WRVE 240.59 FgET, THROUGH OP ■ ■ TO ■ w ■ m■• THE PIP OF . ■ ■ ■ ■■ ■. a _ •A 94 ■ •• a■ ■ ■ 0 •■ .IjM ■ ■ _ ■ ■ _ M 'ZA MINA 311PI 0 WAI REA MPIWILbZfiMA@UIW Ifolar . a Q11100,14.0mm■ ■ A ■ -Is we FaTV981T, SWIM , ■ 1 ■ _ ■• a A . . ■ a.■ ■ ■. . ■ •a City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 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 43047'54" 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 0421'08" WEST A DISTANCE OF 294.22 FEET TO AN INTERSECTION WITH PROPOSED ACCESS ROAD N0. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR STATE ROAD NO. 93 1-75 SHEET 8 OF 10' THENCE NORTH 89031'01" 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 12570 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 EASE MENT: 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 6110'06" 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 89031'01" 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 SAIL] CITY GATE PHASE ONE A DISTANCE OF 1260.46 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 8913'02" 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 00'3014" 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 86027'31" WEST A DISTANCE OF 66.98 FEET TO THE NORTHEASTCORNER OF LOT 18 WHITE LAKE CORPORATE PARK PHASE THREE THENCE SOUTH 8940'01" WEST ALONG THE 50UTH LINE OF THE NORTH 1/2 OF SECTION 35 A DISTANCE OF 4,910.20 FEET TO THE POINT OF BEGINNING. PROPERTY CONTAINS 12,699,846 SQUARE FEET OR 291.55 ACRES MORE OR LESS. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 1.4. GENERAL DESCRIPTION OF PROPERTY AREA A. The'4'.r-e 291.55 -acre tract lies in the Northeast quadrant of the 1-75 / CR 951 Interchange. The property is bounded on the west by CR 951 and on the north by the Golden Gate Canal. B. The property is zoned A-2 Agricultural, proposed to be rezoned to PUD —Planned Unit Development. The property lies in the Collier County Water Sewer District. 1.5. PHYSICAL DESCRIPTION The property elevation ranges from about 10.3 feet to 12.2 feet above mean sea level, averaging about 11 feet. Wetlands on the property are limited to about 28.5 acres, most of which has been previously subjected to extended periods of over drainage and exotic vegetation invasion. Most of the property is vegetated with pine and associated upland plants. Soil types on the property include Arzell, Keri, and Pompano Fine Sand. Water management for the £itygate City Gate Commerce Park project is to be the lake and natural surface detention type. Surface water discharge will be to the north into the Golden Gate Canal through a single control structure. 1.6. STATEMENT OF COMPLIANCE The original PUD Ordinance No. 88-93 was found consistent with the Comprehensive Plan in effect at that time Ordinance No. 83-54). Development of Citygate Cites Commerce Park as a Planned Unit Development will comply with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The Comprehensive Plan Policy which most specifically relates to the' City_Gate project is Policy "D" of Objective 3: City Gate Commerce Park MPUd PU aA-PL20170002 330 March 15, 2018 7 Underlined text is added; Struck through text is deleted 061FCfIVE 3 An appropriate mix of land uses to provide for the present and future needs of Collier County. D. Guide economic development to encourage a diversification of the county's economic base and to meet the employment needs of present and future residents. Compliance with Comprehensive Plan rests on the following factors: 1. The Gitygate City Gate property meets the Comprehensive Plan rating point system with respect to the availability of public services and facilities. 2. The planned land use mix conforms to the Future Land Use Map. 3. All project improvements will comply with applicable regulations. 4. The project will constitute a major work center with an excellent working environment. 5. The project will be served by a complete range of services and facilities. This 2018 PUD Amendment is found consistent with the current Comprehensive Plan (Ordinance No. 89-05 as amended as the uses and intensities are consistent with Future Land Use Element Po licy 5.3 and the Future Land Use Ma P des i nations in which the PUD is located. City Gate Commerce Park MPUD PUDA-PL20170002330 March 15, 2018 8 Underlined text is added; Struck through text is deleted SECTION fl PROJECT DEVELOPMENT 2.1. PURPOSE The purpose of this Section is to describe the basic development objectives and to generally describe the project development plan. 2.2. GENERAL A. Gityoat City Gate Commerce Park is planned as a mixed use, non-residential, commercial/industrial/office/related services project. The uses on some, if not all, of the sites nearest CR 951 west of the F. P. & L. easement will provide a variety of commercial services te highway tFavelers, with a OA the PF0Wi6i9A E) 5eFAee to `nt..F5tate t.a.. c . The remainder of the sites, both east and west of the F. PAL. L. easement, will be utilized by commercial and industrial firms associated with technological research, product development, light manufacturing, storage and distribution, offices recreational eational and a wide variety of utilitarian and commercial support businesses. Citygate City Gate Commerce Park will provide sites which accommodates a variety of entrepreneurial activities in a physical setting which is spacious, attractive, and free of the nuisance type characteristics which are typical of industrial districts of the past. A primary development objective of £+tyg�ate City Gate is that the structures, the amenities, and the natural and installed landscape be attractive and constitute a pleasant, satisfying employment environment. B. Development of this project shall be governed by the contents of this document and applicable sections of the Collier County Zoning Ordinance at the time of development order a lication for Site Development Plans SDP or Subdivision Construction Plans and Plat PPL approval. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck throughtext is deleted March 15, 2018 9 C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinance, at the time of development order application for SDP or Plat approval. D. "SPORTS COMPLEX PROJECT" — References herein to the "Sports Complex Project" shall mean the Sports Complex Lot and any abutting property within the City Gate Commerce Park M P U D which is owned and or leased by Collier Cou nty, as a unified plan of development. Notwithstandin the foregoing, the Sports Complex Promect as defined herein will not include the Lake and Recreational Tract. 2.3. PROJECT PLAN A. The Master Development Plan for the project is was indicated on Map {H} of the Application for Development Approval and is an integral part of this PUD Document. A reduced version of the undated and amended Master Development Plan is attached at the rear of this document, as Exhibit A-1. Elements of the Master Development Plan include: Land Use Acres Streets 24 ± 23.15 Lake and Recreational Tract 3§± 13.84 F. P. & L. Easement 44 ± 10.00 Sports Complex Lot + 61.00 ±2.50 -acres Building sites (Include et!a,44 as on site .,AWFal ^ s+ 2494-± 183.55 [±2.50 -acres] Total 2-P ± 291.55 Proiect Development. PPLs and SD Ps, shall conform to the approved Master Development Plan in all material respects. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck throughtext is deleted March 15, 2018 10 S. In addition to the plan elements shown on the Master Development Plan, such easements and rights-of-way shall be established as may be necessary or desirable for the service, function or convenience of the project. 2.4, MAXIMUM DEVELOPMENT INTENSITY A. Development intensity permitted within Gitygat City Gate Commerce Park shall be limited to the amount of building development, a* paFking spases set forth in Table 12.13.3., as Exhibit A-2, reproduced from the Gitygate City Gate Commerce Park A.D.A., and attached at the rear of this document. The proposed development includes 90,000 square feet of commercial 836,000 s uare feet of office 1920 000 scivare feet of industrial as stations 250 hotel motel rooms and 80,000 square feet of public, utilitarian recreational and educational space see Table 12.13.3. The amount of building development devoted to the various land uses which will occupy the project may vary from the estimates incorporated in the A.D.A., but the aggregate amount of building development indicated by A.D.A. Table 12.13.3, may not be exceeded. The MPUD's total tris shall not exceed 5,999 net external two-way PM peak hour tris as calculated in the approved A.D.A. ("Approved Trips"). In any development scenario the MPUD's total tri ps shall not exceed the Approved Tri Ps based on the use codes in the lTE manual on trip generation rates in effect at time of application for SDP, SDPA orsubdivision Plat ap rg oval. B. HOTEL AND MOTEL The proposed hotel and motel rooms in Section 2.4.A m ay be increased to a maximum of 950 rooms submect to the traffic cap in Section 2.4.A. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 11 2.5. PLAN APPROVAL REQUIREMENTS A. PURPOSE The Master Development Plan indicates the basic nature of development permitted for the project as a whole, consisting of a road network, a centrally located lake, a system of pedestrian ways, a lake front amenity site and corridors of development sites along which individual development parcels will be established. Installation of required streets, utilities. etc. may occur either in the entirety, or in a series of increments. The purpose of the plan approval requirements is to provide a mechanism for the county staff to review detailed development plans and to determine if those plans will comply fully with commitments established by the PUD document, DRI Development Order, County Zoning Regulations and all other applicable standards and regulations. County Staff approval of detailed development plans must be obtained prior to the construction of project infrastructure. B. SITE DEVELOPMENT PLAN APPROVAL REQUIRED Prior to the issuance of building permits for a structure or structures on any development site, Site Development Plan approval must be obtained in accordance with S GhapteF 10 e4 the r.. 0 e F G.,.. yZOAiAg QFdi a Ee Land Development Code. The Site Development Plan must be in substantial compliance with the project Master Development Plan, as that plan may be modified by Collier County from time to time. In additieR to the listed eenee of Seetien 10.-S GhapteF 10 accordance to the Land Development Com the Site Development Plan review and approval process shall include consideration of architectural design, quality and building materials suitability as those matters relate to the development quality commitments set forth in Section 2.2.A. of this docu ment. City Gate Commerce Park MPUD PU DA-PL20170002330 March 15, 2018 12 Underlined text is added; Struck through text is deleted 2.5. C. RECORD PLAT APPROVAL RE UIREMENTS Prior to recording the record plat, final plans of the required improvements shall be approved by the Planning/Zoning Director and appropriate other Collier County Departments and Officials to insure compliance with the project Master Development Plan, the Collier County Comprehensive Plan, the Collier County Subdivision Regulations, and platting laws of the State of Florida. EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS The following requirements small be waived or modified: A. Article X, Section 15: Sidewalks shall be required as shown on the aPPFeyed Maste DevelopmeAt Plan, eR at least ene side of the exi ting fead when 'it is =ed as Fed by �.',a,, ,4 on at least one side of all internal project streets. B. Article X, Section 19: Street name signs shall be approved by the County Engineer but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived. C. Article XI, Section 10: The requirement to install monuments in a typical water valve cover shall be waived if all monuments are installed in accord with state standards and in a manner approved by the County Engineer. D. Article Xl, Section 21: The requirement for blank utility casings shall be waived if all required utilities are installed prior to construction of the street base and pavement. City Gate Commerce Park MPUD PUDA-PL20170002330 March 15, 2018 13 Underlined text is added; Struck through is deleted 2.7. DEVIATIONS TO COUNTY LDC REGULATIONS See Exhibit A-5 Sign Deviation and Exhibit A- 1 Master Development Plan a e 2 of 6 (The following deviations are being sought from the latest version of the Collier County LDC at the time of the adoption of this PUD Amendment Ordinance and shall valid through any subsequent and su persedin LDC versions. See als❑ Section II — Paragraph 2.2.D. above. 1. INTENTIONALLY OMITTED 2. INTENTIONALLY OMITTED DIRECTORY SIGN — M P U D PLATTED LOT 7 PHASE ONE 3. Deviation #3 seeks relief from LDC Section 5.05.04 F.1 "On -Premise Si ns " which re uires for sin le-occu panc or multi le-occu pan cy lots havi ng fronts a of 150 -feet or more on a oublic Street or combined 12ublic street frontage of 220 linear feet or more for corner lots to have one pole or ground sign; and requires a minimum se aration of 1000 -feet as measured aloe the street frontage, and all setback re uirements are met to instead allow 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 41pages 5-7 of the Public Records of Collier County, as shown on the attached Master Development Plan Exhibit A-1 page 2 of 5. and 1 a minimum se aration of 100 -feet from any on-site monument signs. City Gate Commerce Park M P U D PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 14 FLAGS AND FLAGPOLES—SPORTS COMPLEX PROJECT ON-SITE 4. Deviation #4 seeks relief from LDC Section 5.05.04 F.B.a "Fla s and FlIma Pples "which re wires that a flaspole shall not exceed 50 feet in hei ht 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 Proiect, al a maximum heig ht of 140 -feet from finished rade- bI extension up to 40 -feet from a ny bu i Idi ng to which it is attached; up to 100 flag poles separated by a minimum distance of 100 -feet within the Sports Complex Pro'ect except flap, poles attached to the stadium structure are not submect to the 100 -foot minimum separation; and d1 The actual height of future structures on the 5 arts Complex Promect shall bee ual to the actual structure height plus the flagpole height. For exam le the maximum actual structure height of 85 -feet plus the maximum flagpole height of 40 -feet equals an overall maximum height of 125 -feet. 5. Deviation #5 seeks relief from LDC Section 5.06.04 F.8.b "Flags and Flag Poles," which permits non-residential develo ments at least 10 acres in size having multiple entrances may have up to 3 flagpoles at each entrance that provides ingress/egress off an arterial or collector road rovided that there is a minimum -300 -foot separation between entrances to instead allow six 6 flagpoles at each entrance within the Sports Complex Pro6ect. The three flagpoles that are clustered are not sub'ect to the 100 -foot minimum separation in Deviation #4. City Gate Commerce Park MPUs PU DA-PL20170002330 March 15, 2018 15 Underlined text is added; Struck through -text is deleted DIRECTIONAL SIGNS — MPUD SPORTS COMPLEX PROJECT WITHIN MPUD 6. Deviation #6 seeks relief from LDC Section 5.06.04 F.9 "0 n- Pre m ise Directional Signs," which re uires 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 4 internal to the MPUD and LDC Section 5.06.04 G.2.e "Off -Premise Directional Signs" which re uires that directional si ns be limited to within 1,000 feet from the building, structure or use for which the si n is displayed: to instead allow combined off -prem ises and on- remises directional si ns far 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 Collier Boulevard as follows aj provide no more than 12 -square feet in area per sign, bj directional signs shall not exceed 8 -feet in height; c] up to seven (71 directional signs, which must be separated by a minimum distance of 250 - feet, and d) directional signs may be more than 1,000 feet from a bu ild i njz, structure or use incIudin the Sports Complex Project) for which the sign is displayed. 7. 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 instead allow a minimum setback of 0 - feet. This deviation shall avoly to on- remise directional signs along ublic or private rights- of-way, throughout the City Gate Commerce Park MPUD. This deviation does not apply to directional signage on the Sports Complex Project. See De iugtin- p-#9.7_ City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 16 POLE MOUNTED SIGN WITH DISPLAY—SPORTS COMPLEX PROJECT 8. Deviation #8 seeks relief from LDC Section 5.06.04 G.1 "Off -Premises Directional 5i ns " which permits off-site directional signs only in nonresidential zoning districts agricultural districts and designated nonresidential components of PUDs to instead permit one 1 off- site identification prom otionaI ands ponsorshi p sin for the 5 Dorts Com plex Proomect within the Collier Boulevard C.R. 951 right-of-way with further Board of County Commissioners a pgrovaI by sim p le m a mo rity vote of the location. Please refer to the Master Devela ment Plan Exhibit A-1 page 2 of 5 and the Sign Deviation Exhibit A-5. 9. 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 -P remise directional si ns be l2ermitted for a building, structure or use which is not visible from the roadway serving such buildin structure or useprovided that each sin shall not be more than 12 s uare feet in area the si n shall not be more than 8 feet in height above the lowest center grade of the roadway ad'acent to the sin location the si n shall not be located closer than 10 feet to a ny propert 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 is dis la ed to instead permit a si n for the Sports Com plex Prosect that: aj shall not exceed 3 50 -sq uare feet in area not to exceed 9 -feet by 15 -feet in disp lay area for each side of the signl; b) shall not exceed 25 -feet in height above the lowest center grade of the roadway adiacent to the sign location; cj shall not be located closer that 0.5 -feet from any property line, and dj shall not be located more than 4,500 feet from Sports Complex Project; and e) shall be abutting to the MPUD boundary. 10. Intentionally Omitted. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 17 MONUMENT SIGN — MPUD 1 SPORTS COMPLEX PROJECT 11. Deviation #11 seeks relief from LDC Section 5.06.04.G "Off -Premises Directional Signs," which permits a sign no more than 12 -square foot sin in area to instead allow for a combined ground/monument sign for the Sports Complex Promect and the City Gate Commerce Park MPUD as follows: aj 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; and c) more than 1,000 feet off-site from the Sports Complex Promect. Once City Gate Boulevard North is acce Med by the Board of Cou nty Commissioners as a yublic road any structural changes to the directional sign shall require a right-of-way ermit. The signage shall be perpetualiv maintained by the City Gate Commerce Park Master Property Owner's Association Inc. or its Successor. Collier County reserves the right to remove the sign to accommodate road expansion of City Gate Boulevard North. SIGNS —SPORTS COMPLEX PROJECT ONLY— ON PREMISES 12. Deviation #12 seeks relief from LDC section 5.06.45 A.3 "Sin 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 sizeper side er Sign and that signs also be oriented along the fence or wall to face the fields(s) or playinp, area, and away from any adjacent public or private roads, to instead allow directional, advertisement, promotional, display, and sponsorship si nae without limitations for type of location size or number, within the Sports Complex Promect. The promection of light from signs to the North shall be prohibited. External Prosection Sign Limits • Lighted signs are allowed facing to the East West and South and cannot be animated • Lighted signs facing to the North are allowed, cannot be taller than 25 -feet, and cannot be animated • U13 to three 3 15 -feet by 40 -feet Isurface area signs may be installed for naming rights; signs can be lighted, but not animated City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 18 PARKING - SPORTS COMPLEX PROJECT ONLY 13. Deviation #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 be paved ..., to instead allow for grassed driveways and access aisles, in grassed parking areas, for the Sports Complex Protect. 14. 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 for the Sports Complex Project up to 75 percent of the provided parking spaces to be grassed parkin 15. 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 no landscaping requirements in rassed vehicular use areas within the Sports Complex Project. This deviation shall only apyl to.grassed parking areas. 16. Deviation #16 seeks relief from LDC Section 4.06.03 B.3 "Landscaning 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 landscape islands when located within grassed parking areas within the Sports Complex Proiect. This deviation shall only apply to grassed parkinp areas. 17. Deviation #17 seeks relief from LDC Section 4.06.03 B.4 "Landscaping and Vehicular Use Areas," which reciuires interior landscaping areas shall require protection from vehicular encroachment throw h gopropriate wheel sto ps or curbs or other structures 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. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 19 LANDSCAPE BUFFERS - SPORTS COMPLEX PROJECT - EAST BOUNDARY 18. Deviation #18 seeks relief from LDC Section 4.06.02 A "Buffer Re uirements " which requires that developments shall be buffered for the protection of property owners from land uses to instead eliminate the landscape buffer requirement along the eastern property bounds 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 igintly Manned. In con unction with the off-site native vegetation requirements See Deviation #21 in this document), the buffer requirements facreage of typical retained native vegetationl vegetationshall be shown on the first site development plans (SDP) application, but maybe relocated with a site development plan amendment (SDPAI application in the future. LANDSCAPE BUFFERS — MPUD 19. Deviation #19 seeks relief from LDC Section 4.06.02 A "Buffer Re uirements " 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 any existing or subsequent Subdivision Plat PPL within the City Gate Commerce Park MPUD east of the F. P. & L. easement. 20. Deviation #20 seeks relief from LDC Section 6.06.010.5 "Landscape Buffers," which reouires a separate buffer tract or easement on the final subdivisionplat— to instead remove this requirement from public or private rights-of-way, within any existing or subsequent Subdivision Plat PPL within the City Gate Commerce Park MPUD east of the F. P. & L. easement. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 20 RETAINED NATIVE VEGETATION - SPORTS COMPLEX PROJECT ONLY 21. Deviation #21 seeks relief, for the Sports Comdex 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.l.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 of 50°% of the Re uired Yard Plan for the Sports Complex Prosect shall be shown on the first site development plan and concurrently a unified site conte t plan shall designate the additional required off-site Yard on the abutting parcel, which shall be under unified control. This shall satish the Required Yard Plan associated with the Sports Complex Project. The off-site native vegetation shall be shown on the first site development planr, SDP application but may be relocated with a site development Oan amendment 5DPA application in the future. CARETAKER RES IDENCES—MPUD INCLUDING SPORTS COMPLEX PROJECT 22. Deviation #22 seeks relief from LDC Section 5.03.05 A "Caretaker Residences " which reg uires that the residence shall be constructed as an integral part of the rinci al structure and shall be entered from within the principal structure to instead allow for a maximum of five S attached or detached caretaker's residence(sl, limited to locations East of the F. P. & L. Easement. WATER MANAGEMENT— MPUD INCLUDING SPORTS COMPLEX PROJECT 23. Deviation #23 seeks relief from LDC Section 5.05.01 "Water Management Re uirements " which requires a complete storm water management system shall be provided for all areas within the subdivision or develo ment includiniz lots streets and alleys, to instead permit water management detention and or retention areas, forthe City Gate Commerce Park, to be located outside of the MPUD bounds ry ner review and acce tante of the South Florida Water Management District. Collier County will take water management to the abutting Count owned Property as a future co -permittee in the South Florida Water Management District Environmental Resource Permit ISFWMD ERP). City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 21 ARCHITECTURAL REVIEW STANDARDS — SPORTS COMPLEX PROJECT 24. Deviation #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 Sports Complex Protect. 2.W-8 STREETS TO BE OPEN TO THE PUBLIC Except as otherwise agreed between County and owner or as determined by the Board of Supervisors of the Community Development District, all streets within the project shall be common property of the project landowners and shall in all cases be open to travel by the public. 2.$9 IMPACT FEES The Citygate City Gate Commerce Park project shall be subject to all impact fees applicable to it at the time of project approval. In the event future impact fees are adapted to assist with various public service facility financing, such fees shall be applicable to the Gitygate City Gate Commerce Park project in accord with the terms of the ordinances which impose the fees. City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 22 2.10 P. U. D. DOCU M ENT COMPLIANCE Responsibility for compliance with the terms of this PUD document, the DRI Development Order and all other applicable public regulatory requirements shall initially be that of the project developer or his successor(s) in title. Prior to the developer or his successor(s) in title being relieved of this responsibility, a project management entity shall be established and given responsibility for continuing maintenance of the project infrastructure, lake, water management facilities, common open space, streets, etc. One entity hereinafterthe Managing Entity) shall be responsible for PUD monitorin until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is the City Gate Commerce Park Master Property Owner's Association Inc. Should the Mana i ng E nt ity desire to transfer the m onitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for le al s ufficiency by the Cou nty Attorne . After such a Rproval the Mana in Entity will be released of its obligations upon written approval of the transfer by Count staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments re uired by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Manag! n E ntity, but the M a naging IF ntity shall not be relieved of its res ponsibiIit under this Section When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. City Gate Commerce Park MPUD PU DA-PL20170002330 March 15, 2018 23 Underlined text is added; Struck through text is deleted SECTION III PROJECT DEVELOPMENT REGULATIONS 3.1. PURPOSE The purpose of the Section is to set forth the development regulations applicable to the 'mate City Gate Commerce Park project. 3.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses [See Exhibit A-3, Permitted Uses -SIC Codes]: 1. WEST OF THE FLORIDA POWER & LIGHT EASEMENT: a. One gasoline service station or fuel dispensing facility b. Hotels or motels including integral cocktail lounges c. Retail sales and personal sa4es service businesses. •••hiEh aFe designed on PaFk ffladfet. Retail sales faellities shall Ret iFielude shopping eeFiteF type use 2. EAST OF THE FLORIDA POWER & LIGHT EASEMENT: a. One gasoline service station or fuel dispensing facility_ b. Light manufacturing and/or processing c. Research, testing, product development d. Service and repair businesses e. Showrooms and sales centers in association with permitted uses f. Storage and distribution uses g_ Publishing, reproduction, communications City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added, Struck through text is deleted March 15, 2018 24 h. Retail sales and personal service businesses whie" aFe designed and ape tom 3. SPORTS COMPLEX PROJECT (See Section 11- Paragraph 2.2.D.): a. Amusement and Recreational Services, Field House Event Center, and. Stadium b. Recreational uses designed and operated to serve a-p+� athletes and/or the public. The Sports Com lex Prosect shall not lease or sell an property 1 facility to a professional snorts team 1 franchise_ c. Passive Recreation (such as, but not limited to walkiniz, hiking and/or biking trails). d. Any uses that are complimentary to and in support of the Recreational uses. e. Hours of Operation for Outdoor Activities (May not Exceed): 1. Sunday through Thursday —7AM to 10PM(weekday holidays, recognized by Collier County Government are subject to the Friday and Saturda time schedule below 2. Friday and Saturday —7AM to 12AM 3. Weather related delays will extend the hours of operation accordingly. f. Any stages -or amplified sound Ii.e. concerts will face the South R. Dark Skies -Outdoor Lighting Basics shall apply 4. BOTH EAST AND WEST OF THE FLORIDA POWER & LIGHT EASEMENT: a. Restaurants, including fast food restaurants b. Utilitarian, recreational, educational, and medical uses and services c. Business and professional offices; financial institutions d. Hotels and Motels e. Any other use which is determined by the PlaR 0 Flg ZS Ai ^h DiFe09r Board of Zoning Appsals to be comparable and/or compatible with the #fie listed permitted uses. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 25 B. Accessory Uses: 1. Accessory uses and structures which are customarily associated with the permitted uses 2. Project sales and administrative offices and facilities 3. Signs as permitted by the Collier County Zoning Ordinance in effect at the time of application for the sign permit and as sub 'ect to Section 2.7 in this document. 4. A maximum of five (51C -caretaker's residences, within the PUD, subject to Section 8.40 of the Zoning Or.d:.,aRee 2m7 of this document. 5. A perimeter security fence and/or wall, not to exceed 8 feet in height. 6. Boat docks within the Recreational and Lake Tract Material whoE, is a„tza� F r development of the project may be removed from the „ eEt _ PPF6Val F the County FRgineer and- the pl,,,,r, 914BRiRg DiFe48F Shall be F8 ,r Fed 18 BS51 na RegativelaFids BF 8H impaEted add. PAinga : measuFes . he r Foci if deemed aPPF9PFK-Ae and n of the.CeHn+ City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 26 3.3. DEVELOPMENT STANDARDS A. Minimum Parcel Size: West of F. P. & L. easement: 1 acre East of F. P. & L. easement: 2 acres B. Minimum Parcel Width: West of F. P. & L. easement: 150 feet East of F. P. & L. easement: 200 feet C. Minimum Yards: West of F. P. & L. easement: front, side and rear yards: 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. East of F. P. & L. easement: Front yard — 50 feet Rear yard — 50 feet 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. Sports Complex Project: Front yard — 50 feet Rear yard — 50 feet Yard (adiacent to White Lake Planned Unit Development) — 50 feet Side yard (all other required) —25 feet, unless abutting parcels are jointly planned, in which case the abutting side yard -requirements may be waived or modified during the SDP approval process. In those instances (East and West of F. P. & L. Easement) 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 multiple building separation adequacy shall be determined during the SDP approval process. No more than 20% of required yards may be devoted to vehicular drives and parking spaces within the City Gate Commerce Park MPUD. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 27 D. Minimum On Site Natural and/or Installed Landscape Area: West of F. P. & L. easement: 20% of gross site area East of F. P. & L. easement: 30% of gross site area The term "Landscape Area" is construed to include fountains, pools, ponds and other water features, walks, terraces, courtyards and other pedestrian spaces when such non -botanical features do not exceed 15% of the required area. E. Maximum Building Height: Hatels, matels and e4mee buildings. 5 steFies, emeept that such uses whiEh aFe Elesef West of the F. P. & L. Easement: Zoned Height: Platted Lots Abutting the Golden Gate Canal: 36 -feet All Other Platted Lots: 60 -feet Actual Height: Platted Lots Abutting the Golden Gate Canal: 43 -feet All Other Platted Lots: 67 -feet City Gate Commerce Park MPU❑ PUPA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 28 East of the F. P. & L. Easement: Zoned Height: Platted Lots Abutting the Golden Gate Canal: 36 -feet All Other Platted Lots: 60 -feet Actual Height: Platted Lots Abutting the Golden Gate Canal: 43 -feet All Other Platted Lots: 67 -feet Sports Complex Project: Zoned Height: 75 -feet Actual Height: 85 -feet; except flagpoles may be extended 40 -feet above the Actual Height per Deviation #4 within this document. Taller buildings may be authorized upon application, following advertised public hearings with due public notice by the Collier County Planning Commission and the Board of County Commissioners, a recommendation by the Collier County Planning Commission, and approval by the Board of County Commissioners. Prior to authorizing a taller building, determination shall be made by the County that the nature of the use to which the building is to be devoted warrants the additional height, that the taller building will not depreciate the intended character and quality of the overall Gitygate City Gate project, and that it will not have negative impacts upon surrounding properties or be detrimental to the public welfare. F. Minimum Principal Building Floor Area: 1,000 square feet (Gasoline service stations are exempt from this standard.) G. Merchandise Storage and Display: The—re "hall he na eut-sid-e- SteFage OF display „� ffierch.and-ise-Outdoor storage and display of merchandise is allowable_ east of the F. P. & L. Easement, pursuant LRC Section 4.02.12. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 29 H. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as not to be visible from a street right-of-way or an adjoining property. I. Parking/Loading: Off-street parking and loading spaces shall be provided in accord with the standards of the Collier County Zoning Ordinance in effect at the time of building permit application. Parking and loading facilities shall be so arranged that backing into, or out of, a street right-of-way is unnecessary. Subiect to Section 2.7 in this document. J. Performance Standards: Noise, odor, vibration, glare (as differentiated from general illumination), smoke and dust readily detectable by human senses at property boundary lines shall not exceed the background levels characteristic of retail commercial areas. In the event some or all of the theses performance characteristics are regulated by applicable federal, state, and/or local law, such regulations shall control. Uses which generate special or hazardous waste shall not be established or permitted to operate unless definitive plans for dealing with the waste product have been approved by all agencies with jurisdiction over the matter. Further, said uses shall be governed by all applicable federal, state, and/or local laws as may be adopted or amended from time to time. The future performance characteristics of a give land use are often not predictable with accuracy at the time of building permit issuance. The above listed performance standards not only apply at the time land uses are initiated, but are continuing performance obligations, unless overridden by applicable federal, state, and/or local law. K. Golden Gate Canal Buffer requirements: Development of sites which abut the Golden Gate Canal shall include installation of landscape and/or structural buffers which insure that residentially zoned properties on the north side of the canal are not subjected to inappropriate views. Buffers shall be shown on site development plans City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck throujgh text is deleted March 15, 2018 30 ;Fed b y Seamen 2.5,14. In evaluating the buffer component of site development pians, the Planning/Zoning Director shall determine adequacy of the planned buffer, taking into account the nature of the planned site utilization, the character of the planned structures(s), and the presence of natural vegetation which will be left in place and which will contribute to the buffering function. At a minimum, the buffer adjacent the Golden Gate Canal shall comply with the cross sections provided within Exhibit AA attached hereto SwRd--a"d` of Sects 8.37 of the ZeniRg Q4F;ance The tree and shrub species, sizes, and spacing shall be approved during the Site Development Plan approval process a+id if deemed to be nece55aFY `Y '"^ P !an nmng/Zeni ng Di rectoF, shall 13E? ME)Fe extensive than requiFed by SPF#mAA 2 4:7 - City Gate Commerce Park MPU PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 31 SECTION IV ENVIRONMENTAL REQUIREMENTS 4.1. PURPOSE The purpose of the Section is to set forth the stipulations by the Environmental Advisory Council. The development of the project shall be subject to these stipulations: 4.2. GENERAL The provision for native vegetation retention requirements for this proiect are set forth in the Required Yard Plan Exhibit 12 to the Determination of Vested Rights for City Gate Development of Regional Impact and PUD and an updated Required Yard Plan is attached as Exhibit A-6. 4.-23 DEVELOPER REQUIREMENTS A. The developer shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the reestablishment of native vegetation and habitat characteristics lost on the site during construction or due to past activities. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 32 C. All exotic plants, as defined in the County Code, shall be removed from development areas, open space areas, and preserve areas during each phase of construction. Following site development, a continuing maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. The maintenance plan, which describes control techniques and inspection intervals shall be submitted to and approved by the Natural Resources Management Department and the Community Development Division. D. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to construction activities. f --.E. To increase lake productivity and habitat values, lake side slope will be 4:1 out to a depth of 3' from mean low water levels. Petitioner shall investigate vegetating littoral shelf areas with various native plant species jupon request, NRMD can provide pertinent information concerning plant species) G F. Petitioner shall design and implement a program to prevent and/or reduce populations of noxious/exotic plant populations within the lake(s), specifically, but not limited to, preventing growth of hydrilla (Hydrilla verticillate), water hyacinth (Elchhornia crassipes), and to a (lesser degree) cattails (Typha latifolis); this program will be subject to the review and approval of NRM D. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 33 4-G. Where applicable, due to development, components of plant communities will be transplanted within preserve areas and/or as landscape elements within the project. Examples of plant species appropriate for transplant would include Sabal palms (Sabal palmetto), and butterfly orchids (Encyclia tampensis). �fi. Due to the concern of the use/generation of hazardous substances, all businesses proposed for the parcel must be subject to the review and approval of NRMD. I. The 0.82 -acres of retained or recreated native vegetation for City Gate Commerce Park - Phase One, shall be completed by Citygate Development, LLC prior to the next SDP application issuance within Phase One for the remaining undeveloped Phase One lots. J. Lot 1 of City Gate Commerce Park - Phase Two Replat (PB 50 - PG 24), also known as the SFWMD Big Cypress Field Station or formerly known as Lots 5 and 5.= Phase Two, includes 0.42 -acres of retained vegetation. This is included in the overall retained vegetation calculations shown within this document in Exhibit A-5, Pages 25-28, The Phase Two requirement equals 5.15 -acres minus 0.42 -acres, which equals 4.73 -acres (remaining Phase Two required retained vegetation). City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 34 SECTION V TRAFFIC AND ENGINEERING REQUIREMENTS 5.1. PURPOSE The purpose of the Section is to set forth the traffic improvements requirements which the project developer must undertake as an integral part of the project development. 5.2. GENERAL Specific transortation conditions are found in the Developer Agreement by and between City Gate Successor and Collier Count December 1 2009 recorded in OR Book 4517 Pae 540 et se and the Amendment to the Developer Agreement June 23 2015 recorded in OR Book 5198 Page 3989 et seg.) 5.43 DEVELOPER RE UIRFMENTS A. Access to this site from CR 951 may present design problems due to the limited distance between Golden Gate Canal and the limited access right-of-way for 1-75. Access drives onto CR951 shall be limited to the existing one which aligns with the water treatment plant access drive and one additional which may be located north of the existing access drive. City Gate Commerce Park MPU❑ PUDA-PL20170002330 March 15, 2018 35 Underlined text is added; Struck through text is deleted E6.The driveway to the water treatment plant shall be widened to a minimum of 24 feet if it is utilized as an access to the adjacent tracts. 4)..C.The close spacing of the CR 951/landfill access road intersection and the landfill access road/water plant entry drive intersection will cause traffic control problems as traffic volumes through the two intersections increase. In order to avoid unnecessary aggravation of those problems by traffic movements into and out of the commercial sites which are closest to the intersection s, special attention shall be given to the location of the entry/exist drives when site development plan applications for sites abutting the water plant access drive and the landfill access road are being reviewed. It shall be understood that the number of access points will be limited in number. &Q.Appropriate left and right turn lanes shall be provided on CR 951 and the landfill access road at all project accesses. Street lighting shall be provided at major access points per County requirements. �-E. Traffic signals shall be installed at CR951 access points when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by the County. The Gitygate City Gate project shall pay a fair share portion of the signal installation costs. G-.F.The above improvements are considered "site related" as defined by Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. 4.G.Oetailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. 4-.H.An excavation Permit will be required for the proposed lake in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 36 SECTION Vl UTILITIES REQUIREMENTS 6.1. PURPOSE The purpose of this Section is to set forth the potable water, irrigation water, and sewer utilities requirements which the project developer is committed to meet. 6.2. DEVELOPER REQUIREMENTS A. Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be the Developer, the assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, county owned or privately owned, into service. Upon completion of the water and/or sewer facilities and priorto the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 37 8. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 38 City Gate Commerce Park MPU PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 39 2, VI.IateF distribution fadkies 48W tile point of capineEtiqR with the CounWmsm utility easements FieeessaFy- 9. The GE)Hii;y will 'ease to the Develp-peF for operation and mawtenance the wate per year, when such syste-FA .-atep and/OF SeweF City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2x18 40 ;:.C. Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division priorto approval of the construction documents forthe project. Submit a copy of the approved 4E* DEP permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof, G. demand, 6F; addmtieA to fire flow demand at the rate appFE)Ved b',' the apffepFlate Pwe r BAtrr.l h1�rriet SeFViElHo the f e6t 4-.D. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for this project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under the consideration. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 41 City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 42 _,, City Gate Commerce Park M P U D PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 43 MAP H City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 44 A U1 I f ZEST OF FPL EAST pE FPL ..1._.... . EABEMENI EASEMENT �- GOLDEN GATE CANAL I I \\\ CRY GATE SOALE)e NORTN II u i ` µ%TER TREATMENT PLANT `� � INOT W THIN CITY CATS CITY G4TE 0;VE - CGMMERCE PARK MPADI r------------ I ' PHASE ONELOT 7 � Ilii I }_--------- ---------- --------- ______..________ , —.--_--_----_____-- WIEST OF FPI EASEMENT \T SG1LC IN FELT EAST OF FPL EASEMETiT CRY GATE SOALEvARD NORTH LAKE A/JD RECREAi1ONAl TFJICF MASTER DEVELOPMENT PLAN CITY GATE COMMERCE PARK IN THE NORTH HALF OF SECTION 35, TOWNSHIP 48. RANGE 26 E COLLIER COUNTY, FLORIDA NOTE A PORTION OF RETAINED VEGETATION MAY BE PROVIDED _ OFF-SITE PURSUANT TO DEVIATION Y21 "SPORTS COMPLEX LOr LAND USE TABLE WEST OF THE FPL EASEMENT RIG14T-OF-µWV718 LOTS AC 27.27 AC TOTALWESTI 3845AC L EE & ¢ RICHT-OF-WAY LOTS VP SPORTS COMPLEX LAKE AND RECREATIONAL TRACY 15pSAC 104.28 AC 112.50 AC) 61 O7 AC 112.50AC1 13.04 AC TOTAL EASY 25517 AC TOTAL CRY GATE COMMERCE PARK PUD 271.55 AC FOR DRIVEWAYSI V PEDESTRIANACCESS ONLY; INTERNAL ACCESS all ROADV AYS ONLY d z � a a w Lu 2 FOR DRIVEWAYS! W Q PEDESTRIAN ACCESS 1 ONLY; INTERNALACCESS w ROADWAYS ONLY O U W ❑ W U WEST OF THE FPL EASEMENT RIG14T-OF-µWV718 LOTS AC 27.27 AC TOTALWESTI 3845AC FAST OF THE FFL EASEMENT h] RICHT-OF-WAY LOTS VP SPORTS COMPLEX LAKE AND RECREATIONAL TRACY 15pSAC 104.28 AC 112.50 AC) 61 O7 AC 112.50AC1 13.04 AC TOTAL EASY 25517 AC TOTAL CRY GATE COMMERCE PARK PUD 271.55 AC [1] TOTAL REQUIRED NATIVE VEGETATIUN TO Gt RETAJNED WTHIN LOTS - 30.50 ACRES al I NCLUDES 610.80 ACRES OF FPL EASEMENT MAP H �]C�iVBR A-7 -96rn .D 7 � " 9a �u l'u 1 1,1rF� j FAST OE.FPL . FASe.A T _ CITY GATE BOULEVARD NORTH ZONING= ESTATES LAND USE; CANAL =DEN GATE CANAL TYPE C LANDSUIPE BUFFER ALONG NORTHERN PUD BOUNDARY {OONSISTENT WITH EXHIBIT AJ] 23 23 � 23 CITY GATE BIXILEVARp NORTH 23 23 I 23 \ 7 I 21 23 2d L Llli �� i_______�, \•, _ .F iii \� ,, ,•- SOUTH COUNTY REGIOKAL � 10 TYPE. R LANDSCAPE BUFFER ++� WATER TREATMENT PLANT \ `5 ALONG EASTERN PUD BOUNDARY V I ( NOT HLTHIN CITY GATE LAS AND i�CjI�IT"/`PATE DRIVE CMERCE PARK MPUD1 ` RECREATIOHRL TRACT i 1 LOT �I \ Ilryf }----------i�=\ -SPORTS COMPLEX LOT" 4 5 � I j �-----•-" � .� � I � � I 23 23 2d I I $ 6 7 \\\ 11 1 '7 �\ I 1 l CRY GATE BOULEVARD $OLIN B 7 I s+ I I 1 U I _ __ _ _ __ TYPE D LATtlPSCAPE SUFFER ___ \\ S TYPE ALANDSCAPE BUFFER 23 ❑ 1ALONG PORTIONS OF SOUTHERN 1�I ALO COLLIER BOULEVARD \\ ALONG PORTIONS OF SOUTHERN PUD BOUNDARY Pup BOUNDARY - ' \\ FOR INDUSTRIALUSE ONLY • TO BE EVALUATED I\\ DURING SDP APPLICATION ppp ZONING: COLLIER COUNTY \\ RECOVERY BUSINESS PARK `PUC ZONED HEKTIiT ACTUAL HEIGHT LAND USE: COUNTY FACILITIES 96FEET ZONING. AGRICULTURAL 23 LAND USE: (UNDEVELOPED \ 7 I 21 23 2d L Llli �� i_______�, \•, _ .F iii \� ,, ,•- SOUTH COUNTY REGIOKAL � 10 TYPE. R LANDSCAPE BUFFER ++� WATER TREATMENT PLANT \ `5 ALONG EASTERN PUD BOUNDARY V I ( NOT HLTHIN CITY GATE LAS AND i�CjI�IT"/`PATE DRIVE CMERCE PARK MPUD1 ` RECREATIOHRL TRACT i 1 LOT �I \ Ilryf }----------i�=\ -SPORTS COMPLEX LOT" 4 5 � I j �-----•-" � .� � I � � I 23 23 2d I I $ 6 7 \\\ 11 1 '7 �\ I 1 l CRY GATE BOULEVARD $OLIN B 7 I s+ I I 1 U I _ __ _ _ __ TYPE D LATtlPSCAPE SUFFER ___ \\ S TYPE ALANDSCAPE BUFFER 23 ❑ 1ALONG PORTIONS OF SOUTHERN 1�I ALO COLLIER BOULEVARD \\ ALONG PORTIONS OF SOUTHERN PUD BOUNDARY Pup BOUNDARY - ' \\ FOR INDUSTRIALUSE ONLY • TO BE EVALUATED I\\ DURING SDP APPLICATION ppp ' \\ TOTAL NEST ZONED HEKTIiT ACTUAL HEIGHT FLATTED LOTSADJACENT TO GOLOENGATE CANAL 96FEET �3•FEET ALL OTHER PLATTED LOTS 60FEET _ __I-. a• EAST OF F.P 6 L. EASEMENT ROADV AYS ONLY J 1 _ WEST EAST OF FPL ALL OTHER PLATTED LOTS •\ EASEMENT EAST OFF P. d L EASEMENT (SPORTS COMPLEiq DEVIATION REQUESTS 7S.FEET 85FEET DEVIATION REQUESTS 22 6 23 ARE PROPOSED TO ® 23 OCCUR THROUGHOUT THE CITY GATE COMMERCE 1 PARK MPUD NOTE (SPORTS COMPLEX PROJECT ACTUAL HEIGKI). u m THE ACTUAL HEIGHT OF FUTURE STRUCTURES ON THE L PEDESTRI AN ACCESS ALL QTHER DEVIATIONS HAVE BEEN IDENTnED AND SPORTS COMPLEX PFAI*CT SHALL BE EQUAL TO THE I GENERALLY LOCATED LMTHUN THE SUBDIVISION ACTUAL STRUCTURE UEK31T1 PLUI3 THE FLAGPOLE ROADHWYS ONLY MASTER CONCEPT PLAN HEIGHT- FOR EYAMPLE- THE M ACTUAL STRUCTURE HEIplT DF e'FEET PLUS THE MAXIMUM - - PLEASE REFER TO EXHIBIT A•1: MASTER FLAGPOLE HEIGHT OF �OfEET EQUALS AV oYEPALL DEVELOPMENT PLAN 3 OF 5 • 5 OF 5 FOR ALL MMWJM HEFCW OF 125iEET. DEVIATION SPECIFICATIONS AND REQUESTS REQUIRED OPEN SPACE CALCULATION , CITY GATE COMMERCE PARK MPUD 281.55 AC S scut IN FEET 291.55X901. • 87.47 ACRES •�'-�_'-rri�-ZONING- WHITE LAKE PUD - LAND USE. DEVELOPED AND LAND USE TABLE UNDEVELOPED INDUSrRtAL 7nJAn ANn AC.TL IAI Rt 111. DING HEIGHTS VVEST OF F.P 6 L EASEMENT ' LAND USE. UNDEVELOPED TOTAL NEST ZONED HEKTIiT ACTUAL HEIGHT FLATTED LOTSADJACENT TO GOLOENGATE CANAL 96FEET �3•FEET ALL OTHER PLATTED LOTS 60FEET 67•FEET EAST OF F.P 6 L. EASEMENT ROADV AYS ONLY PLATTED LOTS ADJACENT TO CD DEN GATE CANAL 3B.FEET 43 -FEET ALL OTHER PLATTED LOTS WEFT 07 -FEET EAST OFF P. d L EASEMENT (SPORTS COMPLEiq SPORTS COMPLEX LOT' 7S.FEET 85FEET ZONING AGRICIJLTLIWLIU ' LAND USE. UNDEVELOPED TOTAL NEST 80.45AC y@p@jI RIGHT-0F-WAY1S.S6 AC LOTS., 164.26AC SPORTSCCMPLEX 6IWAC LACE FWD RECREATIONAL TRACT 13BAAC �y�M1L��FxF i FORORIVEmysr tz PEDESTRIAN ACCESS ONLY; INTERNAL ACCE$$ I� ROADV AYS ONLY - o 0. S 4:6- i a z w FOR DRIVEWAYS( m Q L PEDESTRI AN ACCESS ILI W GNLY. INTERNAL. ACCESS W ROADHWYS ONLY O LU O 6 V WE OF THE FPL EASEMENT RIGHT -OF AY LOTS I 7.16 AC 2827 FVC TOTAL NEST 80.45AC EAST OF THE FPL EASEMENTI'I RIGHT-0F-WAY1S.S6 AC LOTS., 164.26AC SPORTSCCMPLEX 6IWAC LACE FWD RECREATIONAL TRACT 13BAAC &25D AC7 (=250 ACI TOTAL EAST 2551 O AC TOTAL CITY GATE COMMERCE PARK PUD 261.55 AC [1] TOTAL REQUIRED NATIVE VEGETATION T9 BE 1 RETAINED WITH 14 LOTS • 90 50 ACRES a[e1.q [2) INCLUDES x 10.00 ACRES OF FPL EASEMENT EJCHIBD A.4 A V LIST OF DEVIATIONS )NTE ITTIONAIIY OMTTEO 7 INTENTIONALLY OM TREp �j-11 4 DIRECTORY SIGN - MPUD - PLATTED LOT 7, PHASE ONE DEVIATION 43 SEERS RELIEF FROM LDC SECTIONS"06"0{ F,1'ON-PREMISE SIGH " WHICH REQUIRES FOR SINGLE4)CCUPANCY OR MULTI PLE-OCCUPANCY 1675 HAVING FRONTAGE OF 1564E ET OR MORE ON A PUBLIC STREET OR CO MBINE4 PUBLIC STREET FRONTAGE OF 2" LINEAR FEET OR MORE FOR CORNER LO TO HAVE ONE POLE OR GROUND SIGN, AND REQUIRES A MINIMUM SEPARAnON OF 1 ODD-FEFT AS MEASURED ALONG THE STREET FRONTAGE, AND ALL SETBACK REQUIREMENTS ARE MET t3�, YO INSTEAD ALLO W lih a] ONE ADDITIONAL DIRECTORY SIGH FOR THE CRY GATE COMMERCE PARK MPUD ON LOT ] LOCATED WITHIN QEY GATE COMMERCE PARK PHA$f ONE PIAT AS RECORDED IN PIAT BOOK 41. PAGES 6-7 OF THE PUBLIC RECORDS OF COLLIER COUNTY AS SWMH ON THE ATTACHED WASTES DEVELOPMENT PLAN EXHIBIT A-1, PAGE 2 OF 5; AND hj A MINIMUM SEPARATgH 104 FEET FROM ANY ON -SIE MDNUMEIIT 5AGN5. s a 6 4 FLAGS AND FLAGPOLES - SPORTS COMPLEX PROJECT 04 SEERS RELIEF FROM LDC SECTION 5-06.04 F.B,{'FLAGS AND FLAGPOLES," WHICH REQUIRES THAT A FLAGPOLE SHALL NOT EXCEED 50 FENT IN HEIGHT F THE Fi NISHED GRAD NOR EXtMf) MORE THAN 2D FEET FWM ANY BUILDING TO WHICH IT I5 ATTACHED Fx�AJR g Y! y 7� ❑DEVIATION 4 g01�$55g TO INSTEAD ALLOW WITHIN THE SPORTS COM PLEX PROJECT n al A MAXIMUM HEIGHT OF 100 FEET FROM FINISHED GRADE; gl W EXTENSION UP TO 40-FEFT FROM ANY BUILDING TO WHICH R IS ATTACHED: AND C) UP TO 100 FLAG POLES SEPARATEp BY A MINIMUM OP 100 FEET WTRIIN THE SPORTS COMPLEX PROJECT, EXCEPT FLAG POLES ATTACH ED TO THE STADIUM STRUCTURE ARE NOT SUBJECT TO THE 100 FOOT MINIMUM SEPARATION" �7a 2 di THE ACTUAL HEIGHT OF FUTURE STRUCTURES ON THC SPORTS COMPLEX PROJECT SHALL BE EQUAL TO THE ACTUAL STRUCTURE HEIGHT PLUS THE FLAGPOLE HEIGHT- FOR EXAMPLE THE MAXIMUM ACTUAL STRUCTURE HEIGHT OF 95 -FEU PWS THE MAXIMUM FLAGPOLE HEIGHT OF OP FEET EQUALS ANR x OVERALL MAXIMUM HEIGHT OF 12S -FEET. a 2 LU DEVIATION I5 SEERS RELIEF FROM LOC SECTION 5.06.04 4.8.6 'FLAGS AN p FIAG POLES" WHICH PERMITS NON-RESIDENTAL DEVELOPMENTS AT LEAST 10 ACRES IN SIZE HAVING MULTIPLE ENTRANCE MAY HAYS UP TO3 FLAGPOLES AT EACH ENTRANCE THAT PROVIDES INGREWEGRESS OFF AN ARTERIAL OR COLLECTOR ROAD PROVIDED THATTHERE 15 A MINIMUM 3DO-FOOT SEPARATION BETWEEN ENTRANCES, TO INSTEAD ALLOW SIX FLAGPOLES AT EACH ENTRANCE WITHIN THE SPORTS COMPLEX PROJECT. THE THREE FLAGPOLES THAT ARE CWSTE RED ARE NOT mW .� SUBJECT TO THE LOD FOOT MINIMUM SPEARATION IN DEVL4TICN 04" V w Ul wO � DIRECTIONALSIGNS-MPUD/SPORTS10MPLEX PROJECT (WITHINMPUDI O t~n U DEVIATION K6 SEE95 RELIEF FROM LOC SECTION S.MO4 F.S'ON•PREMISE DIRECTIONAL 54GN ' WHICH REQUIRES THAT DIRECTIONAL 51GN5 SHALL NOT EXCEED 6 SQUARE FEET IN AREA, 4 FEET IN HEIGHT, BE LIMITED TO TWO AT EACH VEHICLE ACCESS POINT AND A MAXIMUM OF 4 -(21 INTERNA(-T6THE MPU DAND LOC SECTION 5.06.04 G"2.e'OFF-PREMISE OIRECTlpNAI SIGNS" WHICH REQUIRES7NA7 DIRECTOH,4L SIGNS 0E LIMREOTO WITHIN 000 FEET FROM THE BUILDING STRUCTURE OR USE FOR WHICH 714E SIGN 15 DISPLAYED TO INSTEAD ALLOW COMBINED AFF -PREMISES AND ON -PREMISES DIRECTIONAL SIGNS FOR THE MPUD, AND THE 5POR75 COMPLEX PROJECT, WITHIN THE MPLIO"S INTERNAL PUBLIC OR PRIVATE RIGHT-OF-WAY, OR ABUTTHG THERETO LUT MOUE THAN 200 FEET FROM COLLIER g i IIF,,.fy FH7ULEYRRD),_ AS FO110W 5. a) PROVIDEMORE THAN 12 -SQUARE FEET IN AREA PER SIGN; 0=8 _NO 6) DIRECTIONAL SIGILS SHALL NOT EXCEED SFEET IN HEIGHT; 4 UP TO SEVEN 171 pIRECTDNAL SIGNS, WHICH MUST BE SEPARATEp BYA MINIMUM DISTANCE OF 2564EET" AND d] DIRECTIONAL SIGNS MAY BE MORE THAN IM FEET FROM A BUILDING, STRUCTURE OR USE {INCLUDING THE SPORTS COMPLEX PROJECT) FOR WN ICH THE SIGN 15 OISPLAYEO. DEVIATION 0 59EKS BELIEF FROM LDC SECTIONS"06A{ F-9-. '07V -PREMISE DIRECTIONAL SIGNS," WHICH LIMOS ON -PREMISE DIRECTIONAL SIGNS INTERNAL TO A SUED NASION OR OEVELOPM ENT TO MAINTAIN A MINIMUM SETBACK OF 14FEET FROM PROPERTY LINES, TO INSTEAD ALLOW A MINIMUM SETBACK OF 6FEET. THIS DEVIATION SHALL APPLY TO ON -PREMISE DIRECTIONAL SIGNS ALONG PUBLIC OR PRIVATE RIGHT-OF-WAY, THROUGHOUT THE CITY GATE COMMERCE PARI( MPUD" THIS DEVIATION DOE5 NOT APPLY TO OIRECTiONAL SIGNAGE ON THE SPORTS COMPLEX PROJECT. -EJLH1 BIT A-1 LIST OF DEVIATIONS (CONT.) POLE MOUNTED5IGN WITH DISPLAY - SPORTS COMPLEX PROJECT ©DEVIATKJN 05EEXS RELIEF PROM LDC SECTION S.O&DE G.1 -OFF -PROMISES 041RECTICIARI,$4& ,' WHICH PERMITS OFF-STTE PIRECTIONALSIG NS ONLY IN NONRESIOENTULL ZONING DISTRICTS, AGRICULTURAL DISfRICFS AND DESIGNATED NONRESIDENTIAL COMPDXEMS OF PODS, TO INSTEAD PERMIT ONE Ill OFF -27E IDENTIFICATIOK PROMOTIONAL ANO SPONSORSHIP SIGN FOR THE SPORTS COMPLEX PROJECT WITHIN THE COLLIER OP COUNTY COMMISSIONERS APPROVAL BY 5IMPLE MAIORT' VOTE OF THE lOCA7NN: PLEASE REFER TO THE MASTER DEVELOPMENT PLAN EMIBR A-1. PAGE 2 OF S. AND THE SIGN OE AARM EXHIBIT A -S. E WHICH 15 NOT VISIBLE FRO M21 DEVIATION J19 SEERS RELIEF FROM LDC SECTION 5.06.04 G2 "OFF -PREMISES DIREC7lONR4 SIGNS' WXILN ALLOWS NO MORE THAN I ONE-SIDED OR 1 DOUBLE -SIDED OFF -PREMISE DIRECTIOTIAL SIGNS BE PERMTTEP FORA BUILD! G STRUCTURE.OR 515M I,1 THE ROADWAY SERVING SUCH BUILDING STRUCTURE OR USE AROVIDED THAT EACH SIGH SHALL NOT BE MORE THAN N SQUARE FEET IN AREA, THE SIGN SHALL NOT K MORE IMAM R FEET iN HEIGHTABOVE THE LOWESTCENTER GRMEOFTHE ROADWAY ADJACENT TO THE SIGH LOCATION, THE SIGN SHALL X07 BE LOCATED CLOSER THAN 10 FEET TOANY PROPERTY UNE,TNE APP{ICAHJ SHALL 50BMIT WITH THE PERMIT APPLICATION AXD THE SIGN SHALL BE LOCATED HO MORE THAN 1,906 FEET FI{OM THE BUILDING, STRUCTURE, OR USE FOR WHICHTHE SIGH IS DISPLAYED TO INSTEAD PERMIT A SIGN FOR THE SPORTS COMPLEX PROJ ECT THAT: aj SHALL NOT EXCEED 350-4UARE FEET IN AREA NOT 70 EXCEED ¢FEET BY 15 -FEET W DISPLAY AREA FORE EACH SIDE OFTHE SIGN 61 SHALL NOT EXCEED 254EET IN HEIGHT ABOVE THE LOWEST CENTER GRADE OF THE RDATSWAY ADIAC:ENTTO THE SEGNL:F=ON- c) SHALL NOT BE LOCATED CLOSER THAT O.S-FEET FROM ANY PROPERTY LINE; CD SHALL NOT BE LOCATED MORE THAN 4,500 FEET FROM SPORTS COMPLEX PROJECT; AND r} SHALL BE ABUTTING TO THE MPUD BOUNDARY - T O 1NTENTIONALLY OM RTE D- MONUMENTSIGN-MPUD PORTS CO MP LEX PROJECT T T DENATION Jill SEEKS RELIEF FROM LOC SECTION 5.06.04.G "OFF-PPE.MJSE5 DIRECTIONAL SIGNS," WHICH PERMRSASIGN NO MORE THRH 72341iARE FOOT SIGN IN ARE YD INS7EADALIOW FOR A CPMBINED GROUND MONUMENT SIGN FDR THE SPORTS COMPLEX PROJECT AND THE CITY GATE COMMERCE PARR MPUD AS FOLLOWS- a1 64 -SQUARE FEET INA 61 LOCATION IN THE ROAD RIGHT-OF-WAY, LABELED CITY GATE BOULEVARD NORTH ON EXHIBIT A3, WITHIN THE TRAFFIC SEPARATOR; AND C) MORE THAN 1,000 FEET OFFSITE FROM THE SPORTS COMPLEX PROJECT. ONCE CITY GATE BOULEVARD NORTH IS ACCEPTED BY THE BOARD OF CO UNV COMMISSIONERS ASA PUBLIC ROAD, ANY STRUCTURAL CHANGES TO THE DIRECTIONAL SIGN SHALL REOUIRE A RLGHT-OF-WAY PFRMR. THE SIGNAGE SHALL BE PERPETLIRLLY MAIHEAINED BY THE CITY GATE COMMERCE PARK MASTER PROPERTY OWNER'S ASSOCIATIONS, INC. CXR ITS SUCCESSORS. COLLIER COUNTY RESERVES THE RIGHT TO REMOVE THE SIGN TO ACCOMMODATE ROAD EXPANSION OF CRY GATE BOULEVARD NORTH. SIG NS - SPORTS COMPLEX PROJECT ONLY = ON PREMISES DEVIATION P12 SEEKS RELIEF FROM LOCSECTION 5.06.05 A.3'51GN EXEMPTION " WHICH PERMTS SIGNS TOM LOCATED ON FENCES OR WALLS SURROUNDING ATHLETIC FIELDS, OR WITHIN SPORTS AREN STADIUMS AND THE LIKE Mn TO EXCEED 32 SOVARE FEET IN SIZE, PER SIDE, PER T2 SIGH AHD THAT SIGNS ALSO BE ORIENTED ALONG THE FENCE OR WALL 70 FACE THE ITEC S OR PLAYING AREA, AND AWAY FROM ANY .f ACENT PUBUC OR PRIVATE ROAD 70 INSTEAD ALLOW DIRECTIONAL, ADVERTISEMENT PROMOTIONAL,DISPLAY AND SPONSORSHIP SIGNAGE WITHOUT LIMITATIONS FOR TYPE OF, LOCATION,I R UMBER WRN1N THE SPORTS COMPLEX PROD CT. THE PROJEC71OM OF NIGHT FROM 5JGN5 OTME NORTH SHALL BE P tui EXTERNAL PROJECTION SIGN LIMITS rIIGHTEQ5IGHSARERLLOWED FACING THO E0.5T, WEST, AND SOUTH AMD CANNOT BE ANIMATED .LIGHTED SIGNS FACING70 HE NORTH ARE ALLOWED, CANNOT BE TALLER THAN Z5 -FEET RNQ CANNOT BE ANIMATED .UPTOTHREE (3)15 -FEET BY 40-FEET(5URFACE AREA SIGNS MAY BE INSTALLED FOR NAMKG RIGHTS, SIGNS CAN BE LIGHTED BUT NOT ANIMATED PARKI NG - SPO RT COMP LEI( PROJECT ON LY ❑DEVIATION N13 SEEKS RELIEF FROM LOC SECTION 4.05.02 B.1'PARKING LOTS AND SPACES - SURFACING 5TANDAROS," WHICH REQUIRES THAT PARKING LOT DRIVEWAYS AND RDCESS Al5LE5, TO BE PAYED. -. lO INSTEAD ALLOW FORGRASSED bR1VOWAYSAND ACCESS AISLES, IN T3 GRASSED PARKING AREAS, FOR TME SPORTS COMPLEX PROJECT, 14 DEVIATION 434 SEEKS RELIEF FROM LDC SECTION 4.05.04 G TABLE 17 "PARKING SPACE REQUIREME 'WHICH PERNBT GRASSED PJIRXIHG FOR NOT MORE THAN 50 PERCENTOF THE PROVIQED PARKING FORTHE FAOLITIES PIAXN ED FOR THE SPORTS COMATE TO INSTEAD ALLOW XOR THE SPORTS COMPLEX PROJECT UP TO 75 PERCENT OF THE PROVIDED PARKING SPACES TO BE GRASSED PARKING. Fri', G i 7igg7�� F A-1 it LIST OF DEVIATIONS (CONT ) PARKING - SPORTS COMPLEX PROJECT ONLY {CONT.} T5 DEVIATION NIS SEEKS RELIEF FROM DC SECTION 0.06.03 R-1 "LAX DSCAPING IN VEHICULAR USf 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 NO s LANDSCAPING REQVIREMFNISXN GRASSED VEHICULAR USE AREAS WITHIN THE SPORTS COMPLF%PROTECT- THLS DEVIATION SHALL ONLY APPLY TO GRASSED PARKLHG AREAS, TB DEVIATIONDC 416 SECICS RELIEF FROM LSECTION 4.06.93 &B "LANOSCAYIHG AHD VEHICULAR USE AREAS' WHICH REgUIRES ALL itOWSOF PARKING SPA[ESSHALL BE BORDERED ON EACH END BY CURBED LANDSCAPE ISLANDS TO INSTEAD REMOVE THE REQUIREMENT FOR LANDSCAPE fp a a 3 i ! 15IAND5 WHEN LOCATED WTIH[7y GRASSED PARKING AREAS WITHIN THE SPORTS COMPLEX PROJECT- THIS OEVIATICIN SHALL ONLYAPPLYTO GPASSCD PARKING AREAS, S r 17 DEVIATION N]7 SEEKS RELIEF FROM LDC SECTION 4.96.03 B.4 "LANDSCAPING ANb VEHICUWA USE AREAS," WHICFI REQUIRES INTERIOR LANDSCAPING AREAS SHALL RE ULRE PROTECTION FROM VEHICULAR ENCROACHMEW THROUGH APPROPRIATE WHEEL STOPS OR CURBS OR OTHER 177 PARKING AREA5. F11; STRUCTURES, TO INSTEAD ALLOW FOR NO WHEEL STOP CURBS OA OTHER STRUCTIJRf5 WITH INTHE SPORTS COMPLE%PRO]ECT. THI5 DEVIATION SHALL ONLY APPLY TO GRASSED LAN DSCAPE BU FFE RS - 5 PORTS COMPLEX LOT - EAST BOU N DARY Q .E T,8 DEVIATION III IS SEEKS RELIEF FROM LOC SECTION 4.06M A "BUFFER REQUIREME " WHICH REQUIRES TORT DEVELOPMENTS SHALL BE BUFFERED FOR THE PROTECTION DT PROPERTY OWNERS FRQM 17AN0 USE TO INSTEAD ELIMINATE THE LANDSCAPE BUFFER REQUIRE MENT ALONG NATIVE THE EASTERN PROPERTY BOUNDARY OF THE SPORTS COMPLEK LOT, PROVIDED THERE IS UNIFIED OWNERSHIP pFTHE SPORTS CDMPLE%LOTAHD 7NE ABUTTJHG PROPERTY TO THE EAST WHERC7HE DEME LOPMFNT L5IOINTLY PLANNED. IN CONJUNCTIOJJ WITH THE OFFSTTE R C P VEGETATION REQUIREMENTS SEE DEVIATION N211N THI5 Dp[U ME THE RLTFFER REQVIREMENTS LREAGf OF TYPICAL RETAINED NATIVE VEGETATION SHALL BE SHOWN OX THE FIRSTSRE DEVELOPMENT PLANS SDP APPLICATION BUT MAYBE RELOCATED WITH A SITE B ; a DEVELOPMENT PIAN AMENDMENT LSDPAS APPLICATION IH THE FUTURE. LANDSCAPE BUFMRS -MPUD DEVNTK]ry N19 SEEKS RELIEF fiiOM LDC SECTION 4.06.02 A "BUFFER REQWREMENTS; WHICH REQUIRES A SEPARATE BUFFER TRACTOR EASEMENT ON THE OVAL SUBDIVISION PLAT TO INSTEAD REMOVE THIS REQUIREMENT FROM PUBLIC OR PRIVATE RIGHTS-OF-WAY, WITHIN ANY yw FFr FaiV?�� T9 ExISTING OR SUBSEQVENT SUBbMISIOH PLAT PP WITHIN THE CRY GATE COMMERCE PARK MPUD. EAST OF THE F- P- & L EASEMENT. �u i R DEVIATION #2 SEEKS RELIEF FROM JOG SECTION 6-06-01 OS "IAHbSUVPE BUFFERS" WHICH REQUIRES A SEPAFIATE BUFFER TRACTOR EASEMENTgN THE FINAL 5UBp1VWON PLAT, TO INSTEAD REMOVE THI5 FLEQVIIIEMENY FROM PUBLIC OR PRIVATE RIGn q-0 IWAY. WITHIN ANY ® EXISTING OR SUBSEOVENT SII BDJVISION PLAT MPW, WITHIN THE CITY GATE COMMERCE PARK MPUD EASTOFTHE F- P. & L EASEMENT. CS RETAINED NATIVE VEGETATION - SPORTS COMPLEX PROI ECT ONLY Y a DEVIATION J121 5E EKS RELIEF FOR THE SPORTS COM PLE% PROJECT ONLY FROM THE P D'5 RE9N RED YARD PLAN WHICH REQUIRES NATIVE VEGETATION RETENTION TO RE ON-SITE. AND LDC SECTION 3.05,07 HAS "OFF-SITE VEGETATION RETENTION " TO ALLOW AT A MIN LMUM SWLOF IL L) 21 THE REQUIRED YARD PIAN TO BE COM PLETEO ON•SLTE MPUD AND AT A MAXIMUM SOIL TO BE COMPLE7E0 OFF-STIT CU RRENTLY OUTSIDE OF THE MPUD BOUNDAR i0 ACCOM P115H $UCH, A MINIMUM Of 50%OF THE REQUIRED YARD PIAN FOR THE SPORTS COMPk-E%PROLE 2 SHALL BE SHOWN ON THE FIRST SLTE DEVELOPMENT PLAN ANO CONCURREN7lYA UNIFIED SITE CONCEPT PLAN SNAIL DESIGNATE THE AODITIpHAt REgUIREO OFFSITE YARD DN THE ABUTTING FARCE WHICH SHAH BE UNDER UNIFIED CONTROL. THIS SHALL SATISFY THE REQUIRED U YARD PLAN ASSDCIRTEb WITH THE SPORTS COMPLEK PROIECP- THE OFF-SITE NATIVE VEGETATION SHALL BE SHOWN ON THE FIRST %rTE DEVF( QPMENi PLAN SOP APPLICATION BUT MAY BE RELOCATED WITH A 51TE DEVE LENT PLAN AMENDMENT 50PR APPLICATION IN THE F FUTURE. H CARETAKER RESIDENCES - MPUD INCLUDING SPORTS COMPLEX PROJECT �Drk ! DEVIATION N22 SEEKS RELIEF FROM LDC SECTION 5,03,05 A "CARETAKER RESIDENCE ' 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 INSTEAD ALLOW FOR A MAXIMUM OF FIVE J5I ATTACHED OR DETACHED CARLYAKfR'S RESIDENCE 5 UMTTEOTO LOCATIONSEASTpFYHE F. P. S L EASEMENT. Q �A.s WATER MANAGEME NT - IMP LID INCLUDING SPORTS COMPLEX PROJECT DEVIATION 1123 SEEKS RELIEF PROM LDC SECTION 6A6.OE "WATER MANAGEMENT REQVIREMENTS," WHICH REQUIRES COMPLETE STORMWATER MANAGEMENT SYSTEM SHALL AF PROVIDED FOR ALL AREAS WITHIN THE SURDRASION OR DEVELOPMENT INCLUDING LOTS STREETS DIEMCT- 23 AND AUEYS, TO INRV O PERMIT STORMWATER MAILAGEMENT DETENTION ANDOR RFTENTIOH Ae EOR YHE CRY GALE COMMERCE PARK, TO BE LOCATED OUTYIDF OF THE MPUD &TU "DAILY PER REVIEW AND ACCEPTANCE OF THE SOUTH FLORIDA WATER MANAGEMENT COWER COUNTY WILL TAKE WATER MANAGSMENT TO THE ABLIYITNG COUNTY OWNED PROPERTY ASA FVTURECo-PERMITTEE IN THE SCWIFJ FLOPob WATER MANAGEMENT WSTRlC7 ENVIRONMENYAL RESOURCE PERMIT SPWMD ERP - ARCO ITECTLIRAL REVIEW STANDARDS- SPORTS COMPLEX PROIECT ONLY C L ❑DEVIATION 024 SEEKS RELIEF FROM LDC SECTION 5.05.98 -ARCHITECTURAL AND $FTE DESIGN STANDARD "WHICH PROVIDE ARCNRECTVRALGUIDELLHES, TO INSTEAD ALLOW FOR THE OEVIA7ION PROCESS IH SECTION 5.O5.08.G OF THE LDC FOR BUILDINGS LOCATED WITHIN THE SPORTS [ 5 ..gg 24 COMPLEX PROJFCT- F�CFIIof A-1 EXHIBIT A-2 (I OF 3) TABLE 12.B.3 % of Gross % of Gross Building Site Development by Phase Building Site Building Site Parking Spaces Employees Amount of Building Site Usage Area 1 II Ill IV V Acreage 44M �3j Building Development Service Station 3 1 1 1 6.27 75 31 3 Stations Hotel/Motel 11) 4 1 1 1 1 8.36 500 200 250 rooms Restaurant/Lounge (2) 3 1 1 1 6.27 500 125 34,000 sq. ft. Retail, personal service, 4 1 1 1 1 - 8.36 334 208 56,000 sq. ft. medical service {3 Public, utilitarian, 5 - 1 1 2 1 10.45 516 261 80,000 sq. ft. recreational, educational Offices -(4} 20 - 3 5 6 6 41.8 2062 1433 836,000 sq. ft. Light manufacturing; processing; storage and 35 5 10 10 5 5 73.15 1000 1250 1,520,000 sq, ft. distribution ll Research, testing, 6 - - 2 2 2 12.64 300 313 100,000 sq. ft. development Service and repair 10 2 2 2 4 20.9 500 522 164,000 sq. ft. businesses ll Showrooms and sales centers in association with 5 - 1 2 2 10.45 516 261 60,000 sq. ft, permitted uses 4 Publishing, reproduction, 5 - - 1 2 2 10.45 250 261 80,000 sq. ft. communications (4j_ Total 100 9 19 26 24 22 209 6,553 4,865 City Gate Commerce Park MPll❑ PUOA-PL20170002330 80 Underlined text is added; StF °^k `hFeugh text is deleted March 15, 2018 EXHIBIT A-2 (PAGE 2 OF 3) TABLE 12.8.3 (Continued) City Gate Commerce Park MPUa Underlined text is added; Btrurl( through text is deleted PUDA-PL20170002330 51 March 15, 2018 % of Gross % of Gross Building Site Development by Phase Building Site Building Site Parking Spaces Parking Spaces Employees Amount of West of FPL Usage Area 1 II III IV V Acreage 4b}i31 �Z Building Development 33.44 Service Station 3 1 1 1 - - 6.27 75 31 3 Stations Hotel/Motel (1) 4 1 1 1 1 - 8.36 500 200 250 rooms Restaurant/Lounge (2) 2 1 - 1 - - 4.18 333 83 22,670 sq. ft. Retail, personal service, 2 1 1 - - - 4.18 167 104 28,000 sq. ft. medical service 44 Offices 04 5 - - 2 2 1 10.45 516 358 209,000 sq, ft. Total 16 4 3 S 3 1 33.44 1,591 776 City Gate Commerce Park MPUa Underlined text is added; Btrurl( through text is deleted PUDA-PL20170002330 51 March 15, 2018 % of Gross % of Gross Building Site Development by Phase Building Site Parking Spaces Employees Amount of East/West Split Area 1 II IN IV V Acreage �Z OU3 Building Development West of FPL 16 4 3 5 3 1 33.44 1,591 776 East of FPL 84 5 15 21 21 21 175.56 4,962 4,089 Total 100 9 19 26 24 22 209 6,553 4,865 City Gate Commerce Park MPUa Underlined text is added; Btrurl( through text is deleted PUDA-PL20170002330 51 March 15, 2018 EXHIBIT A-2 (PAGE 3 OF 3) NOTES: (1) The hotel/motel designation contemplates full service facilities which incorporate overnight accommodations, restaurant and lounges, conference and business meeting facilities, recreation and other ancillary uses which are characteristic of large hotel/motel complexes. it is anticipated that initially developed motel facilities will be much more abbreviated than the full service facilities which will emerge during project buildout. (2) The restaurant/lounge category constitutes food and beverage service facilities which are independent of those which are incorporated in the hotel/motel complexes. It is estimated that this category will consist of two quality restaurants (order at table from menu), aggregating 16,000 square feet of floor area; and two fast turnover restaurant (cafeterias or food service at counter) aggregating 17,200 square feet of floor area. Three of the restaurants will be located on the western portion of the site where they will be accessible to both highway travelers an the large number of employees within the project. 9+,e_ 4-3} These sales af4 s� will pFi FR aFily 5@FVe iAte Rtase highWaY tFavelef5 af4 e ; yees e -F 6 us 0 FieSW5 wig t#e pFeje r=t, 44 Tl4e 9f*iEe EategeFy 45 limited t:e efflEeswhir-14 afe PARGipal uses, aim +fees ffeot in-sh-de Affices whieh a•Fe anElllary to aFfd ;ncorpofated if} e#ha 4-+A4 !flew +ec adFAiRl5tFafiV@ ^4�5 wi*hmR a 4914 FRaRb1fa6WFiAff8F feseaFEh and ` etelepmmen 4fn4-. AA$S1 8# #4Te eifiEe5 MR #ave emeFi�r^ °oe :.ter YA4 businesses eAeffla1 to the pFBfeE, i+A 68FAe Wi# PFli{}afil f11Ar#iQ14a& leu Parking space and employment estimates were largely based on ITE standards and averages cited by Urban Land Institute publications. When definitive published parking and/or employee standards for a specific land use were not available, the estimates were based on published standards for the most similar uses. The estimated employees include those who normally spend all or most of the work day within the project, i.e. office workers, sales personnel industrial workers; employees who shuttle to and from their place of employment during the work day, i.e. delivery truck crews; and employees who seldom visit the project, i.e. manufactur'er's field representatives. It is anticipated that many of the uses within the project will be served by common parking pools which increase the efficiency of the parking space utilization. The employees estimated for service station, hotel/motel, restaurant/lounge, and perhaps other uses will be spread over two and, in some cases, three shifts within a 24-hour period. (4) The aggregate of the followingrg out of uses is "Industrial Development": 12.B.3. land use "rows": L.1 light manufacturing: processing: storage and distribution 1 52..0_,000 s2. ft., L.1 Research, testing, development 100,000 sq. ft Service and repair businesses 160,000 Lq.. fft 4.1 Showrooms and sale centers 60,000 3 ft. 5.1 Publishing, reproduction, communications 80,000 sq. ft. The total Industrial Develop meat is 13 20 000 s care feet of industrial buiIdin s. City Gate Commerce Park M P U D PUDA-PL20170002330 52 March 15, 2018 Underlined text is added; StF6sk thFaugh text is deleted EXHIBIT A-3 (PAGE 1 OF 6) EXHIBIT A-3 PERMITTED USES- SIC CODES WEST OF FP&L EASEMENT JSIC codes for permitted uses described in 3.2.A.1 and 3.2.A.41: A. Principal Uses: 1. Agricultural Services SIC 0741 0742 and 0752 except outside ken neling, and 0781 2. Amusement and Recreation Services SIC 7911 -7929(indoor),7991 7993 (indoorl, 7997 and 7999 3. Apparel and Accessory Stores SIC 5611-5699 4. Automotive Dealers SIC 5511-5531 5551-5599 S. Automotive Repair, Services and Parkin SIC 7513-7515 7532-7549 6. Building Construction - General Contractors and Operative Builders SIC 1521-1542 7. Building Materials Hardware Garden Supply, and Mobile Home Dealers SIC 5211-5251 8. Business Services SIC 7311-7381 exce t armored car and dog rental and 7389 -contractors' disbursement directories -tele hone recording studios swimming pool cleaning, and textile designers only, subiect to parking and landscaping for retail use 9. Communications SIC 4813 -- 4841 including communication towers up to specified heights, suboect to LDC Section 5.05.09 10. Depository Institutions SIC 6011-6099 11. Eating and Drinking Places SIC 5812 and 5813 excluding bottle clubs 12. Education Plants and ublic schools with an agreement with Collier County, as described in LDC section 5,05.14. 13. Educational Services SIC 8221-8299 14. Engineering, Accounting, Research Management, and Related Services SIC 8711-874$ 15. Essential Services subiect to LDC Section 2.01.03. 16. General Merchandise Stores SIC 5331 and 5399 17. Facilities with Fuel Pumps (5541) 18. Health Services SIC 8011-8099 19. Home Furniture Furnishings, and Equipment Stores SIC 5712-5736 20. Hotels Rooming Houses Cams and Other Lodging Places SIC 7011 7021 and 7041 21. Insurance Agents, Brokers And Service SIC 6311-6399 6411 22. Justice Public Order And Safety SIC 9222 9224 and 9229 23. Legal Services fSIC 8111 24. Membership Organizations JSIC 8611 8621 8641 8661 and 8699 25. Miscellaneous Repair Services SIC 7622-7641 and 7699 26, Miscellaneous Retail SIC 5912-5963 5992-5999 27. Motion Picture Theaters SIC 7832 City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; StFu Gk th F8 Ug h text is deleted March 15, 2018 53 EXHIBIT A-3 (PAGE 2 OF {} 28. Motor Freipht Transportation and Warehousing SIC 4225 mini- and self-stora a warehousin onlyl 29. Museums and Art Galleries SIC 8412 30. Non -de osito Credit Institutions SIC 6111-6163 31. Personal Services SIC 72117212 7215-7217 7219-7299 except barber and beauty schools 32. Public Administration SIC 9111-9199 9311 9411-9451 9511-9532 9611-9661 33. Real Estate SIC 6512 6531-6552 34. Security and Commodity Brokers Dealers Exchanges, and Services SIC 6211-6289 35. Social Services SIC 8322-8399 except homeless shelters and soup kitchens 36. Taxicabs (SIC 412 1) 37. Transportation Services SIC 4724 4725 and 4729 38. United States Postal Service 51C 4311 exce Pt major distribution centers 39. Any other use which is comparable and/or compatible in nature with the foregoing list of ermitted P rinci al and accesso ry uses and Section 3.2.A.1 of the PUD Document shall be heard by the Board of Zoning Appeals BZA . EAST OF THE FP&L EASEMENT SIC codes for permitted uses described in 3.2.A.2 and 3.2.A.4): A. Permitted Uses 1. Agricultural Services (SIC 0742 and 078 1) 2. Amusement and Recreation Services fSIC 7911- 7941 indoor, exce t stadiums may be outdoor 7991, 7997 (indoor) and 7999 (indoor and outdoor, except shooting ranges shall be indoor ons 3. Apparel and Accessory Stores SIC 5611- 5699 with 15,000 sq uare feet or less of gross floor area in the principal structure]. 4. Ap2arel and other finished products SIC 2311- 2399). 5. Automotive Repair, Services and Parkin SIC 7513 - 7549). 6. Building Construction - General Contractors and Operative Builders SIC 1521- 1542). 7. Building Materials Hardware SIC 5211-5251 These uses shall be associated with Wholesale Trade and retail shall not exceed an area greater than 33% of the gross floor area of the principal permitted use. 8. Business Services (SIC 7311- 738 9. Chemicals and Allied Products SIC 2841 and 2844). 10. Communications SIC 4813 - 4841 including communication towers up to specified heights, subject to LDC Section 5.05.0.9_1. 11. Construction S ecial Trade Contractors SIC 1711-1799 . 12. Depository Institutions (SIC 6011-6099). 13. Eating Places SIC 5812 and Drinking Places fSIC 5813 establishment shall meet licensing re uirements for liquor and shall only be integral to hotels or motels). 14. Education Plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14. City Gate Commerce Park MPU❑ PUDA-PL20170002330 Underlined text is added; Strask-th F9 Ug h text is deleted March 15, 2018 54 EXHIBIT A-3 (PAGE 3 OF 6) 15, Educational Services (SIC 8211- 8299). 16, Engineering. Accounting, Research, Management. and Related Services (SIC 8711- 8748). 17. Essential Services subject to LDC Section 2.01,03, 18. Fabricated Metal Products, Except Machinery and Transportation Equipment (SIC 3411-3479, 3491-3499). 19. Facilities with Fuel Pumps SIC 5541 limited to one). 20. Food and Kindred Products (SIC 2022 - 2099). 21. Food Stores (SIC 5411-5499 with 12,500 square feet or less of gross floor area in the principal structure). 22. Fuel Oil Dealers (5983). 23. Furniture and Fixtures SIC 2511-2599). 24. General Merchandise Stores (SIC 5331 and 5399 all with 15.000 square feet or less of gross floor area in the principal structure). 25. Group care facilities tate o I and II exce t for homeless shelters • care units except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402. and ch. 58A- 5 F.A.C. 26. Health Services (SIC 8011-8099 except drug addiction and alcoholism services 1 hospitals). 27. HeAU Construction (SIC 1611-16291. 28. Home Furniture, Furnishings, and Eouipment Stores (SIC 5712-57361. These uses shall be associated_ with Wholesale Trade and retail shall not exceed an area greater than 33% of the gross floor area of the principal permitted use. 29. Hotels. Motels and Other Lodging Places (SIC 7011-7041 except Rooming Houses and Camps). 30. Industrial and Commercial Machinery and Computer Equipment (SIC 3511-3599). 31, Insurance Agents, Brokers, and Service (SIC 6411). 32. Insurance Carriers (SIC 6311-6399). 33. Leather and Leather Products (SIC 3131-3199). 34. Legal Services (SIC 8111). 35. Local and Suburban Transit and Interurban Highway Passenger Transportation SIC 4111-4173 36. Lumber and Wood Products SIC 2426 2431-2499). 37. Measuring, AnalVzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (SIC 3812-3873). 38. Membership Organizations SIC 8611-8631 8641 8651 8699). 39. Miscellaneous M anufactu ri ngIndustries SIC 3911-3999 . 40. Miscellaneous repair Services (SIC 7622-7699). Associated retail component shall not exceed an area greater than 33 percent of the gross floor area of the p rind al re pair service use. 41. Miscellaneous Retail SIC 5912 5941 5945-5947 5995 all with 25,000 square feet or less of aross floor area in the principal structure). 42. Motion Picture Production (SIC 7812-7819). 43. Motor Freight Transportation and Warehousin 4212-4226 except oil and gas storage, and petroleum and chemical bulk stations). 44. Museums SIC 8412 limited to not for profit or anizations . City Gate Commerce Park MPUa iJndedined text is added; FAFuGk 149 gh text is deleted PURA-PL2i)17QOQ233Q � March 15, 2018 55 EXHIBIT A-3 (PAGE 4 OF 6) 45. Non -de osita Credit Institutions SIC 6111-6163). 46. Outdoor storage vards rovided that the outdoor storage vand is located no closer than 50 fift feet to any right-of-way tract, except for necessary ingress and egress pursuant to LDC Section 4.02.12. Outdoor storage ards shall be completely enclosed. This provision shall not be construed to allow, as permitted or accessory use wrecking ards munk ards or yards used in whole or gart for scrap or salvo e operations or for processing, storage, display, or sales of an scrap, salvage, or secondhand building materials sunk automotive vehicles or secondhand automotive vehicle parts. 47. Personal Services ISIC 7211— 7219 7231— 7251). 48. Printing, Publishing, and Allied Industries SIC 2711— 2795 except Paper Mills). 49. Real Estate (SIC 5512, 6531— 6552). 50. Rubber and Miscellaneous Plastics Products SIC 3021 3052 3053). 51. Security and Commodity Brokers Dealers Exchanges, and Services SIC 6211— 6289). 52. Stone Clay, Glass and Concrete Products SIC 3221 3231 3251— 3273 3275 3281L 53. Textile Mill Products SIC 2211— 2221 2241— 2259 2273 — 2289 2297 2298). 54. Transportation Equipment (SIC 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 55. Transportation Services SIC 4724 — 4783 4789 except stockyards). 56. United States Postal Service (SIC 4311). 57. Wholesale Trade — Durable Goods SIC 5012 — 5014 5021-5049 5463 -- 5092 and 5094 — 5099 5211-5251 and 5712-5736 for all associated retail shall not exceed an area greater than 33% of the gross floor area of the permitted principal use). 58. Wholesale Trade — Non -Durable Goods SIC 5111— 5159 5183 5182 5191 except that wholesale distribution of chemicals fertilizers insecticides and pesticides must be a minimum of 500 -feet fram a residential zoning district, 5192 — 5199). 59. Any other use which is comparable and/or compatible in nature with the foregoing list of permitted principal and accessory uses and with Section 3.2.A.2 of the PUD Document shall be heard by the Board of Zoning Appeals (BZA). B. Conditional Uses 1. Wholesale trade -nondurable goods SIC 5171 5172). City Gate Commerce Park MPUQ PUDA-PL20170002330 5SUnderlined text is added; mask-t#�r text is deleted March 15, 2018 EXHIBIT A-3 (PAGE 5 OF 6) EAST OF THE FP&L EASEMENT (Sports Complex Pro'ect - SIC codes for permitted uses described in 3.2.A.3)• A. Permitted Uses 1. Amusement and Recreation Services Field House Event Center and Fields SIC 7941 indoor and outdoor. 2. Amusement and Recreation Services (SIC 7911— 7941 (indoor, except stadiums maybe outdoor 7991, 7997 (indoor) and 7999 (indoor and outdoor, except shooting ranges shall be indoor only_)_ B. Accessoa Uses 1. Amusement and Recreation Services, 7999 (indoor and outdoor). a. Amusement concessions b. Animal shows in circuses, fairs, and carnivals L. Archery ranges, operation of d. Baseball instruction schools e. Basketball instruction schools f. Billiard parlors & Bingo parlors h. Boat rental, pleasure i. Bowling instruction L Bridge dubs, non -membership k. Bridge instruction I. Carnival operation m. Day camps n. Exhibition operation o. Exposition operation p. Fishing piers and lakes, operation of % Game parlors, except coin-operated L. Gymnastics instruction L. Handball courts, except membership clubs t. Ice skating rink operation u. Judo instruction v. Karate instruction w. Lifeguard service x. Racquetball courts, except membership clubs y_ Rental of bicycles L Rental of rowboats and canoes aa. Roller skating rink operation City Gate Commerce Park MPUD PUDA-PL20170002330 March 15. 2018 57 Underlined text is added; SIF ,�, text is deleted bb. Schools and camps, sports instructional cc. Shooting galleries dd. Shc)uting ranges, operation of ee. Skating instruction, ice or roller ff. Sporting goods rental gg_ Sports instructorsprofessional: golf, skiing, swimming, etc. hh. Swimming instruction ii. Swimming pools, except membershi ji Tennis clubs, non -membership kk. Tennis courts outdoor and indoor: o eration of non -membership 11. Ticket sales offices forsporting events contract mm. Yoga instruction 2. Bands Orchestras Actors and Other Entertainers and Entertainment Groups SIC 7929). ■ Limited to twenty 20events one 1per weekend. Above twenty 20requires a Tem ora Use Permit. 3. Bowling Centers (SIC 7933). 4. Coin -Operated Amusement Devices SIC 7993 indoor and outdoor . 5. Dance Studios Schools and Halls SIC 7911). 5. Membershi Snorts and Recreation Clubs SIC 7997 indoor and outdoor. . 7. Physical Fitness Facilities SIC 7991 indoor and outdoor). 8. Public Golf Courses SIC 7992 indoor and outdoor). 9. Theatrical Producers (Except Motion Picture I and Miscellaneous Theatrical Services SIC 7922 . City Gate Commerce Park MPU❑ PU DA-PL20170002330 March 15, 2018 Underlined text is added; Strask-t#Febigh text is deleted 58 C �t u> EXIST. COUNTY WELLFIELD ACCESS ROAD BAHIA SOD 0 D 10 20 40 SCALE IN FEET DAVIDSON I snEeT mLe 4M Roan Rasa. Sv[a 2n1 N-plm. Fkado 34104 P 2°.•.43kWW F. 239,434-@M 50' DRAINAGE EASEMENT PLAT BOOT( 49 PG 97 ITY EASEMENT 965 PG 2877 ---4 10 j GOLDEN GATE CANAL PROPERTY LINE I I r r EXISTING GRADE rvlcT COUNTY WELLFIELD ACCESS ROAD PI -,0/ LII 10' SPLIT NORTH 1NDSCAPE BUFFER il-e -- -9. 10' SPLIT SOUTH INDSCAPE BUFFER i L.. L e C REQUIRED LANDSCAPING TO BE PLACED WITHIN 1 O' SPLIT NORTH LANDSCAPE BUFFER: ■• TREES PLANTED ON 30' CENTERS [10' HEIGHT] ■■ PINE STRAWIMULCH AT BASE OF TREES •• HEDGE ON *CENTER (B' HEIGHT) •• RANDOM GROUPS OF NATIVE GRASSES WITH PINE STRAWIMULCH REQUIRED LANDSCAPING TO BE PLACED WITHIN 10' SPLIT SOUTH LANDSCAPE BUFFER •• TREES PLANTED ON 30' CENTERS (10' HEIGHT) 46' SOUTH OF PL ■• PINE STRAWIMULCH AT BASE OF TREES of RANDOM GROUPS OF NATIVE GRASSES WITH PINE STRAWNULCH I:\ACtive Projects\C\City Cote 07-0058/Eng: nee -ing/22 — PtiDA,DOIG L•.•.`:Ih:.1,7:'E -i:1-:12--r f,' dv a x -`.F•; r.. -o Ad o•d ,Iu • 08, 2015 — 12123pm PC M .. mol NO: x Lo Y CLIENT DATE CITY GATE COMMERCE PARK MPUD 12-2017 DESIGNEDSY: 850 NM. LLCA CGP 159 SOUTH VNN STREET SUTIE 500 AKRON. OMIO 44309 �w dRA'hH 9Y !AW f33Di990-0]25 CMEC%ED BY CROSS SECTION T ECINO: I:\ACtive Projects\C\City Cote 07-0058/Eng: nee -ing/22 — PtiDA,DOIG L•.•.`:Ih:.1,7:'E -i:1-:12--r f,' dv a x -`.F•; r.. -o Ad o•d ,Iu • 08, 2015 — 12123pm PC M .. mol NO: x Lo Y SEE EXHIBIT A-5, PAGE 2 OF 2 MONUMENT SIGN DEVIATION N8, AND 9 MONUMENT SIGN DEVIATION 411 DOUaLF SIDED DIRECTORY SIGN DEVIATION 03 - - ----- - - -- ---------- cMve - - - - - - - - - - - COMBINED DIRECTIONAL SIGNS DEVIATION 06, AND 7 IT 145 101`2 m a 5 i0 SCALE IN FEET PROJECT . AV�v50 SHEET TI 43%Reeb Reed, $+N 201 Naplp. FgriYe 34104 P. 23913169@7 F 2394340004 �16' -moi 18' CLIENT CITY GATE COMMERCE PARK MPUD 050 NWN, LLC IC CG II 159 SOUTH MAIN STREET -- Sul IE 500 AHRCN- OFI 10 44309 POLE MOUNTED IDENTIFICATION SIGN WITH DISPLAY [a O)%0•0225 MPUDISPORTS COMPLEX PROJECT 2:/Active Projects\C\City GOte 07-0068\Engineering\22 — PIj0A\DwG ,: .. •;kSE^' L.dwg (CC : EXHIBIT) jenna.woodward Jan 15, 2018 — 4:17pM DATE: Z2M? DESIGNED BY Jaw DRawN 6Y Jaw CHECKEDBY PROJECT NO. JEFF L MWD . PENo 4716- EXHIBIT A-5 AN9REW E. RAINV E KO. rases PAGE 2 OF 2 EXHIBIT A-6 (PAGE I OF 28) CITY GATE "REQUIRED YARD" PLAN i. OBJECTIVE, PURPOSE, LOCATION AND AMOUNT OF NATIVE VEGETATION RETENTION: 1. OBJECTIVE: To provide a procedure by which the vested rights determination for the GITYGATECITY GATE DRI may be implemented with respect to the location and amount of native vegetation preservation 1 retention, applicable setbacks and buffers thereto, and all other regulations relating to native vegetation to be preserved on the DRI Property. 2. PURPOSE: The purpose of this Plan is to accomplish the retention of Native Vegetation within the Required Yards in a manner consistent with theme GAT CITY GATE Development Orders; to maintain property and aesthetic values within the GITcr YGATrE CITY GATE project; to promote the survival of Native Vegetation in Required Yards and to promote supplemental planting of Native Vegetation within the Required Yards. This document is intended to be the sole source of the standards and procedures by which development permit submittals will be processed and approved by Collier County. 3. LOCATION OF NATIVE VEGETATION PRESERVATION 1 RETENTION: The preservation and retention of Native Vegetation shall be in Required Yards or Ogen Spaces as defined below. Such preservation and retention shall be on lots and in a manner consistent with the GITYGATECITY GATE Development Orders. 4. GOAL AMOUNT OF NATIVE VEGETATION PRESERVED OR RETAINED IN REQUIRED YARDS: The goal amount of Native Vegetation to be preserved in Required Yards in Phase Two is 5.15 acres (6.84 acres, the agreed amount of 15% of the existing Native Vegetation in Phase Two, less a credit of 1.69 acres as provided VII (A)(2) below). The goal amount of Native Vegetation to be preserved in Required Yards in Phase Three is 24.59 acres 26.02 acres thea reed amount of 15% of the existing Native Vegetation in Phase Three. less a credit of 1.43 acres as provided VII (A)(2) below). II. DEFINITIONS: GITYGATE CITY GATE DEVELOPMENT ORDERS shall mean the development orders approved by dw Collier County for CITY -GAT CITY GATE as follows: On December 13, 1988 the Board of County Commissioners of Collier County adopted Development of Regional Impact Development Order 88-2 authorizing the development of the property subject to the terms and conditions of that Development Order. At the same time as the adoption of Development Order 88-2, the Board of County Commissioners adopted Ordinance 88-93, which rezoned the DRI Property from "A" -Agriculture to "FUD" -Planned Unit Development known as GI�T i iTG CITY GATE COMMERCE PARK (the "PUD"). The PUD was amended by Ordinance 92010-42 adopted on November 9 2010. The PUD was again amended b Ordinance 42018- adopted on 2018. The Development Order has been amended City Gate Commerce Park MPUD PUDA-20170002330 March 15, 2018 62 Underlined text is added; Struck through text is deleted EXHIBIT A-6 (PAGE 2 OF 28) by Development Order Amendment 90-4 (adopted August 28, 1990), Development Order Amendment 95-2 (adopted February 21, 1995), Development Order Amendment 2000-02 (adopted May 23, 2000), and Development Order Amendment 2010-01 (adopted November 9, 2010). The Development Order has been again amended by Development Order Amendment 18- (adapted .2018). EXOTIC & NUISANCE VEGETATION shall mean all Category I Invasive exotics, as listed by the Florida Exotic Plant Pest Council that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. Exotics shall include, but are not limited to, all specifically listed exotics in Collier County LDC, Section 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation. Nuisance vegetation shall include, but is not limited to, native vegetation that is locally invasive and which a qualified biologist deems inconsistent with the management objectives of the Required Yards. For example, Caesar's Weed (Urena lobata) and Grapevine (Muscadine rotund;folia). LAKEIRECREATIONAL AREA does not have a yard requirement. Within the Lake 1 Recreational Area, at least one (I ) acre will be replanted or retained native vegetation, which shall be credited toward this Required Yard's native yggetation retention/preservation goal/requirement. LOT shall mean (i) a single area or parcel of land established by plat or (ii) two or more contiguous areas or parcels of land established by plat owned by the same person or entity that are jointly submitted for an Site Development Plan. NATIVE VEGETATION . shall mean native southern Floridian species, as determined by accepted valid scientific references identified in the Collier County Land Development Code. YARDS shall mean a front yard of 50 feet; a rear yard of 50 feet; and a side yard of 25 feet of a Lot (ORDINANCE 88-93, Section II1, 3.3.C; See also; DO 90-4, Section One, 4, d.5). As it relates to the Spgrts Com lex ro ert the Yard adiacent to White Lake Planned Unit Development) shall be 50 fifty -feet ORDINANCE 2018- Section 3.3 C. REQUIRED YARD means the Yards, less 20% for vehicular drives and parking spaces. This (20%) area will be identified in a Site Development Plan submittal. (ORDINANCE 88-93, Section III, 3.3.C; See also; DO 90-4, Section One, 4, d.5). _A ReauiFed Yard may in 10094, native vegetation. feelanted and/or FetaiRed, whigh areas shall MINIMUM ON SITE NATURAL AND /OR INSTALLED LANDSCAPE AREAS: For lots east of F.P. & L. easement the minimum of on site natural and/or installed Landscaped Areas will be 30% of gross site area The term "Landscape Area" is construed to include fountains, pools, ponds, and other water features, walks, terraces, courtyards and other pedestrian spaces when such non -botanical features, do not exceed 15% of the total required minimum on site City Gate Commerce Park MPUD PUDA-20170042330 March 15, 2018 63 Underlined text is added; Struck through text is deleted EXHIBIT A-6 (PAGE 3 OF 28) natural and/or installed Landscaped Area, (ORDINANCE 88-93, Section III, 3.3.C) There is no required minimum of on site natural and/or installed Landscaped des Area for the FPL easement, When a Lot includes the FPL easement, that portion encumbered by the FPL easement is not included in the calculation of the gross site area used to determine the minimum of on site natural and/or installed Landscaped Areas for that Lot. a122 %ff!0 MIS • K•�w[•�■.w.•r•SSS:r�:.j�'Rij [:l:■s%t■�\-ia�lll9- 'a.a:r.e�1�1.'a-�a�:1S1TT1f1R S�.�i�■ia-r��..:9 a.e r: . • :19■rl�l:s S.R-1 , ±' }l1Sf �[R7:1![[�SR�� '►-1�-1S�S9L I�f�.V.S s' PLAT SUBDIVISION IMPROVEMENTS: Improvements (e.g. water and sewer facilities, storm drainage, street lighting, perimeter berm, etc.) associated with a plat and required by Collier County Ordinances and Resolutions ("Land Development Regulations"). PHASE TWO: means the 72.9 acre phase of GITYGATE CITY GATE DRI for which construction plans and a plat submittal has been submit ed to Collier C approved and recorded in Book 49, Pages 97-100 inclusive of the Public Records of Collier County Florida. As used in this Plan, Phase Two does not and is not intended to mean or include the remaining -1-7+9-75 acres of the CITYGAT CITY GATE DRI. PHASE THREE: means the phase of CITY GATE depicted as Phase Three on Exhibit A-5 Pages 25-28 of 28 of this document and for which construction plans and a plat will be approve and recorded in the Public Records of Collier Countv. Florida. "SPLIT" PERIMETER LANDSCAPE SUFFER: means the landscape buffer along the north property line east of the FPL easement, as set forth in the updated diagram attached hereto as Exhibit "A", which is also Exhibit A-4 to the PUD. SPURTS COMPLEX PROJECT: means the area defined in the PUD and the Master Develo ment Plan Exhibit A-1 as the Sports Comp lex lot and any abutting lot within the PUD which is owned or leased by Collier County as a unified plan of development. In the event that the Sports Com tex Project is jointly planned with a portion of the contiguous County awned property,along the eastern boundaa, the following location of the native vegetation alternatives or combinations thereof shall apply: A. Within the Required Yards of the 5 orts Complex Project in the PUD-, B. Within an oven sace areas on the Sports Complex Project in the PUD with 100% native ve etation with all three strata,• and C. Within other areas on the Sports Complex Prosect parcels in the PUD that are not erimeter yaTdsT may be used to meet the native vegetation retention acrese requirement for the PUD. These areas shall not be occupied by buildings, impervious areas, streets, or driveways and will consist of 100% retained and/or replanted native vegetation. These areas shall meet the minimum widths 25 -Feet of Yards and a minimum contiguous area of 1,250 square feet. City Gate Commerce Park MPUD PUDA-20170002330 64 Underlined text is added; Struck through text is deleted March 15, 2018 EXHIBIT A-5 (PAGE 4 OF 28) D. Uv to 50% of the required native vegetation for the Sports Complex Project may be retained on the abutting County owned propM utilized for the expansion of the Sports Complex within a unified site development plan, in accordance with the PUD deviation found in Section II — Paragraph 2.7 — Deviation #21 E. Passive Recreational Uses: Passive uses are allowed within Yards as long as any_ c I eari ng req uired to facilitate these uses does not im pact the minimum re uired native vegetation. Passive uses arespecified in LDC section "Allowable uses within Count required preserves". III. PLAT SUBMITTAL AND CONSTRUCTION OF SUBDIVISION MPIROVEMENTS: 1. AERIALS & MAPS. Plat submittals must include: A. An aerial identifying Native Trees within the yards of the Lots proposed in Plat submittal; B. A map identifying the species and location of Native Trees in the Yards of the lots proposed in the Plat submittal. This Map shall be based on the characteristics of the Florida Land Use, Covers and Forms CIassifications System (FLUCFCS) code. C. Within sixty days of the issuance of a clearing permit for the right of way to be platted; the aerial and map mentioned above will be ground truthed and a revised ("ground truthed") aerial and FLUCFCS map must be submitted. The FLUCFCS Map shall delineate the Native Tree species as well as the percentage utilized within an area. , #cam Bate the Required Yard I _be smTt4ed. 2. PROTECTION DURING PLAT SUBDIVISION IMPROVEMENTS: During construction of plat subdivision improvements, all reasonable steps necessary to prevent the destruction or damaging of Native Vegetation within a Required Yard shall be taken, including the installation of protective barriers. Native Vegetation within Required Yards that is destroyed or receives major damage must be replaced with Native Vegetation in accordance with the Replacement Standards as set forth herein, before occupancy or use of that Lot or Lot(s), unless approval for their removal has been granted under permit. A. During construction, no excess soil, additional fill, equipment, liquids, or construction debris shall be placed within a Yard, except necessary for the installation of utilities. B. No soil is to be removed from within the drip line of any vegetation that is to remain in its original location, except as necessary for the installation of utilities in the Required Yard. C. Required Yards, less portions designated on the plat for the installation of utilities, shall be protected during land alteration and construction activities by placing a City Gate Commerce Park MPUD PUDA-20170002330 Underlined text is added; Struck through text is deleted March 15, 241$ 65 EXHIBIT A-6 (PAGE S OF 28) barrier around the perimeter of the Right of Way along the area of vegetation to be retained and on either side of any drainage easements outside of the Right of Way. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten (10) feet apart, at a height range of two (2) to four (4) feet, all covered continuously with an all-weather mesh material or equal type barrier method. D. Protective barriers shall be installed and maintained for the period of time beginning with the commencement of subdivision improvements and ending with substantial completion of the subdivision improvements of that plat. E. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, Division of Forestry, State of Florida or other methods approved by the County Manager or designee. Temporary Signage shall be placed around the Front Yard areas to identify and protect the Required Yard during construction. The signs shall be limited to a maximum height of four feet and a maximum size of two square feet. One sign will be placed in the front yard of each Lot. 3. NATIVE VEGETATION TO BE PRESERVED DURING INSTALLATION OF PLAT SUBDIVISION IMPROVEMENTS: A , the Required Yards ef buffer area, fflust he pFeseA,ed. A. All athe Native Vegetation, located within Yards, will be preserved unless it is necessary to remove such vegetation: i. to provide ingress and egress to the Lot; or ii. when grade changes, surface water drainage or utility installations will damage or destroy the vegetation. IV. SITE DEVELOPMENT PLAN SUBMITTAL AND CONSTRUCTION OF BUILDINGISITE IMPROVEMENTS: 1. SITE DEVELOPMENT PLAN SUBMITTAL: Each Site Development Plan submittal must contain: Mere jeeated within the Requ:red Yards-. A. An aerial identifying Native Trees within the Required Yards. B. A Map identifying the species and location of Native Trees in the Front Yards. This Map shall be based on the characteristics of the Florida Land Use, Covers and Forms Classifications System (FLUCFCS) code. The Map shall delineate the Native Tree species as well as the percentage utilized within an area. This map shall also identify the location of golden polypody ferns and butterfly orchids, if any, on the property submitted in the SDP. Golden polypody ferns and butterfly orchids shall be relocated to an appropriate place within the Required Yard. If no appropriate place can be found within the required yard, the golden polypody ferns and butterfly orchids may be relocated to the 2.47 aeFe Wetiffild PFeSe Lake/Recreational Parcel and/or existing Required Yards. City Gate Commerce Park MPUD PU DA -20170002330 March 15, 2018 56 Underlined text is added; Struck through text is deleted EXHIBIT A-6 (PAGE 6 OF 28) 2. WHAT MUST BE RETAINED IN REQUIRED YARDS: Required Yards, must be preser-ved. A. All ethe Native Vegetation, located within Required Yards, will be conserved unless it is necessary to remove such vegetation: 1. to provide ingress and egress to the Lot; or 2.. when grade changes, surface water drainage or utility installations will damage or destroy the vegetation; or 3. when the permitted use of 20% of the yard for vehicular drives and parking spaces will damage or destroy the vegetation. B. Phase Two/Three Blend: In the instance where lots from Phase Two and Three are replatted together for future development, the native vegetation requirement for those combined lots shall be provided based on the location of each property within Exhibit "H", but in no case will the total be less than 29.74 acres (Phase Two and Phase Three). C. The minimum native vegetation for Phase One is 0.82 acres which is also shown on Vjrsaa� Exhibit A-6, page 25 of -2928. 3. PROTECTION DURING SITE DEVELOPMENT 1 CONSTRUCTION: During construction, all reasonable steps necessary to prevent the destruction or damaging of Native Vegetation shall be taken, including the installation of protective barriers. Native Vegetation within Required Yards that is destroyed or receives major damage must be replaced by Native Vegetation in accordance with the Replacement Standards as set forth herein, before occupancy or use, unless approval for their removal has been granted under permit. A. During construction, no excess soil, additional fill, equipment, liquids, or construction debris shall be placed within the Required Yard, except necessary for the installation of utilities and additional supplemental native vegetation within the Required Yard. B. No attachments or wires, other than those of a protective or nondamaging nature, shall be attached to any vegetation within a Required Yard during construction. C. No soil is to be removed from within the drip line of any vegetation that is to remain in its original location, except necessary for the installation of utilities in the Required Yard. D. Required Yards, not already disturbed at the time of SDP, shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be retained. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten (10) feet apart, at a height range of two (2) to four (4) feet, all covered continuously with an all-weather mesh material or equal type barrier method. E. Protective barriers shall be installed and maintained for the period of time beginning with the commencement of building operations on a site, and ending with the completion of that construction work on the site. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and City Gate Commerce Park MPU❑ PUDA-20170002330 67 Underlined text is added; Struck through text is deleted March 15, 2018 EXHIBIT A-6 (PAGE 7 OF 28) Developers, Division of Forestry, State of Florida or other methods approved by the County Manager or designee. Temporary Signage shail be placed around the Required Yard areas to identify and protect the Required Yard during construction. The signs shall be limited to a maximum height of four feet and a maximum size of two square feet. One sign will be placed in the front yard, in the rear yard, and in each side yard. There shall also be a sign on both sides of the access through the front yard. V. REPLACEMENT STANDARDS: If Native Vegetation required to be preserved within a Required Yard is damaged or destroyed during site development, building or maintenance, the Native Vegetation lost must be replaced in accordance with the following standards: A. Minimum replacement planting standards: 1. The replacement of Native Trees must be with Replacement Trees that are of sufficient size and quantity to replace the DBH inches removed. 2.. Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida Department of Agriculture and Consumer Service. 3. All replacement trees shall be nursery grown, containerized and be a minimum of 10 feet in height. 4. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than three years. 5. Control of invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code) shall be as provided in the Exotic Vegetation Removal Plan attached herewith as Exhibit "B". B. The quantity and identification of the species of Native Trees that were removed from a Required Yard will be presumed to be as those identified on the Aerials and Maps provided at the time of Plat, provided conditions within the Required Yard have not changed. if conditions within a Required Yard change so that the condition of the existing Native Trees deteriorates, the type of replacement Native Trees may be change to Native Trees more suitable to the changed condition as determined by a qualified biologist. C. Location of Planting Replacement Vegetation: 1. Each replacement tree will be replanted in the portion of the Required Yard in which the Native Tree was seriously damaged or destroyed. 2. Notwithstanding the foregoing, replacement trees shall not be planted in utility easements. Native Trees that were seriously damaged or destroyed in platted utilit easements must be replaced outside of the easement. 3. Replacement locations for Native Trees removed from utility easements in Required Yards shall be selected in the following manner, in descending order of priority: a. A location in the immediately vicinity to the native tree's original location, if practical; b. Elsewhere in the Required Yard, if a suitable planting location exists that meets the minimum required distances from existing Canopy Trees; or c. Elsewhere on the Lot. D. The understory and groundcover vegetation shall be replaced to the area from which Native Trees were seriously damaged or destroyed, including easements. The selection of plants steal I be based on the characteristics of the Florida Land Use, Covers and Farms City Gate Commerce Park MPUD PURR -20170002330 March 0120 0 68 Underlined text is added; Struck through text is deleted EXHIBIT A_6 (PAGE 8 OF 28) Classifications System (FLUCFCS) code. The exact number and type of species required will be based on the Replacement Plan attached hereto as Exhibit "C". E. The timing of installation of replacement plantings will be anytime prior to the issuance of a certificate of occupancy or a certificate of completion. VI. REQUIRED YARD USES, SETBACKS AND MAINTENANCE: A. ALLOWABLE USES WITHIN REQUIRED YARD AREAS. 1. Storm Water Management shall be permitted in Required Yards, provided that a sedimentation catch basin, or equivalent pretreatment system, is employed at all discharge points of storm water into Required Yards; 2. Utility Easements are permitted in Required Yards; 3. Fences and walls are permitted along the perimeter of any Required Yard area; 4.. Signs, identifying the business/tenant(s), are permitted in Front Required Yards but must be proximate to entries drives and, if possible and practical, located in a utility easement; amd 5. Benches are permitted in the Required Yard.; and 6. Per the recorded DCA D.R. Books 4517 & 5168 Pa es 640 & 3989 the provision and or construction of right turns lanes will not result in the loss of any developable area on lots affected. The setback) and shall be measured from the adiacent property line to any right-of-way and not the right-of-way easement required for each turn lane. The re aired pgrcentage of the required yard for each affected lot shall not change as noted above. B. REQUIRED SETBACKS TO REQUIRED YARDS. I . All principal structures shall have no setback from the boundary of any Required Yard. 2. Parking lots and site alterations associated with parking lots shall have no setback from Required Yards. (DO 88-93, Section Ill, 3.3.C) 3. Wetland PeSeAreSetbaelES (D'8°3, See4}en+jl-3^3 ): NE) bHildiflt 610SOF than 20 f�et and no pavement elesef than 1 0 feet. C. GENERAL MAINTENANCE. I. Trees, including sabal palm, may be pruned of dead or dying brancheslfronds. 2. Native vegetation adjacent to a boundary of the Required Yard may be pruned to prevent its growth into and/or over parking areas or buildings. If a tree within 10' of a boundary of the Required Yard continually requires pruning to prevent its growth into and/or over parking areas or buildings, it may be replaced with another native tree species that is more compatible with the proximity of parking area or building. 3. All required yards shall be kept free of refuse, debris, and exotic or nuisance vegetation. City Gate Commerce Park MPU❑ PU DA -20170002330 March 15, 2018 69 Underlined text is added; Struck through text is deleted EXHIBIT A-6 (PAGE 9 OF 28) D. PROTECTIVE COVENANTS. The Maintenance Responsibility of all Required Yards shall be the Master Property Owners' Association or a Community Development District. Said Association or District shall have the authority to enforce violations, by lien and/or tax assessment, and to secure compliance of this Plan, more specifically but not limited to the requirement to replace damaged or destroyed Native Vegetation within a Required Yard with Native Vegetation as set forth in the Replacement Standards. Further, the Association or District shall have the authority and responsibility to install replacement Native Vegetation on a Required Yard for violations of this Plan. The Association or District as well as the owner shall be responsible for the continued maintenance and upkeep of all replaced native vegetation so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. The Association or District shall be responsible for ongoing maintenance to prohibit the establishment of prohibited exotic species. Any replacement vegetation shall be replaced within 30 days of their demise and/or removal. E. COUNTY INSPECTIONS. The Required Yards shall be completed and approved for a specific Lot prior to the issuance of a certificate of occupancy. Prior to preliminary acceptance of the required subdivision improvements for a Phase or Plat, the Yards may be inspected to verify compliance with this Pian. VII SPECIFIC RULES: A. MAIN GOLDEN GATE CANAL LOTS: Those lots adjacent to Unit 28 of Golden Gate Estates or a replat thereof and the Canal Easement for the Main Golden Gate Canal: I . PRIOR CLEARING: The Developer; the Property Owner's Association or any future property owner are not required to replant Native Vegetation on any portions of Yards that were cleared by Collier County or Collier County's contractor/agent prior to the date of this Plan. This does not obviate Developer's obligation to install any perimeter landscape buffer required by the ate CITY GATE ❑R1 within any portion of Yards that have been cleared prior to the date of this Plan. 2. NATIVE VEGETATION CALCULATIONS: In any calculation to determine whether the amount of Native Vegetation retained in Required Yards on Lots in the plat of a subdivision phase is sufficient, the total amount of Native Vegetation to be retained in that phase shall be reduced by an amount equal to sixty percent (60%) of the portion of lots contained in that phase that were cleared by Collier County or Collier County's contractor/agent prior to the date of this plan. The Developer shall not be required to replant or recreate native vegetation in any portion of this area. The agreed amount of land cleared in Phase Two is 2.81 acres; therefore the total amount of Native Vegetation to be retained in this Phase is reduced by 1.69 acres. The agreed amount of remaining land cleared is 2.38 acres. City Gate Commerce Park MPUD PUDA-20170002330 March 15, 2018 70 Underlined text is added; Struck through text is deleted EXHIBIT A-6 (PAGE 10 OF 28) 3. "SPLIT" LANDSCAPE BUFFER: The Developer agrees that all the vegetation used for the split perimeter landscape buffer will be native but shall not be required to meet the Replacement Standards or Recreation Standards. B. FPL EASEMENT LOTS: Those Lots adjacent to the 170' wide Florida Power & Light easement. 1. SETBACK: There is no setback from the 170' wide Florida Power & Light easement. VIII EXHIBITS OF PLAN: Attached hereto are Exhibits "A — H". Attached hereto as composite Exhibit "D" are three examples of site plans that are consistent with and compatible with this Plan. Exhibit "E", Exhibit "F" and Exhibit "G" provide the Native Vegetation calculations for the plats of Phase Two and Phase Three respectively. In the instance where lots from Phase Two and Three are replatted together for future development, the native vegetation requirement for those combined lots shall be calculated based on the location of each property, as provided in Exhibit "H". City Gate Commerce Park MPUD PUDA-20170002330 Underlined text is added; Struck through text is deleted March 15, 2018 71 50' DRAINAGE EASEMENT 10' MODIFIED TYPE C PLAT BOOK 49 PG 97 — 10' MODIFIED TYPE C LANDSCAPE LANDSCAPE BUFFER 20' UTILITY EASEMENT BUFFER OR 3965 PG 2877 GOLDEN GATE CANAL I _ 1 PROPERTY LINE M r EXISTING GRADE EXIST, COUNTY REQUIRED LANDSCAPING TO BE PLACED WELLFIELD WITHIN 10' SPLIT NORTH LANDSCAPE SUFFER: ACCESS ROAD .. TREES PLANTED ON 30' CENTERS (10' PROPERTY HEIGHT) LINE .. PINE STRAWIMULCH AT BASE OF — — — —f -- --- — — — TREES N 10' SPLIT NORTH •• HEDGE ON 4' CENTER (6' HEIGHT) LANDSCAPE BUFFER •• RANDOM GROUPS OF NATIVE EXIST. COUNTY ,.a. �..s. a e. GRASSES WITH PINE STRAWIMULCH WELLFIELD ACCESS x ROAD Hti bCs BAHIA SOD ��_� �..—_ -- _�� ----- ------ _—_----- ---- --- --- -----•-- ------- REQUIRED LANDSCAPING TO BE PLACED WITHIN 1T EES PLANTED ON 90C APE BUFFER • CENTER5 (10' H-1 N HEIGHT) 46' SOUTH OF PL H--_ Le. __—______{ i.e- . L.E. ------ — r.a------- •• PINE STRAWIMULCH AT BASE OF a 10' SPLIT SOUTH TREES JL o 10 20 40 LANDSCAPE BUFFER .. RANDOM GROUPS OF NATIVE SCALE 1N FEET — La. GRASSES WITH PINE STRAWIMULCH I--1 1�1 µ{ PROJECT CLIENT MTE: SHEET NO. z Dv= IA„ CITY GATE COMMERCE PARK MPUD WIMN.LLC&CGV DESIQNeDe.: t$9 SOtIIN IE s STREET DRAM Bf'. F►r-iI suTIE soa JF,N Y-I.I pJA119WN SHEET TITLE AKR� ORO 4s E 3 CCC. * w T G R I I2< u CHECKED BY: s]NlO— Ra , Eu,. Al NiPIn o F. y11w CROSS SECTION PROJECT NO.. µppm �TM F.0 Ko,n ill ,,.caco r.,ae.,asoe, EXHIBIT A 0.0 Z:\Active Prolects\C`,City Cate 07-0068\Eng nee6N\22 - PUDAIDWG\PLANN1NG\XSECT,dwg (GG X -SECT) jenno.woodword Jan 08. 2018 - 12:40pm r, EXHIBIT A-6 (PAGE 12 OF 28) EXHIBIT B EXOTIC VEGETATION REMOVAL PLAN A. All Category I Exotics, as defined in the latest exotic plant list published by the Florida Exotic Pest Plant Council, must be removed from the entire platted phase of development. Notwithstanding the foregoing, if a plat submittal includes a tract that must be re -platted, then Exotic will be removed from that tract in conjunction with the re -plat. B. Exotics within the yard shall be physically removed, or the tree cut down to grade and the stump treated. The base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. C. Exotics in a yard may not be "treated in place". D. Control of exotics shall be implemented on a yearly basis to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. 1. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From an entire building site prior to the issuance of the certificate of occupancy for that building. C. From property proposing any enlargement of existing interior floor space. paved parking area, or substantial site improvements prior to the issuance of a certificate of occupancy. 2. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. When prohibited exotic vegetation is removed., but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 3. Exotic vegetation maintenance plan. Annual plans, which require prohibited exotic vegetation removal and describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis. City Gate Commerce Park MPUD PUDA-20170002330 73 Underlined text is added; StFUG��text is deleted March 15, 2018 EXHIBIT C EXHIBIT A-6 (PAGE 13 OF 28) NATIVE VEGETATION SHRUB LAVER AND GROUND CONLER REPLACEMENT PLAN TREES Tree requirements are provided for in Re uired Yard Plan page 7 of 28. An example of tree replacement would be removal of one 1 8 -inch DBH 12ine tree may be replaced by four 4 2 -inch DBH pine trees or any combination of pine trees that total the removed DBH. Replacement Shrubs within Required Yard Easements: The shrub layer is proposed for planting on 20' centers. The shrubs will be appropriately clustered throughout the Required Yard to mimic natural conditions. Replacement shrubs will meet all standards for restoration and will be a minimum of 3 gallon in size, graded Florida Number 1 or better. Replacement Shrubs within all other portions of Required Yards: The shrub layer is proposed for planting on S' centers. The shrubs will be appropriately clustered throughout the Required Yard to mimic natural conditions. Replacement shrubs will meet all standards for restoration and will be a minimum of 7 gallon in size, graded Florida Number 1 or better. FLUCFCS 411 & FLUCFCS 321: Based on vegetation typical of a pine flatwoods and palmetto prairie communities, the species of shrubs planted will selected from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Callicarpa Americana beautyberry Serena repens saw palmetto Myrica cerifera Myrsine floridana Ilex glahra Rhus copallinum wax myrtle myrsine gallberrylinkberry winged sumac FLUCFCS 427: Based on vegetation typical of an oak community, the species of shrubs planted will selected from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Callicarpa Americana beautyberry Serenoa repents saw palmetto Zamia pumila coontie Ilex glabra gal i berryli nkberry Rhus copallinum winged sumac City Gate Commerce Park MPUD PUDA-20170002330 Underlined text is added; &Fbiek thFG_oh text is deleted March 15, 2018 74 EXHIBIT C EXHIBIT A-6 (PAGE 14 OF 28) NATIVE VEGETATION SHRUB LAVER AND GROUND GOVER REPLACEMENT PLAN (CONTINUED) Ground Cover The herbaceous layer is proposed for planting on 5' centers. The plants will be appropriately clustered throughout the planting area to mimic natural conditions. Replacement plants will meet all standards for restoration and will be a minimum of bare root in size, graded Florida Number 1 or better. FLUC FCS 411 & FLUC FCS 321: Based on vegetation typical of pine flatwoods and palmetto prairie communities, the species of herbaceous groundcover planted will picked from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Coreopsis spp. Tickseed Liatris gracilis blazing star Panicum virgiatum Saccharum giganteum Sparlina bakeri Tripsacum dactyloides Piloblephis rigida Aristida spp switchgrass giant plumegrass sand cordgrass Fakahatchee grass Florida pennyroyal wire grass FLI..ICFCS 427: Based on vegetation typical of an oak community, the species of herbaceous groundcover planted will picked from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Coreopsis spp. Tickseed Liatris gracilis blazing star Panicum virgiatum switchgrass Piloblephis rigida Florida pennyroyal Aristida spp wire grass General Notes: I. Specific species chosen from the above lists will be subject to nursery availability. Substitutions of similar species may be made. 2. Individual plants may be grouped or "clumped" to more accurately mimic natural conditions. 3. All plants will be graded Florida Number I or better. 4. This plan may be modified to allow for changing conditions. Should conditions within a required yard change so that the condition of the existing native vegetation deteriorates, the above lists of native species may be amended to add native plants more suitable to the changed condition. As an example, if a saw palmetto is destroyed within a Required Yard but the duration of hydra -period has increased to the point that a replacement saw palmetto may not survive, then it may be replaced with a more water tolerant native species. City Gate Commerce Paris MPUD PUDA-20170002330 Underlined text is added; RFU6, thMUgh text is deleted March 15, 2018 75 COME 051 TE EXHIBIT D N W SDP EXAMPLE -i1 GOLDEN L A T E C A N A L NOTE,' LANG UX IS 1009 AFFX)E .SPACE BUFFER EASEMENT ,SEMENT LAND USE MA 7RIX PHASE TWO LOTS 2 & 3 TOTAL SINE BLOC Q PAWMENT NATURAL/LANDSCAPE (PUD 3.3.0) CALC ® CC U77LI77ES RAW WATER EASEMENT 4.01 AC 1.17 AC (29X) 1.16 AC (29X) 1.37 AC (34X) 0.31 AC (8X) EXAMPLE - PHASE TWO LOTS 2 & 3 YARD ANALY515 REQUIRED YARD 1.3B AC ® PRomm YARD 1.46 AC ® CC U77UAES RAW WATER EASEMENT 0.31 AC ® OTHER U77U77 EASEMENT (U.E.) 0.17 AC REMAINDER OF REAR YARD 0.45 AC D REMAINDER 0.53 AC EXAMPLE - PHASE TWO LOTS 2 & 3 Composite Exhibit D (Cont.) GOLDEN GATE CANAL - i PROPOSED 51,000 SO FT BUILDING■ r D R � ■ `�■■1■■■■ ■■■■ ■■ ■�■■■■ ■ ■■ ■■■■■■■■■■■■ VV401,t\; Composite Exhibit D (Cont.) GOLDEN GATE CANAL %0,--f- -. A . -. PROPOSED 51,000 SO FT BUILDING 321 3219 0" tv 0 COMPOS/ TE EXHIBI T D (Cont. I UTILITY EASEMENT PROPOSED 4i,100 SOFT BUILDING SDP EXAMPLE #2 N qcz W 7T7 E S ` LAND USE MATRIX PEASE TWO LOTS 15, 16, 17 TOTAL S17F 9.06 AC ® FPL ESMNT 2.68 AC NET Sl TE 6.38 AC BLDG 1.89 AC (30%) Q PA DEMENT 2.46 AC (39X) NA TURAL/LANDSCAPE (PUD .3 3.D) CALC 2.16 AC (31,T) YARD ANALYSIS REQUIRED YARD 1.14 AC ® PROVIDED YARD 1.14 AC ® UTILITY EASEMENT (UE.) 0.26 AC D REMAINDER 0.88 AC NOTE. LAND USE 15 25R OFFICE SPACE, 75X WAREHOUSE" EXAMPLE — PHASE TWO LOTS 15, 16 & 17 COMPOSI TE EXHIBI T D (Corr t-.) co N SDP EXAMPLE #3 EASEMENT DRAINAGE EASEMENT PApPOSI'D 22ZOO 50 i7 BfAY.A71C ' � N D4 w Q 4 E X s LAND USE MATRIA PHASE TWO LOTS 7,8,9, 10 TOTAL SITE 12.74 AC O BLDG 5.10 AC (40%) NA3.84 AC TURALILANDSCAPE (PUD .J 3.D) CALL 3,80 AC f3Q%3 x Ga YARD ANAL YSIS y V REQUIRED YARD 2.74 AC �P- ® PROWDED YARD 2.16 AC ' ^ ® UAUTY EASEMENT (U.E) 0.46' AC V REMAINDER 1.70 AC ro T F" nOIE LAND USE rs iox 0FRlCi' SPAC& 90% WAREHOUSE 0 EXAMPLE — PHASE TWO LOTS 7, 8, 9 & 10 v N Co . . . . 219 ........... . i.0 ...... ..... po ite x ......... ........................ .................... ... . ........... ............ ......... ...11 ...... .-•.........--: .. ...... 7� . . . . . 321 . . . . . ......... ....... .3219- . . . . . . . .•. lill III liumillillul lllrlrTllj7iiii III . . . . . . . i n i n i im 111 1 -- ------ . . . . . . . . • PROPOSED 222,000 SQ F7 . . . . . . BUILDING cl, . . . . . . . 411 . . . . . . . . . . . . . . . . . . . . . . . 321 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . oo . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 4f co. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � I . m m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . •- . . . . . . . . . . ---- 3219:. Composite Exhibit D Cont.) F y: � y 427 321 r�rr,%rrrrr� 3219 �,-r�r�, n-tern-rrrn rrm-n,�f, n-rT,r-rr,�'l co 411 411 321 A-1 411 EXHIBIT A-6 (PAGE 24 OF 28) COMPOSITE EXHIBIT D "KEY TO LOTS" 1 ,1 COLLIER COUNTY WATER TREATMENT PLANT 4 co G 49 ci LOTS 2&3 SDP EXAMPLE 1 2 1 3 11 12 13 n 14 15 16 �f17 18 1 19 s p� 4 60' RJW 10 8 1 7 LOTS 15,16,17 SDP EXAMPLE _ 2 20 EXHIBIT D, PG 10 OF 10 85 5 15 DE LOTS 7,8,9,10 SOP EXAMPLE ..3 rn a m d PHASE TY40 T[ U PHASE NATIVE VEGETATION = ONE REOLIIREMENTS I 1 + + t t + I e + + + + + _ + t + + I3131 + + + + �:... + + + + ++++ + + + +-- ..�, I +,%+,++ + +++ ++++ I + + + + CITU GATE CRf4E r 1 '+ + + + ++++ ++ {}}+}+++ + + + }+ + `+++ + I PHASE ONE ++++++ + + + + + ++++++++++ ++ +++++ + + + + __"� 1 .•;'` PHASE i " I ONF I u PFW$€TM PHASE THREE .I1VE VEGETAMN NATIVE VEGETATION REOUIREMENTS REQURREMENTS PHASE TWO � z X Y ❑ 111 F}i S S Lu I.y l w W a FSI a � w a w� Z H Lu W I � [2Q u a PHAAA TWO PHASE THREE LEGEND NATIVE VEGETATION NATIVE VEGETAnON =%a3 REQUIREMENIS RERTIIREM¢NTS f F—+7 REQUIRED NATIVE VEGETATION FOR PHASE ONE I1 �zk 1' NOT INCLUDED WITHIN REQUIRED YARD PLAN Li J 0.82 ACRES IRS ®REQUIRED NATIVE VEGETATION FOR PHASE a� TWO = 5.15 ACRES REQUIRQ ED NATIVE A EVEGETATION FOR PHASE THREE � OG EXHIBIT E LEGEND PHASE TWO NATIVE VEGETATION CALCULATION PHASE TWO NATIVE VEGETATION 000 CALCULATION PER ACRE 424 ® NON-NATIVE VEGETATION WITHIN TOTAL PHASE TWO ACREAGE = 72.90 AC. p SOUTH COUNTY REpI0M4L PHASE TWO CITY GATE (27.30AC.) TOTAL NON-NATIVE VEGETATION = 27.34 AC. _ TOTAL PHASE TWO ACREAGE 72.90 AC. TRACT R OMITTED' - 10.88 AC.TOTAL - - - - PHASE TWO LOT LINE TOTAL NATIVE VEGETATION' = 45.60 AC. DEVELOPABLE PHASE 15% OF NATIVE VEGETATION (LDC 3.05.07.6) = 45.60 AC ` 0.15 = 6.84 AC. TWO ACREAGE = 62.02 AC. GENERAL NOTES: CLEARING CREDIT - 1.69 AC. TOTAL REQUIRED NATIVE 5.15182.02 T TOTAL CITY GATE Pun {291.55 AC.} - (OR 4532 PG 524;OR 4751 PG 3112) VEGETATION PER ACRE - 0.083 AC. PHASE THREE [182.20 AC.] - PHASE ONE TOTAL REQUIRED NATIVE VEGETATION = 6.84 AC -1.69 AC = 5.15 AC. 'RIGHT OF WAY TRACT {36.45 AC.} = PHASE TWO (72.90 AC.) 0.083 AC OF NATIVE 2. NATIVE VEGETATION CALCULATION VEGETATION REQUIRED BASED ON PREVIOUSLY REVIEWED AND PER 1 ACRE OF APPROVED 2004 FLUCCS DEVELOPABLE LAND WITHIN PHASE PHASE TWO PHASE TWO NATIVE VEGETATION 14ATIVE REAURElAEM3 R _ - REQWREMIErJTS GOLDEN GATE CANAL PHASE TWO 7. 2710 PHASE Two t* NAT RIVEEQUIVEGETATraNREMENTS Jy� R�,•J 427 067 451 113.00 411 53.08 411 094 3 Y •� 4' R a 42454 � w o' x 1••1 W i y Q ��. 'L6. P.7 C) e24 -E2 � 1.72 'NATIVE VEGETATION CALCULATION BASED ON PREVIOUSLY REVIEWED AND APPROVED 2004 FLUCCS EXHIBIT F f B6 000 424 I p SOUTH COUNTY REpI0M4L TMENT PLANT J iFA IN C11YpATE ---' E PARK PVD]140 31 MALF 44 FELT PHASE TWO 7. 2710 PHASE Two t* NAT RIVEEQUIVEGETATraNREMENTS Jy� R�,•J 427 067 451 113.00 411 53.08 411 094 3 Y •� 4' R a 42454 � w o' x 1••1 W i y Q ��. 'L6. P.7 C) e24 -E2 � 1.72 'NATIVE VEGETATION CALCULATION BASED ON PREVIOUSLY REVIEWED AND APPROVED 2004 FLUCCS EXHIBIT F F. LEGEND PHASE THREE NATIVE VEGETATION CALCULATION PHASE TWO NATIVE VEGETATION ®NON-NATIVE VEGETATION CALCULATION PER ACRE WITHIN PHASE THREE CITY TOTAL PHASETIVTHREE ACREAGE 8.74 A AC. TOTAL PHASE THREE ACREAGE = 182.20 AC. GATE {8.74 AC. TOTAL NON-NATIVE VEGETATION = 8.74 AC. _ } TOTAL NATIVE VEGETATION` = 173.46 AC. TRACT R AND RL OMITTED* 20.93 AC. PHASE TWO LOT LINE/ TOTAL DEVELOPABLE PHASE FUTURE PHASE THREE 15% OF NATIVE VEGETATION (LDC 3.05.07.6) = 173.46 AC ' 0.15 = 26.02 AC, THREE ACREAGE = 161.27 AC. GENERAL NOTES: CLEARING CREDIT = 1-43 AC. TOTAL REQUIRED NATIVE 24-59 I. TOTAL CITY GATE PUD (29}-55 AC.) - PHASE (OR 4532 PG 524;OR 4751 PG 3112) 1.0 ACRE CREDIT FOR RL TRACT 1.00 Two (72-90 AC.) - PHASE ONE (36.45 AC_ y = TOTAL REQUIRED NATIVE VEGETATION = 26.02 AC - 1.43 AC = 24.59 AC. TOTAL REQ. NATIVE VEGETATION PHASE THREE 1182.20AC.) WITHIN PHASE THREE'LOTS — 23.59 2. NATIVE VEGETATION CALCULATION BASED TOTAL REQUIRED NATIVE 23.591161.27 ON PREVIOUSLY REVIEWED AND VEGETATION PER ACRE = 0.146 AC, APPROVED 2004 FLUCCS 'RIGHT OF WAY AND LAKEAECREAnONAL TRACT t I PHASE THREE NATIVE VEGETATION GOLDEN GATE CANAL REQUIREMENTS -------- --•-- a24 E4 n.so 4za-E4 4V 0.146 AC OF NATIVE 411 x 1.32 T4T VEGETATION REQUIRED 094 ■�s� s r PER 1 ACRE OF 0B7 3x10 DEVELOPABLE LAND WITHIN 4i1 PHASE THREE !39 1 530150 Vol) v s x 424 ,zo3 � o I � � o a g SOUTH cauNTv REaawu I WATER TREATMENT PLANT tr dI1FFE3 U J [NOT WTF11N CIN¢ITE 5.22 -"---- f COMMERCE PARK PUDI a �y ww � a�u i 411 411H£2 1--I w U 3.66 PHASE S Bq THREE '--' 624Ei � 0 832 1239 l 4+s 4in1E, ^� wf 8113A0 Ib0A. I73 ,4 f3� 0._n 740,4 s 10.39 N 424H -FA .� 00 132.76 ❑ PHASE " x iEET N NATIVEIVE VEGETATION ^REQUIREMENTS 'NATIVE VEGETATION CALCULATION BASED ON au.� PREVIOUSLY REVIEWED AND APPROVED 2004 FLUCCS EXHIBIT G co C0 IVI , N PHASE ONE I I NO REQLRREO j YARD 5' ---------- I I y1 --------- i` I ; j iti '----'- PHASE rwo NATIVE VEGETATION REOUIREMENTS 0 0 SOUTIICOUNTY REGIONAL WATER TREATMENT PLANT MOT 1MTMIN CITvGATE COMMERCE PARK PURI PSUASE ONE NO REOUiRED YARD PFWSE TWO NATIVE VEGETATION REQUIREMENTS -4 PHASE TWO E]WHPLE i1 PHASE THREE PHASETHREE NATIVE VEGETATION REWIREMENTS PHASE PHASE NATIVE VEGETAErA TION NAIVE VEGETATGETA7 ION REQUIREMENTS REOVIREMENTS NATIVE VEGETATION REOUIREMENT FOR PHASE TVVOrrHREE LOTS �!Effli R � z s � a -Z a wp ¢y� s F w AF w x W a �111> WE tz N 00 0 oil 00 1 �MT TOTAL LAT PHASE TWO PHASE THREE REQUIREDPHASE REQUIRED PHASE TOTAL REQUIRED ACREAGE LOT ACREAGE LOT ACREAGE TWO NATIVE VEG. THREE NATIVE VEG. NATIVE VEG- EXAMPLE JIT 4.17 AC 3.60 AC 0.57 AC 3.60 X 0-083 = 0.57 X 0.148 = 0.30 + 0.08 = (88.33%) (13.67%) 0.30 AC 0.08 AC 0.38 AC EXAMPL.EW 4-40 AC 3.18AC 124AC 3.18X0-083= 1.24X0-148= 0.28+0-18= (71-04%) (28.18%) 0.26 AC 0.18 AC 0-44 AC EXAMPLE#3 4-11 AC 2.18AC 1.93 AC 2.18X0.083= 1.93XO.W4 0-18+0-28= (53.04%) (40.98%) 0-18 AC 038 AC 0.48 AC �!Effli R � z s � a -Z a wp ¢y� s F w AF w x W a �111> WE tz N 00 0 oil 00 1 �MT CITY GATE COMMERCE PARK PUDA - PL20170002330 CCPC PACKET PRE-APP NOTES C-,ounty COLTIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.coll . net Assig ned ptanner: Nancy Gundlach Engineering Manager (fo Proj ect Name: City Gate Commerce Park 28OO NORTH HORSESHOE DRIVE NAPIES, FTORIDA 34104 (2391252-24OO Pre-Application Meeting Notes Petition Type:fuqapt|?l PUD R Date and 1-". Tue 711812017 - 9:00 AM PPt Project lnformation PLfl. Pt20170002330 298160008Property lD #:Current Zoning . City Gate PUD/DRI Appl ;."n,. Davidson Engineering, lnc. Agent Name:Tocia Hamlin Phone. (239) 434-6060 Agent/Firm Address: Property o*n"r, CG ll LLC, Address:121 S MAIN ST STE 500 Please provide the following, if applicab ailruv,hw u0 a#s 0? -tv 2011 N N{$ i. Total Acreage: ii. Proposed # of Residential Units: iii. Proposed Commercial Squ"r" foot"g", t)r\ iv. For Amendments, indicate the original petition number: lf there is an Ordi type and number: Resolution associated with thi s project, please indicate the t t^u. o0 Z nance or Ovt and FP's): 4365 RADIO ROAD city: NaPles state: FL zip. 34104 vi. lf the project is within a Plat, provide the name and AR#/p[#: ,f C-OUL ty COTLIER COUNry GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 12391 252-24OO Meeting Notes * t RtE 'bEyr\f 16ps -1@ L}L Ca Lr oT- !,\L t (.s AL Pa uNt ZVL *tVl (ss ", 7 /an lh )b l" Lu Lohr; v gre w)?A tttz- tO ,4ina na ,zl utc L*;/,/)zoi re4 En,'i5 oa /r"0 /h - fkt usc. U.Lr^ I^l ) FLt,t ?o/. f,q 7-/ - 1.{. wk') ay. wl,ta L t Ll 4 N-9uol; L /:1n^0tt of updated 4/26/201-7 Pagel2of5 -fre.s.-r17lL ; oA, C-outtXy Gru,vth Management Department Applicont/Agent moy olso send site plons or conceptuol plons for rcview in odvonce iI desited. P120170002330 Zoning Division PRE-APP INFORMATION Assigned Ops Staff: Ch^ AJe €[orr ro*, zuDK, PL zono C0 LWamden smith; John DeBlasiis FOR SUPPLEMENTAL PRE.APPTICATION MEETING INFORMATION Name and Number of who submitted pre-app request Jessica Harrelson, Davidson Engineering (239.434.5050) Agent to list for PLS Frederick Hood, Davidson Engineering, lnc Owner of property (all owners for all parcels! CG II LLC 850 NWN tLC South Florida Water Management District Citygate Development LLC City Gate Self Storage LLC 3819 3815 White Lake Blvd Associates, LLC Terra Hospitality - Florida, LLC PUD Rezone to the City Gate PUD to include the following, but not limited to (at this time):- update and specifically identify permltted 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 Details about Proiect (choose type that applies): This request is for a PUD Rezone and will repeal the existing City Gate PUD Ordinance (Ord. 88-93) Supplemental lnformation provided by: Name: Jessica Harrelson Title: Senior Project Coordinator Email:esst Phone: 239.434.6050 Zqing Divish . 2800 Nqh Horseslpe Drue . lh&s, Fbrila 341 04 . 249252-2400 ' r,1ryw.collerysv.rEt X w {o co?64 W, 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 applv): rlsT oF pRoPsED REVTSTONS/ADDTTTONS Master Development Plan (Map H) (PUD & Do): 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 Remaining Development (PUD & DO): 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 aggregate amount of building development indicated by A.D.A. Table 12.8.3. (2,926,000 sq. ft) may not be exceeded." Update I'ection 2.7 (CGBS a public ROW) 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 City Gate / Sports Complex is exempt from fence / wall requirements .t/ . 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 Design requirements for Parking o Landscaping widths/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 during the SDp approval process. o Signage Development Standards - City Gate o Eliminate restrictions on Phase One retail (PUD) - "designed for highway travelers and/or City Gate market". o Additional Hotel Zonint (PUD): Additional hotel rooms. o Monument/Menu-Board Sign (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) Add language for items allowed within the existing FPL easement (parking, storm water management, solar power structures) Revise Yards- East of F.P. & L. easement (PUDI: 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 sinBle site, yard requirements shall pertain only to the site boundaries, not to separation between buildings. On site, multiple 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. Vetetation and Wildlife / Wetlands: b. (DO). The 2.41 aues of wetlands preserve shown on the approved Master Development Plan shall be preserved. Remove PUD wetland language: Traffic (Refer DCA Amendment): All PUD/ DR I tra 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 (DO): 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 l0-year extension or abandonment/termination oraft lanruare for lake area (bike/walkins/multi-purpose path) ^\ild[! Al^l<rtl!,? sted rights. dIf)r of the DRl, eliminating such dates while p reserving City Gate's veArC W\ TABTE OF CONTENTS - EXISTING DOCUMENTS APPROVEO ORDINANCES & RESOTUTIONS: . 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) o Development Oder 9542/ Resolution No. 95-143 - Amendment to phasing schedule, construction commencement date and termination date for project (February 21, 1995) . 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 o Determination ofvested 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 540 (December 9, 2009) . Developer Agreement - 1't Amendment - Updated DCA Agreement between Property Owners and Collier County OR 5158 / Page 3989 (June 29, 2015) Federal Fish & Wildlife Permit TE145823-0 (July 1, 2009) pursuant to Section 10 of the Endangered Species Act of 7973 $6 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 ENVIRONMENTAL r County COLI-IER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov,net Collier County Contact lnformation: 28OO NORTH HORSESHOE DRIVE NAPtES, FtORtDA 34104 1239l.252-24oO Name Review Discipline Phone Email E David Anthony Environmental Review 2s2-2497 davidanthony@colliergov.net fiummer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net n Steve Baluch Transportation Planning 252-236L StephenBaluch@colliergov.net X gurie aeard PUD Monitoring 252-5782 laurieqeard@colliergov.net {crclgerown Environmental Specialist 252-2548 CraigBrown@colliergov.net E Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ! George Cascio Utility Billing 2s2-5543 georgecascio@colliergov.net !/ HeidiAshton Cicko Managing Asst. County Attorney 252-8773 heidiashton@colliergov.net d John oegtasiis Zoning Services / Planning Tech 252-LO50 johndeblasis@colliergov.net E Dale Fey North Collier Fire Safety dalefey@colliergov.net O Kay Deselem Zoning Services kaydeselem@colliergov.net ! Eric Fey, P.E.Utility Plan Review 252-2434 ericfey@colliergov.net 0 Sue Faulkner Comprehensive Planning 252-5775 suefaulkner@colliergov.net D Paula Fleishman lmpact Fee Administration 252-2924 paulafleishman@colliergov.net E Michael Gibbons Structural/Residential Plan Review michaelgibbons@colliergov.net {, ruancy Gundlach, AICP, PLA Zoning Services 252-2484 nancygundlach@colliergov.net !Shar Hingson East Naples Fire District 687-5650 shingson@ccfco,org d, tohn ttouldsworth Engineering Services 252-s757 johnhouldsworth@colliergov.net !Jodi Hughes Transportation Pathways 252-57 44 iodihughes@colliergov.net E Alicia Humphries Right-Of-Way Permitting 252-2326 a licia h u mphries@colli ergov.net!Eric Johnson, AICP, CFM Zoning Services 252-293!eflc ohnson@collie ov.net ! Marcia Kendall Comprehensive Planning marciakendall@colli ergov.net D Patty Kulak Zoning Services / Planning Tech 252-7035 patriciakulak@collie .net 252-29L5 stevelen er@ collie ov.net!Paulo Martins Utilities 252-4285 aulomartins@collier ov.net E Thomas Mastroberto Greater Naples Fire Safety 252-7348 Thomasmastrobert o@collier net D Jack McKenna, P.E.Engineering Services 252-2977 Matt McLean , P.E.Principal Pro ect Mana er 252-a279 matthewmclean@colli ergov.net!Utility lmpact Fees ilbertmoncivaiz@collie . net!Michele Mosca , AICP lmpact Fee Administration 252-2466 michelemosca@collie net U pdated 4/26/2017 Pagel4of5 252-2586 252-2426 252-2387 I I Stephen Lenberger Environmental Review jackmckenna@colliergov.net Gilbert Moncivaiz 252-4215 ET C-,wmty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT .colliersov.net Additional Attendee Contact lnformation: 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 1239l. 2s2-24o0 ?(utlit '\'(* t tr Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ! Mariam Ocheltree Graphics mariamocheltree@colliergov,net I Brandy Otero Transit 252-5859 brandyotero@colliergov.net North Collier Fire Safety 2s2-2370 billpancake@collie rgov.net !Brandi Pollard Utility lmpact fees 252-6237 brandipollard@colliergov.net D Fred Reischl, AICP Zoning Services 252-42LL fredreischl@colliergov.net E Brett Rosenblum, P.E.Stormwater Plan Review 252-290 brettrosenblum@colliergov.net E Richard Orth Stormwater Plan Review 252-sO92 t ichardorth@colliergov.net E Alberto Sanchez Public Utilities AlbertoSanchez@colliergov.net ( Michaet sawyer Transportation Planning 252-2926 michaelsawyer@colliergov.net E Eprby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net Chtis Scotl, AICP Planning and Zoning 252-2460 chrisscott@colliergov.net V p6ter shawinsky Architectural Review 252-8523 petershawinsky@colliergov.net [,/Qamdensmith Zoning Services / Operatiom tura\6t 252-1042 camdensmith@colliergov.net y'Scott Stone Assistant County Attorney Scottstone@colliergov.net !Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.nety' Mark templeton Landscape Review 252-2475 marktempleton@colliergov.net LlfrisVanLengen Utility Planning lrisvanlengen@colliergov.net d Jessica Velasco Zoning Division 252-2584 iessicavelasco@colliergov.net!Jon walsh Euilding Review 252-2962 .,onathanwalsh@colliergov.net X David weeks, AtcP Future Land Use Consistency 252-2306 davidweeks@colliergov.net !Kirsten Wilkie Environmental Review kirstenwilkie@colliergov.net I Christine Willoughby Planning and Zoning 252-5748 christinewilloughby@colliergov.net Representing Email rrA ulo pv DAVIMON tlr6 fi,1 t/t)<a )-" OS q Lc. La^)G 2'Z A,'/'e toitC&o<l leU T'rvr,6 t€aai^eshcrn) Updated 4/26/2077 (Va/>nu.41,1//-Pagel5of5 252-2375 ! Bill Pancake 252-2380 252-5740 252-5366 Name I erro* l *00rfl u,fuqw) -tF",Counqt ?V0{t1oo02m The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. lncomplete submiftals will not be accepted. nt to PUD or PUD to PUD RezonePUD Rezone, Amen Submittal Checklist for PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 oI the Administrative Code ittal Requirement Ch list for:Final REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a d amendment is necessary il d description of d lication with required attachmentsComleted A Pre-a lication meeti notes 2 2 2 Warranty Deed(s)3 List ldentifying Owner and all parties of cor ation 2 Signed and sealed Bounda Su 4 Architectural Renderin ro sed structuresof 4 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FTUCFCS Codes with legend included on aerial. 5 tr statement of utili Provisions 4 Environmental Data Re uirements pursuant to LDC section 3.08.00 4 Environmental Data Requirements collated into a single Environmental lmpact Statement (ElS) packet at time of public hearings. Coordinate with ublic hearings.o ect planner at time of { Listed or Protected Species survey, less than L2 months old. lnclude co ies of revtous 5u Traffic lm act Study 7 4 School lmpact Ana icables Application, if a Electronic co of all required documents 2 Checklist continued onto next pa8e... ilIDJauT)nfD--Z, Iiq,a-f,-IgIITI ,, Jl u, [E -ui'i-qs-ua 2/2U2077 PaBe 1 of 3 Grou/fr Managernent Deparfnent nfOUf nefrleftffs-$Y floF coPtEs Affidavit of Authorization. signed and notarized Notarized and completed Covenant of Unified Control Comoleted Addressine Checklist { tr 4 {tr tHistorical Survey t2 '{d The following exhibits are to be completed on a separate document and attached to the application packet: y' exnibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code u/exhibit o, Legal Description 7,/ exnbit e: List of Requested LDC Deviations and iustification for each l/exhibit f : List of Oevelopment Commitments lf located in RFMU Rural Frin M Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239-69G3500 for information regarding "Wildfire Mitigation & Prevention Plan." PTANNERS - INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOTTOWING REVIEWERS: Pre -Application Meeting: 5500.00 D Rezone: 510,000.00* plus 525.00 an acre or fraction of an acre fr, o Minor Study Review: 5750.00 7 o Major Study Review 51,500.00 V rcgd Advertising Fees: {r;cpc, SL,22s.oo 8'scc' ssoo.oo i School Concurrency Fee, if applicable: 2/27/2077 D to PUD Rezone: 58,000.00* plus 525.00 an acre or fraction of an acre D Amendment: 56,000.00* plus S25.00 an acre or fraction of an acre mprehensive Planning Consistency Review: S2,250.00 {Environmental Data Requirements-ElS Packet (submittal determined at pre- applicatlon meeting): S2,500.00 Listed or Protected Species Review (when an EIS is not required): 51,000.00 Transportation Review Fees: P Methodology Review: 5500.00, to be paid directly to Transportation at the Methodology Meeting* +Additional fees to be determined at Methodology Meeting. tr P U/A Completed Exhibits A-F (see below for additional information)*W List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E)bn il Revised Conceptual Master Site Plan 24" x 36"and OneS%" x LL" co pv |,fi v Original PUD document/ordinance, and Master Plan 24" x 36" - Only if Amending the PUD t Revised PUD document with changes crossed thru & underlined M V Copy of Official lnterpretation and/or Zoning Verification r tz *lf located in lmmokalee or seeking affordable housing, include an additional set of each submittal requirement Ita-I School District (Residential Components): Amy z(ockheart IZ Utilities Engineering: KrisJ.dffen W t VI Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers I lmmokalee Water/Sewer District City of Naples: Robin Singer, Planning Director Other: ASSOCIATED FEES FOR APPLICATION PaEe 2 of 3 tr trIfu tr tr tr Conservancy of SWFL: Nichole Ryan $1125 o Mitigation Fees, if application, to be determined by the School District in coordination with the County *Additionol fee for the 5th and subsequent re-submittol will be accessed at 20% of the originol fee. All checks moy be made poyoble to: Boord ol County Commissioners 2/27/2O!7 Page 3 of 3 FUTURE COLLIER COUNTY SPORTS COMPLEX INITIAL CONCEPT PLAN ff:::-_:: a CITY DCDAVIDSON iff I-_rg: .ts4 I \rl PHATJE flTO a'l I ,,1I Environmental PUDZ-PUDA Checklist (non-RFMU) Project Name 9iEl.lGelg ls the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (coN, sT, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08;4.08.00) Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. Ifthe site is vegetated, provide FLUCFCS overlay and vegetation inventory identif ing upland, wetland and exotic vegetation (Admin. Code Ch. 3 G. l. Application Contents #24). FLUCFCS Overlay -P627 Clearly identif! the location ofall preserves and label each as "Preserye" on all plans. (LDC 1.05.07.H.1) Preserve Label- P546 Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on-site or mitigated off-site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D; 3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation - P547 5. Created and retained areas shall t the min Preserve Width - P603 Ur 'd* i Retained preservation areas shall be selecte the criteria defined ln LDC 3.0s.0 A.3, include all 3 strata. um width ,v10Y) requrrements pe r LDC 3.05.07.H . i.b.t1 n be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site LDC ]P550 LI A rn rmum reserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permifted within l0' ofthe boundary unless it can be shown that it will not affect the integrity ofthe preserve (i.e. stem wall or berm around wetland preserve). Provide cross-sections for each preserve boundary identifoing all .05.07.A. l-4) Preserve Solection- nof appllCable-, of 25' fron{ the boundary ofthe p W2;,A'fiD.i"tle[Ld "*5 r'vf app t ; ca.lob author Credentials, consistency determination with the GMPs. off-site ( site alterations within 25'. (LDC 3.05.07 vide Environmental Data identiling preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golfcourse, provide soil sampling/groundwater monitoring reports identifoing any site contamination. (LDC 3.08.00) Environmental Data Req uired SEE DETAILED CHECKLIST BELOW PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 PUD shall include Preserve Tract section. When listing preserye 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: I . 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 P lan notes Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master plan: Preserves may be used to satis0,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. @ or lbe a PUD Document shall identifo any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures ofthe 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 ofthe first phase ofthe project. Additional Comments: Environmental Data Checklist Project Name The Environmental Data req urrements can found in LDC Section 3.08.00 0 Provide the EIS fee if PUD or CU 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 ofenvironmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one ofthe biological sciences with at least two years ofecological or biological professional experience in the State ofFlorida. Please include revision dates on resubmittals. Identifo 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 inforrnation 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 identifu 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. Siles 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. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each ofthe FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. Provide a survey for listed plants identified in 3.04.03 Identifu 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 ofthe FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale @ 0 Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those exisling 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 9 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 flowways or other natural Iand features, located on abutting propenies. Where off-site preservation of native vegetation is proposed in lieu of on-site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type ofdonation (monetary payment or land donation) identified to satisfu the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification numbe(s) ofthe off-site parcel(s) if off-site donation of land is to occur. 10.Provide the results ofany Environmental Assessmen measures needed to remediate ifrequired by FDEP. Soil and/or ground water sampling shall be required ts and/or Audits ofthe property, a ith a narrative ofthel') ryu evelopme $x at the time of first d L nt order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golfcourses, landfill orjunkyards or for sites where hazardous products exceeding 250 gallons of liquid or I,000 pounds of solids were stored or processed or where hazardous wastes in excess of220 pounds per month or I l0 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department ofEnvironmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected ofbeing used for mixing and at discharge point ofwater management system. Sampling should occur randomly ifno points ofcontamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient ofthe potentially contaminated site. Soil sampling should occurjust below the root zone, about 6 to l2 inches below ground surlace or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types ofcontamination found on site and indicate in the Assessment, when the contaminants are over these levels. lf this analysis has been done as part ofan Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 12. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 ( l3), if requested. t4 Identif, 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. For development orders within RFMU sending lands, show how the project is consistent with each ofthe applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and CMP requirements. (LDC 10.02.02.A.3 0 The following to be determined at preapplication meeting: (Choose those that apply) Provide overall description ofproject with respect to environmental and water management issues A. G) Explain how project is consistent with each ofthe applicable objectives and policies in rhe CCME ofthe GMP. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. Indicate wetlands to be impacted and the effects ofthe impact to their functions and how the project's design compensates for wetland impacts. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 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 ofthe EIS shall be provided to the County Manager or designee prior to public hearings. 17. IsEAC Review(byCCpC)required? tAC fiOl unluy)os Arvl 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 satisf 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. 19. Additional comments 20. Stipulations for approval (Conditions) .ifuQounty COTLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (23912s2-24OO FAx (239) 2s2-s724 ADDRESSING CHECKTIST Please complete the following and email to G iil D_Add ressing@colliergov. net or fax to the Operations Division a|239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressino oersonnel orior to ore-aoolication meelino, 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 than 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) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone)E OTHER trtrtr D!tr!!trtr En n SDP (Site oevelopment Plan) ! SDPA (SDP Amendment) D SDPI (lnsubstantial Change to SDP) ! SIP (Site lmprovemenl Plan) E SlPl (lnsubstantial Change to SIP) E SNR (Skeet Name Change) ! SNC (Street Name Change - Unplatted) E TDR (Transfer of Development Rights) ! VA (Variance) E VRP (Vegetation Removal Permit) E VRSFP (Vegetation Removal & Site Fill Permit) LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) SEE ATTACHEO LEGAL FOLIO *S: 00298160008. 00298280001. 00298{40304. 2609500002E. 26095000044. 26095000060. 26095000066. 26095000109. 26095000125. 26095000167, 26095000183. 26095000206,26095000222, 26095000248. 26095000264. 26095000329, 26095000345,2609500036'l 26095000387, 26o95ooozt42 26095000468.2609500(N8a. 26095000507 26095000523.26095000549,26095000565,26095000620,26095000646,26095000652,260950006E8 26095000701 , 26095000727. 26095000743, 26095000769. 26095000785. 2609500080E 26095000824. 260950008,10. 2609s000866. 26095000882 STREET ADDRESS or ADDRESSES (as appticable, if aheady assigned) SJ5 I'49 R26 CURRENT PROJECT NAME (if applicable) City Gate Commerce Park PUD PROPOSED PRO JECT NAME (if appticabte) City Gate Commerce Park PUD SITE DEVELOPMENT PLAN NUMBER (for existing prqects/sites only) SDP - orAR or PL # PUD ORDINANCE 88-93 i LOCATION MAP must be attached showing exact location of projecvsite in relation to nearest public road righG of-way . SURVEY (copy - needed onlyfor unplatted properties) PROPOSED STREET NAMES (it applicable) Qor,ntxy 28OO NORTH HORSESHOE DRIVE NAPIES, FLORIDA 34104 12391252-2400 FAX (239) 2s2-s724 Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether proposed or existing) Please Return Approved Checklist By:Email Fax Applicant Name: JESSICA HARRELSON, DAVTDSON ENGTNEERING Personally picked up Phone: 239.434.6060 Email/Fax: JESSICA@DAVIDSONENGINEERING.COM 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 UdL -Date: 7 t7 20L7 Date:Updated by: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED COTLIER COUNTY GOVERNMENT 6ROWTH MANAGEMENT OEPARTMENT www,collierpov,net HrlA Fi I . No- sS - 2l9rl0/85sh..t I of z Th. Norlh h.lf of Srction 35. Tonn.h|p 49 South, R.nEa 25 Er!t.C.lll.. County, Florld. LESS rh. t{.r t IOO,OO fc.t tharcof forright-cf-rr.y pqrpos.. rnd LESS thr fol lowing darcrib.d p.rcalr: i prrcrl of land bcing i-po;tto'i iif thC Northwirt-{urrier'6T--'-S.crlon 35, Townrh I p qg Sou!h, R.nga 2E E.tt, Co i.. County.Florida. g!lng mor. p.rticularly a.rcrlbad ar fol low!: Co.filanc i n9 tt th! quaata. Sactlon cornrr.. c otrlioa to S.ctlonr lt.nd 13, Towa3h I p 19 South, R.ngc 25 Elrt, Cot li!. Counly.Florldr, S.ld qurrtGr corncr E.lng tnrrk.d \dith . q, x rr,concrata nonl.Etiant having a 3-loch brart crp atttchad lo tha topth.r.of, wlth a 3/4-inch lroo plpa; th.nc. rlong thc Scctlon lrnrbctr..o 5ald Scctloar 3t'rnd 35. i.lorth OOo29,'lS- tvart, 1,3!2.q3t.at lg. polnt on-thc c.ntrrllnl of th. p.opo!.d Acs..t Ro.d No.I r! rhotn oa thr Slatc of Florld. D.p..-tnrnt of Tr.nrpo.-tltlonRlght-ol-W.y lAp fo. Strr. Rord No. 93 (t-75) Sh.ct I ot tOithancr along .rld..nt.rlln. of thc propo..d Acccrr Ro.d No. INo.th l!c3!r0,|. E!.t, :00.00 lrlt to ! polnt od thr E.ttright-of-e{ty -l In. of. clnal, 5.ld potnt al.o bclng on th.s.nt.rlln. of th. propor.d tccatr .a.d to th! ,ata; tr.atttlantpl.nt prrc.l: thcnc. .long rrtd E.st crn!t .rtliht:b'f-iiai l lira"'- - --- North 00'2rt15a tycat, 50.00 faat to a rt. x tr-concrar! ilonuDantrErklnE-th. Ncrtiriaat cornar of tha propo.ad accarr rordrlght-of-yray_to th. w.ta. t..atql.nt il.;rt p.rcql; .nd b.ls9 thetru. ?OINT OF BECIt{$lll$ of th. p.rcc't to bi hrrrin d..€rtb;d;thcnc.-i-I66-i-iE-a-16FiE-l ine of ield rcc.rr rord riqht-ofly.yNo.th !to3fi01. Ertt. t56.5t l..t to a q. x 4. conEr.t! nlonuliantm.rkl.ng tha lntcrrcctlon 0t ..ld North rlght-of-sry xlth th. W..tbound-ary l-lna of tha y..tcr traaunant plrni ptrcrl;'th.nac rlongrald W.rt boundrry lln. North 006f?rl'+. -grtt, tfl,gg tcct to anIro^_rod on tha l{a.t.rly rlght-ol-w.y ot. rtrlp of t.nd l70 f..rln wldth fcr . Florld.,'Powir z Liohi ConDtnv (FpsL) riohr-of-w.v.rr d..crlbcd in Oftlst.l R.cord, B;ok 6f r'. pigi t2ri, C;t lt.r PrnJy-1!!olq!i th.nc. rl0,r9 .ttd WGrtcrly. reit rtgni-of*rryNorrh 3tc3o'2!! E rt. ,O.O:-fG.t to an lr;n rod; tf,ancc :.9nllnyllg-.long r.ld W.rt.rty FpsL rtght-ot-rv.i South S!.30!0!!Er.t. 731.56-t..t to r ar x qi concrcti rnomneni; thrncoEontlnuing_.lo^9 !rld W..ttrly FpgL rIght-ot-wty South OOolTrtt.lYttt, 1,066.70 fG.t to . t! x'tr con..;ta |nonLr|rlnt: thcnc. -c.9n!I nyl19_. l ons .. t d w.! t.r t y Fpta ;i sha-;i-;t i6uiir- oo. rz, r l.It-l.t. 332.71 fc.t to rn lron iod drrrkl;g tha taicrrictlon of rrlaW.rtc.ly FP!L.l.tghr-ot-w!y wtth th. Souitr-tini oi-iti-lfortn rr.f fo-f lh. South h.lf of th. Norrttw..t qu.r!.r of S.ctton 3!.Townrhtp {e_ sourh,_ R.ng! 25 e"st. dii i ii- ci"nii] 'iiirij.; ,.tapolnt..l!.o b.lng th. South.r.t corncr of tt i-p.li. i 'Uc i n9 - t,-i. ind.tcrtbcd: th.ncr .tong rrtd south t inr oi irrl -irJ i it-iiii of trreSouth hat f ot tha Northwart qu.atar of S.ctton 35, South89oolrq0. W.st. 690.t2 f..t to a !" x q. concrr ii 'monr.oin t; ,era LEGAL DESCRI PTIO\ '-::Ef; ITHTTIrEG.*.as@cirq HOLE. MOI{TES AtTD A3SOC.. l}tC. coN3JLlN6 ENGTTE=iS - t ro sUnVtYOa! l il itli' I til'l^ Fi I r ilo. E3.23 9r30/16Sh..r : of L point.baing th. Sogttnxcrt corn.r of th. p.rc.l btlnq herain Uil*;il : ti.::ij,, 3:;li'lirl::r :"*.rji"ii":irl.;i::*".trcrtocnt pl.nt parc.t rtth th. souttr ,iqrri_6r_*"r'Jr'in.propo'.d..cc..r ro.d to th. ,.4.;-;;;.i;ili ii.ii'eli"lr, tn..,.. !ilil:;ll1:l!:[::?:.;:ril:r..*:1, il,ii:;l;,:i::i.i:i:*'i:;i".cc.r. .o.d South riqhr-or-w.y wtth ti. E;ri iigr,ilJil*"y or .-,i,::l' i ; ;51';" : l"H ;;l'":il+5;iil,ffi i i-*l|"ri"Ii i" o rr. :,,' s. AND A Portlon of thc No.th hrrf. of Sectlon 3s. Town.hip q9 Sourh,RinE! 25 E.r!; b.ing d.tcribcd ar foltoryii f.ct ,th 8ld cgrva, t o thr ond ol raldEirt. 9/t.86 f act to th. South I ln.of.-th! No.th h.l t ot rtld SGEI Ion 35, th.nc . South .tg.OO. Orr- __." -.--.-w.it,2oa-27 trGt to th. FOtt{T oF EEG t l{}r r l€: AND Bagln on thc South llo. of tha North htlf of .rld 3.c tlon 35. ata polnt N orth 89.00roIt E..t 'l00.00 fe.t fron th.Southwlrrcornar of thc North h.lf of r.l d S.ctlon fS. ttrcnc a run North00.29r t5, w.rt, I , !!r. l9 f.o t thcrrcc 3outh 0a.2! r0tI Er.t.'29 a. tZ' f..t thanc r- South 02.t6 '2 5' E.. t,'7!0.60 f..t to-!h.--- -b.g I nnl n9o,tcu rwa concava to th. Ngrthc.r t.r ly h.vlng . rtdlutof 3!d .00 t..t. t hanca run Souroug hrnc h a c.ntra l anata. Sourh 43otrr ir. th.r ly r lonE tot 4t oot | 2ar t curv..2l0.5t l3 .HoLE. 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PUDA APPLICATION & ATTACHMENTS: • ATTACHMENT A: DISCLOSURE OF INFORMATION • ATTACHMENT B: LEGAL DESCRIPTION • ATTACHMENT C: NARRATIVE & EVALUATION CRITERIA • ATTACHMENT D: DEVIATIONS & JUSTIFICATIONS • ATTACHMENT E: FOLIO NUMBERS WITHIN THE PUD COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 1 of 16 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: _____________________________ City: ___________ State: ________ ZIP: _______ Telephone: ___________________ Cell: ____________________ Fax: ____________________ E-Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Firm: _________________________________________________________________________ Address: _____________________________ City: ___________ State: ________ ZIP: _______ Telephone: __________________ Cell: _____________________ Fax: ____________________ E-Mail Address: ________________________________________________________________ Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. To be completed by staff COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 2 of 16 DISCLOSURE OF INTEREST INFORMATION Please complete the following information, if space is inadequate use additional sheets and attach to the completed application packet. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 3 of 16 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: _________________ h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 4 of 16 REZONE REQUEST This application is requesting a rezone from: _________________________ Zoning district(s) to the ________________________________ zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________ Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application:  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. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________ Address/ General Location of Subject Property: __________________________________________ __________________________________________________________________________________ PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 5 of 16 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Metes & Bounds Description: _________________________________________________________ ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 6 of 16 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at publi c expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d. The internal and external compatibility of proposed uses, which cond itions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to asce rtain whether or not the request is affected by existing deed restrictions. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 7 of 16 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? __________________________________________________________________________________ __________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed “closed” will not receive further processing and an applicati on “closed” through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. CITY GATE COMMERCE PARK PUDR – PL20170002330 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) City Gate Commerce Park PUDA – PL20170002330 Attachment B – Legal Description January 23, 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 City Gate Commerce Park PUDA – PL20170002330 Attachment B – Legal Description January 23, 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 12,699,846 SQUARE FEET OR 291.55 ACRES, MORE OR LESS. CITYGATE COMMERCE PARK PUDA – PL20170002330 Attachment C – Narrative & Evaluation Criteria January 23, 2018 1 www.davidsonengineering.com ATTACHMENT “C” NARRATIVE AND EVALUATION CRITERIA This PUD Amendment request seeks to provide development standards for the proposed Collier County Sports Complex while modernizing the original PUD document to remove redundancies and offer clarification of previously ambiguous language and standards. The following criteria have been addressed by the applicant to evaluate the proposed PUDA application: a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Response: The proposed amendment does not constitute any unsuitable or inconsistent development patterns in the established areas surrounding the PUD. Additional land uses are not being proposed or requested within this application and therefore the requests are believed to be consistent with the physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Water, sewer, and drainage have been taken into account with the proposed additional external access point and development standards being requested. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Response: Any facilities not maintained by the County will be operated and maintained by the developer and property owner’s association. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) Response: The western portion of the existing City Gate Commerce Park MPUD is located within Activity Center #9 while the eastern portion of the PUD is located within the Urban Industrial District, per the Future Land Use Map. The PUD will continue to be consistent with the goals, objectives, and policies outlined in the Vested Rights Determination. CITYGATE COMMERCE PARK PUDA – PL20170002330 Attachment C – Narrative & Evaluation Criteria January 23, 2018 2 www.davidsonengineering.com d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Response: The proposed PUDA will continue to comply with the minimum buffering requirements, as applicable within this portion of the City Gate Commerce Park MPUD. Furthermore, design, location and land use restrictions contained in the PUD serve to reduce noise and visual related impacts on adjacent residential properties from any future improvements. The required, design and development standards are consistent with the PUD and the existing and future land uses. e. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The proposed PUDA will continue to meet or exceed the open space requirement. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: The proposed change being requested under this PUD Amendment will not increase impacts to public facilities beyond what is currently approved. Any proposed future improvements within this portion of the City Gate Commerce Park PUD will comply with the County Adequate Public Facilities Ordinance where applicable. g. The ability of the subject property and of surrounding areas to accommodate expansion. Response: The proposed additional external access points will accommodate expansion to the surrounding Collier County owned parcels, allowing for the construction of the interconnect and connection to the future Wilson Boulevard-Benfield Road Extension. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Response: The proposed PUD Amendment complies with all applicable regulations set forth in the Collier County Land Development Code and are consistent with public purpose as identified in the original PUD and GMP designation(s). CITYGATE COMMERCE PARK PUDA – PL20170002330 Attachment C – Narrative & Evaluation Criteria January 23, 2018 3 www.davidsonengineering.com Future Land Use Element Provisions Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. The subject properties of the requested PUD Amendment consist of future development area(s) of an approved PUD that is currently consistent with the County’s Future Land Use Element and City Gate’s Vested Rights Determination. Additionally, the proposed amendment is not currently requesting any changes that would create any inconsistencies with the Future Land Use Designation or the Vested Rights Determination. Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The City Gate Commerce Park MPUD has existing internal roadways and developed access points to arterial and or collector roads. This PUD Amendment is also requesting additional external access points to accommodate for the future City Gate Boulevard North Extension, for connection to County owned land and eventually will connect to the proposed Wilson Boulevard-Benfield Road Extension. Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. An impact on traffic on nearby collector and arterial roads will not occur as a result of this PUD Amendment request. Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The subject area of the City Gate Commerce Park MPUD where additional access point(s) are being proposed, are within a future development area of an approved PUD. The provision of these additional access points will continue to further the intent of this Policy. CITYGATE COMMERCE PARK PUDA – PL20170002330 Attachment C – Narrative & Evaluation Criteria January 23, 2018 4 www.davidsonengineering.com Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. The subject area of the City Gate Commerce Park where additional access point(s) are being proposed, are within a future development area of an approved PUD. The provision of these additional access points will continue to further the intent of this Policy. City Gate Commerce Park MPUD PUDA - PL20170002330 January 26, 2018 DEVIATION AND JUSTIFICATION SUMMARY ATTACHMENT “D” TEMPORARY EVENTS AND SIGNS – SPORTS COMPLEX PROJECT (OFF-SITE) 1. Deviation #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 instead a) remove the limitation for the maximum number of days allowed for each temporary use permit; and b) 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. 2. 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 the Collier 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 and multiple signs on City Gate Boulevard North right-of-way, with no size limitation and no requirement for a temporary use permit. Justification (for Deviations 1 and 2): These deviations are for the benefit of Collier County for its proposed Sports Complex Project. The proposed Sports Complex Project will provide a venue for several amateur level events and leagues, while serving the immediate surrounding and regional Collier County community. Temporary events will be a large part of the Sports Complex’s activity and the applicant seeks to allow many events within its new park/complex. The location of the proposed Sports Complex will serve the immediate surrounding and regional Collier County community. With the location of the proposed park, the siting of proper promotional signage outside of the park is necessary throughout for wayfinding and promotion of activities, and to direct and encourage use of this regional sports and recreational facility. The banner sign permitted by the LDC provides minimal visibility and likely will be difficult to read by motorists traveling along Collier Boulevard (C.R. 951), thus justifying the larger banner signs. City Gate Commerce Park MPUD PUDA - PL20170002330 January 26, 2018 DIRECTORY SIGN – MPUD (PLATTED LOT 7, PHASE ONE) 3. Deviation #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 linear feet 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 allow a) 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; and b) a minimum separation of 100-feet from any on-site monument signs. Justification: The applicant seeks to permit a monument sign (for Lot 7) and a Double-Sided Directory sign for the City Gate Commerce Park MPUD. The purpose of this Directory sign is to provide wayfinding for properties within the MPUD. The on-premise sign (specifically for Lot #7) would be permitted by right per the LDC if the previous Double-Sided Directory sign were not also requested. Because of the lack of linear separation, the platted lot size of Lot #7, and the lack of commonly owned property under the POA’s control for an overall directory sign, this deviation is necessary. Please refer to the Master Development Plan Exhibit A-1, page 2 of 5, and the Sign Deviation Exhibit A-5. FLAGS AND FLAGPOLES – SPORTS COMPLEX PROJECT (ON-SITE) 4. Deviation #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; and c) unlimited flag poles separated by a minimum distance 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. City Gate Commerce Park MPUD PUDA - PL20170002330 January 26, 2018 5. 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 provides ingress/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 are clustered are not subject to the 100-foot minimum separation in Deviation #4. Justification (for Deviations 4 and 5): The proposed Sports Complex will have local, regional, and national tournaments, attended by many tourists, justifying the number and height of flag poles near the entrances for wayfinding. The planned roadway within the Sports Complex is expected to be a boulevard style drive, with six (6) flagpoles (three flags on each side) identifying each entrance. It is anticipated that there will also be a flagpole at each field, including the stadium and at the entrance of the field house. DIRECTIONAL SIGNS – MPUD / SPORTS COMPLEX PROJECT (WITHIN MPUD) 6. 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 4 internal 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 displayed to 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 Collier Boulevard) 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; and d) 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. 7. 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 instead allow a minimum setback of 0- feet. This deviation shall apply to on-premise directional signs along public or private rights- of-way, throughout the City Gate Commerce Park MPUD. This deviation does not apply to directional signage on the Sports Complex Project. See Deviation #12. City Gate Commerce Park MPUD PUDA - PL20170002330 January 26, 2018 Justification (for Deviations 6 and 7): The City Gate Commerce Park MPUD is a large mixed- use non-residential, commercial/industrial/office MPUD. For the visitors to the Sports Complex and other businesses in the MPUD, the location of proper way-finding signage, needs to be plentiful, legible and consistently located. A unified design theme will be utilized for all directional signage throughout the MPUD, thereby ensuring a cohesive appearance and increased aesthetic appeal. For example, these deviations are typical of many of the master-planned developments throughout Collier County, including County Barn Rd PUD and Creekside Commerce Park PUD. Please refer to the Master Development Plan Exhibit A- 1, page 2 of 5, and the Sign Deviation Exhibit A-5. POLE MOUNTED SIGN WITH LED DISPLAY – SPORTS COMPLEX PROJECT 8. Deviation #8 seeks relief from LDC Section 5.06.04 G.1 “Off-Premises Directional Signs,” which permits off-site directional signs only in nonresidential zoning districts, agricultural districts and designated nonresidential components of PUDs, to instead 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 to the Master Development Plan Exhibit A-1, page 2 of 5, and the Sign Deviation Exhibit A-5. 9. 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 from the 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 sign location, 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 is displayed, 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; and d) shall not be located more than 4,500 feet from Sports Complex Project. 10. Intentionally omitted. Justification (for Deviations 8 & 9; Deviation 10 was intentionally omitted): City Gate Boulevard North is the future signalized entrance to the City Gate Commerce Park MPUD and the Collier County Sports Complex. Collier Boulevard (C.R. 951) has 8-travel lanes under I-75. One Northbound Collier Boulevard (C.R. 951) travel lane terminates at City Gate Drive and another travel lane terminates at City Gate Boulevard North. These signs will City Gate Commerce Park MPUD PUDA - PL20170002330 January 26, 2018 improve public safety as the MPUD and Sports Complex patrons will be able to more readily identify wayfinding within the area. MONUMENT SIGN – MPUD / SPORTS COMPLEX PROJECT 11. Deviation #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 the City 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; and c) 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 Gate Commerce Park Master Property Owner’s Association, Inc. or its Successor. Collier County reserves the right to remove the sign to accommodate road expansion of City Gate Boulevard North. Justification: This deviation is for the benefit of Collier County for its proposed Sports Complex Project. This deviation seeks to locate a double-faced sign for the City Gate Commerce Park MPUD and the Sports Complex Project. This sign will be located within the Phase One City Gate Boulevard North traffic separator, near the MPUD’s Western boundary. Currently, City Gate Boulevard North is a private right-of-way that is planned to be turned over to Collier County, for ownership and maintenance, as a public right-of-way. When the turnover is complete, the proposed sign location would not be permitted by the LDC. Please refer to the Master Development Plan Exhibit A-1, page 2 of 5, and the Sign Deviation Exhibit A-5. SIGNS - SPORTS COMPLEX PROJECT – ON-PREMISES 12. Deviation #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 fields(s) or playing area, and away from any adjacent public or private roads, to instead allow directional, advertisement, promotional, display, and sponsorship signage, without limitations for type of, location, size, or number, within the Sports Complex Project. City Gate Commerce Park MPUD PUDA - PL20170002330 January 26, 2018 Justification: This deviation is at the request of Collier County. With the size and location of the proposed Sports Complex Project, any signage thereon (directional, advertisement, promotional and sponsorship signage) proper advertising and promotional signage inside the park is necessary throughout for wayfinding and promotion of activities within to direct and encourage efficient use of this regional sports and recreational facility. The Sports Complex will be funded by tourist tax dollars, and will be used by residents and tourists, justifying numerous directional signs on the Sports Complex Project, to facilitate the movement of pedestrians and vehicles within the site. PARKING - SPORTS COMPLEX PROJECT ONLY 13. Deviation #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 be paved…, to instead allow for grassed driveways and access aisles, in grassed parking areas, for the Sports Complex Project. 14. 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 for the Sports Complex Project up to 75 percent of the provided parking spaces to be grassed parking. 15. 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 no landscaping requirements in grassed vehicular use areas within the Sports Complex Project. This deviation shall only apply to grassed parking areas. 16. 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 landscape islands, when located within grassed parking areas within the Sports Complex Project. This deviation shall only apply to grassed parking areas. 17. 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 other structures, 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. City Gate Commerce Park MPUD PUDA - PL20170002330 January 26, 2018 Justification (for Deviations 13 – 17): To achieve a “grassed parking field” that could also be utilized for County sanctioned events, the applicant is seeking to be exempt from the LDC requirements for grassed parking for the Sport Complex Project only. A successful example of this type of grassed parking field/event space can be seen at the JetBlue Park in Lee County. As noted in the LDC requirements for grassed parking, proper subgrade materials shall be utilized to ensure level and useable parking areas year-round. In addition, as grassed areas decrease solar heating, these areas will be significantly more available for event use. LANDSCAPE BUFFERS - SPORTS COMPLEX PROJECT - EAST BOUNDARY 18. Deviation #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 along the 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. Justification: To achieve a true unified development of the proposed Sports Complex facility, the introduction of building setbacks and vegetative landscape buffers are hindering. As with typical site development plans that cross property boundary or zoning lines, the applicant seeks to give Collier County the same option to create a unified site development plan over two County owned properties that happen to cross a MPUD boundary and its required landscaping buffer requirement along the Eastern boundary of the Sports Complex Project as defined in this MPUD document and the Master Concept Plan. LANDSCAPE BUFFERS – MPUD 19. Deviation #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 any existing or subsequent Subdivision Plat (PPL), within the City Gate Commerce Park MPUD, east of the F. P. & L. easement. 20. 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 rights-of-way, within any existing or subsequent Subdivision Plat (PPL), within the City Gate Commerce Park MPUD, east of the F. P. & L. easement. City Gate Commerce Park MPUD PUDA - PL20170002330 January 26, 2018 Justification (for Deviations 19 and 20): The official platting of landscape buffers in existing and future phases within the City Gate Commerce Park MPUD would be redundant in this specific case with the provision of the Required Yard Plan within the boundaries of the MPUD. The native vegetation requirements for this project were established through the original DRI process (DRI-DO 88-2). During the Vested Rights Determination process, a “Required Yard Plan” was established, determining the amount and location of native preservation. The “Required Yard Plan” has been revised and is attached to the MPUD. The Required Yard Plan and landscape buffers will be designated during the Site Development Plan approval process (SDP). This is consistent with previously platted phases. RETAINED NATIVE VEGETATION - SPORTS COMPLEX PROJECT ONLY 21. Deviation #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 of 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 Required Yard Plan associated with the Sports Complex Project. Justification: During the Vested Rights Determination process, a “Required Yard Plan” was established, determining the amount and location of native vegetation retention. The Required Yard Plan sets forth how the native vegetation retention is provided on individual lots within the MPUD to meet the total requirement for the MPUD, in a manner consistent with the City Gate Development Orders. The Required Yard Plan is dissimilar in its configuration on lots in yards/clusters from the County’s current requirement to be in preserves as separate tracts, provided as the largest contiguous natural area possible. The Required Yard Plan was to be the sole source for native vegetation retention guidelines for the PUD. This deviation is only applicable to the Sports Complex Project. It is justified by both the unique large size of the Sports Complex on the MPUD and the County’s development plan to construct the final phase of the Sports Complex on the abutting County owned property. The Required Yard Plan anticipated lots 2-5 acres in size. While the combination of lots was considered (5-12 acres), a large 60+ acre parcel was not expected. Simple geometry, the Sports Complex Project on the MPUD will have far less common boundaries than the ten (10) lots, which are ±6 acres each. In addition, the orientation of the Sports Complex Project will change a Rear Yard along the Eastern boundary into a Side Yard, which reduces that yard by 1.15 acres. Further, since the landscape buffer and Side Yard along the Eastern property boundary of the Sports Complex on the MPUD will be eliminated to permit an City Gate Commerce Park MPUD PUDA - PL20170002330 January 26, 2018 efficient unified plan for the entire Sports Complex, the yard along the Eastern boundary will be reduced by an additional 1.15 acres (a total of 2.30 acres). Because of the foregoing, the total yards on the Sports Complex Project will not be sufficient to meet the native vegetation goal on-site without eliminating flexibility of planning the Sports Complex. The County intends to construct the initial phases of the Sports Complex within the MPUD. The final phases of the Sports Complex will be constructed on the abutting County owned property, within a unified site development plan. Concurrent with this PUDA, the Required Yard Plan has been amended to provide that the Sports Complex Project is only required to complete 50% of its Required Yard Plan native vegetation retention on-site at or before Certificate of Occupancy for the MPUD phase(s) of the Sports Complex Project. The remaining Required Yard native vegetation shall be provided prior to completion of the off-site certifications, on the abutting County owed property. The entirety of the retained or replanted native vegetation for the Sports Complex shall be shown on the unified master plan and completed at or before Certificate of Occupancy for the unified Sports Complex. The remaining Required Yard Plan, retained or replanted, native vegetation shall be provided prior to completion of the off-site certifications. The County will not be required to post any assurance. This deviation is at the request of the contract purchaser for the proposed Collier County Sports Complex. CARETAKER RESIDENCES – MPUD INCLUDING SPORTS COMPLEX PROJECT 22. Deviation #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 instead allow for a maximum of six (6) attached or detached caretaker’s residence(s), limited to locations East of the F. P. & L. Easement. Justification: In certain instances, as an example; the Sport Complex Project, it may not be possible, or it may be the developer/owner’s desire to separate the caretaker residence(s) from a specific land use for privacy, safety and or security reasons. This deviation provides the City Gate Commerce Park MPUD flexibility to place future caretaker residences’ appropriately and safely. City Gate Commerce Park MPUD PUDA - PL20170002330 January 26, 2018 WATER MANAGEMENT – MPUD INCLUDING SPORTS COMPLEX PROJECT 23. Deviation #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 water 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. Justification: As with many developments that have been designed to interconnect and work together, the South Florida Water Management District has historically permitted separate developments/PUD’s to be designed with a master connected water management system. This deviation provides the City Gate Commerce Park MPUD that same flexibility to provide a portion of its water management off-site but within a master system. ARCHITECTURAL REVIEW STANDARDS – SPORTS COMPLEX PROJECT 24. Deviation #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 Sports Complex Project. Justification: The County has requested this deviation. The stadium and field house are distinct and special justifying relief from standard typical guidelines. The field house will be designed to accommodate function and may possibly be adapted for hurricane standards. CITY GATE COMMERCE PARK PUDR – PL20170002330 Attachment E – List of Folio Numbers August 2017 1 www.davidsonengineering.com ATTACHMENT “E” 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 AFFIDAVITS OF AUTHORIZATION COVENANTS OF UNIFIED CONTROL CITY GATE COMMERCE PARK PUDR – PL20170002330 EXHIBIT A August 2017 1 www.davidsonengineering.com EXHIBIT A 35 49 26 N1/2 LESS WATER TREATMENT PLANT, LESS R/W & LESS OR 3336 PG 2498, LESS OR 4520 PGS 2222-23 CG II, LLC CITY GATE COMMERCE PARK PUDR – PL20170002330 EXHIBIT A August 2017 1 www.davidsonengineering.com EXHIBIT A LOTS 1, 9, 13 AND 14, CITY GATE COMMERCE PARK PHASE ONE, ACCORDING TO THE PLAT OR MAP THEREOF RECORDED IN PLAT BOOK 14, PAGES 6 THROUGH 7, OF THE PUBLIC RECORDS, COLLIER COUNTY, FLORIDA. Citygate Development, LLC CITY GATE COMMERCE PARK PUDR – PL20170002330 EXHIBIT A August 2017 1 www.davidsonengineering.com EXHIBIT A LOTS 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 AND TRACT B, CITY GATE COMMERCE PARK PHASE TWO, ACCORDING TO THE PLAT OR MAP THEREOF RECORDED IN PLAT BOOK 49, PAGES 97 THROUGH 100, OF THE PUBLIC RECORDS, COLLIER COUNTY, FLORIDA. AND THAT PORTION IN THE N1/2 OF SEC 35 AS DESC IN OR 3336 PG 2498, LESS CITY GATE COMMERCE CENTER PHASE ONE LESS CITY GATE COMMERCE CENTER PHASE TWO 850 NWN, LLC WARRANTY DEEDS SUBMITTAL CHECKLIST COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 11 of 16 Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary Completed Application with required attachments Pre-application meeting notes Affidavit of Authorization, signed and notarized 2 Notarized and completed Covenant of Unified Control 2 Completed Addressing Checklist 2 Warranty Deed(s) 3 List Identifying Owner and all parties of corporation 2 Signed and sealed Boundary Survey 4 Architectural Rendering of proposed structures 4 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 5 Statement of Utility Provisions 4 Environmental Data Requirements pursuant to LDC section 3.08.00 4 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 4 Traffic Impact Study 7 Historical Survey 4 School Impact Analysis Application, if applicable 2 Electronic copy of all required documents 2 Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD Checklist continued onto next page… FORTHCOMING FORTHCOMING SEE UTILITY STATEMENT LETTER COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 12 of 16 Revised PUD document with changes crossed thru & underlined Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet:  Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code  Exhibit D: Legal Description  Exhibit E: List of Requested LDC Deviations and justification for each  Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.” PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nichole Ryan Utilities Engineering: Eric Fey Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: ASSOCIATED FEES FOR APPLICATION  Pre-Application Meeting: $500.00  PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre  PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre  PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre  Comprehensive Planning Consistency Review: $2,250.00  Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00  Listed or Protected Species Review (when an EIS is not required): $1,000.00  Transportation Review Fees: o Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00  Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 UTILITY STATEMENT CITY GATE COMMERCE PARK PUDR – PL20170002330 Level of Service Statement August 2017 1 www.davidsonengineering.com UTILITY LEVEL OF SERVICE STATEMENT The improvements proposed with this planned unit development amendment (PUDA) application will not generate new utility demands. Therefore, an analysis is not required/provided. 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' CITY GATE ACREAGE CLARIFICATION EMAIL & ATTACHMENTS From:Roger Rice To:GundlachNancy Cc:Josh Fruth Subject:FW: City Gate Acreage question Date:Tuesday, January 30, 2018 4:05:42 PM Attachments:2018-01-30-CG SURVEY EXHIBITS.PDF 2002vs2015 Aerials.pdf 2006 Memo RE Statutory Deed.pdf 2006 Statutory Deed - Access Road #1.pdf Corrective Statutory Deed.pdf 2006 Deed - Triangle SCRWTP.pdf Nancy, The legal for the 1988 City Gate Commerce Park PUD was the North Half of Section 35, Township 49 South, Range 26 East, Collier County, Florida (Exhibit D-1) Less and Except 1. the west 100.00 feet thereof for right-of-way purposes (Collier Blvd.) (Parcel A – See Exhibit D-2) 2. South Collier Regional Water Treatment Plant (Parcel B – See Exhibit D-3) 3. I-75 ROW (Parcel C – See Exhibit D-4); and 4. Access Road #1 (formerly “Landfill Road”) (Parcel D – See Exhibit D-5). The legal description has been updated to reflect that 1. Access Road #1 is no longer less and excepted, but included in the PUD (See explanation below); 2. SCRWTP property no longer includes the triangle piece, which is included in the PUD (See explanation below). Finally, the acreage was corrected to reflect both items above and to adjust for the 1988 surveyor’s calculation error of the acreage in the north ½ of the Section 35. The 1988 Surveyor error was due to monumentation error of the Section line between Sections 35/36. Therefore, this land was always in the North ½ of Section 35, Township 49 South, Range 26 East, therefore it was in the PUD. ACCESS ROAD #1 Collier County entered into a Property Exchange and Design / Construction Agreement (dated July 28, 2000) with the Applicants’ predecessor in title which, inter alia, required the relocation of White Lake Boulevard (formerly Access Road #1 and Landfill Road) from its then location immediately adjacent to the off-ramp limited access right-of- way in the northeast quadrant of the Interstate 1- 75 / Collier Boulevard interchange, to a location immediately adjacent to the Collier County South Regional Water Treatment Plant. See 2002 / 2015 Aerial Attached. This was done “in the interest of public safety and improved traffic circulation.” See Resolution 2000-243. The County abandoned the 70’ wide County Right-of-Way and deeded it to Citygate Development, LLC in exchange for the construction of and relocation of White Lake Boulevard in City Gate Commerce Center, Phase One Plat, recorded in Plat Book 41, Pages 6-7, of the Public Records of Collier County, Florida. The Statutory Deed from Collier County to Citygate Development, LLC was recorded on February 21, 2006 in OR Book 3985, Pages 3420 through 3422, Public Records of Collier County, Florida. The portion of the abandoned 70’ wide County Right-of-Way in the County’s Statutory Deed was then incorporated into 6 platted lots. A Corrective Statutory Deed was recoded on November 4th 2015 in OR Book 5210, Pages 3 et seq., Public Records of Collier County, Florida. SCRWTP In 2005 Citygate Development, LLC and CG II, LLC reached a Settlement Agreement with the County and the Collier County Water-Sewer District (CCWSD). The South County Regional Water Treatment Plant was acquired by eminent domain. The 1983 "Final Judgment and Order Taxing Fees" obligated the CCWSD to construct a visual barrier around the perimeter of the CCWSD's then-planned South County Regional Water Treatment Plant (SCRWTP). SCRWTP was constructed, but that barrier was omitted. Further, CCWSD contractors constructed a well in City Gate's road right-of-way, removed a 30- foot wide swath of trees over 4,000 linear feet without proper authorization and placed its north raw water transmission line and wells outside of its easement. To settle all issues, City Gate agreed to accept a payment, which was less than the fair market value of all property interests City Gate conveyed to the CCWSD. See Executive Summary November 15, 2005. The County/CCWSD also agreed to deed to Citygate Development, LLC, a small parcel of CCWSD owned land that is almost completely encumbered by many perpetual easements. That land (16,819 sq. feet or .386 acres), which is not developable, was of no use to the CCWSD, but because of its location had a modicum of value to Citygate Development, LLC. See Statutory Deed dated January 9th, 2006 recorded at 3965 page 2871 of the Public Records of Collier County. As this land is no longer part of SCRWTP, this land is being added to the PUD. Roger B. Rice, Esq. Roger B. Rice, P.A. 9010 Strada Stell Court, Suite 207 Naples, Florida 34109 Phone: 239-593-1002 Fax: 239-593-1309 From: Josh Fruth [mailto:Josh@davidsonengineering.com] Sent: Tuesday, January 30, 2018 2:15 PM To: Roger Rice <Roger@attyrogerrice.com> Subject: RE: City Gate Acreage question Josh Fruth Vice President Davidson Engineering, Inc. Main: 239.434.6060 josh@davidsonengineering.com www.davidsonengineering.com Naples, FL | Sarasota, FL From: GundlachNancy [mailto:Nancy.Gundlach@colliercountyfl.gov] Sent: Tuesday, January 30, 2018 1:02 PM To: Josh Fruth <Josh@davidsonengineering.com> Subject: City Gate Acreage question Hi Josh, I am writing the Staff Report and a question has come up. Why has the PUD acreage changed? Please let me know. Thanks so much- Sincerely, Nancy Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. S00°29'22"E 2691.95'N00°29'15"W 1334.19'S04°21'08"E 296.92'S02°46'25"E 750.60'S43°47'54"E 94.86' S89°00'01"W 206.27' N89°31'01"E 456.51' S89°31'01"W 454.28'N00°47'14"E 994.98'N00°47'14"E 653.80'S89°04'40"W 690.82' S5 8 ° 3 0 ' 0 3 " E 7 6 1 . 5 6 'S00°47'14"W 1066.70'R=336.00' Δ=41°01'26" CB=S23°14'57"E C=235.47' L=240.58' N00°29'15"W 100.00' NW CORNER OF SECTION 35 W 1/4 CORNER OF SECTIONS 34 & 35 (PARCEL B) COLLIER COUNTY WATER TREATMENT PLANT PARCEL NO. 00298280001 (PARCEL A) SR-951 RIGHT-OF-WAY N31°30'28"E 70.02' N89°13'02"E 5282.54'S00°30'14"E 2669.36'S88°59'59"W 5216.51'N00°29'22"W 2692.33'S86°30'29"W 66.94' WHITE LAKE CORPORATE PARK (PB 31, PG 26-28) NE CORNER OF LOT 18, WHITE PLAINS CORPORATE PARK, PHASE THREE E 1/4 CORNER OF SECTION 35 S00°29'25"E 2692.58'S00°31'11"E 2671.91'NE CORNER OF SECTION 35 (PARCEL C) WHITE LAKE CORPORATE PARK, PHASE THREE (PB 34, PG 45-46) 27 26 34 35 34 35 26 25 35 36 3536 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:CITY GATE SURVEYCLARIFICATION EXHIBITN THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST 100.00 FEET THEREOF FOR RIGHT OF WAY PURPOSES (PARCEL A) AND LESS THE FOLLOWING DESCRIBED LOTS: A LOT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (PARCEL B) COMMENCING AT THE QUARTER SECTION CORNER, COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. SAID QUARTER CORNER BEING MARKED WITH A 4”X4” CONCRETE MONUMENT HAVING A 3-INCH BRASS CAP ATTACHED TO THE TOP THEREOF, WITH A ¾ INCH IRON PIPE; THENCE A LONG THE SECTION LINE BETWEEN SAID SECTIONS 34 AND 35, NORTH 00°29'15” WEST, 1,382.43 FEET TO A POINT ON THE CENTERLINE OF THE 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 ALONG SAID CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 NORTH 89°31'01” EAST, 100.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID EAST CANAL RIGHT OF WAY LINE NORTH 00°29'15” WEST, 50.00 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF THE PROPOSED ACCESS ROAD RIGHT OF WAY TO THE WATER TREAMENT PLANT LOT; AND BEING THE TRUE POINT OF BEGINNING OF THE LOT TO BE HEREIN DESCRIBED; THENCE ALONG THE NORTH LINE OF SAID ACCESS ROAD RIGHT TO WAY NORTH 89°31'01” EAST, 456.51 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID NORTH RIGHT OF WAY WITH THE WEST BOUNDARY LINE OF THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID WEST BOUNDARY LINE NORTH 00°47'14” EAST, 994.98 FEET TO AN IRON ROD ON THE WESTERLY RIGHT OF WAY OF A STRIP OF LAND 170 FEET IN WIDTH FOR A FLORIDA, POWER & LIGHT COMPANY (FP&L) RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210, COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT OF WAY NORTH 31°30'28” EAST, 70.02 FEET TO AN IRON ROD; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 58°30'03” EAST, 761.56 FEET TO A 4”X4” CONCRETE MONUMENT; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14” WEST, 1,066.70 FEET TO A 4”X4” CONCRETE MONUMENT THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14” WEST, 332.74 FEET TO AN IRON ROD MARKING THE INTERSECTION OF SAID WESTERLY FP&L RIGHT OF WAY WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THE LOT BEING HEREIN DESCRIBED; THENCE ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 35, SOUTH 89°04'40” WEST, 690.82 FEET TO A 4”X4” CONCRETE MONUMENT; SAID POINT BEING THE SOUTHWEST CORNER OF THE LOT BEING HEREIN DESCRIBED; THENCE ALONG THE WEST BOUNDARY LINE OF SAID LOT NORTH 00°47'14” EAST, 653.80 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF THE WEST BOUNDARY OF THE WATER TREATMENT PLANT LOT WITH THE SOUTH RIGHT OF WAY OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID SOUTH RIGHT OF WAY SOUTH 89°31'01” WEST, 454.28 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID ACCESS ROAD SOUTH RIGHT OF WAY WITH THE EAST RIGHT OF WAY OF A CANAL; THENCE ALONG SAID CANAL EAST RIGHT OF WAY NORTH 00°29'15” WEST 100.00 FEET TO THE POINT OF BEGINNING. AND (PARCEL C) 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 A POINT NORTH 89°00'01” EAST 100.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH 00°29'15” WEST, 1,334.19 FEET, THENCE SOUTH 04°21'08” EAST, 296.92 FEET, THENCE SOUTH 02°46'25” EAST, 750.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE 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, THENCE SOUTH 89°00'01” WEST, 206.27 FEET TO THE POINT OF BEGINNING. A PORTION OF 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 A POINT NORTH 89°00'01" EAST, 306.27 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH 43°47'54" WEST, 94.86 FEET TO THE THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE RUN NORTHWESTERLY ALONG SAID CURVE 240.58 FEET THROUGH A CENTRAL ANGLE OF 41°01'29" TO THE END OF SAID CURVE, 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°21'29" EAST, 378.34 FEET, THENCE SOUTH 02°46'25" EAST, 751.56 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 A CENTRAL ANGLE OF 41°01'29" TO THE END OF SAID CURVE, THENCE SOUTH 43°47'54" EAST, 159.68 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35, THENCE SOUTH 89°00'01" WEST, 95.40 FEET TO THE POINT OF BEGINNING. AND (PARCEL D) A PARCEL OF LAND BEING A PORTION THE 70.00-FOOT-WIDE LANDFILL ROAD LYING IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE N00°29'15”W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 93 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPSOED ACCESS ROAD NO. 1, N89°31'01”E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON A CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL S00°29'15”E A DISTANCE OF 50.00 FEET TO THE SOUTHWEST (SW) CORNER OF A PROPOSED 100.00 FOOT WIDE ACCESS ROAD, AND A POINT OF BEGINNING, THENCE ALONG THE SOUTHERLY LINE OF SAID PROPOSED ACCESS ROAD N89°31'01”E A DISTANCE OF 70.16 FEET; THENCE S04°21'08”E A DISTANCE OF 293.15 FEET; THENCE S02°46'25E A DISTANCE OF 751.56 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 266.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°02'29” A DISTANCE OF 190.46 FEET TO THE POINT OF TAGENCY; THENCE S43°47'54”E A DISTANCE OF 156.05 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 35; THENCE S89°00'01”W ALONG SAID SOUTH LINE A DISTANCE OF 95.40 FEET; THENCE N43°47'54”W A DISTANCE OF 91.23 FEET; TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 336.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°01'29” A DISTANCE OF 240.58 FEET TO THE POINT OF TAGENCY; THENCE N02°46'25”W A DISTANCE OF 750.60 FEET; THENCE N04°21'08”W A DISTANCE OF 296.92 FEET TO THE POINT OF BEGINNING. CONTAINING 287.187 ACRES, MORE OR LESS. DESCRIPTION: EXHIBIT D-1 S00°29'22"E 2691.95'N00°29'15"W 1334.19'S04°21'08"E 296.92'S02°46'25"E 750.60'S43°47'54"E 94.86' S89°00'01"W 206.27' N89°31'01"E 456.51' S89°31'01"W 454.28'N00°47'14"E 994.98'N00°47'14"E 653.80'S89°04'40"W 690.82' S5 8 ° 3 0 ' 0 3 " E 7 6 1 . 5 6 'S00°47'14"W 1066.70'R=336.00' Δ=41°01'26" CB=S23°14'57"E C=235.47' L=240.58' N00°29'15"W 100.00' NW CORNER OF SECTION 35 W 1/4 CORNER OF SECTIONS 34 & 35 (PARCEL B) COLLIER COUNTY WATER TREATMENT PLANT PARCEL NO. 00298280001 (PARCEL A) SR-951 RIGHT-OF-WAY N31°30'28"E 70.02' N89°13'02"E 5282.54'S00°30'14"E 2669.36'S88°59'59"W 5216.51'N00°29'22"W 2692.33'S86°30'29"W 66.94' WHITE LAKE CORPORATE PARK (PB 31, PG 26-28) NE CORNER OF LOT 18, WHITE PLAINS CORPORATE PARK, PHASE THREE E 1/4 CORNER OF SECTION 35 S00°29'25"E 2692.58'S00°31'11"E 2671.91'NE CORNER OF SECTION 35 (PARCEL C) WHITE LAKE CORPORATE PARK, PHASE THREE (PB 34, PG 45-46) 27 26 34 35 34 35 26 25 35 36 3536 EXHIBIT D-24365 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:CITY GATE SURVEYCLARIFICATION EXHIBITN LEGEND LESS AND EXCEPT PARCEL A THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST 100.00 FEET THEREOF FOR RIGHT OF WAY PURPOSES (PARCEL A) AND LESS THE FOLLOWING DESCRIBED LOTS: A LOT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (PARCEL B) COMMENCING AT THE QUARTER SECTION CORNER, COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. SAID QUARTER CORNER BEING MARKED WITH A 4”X4” CONCRETE MONUMENT HAVING A 3-INCH BRASS CAP ATTACHED TO THE TOP THEREOF, WITH A ¾ INCH IRON PIPE; THENCE A LONG THE SECTION LINE BETWEEN SAID SECTIONS 34 AND 35, NORTH 00°29'15” WEST, 1,382.43 FEET TO A POINT ON THE CENTERLINE OF THE 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 ALONG SAID CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 NORTH 89°31'01” EAST, 100.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID EAST CANAL RIGHT OF WAY LINE NORTH 00°29'15” WEST, 50.00 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF THE PROPOSED ACCESS ROAD RIGHT OF WAY TO THE WATER TREAMENT PLANT LOT; AND BEING THE TRUE POINT OF BEGINNING OF THE LOT TO BE HEREIN DESCRIBED; THENCE ALONG THE NORTH LINE OF SAID ACCESS ROAD RIGHT TO WAY NORTH 89°31'01” EAST, 456.51 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID NORTH RIGHT OF WAY WITH THE WEST BOUNDARY LINE OF THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID WEST BOUNDARY LINE NORTH 00°47'14” EAST, 994.98 FEET TO AN IRON ROD ON THE WESTERLY RIGHT OF WAY OF A STRIP OF LAND 170 FEET IN WIDTH FOR A FLORIDA, POWER & LIGHT COMPANY (FP&L) RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210, COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT OF WAY NORTH 31°30'28” EAST, 70.02 FEET TO AN IRON ROD; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 58°30'03” EAST, 761.56 FEET TO A 4”X4” CONCRETE MONUMENT; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14” WEST, 1,066.70 FEET TO A 4”X4” CONCRETE MONUMENT THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14” WEST, 332.74 FEET TO AN IRON ROD MARKING THE INTERSECTION OF SAID WESTERLY FP&L RIGHT OF WAY WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THE LOT BEING HEREIN DESCRIBED; THENCE ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 35, SOUTH 89°04'40” WEST, 690.82 FEET TO A 4”X4” CONCRETE MONUMENT; SAID POINT BEING THE SOUTHWEST CORNER OF THE LOT BEING HEREIN DESCRIBED; THENCE ALONG THE WEST BOUNDARY LINE OF SAID LOT NORTH 00°47'14” EAST, 653.80 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF THE WEST BOUNDARY OF THE WATER TREATMENT PLANT LOT WITH THE SOUTH RIGHT OF WAY OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID SOUTH RIGHT OF WAY SOUTH 89°31'01” WEST, 454.28 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID ACCESS ROAD SOUTH RIGHT OF WAY WITH THE EAST RIGHT OF WAY OF A CANAL; THENCE ALONG SAID CANAL EAST RIGHT OF WAY NORTH 00°29'15” WEST 100.00 FEET TO THE POINT OF BEGINNING. AND (PARCEL C) 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 A POINT NORTH 89°00'01” EAST 100.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH 00°29'15” WEST, 1,334.19 FEET, THENCE SOUTH 04°21'08” EAST, 296.92 FEET, THENCE SOUTH 02°46'25” EAST, 750.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE 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, THENCE SOUTH 89°00'01” WEST, 206.27 FEET TO THE POINT OF BEGINNING. A PORTION OF 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 A POINT NORTH 89°00'01" EAST, 306.27 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH 43°47'54" WEST, 94.86 FEET TO THE THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE RUN NORTHWESTERLY ALONG SAID CURVE 240.58 FEET THROUGH A CENTRAL ANGLE OF 41°01'29" TO THE END OF SAID CURVE, 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°21'29" EAST, 378.34 FEET, THENCE SOUTH 02°46'25" EAST, 751.56 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 A CENTRAL ANGLE OF 41°01'29" TO THE END OF SAID CURVE, THENCE SOUTH 43°47'54" EAST, 159.68 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35, THENCE SOUTH 89°00'01" WEST, 95.40 FEET TO THE POINT OF BEGINNING. AND (PARCEL D) A PARCEL OF LAND BEING A PORTION THE 70.00-FOOT-WIDE LANDFILL ROAD LYING IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE N00°29'15”W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 93 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPSOED ACCESS ROAD NO. 1, N89°31'01”E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON A CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL S00°29'15”E A DISTANCE OF 50.00 FEET TO THE SOUTHWEST (SW) CORNER OF A PROPOSED 100.00 FOOT WIDE ACCESS ROAD, AND A POINT OF BEGINNING, THENCE ALONG THE SOUTHERLY LINE OF SAID PROPOSED ACCESS ROAD N89°31'01”E A DISTANCE OF 70.16 FEET; THENCE S04°21'08”E A DISTANCE OF 293.15 FEET; THENCE S02°46'25E A DISTANCE OF 751.56 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 266.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°02'29” A DISTANCE OF 190.46 FEET TO THE POINT OF TAGENCY; THENCE S43°47'54”E A DISTANCE OF 156.05 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 35; THENCE S89°00'01”W ALONG SAID SOUTH LINE A DISTANCE OF 95.40 FEET; THENCE N43°47'54”W A DISTANCE OF 91.23 FEET; TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 336.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°01'29” A DISTANCE OF 240.58 FEET TO THE POINT OF TAGENCY; THENCE N02°46'25”W A DISTANCE OF 750.60 FEET; THENCE N04°21'08”W A DISTANCE OF 296.92 FEET TO THE POINT OF BEGINNING. CONTAINING 287.187 ACRES, MORE OR LESS. DESCRIPTION: S00°29'22"E 2691.95'N00°29'15"W 1334.19'S04°21'08"E 296.92'S02°46'25"E 750.60'S43°47'54"E 94.86' S89°00'01"W 206.27' N89°31'01"E 456.51' S89°31'01"W 454.28'N00°47'14"E 994.98'N00°47'14"E 653.80'S89°04'40"W 690.82' S5 8 ° 3 0 ' 0 3 " E 7 6 1 . 5 6 'S00°47'14"W 1066.70'R=336.00' Δ=41°01'26" CB=S23°14'57"E C=235.47' L=240.58' N00°29'15"W 100.00' NW CORNER OF SECTION 35 W 1/4 CORNER OF SECTIONS 34 & 35 (PARCEL B) COLLIER COUNTY WATER TREATMENT PLANT PARCEL NO. 00298280001 (PARCEL A) SR-951 RIGHT-OF-WAY N31°30'28"E 70.02' N89°13'02"E 5282.54'S00°30'14"E 2669.36'S88°59'59"W 5216.51'N00°29'22"W 2692.33'S86°30'29"W 66.94' WHITE LAKE CORPORATE PARK (PB 31, PG 26-28) NE CORNER OF LOT 18, WHITE PLAINS CORPORATE PARK, PHASE THREE E 1/4 CORNER OF SECTION 35 S00°29'25"E 2692.58'S00°31'11"E 2671.91'NE CORNER OF SECTION 35 (PARCEL C) WHITE LAKE CORPORATE PARK, PHASE THREE (PB 34, PG 45-46) 27 26 34 35 34 35 26 25 35 36 3536 EXHIBIT D-34365 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:CITY GATE SURVEYCLARIFICATION EXHIBITN LEGEND LESS AND EXCEPT PARCEL A LESS AND EXCEPT PARCELB THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST 100.00 FEET THEREOF FOR RIGHT OF WAY PURPOSES (PARCEL A) AND LESS THE FOLLOWING DESCRIBED LOTS: A LOT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (PARCEL B) COMMENCING AT THE QUARTER SECTION CORNER, COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. SAID QUARTER CORNER BEING MARKED WITH A 4”X4” CONCRETE MONUMENT HAVING A 3-INCH BRASS CAP ATTACHED TO THE TOP THEREOF, WITH A ¾ INCH IRON PIPE; THENCE A LONG THE SECTION LINE BETWEEN SAID SECTIONS 34 AND 35, NORTH 00°29'15” WEST, 1,382.43 FEET TO A POINT ON THE CENTERLINE OF THE 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 ALONG SAID CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 NORTH 89°31'01” EAST, 100.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID EAST CANAL RIGHT OF WAY LINE NORTH 00°29'15” WEST, 50.00 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF THE PROPOSED ACCESS ROAD RIGHT OF WAY TO THE WATER TREAMENT PLANT LOT; AND BEING THE TRUE POINT OF BEGINNING OF THE LOT TO BE HEREIN DESCRIBED; THENCE ALONG THE NORTH LINE OF SAID ACCESS ROAD RIGHT TO WAY NORTH 89°31'01” EAST, 456.51 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID NORTH RIGHT OF WAY WITH THE WEST BOUNDARY LINE OF THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID WEST BOUNDARY LINE NORTH 00°47'14” EAST, 994.98 FEET TO AN IRON ROD ON THE WESTERLY RIGHT OF WAY OF A STRIP OF LAND 170 FEET IN WIDTH FOR A FLORIDA, POWER & LIGHT COMPANY (FP&L) RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210, COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT OF WAY NORTH 31°30'28” EAST, 70.02 FEET TO AN IRON ROD; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 58°30'03” EAST, 761.56 FEET TO A 4”X4” CONCRETE MONUMENT; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14” WEST, 1,066.70 FEET TO A 4”X4” CONCRETE MONUMENT THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14” WEST, 332.74 FEET TO AN IRON ROD MARKING THE INTERSECTION OF SAID WESTERLY FP&L RIGHT OF WAY WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THE LOT BEING HEREIN DESCRIBED; THENCE ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 35, SOUTH 89°04'40” WEST, 690.82 FEET TO A 4”X4” CONCRETE MONUMENT; SAID POINT BEING THE SOUTHWEST CORNER OF THE LOT BEING HEREIN DESCRIBED; THENCE ALONG THE WEST BOUNDARY LINE OF SAID LOT NORTH 00°47'14” EAST, 653.80 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF THE WEST BOUNDARY OF THE WATER TREATMENT PLANT LOT WITH THE SOUTH RIGHT OF WAY OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID SOUTH RIGHT OF WAY SOUTH 89°31'01” WEST, 454.28 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID ACCESS ROAD SOUTH RIGHT OF WAY WITH THE EAST RIGHT OF WAY OF A CANAL; THENCE ALONG SAID CANAL EAST RIGHT OF WAY NORTH 00°29'15” WEST 100.00 FEET TO THE POINT OF BEGINNING. AND (PARCEL C) 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 A POINT NORTH 89°00'01” EAST 100.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH 00°29'15” WEST, 1,334.19 FEET, THENCE SOUTH 04°21'08” EAST, 296.92 FEET, THENCE SOUTH 02°46'25” EAST, 750.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE 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, THENCE SOUTH 89°00'01” WEST, 206.27 FEET TO THE POINT OF BEGINNING. A PORTION OF 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 A POINT NORTH 89°00'01" EAST, 306.27 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH 43°47'54" WEST, 94.86 FEET TO THE THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE RUN NORTHWESTERLY ALONG SAID CURVE 240.58 FEET THROUGH A CENTRAL ANGLE OF 41°01'29" TO THE END OF SAID CURVE, 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°21'29" EAST, 378.34 FEET, THENCE SOUTH 02°46'25" EAST, 751.56 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 A CENTRAL ANGLE OF 41°01'29" TO THE END OF SAID CURVE, THENCE SOUTH 43°47'54" EAST, 159.68 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35, THENCE SOUTH 89°00'01" WEST, 95.40 FEET TO THE POINT OF BEGINNING. AND (PARCEL D) A PARCEL OF LAND BEING A PORTION THE 70.00-FOOT-WIDE LANDFILL ROAD LYING IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE N00°29'15”W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 93 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPSOED ACCESS ROAD NO. 1, N89°31'01”E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON A CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL S00°29'15”E A DISTANCE OF 50.00 FEET TO THE SOUTHWEST (SW) CORNER OF A PROPOSED 100.00 FOOT WIDE ACCESS ROAD, AND A POINT OF BEGINNING, THENCE ALONG THE SOUTHERLY LINE OF SAID PROPOSED ACCESS ROAD N89°31'01”E A DISTANCE OF 70.16 FEET; THENCE S04°21'08”E A DISTANCE OF 293.15 FEET; THENCE S02°46'25E A DISTANCE OF 751.56 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 266.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°02'29” A DISTANCE OF 190.46 FEET TO THE POINT OF TAGENCY; THENCE S43°47'54”E A DISTANCE OF 156.05 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 35; THENCE S89°00'01”W ALONG SAID SOUTH LINE A DISTANCE OF 95.40 FEET; THENCE N43°47'54”W A DISTANCE OF 91.23 FEET; TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 336.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°01'29” A DISTANCE OF 240.58 FEET TO THE POINT OF TAGENCY; THENCE N02°46'25”W A DISTANCE OF 750.60 FEET; THENCE N04°21'08”W A DISTANCE OF 296.92 FEET TO THE POINT OF BEGINNING. CONTAINING 287.187 ACRES, MORE OR LESS. DESCRIPTION: S00°29'22"E 2691.95'N00°29'15"W 1334.19'S04°21'08"E 296.92'S02°46'25"E 750.60'S43°47'54"E 94.86' S89°00'01"W 206.27' N89°31'01"E 456.51' S89°31'01"W 454.28'N00°47'14"E 994.98'N00°47'14"E 653.80'S89°04'40"W 690.82' S5 8 ° 3 0 ' 0 3 " E 7 6 1 . 5 6 'S00°47'14"W 1066.70'R=336.00' Δ=41°01'26" CB=S23°14'57"E C=235.47' L=240.58' N00°29'15"W 100.00' NW CORNER OF SECTION 35 W 1/4 CORNER OF SECTIONS 34 & 35 (PARCEL B) COLLIER COUNTY WATER TREATMENT PLANT PARCEL NO. 00298280001 (PARCEL A) SR-951 RIGHT-OF-WAY N31°30'28"E 70.02' N89°13'02"E 5282.54'S00°30'14"E 2669.36'S88°59'59"W 5216.51'N00°29'22"W 2692.33'S86°30'29"W 66.94' WHITE LAKE CORPORATE PARK (PB 31, PG 26-28) NE CORNER OF LOT 18, WHITE PLAINS CORPORATE PARK, PHASE THREE E 1/4 CORNER OF SECTION 35 S00°29'25"E 2692.58'S00°31'11"E 2671.91'NE CORNER OF SECTION 35 (PARCEL C) WHITE LAKE CORPORATE PARK, PHASE THREE (PB 34, PG 45-46) 27 26 34 35 34 35 26 25 35 36 3536 EXHIBIT D-44365 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:CITY GATE SURVEYCLARIFICATION EXHIBITN LEGEND LESS AND EXCEPT PARCEL A LESS AND EXCEPT PARCEL C LESS AND EXCEPT PARCELB THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST 100.00 FEET THEREOF FOR RIGHT OF WAY PURPOSES (PARCEL A) AND LESS THE FOLLOWING DESCRIBED LOTS: A LOT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (PARCEL B) COMMENCING AT THE QUARTER SECTION CORNER, COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. SAID QUARTER CORNER BEING MARKED WITH A 4”X4” CONCRETE MONUMENT HAVING A 3-INCH BRASS CAP ATTACHED TO THE TOP THEREOF, WITH A ¾ INCH IRON PIPE; THENCE A LONG THE SECTION LINE BETWEEN SAID SECTIONS 34 AND 35, NORTH 00°29'15” WEST, 1,382.43 FEET TO A POINT ON THE CENTERLINE OF THE 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 ALONG SAID CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 NORTH 89°31'01” EAST, 100.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID EAST CANAL RIGHT OF WAY LINE NORTH 00°29'15” WEST, 50.00 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF THE PROPOSED ACCESS ROAD RIGHT OF WAY TO THE WATER TREAMENT PLANT LOT; AND BEING THE TRUE POINT OF BEGINNING OF THE LOT TO BE HEREIN DESCRIBED; THENCE ALONG THE NORTH LINE OF SAID ACCESS ROAD RIGHT TO WAY NORTH 89°31'01” EAST, 456.51 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID NORTH RIGHT OF WAY WITH THE WEST BOUNDARY LINE OF THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID WEST BOUNDARY LINE NORTH 00°47'14” EAST, 994.98 FEET TO AN IRON ROD ON THE WESTERLY RIGHT OF WAY OF A STRIP OF LAND 170 FEET IN WIDTH FOR A FLORIDA, POWER & LIGHT COMPANY (FP&L) RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210, COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT OF WAY NORTH 31°30'28” EAST, 70.02 FEET TO AN IRON ROD; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 58°30'03” EAST, 761.56 FEET TO A 4”X4” CONCRETE MONUMENT; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14” WEST, 1,066.70 FEET TO A 4”X4” CONCRETE MONUMENT THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14” WEST, 332.74 FEET TO AN IRON ROD MARKING THE INTERSECTION OF SAID WESTERLY FP&L RIGHT OF WAY WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THE LOT BEING HEREIN DESCRIBED; THENCE ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 35, SOUTH 89°04'40” WEST, 690.82 FEET TO A 4”X4” CONCRETE MONUMENT; SAID POINT BEING THE SOUTHWEST CORNER OF THE LOT BEING HEREIN DESCRIBED; THENCE ALONG THE WEST BOUNDARY LINE OF SAID LOT NORTH 00°47'14” EAST, 653.80 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF THE WEST BOUNDARY OF THE WATER TREATMENT PLANT LOT WITH THE SOUTH RIGHT OF WAY OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID SOUTH RIGHT OF WAY SOUTH 89°31'01” WEST, 454.28 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID ACCESS ROAD SOUTH RIGHT OF WAY WITH THE EAST RIGHT OF WAY OF A CANAL; THENCE ALONG SAID CANAL EAST RIGHT OF WAY NORTH 00°29'15” WEST 100.00 FEET TO THE POINT OF BEGINNING. AND (PARCEL C) 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 A POINT NORTH 89°00'01” EAST 100.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH 00°29'15” WEST, 1,334.19 FEET, THENCE SOUTH 04°21'08” EAST, 296.92 FEET, THENCE SOUTH 02°46'25” EAST, 750.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE 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, THENCE SOUTH 89°00'01” WEST, 206.27 FEET TO THE POINT OF BEGINNING. A PORTION OF 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 A POINT NORTH 89°00'01" EAST, 306.27 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH 43°47'54" WEST, 94.86 FEET TO THE THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE RUN NORTHWESTERLY ALONG SAID CURVE 240.58 FEET THROUGH A CENTRAL ANGLE OF 41°01'29" TO THE END OF SAID CURVE, 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°21'29" EAST, 378.34 FEET, THENCE SOUTH 02°46'25" EAST, 751.56 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 A CENTRAL ANGLE OF 41°01'29" TO THE END OF SAID CURVE, THENCE SOUTH 43°47'54" EAST, 159.68 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35, THENCE SOUTH 89°00'01" WEST, 95.40 FEET TO THE POINT OF BEGINNING. AND (PARCEL D) A PARCEL OF LAND BEING A PORTION THE 70.00-FOOT-WIDE LANDFILL ROAD LYING IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE N00°29'15”W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 93 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPSOED ACCESS ROAD NO. 1, N89°31'01”E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON A CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL S00°29'15”E A DISTANCE OF 50.00 FEET TO THE SOUTHWEST (SW) CORNER OF A PROPOSED 100.00 FOOT WIDE ACCESS ROAD, AND A POINT OF BEGINNING, THENCE ALONG THE SOUTHERLY LINE OF SAID PROPOSED ACCESS ROAD N89°31'01”E A DISTANCE OF 70.16 FEET; THENCE S04°21'08”E A DISTANCE OF 293.15 FEET; THENCE S02°46'25E A DISTANCE OF 751.56 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 266.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°02'29” A DISTANCE OF 190.46 FEET TO THE POINT OF TAGENCY; THENCE S43°47'54”E A DISTANCE OF 156.05 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 35; THENCE S89°00'01”W ALONG SAID SOUTH LINE A DISTANCE OF 95.40 FEET; THENCE N43°47'54”W A DISTANCE OF 91.23 FEET; TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 336.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°01'29” A DISTANCE OF 240.58 FEET TO THE POINT OF TAGENCY; THENCE N02°46'25”W A DISTANCE OF 750.60 FEET; THENCE N04°21'08”W A DISTANCE OF 296.92 FEET TO THE POINT OF BEGINNING. CONTAINING 287.187 ACRES, MORE OR LESS. DESCRIPTION: S00°29'22"E 2691.95'N00°29'15"W 1334.19'S04°21'08"E 296.92'S02°46'25"E 750.60'S43°47'54"E 94.86' S89°00'01"W 206.27' N89°31'01"E 456.51' S89°31'01"W 454.28'N00°47'14"E 994.98'N00°47'14"E 653.80'S89°04'40"W 690.82' S5 8 ° 3 0 ' 0 3 " E 7 6 1 . 5 6 'S00°47'14"W 1066.70'R=336.00' Δ=41°01'26" CB=S23°14'57"E C=235.47' L=240.58' N00°29'15"W 100.00' NW CORNER OF SECTION 35 W 1/4 CORNER OF SECTIONS 34 & 35 (PARCEL B) COLLIER COUNTY WATER TREATMENT PLANT PARCEL NO. 00298280001 (PARCEL A) SR-951 RIGHT-OF-WAY N31°30'28"E 70.02' N89°13'02"E 5282.54'S00°30'14"E 2669.36'S88°59'59"W 5216.51'N00°29'22"W 2692.33'S86°30'29"W 66.94' WHITE LAKE CORPORATE PARK (PB 31, PG 26-28) NE CORNER OF LOT 18, WHITE PLAINS CORPORATE PARK, PHASE THREE E 1/4 CORNER OF SECTION 35 S00°29'25"E 2692.58'S00°31'11"E 2671.91'NE CORNER OF SECTION 35 (PARCEL C) WHITE LAKE CORPORATE PARK, PHASE THREE (PB 34, PG 45-46) 27 26 34 35 34 35 26 25 35 36 3536 1.(PARCEL D) OR 3985 PG 3420 AND CORRECTIVE DEED OR 5210 PG 3609 EXHIBIT D-54365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496850 NWN, LLC &GG II, LLC159 SOUTH MAIN STREET.SUITE 500AKRON, OHIO 44309(330) 998-0225CITYGATE 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:CITYGATE SURVEYCLARIFICATION EXHIBITN LEGEND LESS THAN EXCEPT PARCEL A LESS THAN EXCEPT PARCEL C LESS THAN EXCEPT PARCELB THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST 100.00 FEET THEREOF FOR RIGHT OF WAY PURPOSES (PARCEL A) AND LESS THE FOLLOWING DESCRIBED LOTS: A LOT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (PARCEL B) COMMENCING AT THE QUARTER SECTION CORNER, COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. SAID QUARTER CORNER BEING MARKED WITH A 4”X4” CONCRETE MONUMENT HAVING A 3-INCH BRASS CAP ATTACHED TO THE TOP THEREOF, WITH A ¾ INCH IRON PIPE; THENCE A LONG THE SECTION LINE BETWEEN SAID SECTIONS 34 AND 35, NORTH 00°29'15” WEST, 1,382.43 FEET TO A POINT ON THE CENTERLINE OF THE 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 ALONG SAID CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 NORTH 89°31'01” EAST, 100.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID EAST CANAL RIGHT OF WAY LINE NORTH 00°29'15” WEST, 50.00 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF THE PROPOSED ACCESS ROAD RIGHT OF WAY TO THE WATER TREAMENT PLANT LOT; AND BEING THE TRUE POINT OF BEGINNING OF THE LOT TO BE HEREIN DESCRIBED; THENCE ALONG THE NORTH LINE OF SAID ACCESS ROAD RIGHT TO WAY NORTH 89°31'01” EAST, 456.51 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID NORTH RIGHT OF WAY WITH THE WEST BOUNDARY LINE OF THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID WEST BOUNDARY LINE NORTH 00°47'14” EAST, 994.98 FEET TO AN IRON ROD ON THE WESTERLY RIGHT OF WAY OF A STRIP OF LAND 170 FEET IN WIDTH FOR A FLORIDA, POWER & LIGHT COMPANY (FP&L) RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210, COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT OF WAY NORTH 31°30'28” EAST, 70.02 FEET TO AN IRON ROD; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 58°30'03” EAST, 761.56 FEET TO A 4”X4” CONCRETE MONUMENT; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14” WEST, 1,066.70 FEET TO A 4”X4” CONCRETE MONUMENT THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14” WEST, 332.74 FEET TO AN IRON ROD MARKING THE INTERSECTION OF SAID WESTERLY FP&L RIGHT OF WAY WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THE LOT BEING HEREIN DESCRIBED; THENCE ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 35, SOUTH 89°04'40” WEST, 690.82 FEET TO A 4”X4” CONCRETE MONUMENT; SAID POINT BEING THE SOUTHWEST CORNER OF THE LOT BEING HEREIN DESCRIBED; THENCE ALONG THE WEST BOUNDARY LINE OF SAID LOT NORTH 00°47'14” EAST, 653.80 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF THE WEST BOUNDARY OF THE WATER TREATMENT PLANT LOT WITH THE SOUTH RIGHT OF WAY OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT LOT; THENCE ALONG SAID SOUTH RIGHT OF WAY SOUTH 89°31'01” WEST, 454.28 FEET TO A 4”X4” CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID ACCESS ROAD SOUTH RIGHT OF WAY WITH THE EAST RIGHT OF WAY OF A CANAL; THENCE ALONG SAID CANAL EAST RIGHT OF WAY NORTH 00°29'15” WEST 100.00 FEET TO THE POINT OF BEGINNING. AND (PARCEL C) 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 A POINT NORTH 89°00'01” EAST 100.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH 00°29'15” WEST, 1,334.19 FEET, THENCE SOUTH 04°21'08” EAST, 296.92 FEET, THENCE SOUTH 02°46'25” EAST, 750.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE 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, THENCE SOUTH 89°00'01” WEST, 206.27 FEET TO THE POINT OF BEGINNING. TOGETHER WITH (PARCEL D) A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, CITY GATE COMMERCE CENTER, PHASE ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 41, PAGES 6 AND 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, RUN S00°28'30"E ALONG THE EAST LINE OF SAID SUBDIVISION A DISTANCE OF 163.01 FEET; THENCE S29°30'45"E A DISTANCE OF 52.47 FEET TO THE POINT OF BEGINNING; ALSO KNOWN AS EXCHANGE PARCEL "I" A PARCEL OF LAND BEING A PORTION OF THE 70.00 FOOT WIDE LANDFILL ROAD LYING IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER OF COMMON TO SECTIONS 34 AD 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE N00°29'15"W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN O THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 93 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89°31'01"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL S00°29'15"e A DISTANCE OF 50.00 FEET TO THE SOUTHWEST (SW) CORNER OF A PROPOSED 100.00 FOOT WIDE ACCESS ROAD, AND POINT OF BEGINNING. THENCE ALONG THE SOUTHERLY LINE OF SAID PROPOSED ACCESS ROAD N89°31'01"E A DISTANCE OF 70.16 FEET; THENCE S04°21'08"E A DISTANCE OF 293.15 FEET; THENCE S02°46'25"E A DISTANCE OF 751.56 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 266.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°01;29" A DISTANCE OF 190.46 FEET TO THE POINT TANGENCY; THENCE S43°47'54"E A DISTANCE OF 156.05 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 35; THENCE S89°00'01"W ALONG SAID SOUTH LINE A DISTANCE OF 95.40 FEET; THENCE N43°47'54"W A DISTANCE OF 91.23 FEET; TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 336.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°01'29" A DISTANCE OF 240.58 FEET TO THE POINT OF TANGENCY; THENCE N02°46'25"W A DISTANCE OF 750.60 FEET; THENCE N04°21'08"W A DISTANCE OF 296.92 FEET TO THE POINT OF BEGINNING. SAID HEREIN DESCRIBED PARCEL CONTAINING 2.226 ACRES MORE OR LESS. PARCEL CONTAINS 289.413 ACRES, MORE OR LESS. DESCRIPTION: PARCEL D (70' R.O.W. - EXCHANGE PARCEL "I") (PER STATUTORY DEED OR 3985 PG 3420) S00°29'22"E 2691.95'N00°29'15"W 1334.19'S04°21'08"E 296.92'S02°46'25"E 750.60'S43°47'54"E 94.86' S89°00'01"W 206.27' N89°31'01"E 456.51' S89°31'01"W 454.28'N00°47'14"E 994.98'N00°47'14"E 653.80'S89°04'40"W 690.82' S5 8 ° 3 0 ' 0 3 " E 7 6 1 . 5 6 'S00°47'14"W 1066.70'R=336.00' Δ=41°01'26" CB=S23°14'57"E C=235.47' L=240.58' N00°29'15"W 100.00' NW CORNER OF SECTION 35 W 1/4 CORNER OF SECTIONS 34 & 35 (PARCEL B) COLLIER COUNTY WATER TREATMENT PLANT PARCEL NO. 00298280001 (PARCEL A) SR-951 RIGHT-OF-WAY N31°30'28"E 70.02' N89°13'02"E 5282.54'S00°30'14"E 2669.36'S88°59'59"W 5216.51'N00°29'22"W 2692.33'S86°30'29"W 66.94' WHITE LAKE CORPORATE PARK (PB 31, PG 26-28) NE CORNER OF LOT 18, WHITE PLAINS CORPORATE PARK, PHASE THREE E 1/4 CORNER OF SECTION 35 S00°29'25"E 2692.58'S00°31'11"E 2671.91'NE CORNER OF SECTION 35 (PARCEL C) WHITE LAKE CORPORATE PARK, PHASE THREE (PB 34, PG 45-46) 27 26 34 35 34 35 26 25 35 36 3536 1. (PARCEL D) OR 3985 PG 3420 AND CORRECTIVE DEED OR 5210 PG 3609 2. TRACT T AKA PARCEL A OR 3965 PG 2871 3. EASTERN BOUNDARY CORRECTION EXHIBIT D-64365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496850 NWN, LLC &GG II, LLC159 SOUTH MAIN STREET.SUITE 500AKRON, OHIO 44309(330) 998-0225CITYGATE 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:CITYGATE SURVEYCLARIFICATION EXHIBITN LEGEND LESS THAN EXCEPT PARCEL A LESS THAN EXCEPT PARCEL C LESS THAN EXCEPT PARCELB 1. CITYGATE PARCEL D AKA EXCHANGE PARCEL "I" 2. PARCEL A AKA TRACT T 3. CITYGATE EASTERN BOUNDARY CORRECTION 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 296.92 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 454.28 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 5,282.54 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 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 12,699,846 SQUARE FEET OR 291.55 ACRES, MORE OR LESS. DESCRIPTION: S00°29'22"E 2691.95'N00°29'15"W 1334.19'S04°21'08"E 296.92'S02°46'25"E 750.60'S43°47'54"E 94.86' S89°00'01"W 206.27' N89°31'01"E 456.51' S89°31'01"W 454.28'N00°47'14"E 994.98'N00°47'14"E 653.80'S89°04'40"W 690.82' S5 8 ° 3 0 ' 0 3 " E 7 6 1 . 5 6 'S00°47'14"W 1066.70'R=336.00' Δ=41°01'26" CB=S23°14'57"E C=235.47' L=240.58' N00°29'15"W 100.00' NW CORNER OF SECTION 35 W 1/4 CORNER OF SECTIONS 34 & 35 (PARCEL B) COLLIER COUNTY WATER TREATMENT PLANT PARCEL NO. 00298280001 (PARCEL A) SR-951 RIGHT-OF-WAY N31°30'28"E 70.02' N89°13'02"E 5282.54'S00°30'14"E 2669.36'S88°59'59"W 5216.51'N00°29'22"W 2692.33'S86°30'29"W 66.94' WHITE LAKE CORPORATE PARK (PB 31, PG 26-28) NE CORNER OF LOT 18, WHITE PLAINS CORPORATE PARK, PHASE THREE E 1/4 CORNER OF SECTION 35 S00°29'25"E 2692.58'S00°31'11"E 2671.91'NE CORNER OF SECTION 35 (PARCEL C) WHITE LAKE CORPORATE PARK, PHASE THREE (PB 34, PG 45-46) 27 26 34 35 34 35 26 25 35 36 3536 2. TRACT T AKA PARCEL A OR 3965 PG 2871 EXHIBIT D-74365 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:CITYGATE SURVEYCLARIFICATION EXHIBITN LEGEND LESS AND EXCEPT PARCEL A LESS AND EXCEPT PARCEL C LESS AND EXCEPT PARCELB 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 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 12,699,846 SQUARE FEET OR 291.55 ACRES, MORE OR LESS. DESCRIPTION: 1. (PARCEL D) OR 3985 PG 3420 AND CORRECTIVE DEED OR 5210 PG 3609 2. TRACT T AKA PARCEL A OR 3965 PG 2871 3. EASTERN BOUNDARY CORRECTIONS00°29'22"E 2691.95'N00°29'15"W 1334.19'S04°21'08"E 296.92'S02°46'25"E 750.60'S43°47'54"E 94.86' S89°00'01"W 206.27' N89°31'01"E 456.51' S89°31'01"W 454.28'N00°47'14"E 994.98'N00°47'14"E 653.80'S89°04'40"W 690.82' S5 8 ° 3 0 ' 0 3 " E 7 6 1 . 5 6 'S00°47'14"W 1066.70'R=336.00' Δ=41°01'26" CB=S23°14'57"E C=235.47' L=240.58' N00°29'15"W 100.00' NW CORNER OF SECTION 35 W 1/4 CORNER OF SECTIONS 34 & 35 (PARCEL B) COLLIER COUNTY WATER TREATMENT PLANT PARCEL NO. 00298280001 (PARCEL A) SR-951 RIGHT-OF-WAY N31°30'28"E 70.02' N89°13'02"E 5282.54'S00°30'14"E 2669.36'S88°59'59"W 5216.51'N00°29'22"W 2692.33'S86°30'29"W 66.94' NE CORNER OF LOT 18, WHITE PLAINS CORPORATE PARK, PHASE THREE E 1/4 CORNER OF SECTION 35 NE CORNER OF SECTION 35 (PARCEL C) WHITE LAKE 27 26 34 35 34 35 26 25 35 36 3536 EXHIBIT D-84365 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:CITYGATE SURVEYCLARIFICATION EXHIBITN HAND DRAWING FROM 1988 LEGEND EX CHANG E PA RCE L (W HIT E LA KE BLV D RE LOCATION) CITY GATE V ICINITY - 2 002 AERIA L VS. 2015 AERIAL ´0 200 400100 Feet 2015 AERIAL2002 AERIAL EARTH TECH E NVIRONM ENTAL1415 Rail Head Blv d, S uite 8NAPLES, FL 34110www.etenviron.c om MEMORANDUM Date:February 20, 2006 To:Kevin Hendricks Transportation From:Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re:Statutory Deed Collier County and Citygate Development, LLC Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item #16C17 and #16E4), approved by the Board of County Commissioners on Tuesday, August 1, 2000 and September 26, 2000. A copy of the document has been retained in the Minutes and Records Department. If you should have any questions, please call me at 774-8411. Thank you, Enclosure PROJECT: SCRWTP Expansion part',.l ~'.. 1'1. ' ire Off," 01' ',.,.,' I, ",J Attorne, 13C1 F,,~t l-"";ll_.-M~ Trail Vrida 34112 41) i74-8400 STATUTORY DEED THIS DEED, made this 14 tlvday of 1== G:. R R u A(C:-(, 20~ by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Grantor"), to CITYGATE DEVELOPMENT, LLC., A Florida limited liability company (hereinafter referred to as "Grantee"). Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10,00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: See Exhibit "A" (attached hereto and made a part hereof) Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid, ATTEST: DWIGHTE. BROCK, Clerk 1.'.-' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA c:? ./ Chairman fJ( By: as- to "I(..~,Ii&'i\tys Clerk fl~,""i .OItl.1~" OFFICIAL 'SEAL)A~t\fO': &le~1 sufflclenc:, Assistant County Attorney Ellen T. C~el1 HI~~+ LEGEND 16E 4 ~SECTION 35, TOlINSHIP 49 SOUTH, I' + SECTION CORNER RANGE 26 EAST. , I @QUARTERSECTIONCORNER P.O.B. POIN T or BEGINNING I R.0.w. RIGHT-or-WAY BREAK POINT NOT TO SCALE COWER COUNTY, FLORIDA LOCATION ~ 27 26 N8 '~ _ _ Sog~8d,5'E N89"3!'Ql'E g-", 70.16 J 26 35 2 35 i~ 10 d on 0 ..... n a, l" 8 on CJ z EXCHANGE PARCEL ,- 2.226 ACRES WATER TREATMENT PARCEL R=336,00' 0=41'01'29" L=24D.5B' 3 S43'4754'E 156.05' 589'OO'Ql'W ' 95.40 N43'47'54'W 91.23' 35 SKETCH Of DESCRIPTION (THIS IS NOT A SURVEY) EXCHANGE EASEMENT "I" fOR: SCRWTP R~RSE OSMOSIS ~XPAtjSJQN SOSK PROJECT: 0051800 COLLIER COUNTY, FLORIDA CAD FILE: 0051800A.dwg SHEET:NOTED: AWl< Y: S.F.R.N. STAFf G. RAYMAN 07/25/2000 _ Xl!! If' 00518.0O Enalneers . SOtVeyors . Mapoersl-J 1(J,\tll(Jf' M)AD. 1I(ST I'1Ul1DCH. IUIIlDA 00 JIH ("'I~,l". rlU (JilI)Ul-'JN. _S'lIN/tC,tu1 l-~ i"J EXHIBIT ....L. Page :z. of 2. LEGAl DESCRIPTION - EXCHANGE P ARCfl. ",. 16E 4 A parcel of land being a portion the 70.00 loot wide landfill rood l)ing In Section 35, Township 49 South, Ronge 26 Eosl, Collier County, Florldo. Said parcel of land being more parllcularly described os follows: Cammenclng at the QUaner Comer common to Sections 34 and 35, Township 49 South, Range 26 East, Collier County, florida, run thence N00'29'15"W along th. West line of said Section 35 0 distance ,01 1382.43 feet to a point on the cenlerline of lhe proposed Access Rood No.1 os shown on the State 01 florida Department of Tron.portotion Right-ol-Way mop for Stote Rood 93 (1-75) sheet 8 of 10; thence along the centerline of the propo.ed Access Road No.1, N 89'31'01"E 0 di.tonce of 100.00 feet to a point on the Easterly Right-af-Woy line of a canol, soid point also being on the .centerline 01 the proposed access road to the Water Treatment Plant Parcel; thence along said. Eo.terly Right-aI-Way line of sold canol S00'29'15"E a d}.lance of 50.00 feet to the SoothwfIllI (SW) Corner of 0 proposed 100.00 fool wide access road, and POINT or BEGINNING. thence olong the Southerly Une of sold proposed access road N89'31'01"E a distance of 70.16 feet; thence 504'21'08"[ 0 distOllce of 293.15 feet; thence 502'46'25"[ a distance of 751.56 feet 10 the point of curYOture of 0 curve concOYll to lhe Northeast having 0 radius 01 266.00 feet; thence Southeasterly olong the arc of .old curve through 0 central angle of 41'01'29"0 di.tance of 190.46 feet to the point of tan'gency, thence S43'47'54"E 0 distOllce of 156.05 feet to a point on the South line of the Northwe.t Ouorter (NWl/4) of .oid Sectian 35; thence S89'DO'01"W along said south line a distance of 95.40 feel; thence N43"47'54"W a dlstonce of 91.23 feet; to the point of curvature of 0 curve concave to the Northea~1 having 0 rodiu. of 336,00 feet; thence Northwe~terly along the arc of said curve through o control angle of 41'01'29" 0 dl~lanc;,J 01240.5& feel to the point of longency. thence N02'46'25"W a dislonce of 750.60 feel; thence N04'21'OS"W 0 distance of 296,92 feel 10 the POINT Of BEGINNING, Said herein described parcel containing 2.226 acres more or les9. r SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EXCHANGE EASEMENT "," fOR: SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800 COLLIER COUNTY, FLORIDA CAD FILE: 0051800A,dwg J NOTED: Y: S.F.R.N, STAFF Y: G. RAYMAN 07/25/2000 F1ElO BOOK N" N.A. Enalneel1l. Surveyol1l . M8llIl8I'lI oT_\Cl(R[ItOJrO.WS",lUtllCAQ(,,~iJ,.ce 1't4{5Il~1l81""Id(>>'~IIXIO."~ d.__"___._".__...._.'"._..~ - '.'." SHEET: 108 H' oosaoo RESOLUTION NO. 2000- 1.!L 16C17 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF PROPERTY WHEREAS, in the interest of public safety and improved traffic circulation, Collier County has entered into a Property Exchange and Design I Construction Agreement with Richard K. Bennett. Trustee (hereinafter referred to as "Owner'), the terms of which require the relocation of White Lake Boulevard from its current location immediately adjacent to the off-ramp limited access right-of-way in the northeast quadrant of the Interstate 1-75 / Coltier Boulevard interchange. to a new location immediately adjacent to the Collier County South Regional Water Treatment Plant; and WHEREAS, the tenns and conditions of said Agreement (appended hereto as Attachment 1) stipulate that Collier County shall convey to Owner the existing White Lake Boulevard right-of-way, title to which is held by Collier County, and the payment of an mnoWlt not to exceed 5115.330. in exchange for the proposed (relocated) White Lake Boulevard right-or-way. along with other right-of- way and utility easements. across Owner's property; and WHEREAS, in accordance wilh Section 125.37, Florida Sratutes, this proposed exchange has been advertised once each week for two consecutive weeks in the Naples Daily News, a newspaper of gcncml circulation in Collier COWlty. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The WHEREAS clauses (above) are incorporated herein as iffully restated. 2.The Board of County Conunissioners of Collier County, Florida. hereby directs and aulhorizes its Chairman, on behalf of this Board, to execute a statutory deed conveying the existing White Lake Boulevanl right-of-way (more particularly descnned in Exhibit uR" to the Agreement) to Owner. 3. The conveyance to Collier County from Owner orthe proposed \Vhite Lake Boulevard right-of-way, and the other right-oC-way and utility easements described in the Agreement, shall be deemed accepted for the purposes of recordation in the public records of Collier County, Florida ADOPTED this 1.<<:. day of a. ,.'.CC favoring adoption. ' 2000 after motion, second and majori ty vole ATTEST: DWlGHT E. BROCK, Clerk BOARD OF CO SSIONERS OF COLLI COUNTY, FLORIDA By: cc~ ;<('# Deputy Clerk By: TI Attut IS to a..ll11111's slgolture 01111. Approved as to form and legal sufficiency: I O"yV\ Thomas C. Palmer, Assistant COWlty Attorney 16E 4 RESOLUTION NO. 2000- .llL A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO CORRECf A SCRIVENER'S ERROR IN RESOLUTION NO. 2000-243, WHICH AUTIIORIZED THE EXCHANGE OF PROI'ERTY, BY REPLACING THE REFERENCE TO EXHIBIT "II" WITH EXIIJBIT "I" WHEREAS, lhe Board of County Commissioners of Collier County, Florida, adopted Resolution No. 2000-243 on August 1,2000, upon presentation of Item 16 (C) (17) of the agenda. which authorized the exchange of property; and WHEREAS, Resolution No. 2000-243, directs and authorizes the Chairman in behalf of the Board of County Commissioners, to execute a Statutory Deed conveying the existing White Lake Boulevard right-of-way and refers parenlhelically 10 Exhibit "H" of the Propeny Exchange JIld Design/Construction Agreement as a more particular description of such right.of-way; and WHEREAS, the reference to Exhibit "H" has been found 10 be a scrivener's error insofar as Exhibit "I", more particularly describes the existing White Lake Boulevard right-of-way to be conveyed; and WHEREAS, this scrivener's error does not affect the validity of the Board's authorization 10 exchange the existing White Lake Boulevard right-of-way given by Resolution No. 2000-243; and WHEREAS, it is the Board's desire to clarify the record by correcting this error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMM1SSIONERS OF COLLIER COUNTY, FLORIDA, Ihal: Paragraph 2 ofRe~olulion No. 2000-243 is hereby amended to read as follows: 2. The Board of County Commissioners of Collier County, Florida, hereby directs and authorizes its Chairman, on behalf of this Board, to execute a statutory deed conveying the existing White Lake Boulevard right-of-way (more particularly described in Exhibit ~ ~ to the Agreement) to Owner. Nothing contained herein shall affect the operation of Resolution No. 2000-243, but rather Resolution No. 2000-243 shall remain in full force and effect as of the date of its adoption, August 1. 2000. ADOPTED this ~ day of SI p.1uJ b"l' .. 2000 after mOlion, second and majority vote favoring adoption. BY~ er~ A.tt..t as to Chal....n' s S.1gRlture on!" Ahved as 10 fonn and legal sufficiency: 4& u:cfJ,h~ Ellen T. Chadwe I ssJstant County Attorney ATTEST:. DWIGHT E. B~OCK, Clerk By: TI Word'~;;lNadditi""s.wordllllhll~,arcd.:lcliQn._ AliACHMEt--lT i 0.5 PAeiOS) PROPERTY EXCHANGE AND DESIGN I CONSTRUCTION AGR''bt 4 THIS PROPERTY EXCHANGE AND DESIGN I CONSTRUCTION AGREEMENT hereinafter referred to as the" Agreement.) is made and entered into by and between RICHARD K. BENNETT, TRUSTEE, (hereinafter referred to as "Owner"), whose mailing address is 865 Fifth Avenue South, Naples, Florida 34102-6605, and COLLIER COUNTY, a polilical subdivision of the Stale 01 Fforida, ils successors and assigns hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112, and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX.OFFICIO THE GOVERNING BOARD OF THE COlliER COUNTY WATER.SEWER DISTRICT (hereinafter referred to as -District"), whose mailing address is 3301 East TamiamlTrail, Naples, Florida 34112; WHEREAS, County is the record titie holder to the fee simple Interest In that certain real properly on which the Collier Counly South Water Treatment Plant Is located (see 'Attachment No.1'); and WHEREAS, District Is the operating entity of said Ireatment plant; and WHEREAS, Owner Is record tille holder to that certain real property known as the Citygale PUD" (see "Attachment No.2"); and WHEREAS, County Is the record titie holder 10 "Access Road No.1," as shown on Florida Oeparlmenl of Transportation Right-aI-Way Map, Section 03175-2409 (State Road No. 93, Interstale 1.75), recorded in Ihe official records 01 Collier County, Florida, in Road Plat Book 3, Pages 6, 8, 9 and 13; and WHEREAS, Dlstricl requires a perpetual, exclusive ulillty easement for the installation and maintenance 01 deep injection wells over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to BS "Easement A"), which is allached herelO and made a part 01 this Agreement; and WHEREAS, County requires a perpetual, non-exclusive easement for public road right-of-way, drainage and utillly facililles over, under, upon and across the lands described in Exhibit "B" (said easement hereinafter referred to as "Easement B"), which is attached hereto and made a pari of Ihis Agreement; and WHEREAS, District requires a perpetual, non-exclusive utility easement for the installation and maintenance of a raw wat81lransmission and power dislribulion system over, under. upon and across the lands described In Exhibit .C" (said eesement hereinafter referred to as "Easement C"), which Is attached hereto and made a part 01 this Agreemenl; and WHEREAS, District requires a perpetuel, non-exclusive utility easement for the installallon and maintenance 01 a public watar supply well over, under, upon and acrosa the lands described in Exhibit "0-1. (said easement herainafter referred to as Easement 0-1"), which is attached hereto and made a part 01 this Agreament: and WHEREAS, Dlslrict requires e temporary construcl/on easement lrom January 1, 2001 until January 1, 2004 to allow lor Ihe Installation and maintenance of a public water supply well over, under, upon and across tha tands described In Exhibit "()"1" said easement hereinafter referred 10 as "Easement 0-2"), which Is attached hereto and made a part of this Agreemenl; and WHEREAS, Dlstrlcl requires a perpetual, non-excluslve uUllty easement for Ihe Installation and maintenance of a public water supply well over, under, upon and across the lands described In Exhlbll "E-l" (said easement hereinafter referred to as Easement E-l"), which Is attachad herato and made a part of Ihls Agreement; and Property Exchange and Design / Construction Agreement 16f 4 Page 2 WHEREAS, District requires a temporary construction easement from January 1, 2001 until January 1, 2004 10 allow for Ihe inslallalion and maintenance of a pUblic water supply well over, under, upon and across the lands described in Exhibit "E-1" said easement hereinafter referred 10 as "Easement E-2'l, which is attached herelo and made a part of this Agreement; and WHEREAS, District requires a perpetual, non-exclusive utility easement for the installation and maintenance of a sewer force main, and other County utilities which may be deemed necessary in the future, over, under, upon and across the lands described in Exhibit "F" (said easement hereinafter referred to as "Easement F"), which is attached hereto and made a part of this Agreement; and WHEREAS, Dislrict requires a perpetual, non-exclusive utility easement lor the relocation (installation) and maintenance of a 20-inch diameter potable water main over, under, upon and across the lands described in Exhibit "G" (said easement hereinafter referred to as "Easement 8"), which is atlached hereto and made a part of this Agreement; and WHEREAS. County requires a perpetual, non-exclusive easement for public road right-of-way, drainage and ulilily facilities over, under, upon and across a portion of the Property owned by Owner and described on Attachment No.2. (said easement hereinafter referred to as "Easement H"). which is attached hereto and made a part of this Agreement; and WHEREAs, Owner desires to convey Easements 'A" through 'W (hereinafter referred 10 collectively as the "Property") to County or to District, as appropriate, for the stated purposes. on the terms and conditions sel forth herein; and WHEREAS, Easement 'H" will replace the necessity for the existence and maintenance of a portion of Access Road No. 1 (alkla 'White lake Boulevard") as depicted on Exhibit "I" which is allached hereto and made a part of this Agreement; and WHEREAS, it is in the best interest of the public for County to forthwith cause the reconstruction of White lake Boulevard within Easement -H" from the exisling water Irealment plant entrance, southward across the westerly tip of the White lake PUD property, to a point within the existing White lake Boulevard right-of-way (south and west of the While lake PUDl, and to exchange that portion of White lake Boulevard as depicted on Exhibil "I;" and WHEREAS, the relocation of White lake Boutevard will require the concurrent relocation of a 20-inch potable water main from its present location within the existing White lake Boulevard right-of-way to a new location within the relocated While lake Boulevard right-of-way (Easement "H"), which is attached hereto and made a part 01 this Agreement; and WHEREAS, the relocation of White lake Boulevard will require the declaration by County of a perpetual non-exdusive road right-ot-way, drainage and utility easement in favor of the general public across that portion of the South County Water Trealment Plant property described in Exhibil "J" (said easement hereinafter referred to as Easement J"), which is atlached hereto and made a part of this Agreement; and WHEREAS, the relocation of White lake Boulevard to wilhin Easement "H" is not a viable option without securing additional right-of-way from the While lake PUD 16E 4 Property Exchange and Design / Construction Agreement Page 3 property (said additional right-of-way described in Exhibit "K"), which is attached hereto and made a part of this Agreement; and . WHEREAS, County and Owner share equally from the benefits of a relocated White Boulevard; and WHEREAS, it Is in the best interests of the parties to cause District's existing 12- inch diameter sewer force main, which currently terminates on Ihe west side of County Road CR-951 between Davis Boulevard and Interstale 1-75, to be extended northward to a point opposite the entrance to the water treatment plant, where the force main diameter shall be reduced to B inches, thence eastward across County Road CR-951 to the northeast corner of Easement "H: thence southward to Ihe southwest corner of Easement 'B;" and NOW THEREFORE, it is hereby mulually acknowledged, and it is agreed by and between the parties as follows: 1.Owner shall convey the Property 10 County and to District, as appropriate, for the total sum of $110,530 payable by County Warranl (said transaction hereinafter referred to as the "Closing"). With the exception of the provisions concerning reimbursement 10 Owner for direct out-of-pocket costs which may be incurred by Owner to Iransfer Easements 0-1 and E-1 10 Dislrict, and with Ihe further exception of those costs to be reimbursed to Owner under the provisions of paragraphs 14, 15, 18, 19,24 and 25, said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulling to Owner's remaining lands, and. for all other purposes in connection with conveyance of said Property 10 County and/or District. 2. District shall reimburse Owner up to $4,800 for direct out-of-pocket costs Incurred by Owner to transfer Easements 0-1 and E-1 to District. Said payment shall be made in addition to the $110,530 referenced in paragraph 1, and shall be payable by County Warrant at Closing. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County and/or District on or before the date of Closing. 4. TIME IS OF THE ESSENCE. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within ninety (gO) days from the date County and District executes this Agreement; provided however, thai County and/or District shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which' either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's andlor District's enjoymenl of the Property. At Closing, County andlor District shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instruments to County andlor District in a form acceptable to County and/or District. 5. Owner is aware and understands that this Agreement is subject to acceptance and approvai by the Board of County Commissioners of Collier County, Florida. 16E 4 Property Exchange and Design I Construction Agreement Page 5 12. Owner shall design, permit and construct the extension of the 12-inch diameter sewer force main which currenUy terminates on the west side of County Road CR. 951 between Davis Boulevard and Interstate 1-75, northward within the existing County Road CR-951 ri9ht-of-way, to a point opposite the entrance to the water treatment plant, thence eastward across County Road CR-951 installing an a-Inch diameter sewer force main to the northeast corner of Easement "H," thence southward with the installation of said a-inch force main to the southwest comer of Easement "B." The sewer line pipes described are sized for the maximum flows anticipated by the County from future sewer connections Including an estimate for Citygate's sewer flow. Owner's design engineer will analyze and verity the total flows contributed by the future sewer connections in coordination with the County. Any sewer pipe downsizing necessary will have to be approved by the County. 13. District reserves design review authority and the right to approve the final plans for the extension of the sewer force main prior to commencement of construction. Design plans will be deemed to be approved by District If no response is provided 10 Owner within thirty (30) days of Owne~s submittal of design plans to District for approval. 14. Upon District's approval of the final design plans for the extension of the sewer force main, District shall reimburse Owner for design expenses, including permit lees, in an amount not to exceed $42,000. 15. Upon District's approval 01 the as-built construction plans and contractor's invoices or the sewer force main extension, District shall reimburse Owner for construction costs and construction engineering inspection expenses in an amount not to exceed $323,000. 16. Owner shall design, permit and construct Ihe 20-lnch and jO-inch potable water main which must be reiocated from the existing White Lake Boulevard right-of-way to the proposed segment of White lake Boulevard located within Easement "H." 17. District reserves design review authority and the right to approve the final plans for the extension of the relocated 20-inch and lO-inch potable water maill prior 10 commencement 01 construction. Design plans will be deemed to be approved by District if no response is provided to Owner within thirty (30) days of Owner's submillal 01 design plans 10 District for approval. 18. Upon District's approval of the flnal design plans for the extension of the relocated 20-inch and jO-inch potable waler main, District shall reimburse Owner for design expenses, including pennit fees, in an amount not to exceed $12,500. 19. Upon District's approval of the as-buill construction plans and contra(:\or's invoices lor the relocated 20-inch and lO-inch potable water main extension,-District shall reimburse Owner for construction costs and construction engineering inspection expenses in an amount not to exceed $95.000. 20. County shail acquire the right-of-way parcel (Exhibll OK") from the record tiUe holder 01 the White lake PUDproperty in order 10 ailow for the relocation of While Lake Boulevard from the existing plant access road, due south within Easement H" and across the westerly tip of the White Lake PUD. connecting the new roadway with the existing roadway located within existing County right-of-way south 01 the White lake PUD. 16E 4 Property Exchange and Design I Construction Agreement Page 6 21. County shall pay all costs associated with the acquisition at the land described in Exhibit "K; including the purchase price, title work, recording fees, and any related incidental expenses associated with said acquisition. Notwithstanding the provisions of Paragraph 4. if for whatever reason. County or Owner are not able to acquire the right-at-way described in Exhibit 'K", within forty-five (45) days from the. execution at this Agreement, said closing date described in Paragraph 4 of this Agreement shall be automalically extended for self-renewing thirty (30) day inte",als, until such lime as the right-of-way can be acquired by County. 22, Owner shall design, permit and construct the relocated segment at While lake Bouievard from the existing plant access road due soulh wilhin Easement "H" and across the westerly tip at the While Lake PUD connecting the new roadway with the existing roadway located wilhin existing County right-at-way, 23. County rese"'es design review authority and the right to approve the final plans for the relocation of While Lake 80ulevard prior to commencement at construction. Design plans will be deemed to be approved by County if no response is provided to Owner within thirty (30) days at Owner's submittal of design plans to County for approval. 24. Upon County's approval of the final design plans for the relocation at White Lake Boulevard, District shall reimburse Owner for design expenses, including permit fees, in an amount not to exceed $36,000. 25. Upon County's approval of Ihe as-built construction pians and contractor's invoices for the relocation at White lake Boulevard, Dislrict shall reimburse Owner for construction costs and construction engineering inspection expenses in an amount nol to exceed $295,OOO. 26. Upon the completion of construction at reiocated White Lake Boulevard, County shall exchange that portion of existing White Lake Boulevard located west of the Relocated White Lake Boulevard righi-at-way line. 27. Conveyance of the Property by Owner is contingent upon nO other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreemenl and understanding at the parties, and there are no other prior or conlemporaneous writlen or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 28. This Agreement is govemed and construed in accordance with the laws of the Slate at Florida. 1 . m' ~ iii i" 0 0 U' z 100.00' fOol EA.:i1 oj N NJ1'JO'2B"r 70.02' I ~B I I · No , I I J;, Il:~ it j 1. j'l j I 709 PO" Xc(f'~12 W l in in N 0 z r I~ i!. ::!i, :!:! w Fe" ~ NO 1.0. I- 8~ Iii ig 1~ b ~ O. III ~2 iJI~ Ic;)- B a ' 0 llJ (I-IS) 8IJ..!il.r l8 lIMa l![t NORDt n~ ~i_~:_Ve4 A. OIlERH(A.O POl'olR lUolES 16E 4 N rH( NORn! 'HAlr Of SECTIOH .l~ To~COU'Hl'. FlORn.... 11'!l:1II; THI' _"',. ,n. CUy) f' GUyl r'\fd CP' I O\/'UII1["'O r- PO'M:II LINE J J GUy.. ,4UY q" 10' : i qUY f'P oj cfp f"Y I J If!) @( LllLAT.OJ.-l OF D "I. I E.\.t ~-2 ^~R'OXI, 170.0S' l.c P"OP['UY D[SCR.,,1lON w b 0 COLLIERz COUNTY J WATER TREATMENT PLANT456.51' S'R S'R S 89'0<4'040" W 690.82' ___ ttL...l",-:.'T-- ,.~~~ 1-_ :flRj., ~ ~... ''-'~ ....... 4~...." ., i~~ B 1 a~I - 0I~~- Q. I ~~ I~S l-j~ o I ATTACH/V\.E!-JT ~ i" 16E 4 pnrccl of lomJ lJCTillJ n portion of the I~W I,..,. of Section l 3.5, 1'own:;hir /,9 Soutll, ntlnCfI 26 J~:J.ctr Collier County, FIorillO'l,ncinc lnore particul.:1rly uC:J;criucu 0:1 followtll . jJ Conmlcnclnc .1C thu I/JI Section corner. conunon to Scctiona J'IDOt! 35. "ownI.hip ~9 South, It.o:ncc 26 J~:alit. Collier County,Florid.:!. 5.1.10 1/4 curncr beine m:altcu wi~h a '. 11 X '. 11 con-crete IJlOnUmcnc h,,-vinr; a J-inch brass cap :1ttnched to tho top thereof, \.lith .tl Jil,-inch iran. pipe; tlience lIton!; theSectionlinabetweenliaidSectionsJ4and .J5, North 0.29'15"cst 1,J82.~J fcct to OJ. point on the centerline of the pro-posed Access ROiJd No. 1 os sho\..lT1 on the' St.:1te of florid"a' Dep~rtment of Transportation Ri~ht-of-Yay Hap for StoteRoodNo, 93 (I-7SJ sheet B of 10: theneo olong soid center~line of tho proposed ^cces. Road No, 1 North 89'Jl'Ol" East 100;00 feet to a point on the East Right-of-IJay1i"0 of a canal. said point also bein& on the centerlineoftheproposednccessroadtothawatertreatmentplontparcellthencealcng.~aid East cnnal Riche-oi-Way lineHorth0.29 '.15" Wes t 50 ~ 00 fee c to a 4'" x 4" CDncre temonuriHmtmarking .the IN corner of the -proposed .accessroadR1ght-of-W~y to the water treatment. plant parcel;and being the true POINT OF BEGINNING of the parcel tobehereindescribed; "thence "long the North line of said acce.. road Right-of-llay North B9'Jl'Ol" East 456,51feettoa411x4" concrete monument n:aarking the inter-section of said North Right-of-Hay uith the Host boundarylineofthevatertreatmentp12ntparceljthencealongsaidYostboundarylineNorth0'47'l4" East 994,96 feet to an iron rod on the Yesterly Right-of-lIay of . stripofland170feetinwidthforaFloridaPower & LightCompany (FnL) Right-of-lI.y as described in Offici.lRecordsBook681, Pase 1210, Collier County Records; thente along said Hes terly Fl'&l. Righe-of-lIay North31-30' 28" fas t 70.02 feet: t:o an iron rod: thence. continutng along said h'esterly FP&L Riftht-of-l1ay South58.30'0)11 East 761..56 feet: to a 4" x 4 concrete monument;thence continuing along sai)1 Westerly FP&L ~.i~ht-of-l~aySouth0.47'14" Yest 1.066.70 feet to A 4'1 X 4 concretemonument: thence continuing along ~a1d Ucsterly FP&LRight-of-Yay South O'47'l4" Wese JJ2.74 feet to on ironrodmarkingtheintersectionofuidUesterlyFPE.l.Right-of-Yay u1ch the South line of the !lorch 1/2 oftheSputh1/2 of the Iiorthwesc 1/4 of Section -.;.. T01-1T1-'ship .9 South, Ronge 26 East, Collier county~ :iorida;said point also beine tho Southeast ~orner of the parcelbeinshcralndescribed; thence nlong said South ,line oftheNorchl/2 of che South l/2 of the !lorchwest l/4 of.Sect;lon 35, South 89-04140" Wellc' 690...82 feet to a .'.4" X 411 concrete monumenti said poinc beine; the Southwestcorneroftheporcolbeinchereindescribed; thence alongthe: West boundary lin~ of snld parcel North 0.47'14"East 653..80 feet to tl 4" X 411 concreto monument markingthointersectionofthe: t-las t boundary of the Wllter treat-ent plDnt porcel wi~h the South Richt-of-lIoy of the 'proposed ~CCe5:1 ronrl to the \later treatment: plane po.n:cl:then~c- along said South Richt-of-Uny South 89-Jl'Ol" \oIcstS4.2a leee [0 a 4" x 411 concreto mOnument morkinc theintersect!.on of said access rond South Richt-of-I-l..1Y11ththeEOJ5tRicht-of-\J'ay of Q cnnal i thence alone snid c.3n41EastK!r,hc"ol'-l-I:IY North 0-29'1.511 \-lest 100.00 feoE: to thopounOfDf';I~NltIG. containing 26.61. ocrCD. mora or le:ls.r r A 1',Ac-HME"....:lT"2 ~#' PROPERTy DESCRIPTION l~E 4THENORTH +tAtf OF SECTION 35, lO'MolSHJP 49 SOUTli, RANCE 26 EAST, COWERCOUNTY, fLORIDA, LESS THE WEST 100.00 fEET THEREOf fOR RJGHT-Of-WAYPURPOSESANDlESSTHErOl.LOWlNc OESCRIBEO PARCELS: PARCEL OF LAND BDNG A PORnON Of lHE NORTHWEST OUARTER or S[cnON 35.TO'M'>lSHIP 49 SOUTH, RANCE 26 [AST, COlLIER COUNTY. fLORIDA, BEING MOREPARTICUlARlYDESCRIBro. AS rouows; COMMENCING A T THE QUARTER SECTION CORNER. COUMON TO SECTIONS 34 ANO J5.TOWNSHIP 49 SOUTH. RANGE 26 EAST, COUJER COUNTY, flORIDA; SAID QUARTERCORNERBEINGMARKEDWITHA ... X ..oO CONCRETE MONUMENT HAVING A J INCHBRASSCAPATTACHEDTOTHETOPTHEREOF, WlH A THREE QUARTER INCH IRONPIPE; THENCE ALONG THE S[CnON LINE BE1~EN SAID SECTIONS J4 AND J5,NORTH 00'29'15'" WEST 1,382.43 F[ET TO A POJNT ON THE CENTERUN[ OF THEPROPOSEDACCESSROADNO.1 AS SMOVtN ON THE STAT[ or rLORIDA O[PARTt.lENTOfTRANSPORIAnONRIGHT-Of-WAY ,~AP FOR STATE ROAD NO.9) (1-751 SHEET 8OF10; 7HENCE ALONG SAID CENTERUNf or THE PROPOSED ACCESS ROAD NO.1NORTH89-)1'01- EAST 100.00 FEET TO A POINT ON THE EAST RIGHT-Dr-WAYUNEOfACANAL, SA/D POINT ALSO BEING ON THE CENTERLINE or THE PROPOSEDACCESSROADTOTHEWATER. TREA TUENT PlANT PARCEl.; THENCE ALONG SAID EASTCANALRIGHT-Of-WAY lINf NORTH 00'213'15. WEST 50.00 FEET TO A "," X ",.CONCRETE I.tONUUENT MARKING 1HE NORTHWEST CORNER Of THE PROPOSED ACCESSROADRIGHT-Or-wA.Y TO THE WATER TREATMENT PLANT PARC(I.; AND BEING THETRurPOINTOF' AFGINNING Of lHf PARCEL TO BE HEREIN DESCRIBED;THENCE A.LONG THE NORTH UN( OF SAID ACCeSS ROAD RIGHT-OF-WAY NORlH89'Jt"OIP EAST 456,5' fEET TO A -4~ X ",- CONCRE1r MONUMENT MARKING THEINTERSECTIONorSAIONOR1HRIGHT-OF-WAY WITH THE WEST BOUNDARY UHE OFTHEWATERTREATMENTPLANTPARCEl; THENCE ALONG SAID wtST BOUNDARY lIHENORTH00'-4]'14- EAST 994.90 FE(T TO AN IRON ROO ON THE ~STERLY RICHT-Of-WAY OF A STRIP Of LAND 170.00 fEn IN WIDTH FOR A FLORIDA POWER &LIGHT COtJPANY (F'P&L) RICHT-Of"-WAY AS O(SCRIBfD IN OfFICIAL RrCORO BOC>><681: PAGE 1210, COlliER COUNTY RECOROS: TliENCE ....LONG SAID WESTERLY fPI:LRIGHT-Of_WAY NORTH 3,'30.28" EAST 70.02 fEET TO AN IRON ROO; THENCECONTINUINGALONGSAIDWESTERLYfP&L RIGHT-OF-WAY SOUTH 58.30'03- EAST'761.56 fEEl TO A 4~ X 4~ CONCRETE UONUMENT; THENCE CONTINUING ALONe SAIDrESTERLvfP&l RIGHT-OF-WAY SOUTH 00.4]',." ~ST 1.066.70 fEn TO A ....4~ CONCRETE UONUMENT; THENCE CONnHUING ALONG SAID WESTERLY RIClH-Of'-WAY SOUTH 00.47'14- WEST 332.7'" fEET TO AN IRON ROO MARKING THEINTERSECTIONOfSAIDWESTERLYfP&l RIGHT-Of-WAY WJTH THE SOU-r'H LINE OfTHENORTHHALfOfTHESOUTHHALFOf" THE NORTHWEST QUARTER OF SECnDN 35,TOWNSHIP 49 SOUTH, RANGE 26 EAST. COlLIER COUNTY, FLORIDA; SAID POINTALSOBEINGTHESOUTI-lEAST CORNER Of THE P....RCEl BEING HEREIN DESCRIBED;THENCr ALONG SAID SOUTH LINE OF THE NORTH HAlf. Of THE SOUTH HAlf Of THENORTH'M:ST QUARTER or SECTION 35. SouTH e9"04' 40~ WEST 690.82 rEET TO AX4- CONCRETE MONUMENT: SAID POINT BEING THE SOUTHWEST CORNER Of THEPARCELBONGHEREINDESCRIBED: THENCE ALONG THE v.t"ST BOUNDARY LINE OfSAIDPARCElNORTH00.47'14. roAST 65J.80 FrET TO A. 4. X 4. CONCRETEMONUMENTMARKINGTHE 'NTfRSECTION or THE WEST BOUNDARY Of 1HE WATERTREATMENTPLANTPARCEL ~TH THE SOUTH RIGHT-Of-WAY Of THE PROPOSEDACCESSROADTOTHEWAT[R TREA NENT PLANT PARCEL; THENCE AlONG SAID SOUTHRIGHT-Qf"-WAV SOUTH 89-31.01" \\'[ST <454,28 FEET TO A 4" x ..- CONCRETEMONUMENTMARI<ING THE INT[RSECTlON or SAID ACC[SS ROA.D SOUTH RIGHT-OF-WAYWITHTHEEASTRICHT-OF"-WAY OF A CANAL; THENCE AlONG SAID CANAL EASTRIGHT-Qf"-WAY NORTH 00"29'1~" EAST 100.00 nET TO THf: POINT OFBfGINNING. AND A PORTION Of THE NORTH HAlf Of SEcnON 35. TO\YNSHIP 49 SOUTH, RANG[ 26EAST, BEING DESCRIBED AS fotlOWS: a.r.Glt:i ON THE SOUTH LINE OF THE NORTH HAlf Of SAI(l SECTION 35; A T APOINTNORTH89.00.01- EAST 100.00 fEn fROW THE SCUTHWEST CORNER orTHENORTHHAlforSAIDSECTIONJ5; THENCE RUN NORTH 0079"150; WESTI,JJ4.19 FEET; THENCE SOUTH 0471'08. EAST 296.92 f[ET: THENCE SOUTH02..6'25"' EA.ST 750,60 FEET TO THE BEGINNING or A CUR\IE CONCA\'[ TO THENORTHEASTERLYHAVINGARADIUSOf336,00 FEET; THENCE RUN SOUTHERLY ALONGSAIDCURV(' 2"'0.58 fEET, THROUGH A CENmAL ANGlE Of "'1"01'29. TO THEENDOfSAIDCUR\IE: THENCE SOUTH 43.0.5.... EAST 9'" 86 FEn TO THE SCURfLINEOFTrlENORTHHAlFOfSAIDSECTION35; ll-tENCE SOUTH 89. 00'0'.WEST 206.27 fEn TO THE POINT OF ArrJNNING. AND A PORTION or THE NORTH HAlF OF SEcnON 35" TOWNSHIP 49 SOUTH. RANGE 26EAST, SEING DESCRIBED ~s FOlLOWS: B.E.Ult:t ON THE SOUTH UHf" or Tl1E NORTH HAlf Of SAID SECTION 35. A.T APOINTNORIliS~"OO'Ol" EAST J06.21 fEEt FROM THC SOUTHWEST CORNER orTHENORTHHAlfOFSAIDsECnQNJ5; THENCE RUN NORTH "'3..7"5.... MST4.815 fEET TO THE BEGINNiNG or A CURVE CONCAVE TO THE NORTHEASTERLYHAVINGARADIUSorJ36.oo fEET; THENce RUN NORTH~ST["RL Y AlONG SAIDCURVE240.58 FEET THROUGH A CENTRAL ANGlL OF "'1'UI.29. TO lHE END orSAIDCURvE; THENCE NORTH 020046'25. M:ST 750.80 fEET; THENCE NORTH .O"''21'OB~ ~ST 296,92 FrET; THENCE NORlH 0079'15- WEST 85.00 r[["T:niENCE NORTH a9.3'"0I" EAST 604."2 (En: THENCE SOUTH 04"'21'08- EAST378.3-4 f[(1; THENCE soum 02'46.25. EAST 7'51.56 fEEl, TO THE BEGINNINGorACURVECONCAvETOTHENORTHEASTERLYHA\lJNG 4. RADIUS OF 266_00 f"ttT;THENCE RUN SOUTHEASl[RlY ALONG SAID CUR\f: 1510....6 fEET. THROUGH A CENTRALANGLEOF "'1'01'29" TO THE [NO or SAID CURVE; m[NCE SOUtH 4.3""'7.5"'-EAST 159.68 FEET TO THE SOUTH LINE or THE NORTH HALF OF SAID SECTION 35;TUENCE SOUTH S900'OI- WEST 95....0 FEET TO THE POJNT O~ RF'r.INN1NG ex+-\\e\\ A 2-=2) 16E 4 LEGAL DESCRIPTION - ADDITIONAL PURCHASE "A" A PARCEL OF LAND 40;00 FEET WIDE BEING A PORTION OF SECTION 35, TOWNSHIP49SOUTH, RANGE 26 EAST, COlliER COUNTY, FLORIDA. BEING MORE PARTICULARLYDESCRIBEDASFOLLOWS: COMMENCING A T THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP49SOUTH, RANGE 26 EAST, COlliER COUNTY, FLORIDA, RUN THENCE N00"29'15"WALONGTHEWESTLINEOFSAIDSECTION35ADISTANCEOF1382.43 FEET TO APOINTONTHECENTERLINEOFTHEPROPOSEDACCESSROADNO.1 AS SHOWN ONTHESTATEOfFLORIDADEPARTMENTOFTRANSPORTATIONRIGHT-Of-WAY MAP FORSTATEROAD93 (1-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THEPROPOSEDACCESSROADNO.1, N 89'.31'01"'E A DISTANCE OF 100.00 fEET TO APOINTONTHEEASTERLYRIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSOBEINGONTHECENTERLINEOFTHEPROPOSEDACCESSROADTOTHEWATERTREATMENTPLANTPARCEL; !HENCE ALONG SAID EASTERL Y RIGHT-OF-WAY LINEOfSAIDCANALSOO'29'15"E A DISTANCE OF 50.00 FEET 10 THE SOUTHWEST (NW)CORNER OF SAID OF THE PROPOSED ACCESS ROAD RIGHT-Of-WAY 10 THE WATERTREATMENTPLANTPARCEL; THENCE ALONG THE SOUTHERLY LINE OF SAID ACCESSROADRIGHT-OF-WAY N89'.31'Ol"E A DiSTANCE Of 454.28 FEET TO THEINTERSECTIONOFSAIDNORTHERLYLINEWITHTHEWESTERLYBOUNDARY LINE OF THEWATERTREAlMENTPLANTPARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINESOO'47'14"W A DISTANCE OF 65.3.80 FEET TO THE SOUTHWEST CORNER OF SAIDWATERTREATMENTPLANTPARCELANDPOINTOFBEGINNINGOFTHEHEREINDESCRIBEDPARCEl. THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUNSOO'47'14"W A DISTANCE OF 40.02 FEET; THENCE N89'04'40"E ALONG A LINE 40,00FEETSOUTHERLYOFANDPARALLELWITHTHESOUTHLINEOFSAIDWATERTREATMENTPLANTPARCELADISTANCEOF690.82 FEET; THENCE NOO'47'14"E ADISTANCEOF40.02 FEET 10 THE SOUTHEAST CORNER OF SAID WATER TREATMENTPLANTPARCEL; THENCE S89'04'40"W ALONG THE SOUTHERLY BOUNDARY LINE OfSAIDWATERTREATMENTPLANTPARCELADISTANCEOF690.82 FEET 10 THE POINTOFBEGINNING. - SAID HEREIN DESCRIBED PARCEL CONTAINING 0.634 ACRES MORE OR LESS. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "A"fOR; SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800COWERCOUNlY, flORIDA CAD FILE: 0051800.dwg T" i - . 1 AI. ; NOTED: ORA.... BY; S.F.R.N. STAFF CHECKED BY; G. RAYMAN 0.111:;, 07/20/2000 F1ElD BOOK "" N,A. SHEET; Engineers. SmrawvYt . MapD81llI. 8D.WIlr1I( ..a_;.(.~ IURO& IMI0.1....1151.'. ,.........~ JOB H' 00518,00FlORIDAR.I.-50 RlS26JJ Ex H \13 \ \" .. B " 2. Of" 2 16E 4 LEGAL DESCRIPTION - ACCESS EASEMENT "S" A PARCEL Of LAND 60.00 fEET WIDE SEING A PORTION OF SECTION 35, TOWNSHIP49SOUTH, RANGE 26 EAST, COLLIER COUNTY. fLORIDA. BEING MORE PARTICULARLYDESCRISEDASFOLLOWS: COMMENCING AT THE OUARTER CORNER COMMON TO .SECTIONS 34 AND 35, TOWNSHIP49SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"WALONGTHEWESTLINEOFSAIDSECTION35ADISTANCEOF1382.43 fEET TO APOINTONTHECENTERLINEOFTHEPROPOSEDACCESSROADNO. 1 AS SHOWN ONTHESTATEOFFLORIDADEPARTMENTOfTRANSPORTATIONRIGHT-Of-WAY MAP fORSTATEROAD93 (1-75) SHEET 8 Of 10; THENCE ALONG THE CENTERLINE OF THEPROPOSEDACCESSROADNO.1, N 89'31'01"E A DISTANCE Of 100.00 fEET TO APOINTONTHEEASTERLYRIGHT-Of-WAY LINE OF A CANAL, SAID POINT ALSOBEINGONTHECENTERLINEOfTHEPROPOSEDACCESSROADTOTHEWATERTREATMENTPLANTPARCEL; THENCE ALONG SAID EASTERLY RIGHT-Of-WAY LINEOfSAIDCANAL, SOO'29'15"E A DISTANCE OF 50.00 FEET TO THE SOUTHWEST (NW)CORNER Of SAID Of THE PROPOSED ACCESS ROAD RIGHT-Of-WAY TO THE WATERTREATMENTPLANTPARCEL; THENCE ALONG THE SOUTHERLY LINE OF SAID ACCESSROADRIGHT-OF-WAY N89'31'Ol"E A DISTANCE OF 454.28 FEET TO THEINTERSECTIONOFSAIDNORTHERLYLINEWITHTHEWESTERLYBOUNDARY LINE OF THEWATERTREATMENTPLANTPARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINESOO'47'14"W A DISTANCE Of 693.82 fEET TO THE POINT OF BEGINNING OF THEHEREINDESCRIBEDPARCEL THENCE RUN SOO'47'14"W A DISTANCE OF 60.02 FEET; THENCE N89'04'40"E ALONG ALINE100.00 fEET SOUTHERLY Of AND PARALLEL WITH THE SOUTH LINE OF SAIDWATERTREATMENTPLANTPARCELADISTANCEOf690.82 FEET; THENCE NOO'47'14"EADISTANCEOF60.02 fEET; THENCE S89'04'40"W ALONG A DISTANCE OF 690.82fEETTOTHEPOINTOfBEGINNING. SAID HEREIN DESCRIBED PARCEL CONTAINING 0,951 ACRES MORE OR LESS, SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "B"fOR, SCRWTP REVERSE OSMOSIS EXP~NSION SDSK PROJECT: 0051800COWERCOUNTY. flORIDA CAD FILE: 0051800.dwg ALL: f1D.ll IIOOK N" SHEET~: 2N.A. 2 NOTED: ORA"" BY, S.F.R.N. STAFF CH(CKEO BY: G. RAYMAN DATE: 07/20/2000 JOB Ii' flORIDA R.LS. 00518.00RLS26JJ EXH I B 1\ C C?- oF z) 16E 4LEGALDESCRIPTION - UTILITY EASEMENT .C. A PARCEL Of LAND 20.00 fEET WIDE BEING A PORTION OF SECTION 35, TOWNSHIP49SOUTH, RANGE 26 EAST, COlliER COUNTY, fLORIDA. BEING MORE PARTICULARLYDESCRIBEDASFOLLOWS: . COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS .34 AND .35, TOWNSHIP49SOUTH, RANGE 26 EAST, COLLIER COUNTY, fLORIDA, RUN THENCE NOO'29'15"WALONGTHEWESTLINEOFSAIDSECTION35ADISTANCEOF1.382.4.3 FEET TO APOINTONTHECENTERLINEOFTHEPROPOSEDACCESSROADNO.1 AS SHOWN ONTHESTATEOFFLORIDADEPARTMENTOFTRANSPORTATIONRIGHT-Of-WAY MAP FORSTATEROAD93 (1-75) SHEET 8 OF 10; THENCE ALONG ll-tE CENTERLINE OF THEPROPOSEDACCESSROADNO.1, N 89'31'ol"E A DISTANCE OF 100.00 FEET TO APOINTONTHEEASTERLYRIGHT-OF-WAY LINE Of A CANAl, SAID POINT ALSOBEINGONTHECENTERLINEOFTHEPROPOSEDACCESSROADTOTHEWATERTREATMENTPLANTPARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OFSAIDCANALNOO'29'15"W A DISTANCE Of 50.00 FEET TO THE NORTHWEST (NW)CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER .TREA TMEN T PLAN T PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESSROADRIGHT-OF-WAY N89'31'Ol"E A DISTANCE OF 456.51 fEET TO THE INTERSECTIONOFSAIDNORTHERLYLINEWITHTHEWESTERLYBOUNDARYLINEOFTHEWATERTREATMENTPLANTPARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINENOO'04'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A170FOOTWIDEFLORIDAPOWERANDLIGHT (FP&l) RIGHT-Of-WAY AS DESCRIBED INOFFICIALRECORDSBOOK681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONGSAIDWESTERLYFP&L RIGHT-OF-WAY LINE, N31'30'28"E A DISTANCE OF 70.02 FEET;THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT-Of-WAY LINE S58'.30'03"EADISTANCEOF116.00 FEET TO THE POINT Of BEGINNING OF THE HEREIN DESCRIBEDPARCEL. THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUNNOO'47'14"E A DISTANCE OF 271.36 fEET TO A POINT ON THE NORTH LINE OF THENORTHWESTQUARTER (NW 1/4) OF SAID SECTION 35; ll-tENCE N89'11'12"E ALONGSAIDNORTHLINEADISTANCEOF1920.65 TO THE NORTH QUARTER CORNER Of SAIDSECTION35; THENCE N8915'27"E ALONG THE NORTH LINE" Of THE NORTHEASTQUARTER (NE 1/4) Of SAID SECTION 35 A DISTANCE OF 2641.68 fEET TO ll-tENORTHEAST (NE) CORNER OF SAID SECTION 35;' THENCE ALONG THE EAST LINE OFSAIDSECTION35, SOO'55'50"W A DISTANCE 20.01 FEET; THENCE S89'15'2rW ALONGALINE20.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF THENORTHEASTQUARTER (NE 114) OF SAID SECTION 35' 'A DISTANCE OF 2641.08 FEET;THENCE S89'11'12"W ALONG A ItINE SOUTHERLY Of AND PARALLEL WITH THE NORTHLINEOfTHENORTHWESTQUARTER (NW 1/4)A DISTANCE Of 1901.19 FEET; THENCESOO'47'14"W A DISTANCE OF 26.3.79 FEET TO A POINT ON THE NORTHERLYBOUNDARYLINEOFSAIDWATERTREATMENTPLANTPARCEL; THENCE N58'.30'03.W ADISTANCEOf23.26 fEET .TO THE POINT OF BEGINNING, SKETCH FOR: AL: OF DESCRIPTION (THIS IS N6T A SURVEY) UTILITY EASEMENT .C" SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800COWERCOUNTY, flORIDA CAD FILE: 0051800.dwg fiELD BOOK,.. SHEET: N.A. 2 ~ 2 NOTED: AMI BY: S.F.R.N. STAFF CHECkEO BY: G. RA YMAN DA :. 07/20/2000 EngIneers. SUIVBVllIS. MappersI*" IQ,lCIlDlC ~ IDT"."1Eio.. nmoA JJIlBPHC3f1)1>>..II$1e,q ~_-u.a ."~1Df flORIDA R.L.5. RlS2633 JCI!lN" 005'aD0 Ex+\ 113., l T" D-I" (24'<' Z) LEGAL DESCRIPTION WElL SITE EASEMENT "0 1" 16 E 4 A PARCEL Of LAND BEING A PORTION Of SECTION .35, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY. flORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COlLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE Of SAID SECTION 35 A DISTANCE Of 1382.43 fEET TO A POINT ON THE CENTERLINE Of THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE Of fLORID A DEPARTMENT Of TRANSPORTATION RIGHT-Of-WAY MAP FOR STA TE ROAD 93 (1-75) SHEET 8 Of 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO, 1, N 89'31'01"E A DISTANCE Of 100.00 fEET TO A POINT ON THE EASTERLY RIGHT-Of-WAY LINE OF A CANAl. SAID POINT ALSO BEING ON THE CENTERLINE Of THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEl; THENCE ALONG SAID EASTERLY RIGHT-Of-WAY LINE Of SAID CANAL NOO'29'15"W A DISTANCE Of 50.00 FEET TO THE NORTHWEST (NW) CORNER OF SAIO PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREA TMENT PLANT PARCEL; TIiENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-Of-WAY N89'31'01"E A DISTANCE Of 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY liNE Of THE WATER TREA TMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'04'14"E A DISTANCE OF :994.98 fEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE fLORIDA POWER AND liGHT (rp&l) RIGHT-Or-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY fP&L RIGHT-Of-WAY LINE, N31"30'28"E A DISTANCE or 70.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY FP&l RIGHT-OF-WAY LINE, S58'.30'03"[ A DISTANCE OF 116.00 FEET; THENCE LEAVING THE BOUNDARY OF SAID WATER TREA TMENT PLANT PARCEL RUN NOO"47"14"E A DISTANCE OF 271..36 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW1/4) Of SAID SECTION 35; THENCE NB9"11'12.E ALONG SAID NORTH LINE A DISTANCE OF 1515.00 rEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG THE NORTH LINE Of THE NORTHWEST QUARTER (NWl/4) SAID SECTION .35, N89"11'12.E A DISTANCE 40.00 FEET; THENCE SOO'48'48.E AT RIGHT ANGLES TO THE NORTIi LINE OF THE . NORTHWEST QUARTER (NW1/4) Of SAID SECTION 35 A DISTANCE OF 40.00 FEET; THENCE S89"l1'12.W PARALLEL WITH SAID NORTH LINE A DISTANCE or 40.00 FEET; THENCE NOO'48'48"W A DISTANCE Of 40.00 FEET TO THE POINT OF BEGINNING. I j j 1 SKETCH l Of DESCRIP.TION (THIS IS NOT A SURVEY) EASEMENT SCRWTP REVERSE OSMOSIS EXPANSION COLUER COUNTY, flORIDA 0 1. FOR: SDSK PROJECT: 0051800 CAD fiLE: 0051800.dwg FJELD BOOK If" SH[[l, y;.N.A. 2 JOB N' 005l8.00 1 ( N01ED: M ORAWN BY, S.F.R.N. STAff i ,Di[ [0 BY, G. RAYMAN OA . 07/20/2000 Engineers. Surveyors . UaIlDMl nUt lIO.~ .. ,,",IIIAII aMM. ;u;urr;;c.;,- fIH {~)UlJ"'II5I.'M~IIi&D___.~ FUlRIDA R.Ls' RlS26JJ E"x r\ I BIT .. D - 2 u ' 2 a~ Z. ) LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMFNT "0 2" 16 E 4 A PARCEL OF LAND WIDE BEING A PORTION OF THE OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLliER COUNTY, flORIDA, RUN THENCE NDO'29'15"W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO, 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STA TE ROAD 93 (1- 75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. I, N 89'31'Ol"E A DISTANCE OF 100,00 FEET TO A POINT .ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-Of-WAY UNE OF SAID CANAL NOO'Z9'15"W A DISTANCE Of 50,00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER . TREA TMEN T PLAN T PARCEL; THENCE ALONG THE NORTHERLY UNE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'31'OI"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY UNE OF THE WATER TREA TMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'04'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POwER AND LIGHT (FP&L) RIGHT-Of-WAY AS DESCRIBED IN OfFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&l RIGHT-OF-WAY ~'NE, N31'30'28-E A DISTANCE OF 70,02 FEET; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT-Of-WAY LINE S58'30'03"[ A DISTANCE OF 116.00 fEET; THENCE lE~V1NG THE BOUNDARY Of SAID WATER TREA TMENT PLANT PARCEL RUN NOO'47'14"E A DISTANCE OF 271.36 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW ~) OF SAID SECTION 35; THENCE N89'11'lZ"E ALONG SAID NORTH LINE A DISTANCE OF 1555.00 FEET;. THENCE SOO'48'40"E A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE SOO'48'48"E AT RIGHT ANGLES TO SAID NORTH LINE A DISTANCE OF 60.00 FEET; THENCE S89i1'12"W PARAillL WITH THE NORTH LINE Of THE NORTHWEST QUARTER (NWl/4) OF SAID SECTION 35 A DISTANCE OF 100.00 FEET; THE:NCE NOO'48'48ftW A DISTANCE OF 100.00 FEET; THENCE N89i1'12"E PARALLEl WITH THE NORTH LINE OF SAID SECTION 13 A DISTANCE Of 60,00 FEET; THENCE SOO'48'48"E A DISTANCE OF 40.00 FEET; THENCE N89i1'12ftE A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. . SKETCH Of DESCRIPTION (THIS IS NOT A SURlttY) EASEMENT fOR, SCRWTP REVERSE OSMOSIS EXPANSION COLUER COUNTY, FLORIDA NOTED: OR....... BY, S.F.R.N, STAFF OiEClCID BY: G, RAYMAN 0.... 07/25/2000 Engineers . Stuveyllrs . Mapoers r2llIlQ.'oUl[M JlOIIQ. '"',,.. KADt. fUl'DA u.o, lIllf.'''f'''~._~cou 0 2" SDSK PROJECT: 0051800 CAD FILE: 0051800.d..,g AWl BOOK... SHEET~" 2N.A. 2 JOBN' FLORIl... R.L5. 005Il.00 RLS2633 LEGAL DESCRIPTION Ex' HIS 11-: "~- I" (2 0>'" 2.) WELL SITE EASEMENT "E 1" 16 E 4 A PARCEL OF LAND BEING A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST liNE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STA TE ROAD 93 (1-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. I, N 89'31'OI"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-Of-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NOO'29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREA TMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'31'Ol"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREA TMENT PLANT PARCEL: lliENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'04'14"E A DISTANCE OF 994.98 FEET TO A POINT ON lliE WESTERLY LINE Of A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&L) RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT-OF-WAY LINE, N31'30'28"E A DISTANCE OF 70.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT-OF-WAY LINE S58'30'03"E A DISTANCE OF 116.00 FEET; THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN NOO'47'14"E A DISTANCE OF 271.36 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NWI/4) OF SAID SECTION 35: THENCE N89'l1'12"E ALONG SAID NORTH LINE A DISTANCE OF 1920.65 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 35; lliENCE N89'15'27"E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 A DISTANCE 1109.35 FEET TO THE POlNT OF BEGINNING. THENCE CONTINUE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER Of SAID SECTION 35, N89'15'27"E A DISTANCE 40.00 FEET; THENCE SOO'44'33"E AT RIGHT ANGLES TO SAID NORTH LINE, A DISTANCE OF 40.00 FEET; THENCE S89'15'27"W PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 A DISTANCE OF 40.00 FEET; THENCE NOO'44'33"W A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. 1 1 1 I j i SKETCH 1 {fUN: q It OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT SCRWTP REVERSE OSMOSIS EXPANSIO~ COLUER COUNTY, FLORIDA E I" SDSK PROJECT: 0051 BOO CAD FILE: 0051800.dwg i i ',cALE, NOTED: i I ORA"'" BY, S.F.R.N. STAFF j I ':HeCKED BY, G. RAYMAN i \ OA '. 07/20/2000 FI[LD IJOOI( ". N.A. SHEn: Engineels. SlnlMlIlI . u..n.-w ariQ-~ ;u;;;rr,:;;- 1w(Wli)l>>-f1Il-rAl PII.lAI-........~ JOB If' 00518.00FlORlllAR.L.S. RLS2633 E.xttIS \'\ I' Co -Z"Z"",L LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT WE 2" 16 E 4 A PARCEL OF LAND BEING A PORTION OF THE Of SECTION .35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. BEING MORE P ARllCULARL Y DESCRIBED AS fOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'lS"W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 13B2.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 93 (1-75) SHEET B OF 10; THENCE ALONG THE CENTERLINE OF lHE PROPOSED ACCESS ROAD NO.1, N B9'31'01"E A DISTANCE OF 100,00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL. SAID. POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL N00'29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREA TMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY NB9'31'01"E A DISTANCE OF 456.51 fEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE Of THE WATER TREA TMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'04'14"E A DISTANCE OF 994.9B FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&:L) RIGHT-Of-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&:L RIGHT-OF-WAY LINE, N31'30'2B"E A DISTANCE Of 70.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY FP&:L RIGHT-Of-WAY LINE S5B'30'03"E A DISTANCE OF 116.00 FEET; THENCE LEAVING THE BOUNDARY OF SAID WATER TREA TMENT PLANT PARCEL RUN NOO'47'14"E A DISTANCE OF 271..36 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE NB9'11'12"E ALONG SAID NORTH LINE A DISTANCE Of 1920.65 FEET TO THE NORTH QUARTER CORNER Of SAID SECTION 35; THENCE NB915'27"W ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 A DISTANCE OF 1149.35 FEET; THENCE SOO'44'4.3"E A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE SOO'44'33"E AT.RIGHT ANGLES TO SAID NORTH LINE A DISTANCE OF 60.00 FEET; THENCE NB91S'27"E PARALLEL WITH THE NOR1t\ LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35 A DISTANCE OF 100.00 FEET; THENCE NOO'44'33"W A DISTANCE Of 100.00 FEET; THENCE NB91S'27"E PARALLEL WITH SAID NORTH LINE A DISTANCE OF 60.00 FEET; THENCE SOO"44'33"E A DISTANCE OF 40.00 FEET; THENCE NB91S'Z7"E A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. SKETCH OF DESCRIPTION (THIS IS NOT A SUR\>f:Y) EASEMENT "E 2" FOR: SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800 COWER COUNTY, FLORIDA CAD FILE: 0051800.dwg F1t1.D 8001( If' SHEET~: N,A. 2 NOTED: CR..... By, S.F.R.N. STAFf CHECKED BY: G. RAYMAN DATE:, 07/20/2000 EngIIlllelS. SUrveyors. MeDD8l\l 1IGMl, .npullAtM, ~ ~ 5M)llt-II".'A1l(5l1~.""~Clat JOB If' Fl.0AID" R.LS, 00518..00 6JJ F"EX'f.\/BI\oS'z) lEGAL DESCRIPTION - UTlLl1Y EASElJENT "F"leE 4- A parcel of IOnd 20.00 feet wide being 0 portion of Section 35, Township 49 South, Range 26East. Collier County, florido. Being more porticu/orly described os follows:Commencing at the Quarter Corner common to Sections 34 and 35, Township 49 South, Range26East, Collier County, florida, run thence N00'29'15"W oJong the West line of said Section 35 0distanceof1382.43 feet to 0 point on Ihe centerline of the proposed Access Rood No. 1 osshownontheStateofFloridaDeportmentofTransportationRight-of-Way mop for State Rood13 (1-75) sheet 8 of 10; thence along Ihe centerline of the proposed Access Rood No. I, N89'31'01-E 0 distance of 100.00 feet 10 0 poinl on the Easterly Righl-of- Way line of 0 conal,said point also being on the centerline of the proposed access rood 10 Ihe Woler TrealmentPlantParcel; thence along said Eoslerly Right-of-Way line of said conal S00"29'15-[ 0distanceof50.00 feel 10 the Southwest (NW) corner of said of Ihe proposed access roodRight-of-Way to the Woler Treatment Plant Parcel and POINT Of BEGINNING. Thence along theSoutherlyline01saidaccessroodRight-aI-way N89'3I'O'"E 0 distance 01 344.26 feet; lhenceS44"50'52"[ 0 distance of 27.98 feel; thence S89'31'01"W along 0 line 20.00 feet Southerly ofandparallelwilhtheSoutherlylineofsaidaccessrood0distanceof363.82 feel; thenceN00'29'IS-W along the Easlerly Right-of-Way line of 0 canol to 0 distance 01 20.00 teel to thePOINTOfBEGiNNING. I I ~ETC" I j FaR: OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT "F" SCRWTP REVERSE OSMOSIS EXPANSION SOSK PROJECT: 0051800COWERCOUNTY. FLORIDA CAD FILE: 0051BOOA.dwg FIELD BOOK "" SHEEI~ 2.'N.A, 2 NOTED: Dfi~"" BY: S.F.R.N. STAFF m~, C, R'''',," I DATE:" 07/20/2000 ElIllineera. SUIIIlIVllrs ~ MlIIIDeI'B1JInWDUl:.... 1I3f '-U-~ ~ u-PM (SIf-"'nOf "AI (........-....c.aII JOB If' fl.CflIDA R.LS. 00518.0033 Sfcnoo 35, ~. TOIlINSHIP 49 SOUlH, ~.., RANGE 26 ~ sr__ ;-tt CPW[R COUNTY. FUll/IDA LOCA1ION UAP U~ 27 26 34 .35 E"X/-HBI'I . G" LEGEND SECTION CORNER I QUARTER SECTION CORNER P.O.B. POIN r OF BEGINNING R.O.W. RIGHT-OF-WAY @6E 4 GRAPHIC SCALE o 100 150 200 SCALE: 1"=100' 26 35 26 35 25 36 ll.... WQlpIlON .. UIl/JY EAlDOT 'cr A. pcrc:ef of Imd20.00 INt ~ behg G portion 01 Seelkln J5. Township -49 South. Range26Cost. Colier County, Flaridc1. &iAg'men particulQ/1y described os follows:Ccmmenc"-1 of tIl. lbrt... ea.... <emmon to Sections J4 and 35. Township 49 Sculb,Rongt 26 [051. COllier County. f'Ioridu. run thence N89"OO'Ol''E along the South line 0( thetlorlh'H3t Q:ltrter' ("'M/4) of soid Section 35 0 di:sIOl1Ct' 01 3OJ.79 leel fo 0 point on theNortJ1eJtyIi'll! 0' 0 'mldRl Octal rood ond PQNT Cf" BEGINNING. Run thence ofoog saidnorttletfylint' N4J...r~.W 0 dj,'once 01 91.23 teet; 'lhence N46'2'06~[ (l dislonCe' of20.00 feet: lhence S4J'41St-[ aloog the centerline 01 said londf4J access food 0 distance109.75Itft: thenCe sag"OCt01"'Vt along lhe South line 01 Ihe North.sf quarter of saidSectionJ50distanceof27.26 feet POWT or BfCINNINC unuTY EASEMENT "G" N4612'WE20.00 ~ 34 .35 N89'OO'OlE 303.79' SKETCH FOR: I 00'''0 27.26~ I I I J5~ I OF DESCRIPTION (llilS IS NOT A SURVEY) EASEMENT SCRWTP REVER~E OSMOSIS EXPANSl~ COWER COUNTY. flORIDA SCA.lE:: NOTED: DRA~ y.S.F.R.N. STAFF CHECKEO BY;. C. RAYMAN OATE: 07/20/2000 T-1 _.:;... ... Ennlneers.. Surve)'Ol'8. UarioAnt i3I11........" .-sf I'ALlllIIIUaf. .-.--s.;;;-.lII0.J3..... ~ "''''''-C.aat c" SDSK PROJECT: 0051800 CAD FILE: 0051800B.dwg nELO BOOK .... N.A. SHEET: JOIl ... 00518,00 p.-- -. ..___.. n.. _.. E:AS~~J..)T U Ii ,. (-:z.. of 2..") 16E 4 LEGAL DESCRIPTION -ACCESS AND UTILITY EASEMENT "H" A parcel of land being 0 porlion of Section 35, Township 49 South, Range 26 East, CollierCounty, Florida. Being more particularly described os follows: Commencing 01 the Quarter Corner common to Sections 34 and 35, Township 49 South, Range26East, Collier County. Florida, run thence Noo'29'15"W oIong the West line of said Section 35 0distanceof1382,43 feet to 0 point on Ihe centerline of the proposed Access Road No.1 osshownonIheStoleofFloridaDepartmenlofTransporlalianRighl-of-Way mop for Slate Rood93 (1-75) sheel 8 of 10; thence along the centerli(le of the proposed Access Rood No, I, N89'31'01"E 0 distance of 100.00 feet to 0 poinl on the Easterly Right-af-W~y line of a canol.said ixoint also being 011 the cenler/ine of the proposed access rood 10 Ihe Waler TreatmenlPlantPorcel; thence along said Easterly Right-of-Way fine of said canol SOO"29'15"[ 0dislanceof50,00 leet to the Southwesl (NW) corner Of said of the proposed access roodRighl-of-Way to the Water Treatment Planl Porcel; thence along Ihe Southerly line of said access rood Right -of-way N89'31'01"[ 0 dislonce of 344.26 feel 10 Ihe POINT or BEGINNING ofIhehereindescribedparce/, Canlinue thence NB9'31'01"E 0 distance of 110.03 feet to 0 point 011 Ihe Westerly line of IIIeWalerTreatmentPlantParcelthenceSOO'47'14"W along said Westerly line 132B.03 feel; Ihence589'OO'OJ"W along the Soulh line of the Northwest CUarl... (NW 1/4) of said Sectian 35 adistanceof80,04 feel; thence NOO'47'14"[ along 0 line BO.OO feel Westerly of and porallel wilhIheWestlineofS<lid Water Trealmenl Plonl Parcel 0 distance of 129B,74 feet: thence N44'50'S2"W 0 dislance of 41.96 feel 10 the POINT Of BEGINNING. Said herein described parcel containing 2,449 acres more or less. NOTED: AWN Y'S.F.R.N. STAff Ctt[CKEO BY: G, RA YUAN OA " 07/20/2000 SKETCH OF OESCRIPnON (THIS IS NoT A SURVEY) ACCESS & UllL1TY EASEMENT "HOFa!: SCRWTP REVERSE OSMOSIS EXPANSION $OS/< PROJECT: 0051800COWERCOUNTY, flORIDA CAD FILE: 0051800A.dwg flElJ) IlOOI< N" 5H[ET~' 2'N.A. 2 A : JOB ", nORlDA R.Ls' 00518.00RlS263J l i EXtll'Bl\2-:2..I LEGAl. DESCRIPTION - EXCHANGE PARCEl. ","16E 4 A parcel of land being 0 portion the 70.00 foot wide landtJ/1 rood l)ing In Section 35, Township 49 South, Range 26 East, Collier County, florida. Said porcel of land being more particularly described os follows: Commencing at the Quarter Corner common to SecllOllll 34 and 35, Township 49 South, Range 26 East, Collier County, florIda, run thence NOO'29'15"W along the West llne of said Section 35 0 dislonce of 1382.43feetto0pointonthecenterlineoftheproposedAccessRoodNo. 1 os shown on the State of Florida Department of Transportation Right-of-Way map for State Rood 93 (1-75) sheet 8 of 10; Ihence along thecenterlineoftheproposedAccessRoodNo.1, N 89'31'01"E 0 distance of 100.00 feel to 0 point on theEasterlyRight-of-Way line of 0 canol, said point also being on the. centerline of the proposed access roodtotheWaterTreatmentPlantParcel; thence along sold Easterly Right-of-Way line of sold conal500'29'15"E 0 dIstance of 50.00 f..t to the Southwat (SW) corner of a proposed 100.00 fool wide accessroad, and POINT Of BEGINNING. thence ofong the Southerly line of sold proposed access rood N89'31'01"E adistanc. of 70,16 feet; thence 504'21'OS"E a dlstonce of 293.15 feet: thence S02'46'25"E a distance of751.56 feet to the paint of cur~ture of a curve COl1CO.... to the Northeast having 0 radius of 266.00 feet;thence Southeasterly along the arc of sold cur.... through a ceniral angle of 41'01'29" a distance of 190.46feettothepointoftangency; thence 543'47'54"[ 0 distance of 156.05 feet to a point 011 the South lineoftheNorthwestQuarter (NWl/4) of said 5ecll()ll 35; thence 589'00'01"11' oIOI1g said south line 0 distanceof95.40 feet: thence N43'47'54"W 0 distance of 91.23 feet; to the point of curvature of a curve concavetotheNortheasthOWlgaradiusof336.00 feel; thence Northwesterly along the arc of said curve throughocentralangleof41'01'29' 0 dlstancil 01240.5& feel to the point of tangency. thence NOX46'25"W adistanceof750.60 feet; thence N04'21'o8"W 0 distance of 296.92 feet to the POINT or BEGiNNING.Said herein described parcel containing 2.226 acres more or less. SKETCH OF DESCRIPTION (THIS is NOT A SURVEY) EXCHANGE EASE~ENT ",. OR: SCRWTP REVERSE OSMOSIS EXPANSION SDSI< PROJECT: 0051800 COlliER COUNTY. flORIDA CAD FILE: 0051800A,dwg flWl !lOOK NO SHEET: N,A. 2 ~ 2 005Il00 NOTED: S.F.R.N. STAFF Y: G, RAYMAN 07/25/2000 Enolneel'8 . SUMIVln . MlIlIDlInI d_\OlU[ IlO4. .....P.u.-.ricx~1JIOt- 5tI1JAS-1I1..'M (SIt..........--.c..ca. E"X+1IBI,h J - (lor':2) 16E 4 HM~Pra$arving and Bnh4ncJng Florldas Quality ofJiM since 1966 HOLE, UONTES .& ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS HMA PROJECT#1998147 2/16/00 REF. DWG. #B-2832 PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTI:fWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP49SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00029'15"W., ALONG THE WESTLINEOFTHENORTHWESTQUARTEROFSAIDSECTION35, FOR A DISTANCE OF 1382.43 FEET; THENCERUNN.89'31'01"E. FOR A DISTANCE OF 100.00 FEET TO A POINT 100.00 FEET EASTERLY OF, ASMEASUREDATRIGHTANGLESTO, THE WEST LINE OF THE NORTHWEST QUARTER OF SAlD SECTION 35;THENCE RUN N.00'2S'15W., PARALLel WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAIDSECTION35, FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LANDHEREINDESCRIBED; THENCE RUN N.89031 '01 "E. FOR A D;STANCE OF 456.51 FEET; THENCE RUNS.OO'47'14"W. FOR A DISTANCE OF 100.00 FEET; THENCE RUN S.89031'01"W. FOR A DISTANCE OF 454.11FEETTOAPOINTONTHEWESTERLYRIGHT-Of-WAY LINE Of ACCESS ROAD NO. I, THE SAME BEING APOINTONTHEEASTERLYLIMITEDACCESSRIGHT-OF-WAY LINE OF 1-75 (FLORIDA STATE ROAD NO. 93)AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FORSTATEROADNO. 93 (1'75), COLlIER COUNTY, SECTION 03175-2409, SHEET 8 OF 10; THENCE RUNN,04"21'08"W., ALONG SAID LIMITED ACCESS RIGHT-OF-WAY liNE, FOR A DISTANCE OF 2.66 FEET TO APOINT100.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THENORTHWESTQUARTEROFSAIDSECTION35; THENCE RUN N.OO"29'15"W., PARALLEL WITH THE WESTLINEOFTHENORTHWESTQUARTEROFSAIDSECTION35, FOR A DISTANCE OF 97.34 FEET TO THEPOINTOFBEGINNING; CONTAINING 1.045 ACRES, MORE OR LESS. . THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WEST LINE Of THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00029'15"W. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 B;-- 'U.~0 O. THOMAS J. GARRIS P.LS. # 3741 STATE OF flORIDA W;III111I".1..1V.ZG.toLDeI~'''"" 10550ABERNAnlYSTREET BON1TASPA1NGS. FL.ORI0A34135 . 941-e92~Q195 FAX 514'-982-2321 2827485 OR: 2860 PG: 0386 RBCORIlED in OllICIAL RlCORDS of COLLIIR COmt, 'L 07/16/2001 at 12:28PM DiIGH! B. BROCI, CLBRI COBS 50000.00 RlC 'BI 19.50 DOC-.70 350.00 llCI llCI I..........i1=S" llCI _ .. o .... llCI 0 n llCI acceptance. oCl PROJECT: SCRWTP Expansion Parcel K RETURN TO: THOMAS E. MALONEY ESQ. QUARLES & BRADY SUITE 300 4IOl TAMIAMI TRAIL N. US. flORIDA 34103 Retn: QUARLBS II BRADY 4501 TAlIAlI TR I '300 WAPLBS 'L 34103 3060 tti .. ...';..~ Re-record to provide for Board of County Commissioners' WARRANTY DEED THIS WARRANTY DEED made this \ 0-1""'- day of ):, \ '1 ' 2001, by CITYGATE COMMERICAl, INC., a Florida corporation, whose mailing address is 5692 Strand Court, Suite 1, Naples, Florida 34110 (hereinafter singularly called the Grantor), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post-office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter called the Grantee). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. ) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. CITYGA TE COMMERICAl, INC., a Florida corporationFirstWitness (Sig~ature)') C. L&t lilt. t. W f)(J. c)' Print Name) By: THI~ eOWlYANCE ACCIPTID BY THE OARD_OF COUNTY COMMISSIONERS. L U l.. ~ COUIn'Y, FLORIDA. URr.:,uANT TO AGENDA ATlC'~II2..1 01 mM NO. JIJ ~t). n 0 l..... l!!:l g .... r--.. rex: C l:' t- 0 c:r c: lt- n Ci1= :=c I: ..eI a r--.. C I:ll:l co "'" llCI_ t- o F~~ n l::: c: I:"" _ .. llCI n r--.. c: I 101= a= n c;> STATE OF COUNTY OF F,c Ie I.J) I'J COI.LI€/Q OR: 2860 PG: QJ87 . OR: 2931 PG: 2044 ~ The foregoing Warranty Deed was acknowledged before me this /0 ~ day of .j", L Y , 2001, by Robert Paul Hardy, President on behalf of CITYGATE COMMERICAL, INC., a Florida corporation, who is personally known to me or who has produced as identification. Affix notarial seal) 7IL(;4~ Assistant County Attorney Ellen T. Chadwell A-~,dc~ ignatur f Notary) r;E>o'j; y A. Sm I/"II Print Name of Notary) Commission # My Commission Expires: rt:-_ Trudy A. Smith iA~'j;~ MY COMMISSION # CC765291 EXPIRES August 10,2002 P.f..~!t-" BONDED THRU TROY FAIN INSURANC~ INC Memorandum FROM: Minutes & Records Management . M I Cindy Erb, Sr. Property Acquisition Specialist Gr a Property Acquisition & Construction Management TO: DATE:February 14, 2003 Re:SCRWTP Expansion Project - White Lake Boulevard Property Exchange and Design/Construction Agreement Please find attached one (1) original recorded Warranty Deed (Parcel K) for the above- referenced project. The Board of County Commissioners of Collier County, Florida approved the conveyance pursuant to Agenda Item 16 C (6), June 12, 2001. Please contact me if you have any questions or comments at 8917. Thank you. attachments as stated cc: Property Appraiser's Office w/attachment Inventory File w/attachment Office of the Property Acquisition & Construction Management INSTR 5191289 OR 5210 PG 3609 RECORDED 11/4/2015 9:33AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70$0.70 REC$27.00 PROJECT: SCRWTP Expansion CONS$10.00 CORRECTIVE STATUTORY DEED THIS CORRECTIVE DEED is executed this .3 iikday of Qc,ID Gtr 2015, in order to correct and amend to include the Grantor's waiver of the phosphate, metals, minerals and petroleum reservation by virtue of Sec. 270.11(1), F.S. for the Statutory Deed dated February 14, 2006 and recorded on February 21, 2006 in Official Records Book 3985, at Pages 3420 through 3422, of the Public Records of Collier County, Florida. The terms and conditions of the original deed shall continue in full force and effect and are hereby ratified in their entirety, except as corrected and amended herein. This Deed, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Grantor"), to CITYGATE DEVELOPMENT, LLC., a Florida limited liability company (hereinafter referred to as "Grantee"). Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida. See Exhibit "A" (attached hereto and made a part hereof) Subject to easements, restrictions, and reservations of record. Grantor make no reservation for, and waives any reservation for, phosphate, metals, minerals and/or petroleum by virtue of Sec. 270.11(1), F.S. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO FLO' r1A By: c k to Chairman's TIM NANCE, h irm nAttesta, . a a oatu- e only OFFICIAL SEAL) App oved as to form and legality OA Assistant County Attorney EXHI T_A Page_.... .......of_Z.— SECTION 35, L,16E 4LEGEND TOWNSHIP 49 SOM. 44 SECTION CORNERRANGE26EAST. j I QUARTER SECTION CORNER 7 P.O.B. POINT OF BEGINNING R.O.N. RIGHT-OF-WAY j BREAK POINT NOT TO SCALE IBS vi \ COLDER COUNTY, FLORIDA 4QOATlON A 3 nt 2 27 26 N8, fi1 fNE 26 34 S 5?00.* E 35 35 III W \N8931'41`E r- IS"' 70.16 p To N N qaz I icg m EXCHANGE PARCEL "I"I .-. r,3' r- u, 2.226 ACRES WATER TREATMENT PARCEL U r o Ra266.00' D=41'01'29` R=336.00' L=190.46'I D=41'01'29* L=240.58' S431754"E 156.053 '303.79 _ _ 1, S89'0O'Q1"W I 35 95.40 N43'4T54'W I 91.23' y SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EXCHANGE EASEMENT "I" FOR:5CRWTP REYER5E OSMOSIS EXPANSJON SDSK PROJECT: 0051800 COLLIER COUNTY, FLORIDA CAD FILE: 005180OA.dwg tr5ITE— NOTED: stn BOOK N SHEET:. 1 I3iFAV BY S.F.R.N. 57AFF 2 WWI BY: 0 G. RAYMAN ISU!I8 pp gls Sly 8A11: 07/25/20Q0 i sn .r.o+a.csr••w.ua n yam, R.YRIDA R.L1. 005'1,00 fusgim 1i.'i EXHIBIT._,,._ liege LEGAL DESCRIPTION — EXCHANGE PARCEL J 16E . 4 A parcel of land being a portion the 70.00 foot wide landfill road lying in Section 35, Township 49 South, Range 26 East, Collier County, Florida. Said parcel of lond being more particularly described as follows: Commencing at the Quarter Corner common to Sections 34 and 35, Township 49 South, Range 26 East, Collier County, Florida, run thence N00'29'15"W along the West fine of said Section 35 o distance of 1382.43feettoapointonthecenterlineoftheproposedAccessRoodNo. 1 as shown on the State of Florida Deportment of Transportation Right—of—Way map for State Rood 93 (I-75) sheet 8 of 10; thence along the centerline of the proposed Access Road No. 1, N 89'31'017 a distance of 100.00 feet to a point on•the Easterly Right—of—Way line of a canal, said point also being on the centerline of the proposed access road to the Water Treatment Plant Parcel; thence along said- Easterly Right—of—Way line of said canal S0019'157 a distance of 50.00 feet to the Southwest (SW) corner of a proposed 100.00 foot wide access road, and POINT OF BEGINNING. thence along the Southerly line of sold proposed access road N8931'01"E a distance of 70.16 feet; thence SO471.08"E o distance of 293.15 feet; thence S02'46'25"E a distance of 751.56 feet to the point of curvature of a curve concave to the Northeast having a radius of 266.00 feet; thence Southeasterly along the arc of sold curve through a central angle of 41'01'29" a distance of 190.46 feet to the point of tangency, thence 54347'54"E o distance of 156.05 feet to a point on the South line of the Northwest Quarter (NW1/4) of said Section 35; thence S89100'01"W along sold south line a distance of 95.40 feet; thence N43'47'54"W a distance of 91.23 feet; to the point of curvature of o curve concave to the Northeast having a radius of 336.00 feet; thence Northwesterly along the arc of said curve through a central angle of 41101'29" a dlstoncel of 240.58-feet to the point of tangency. thence N0746'25"W a distance of 750.60 feet; thence NOC21'08"W a distance of 296.92 feet to the POINT OF BEGINNING. Said herein described parcel containing 2.226 acres more or less. i,. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EXCHANGE EASEMENT "1` OR: a i fl' i I ; • I a S LL O • SDSK PROJECT: 0051800 COLLIER COUNTY, FLORIDA CAD FILE: 0051800A.dwg scup NOTED: FIELD BOOK rw—SHEET: 1 cA BY: N.A. S.F.R.N. STAFF 2 a+><cxc!?eY: G. RAYMAN roe R Engineers:Sveys•MpBATE: /0725/2000 NOV.tisr IVO( t e:r NOW-4w i R.I.S l 1 tfu-s2633 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 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 AERIAL 4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496850 NWN, LLC &GG II, LLC159 SOUTH MAIN STREET.SUITE 500AKRON, OHIO 44309(330) 998-0225CITY GATE COMMERCE CENTER4DESIGNED BY:DRAWN BY:CHECKED BY:PROJECT NO.:J.A.W.J.A.W.J.M.F.SHEET NO: OF SHEET TITLE:PROJECT:DATE:REV.DESCRIPTIONREVISIONSCLIENT:AERIAL EXHIBITN AERIAL LOCATION MAP DAVIDSON ENGINEERING, INC.4365 RADIO ROAD, SUITE 201NAPLES, FL 34104PHONE: 239-434-6060 CITY GATE COMMERCE PARK PUD (ORD. 88-93) LOCATION MAP LEGEND CITY GATE COMMERCE CENTER PUD MAJOR ROADWAYS 0 0.5MILE COLLIER LEE HENDRY DADE BROWARD PALM BEACH LEE MONROEMONROE HENDRY .SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2017)COLLIER BOULEVARD (C.R. 951)RADIO ROAD DAVIS BOULEVARDGOLDEN GATE PARKWAY BECK BOULEVARD VESTED RIGHTS DETERMINATION SETTLEMENT AGREEMENT CITY GATE DEVELOPER AGREEMENT (ORIGINAL & 1ST AMENDMENT) ZONING ORDINANCES & RESOLUTIONS l c"; 0""...:.,t,;;", A"U/ t..>. ~'CL}/12'!.Z9ZS\("!/ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY AMENDING SECTION 2.7 OF THE PUD DOCUMENT TO ALLOW STREETS TO BE PUBLIC; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 09 _ 69 WHEREAS, on December 13, 1988, the Board of County Commissioners adopted Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD"); and WHEREAS, Joseph R. Weber on behalf of 850 NWN, LLC and CG II, LLC (the "Petitioners") has petitioned the Board of County Commissioners to create the City Gate Community Development District; and WHEREAS, the Petitioners and the Board of County Commissioners desire to provide for the platted streets in the PUD to be open to the public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO SECTION 2.7 OF THE PUD DOCUMENT IN ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PUD. Section 2.7 of the PUD document is hereby amended as follows: 2.7. STREETS TO BE p~n/"^.TE OPEN TO THE PUBLIC. Except as otherwise agreed between County and owner or as determined by the Board of Supervisors of the Community Development District. A!!II platted streets within the project shall be common property of the project landowners and shall in all cases be open to travel by the public. SECTION TWO:CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. 1 Words strl;Jck throl;Jgh are deleted; words underlined are added. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this ~~ay of I~ U/Yl b<..r ,2009. ATTEST: '" DWIG~TJt.JjJtq9K, CLERK L BOARD OF COUNTY COMMISSIONERS COLLIER CI1NTY, FLORIDA} IjJ~ d~ DONNA FIALA, Chairman0.' t4'~ .'tt'IiM~puty Clerk on' 000 ,',C" t...~ .'1t~,\:</ d<'- By: Approved as to form and legal sufficiency: A-- Ltv Jeffrey A. Klatzkow @ County Attorney 09.0028/1 10/30/09(2) HFAC This ordin::mce filed with tne 5z:jretory of ~C Office ~~ dcyof_ ~,~ arid ockn;>i!b.~qement of that fjJ' r(,r.:e;\'f,d this day of 2 Words strl;Jck through are deleted; words underlined are added. I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-69 Which was adopted by the Board of County Commissioners on the 1st day of December, 2009, during Regular Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of December, 2009, DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to BoardOpi' County Commissionei:..s..... '.~/ rr,;-~ ~'.".~;'-'~.:., '. l ',t I, ., . " rr.' .. . ....fY' Po I'Cifi}}ti ,Clerk(;i<; i>I ' 1 28 29 30oJl-ro ~ 7,> ff REGf/VEU \ gj NOV 2010 ~ I o C1J 0 0" o} ,," I ..\llc;," cV' c.. AN ORDINANCE OF THE BOARD OF COUNTV,'} COMMISSIONERS OF COLLIER COUNTY, FLORIDA:-~;: AMENDING ORDINANCE NO. 88-93, THE CITY GATE;:2' COMMERCE PARK PLANNED UNIT DEVELOPMENT, BYg~. ~~ DELETING SECTION VII CONTAINING THE REDS;'.,:, cO COCKADED WOODPECKER MANAGEMENT PLAN;"" PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 10 - 42 l'. c. r-..:' c;;.) z: c:>11 J:)J rl1 i.:Js: WHEREAS, on December 13, 1988, the Board of County Commissioners adopted (I) Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD") and 2) Development Order 88-02 (the "Development Order"), which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, as a result of an appeal by the Florida Department of Community Affairs DCA), a Settlement Agreement between Collier County and DCA resulted in Development Order 90- 4, Resolution No. 90-431 dated August 28, 1990 (1990 DOA), which amended Section One: Conclusions 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, the provisions of the 1990 DOA are the currently effective provisions relating to Red Cockaded Woodpecker Management and mitigation; and WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG II, LLC, a Florida limited liability company, (collectively "Petitioner") owns the PUD property east of the FPL Easement; and WHEREAS, the Petitioner, after formal consultation with the United States Fish and Wildlife Service (USFWS), developed the City Gate Habitat Conservation Plan (City Gate HCP), which incorporates the latest Red-Cockaded Woodpecker CRCW") management methods; and WHEREAS, the City Gate HCP was approved by the USFWS on March 30, 2009 and issued a Federal Fish & Wildlife Permit (City Gate Federal Permit) to the Petitioner on July I, 2009; and Underlined text is added; Stnoel< throu!;h text is deleted. Ci'y Gate PUDA,PL20 10.845 Rev. 11/09/10 Page 1 of 5 WHEREAS, the City Gate Federal Permit incorporates the most current RCW mitigation strategies; and WHEREAS, the RCW Management Plan in the 1988 PUD varies from the RCW management plan and mitigation strategies required by the City Gate HCP and City Gate Federal Permit; and WHEREAS, Roger B. Rice, of Roger B. Rice, P.A., representing the Petitioner, petitioned the Board of County Commissioners of Collier County, Florida, to amend the PUD; and WHEREAS, Petitioner, simultaneously with Petitioner's petition to amend the PUD in the manner set forth herein, has petitioned to amend the 1990 DOA to conform the RCW Management Plan and mitigation strategies of the Development Order to the RCW management and mitigation requirements of the City Gate HCP and Federal Permit respectively; and WHEREAS, upon the approval of Petition Ntunber DOA-PL2010-843 and the adoption ofa resolution amending the 1990 DOA (the 2010 DOA), the operative RCW management and mitigations requirements for the City Gate DRIlPUD will be the requirements of the 2010 DOA; and WHEREAS, for clarity and administrative efficiency, both the County and Petitioner agree that: (I) the RCW management and mitigations requirements for the City Gate DRIlPUD will be the requirements of the City Gate HCP and Federal Permit respectively which shall be required by the 2010 DOA, and (2) that any actual or potential conflicts between the DR! and PUD with respect the RCW management and mitigation should be eliminated by deleting all provisions regarding RCW management and mitigation from the PUD, so that the requirements shall be only as set forth in the 2010 DOA; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on September 16,2010; and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the PUD to conform to the City Gate HCP and the City Gate Federal Permit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Underlined text is added; Struel, threugh text is deleted. City Gate PUDA-PL201O.845 Rev. 11109/10 Page 2 01'5 SECTION ONE:AMENDMENTS TO SECTION VII OF THE PUD DOCUMENT IN ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PUD. Ordinance 88-93 is hereby amended as follows: Section VII of the PUD document is hereby deleted in its entirety: RED COCKf.DED WOODPECKER IVL\NACEMENT PL\N Tile Red Cockaded 'NeeElpecker (RCW), Pieioees Borealis, is a proteeteEl species of piae forest dwelliag wilEllife. Duriag plaaaiag of tile Citygate project, several Rcd Cec!laded Wooepecker Best trees 'liere ideatified on tile site, and determiaatioa was maee that a Bamber of ReEl Cockaded Woodpeckers atilize some of the Best trees aHd femge oa the piae forestee portio as of the Citygate site, as well as oa adjoiaiag off site piae f-erested laaEls. !. Red Cockaded Woodpecker Maaagcmeat Plan was prepared, iaeorporated in, and approved as part of the Developmeat of Regional Impact applieatioa. Tile elemeats of the plaa have beea incorporated in the Citygate Master Developmcat Plaa aad this PUD doeameat. The eeatral featare of the Management Plan is an agreemeHt to deter deyelopmc:mt of a 72+ acre area 'lIhieh embraces the nest trees, a buffer of pine forest aroune the Best trees, aHd a eorridor of piae forest which connects the Best trees to each other aad to existing off site pine forested lands oa which the birds HOW forage, so leag as tHe birds cOlltiHue their eldstiag Ilestiag pattern. The 72+ acre illterim preserve area is iadieated oa the Master Developmellt Plaa, as are the Best tree loeatieas aad 400 foot diameter circles aroulld eaeh Best tree. .".fter planning of the Citygate project was initiated, a forest fire se'.'erely bUfIled a large portioa of the Citygate site, iaeluding apprmdmately half of the interim preserve area. Many of the piaes in the Burned area have died, and the Florida Forest Service advises that pille death will continue for seveml years. The IOllg term impaet of the forest fire Oil utilizatioll of the area by Red Ceekaded '.Voodpeckers cannot Be foreeast witH aecur-aey, but arJftlal mOllitorillg of the birds will provide the aeeded iaformation, The follo'.viag maaagemenUmonitoriag activities are an iHtegml part of the Red Coelcaded Weodpeelcer Management Plan and of this PUD docllmeHt: L Prior to issuance of construction approval fer the streets, draiaage faeilities, utilities, ete. in a project deyelopmelll/phase, a Red Ceclffided \lloodpec!lor survey utilizillg appr-oved methodology will Be conducted to illsure that the birds ha'.'e HOt established nest cavities ill tile plaaaed constructieH area. The survey shall oceur within 60 days of the start of cOllstructiea, and if it is determined that Red Cockaded Woodpeckerne31 c!l'iities Rave been established ia tile eoastructioa area, determillation shall be made by tHe ageHeies respollsible for Red Cockaded Woodpeclccr protectioa laws as to the aecessity of modifying the Red Coekaded Woodpecker M(lIlagemeHt PlaH. 2. .^u-.f!UaJ Red Cockaded 'Noodpecker SUf\'eys utiIiziHg appreved methedology will be undertakell until five years after final build out of the Citygate prejeet, with results of the annual surveys to be furnished to the Florida Game aHd Fresh Water Fish Commission, the Southwest Florida Underlined text is added; Struck threugh text is deleted. City Gate PUDA.PL2010.845 Rev. 11109/10 Page 30[5 Regisllal Plar.aiag Ceuacil, alld Cellier CllUllty ',',itllia 30 days of sUf'iey cSFIlflletien. 3. MelaleHea and other 6)wtie vegetatioa witllia the Red Cockades Woodpecker ll'eserv6 area and el5e'.\Rere oa tHe Citygate site will Be eradicates, thus sigllificantly eHhaneiag tile 'lluHity ef RCW forage area Oil site. 4. e)(eessi'ie UHdergro'Nth will be ceBtfllllee BY bumiag aREliorBY use ofmeelulIlieal e'luipmeat. 5. Pille trees having a DBH of g iaclles or more, leeated eatside the R-C\l/ preserve BlIt '.vitllin the required yard aad buffer areas ia tHe remaiader of tHe site, 'sill Be eoaservee to provide additioaal R-CW forage areas. 6. Lands V/ithia the RCW preserve area may be utilized for limited recreatiolllll pUfjlOGes SUCH as alkways, jogging trails, picaie faeilities, etc., so loag as disturballce to native 'iegetatiea is minimal and the recreatiollal activities avoid the RC'.V Ilest trees. 7. Ulldergroood utilities aRd sllifaee draiaage swales may cross the RC\V preserve area. 8. The preserve area will be posted witH siglls which illdicate that it is aH RC'.V preserve aHd tllat distarbaRee of the Birds is prohibited aHd llIllll'.vful. 9. Propesals to modify tile Citygate Red Cockaded Woodpecker MaaagemeHl Plaa may be suemitted at aH)' time. SHeh proposals shall Be supported by a currellt survey of oa site Red Cockaded \1/ oodpecker Besting aIld romgmg patterns, and such additieaal iaformatioll as is required to e'ialuate the propesed MaaagemeHl PlaIl medificatioll. The mtioaale for autHorizing lands to Be removed from the RCW preserve area ma)' illelue6 abandonmeat efthe Best trees by tHe birds ana/or a chaRge in tHe ehaFaeter llftHe pine rorest fomge area, resultiag ill a lllss of the habitat cllaracteristics re'luired by the RCW. Propesals to modify tHe Maaagemellt Plan shall Be sHbmitted to Cellier Comly as an ameaamellt to tHe Cit)'gate PUD, with copies to the Southwest FIsrida Regiollal Plar.nillg Ceuacil aad Flerida Game alld FreSH '.Vater Fish Commission, THe Southwest Flllrida RegioBal Planlliag Ceullcil aHdier the Fleriaa Game aRd Fr-esh Water fiSH Cllrnmissioa may pro'iide cemmeHts and reeommeHdations to Collier COllllty regarding the preposed ManagemeHt Plaa medification. The PlanHing'Zolling Director shall prepare a recommendatioa regardiag tHe proposed ManagemeHl PlaH modifieatioll; an ad'ieftised public Hearing shall Be held BY tile Board of CoUHty Commissiollem; aHd Hpsa a fiadillg of sHitability tile Board of Ceunty Commissiellers may, by a maj ority vote, autHorize tHe requested Management Plan medificatioll. The Florida Game and Fresh \Vater Fish Csmmissioa has reeommcllded to the Southwest Flerida Regieaal Plar.llillg Ceooeil that a regioaal plaH be de'ieloped v.hich will result ill the public acquisition ef geegrapllieally suitable wildlife habitat whieh is comparable ia amount and cllaracter to ,....ilalif-e habitat wHicl1. is lost to tile process of urbaRizatiea withia the regieR. Commissioa wilalife biologists ha'ie stated that appro)dmately 233 aeres of the 2g7 acrc Citygate site have the ellaraeteristics efRed Cockaded Woodpeeker habitat THe Commission wildlife biologists have stated their e)(pectatioa that, upoa developmeHl of tile Citygate site and surrolHldiag laRds, the Cldstiflg Red Cock-aded Woodpeck-erpepulatiell'Nill abandon the area, in spite of the establishmellt of the Citygate Red Coekaded Weedpeeker preserve area and associated Red Coclcaded W-eodpeck-er managemeHt commitmeHls. In tile eveHl aregiollal wildlife habitat aequisitioa plaa is adopted, the purpose of which is to mitigate Underlined text is added; Struel, threugh text is deleted. City Gate PUDA.PL2010.8.15 Rev. 11109/10 Page 4 01'5 vildlife habitat loss 10 urbaR developmellt in the regioa, the Citygate project sHall be subjeet to such impaet fees or other implementatioll measures as are lawfully eaaeted for the purpBse of implemefltiflg the regiollal plaR. SECTION TWO:CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND. DUL Y ADO~TED .bY. sur,er-majorit~ vote by the CommiSSIOners ofColher County, Flonda, thiS ~ day of J~CJv'(dl btr Board of County 2010. ATTEST: .' . DWIGHTE.'BRdck,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1.. I i ~ -V j",'J By: Attest .. .. 0& t9nature OIW'. By: FRED W. COYLE, Chairman Approved as to form and legal ufficiency: L A Clo H idi Ashton-Cicko Assistant County Attorney This ordinance filed with the Secretory of State's Office the J!e day of~, 20lD and acknowledgement of that filin\l received this ..2L day OftiO\l~~ By~ e CPll O-CPS-01034\ 19 Underlined text is added; Struek threu!;h text is deleted. City Gate P\JDA-PL2010-845 Rev. 11/09/10 Page 5 of 5 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk af Caurts in and far the Twentieth Judicial Circuit, Callier Caunty, Flarida, do. hereby certify that the faregaing is a true and carrect capy af: ORDINANCE 2010-42 Which was adapted by the Baard af Caunty Cammissianers an the 9th day af Navember, 2010, during Regular Sessian. WITNESS my hand and the afficial seal af the Baard af Caunty Cammissianers af Callier Caunty, Flarida, this 15th day af Navember, 2010. DWIGHT E. BROCK Clerk af Caurtsa,ndClerk Ex-afficia to'13aard cii. Caunty Cammi$si~riers 3~'\~'l~ By: Martha versaTi:J. Deputy Clerk 17C DEVELOPMENT ORDER 2000 - 0 2 RESOLUTION NO. :)000-151 A RESOLUTION AMENDING DEVELOPMENT ORDER 88- 02, AS AMENDED, OF THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE A, AMENDING THE PHASING SCHEDULE BY REFERENCE TO APPLICATION FOR DEVELOPMENT APPROVAL; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR COMMENCEMENT OF CONSTRUCTION AND TERMINA TION DATE FOR THE PROJECT, PERIOD OF TIME A1\iTI EXEMPT FROM DOWN ZONING; SECTION TWO, FINIDNGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSL Y ISSUED DEVELOPEMNT ORDER, TRANSMITT AL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 88-02, as amended, (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 an effective approval date of October 29, 1990, which is deemed to be the beginning date for the five-year period within which the Development Order indicates physical development of the project must commence; and WHEREAS, the ADA provided for five three-year phases for a total of 15 years for buildout with the first phase being three years from the date the appeal was dismissed which would be October 29, 1993, with the last phase being October 29, 2005; and WHEREAS, on February 21, 1995, the Board of County Commissioners approved Development Order 95-02, Resolution No. 95-143 which had the effect of extending all yearly target dates by five (5) years, less one day, and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and Words straek thrBllgh are deleted; words underlined are added. 1- 17C WHEREAS, the owners of the DRI property desire to extend the date by which significant physical development is to begin, the project buildout date and phasing schedule by an additional five (5) years less one day; and WHEREAS, William R. Vines, of Vines and Associates, representing Richard K. Bennett, Trustee, Nations Bank Land Trust No. 5360, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on May 23, 2000. WHEREAS, on ~ o~.~.,& , 2000, the Board of County Commissioners, at a public heating in accordance with Section 380.06, Florida Statutes, having considered application and notice of proposed changes to the Citygate Commerce Park Development Order 88-02, as amended, 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 report and recommendations of the Southwest Florida Regional Planning Council, 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, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. Section 9.c of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October 28, 1998 27, 2002, Phase II October 28, 299! 27, 2005, Phase III October 28, 299~. 27, 2007, Phase IV October r~r~ 27, 2012, shall beoe .~nc~-~ 27, 2010, Phase V October incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carried out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue.Words stpac',: tk~cughare deleted; words underlined are added.2- The Citygate project contains 209 acres of building sites, exclusive of streets, lakes, and other non building site areas. Until the wetland jurisdiction lines and the Red-Cockaded Woodpecker Management Plan have been refreshed, any necessary Master Plan and/or PUD modifications made, a complete new TIS prepared, and a new DOA approved, development, i.e., building permit issuance, shall be limited to 15% of the Project site acres, which is 31.35 site acres. The 31.35 acre maximum development area shall be located west of the FPL easement, except for the area east of the FPL easement in which there are no jurisdictional wetlands and in which no Red Cockaded Woodpecker nesting or foraging area has been established. Water management facilities to accommodate the initial development area may occur east of the FPL easement, as provided for in SECTION ONE: Paragraph 4.c. of Development Order 90-4. B. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within t-~q-6JA~ twelve (12) years from the date of final approval of the Development Order, development approval shall terminate, and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October 28, 20!2 27, 2014. C. Paragraph 4 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: Pursuant to Section 380.06 (15)( c ) 3, Florida Statutes (!997 1999), this project is exempt from down zoning or intensity or density reduction for a period of ~ fourteen (14) years from the date of adoption of the Development Order, subject to the conditions and limitations of that section of the Florida Statutes, provided that physical development commences within ~ twelve (12) years as provided in Section 3 hereof. 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. C. The application is in accordance with Section 380.06(19), Florida Statutes. The applicant submitted to the County a Notice of Change to previously approved DRI known as Exhibit B, and by reference made a part hereof. Words ~.,,~r ,~ .....~' are deleted; words underlined are added. 3- D. The applicant proposes the development of Citygate Commerce Park on 287.187 acres of land for a commercial development described in Development Order 88-02, as amended. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. 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. G. The proposed changes to the previously approved Development Order fall within the parameters for extensions ofbuildout pursuant to Subsection 380-06(19)( e)2., 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), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order amendment includes operations described in the Notice of Change to a previously approved DRI, Exhibit B, attached hereto and by references made a part hereof. B. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. C. 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. D. 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. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380.06(19) (e)2., Florida Statutes, and therefore a public hearing thereon is not required. SECTION FOUR: A. Except as amended hereby, Development Order 88-02 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. Words r, tracl~z tbzcugh are deleted; words underlined are added. 4- 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 majority vote. Done this ~t,~ay of % O~ , 2000. f Attest as to Chairman's signature' onl,y. ATTEST:". ~ DWIGHT E.7 BROCK, Clerk Approved as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLI~-~, TY, FL~)RIDA TIM~)~Y J. COi~rANTI~, CHAIRMAN Marjo~i}e M. Student Assistant County Attorney g/admin/DOA-88-02/RN/im Words 2,tp,:,~l,: tF~augh are deleted; words underlined are added. 5- 170 HOLE. MONTES 'AND ASSOC., INC. CONSULTING ENGINEERS-- LANO SURVEYORS HMA Fi[e No. 85.23 9/30185 Sheet 1 of 2 LEGAL DESCR1PT10N 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 described parcels: A parcel of land being ~-portion of the' No'rthwe's~-quar~er of Section 35, Township 49 South, Range 26 East, Coil ier County, Florida. Being more particularly described as fol lows: Corrrnencing at the quarter Section corner, co.,~on to Sections 3'4 and 35, Township 49 South, Range 26 East, Coil ier County, Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3-inch brass cap attached to the top thereof, with a 3/4-inch iron pipe; thence along the Section line between said Sections 34'and 35, North 00°29'15" West, 1,382.43 feet to a point on the centerline of the proposed Access Road No. 1 as shown on the State of Florida Depar_tment of Transpor_tation Right-of-Way Map for State Road No. 93 (I-75) Sheet 8 of I0; thence along said centerline of the proposed Access Road No. 1 North 89°31'01" East, 100.00 feet to a point on the East right-of-way line of a canal, said point also being on the centerline of the proposed access road to the water treatment plant parcel; thence along said East canal right~o'f~a~ "Jin~ North 00°29~15" West, 50.00 feet to a 4" x 4" concrete monument marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence along the North line of said access road right-of-way North 89°31'01" East, 456.51 feet to a Lt" 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 along said West boundary line North 00°47'14"--East,"994.98 feet to an iron rod on the Westerly right-of-way of a strip of land 170 feet in width for a Florida, Power & Light Company (FP&L) right-of-way. as described in Official Records Book 681, Page 1210, Collier County Records; thence along said Westerly. FP&L right-of-way North 31030'28" East, 70.02 feet to an iron rod; thence continuing along said Westerly FP&L right-of-way South 58°30~03" East, 761.56 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP&L right-of-way South 00°47'14"' West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing ai'ong said Westerly FP&L right-of-way South 00°47'14" West, 332.74 feet to an iron rod marking the intersection of said Westerly FP&L right-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Col lief County, Florida; said point also being the Southeast corner of the parcel being herein described; thence along said South line of the North half of the South half of the Northwest quarter of Section 35, South 89004'40" West, 690.82 feet to a 4" x 4" concrete monument; said 2 HMA File No. 85.23 9/30/86 Sheet 2 of 2 point being the Southwest corner of the parcel being herein described; thence along the'West boundary line of said parcel North 00°47'14" East, 653.80 feet to a 4" x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcel; thence along said South right-of-way South 89°31'01" West, 454.28 feet to a 4" x q" concrete monument marking the intersection of said access road South right-of-way with the East right-of-way of a canal;' thence-along said canal-East right-of-way North 00°29'1.5" West 100.00 feet 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, at a point North 89°00'01" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00°29'15'~ West, 1,334.19 feet, thence South 04021'08" East, 296."92-feet,-thence South 02046' 25" East;' 750.60 feet to-the .... beginning of a curve concave to the Northeasterly having a radius of 331~.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 41001'29" 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, thence South 89°00'01" West, 206.27 feet 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, at a point North 89°00'01" East, 306.27 feet from the Southwest corner of the North half of said Section 35, thence run North .. 43047'54" West, 94.86 feet to the beginning of a curve concave to ' the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 240.58 feet through a central angle of 41°01'29" to the end of said curve, thence North 02°46'25" West, 750.60 feet, thence North 04021'08" West, 296.92 feet, thence North 00°29'15" West, 85.00 feet, thence North 89°31'01." East, 64.42 feet, thence South 04021'08" East, 378.34 feet, thence South 02°46'25" East, 751.56 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 a central angle of 41001,29,, to the end of said curve, thence South 43°47~54" East, 159.68 feet to the South line of the North half of said Section 35, thence South 89°00~01" West, 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or less. HOLE. MONTES & ASS'OClATES, INC. STATE OF FLORIDA DEPARTMENT OF COMMIJNITY AFFAIRS DMSION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (Dill) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previ- ously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. representative of L.&~O~ '~o ~,~ developer) previously approved Development of Regional Impact in accordance with Subsection 1'4~'5, the undersigned owner/authorized hereby give notice of a proposed change to a 380.06(19), Florida Statutes. In support thereof, I submit the following information concermng the ~__ t ~ ~1~ ~ ~."['-~-- development, which original & current project names) information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copiesofthiscompletednotificationto C__~t...L., I~ ~ ~ 0 I~,~i.~ local government) to the,~oo'r~-W'~'r '~.~,. Regional Planning Council, and to the Bureau of Local Planning, Depamnent of Commumty Affairs. Date EXHIBIT B" NOPC FORM 3. 4. 5. o Applicant(name, address, phone). l~t?.~.a,,~l:~ ~, ~"~;~k.~'V"l", 'Y"~! Au~od~Agent (~e, ~. ~ ~~, ~. ~%to~ q~l'~i),7~one). ovide a complete description of~e p~sed ch~ge. ~clude ~y proud c~g~ to ~e plan of develop~nL p~mg, a~fio~ ~, co~ence~nt ~, b~d~m ~, development order con~fio~ ~d ~menm, or m &e ~pmenmfio~ con~ M ei~ &e ~velopment order or eApp~onforDevelop~ntA~v~. ~ ~~ c~ ~ Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional inforotation may be requested by the Department or any reviewing agency to clarify the natm'e of the change or the resulting impacts. i~//aN Complete the attached Substantial Deviation Deterraination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifi- cations 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 informa- tion 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? /-k'l"'l" ~--'~/~ Describe any lands purchased or optioned within I/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 1/2 mile on a project master site plan or other map. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any ofthe criteria listed in Paragraph 380.06(19)(b), Florida Statutes. i1~_...' ~.~0~//~ Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO }~ 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. NOPC FORM 170 11. 12. 13. Will the proposed change require an amendment to the local government comprehensive plan? NtO Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: 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. 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 qmify: Go eo fo All proposed specific changes to the nature, phasing, and build-out date of the develop- ment; to development order conditions and requirements; to commitments and representa- tions 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 smactures or to other improvements including locations, square footage, number of units: and other major characteristics or components of the propos. ed c_h~ge; An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of developme. nt; A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; ~: "U"~ ,~ ~-.--d-k-~ ~ A proposed amended development order termination date that reasonably reflects the time required to complete the development; 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, dapplicable; and 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 9J-2.025 (7), F.A.C. NOPC FORM SUBSTANTIAL DEVIATION DETERMINATION CHART 17C NOPC FORM NOPC FORM l?C NOPC FORM 6 NOPC FORM 7 J NOPC FORM 17C z 9 NOPC FORM NOPC FORM 1o 17C ATTACHMENT FOR THE CITYGATE N.O.P.C. o The sole change proposed is to extend the life of the D.O. by two years, less one day, together with appropriate adjustments to the phase dates and other time related requirements within the D.O. The Citygate D.O. was originally adopted 12-13-88 via D.O. 88-2. That D.O. was appealed by DCA. The appeal was resolved on 8-20-90 via adoption of D.O. 90-4.The tolling date was subsequently deemed to be 10-29-90. The D.O. mandated development initiation within five years from the tolling date. On 2-21-95, D.O. 95-2 was adopted, extending the mandatory development initiation date by five years less one day, to 10-28-00, together with corresponding extensions of the development phase dates and other time related requirements within the D.O. There has been no change in local government jurisdiction since adoption of the last D.O. 10. The following phase dates and buildout date changes are proposed: Phase I Phase II Phase III Phase IV Phase V PHASE END DATES 10-28-1998 10-28-2001 10-28-2004 10-27-2007 10-27-2010 10-27-2002 10-27-2005 10-27-2007 10-27-2010 10-27-2012 DEVELOPMENT ORDER TERMINATION DATE C_U_.BE~.~ PROPOSED 10-28-2012 10-27-2014 13.a.Section 9.c of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October~ ~, Phase II October-z~8--,z-3ee-l-27, 2005, Phase III October~ 27.2007, Phase IV October ~ 27. 2010 Phase V October ~ 27.2012, shall Words underlined are additions; Words ~ are deletions 170 be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carded out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. 13.c.Paragraph 3 of an untitled Section (Page 12) of Development Order 88- 2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within teft-(4~ ~eJY.¢_(.~ years from the date of final approval of the Development Order, development approval shall terminate, and this Development Order shall no longer be effective. For purposes of this requirement ~significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October~ 27.2014. 13.d. See 13.c. above. 13.e.Paragraph 4. of an untitled Section (Page 12) of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 4. Pursuant to Section 380.06 (15) (c) 3, Florida Statutes (~38-7 1999), this project is exempt from down zoning or intensity or density reduction for a period of seven--(-7-) fourteen (14) years from the date of adoption of the Development Order subject to the conditions and limitations of that Section of the Florida Statutes, provided that physical development commences within ¢we-(5) tw..eJy.e..~ years as provided in Section 3 hereof. Words ~ are additions; Words s~'t~-k-thf'ot~ are deletions. May 26, 2000 Mr. Steve Atkins, Planner State of Florida Department of Community Affairs Development of Regional Impact Section Bureau of Land and Water Management 2740 Centerview Drive Tallahassee, FL 32399 Re:Development Order 2000-02/Resolution 2000-151, Citygate Commerce Park Dear Mr. Arkins: Transmitted herewith is a certified copy of the above- referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, May 23, 2000. Very truly yours, DWIGHT E. BROCK, CLERK Karen Schoch, Deputy Clerk Enclosure 17C May 26, 2000 Mr. Daniel Trescott DRI Coordinator SWFRPC P.O. Box 3455 North Fort Myers, FL 33918-3455 Re: Resolution 2000-151/Development Order 2000-02 Dear Mr. Trescott: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, May 23, 2000. Very truly yours, DWIGHT E. BROCK, CLERK Karen Schoch, Deputy Clerk Enclosure 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 8 A 1 DEVELOPMENT ORDER 95- 2 RESOLUTION NUMBER 95-~ A RESOLUTION AMENDING DEVELOPMENT ORDER 88-02, AS AMENDED, OF THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT (DRI) , BY PROVIDING FOR: SECTION ONE A, AMENDING THE PHASING SCHEDULE BY REFERENCE TO APPLICATION FOR DEVELOPMENT APPROVAL; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR COMMENCEMENT OF CONSTRUCTION AND TERMINATION DATE FOR THE PROJECT, PERIOD OF TIME AND EXEMPT FROM DOWN ZONING; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 88-02, as amended, (the Development Order) on December 13, 1988, which approved a Development of Regional Impact (ORI) 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 an effective approval date of October 29, 1990, which is deemed to be the beginning date for the five-year period within which the Development Order indicates physical development of the project must commence; and WHEREAS, the ADA provided for five three-year phases for a total of 15 years for buildout with the first phase being three years from the date the appeal was dismissed which would be October 29, 1993, with the last phase being October 29, 2005; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "All to the Develop- ment Order; and WHEREAS, the owners of the DR! property desire to extend the date by which significant physical development is to begin, the project buildout date and phasing schedule by five (5) years less one day; and WHEREAS, William R. Vines, of Vines and Associates, representing Richard K. Bennett, Trustee, NationsBank Land Trust #5360, petitioned Words underlined are additions; Words struc]( tflre~~fl are deletions. 1- t"~.~,...,-' 8 A 1 the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on 1992-; andJanuat'v 19 WHEREAS, the Board of County commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and held a public hearing on the petition on Febcllaz::'Y 71 1995-; NOW,be it resal ved by the Board of CountyTHEREFORE, Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. section 9.c of Development Order 88-02, as amended, for the citygate Commerce Park is hereby amended to read as follows: c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase 1 ~ October 28. 1998, Phase II H9-=1- October 28. 2001, Phase III ~ October 28. 2004, Phase IV ~ October 28. 2007, Phase V October 28. 2010, shall be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional inpacts, are not carried out to the extent or in accordance with the timing scheduled specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. B. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Ci tygate Commerce Park is hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within f4..y.e -t5+ ten (10) years from the date of final approval of the Development Order, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on geeemeer 31, 2007, October 28. 2012. C. Paragraph 4 of an untitled section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: Words underlined are additions; Words atrucJr tRreU~R are deletions. 8 A 1 4. Pursuant to section 380.06(15) (c)3, Florida Statutes 1987), this project is exempt from down zoning or intensity or density reduction for a period of 5eYefl -tft twelve (12) years from the date of adoption of the Development Order, subject to the conditions and limitations of that section of the Florida statutes, provided that physical development commences within Hve f5t ten (10l years as provided in section 3 hereof. 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), Florida Statutes. C. The applicant submitted to the County a Notice of Change to Previously Approved DRI known as Exhibit B, and by reference made a part hereof. D. The applicant proposes the development of citygate Commerce Park on 287.187 acres of land for a commercial development described in Development Order 88-02, as amended. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. 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. G. The proposed changes to the previously approved Development Order fall within the parameters for extensions of build-out pursuant to Subsection 380.06(19) (e)2., 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), Florida Statutes.The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DRI, Exhibit B, attached hereto and by reference made a part hereof. B. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. c. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives Words underlined are additions; Words struslt t.RYeU~R are deletions. 3- d,..~.,~~_~"~_"_~.,,.~.-....__~~fl~.-.__.~~,,_.-.'.-'~_..._~..----~".._"'~--.,.-""".-.~_1'"_~.""""-..."."-,,..~~~ .. 8 A 1 of the adopted state Land Development Plan applicable to the area. o. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380,06(19) (e)2., Florida statutes, and therefore a public hearing thereon is not required. SECTION FOUR: A. Except as amended hereby, Development Order 88-02 shall remain in full force and effect, binding in accordance with its terms on all parities thereto. B.Copies of this Development Order 95-2 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. Commissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Mac' Ki-p.and upon roll call, the vote was: AYES: Commissioner Constantine, Commissioner Mac'Kie, Commissioner Norris, Commissioner Hancock, and Commissioner Matthews NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of F'phrll;:o.ry 1995--.1 J t . ,': 1:'1 IRMAN S BY: ATTEST: DWIGHT E. v, BROCK/ CLERK APP OVED AS TO FORM AND LEGAL SUFFICIENCY: ij, ...nt~STUDENT ASSISTANT COUNTY ATTORNEY DOA-94-5/13079 Words underlined are additions; Words stI"\ieJ[ tfll'OUf]fl are deletions. 4- 1- 8 A 1 HO~E. MONTES AND ASSOC.. INC. CONSULTING ENGINEERS - LAND SURVEYORS HMA F i I e No. 85. 23 9/30/86 Sheet 1 of 2 LEGAL DE5CRI PTION The North half of Section 35, Township 49 South, Range 26 East, Collier County, Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the following described parcels: A parcel of land being a portion of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Col I ier County, Florida. Being more particularly described as fol Jows: Commencing at the quarter Section corner, common to Sections 34 and 35. Township 49 South, Range 26 East, Col I ier County, Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3-inch brass cap attached to the top thereof, with a 3/LJ-inch iron pipe; thence along the Section line between said Sections 3LJ "and 35, North 00029'15" West, 1,382.43 feet to a point on the centerline of the proposed Access Road No. 1 as shown on the State of Florida Department of Transportation 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. North 89031101" East, 100.00 feet to a point on the East right-of-way I ine of a canal, said point also being on the centerline of the proposed access road to the water treatment plant parcel: thence along said East canal right-of-way line North 00029'15" West, 50.00 feet to a LJn X 411 concrete monument marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence along the North I ine of said access road right-Of-way North 89031'0111 East, LJ56.51 feet to a 411 x 4" concrete monument marking the intersection of said North right-of-way with the West boundary I ine of the water treatment plant parcel; thence along said West boundary line North 00047'1411 East, 99LJ.98 feet to an iron rod on the Westerly right-or-way of a strip of land 170 feet in width for a Florida, Power & Light Company (FP&L) right-of-way" as described in Official Records Book 681, Page 1210, Collier County Records; thence along said Westerly FP&L right-of-way North 31030'281' East, 70.02 feet to an Iron rod; thence continuing along said Westerly FP&L right-of-way South 58030L03" East, 761.56 feet to a 4" x qu concrete monument; thence conti'nuing along said Westerly FPtL right-of-way South 00047'14" West, 1,066.70 feet to a 4rt x 411 concrete monument: thence continuing al"ong said Westerly FP&L right-of-way South 00047'14- West, 332.74 feet to an iron rod marking the intersection of said Westerly F?&L right-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida: saId point also being the Southeast corner of the parcel being herein described; thence along said South line of the North half of the South half of the Northwest quarter of SectIon 35, South 89004'40" West, 690.82 feet to a 4" x 4" concrete monument; said 2 tXh1bit "A" e_".'''''_~"'"_~~'~'"^'_''_U''"___''_'__' II I 8 A 1 H...."" F i I e No. 85.23 9/30186 Sheet 2 of 2 point being the Southwest corner of the parcel being hereln described; thence along the .West boundary I ine of said parcel North OOo47'1~u East. 653.80 feet to a 411 x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcel; thence along said South right-of-way South 89031'01" West, 454.28 feet to a 4" x 4" concrete monument marking the intersection of said access road South right-of-way with the East right-of-way of a canal: thence along said canal East rlght-o(-way North 00029' 15" West 100.00 feet 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 I ine of the North hal f of said Section 35, at a point North 89000'01" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00029'15" West, 1,334.19 feet, thence South 04021'08!1 East, 296.92 feet, thence South 02046'25" East, 750.60 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 41001'29'1 to the end of said curve, thence South 43047'54- East, 94486 feet to the South line of the North half of said SectIon 35, thence South 89000'01" West. 206.27 feet 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, at a point North 89000'01" East. 306.27 feet from the Southwest corner of the North half of said Section 35. thence run North 43047'54" West, 94.86 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet. thence run Northwesterly along said curve 240458 feet through a central angle of 41001'29" to the end of said curve, thence North 02046'25" West. 750.60 feet. thence North 04021'08" West, 29L92 feet. thence North 00029'15" West. 85.00 feet. thence North 8g031'Olu East. 64.~2 feet. thence South 04021'08" East, 378.34 feet. thence South 02046125'1 East, 751.56 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 a central angle of 41001'29" to the end of said curve. thence South 43047' 54" East, 159.68 feet to the South I ine of the North half of said Section 35. thence South B9000101u West. 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres~ more or Jess. 3 HOLE. MONTES & ASSOCIATES. INC. fi~~~~:~~~~-~;'~"';JFf''';; ,r::':"~' 8 A 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4927 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES SHORT FORM AS MODIFIED BY SWFRPCI 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, WILLIAM R. VINES, the undersigned authorized representative of NationsBank Land Trust #5360, 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 CITYGATE 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 State Planning, Department of Community Affairs. I~.,c/Date 1 EXHIBIT "Bn d,._~," ....._~_~,,"'_,'''~~ ',.,-,,,. _ ''"4'~-..~--~,~~-~...,,,...-,~,-.~,"-.".,,..~.,,, """'," .... ,"'-_ _,"',___'__~W_"',..'"'" ..'"" 8 Al-" 2. Applicant: Richard K. Bennett, Trustee NationsBank Land Trust #5360 865 Fifth Avenue, South Naples. Florida 33940 813/262-0400 3. Authorized Agent: William R. Vines Vines & Associates, Inc. 800 Harbour Drive Naples, Florida 33940 813/262-4164 4. location: Collier County, Township 49S, Range 26E, Section 26 5. Provide a complete descrlpfjon of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-cut date, development order conditions and requirements, or to the representations containsd In sither the development order or the Application for Development Approval. Indicate such chang.s on the project mastsr sits plan, supplementing with other det817ed maps, 8S appropriate. Additiona/lnformation may be requested by the DSJ)8rtment or any reviewing agency to clarify the naturs of the changs or the resulting Impacts. The Citygate Commetce Patk Development Order was initially adopted as D.O. 88-2 on December 13, 1988. DCA appealed this Development Order. A Settlement Agreement between Collier County and DCA was ultimately reached. resulting in adoption of Development Order 90-4 on August 28, 1990. D.O. 90-4 contains adjustments to the language in D.O. 88-2, which adjustments are specified by the Settlement Agreement. The Final Ordet of Dismissal of the DCA appeal was issued October 29, 1990, which is deemed to be the beginning date for the five year periOd within which the Development Order indicates physical development of the project must commence, or development approval will terminate. It is proposed that the mandatory development commencement date be extended for five years to October 28, 2000. It is proposed that corresponding adjustments be made to the five three- year development phases which are set forth in D.O. 88-2, It is also proposed that the December 31, 2007 D.O. termination date set forth in D.O. 90-4 be extended by five years to December 30, 2012. No land is being added to or deleted from the approved Citygate Commerce Park project. No modification to the approved Citygate Commerce Park Master Development Plan is proposed. 2 I"~ .."'''",.-..'-..^..""., 8 A 1 6. Ust .U the dates and ,esolution numbers (or other spproprlat. Idsnt/fication numbers) of all modifications or amendments to the originally approved DRI development ordef that have been dopted by the Ioc.1 government. .nd provide. brie( description o( the previous ch.nges. Has there been. change in local government Jurisdiction (or any portion o( the development since the last approval or development order was Issued? "so, has the annexing local government adopted now DRI development order (or the project? Original D.O. approval: 0.0.88-2, Resolution 88-309, approval date 12/13/88. Amended Development Order following DCA appeal and subsequent Settlement Agreement: D.O. 90-4, Resolution 90-431, approval date 8/28/90. Final Order of Dismissal, DCA appeal: 10/29/90. There has been no change in local government jurisdiction for any portion of the project since the original D.O. was adopted. 7. Describe any lands purchased or optioned within 1/4 mile allh. original DR/site subsequent to the or/ginal approval Of issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non.project land uses within 1/2 ml7e on a prOj9Ct master sits pl.1n or other map. No additional lands have been purchased or optioned subsequent to the original D.O. approval. 8. Does the proposed Chang, result In a change to the bUl7d-out date or any phasing date of the p;oject? If so, indicate the proposed new buUd-out or phasing dates. Development Order 88-2 provides at Page 11, General Consideration c., that there are five development phases, terminating in 1994, 1997, 2000, 2003, and 2006. It is proposed that ech of these phase endings be extended by five years. 9. WiD the proposed change require an amendment to the local government comprehensive plan? If so, provide the fOllowing for incorporation into such an amBnded development order, as pursuant to Subsections 380.061151, F.S.. .nd 9J-2.025, Florid. Administrative Code: a. An updated master site plan or other map of the development portraying and distinguishingtheproposedChangestothepreviouslyapprovedDRI; b. Pursu.nt to Subsection 380.06119/1fJ. F.S., Include the precise language that is being proposed to be deleted or .dded as an amendment to the development order. This language should address and quanti(y an proposed specific changes to the nature, phasIng, and bUl7d-out d.te o( the development Including: revised development order conditions and requirements: changes oradditlons to commitments and representations in the Application or Development Approval; .dditions or deletions to the acreage attributable to each described proposed change of land use; Including open space, areas of preservation, and green belts: changes, additions or deletions to the type or amount of structures: other proposed improvements, Including locations, square footage, number 01 units; and other major characteristics or components of the proposed change: and 3 4-"--. 8 A 1 c. Includ8 an updat8d 18gal description of the property, If any project acreage is being, or has been, added to or deleted from the previously approved plan of development. The proposed change will not require an amendment to the Collier County Comprehensive Plan. 10. As applic8bl8, Includ8 a proposed amend8d d8velopment order d8adline for commencing physical development of the propoS8d changes. D.O. 90-4 provides that significant physical development must be initiated within five years from the date of final approval of the Development Order. The 5-year periOd is deemed to run from the October 29, 1990 date of the Final Order of Dismissal of the DCA appeal, to October 29, 1995. It is proposed that the Development Order deadline for commencing physical development be extended by five years to October 28, 2000. 11 . If the proposed Changes would necessitate alteration of the adopted development order termination datB, Include II proposed development order termination darB which reflects the time required to completB the development. Dsscrib. andjustify the propo$sd dBvs!opment order tsrmination date. D.O. 90-4 provides that the Development Order shall terminate on December 31, 2007. It is proposed that this termination date be extended byfiveyearstoDecember30, 2012. 12. Include II proposed amended development order date untl] which the/Deal government agrees that the changes to the DRI shaH not be subject to down-zoning, unit density ,eduction, or IntensItyreduction, If appllcabl8. 0.0.88-2 provides in Paragraph 4. on Page 12 that the project is exempt from down-zoning, or intensity or density reduction for a period of seven (7) yearsfromthedateofadoptionoftheDevelopmentOrder. It is proposed that this exemption be extended by five years, resulting in the project being exempt from down-zoning, or intensity or density reduction for a period of twelve (12) years from the date of adoption of the Development Order, which is deemed to be the October 29, 1990 date of the Final Order of Dismissal of the DCA appealoftheoriginallyadoptedDevelopmentOrder. 13. Include any proposed amended development order specifications for the annual report, includingthedateofsubmission, cdntents, and parties to whom the report is submitted as specified in Subsection 9J-2.02517j, F.A. C. No changes are proposed for any of these items. The sections of Development Orders 88-2 and 90-4 which are proposed to be 4 I"-""'"'-'''-'-''~'''''''>''''" 8 A 1 modified follow, with the proposed deletions indicated by stril<e through, and the proposed additions indicated by J!m9.iDm A. Section 9.c. on Page 11 of D.O. 88-2 shall be amended to read as follows: c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase 1-19~, Phase II 1 997 ~Q6, Phase 111-2000 20gB', Phase IV-2OW 2~, Phase V-20G6 2oillm, shall be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carried out to the extent or in accordance with the timing scheduled specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. B. Previously amended Section 3, Page 12 of D.O. 88-2 shall be further amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within ten (10) years from the date of final approval of the Development Order, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on December 31, ~ g~g;.r.6' 5 j HEX NO. 2015—41 HEARING EXAMINER DECISION PETITION NO. ZVL(CUD)-PL20150001787 — City Gate Development, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed uses of air conditioned, enclosed mini- and self-storage warehousing (SIC 4225) and non- air conditioned, outdoor accessible mini- and self-storage (SIC 4225) are comparable in nature to other permitted principal uses in the area described as "West of the Florida Power & Light Easement" under Section 3.2(A) of the City Gate Commerce Park PUD, Ordinance No. 88-93, as amended. The subject properties are located on the east side of Collier Blvd. (C.R. 951), just north of Interstate 75, in Section 35, Township 49 South, Range 26 East, Collier County,Florida, consisting of 27.08± acres. DATE OF HEARING:October 22, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land Development. 2. Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.06.J of the Land Development Code has been met and the petition is approved. ANALYSIS: No objections were received for this application and no members of the public were in attendance at this hearing. The Citygate Planned Unit Development (PUD) is a mixed commercial and industrial PUD that originated in 1988. The PUD is located within the Interstate Activity Center #9 overlay, at the northeast corner of 1-75 and Collier Boulevard. This overlay was specifically created to assist in maintaining the area as an"enhanced gateway" into the greater Naples area. The applicant is the original and current developer of the PUD. The applicant originally requested that this comparable analysis apply to storage facilities on three platted parcels. Upon the issuance of the zoning verification letter, the comparable use was expanded to include fourteen parcels for storage uses that included both air conditioned enclosed mini and self-storage warehousing and non-air conditioned outdoor accessible mini and self- storage warehousing. 15-CPS-01473/1217112/1]53 1 of3 At the hearing the applicant requested that the comparable use request be limited to the originally requested three lots and to air conditioned, enclosed mini and self storage warehousing. DECISION: The Hearing Examiner hereby approves Petition No. ZVL—PL20150001787, filed by Frederick E. Hood, AICP, of Davidson Engineering, Inc., representing City Gate Development, LLC, as revised at the hearing on October 22, 2015, requesting approval of a zoning verification letter determining that the proposed use of air conditioned, enclosed mini- and self-storage warehousing (SIC 4225) is comparable in nature to other permitted principal uses in the area described as "West of the Florida Power & Light Easement" under Section 3.2(A) of the City Gate Commerce Park PUD, Ordinance No. 88-93, as amended, on the property described herein, and affirms staff's determinations as stated in the Revised Superseding Zoning Verification Letter attached as Exhibit"A", subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Revised Zoning Verification Letter ZVL—PL20150001787 LEGAL DESCRIPTION: See Ordinance No. 88-93, as amended, the City Gate Commerce Park PUD. CONDITIONS: 1.All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. 15-CPS-01473/1217112/1]53 2 of 3 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 1b '2, 1- 201 'c At‘' Date Mar Strain, Hearing Examiner Ap ved as to f and legality: Scott A. Stone Assistant County Attorney 15-CPS-01473/1217112/1]53 3 of 3 1 Cotfie-r Comfy Growth Management Department— Planning & Regulation Zoning Services Division October 23, 2015 Fred Hood,AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Re: Zoning Verification Letter ZVL (CUD)-PL20150001787; City Gate Commerce Park Planned Unit Development(PUD), Collier County,Florida,Folio Numbers 26095000264, 26095000280,26095000303 This letter supersedes the original ZVL (CUD)-PL20150001787 dated September 3,2015) Dear Mr. Hood: You requested a Comparable Use Determination that an air conditioned, enclosed mini- and self-storage warehousing, Standard Industrial Classification(SIC) code 4225, is comparable in nature with the permitted uses for lots 10, 11, 12 of the City Gate Commerce Center Phase I Plat, within the City Gate Commerce Park PUD, West of the Florida Power&Light Easement. The City Gate Commerce Park PUD (Ordinance Number: 88-93) does not specifically permit the use of requested storage utilization,however, Section III, Project Development Regulations, Both East and West of the Florida Power& Light Easement, states that"any other uses which is determined by the Planning/Zoning Director to be comparable and/or compatible with the listed permitted uses"may be considered a permitted use. You provided evidence that an air conditioned, enclosed mini- and self-storage warehousing use is comparable in nature with C-4 and C-5 land uses,which are land categories of permitted principal uses in the PUD. The Collier County Land Development Code (LDC)lists SIC 4225 (air conditioned and mini-and self storage warehousing only) as a conditional use in C-4 and a permitted use in C-5. The PUD under Section III, Project Development Regulations, 3.2 Permitted A. Principal Uses, West of the Florida Power& Light Easement lists the following as permitted principal uses: 1. One gasoline service station or fuel dispensing facility. Listed as SIC 5541 and per the LDC listed as General Commercial (C2)Principal Use (P) - Heavy Commercial(C5)P 2. Hotels or motels including integral cocktail lounges. Listed as SIC 7011 and per LDC listed as C4P-05P 3. Retail sales and personal sales businesses which are travelers and/or the Citygate Commerce Park market. Listed, in general, as SIC 5311 and per LDC listed as C4P-05P Furthermore, in the PUD under Section III, Both East and West of the Florida Power & Light Easement the following are permitted principal uses: 2. Utilitarian, recreational, educational, and medical uses and services 4. Any other use which is determined by the Planning/Zoning Director to be comparable and/or compatible with the listed permitted uses Exhibit A Page 1 of 2 2 While the requested properties are not located East of the Florida Power and Light Easement, it should be noted that a principal permitted use for properties located East of the Florida Power and Light Easement are for storage and distribution uses. Additionally, you state that SIC 4225 is less intensive by way of traffic impacts, utility and resource consumption and is less intrusive overall when compared to permitted uses. Because indoor storage is generally a less intense use than many of the permitted uses in the PUD; because the range of permitted principal uses within the PUD fall within the range of permitted uses for SIC 4225 within the LDC, more specifically C-4 and C-5; because SIC 4225 can be considered a utilitarian use; because the PUD permits storage and distribution uses for properties located East of the Florida Power and Light Easement; and because it is set out in the PUD that any other use which is determined by the Planning/Zoning Director to be comparable and/or compatible with the listed permitted uses, it is the determination of the Planning Manager that the use of an air conditioned, enclosed mini- and self-storage warehousing is comparable and compatible to the other permitted uses. Please note that this determination requires affirmation by the Hearing Examiner. You will be notified of the hearing date. Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.All other applicable state or federal permits must be obtained before commencement of the development. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s)to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information please do not hesitate to call me at (239)252-8202. Researched and prepared by: Reviewed by: fat_ Rachel Beasle Planner Ray Manageryanager Zoning Division Zoning Division C:Annis Moxam, Addressing Section ZVL(CUD)-PL20150001787 (correspondence file) Exhibit A Page 2 of 2 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 HEARING SIGN PHOTOS & POSTING AFFIDAVIT 2/8/2018 17C DEVELOPMENT ORDER 2000 - 0 2 RESOLUTION NO. :)000-151 A RESOLUTION AMENDING DEVELOPMENT ORDER 88- 02, AS AMENDED, OF THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE A, AMENDING THE PHASING SCHEDULE BY REFERENCE TO APPLICATION FOR DEVELOPMENT APPROVAL; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR COMMENCEMENT OF CONSTRUCTION AND TERMINA TION DATE FOR THE PROJECT, PERIOD OF TIME A1\iTI EXEMPT FROM DOWN ZONING; SECTION TWO, FINIDNGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSL Y ISSUED DEVELOPEMNT ORDER, TRANSMITT AL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 88-02, as amended, (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 an effective approval date of October 29, 1990, which is deemed to be the beginning date for the five-year period within which the Development Order indicates physical development of the project must commence; and WHEREAS, the ADA provided for five three-year phases for a total of 15 years for buildout with the first phase being three years from the date the appeal was dismissed which would be October 29, 1993, with the last phase being October 29, 2005; and WHEREAS, on February 21, 1995, the Board of County Commissioners approved Development Order 95-02, Resolution No. 95-143 which had the effect of extending all yearly target dates by five (5) years, less one day, and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and Words straek thrBllgh are deleted; words underlined are added. 1- 17C WHEREAS, the owners of the DRI property desire to extend the date by which significant physical development is to begin, the project buildout date and phasing schedule by an additional five (5) years less one day; and WHEREAS, William R. Vines, of Vines and Associates, representing Richard K. Bennett, Trustee, Nations Bank Land Trust No. 5360, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on May 23, 2000. WHEREAS, on ~ o~.~.,& , 2000, the Board of County Commissioners, at a public heating in accordance with Section 380.06, Florida Statutes, having considered application and notice of proposed changes to the Citygate Commerce Park Development Order 88-02, as amended, 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 report and recommendations of the Southwest Florida Regional Planning Council, 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, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. Section 9.c of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October 28, 1998 27, 2002, Phase II October 28, 299! 27, 2005, Phase III October 28, 299~. 27, 2007, Phase IV October r~r~ 27, 2012, shall beoe .~nc~-~ 27, 2010, Phase V October incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carried out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue.Words stpac',: tk~cughare deleted; words underlined are added.2- The Citygate project contains 209 acres of building sites, exclusive of streets, lakes, and other non building site areas. Until the wetland jurisdiction lines and the Red-Cockaded Woodpecker Management Plan have been refreshed, any necessary Master Plan and/or PUD modifications made, a complete new TIS prepared, and a new DOA approved, development, i.e., building permit issuance, shall be limited to 15% of the Project site acres, which is 31.35 site acres. The 31.35 acre maximum development area shall be located west of the FPL easement, except for the area east of the FPL easement in which there are no jurisdictional wetlands and in which no Red Cockaded Woodpecker nesting or foraging area has been established. Water management facilities to accommodate the initial development area may occur east of the FPL easement, as provided for in SECTION ONE: Paragraph 4.c. of Development Order 90-4. B. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within t-~q-6JA~ twelve (12) years from the date of final approval of the Development Order, development approval shall terminate, and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October 28, 20!2 27, 2014. C. Paragraph 4 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: Pursuant to Section 380.06 (15)( c ) 3, Florida Statutes (!997 1999), this project is exempt from down zoning or intensity or density reduction for a period of ~ fourteen (14) years from the date of adoption of the Development Order, subject to the conditions and limitations of that section of the Florida Statutes, provided that physical development commences within ~ twelve (12) years as provided in Section 3 hereof. 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. C. The application is in accordance with Section 380.06(19), Florida Statutes. The applicant submitted to the County a Notice of Change to previously approved DRI known as Exhibit B, and by reference made a part hereof. Words ~.,,~r ,~ .....~' are deleted; words underlined are added. 3- D. The applicant proposes the development of Citygate Commerce Park on 287.187 acres of land for a commercial development described in Development Order 88-02, as amended. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. 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. G. The proposed changes to the previously approved Development Order fall within the parameters for extensions ofbuildout pursuant to Subsection 380-06(19)( e)2., 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), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order amendment includes operations described in the Notice of Change to a previously approved DRI, Exhibit B, attached hereto and by references made a part hereof. B. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. C. 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. D. 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. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380.06(19) (e)2., Florida Statutes, and therefore a public hearing thereon is not required. SECTION FOUR: A. Except as amended hereby, Development Order 88-02 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. Words r, tracl~z tbzcugh are deleted; words underlined are added. 4- 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 majority vote. Done this ~t,~ay of % O~ , 2000. f Attest as to Chairman's signature' onl,y. ATTEST:". ~ DWIGHT E.7 BROCK, Clerk Approved as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLI~-~, TY, FL~)RIDA TIM~)~Y J. COi~rANTI~, CHAIRMAN Marjo~i}e M. Student Assistant County Attorney g/admin/DOA-88-02/RN/im Words 2,tp,:,~l,: tF~augh are deleted; words underlined are added. 5- 170 HOLE. MONTES 'AND ASSOC., INC. CONSULTING ENGINEERS-- LANO SURVEYORS HMA Fi[e No. 85.23 9/30185 Sheet 1 of 2 LEGAL DESCR1PT10N 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 described parcels: A parcel of land being ~-portion of the' No'rthwe's~-quar~er of Section 35, Township 49 South, Range 26 East, Coil ier County, Florida. Being more particularly described as fol lows: Corrrnencing at the quarter Section corner, co.,~on to Sections 3'4 and 35, Township 49 South, Range 26 East, Coil ier County, Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3-inch brass cap attached to the top thereof, with a 3/4-inch iron pipe; thence along the Section line between said Sections 34'and 35, North 00°29'15" West, 1,382.43 feet to a point on the centerline of the proposed Access Road No. 1 as shown on the State of Florida Depar_tment of Transpor_tation Right-of-Way Map for State Road No. 93 (I-75) Sheet 8 of I0; thence along said centerline of the proposed Access Road No. 1 North 89°31'01" East, 100.00 feet to a point on the East right-of-way line of a canal, said point also being on the centerline of the proposed access road to the water treatment plant parcel; thence along said East canal right~o'f~a~ "Jin~ North 00°29~15" West, 50.00 feet to a 4" x 4" concrete monument marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence along the North line of said access road right-of-way North 89°31'01" East, 456.51 feet to a Lt" 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 along said West boundary line North 00°47'14"--East,"994.98 feet to an iron rod on the Westerly right-of-way of a strip of land 170 feet in width for a Florida, Power & Light Company (FP&L) right-of-way. as described in Official Records Book 681, Page 1210, Collier County Records; thence along said Westerly. FP&L right-of-way North 31030'28" East, 70.02 feet to an iron rod; thence continuing along said Westerly FP&L right-of-way South 58°30~03" East, 761.56 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP&L right-of-way South 00°47'14"' West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing ai'ong said Westerly FP&L right-of-way South 00°47'14" West, 332.74 feet to an iron rod marking the intersection of said Westerly FP&L right-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Col lief County, Florida; said point also being the Southeast corner of the parcel being herein described; thence along said South line of the North half of the South half of the Northwest quarter of Section 35, South 89004'40" West, 690.82 feet to a 4" x 4" concrete monument; said 2 HMA File No. 85.23 9/30/86 Sheet 2 of 2 point being the Southwest corner of the parcel being herein described; thence along the'West boundary line of said parcel North 00°47'14" East, 653.80 feet to a 4" x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcel; thence along said South right-of-way South 89°31'01" West, 454.28 feet to a 4" x q" concrete monument marking the intersection of said access road South right-of-way with the East right-of-way of a canal;' thence-along said canal-East right-of-way North 00°29'1.5" West 100.00 feet 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, at a point North 89°00'01" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00°29'15'~ West, 1,334.19 feet, thence South 04021'08" East, 296."92-feet,-thence South 02046' 25" East;' 750.60 feet to-the .... beginning of a curve concave to the Northeasterly having a radius of 331~.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 41001'29" 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, thence South 89°00'01" West, 206.27 feet 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, at a point North 89°00'01" East, 306.27 feet from the Southwest corner of the North half of said Section 35, thence run North .. 43047'54" West, 94.86 feet to the beginning of a curve concave to ' the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 240.58 feet through a central angle of 41°01'29" to the end of said curve, thence North 02°46'25" West, 750.60 feet, thence North 04021'08" West, 296.92 feet, thence North 00°29'15" West, 85.00 feet, thence North 89°31'01." East, 64.42 feet, thence South 04021'08" East, 378.34 feet, thence South 02°46'25" East, 751.56 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 a central angle of 41001,29,, to the end of said curve, thence South 43°47~54" East, 159.68 feet to the South line of the North half of said Section 35, thence South 89°00~01" West, 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or less. HOLE. MONTES & ASS'OClATES, INC. STATE OF FLORIDA DEPARTMENT OF COMMIJNITY AFFAIRS DMSION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (Dill) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previ- ously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. representative of L.&~O~ '~o ~,~ developer) previously approved Development of Regional Impact in accordance with Subsection 1'4~'5, the undersigned owner/authorized hereby give notice of a proposed change to a 380.06(19), Florida Statutes. In support thereof, I submit the following information concermng the ~__ t ~ ~1~ ~ ~."['-~-- development, which original & current project names) information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copiesofthiscompletednotificationto C__~t...L., I~ ~ ~ 0 I~,~i.~ local government) to the,~oo'r~-W'~'r '~.~,. Regional Planning Council, and to the Bureau of Local Planning, Depamnent of Commumty Affairs. Date EXHIBIT B" NOPC FORM 3. 4. 5. o Applicant(name, address, phone). l~t?.~.a,,~l:~ ~, ~"~;~k.~'V"l", 'Y"~! Au~od~Agent (~e, ~. ~ ~~, ~. ~%to~ q~l'~i),7~one). ovide a complete description of~e p~sed ch~ge. ~clude ~y proud c~g~ to ~e plan of develop~nL p~mg, a~fio~ ~, co~ence~nt ~, b~d~m ~, development order con~fio~ ~d ~menm, or m &e ~pmenmfio~ con~ M ei~ &e ~velopment order or eApp~onforDevelop~ntA~v~. ~ ~~ c~ ~ Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional inforotation may be requested by the Department or any reviewing agency to clarify the natm'e of the change or the resulting impacts. i~//aN Complete the attached Substantial Deviation Deterraination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifi- cations 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 informa- tion 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? /-k'l"'l" ~--'~/~ Describe any lands purchased or optioned within I/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 1/2 mile on a project master site plan or other map. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any ofthe criteria listed in Paragraph 380.06(19)(b), Florida Statutes. i1~_...' ~.~0~//~ Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO }~ 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. NOPC FORM 170 11. 12. 13. Will the proposed change require an amendment to the local government comprehensive plan? NtO Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: 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. 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 qmify: Go eo fo All proposed specific changes to the nature, phasing, and build-out date of the develop- ment; to development order conditions and requirements; to commitments and representa- tions 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 smactures or to other improvements including locations, square footage, number of units: and other major characteristics or components of the propos. ed c_h~ge; An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of developme. nt; A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; ~: "U"~ ,~ ~-.--d-k-~ ~ A proposed amended development order termination date that reasonably reflects the time required to complete the development; 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, dapplicable; and 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 9J-2.025 (7), F.A.C. NOPC FORM SUBSTANTIAL DEVIATION DETERMINATION CHART 17C NOPC FORM NOPC FORM l?C NOPC FORM 6 NOPC FORM 7 J NOPC FORM 17C z 9 NOPC FORM NOPC FORM 1o 17C ATTACHMENT FOR THE CITYGATE N.O.P.C. o The sole change proposed is to extend the life of the D.O. by two years, less one day, together with appropriate adjustments to the phase dates and other time related requirements within the D.O. The Citygate D.O. was originally adopted 12-13-88 via D.O. 88-2. That D.O. was appealed by DCA. The appeal was resolved on 8-20-90 via adoption of D.O. 90-4.The tolling date was subsequently deemed to be 10-29-90. The D.O. mandated development initiation within five years from the tolling date. On 2-21-95, D.O. 95-2 was adopted, extending the mandatory development initiation date by five years less one day, to 10-28-00, together with corresponding extensions of the development phase dates and other time related requirements within the D.O. There has been no change in local government jurisdiction since adoption of the last D.O. 10. The following phase dates and buildout date changes are proposed: Phase I Phase II Phase III Phase IV Phase V PHASE END DATES 10-28-1998 10-28-2001 10-28-2004 10-27-2007 10-27-2010 10-27-2002 10-27-2005 10-27-2007 10-27-2010 10-27-2012 DEVELOPMENT ORDER TERMINATION DATE C_U_.BE~.~ PROPOSED 10-28-2012 10-27-2014 13.a.Section 9.c of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October~ ~, Phase II October-z~8--,z-3ee-l-27, 2005, Phase III October~ 27.2007, Phase IV October ~ 27. 2010 Phase V October ~ 27.2012, shall Words underlined are additions; Words ~ are deletions 170 be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carded out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. 13.c.Paragraph 3 of an untitled Section (Page 12) of Development Order 88- 2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within teft-(4~ ~eJY.¢_(.~ years from the date of final approval of the Development Order, development approval shall terminate, and this Development Order shall no longer be effective. For purposes of this requirement ~significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October~ 27.2014. 13.d. See 13.c. above. 13.e.Paragraph 4. of an untitled Section (Page 12) of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 4. Pursuant to Section 380.06 (15) (c) 3, Florida Statutes (~38-7 1999), this project is exempt from down zoning or intensity or density reduction for a period of seven--(-7-) fourteen (14) years from the date of adoption of the Development Order subject to the conditions and limitations of that Section of the Florida Statutes, provided that physical development commences within ¢we-(5) tw..eJy.e..~ years as provided in Section 3 hereof. Words ~ are additions; Words s~'t~-k-thf'ot~ are deletions. May 26, 2000 Mr. Steve Atkins, Planner State of Florida Department of Community Affairs Development of Regional Impact Section Bureau of Land and Water Management 2740 Centerview Drive Tallahassee, FL 32399 Re:Development Order 2000-02/Resolution 2000-151, Citygate Commerce Park Dear Mr. Arkins: Transmitted herewith is a certified copy of the above- referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, May 23, 2000. Very truly yours, DWIGHT E. BROCK, CLERK Karen Schoch, Deputy Clerk Enclosure 17C May 26, 2000 Mr. Daniel Trescott DRI Coordinator SWFRPC P.O. Box 3455 North Fort Myers, FL 33918-3455 Re: Resolution 2000-151/Development Order 2000-02 Dear Mr. Trescott: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, May 23, 2000. Very truly yours, DWIGHT E. BROCK, CLERK Karen Schoch, Deputy Clerk Enclosure 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 l c"; 0""...:.,t,;;", A"U/ t..>. ~'CL}/12'!.Z9ZS\("!/ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY AMENDING SECTION 2.7 OF THE PUD DOCUMENT TO ALLOW STREETS TO BE PUBLIC; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 09 _ 69 WHEREAS, on December 13, 1988, the Board of County Commissioners adopted Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD"); and WHEREAS, Joseph R. Weber on behalf of 850 NWN, LLC and CG II, LLC (the "Petitioners") has petitioned the Board of County Commissioners to create the City Gate Community Development District; and WHEREAS, the Petitioners and the Board of County Commissioners desire to provide for the platted streets in the PUD to be open to the public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO SECTION 2.7 OF THE PUD DOCUMENT IN ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PUD. Section 2.7 of the PUD document is hereby amended as follows: 2.7. STREETS TO BE p~n/"^.TE OPEN TO THE PUBLIC. Except as otherwise agreed between County and owner or as determined by the Board of Supervisors of the Community Development District. A!!II platted streets within the project shall be common property of the project landowners and shall in all cases be open to travel by the public. SECTION TWO:CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. 1 Words strl;Jck throl;Jgh are deleted; words underlined are added. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this ~~ay of I~ U/Yl b<..r ,2009. ATTEST: '" DWIG~TJt.JjJtq9K, CLERK L BOARD OF COUNTY COMMISSIONERS COLLIER CI1NTY, FLORIDA} IjJ~ d~ DONNA FIALA, Chairman0.' t4'~ .'tt'IiM~puty Clerk on' 000 ,',C" t...~ .'1t~,\:</ d<'- By: Approved as to form and legal sufficiency: A-- Ltv Jeffrey A. Klatzkow @ County Attorney 09.0028/1 10/30/09(2) HFAC This ordin::mce filed with tne 5z:jretory of ~C Office ~~ dcyof_ ~,~ arid ockn;>i!b.~qement of that fjJ' r(,r.:e;\'f,d this day of 2 Words strl;Jck through are deleted; words underlined are added. I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-69 Which was adopted by the Board of County Commissioners on the 1st day of December, 2009, during Regular Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of December, 2009, DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to BoardOpi' County Commissionei:..s..... '.~/ rr,;-~ ~'.".~;'-'~.:., '. l ',t I, ., . " rr.' .. . ....fY' Po I'Cifi}}ti ,Clerk(;i<; i>I ' 1 28 29 30oJl-ro ~ 7,> ff REGf/VEU \ gj NOV 2010 ~ I o C1J 0 0" o} ,," I ..\llc;," cV' c.. AN ORDINANCE OF THE BOARD OF COUNTV,'} COMMISSIONERS OF COLLIER COUNTY, FLORIDA:-~;: AMENDING ORDINANCE NO. 88-93, THE CITY GATE;:2' COMMERCE PARK PLANNED UNIT DEVELOPMENT, BYg~. ~~ DELETING SECTION VII CONTAINING THE REDS;'.,:, cO COCKADED WOODPECKER MANAGEMENT PLAN;"" PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 10 - 42 l'. c. r-..:' c;;.) z: c:>11 J:)J rl1 i.:Js: WHEREAS, on December 13, 1988, the Board of County Commissioners adopted (I) Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD") and 2) Development Order 88-02 (the "Development Order"), which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, as a result of an appeal by the Florida Department of Community Affairs DCA), a Settlement Agreement between Collier County and DCA resulted in Development Order 90- 4, Resolution No. 90-431 dated August 28, 1990 (1990 DOA), which amended Section One: Conclusions 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, the provisions of the 1990 DOA are the currently effective provisions relating to Red Cockaded Woodpecker Management and mitigation; and WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG II, LLC, a Florida limited liability company, (collectively "Petitioner") owns the PUD property east of the FPL Easement; and WHEREAS, the Petitioner, after formal consultation with the United States Fish and Wildlife Service (USFWS), developed the City Gate Habitat Conservation Plan (City Gate HCP), which incorporates the latest Red-Cockaded Woodpecker CRCW") management methods; and WHEREAS, the City Gate HCP was approved by the USFWS on March 30, 2009 and issued a Federal Fish & Wildlife Permit (City Gate Federal Permit) to the Petitioner on July I, 2009; and Underlined text is added; Stnoel< throu!;h text is deleted. Ci'y Gate PUDA,PL20 10.845 Rev. 11/09/10 Page 1 of 5 WHEREAS, the City Gate Federal Permit incorporates the most current RCW mitigation strategies; and WHEREAS, the RCW Management Plan in the 1988 PUD varies from the RCW management plan and mitigation strategies required by the City Gate HCP and City Gate Federal Permit; and WHEREAS, Roger B. Rice, of Roger B. Rice, P.A., representing the Petitioner, petitioned the Board of County Commissioners of Collier County, Florida, to amend the PUD; and WHEREAS, Petitioner, simultaneously with Petitioner's petition to amend the PUD in the manner set forth herein, has petitioned to amend the 1990 DOA to conform the RCW Management Plan and mitigation strategies of the Development Order to the RCW management and mitigation requirements of the City Gate HCP and Federal Permit respectively; and WHEREAS, upon the approval of Petition Ntunber DOA-PL2010-843 and the adoption ofa resolution amending the 1990 DOA (the 2010 DOA), the operative RCW management and mitigations requirements for the City Gate DRIlPUD will be the requirements of the 2010 DOA; and WHEREAS, for clarity and administrative efficiency, both the County and Petitioner agree that: (I) the RCW management and mitigations requirements for the City Gate DRIlPUD will be the requirements of the City Gate HCP and Federal Permit respectively which shall be required by the 2010 DOA, and (2) that any actual or potential conflicts between the DR! and PUD with respect the RCW management and mitigation should be eliminated by deleting all provisions regarding RCW management and mitigation from the PUD, so that the requirements shall be only as set forth in the 2010 DOA; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on September 16,2010; and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the PUD to conform to the City Gate HCP and the City Gate Federal Permit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Underlined text is added; Struel, threugh text is deleted. City Gate PUDA-PL201O.845 Rev. 11109/10 Page 2 01'5 SECTION ONE:AMENDMENTS TO SECTION VII OF THE PUD DOCUMENT IN ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PUD. Ordinance 88-93 is hereby amended as follows: Section VII of the PUD document is hereby deleted in its entirety: RED COCKf.DED WOODPECKER IVL\NACEMENT PL\N Tile Red Cockaded 'NeeElpecker (RCW), Pieioees Borealis, is a proteeteEl species of piae forest dwelliag wilEllife. Duriag plaaaiag of tile Citygate project, several Rcd Cec!laded Wooepecker Best trees 'liere ideatified on tile site, and determiaatioa was maee that a Bamber of ReEl Cockaded Woodpeckers atilize some of the Best trees aHd femge oa the piae forestee portio as of the Citygate site, as well as oa adjoiaiag off site piae f-erested laaEls. !. Red Cockaded Woodpecker Maaagcmeat Plan was prepared, iaeorporated in, and approved as part of the Developmeat of Regional Impact applieatioa. Tile elemeats of the plaa have beea incorporated in the Citygate Master Developmcat Plaa aad this PUD doeameat. The eeatral featare of the Management Plan is an agreemeHt to deter deyelopmc:mt of a 72+ acre area 'lIhieh embraces the nest trees, a buffer of pine forest aroune the Best trees, aHd a eorridor of piae forest which connects the Best trees to each other aad to existing off site pine forested lands oa which the birds HOW forage, so leag as tHe birds cOlltiHue their eldstiag Ilestiag pattern. The 72+ acre illterim preserve area is iadieated oa the Master Developmellt Plaa, as are the Best tree loeatieas aad 400 foot diameter circles aroulld eaeh Best tree. .".fter planning of the Citygate project was initiated, a forest fire se'.'erely bUfIled a large portioa of the Citygate site, iaeluding apprmdmately half of the interim preserve area. Many of the piaes in the Burned area have died, and the Florida Forest Service advises that pille death will continue for seveml years. The IOllg term impaet of the forest fire Oil utilizatioll of the area by Red Ceekaded '.Voodpeckers cannot Be foreeast witH aecur-aey, but arJftlal mOllitorillg of the birds will provide the aeeded iaformation, The follo'.viag maaagemenUmonitoriag activities are an iHtegml part of the Red Coelcaded Weodpeelcer Management Plan and of this PUD docllmeHt: L Prior to issuance of construction approval fer the streets, draiaage faeilities, utilities, ete. in a project deyelopmelll/phase, a Red Ceclffided \lloodpec!lor survey utilizillg appr-oved methodology will Be conducted to illsure that the birds ha'.'e HOt established nest cavities ill tile plaaaed constructieH area. The survey shall oceur within 60 days of the start of cOllstructiea, and if it is determined that Red Cockaded Woodpeckerne31 c!l'iities Rave been established ia tile eoastructioa area, determillation shall be made by tHe ageHeies respollsible for Red Cockaded Woodpeclccr protectioa laws as to the aecessity of modifying the Red Coekaded Woodpecker M(lIlagemeHt PlaH. 2. .^u-.f!UaJ Red Cockaded 'Noodpecker SUf\'eys utiIiziHg appreved methedology will be undertakell until five years after final build out of the Citygate prejeet, with results of the annual surveys to be furnished to the Florida Game aHd Fresh Water Fish Commission, the Southwest Florida Underlined text is added; Struck threugh text is deleted. City Gate PUDA.PL2010.845 Rev. 11109/10 Page 30[5 Regisllal Plar.aiag Ceuacil, alld Cellier CllUllty ',',itllia 30 days of sUf'iey cSFIlflletien. 3. MelaleHea and other 6)wtie vegetatioa witllia the Red Cockades Woodpecker ll'eserv6 area and el5e'.\Rere oa tHe Citygate site will Be eradicates, thus sigllificantly eHhaneiag tile 'lluHity ef RCW forage area Oil site. 4. e)(eessi'ie UHdergro'Nth will be ceBtfllllee BY bumiag aREliorBY use ofmeelulIlieal e'luipmeat. 5. Pille trees having a DBH of g iaclles or more, leeated eatside the R-C\l/ preserve BlIt '.vitllin the required yard aad buffer areas ia tHe remaiader of tHe site, 'sill Be eoaservee to provide additioaal R-CW forage areas. 6. Lands V/ithia the RCW preserve area may be utilized for limited recreatiolllll pUfjlOGes SUCH as alkways, jogging trails, picaie faeilities, etc., so loag as disturballce to native 'iegetatiea is minimal and the recreatiollal activities avoid the RC'.V Ilest trees. 7. Ulldergroood utilities aRd sllifaee draiaage swales may cross the RC\V preserve area. 8. The preserve area will be posted witH siglls which illdicate that it is aH RC'.V preserve aHd tllat distarbaRee of the Birds is prohibited aHd llIllll'.vful. 9. Propesals to modify tile Citygate Red Cockaded Woodpecker MaaagemeHl Plaa may be suemitted at aH)' time. SHeh proposals shall Be supported by a currellt survey of oa site Red Cockaded \1/ oodpecker Besting aIld romgmg patterns, and such additieaal iaformatioll as is required to e'ialuate the propesed MaaagemeHl PlaIl medificatioll. The mtioaale for autHorizing lands to Be removed from the RCW preserve area ma)' illelue6 abandonmeat efthe Best trees by tHe birds ana/or a chaRge in tHe ehaFaeter llftHe pine rorest fomge area, resultiag ill a lllss of the habitat cllaracteristics re'luired by the RCW. Propesals to modify tHe Maaagemellt Plan shall Be sHbmitted to Cellier Comly as an ameaamellt to tHe Cit)'gate PUD, with copies to the Southwest FIsrida Regiollal Plar.nillg Ceuacil aad Flerida Game alld FreSH '.Vater Fish Commission, THe Southwest Flllrida RegioBal Planlliag Ceullcil aHdier the Fleriaa Game aRd Fr-esh Water fiSH Cllrnmissioa may pro'iide cemmeHts and reeommeHdations to Collier COllllty regarding the preposed ManagemeHt Plaa medification. The PlanHing'Zolling Director shall prepare a recommendatioa regardiag tHe proposed ManagemeHl PlaH modifieatioll; an ad'ieftised public Hearing shall Be held BY tile Board of CoUHty Commissiollem; aHd Hpsa a fiadillg of sHitability tile Board of Ceunty Commissiellers may, by a maj ority vote, autHorize tHe requested Management Plan medificatioll. The Florida Game and Fresh \Vater Fish Csmmissioa has reeommcllded to the Southwest Flerida Regieaal Plar.llillg Ceooeil that a regioaal plaH be de'ieloped v.hich will result ill the public acquisition ef geegrapllieally suitable wildlife habitat whieh is comparable ia amount and cllaracter to ,....ilalif-e habitat wHicl1. is lost to tile process of urbaRizatiea withia the regieR. Commissioa wilalife biologists ha'ie stated that appro)dmately 233 aeres of the 2g7 acrc Citygate site have the ellaraeteristics efRed Cockaded Woodpeeker habitat THe Commission wildlife biologists have stated their e)(pectatioa that, upoa developmeHl of tile Citygate site and surrolHldiag laRds, the Cldstiflg Red Cock-aded Woodpeck-erpepulatiell'Nill abandon the area, in spite of the establishmellt of the Citygate Red Coekaded Weedpeeker preserve area and associated Red Coclcaded W-eodpeck-er managemeHt commitmeHls. In tile eveHl aregiollal wildlife habitat aequisitioa plaa is adopted, the purpose of which is to mitigate Underlined text is added; Struel, threugh text is deleted. City Gate PUDA.PL2010.8.15 Rev. 11109/10 Page 4 01'5 vildlife habitat loss 10 urbaR developmellt in the regioa, the Citygate project sHall be subjeet to such impaet fees or other implementatioll measures as are lawfully eaaeted for the purpBse of implemefltiflg the regiollal plaR. SECTION TWO:CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND. DUL Y ADO~TED .bY. sur,er-majorit~ vote by the CommiSSIOners ofColher County, Flonda, thiS ~ day of J~CJv'(dl btr Board of County 2010. ATTEST: .' . DWIGHTE.'BRdck,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1.. I i ~ -V j",'J By: Attest .. .. 0& t9nature OIW'. By: FRED W. COYLE, Chairman Approved as to form and legal ufficiency: L A Clo H idi Ashton-Cicko Assistant County Attorney This ordinance filed with the Secretory of State's Office the J!e day of~, 20lD and acknowledgement of that filin\l received this ..2L day OftiO\l~~ By~ e CPll O-CPS-01034\ 19 Underlined text is added; Struek threu!;h text is deleted. City Gate P\JDA-PL2010-845 Rev. 11/09/10 Page 5 of 5 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk af Caurts in and far the Twentieth Judicial Circuit, Callier Caunty, Flarida, do. hereby certify that the faregaing is a true and carrect capy af: ORDINANCE 2010-42 Which was adapted by the Baard af Caunty Cammissianers an the 9th day af Navember, 2010, during Regular Sessian. WITNESS my hand and the afficial seal af the Baard af Caunty Cammissianers af Callier Caunty, Flarida, this 15th day af Navember, 2010. DWIGHT E. BROCK Clerk af Caurtsa,ndClerk Ex-afficia to'13aard cii. Caunty Cammi$si~riers 3~'\~'l~ By: Martha versaTi:J. Deputy Clerk