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Agenda 01/08/2013 GMP
COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS 2011 Small Scale Adoption & 2012 Cycle Transmittal 1M1 IMI 101 , c lac 1111 11111 Nil CV. 111E I 1.5F 15E I IVC I- IIE I INF I IME I IEEE I-IIEEE I NNE INF I yJS.. "" Collar Carob 1— ° Collier County - p� \ I Florida u. \ 1 Florida car �� i fE it I ...—.-- i——.— . .7, Nil CMAIN I� _. Kw ; �wFa = >s \4 I H 1i — mem O • z_— 1 a 0 ') 1 1.t .. ion - I 'yI_ . . i; a am I. 4_ IF tJ a 4�. ,„„,,,,,,,, CPSS-2011-2 Small Scale Adoption 2012 Cycle Transmittal [CP-2012-1 & CP-2012-3] BCC: January 08, 2013 CCPC: November 01 , 2012 TABLE OF CONTENTS 2011 Small Scale Adoption & 2012 Cycle Transmittal GMP Amendments BCC-January 08, 2013 2011 SMALL SCALE ADOPTION AMENDMENT 1) TAB: Adoption Ex. Summary DOCUMENT: PL20110000769/CPSS-2011-2 BCC Executive Summary 2) TAB: Adoption Ordinance DOCUMENTS: Adoption Ordinance&Exhibit"A" Text&Map Changes PL20110000769/CPSS-2011-2 3) TAB: Adoption Staff Report DOCUMENT: PL20110000769/CPSS-2011-2 CCPC Staff Report 4) TAB: Project/Petition DOCUMENTS: Project/Petition: PL20110000769/CPSS-2011-2 5) TAB: Legal Advertising DOCUMENT: BCC &CCPC Adoption Ads 2012 CYCLE TRANSMITTAL AMENDMENTS(CP-2012-1 &CP-2012-3 6) TAB: Transmittal Ex. Summary DOCUMENTS: PL20120000371/CP-2012-1 & PL20120001213/CP-2012-3 BCC Executive Summary 7) TAB: Transmittal Resolutions DOCUMENTS: Resolutions with Exhibit"A" text or map as follows: PL20120000371/CP-2012-1 (map only- FLUM); and PL20120001213/CP-2012-3 (text only- FLUE) 8) TAB: Transmittal Staff Reports DOCUMENTS: PL20120000371/CP-2012-1; and PL20120001213/CP-2012-3 CCPC Transmittal Staff Reports 9) TAB: Petition CP-2012-1 DOCUMENT: Gordon River Greenway Park Petition 10) TAB: Petition CP-2012-3 DOCUMENT: Bayshore/Gateway Triangle Redevelopment Overlay Petition 11) TAB: Legal Advertisements DOCUMENT: BCC &CCPC Transmittal Ads EXECUTIVE SUMMARY Recommendation to approve a "small-scale" amendment to the Golden Gate Area Master Plan Element of the Growth Management Plan, Ordinance 89-05, as amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) OBJECTIVE: For the Board of County Commissioners (BCC) to review the proposed "small- scale" Growth Management Plan amendment and consider adoption and transmittal to the Florida Department of Economic Opportunity (DEO). CONSIDERATIONS: The subject petition is submitted as a "small-scale" comprehensive plan amendment. Per Florida Statutes, this request requires only one public hearing before the Board of County Commissioners. If approved by the BCC, the petition shall be transmitted to the Department of Economic Opportunity. Note: Because the support materials are voluminous, the Agenda Central system does not contain all of the related documents pertaining to this GMP amendment petition. The entire Executive Summary package, including all support materials, is included in the binders provided separately to the BCC for the 2012 cycle of GMP amendment petitions and the subject 2011 "small scale" GMP amendment. The complete binder is available for review in the Comprehensive Planning Section office at 2800 North Horseshoe Drive, Naples, as well as in the Clerk of Courts/Minutes and Records office at 3299 Tamiami Trail East, Suite 401. Pursuant to Chapter 163.3187, F.S., there are limitations for this type of amendment— as identified below, followed by staff comments in[brackets]. 1. Parcel must be 10 acres or less in size [The project site is +9.64 acres]. 2. The annual cumulative acreage for all small-scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year [In calendar year 2012, the total cumulative acreage for all small-scale development amendments, including the proposed amendment, is±19.64 acres]. 3. No text change to the goals, objectives and policies; only a site specific small-scale land use change to the future land use map shall be permitted. However, a text change related directly to, and adopted simultaneously with, a small-scale future land use map change amendment shall be allowed. [The proposed text change is directly related to, and is proposed to be adopted simultaneous with, a small-scale future land use map amendment]. 4. The subject site shall not be located within an area of critical state concern, unless the proposed amendment involves the construction of affordable housing units — subject to criteria[The subject site is not located within an area of critical state concern]. This petition seeks to: add ±2.8 acres to the existing ±6.84 acre infill property located at the northwest corner of the intersection of Santa Barbara Boulevard and Golden Gate Parkway; add 1 senior housing uses; eliminate 30,000 square feet of commercial office uses; and, revise development standards. Findings and Conclusions: • The proposed request to expand the existing Subdistrict by 2.8+ acres to allow group housing uses and the retention of up 5,000 square feet of commercial development is inconsistent with Policy 5.2.3 of the GGAMP, which prohibits new conditional (and commercial) uses on properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. However, according to the applicant, the inclusion of the 2.8± acres is needed in order for the Group Housing development to be viable at the proposed location. Additionally, approximately 1.63 acres of the proposed addition is dedicated to water management, preserve and landscape buffer areas. Further, staff concurs with the applicant that there is a demonstrated need for the proposed group housing use within this area. • The market analysis submitted with the application indicates that the project's market area is presently underserved by as many as 442 Assisted Living Facility (ALF) and 429 Alzheimer's units; and, the projected demand will reach approximately 612 ALF and 613 Alzheimer's units by year 2015. • The proposed development of approximately 120 ALF (92) and Alzheimer's care units (28) will meet a portion of the unmet senior group housing need within the area proximate to the site, and afford area residents an opportunity to house aging family members in close proximity to their primary residences. • There are other similar-sized parcels within the project's market area; however, none are centrally located like the subject site. • The proposed facility's location proximate to existing residential will likely reduce vehicular trips on the surrounding roadways, and provide additional professional medical employment and service personnel jobs within the area. • The proposed group housing use is generally residential in nature, complimentary to the surrounding residential development, and does not generate significant traffic. FISCAL IMPACT: The cost to process, review and advertise this petition was borne by the petitioner via application and advertisement fees. Therefore, there are no fiscal impacts to Collier County as a result of the adoption of this amendment. LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. An affirmative vote of four is needed for Board approval. --HFAC GROWTH MANAGEMENT IMPACT: Adoption of the proposed amendment by the Board for Transmittal to the Florida Department of Economic Opportunity will commence the thirty-day (30) challenge period for any affected person. Provided the "small-scale" development amendment is not challenged, it shall become effective thirty-one days (31) after Board adoption. ENVIRONMENTAL ISSUES: The subject site has no special environmental concerns associated with the expansion of the proposed Subdistrict. Further, as part of the process of obtaining subsequent development orders (e.g. site development plan), the retention of native vegetation shall 2 be required in accordance with the Conservation and Coastal Management Element. Additionally, a preserve management plan, including habitat management for listed species (Big Cypress fox squirrels), if required, shall be included with the Site Development Plan. HISTORICAL/ARCHAEOLOGICAL IMPACT: The subject site is not identified on the County's Historical/Archeological Probability Maps as being in an area of historical or archaeological probability, and the Florida Department of State is of the opinion that the site does not appear eligible for listing on the National Register of Historic Places. STAFF RECOMMENDATION: That the CCPC forward petition CPSS-2011-2 to the Board of County Commissioners with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC heard Petition CPSS-2011-2 at their November 1, 2012 meeting. The CCPC voted 7-1 to forward the subject petition to the BCC with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity, subject to limiting the total project square feet to 70,000 sq. ft., including allowing up to 5,000 sq. ft. of medical office uses. Speakers: There were two public speakers. Both speakers own residences north and east of the subject petition. These property owners expressed concern about noise, odor, intensity, increased traffic and their desire for the subject site to be limited to the existing commercial office land uses. Prepared by: Michele Mosca, AICP, Principal Planner, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CPSS-2011-2 CCPC Staff Report; and, 2) CPSS-2011-2 Ordinance with Exhibit "A" Map Executive Summary Transmittal 2011 Cycle GMPAs G:ICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12011 SS Petitions\BCC Adoption mm/1-8-13 3 ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES BY AMENDING THE GOLDEN GATE ESTATES COMMERCIAL INFILL SUBDISTRICT BY CHANGING THE NAME TO GOLDEN GATE ESTATES COMMERCIAL AND INSTITUTIONAL SUBDISTRICT, BY ADDING 2.8 ACRES TO THE EXISTING 6.8 ± ACRE INFILL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND GOLDEN GATE PARKWAY IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST; BY ADDING GROUP HOUSING FOR SENIORS AND REVISING STANDARDS; AND FURTHERMORE RECOMMENDING . TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes,the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989;and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans;and WHEREAS, Collier County staff requested amendments to the Golden Gate Area Master Plan and Golden Gate Area Future Land Use Map and Map series; and WHEREAS, pursuant to Subsection 1633187(1), Florida Statutes, this amendment is considered a Small Scale Amendment;and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and CPSS-2011-2\Golden Gate Estates Commercial Page 1 of 3 and Institutional Infill District Rev. 12/13/12 Words underlined are added;words sttuelk-thfeugh have been deleted; * * * indicates break in pages WHEREAS, the Collier County Planning Commission (CCPC) on November 1, 2012 considered the proposed amendments to the Growth Management Plan and recommended approval of said amendments to the Board of County Commissioners;and WHEREAS,the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendments to the Future Land Use Element'of the Growth Management Plan on January 8, 2013; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Plan Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text and map amendment is attached hereto as Exhibit"A"and incorporated herein by reference. SECTION TWO: SEVERABILITY. 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. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders,development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. CPSS-2011-2\Golden Gate Estates Commercial Page 2 of 3 and Institutional Infill District Rev. 12/13/12 Words underlined are added;words struck-thFeugh have been deleted; * * * indicates break in pages PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA BY: , Deputy Clerk GEORGIA A. HILLER,ESQ. Chairwoman • Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Proposed Amended Text and Maps CP\12-CMP-00846\22 CPSS-2011-2\Golden Gate Estates Commercial Page 3 of 3 and Institutional Infill District Rev. 12/13/12 Words underlined are added;words strut-through have been deleted; * * * indicates break in pages Exhibit A CPSS-2011-2 2. ESTATES DESIGNATION B. Estates—Commercial District 5. Golden Gate Estates Commercial and Institutional Infill Subdistrict [revised text, page 46] This Subdistrict consists of two infill areas. The two areas are located at the northwest corner of Collier Boulevard and Green Boulevard and at the northwest corner of Santa Barbara Boulevard and Golden Gate Parkway. Due to the existing zoning and land use pattern in proximity to the Estates Commercial and Institutional In-fill Subdistrict (see Golden Gate Urban Commercial Infill Subdistrict and Golden Gate Estates Commercial and Institutional Infill Subdistrict Map) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: • Low intensity commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and • Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91- 102), adopted October 30, 1991. b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan). c) Projects within this Subdistrict shall make provisions for shared parking arrangements with adjoining commercial developments when appropriate. d) Driveways and curb cuts for projects within this Subdistrict shall be consolidated with adjoining commercial developments. • e) Access to projects shall not be permitted from Collier Boulevard. f) Any project located within this Subdistrict at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard (properties include the East 180 feet of Tract 98, Unit 30 and Tract 112, Unit 30, Golden Gate Estates), less and except an easement for Santa Barbara Boulevard right-of-way, shall be subject to the following additional development restrictions: 12. Permitted land uses shall be restricted-to offices-only limited to medical office uses and Group Housing for seniors. Group Housing for seniors may include independent living (Words underlined are added,words stras gh are deleted) 1 units, assisted living units, continuing care retirement communities, skilled nursing facilities, and similar uses. Medical office uses shall not exceed 5,000 square feet and total building area shall not exceed 70,000 square feet. 23. All principal structures shall be required to have a minimum setback of one-wed (AAA-)fifty (50)feet from the project's northern and southern boundary. 34. -- - - - _ =- - _ - __ _ _ =-- _ _ - _ - - - - -- - - - - - -- - - - --Buffers: the following minimum project buffers, as set forth in Section 4.06.02 of the Collier County Land Development Code, Ordinance No. 04-41, as amended, in effect as of the date of adoption of this amendment, shall be provided. West: 25'wide type C. North: 25'wide type C. East: 25'wide type D. South: 25'wide type D. - - - - - _ _ - _- -" - _ __ - - _ - -- -- _ .. •- 4. Native vegetation shall be retained within the project buffers on the northern and western project boundaries, where feasible. Required supplemental plantings shall be native species. The northern buffer adjacent to the southern boundary of Tract 111, Golden Gate Estates, Unit 30, may also be utilized for the native vegetation preservation requirements for the project and shall include a concrete or pre-cast concrete privacy wall at a minimum of 6 feet in height, which shall be located on the southern boundary of the buffer/preserve. No setback from the buffer/preserve shall be required for this wall. The North 330 feet of Tract 98, Unit 30, GGE, shall be limited to native preserve and water management areas, except that a vehicular drive and/or wall may be located within this area. Native vegetation preservation areas may be utilized for water management purposes, when it can be demonstrated that the use for water management will not be harmful to the native vegetation, as provided for in Policy 6.1.1 of the Conservation and Coastal Management Element. • • - ' . , (Words underlined are added,words struck ough are deleted) 2 • • • . • _ _ 58. All buildings shall have tile or metal roofs, or decorative parapet walls above the roofline, and buildings shall be finished in light subdued colors except for decorative trim. 68. Building heights shall be limited to one (1)-story and a maximum of thirty-five (35)feet. 748. All lighting facilities shall be architecturally designed,and limited to a height of twenty-five (25) feet., and shielded from neighboring residential land uses. 814. There shall be no ingress or egress on Santa Barbara Boulevard. However, this shall not preclude future access to Santa Barbara Boulevard via frontage road or access easement. Policy 5.2.3: [revised text, page 12] Recognizing the existing residential nature of the land uses surrounding the planned 1-75 interchange at Golden Gate Parkway, as well as the restrictions on conditional uses of the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, there shall be no further commercial zoning for properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. No new commercial uses shall be permitted on properties abutting streets accessing Golden Gate Parkway within the above-defined segment. This policy shall not apply to the Golden Gate Estates Commercial and Institutional Infill Subdistrict, which is located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. b)Golden Gate Parkway and Collier Boulevard Special Provisions [revised text, page 32] • Recognizing the existing residential nature of the land uses surrounding the 1-75 interchange at Golden Gate Parkway, there shall be no further conditional uses for properties abutting Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, except as permitted within the Golden Gate Parkway Institutional Subdistrict; the Golden Gate Estates Commercial and Institutional Infill Subdistrict; and, except as provided in subparagraph 1., below; and, except for essential services, as described in paragraph a), above. • Further, no properties abutting streets accessing Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, shall be approved for conditional uses except as permitted within the Golden Gate Parkway Institutional Subdistrict; the Golden Gate Estates Commercial and Institutional Infill Subdistrict; and, except as provided in subparagraph 1., below; and, except for essential services, as described in paragraph a), above. This provision shall not be construed to affect the area described in Paragraph a), above. (Words underlined are added,words struck ough are deleted) 3 EXHIBIT A PETITION CPSS-2011-2 ' LEGEND X01 - URBAN DESIGNATION ESTATES DESIGNATION AGRICULTURAL/RURAL DESIGNATION O MIXED T.au DISTRICT o RAN DISTaC. o ENT.ESTATES SUaDI,TRI° OVERLAYS AND GOLDEN GATE AREA RURAL DENSITY RESIDENTIAL SUBDISTRICT AL USES SUBDISTRICT SPECIAL FEATURES ®DD u CENTER °MEa�4 SUBDISTRICT p NORDBORD'D DEN,Ea 9Va BDT ® aRD,EDTIDN AREA D�RLAY FUTURE LAND USE MAP ■WTIm�1�=a. 10 •DINED USE ACTIM,r CENTER SUBDISTRICT .-% •a�°�,SID Ul,S 0ONMERC2U •MS uE SUBDISTRICT CIE , DENSTY RAMO E, ®SANTA 6AIRA0•COMMERCIAL 9MB"s,OET " N B ACTNtt CENTER BD B D T L DESERVED IN�C5„Ea,9TI5 C USE 9 WV) IMMOK ALEE ROAD ■COLLR BOULEVARD DMRCMI SUBDISTRICT •PN "�aD M.D UE U65TtiT •R ALL BMAEYARD COMMERCIAL 9UBR6TRIET I d N 10 LOtER.w.,ZERN ESTATES ❑ 000055001511500255500 AND o¢M1ER SUS6INICT ' .... NOM TWIS 14.CANNOT BE INTERPRETED VATHOUT INE COALS OILELMES.POLICIES Ala LAND USE DESIGNATION DESCRIPTION SECSON OP THE GOLDEN GAM AREA MASTER PLAN. 0 L PG CO > j OIL WELL ROAD a 7 F o m IMMOKALEE ROAD Z RANDALL BOULEVARD 0 m A 3 a DI VANDERBILT m BEACH ROAD Ej a m V GOLDEN GATE r7 BOULEVARD cd 0 Lam Q ti 0 PINE RIDGE RD. S WHITE BLVD. C2 J < GI a < SUBJECT SITE 7 > C 0 CPSS-2011-2 - 0 DI I E0 0 >e �0 i o a \ 0 w 0 R G.G.PKWY. ¢ 0 ' a E- cd O <`■ I O a > G DD INTERSTATE-75 S.R.84 F N DAVIS BOULEVARD _ r S.R.84 > n a O CO R O S 0 O n 8I+ 1 F 9r91 4 M 9,/, 0 • P: M.1 GOLDEN GATE FUTURE LAND USE MAP ADOPTED - FEBRUARY,1991 AMENDED - DECEMBER 4.2D07 ORD.N0.2007-77 00 AMENDED - NAT 19,1993 AMENDED - OCTOBER 14.2008 6 AMENDED - MAY 25.1993 ORD.NO.2008-59 > AMENDED - JULY 27,1993 AMENDED - JULY 28,2010 a ORD.N0.2010-31 =O (n AMENDED - APRIL 12,1994 AMENDED - JULY 28.2010 C1 1--I AMENDED - MARCH 14.1995 ORE.N0.2010-32 MD AMENDED - SEPTEMBER 14.2011 AMENDED - OCTOBER 27.1997 ORD.NO.2011-29 ____1J- F AMENDED - APRIL 14,1998 Q E. AMENDED - OCTOBER 23.2012 AMENDED - SEPTEMBER 8.1998 [3 Ld AMENDED - MEBRUARY 1999 O AMENDED - MAY 9,2000 0 AMENDED - MARCH 13,2001 AMENDED - MAY 14.2002 - AMENDED - SEPTEMBER 10,2003 SCALE ORD.NO.2093-44 AMENDED - OCTOBER 26,2004 O I 1 ORD.ND.2004-71 1 MI. 2 MI. 3 MI. 4 MI. 5 MI. AMENDED - JANUARY 25.2005 ORD.NO.2005-3 PREPARED BY:GIS/CAD MAPPING SECTION GROWTH MANAGEMENT DIVISION/PLANNING k REGULATION AMENDED - JANUARY 25,2007 DATE: B/2012 FILE:GGFLU-2012.DWG ORD.N0.2007-19 R26E I R27E I R28E EXHIBIT A PETITION CPSS-2011-2 GOLDEN GATE URBAN COMMERCIAL INFILL SUBDISTRICT AND GOLDEN GATE ESTATES COMMERCIAL AND INSTITUTIONAL INFILL SUBDISTRICT Z O11p*'� COLLIER COUNTY, FLORIDA s os Fin 3 H a N S O O p N NS ui PC r.j N N N N F W N Z i Oc ONry Or < O1 h r m M ^ W yl W W.. € " " WO 70 00 O UZO N Z N ~N ~ Z K N Z �Z O Z O U Z �w 1 1 I U i -6 0 00 w0 w0 w Q¢o [ [ F Q Q O N I CC J r -M'$IS�1L6£ I %S J.�31l1S-(6£ _156 1YO6 niNf1O3 I 03 O ❑ 1421,10 0 N cL H _ a -- > aa..coL- � — [ 01 W r W o °?o 3 0 _ [ m V vi n i 9c r3 n f Q _ c cn OC 1 o ___f_z_ 1 F__....1 ...___II__________i i__________ ____ fH=.= ----d1--- __ f . 1 ii____] [( � N N Zti W N Oa- I— / U W? X § 111 ,—_- %.H..............H I _ ' .6=___ T,_:: , .—._ � f W J I J I 2N U 0 0� _ Uth �_. -- -- Ili wZ� 1111161■—`—— —.FL1I;!1 6Y66Y6 vLNVS W rr�-z:rcr- rr. a 0<J Let ri: 111111111 S f 6 111111 � \ F N Uy CO 7U CO Agenda Item 9A �iUr1� eY Co►�.� ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: September 20, 2012 RE: PETITION CPSS-2011-2, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT [ADOPTION HEARING] AGENT/APPLICANT/OWNERS Agents: Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant: Joseph A. Rosin Naples Venture II, LLC and Naples Venture III, LLC 4951 Tamiami Trail North, Suite 11 Naples, FL 34103 Owners: Naples Venture II, LLC 4951 Tamiami Trail North, Suite 11 Naples, FL 34103 (Tract 112, Unit 30, GGE) Marvin E. Smith 5715 Golden Gate Parkway Naples, FL 34116 (E. 180 ft. of Tract 98, Unit 30, GGE) I. GEOGRAPHIC LOCATION: The subject properties, comprising 9.64± acres, are located in Golden Gate Estates at the northwest corner of the Santa Barbara Boulevard/Golden Gate Parkway intersection, in Section 1 Agenda Item 9A 29, Township 49 South, Range 26 East, located within the Golden Gate Planning Community. 7�A 7- al 90 Y7 _cb r 'l 51 • r roposgi ► � sk ''1it`ni)iiycti Project:- CPUD � P ojectSite -- T til#C r ',,OLDE'J GATE PARK IV=Y SANTA B&RA5RA 113 14. b � 7 pu 1! v2:1 PUS V15`�' T' y � —" -I rr d kr 1; N s pt6 A 71 _ 115 ` c4 II. REQUESTED ACTION: The applicant seeks to amend the Golden Gate Area Master Plan (GGAMP) text, Future Land Use Map and the Golden Gate Estates Commercial Infill Subdistrict Map by: 1. Expanding the Golden Gate Estates Commercial Infill Subdistrict within the Estates - Commercial District by 2.8± acres and providing for the proposed land use and development standards changes; 2. Amending Policy 5.2.3 to allow the subject request — the expansion of the Golden Gate Estates Commercial Infill Subdistrict by 2.8± acres; 3. Amending the Conditional Uses Subdistrict, Golden Gate Parkway and Collier Boulevard Special Provisions Section, to provide for an exception for the subject Subdistrict; and 4 4. Revising the Future Land Use Map and the Golden Gate Estates Commercial Infill Subdistrict Map —to depict the expansion area and change in Subdistrict name. The proposed amended Subdistrict text is as follows: (Single underline text is added, single strikethrough text is deleted — as proposed by the petitioner and as modified by staff. Staff and the petitioner are in agreement with the proposed text changes to the Subdistrict, with the exception of the double underlined and double text within provisions f) 4. and f) 8. 2. ESTATES DESIGNATION B. Estates — Commercial District 5. Golden Gate Estates Commercial and Institutional Infill Subdistrict [revised text, page 46] This Subdistrict consists of two infill areas. The two areas are located at the northwest corner of Collier Boulevard and Green Boulevard and at the northwest corner of Santa Barbara Boulevard and Golden Gate Parkway. Due to the existing zoning and land use pattern in proximity to the Estates Commercial and Institutional In-fill Subdistrict (see Agenda Item 9A Golden Gate Urban Commercial Infill Subdistrict and Golden Gate Estates Commercial and Institutional Infill Subdistrict Map) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: • Low intensity commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and • Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91- 102), adopted October 30, 1991. b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan). c) Projects within this Subdistrict shall make provisions for shared parking arrangements with adjoining commercial developments when appropriate. d) Driveways and curb cuts for projects within this Subdistrict shall be consolidated with adjoining commercial developments. e) Access to projects shall not be permitted from Collier Boulevard. f) Any project located within this Subdistrict at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard (properties include the East 180 feet of Tract 98, Unit 30 and Tract 112, Unit 30, Golden Gate Estates), less and except an easement for Santa Barbara Boulevard right-of-way, shall be subject to the following additional development restrictions: 12. Permitted bland uses shall be restricted to offices only limited to Group Housing for seniors, including Independent Living Units, Assisted Living Units, Continuing Care Retirement Communities, Skilled Nursing Facilities, and similar uses, not to exceed a maximum F.A.R. of 0.45; and medical office use, not to exceed 5,000 square feet. 23. All principal structures shall be required to have a minimum setback of on a ham- red {100)fifty (50) feet from the project's northern and southern boundary. 34. landscape buffers, and similar uses. Buffers: the following minimum project buffers, as set forth in Section 4.06.02 of the Collier County Land Development Code, Ordinance No. 04-41, as amended, in effect [as of the date of adoption of this amendment, shall be provided. West: 25' wide type C. North: 25' wide type C. East: 25' wide type D. South: 25' wide type D. 3 Agenda Item 9A 5. The western sixty (60) percent of the site shall have an outdoor pedestrian friendly area, and brick pavers. 4. Native vegetation shall be retained within the project buffers on the northern and western project boundaries, wliefe.4emIsile4e exce•t as ma be necessa for exotic ve.etation removal and for cons ruction of the •rivac wall. All Re Ettikifed supplemental plantings re•uired b the Land Develo•ment Code shall be native species. The northern buffer adjacent to the southern boundary of Tract 111, Golden Gate Estates, Unit 30, may also be utilized for the native vegetation preservation requirements for the project and shall include a concrete or pre-cast concrete privacy wall at a minimum of 6 feet in height, which shall be located on the southern boundary of the buffer/preserve. No setback from the buffer/preserve shall be required for this wall. The North 330 feet of Tract 98, Unit 30, GGE, shall be limited to native preserve and water management areas, except that a vehicular drive and/or wall may be located within this area. Native vegetation preservation areas may be utilized for water management purposes, when it can be demonstrated that the use for water management will not be harmful to the native vegetation, as provided for in Policy 6.1.1 of the Conservation and Coastal Management Element. 7. A minimum buffer of thirty five (35) feet in width shall be provided along the project's - --- -- - - - - - -- -_ - . _ . . e- _-. _ .- _ _ -_ ' boundary. A minimum buffer of fifty (50) fect in width shall be provided along the western boundaries. These buffers shall be supplemented with Oak or Mahogany trees planted a ce fence, or hedge that will, within two (2) years of planting, grow to a minimum height of 58. All buildings shall have tile or metal roofs, or decorative parapet walls above the roofline, and buildings shall be finished in light subdued colors except for decorative trim. 69. Building heights shall be limited to one (1)-story and a maximum of thirty-five (35) feet. 71-0. All lighting facilities shall be architecturally designed, and limited to a height of twenty-five (25) feet,. Such lighting facilities shall-bc and shielded from neighboring residential land uses. 81-1-. There shall be no ingress or egress on Santa Barbara Boulevard. However, this shall not preclude future access to Santa Barbara Boulevard via a frontage road or access easement to the north of the subject site. 4 Agenda Item 9A The proposed change to the Policy 5.2.3 is as follows: Policy 5.2.3: [revised text, page 12] Recognizing the existing residential nature of the land uses surrounding the planned 1-75 interchange at Golden Gate Parkway, as well as the restrictions on conditional uses of the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, there shall be no further commercial zoning for properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. No new commercial uses shall be permitted on properties abutting streets accessing Golden Gate Parkway within the above-defined segment. This policy shall not apply to that existing portion of the Golden Gate Estates Commercial and Institutional Infill Subdistrict, which is located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. The proposed change to the Conditional Uses Subdistrict, Golden Gate Parkway and Collier Boulevard Special Provisions as follows: b) Golden Gate Parkway and Collier Boulevard Special Provisions [revised text, page 32] ******************************* ****Text Break********************************************* • Recognizing the existing residential nature of the land uses surrounding the 1-75 interchange at Golden Gate Parkway, there shall be no further conditional uses for properties abutting Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, except as permitted within the Golden Gate Parkway Institutional Subdistrict; the Golden Gate Estates Commercial and Institutional Infill Subdistrict; and, except as provided in subparagraph 1., below; and, except for essential services, as described in paragraph a), above. • Further, no properties abutting streets accessing Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, shall be approved for conditional uses except as permitted within the Golden Gate Parkway Institutional Subdistrict; the Golden Gate Estates Commercial and Institutional Infill Subdistrict; and, except as provided in subparagraph 1., below; and, except for essential services, as described in paragraph a), above. This provision shall not be construed to affect the area described in Paragraph a), above. III. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting approval to expand the Golden Gate Estates Commercial Infill Subdistrict by 2.8+ acres; revise the Subdistrict name to "Golden Gate Estates Commercial and Institutional Infill Subdistrict"; allow Group Housing for seniors, including: Independent Living Units, Assisted Living Units, Continuing Care Retirement Communities, Skilled Nursing Facilities, and similar uses — not to exceed a maximum F.A.R. of 0.45; allow medical office use — not to exceed 5,000 square feet ;and, modify development standards. IV. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject request includes 2 parcels in Unit 30, Golden Gate Estates: • Tract 112 is approximately 6.84 acres and undeveloped; zoned PUD (Colonnades at Santa Barbara Commercial Planned Unit Development) with an approval for up to 27,000 square feet of office development, with a Corridor Management Overlay (CMO) on a portion of the site; and designated Estates — Commercial District, Golden Gate Estates Commercial Infill Subdistrict on the GGAMP Future Land Use Map. 5 Agenda Item 9A • Tracts 98 is approximately 2.8+ acres and developed with a single-family home; zoned E, Estates, with a CMO on a portion of Tract 98; and designated Estates Mixed Use District, Residential Estates Subdistrict on the GGAMP Future Land Use Map. Surrounding Land Uses: North: Developed, single family residences; zoned E, Estates; and designated Residential Estates Subdistrict on the GGAMP Future Land Use Map. South: Across Golden Gate Parkway, developed, single family residences and a church; zoned E, Estates, with a CMO on a portion of the properties, and with a Provisional Use for a church; and, designated Residential Estates Subdistrict on the GGAMP Future Land Use Map. West: Developed, single family residence; zoned E, Estates, with a CMO on a portion of the property; and designated Residential Estates Subdistrict on the GGAMP Future Land Use Map. East: Across Santa Barbara Boulevard, developed, shopping center; zoned C-4, General Commercial; designated Urban — Mixed Use District, Urban Residential Subdistrict; and residential multi-family units, zoned RMF-6 and RMF-12, Residential Multi- family (6 and 12 units/acre); and designated Urban — Mixed Use District, Urban Residential Subdistrict. V. BACKGROUND AND ANALYSIS: 1) Background: • Previous Site Approvals/Denials — In 1999, a portion (6.84± ac.) of the site was the subject of a Growth Management Plan amendment (GMPA) request (Petition CP-99-2) for retail and office uses; the BCC did not approve the petition. In 2000, a revised version of the 1999 petition, with additional retail uses, was submitted (Petition CP-2000-7); the BCC approved the petition, but limited development to office uses only. (This 6.84+ acre parcel is presently zoned PUD, Colonades at Santa Barbara.) In 2005, the project site (plus Tracts 111 and the West 150 feet of Tract 98, Unit 30, GGE) was the subject of a GMPA request (Petition CP- 2005-5) to expand the Subdistrict by 11.6± acres, to allow up to 115,000 square feet of intermediate commercial and general office uses and allow residential uses at 15 dwelling units per acre; the BCC did not approve the petition. • Golden Gate Area Master Plan (GGAMP) — Locational criteria limiting commercial and conditional use development in the Estates designation were established with the adoption of the GGAMP in the Growth Management Plan in 1991: GGAMP— 1991 • Commercial development was limited to Estates Neighborhood Centers, site-specific commercial subdistricts, and existing commercially zoned lands. • Conditional use development, except essential services, was limited to Estates Neighborhood Centers, infill development on Golden Gate Parkway and on the west side of C.R. 951, and transitional areas—adjacent to certain non-residential uses. 6 Agenda Item 9A 1-75 Interchange and surrounding land uses • Resulting from the State's approval to fund and construct the 1-75 Interchange at Golden Gate Parkway, the Board of County Commissioners (BCC) approved Resolution 2001- 56 establishing an Ad Hoc Advisory Committee to provide recommendations on the appearance and landscaping of the interchange. The Committee was specifically tasked with creating an "overlay" district for the interchange to, minimize impacts to property owners, preserve the residential character of the area, and establish landscaping provisions consistent with creating a "gateway" into Naples and Golden Gate. GGAMP Re-study Committee — GGAMP Policy 5.2.3 and revisions to the Estates, Conditional Uses Subdistrict: • The GGAMP Re-study Committee was formed, in part, to study the land use needs of the Golden Gate Community, such as commercial, community facility and institutional uses. County staff worked with the Committee to identify appropriate areas to locate new commercial development and conditional uses within the Estates and Golden Gate City. Committee recommendations to the BCC included added provisions for conditional use development, expansion and creation of Neighborhood Centers within the Estates, and the expansion and creation of commercial/mixed-use subdistricts within Golden Gate City. The Re-study Committee also identified areas that were inappropriate for new commercial and conditional use development. One such area identified by the Committee was the Golden Gate Parkway corridor, between Livingston Road and Santa Barbara Boulevard. In 2003, the Re-study Committee met with "I-75/Golden Gate Parkway" Ad hoc Committee members to discuss desired land uses for the area surrounding the interchange. As a result, the Re-study Committee recommended to the BCC provisions that would prohibit new commercial and conditional use development along Golden Gate Parkway in the Estates. Committee recommendations for expanded commercial and conditional use opportunities and the restriction of these uses in certain areas governed by the Master Plan were adopted by the BCC in 2003 and 2004, as part of the Phased Re-study Amendments to the GGAMP. GGAMP—Present • Commercial development is limited to Neighborhood Centers, site-specific commercial subdistricts, and existing commercially zoned properties. • Conditional use development, except essential services and model homes, is limited to Estates Neighborhood Centers, infill development on the west side of C.R. 951 and transitional areas —adjacent to certain non-residential uses or adjacent to Neighborhood Centers, and two site-specific locations — one on the west side of C.R. 951 and one on the south side of Golden Gate Parkway. 7 Agenda Item 9A 2) Environmental Impacts: The environmental report prepared by Boylan Environmental Consultants, Inc. and submitted with this petition, dated April 20, 2011, indicates the following: • The subject site consists of a residential use, pine flatwoods, Brazillian Pepper, drained Cypress wetlands, and disturbed lands. Vegetation on site includes slash pine (Pinus elliottii), cypress trees (Taxodium distichum), Dahoon holly, and cabbage palms (Sabal palmetto). The properties contain hydric and non-hydric soils. • The subject site does not exhibit wetland characteristics. No hydrologic indicators were present onsite. • The listed species survey conducted concluded that there were five potential Big Cypress Fox Squirrel day beds observed onsite. Prior to site clearing, the site will be resurveyed for stick nests to determine if Big Cypress Fox Squirrels are actively nesting on the property. If determined to be actively nesting, no clearing or construction shall occur within 125 feet of the tree or distance approved by the Florida Wildlife Commission (FWC) guidelines until the nesting is deemed completed and approved by the FWC or County staff. A Senior Environmental Specialist with the Collier County Surface Water and Environmental Planning Section reviewed the environmental report and provided the following comments: • No special environmental concerns are associated with the establishment of the Subdistrict on the proposed site. • Native vegetation retention shall be determined at the time the property is rezoned, in accordance with the Conservation and Coastal Management Element. Additionally, a preserve management plan, including habitat management for listed species (Big Cypress fox squirrels), if required, shall be included with the Site Development Plan. Historical and Archeological Impacts: • The Florida Master Site File lists no previously recorded cultural resources in Section 29, Township 49 South, Range 26 East, Collier County, Florida. Additionally, because of the project location and/or nature it is unlikely that any such [historic or archaeological] sites will be affected. The Florida Department of State is of the opinion that the proposed project will have no effect on historic properties listed, or eligible for listing, in the National Register of Historic Places. 3) Transportation Element/Traffic Impacts: A Project Manager with the Collier County Transportation Planning Section reviewed the Transportation Impact Statement (TIS) and TIS Addendum, and provided the following comments: • Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) addendum and has determined that the proposed Growth Management Plan Amendment proposes a less intense use than what is currently allowed by the Growth Management Plan. As such, the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period, and the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) without mitigation. 8 Agenda Item 9A • Golden Gate Parkway Impacts: The first concurrency link that is impacted by this project is link 21, Golden Gate Parkway, between Santa Barbara Boulevard and 1-75. The project generates 31 PM peak hour, peak direction trips, which represents a 0.8% impact. This segment of Golden Gate Parkway currently has a remaining capacity of 1,882 trips, and is currently at LOS "C" as reflected by the 2011 AUIR. This roadway segment is located within the East Central TCMA, in which 90% of the lane miles currently meet the minimum standard. There are no subsequent links significantly impacted. 4) Additional Public Facilities Impacts: • Water and Wastewater: The subject project will be served by Florida Government Utility Authority. The anticipated demand for potable water and wastewater for the project is 14,685 gallons per day. • Solid Waste: The service provider is Collier County Solid Waste Management. The 2011 AUIR identifies that the County has sufficient landfill capacity up to the year 2041 for the required lined cell capacity. The project construction time line is approximately 12 to18 months. • Drainage: The Subdistrict is located in Flood Zone X. Future development is expected to comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of storm water events by both on-site and off-site improvements. • Parks and Recreational Facilities: No adverse impact to park facilities is expected as a result of this project. • Schools: There will be no students generated from the proposed development. • EMS, Fire, Police and County Jail: The subject project is located within the Golden Gate Fire District. The nearest fire station and EMS services and sheriff's substation are located on Golden Gate Parkway, approximately one mile east of the project site. The expansion of the Subdistrict with the proposed group housing units is anticipated to have minimal impacts on these safety services and jail facilities. 5) Appropriateness of Change, Justification, Needs Analysis, and Compatibility: • Appropriateness of Change: Estates designated properties located along collector and arterial roadways are increasingly being targeted for non-residential development — commercial, community facilities and institutional uses. County staff regularly receives inquiries about changing the Growth Management Plan to allow these land uses on properties located within the Estates Mixed Use District, Estates Residential Subdistrict — primarily intended for low density residential development. As demand for these non-residential uses increases, local government must be responsive to the community's needs while preserving the community's overall vision as expressed through the Golden Gate Area Master Plan (GGAMP). Relevant to the subject Petition, the I- 75 Interchange at Golden Gate Parkway was, in part, approved and constructed to alleviate traffic congestion at other interchanges in the County. The resulting impacts from the approval — noise, increased traffic volumes, right-of-way acquisition, and potential commercialization of Golden Gate Parkway — was realized immediately by surrounding residents. The Board of County Commissioners (BCC) responded by establishing a committee to provide recommendations on the appearance and landscaping of the interchange with the intent of preserving the residential character of the area and minimizing 9 Agenda Item 9A impacts to property owners. Additionally, County staff worked with the community via the GGAMP Re-study Committee to recommend provisions be added to the Plan to prohibit the approval of any new commercial zoning and conditional uses along Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. The BCC approved these prohibitions in 2004. Although these prohibitive provisions exist in the GGAMP, staff acknowledges that it would be appropriate to consider any unforeseen changes in conditions that have occurred since 2004 that would warrant a modification of, or exception to, Policy 5.2.3 and/or the Conditional Uses Subdistrict of the Estates— Mixed Use District. Subsequent to the adoption of the referenced prohibitive provisions, the Board of County Commissioners, in 2007, approved a Growth Management Plan amendment (GMPA) that allowed the David Lawrence Center (located along Golden Gate Parkway, approximately ' mile west of the subject site) to expand their site by approximately 5 acres; add new institutional uses and associated medical offices; and expand the existing institutional uses and community facility uses. The petitioner provided data and analysis to demonstrate need for those uses at that location. Similar to the above referenced GMPA approval, the petitioner for the subject GMPA has provided a statement of justification and a needs analysis to demonstrate that the proposed Assisted Living Facility and Alzheimer's Care Units are warranted at the subject location. • Justification: Justification for the proposed amendment is located within the Explanation/Justification for Proposed Amendment document and Exhibit V.D., Market Feasibility Study, as provided by the applicant/agent. The applicant's justification is summarized below (Numbers 1 — 4) in italicized text, followed by staff comments within brackets: 1) The proposed land use change from office uses to Group Housing for seniors [and up to 5,000 square feet of office uses], including the addition of approximately 2.8 acres, will result in an overall lessening in intensity of development. [Generally, a group housing use for seniors is considered a less intense use than commercial development within the standard zoning land use hierarchy. However, a project should be further evaluated for public facility impacts and compatibility with surrounding land uses in order to determine the overall increase or decrease in a project's intensity. The public facilities analysis completed for the subject GMPA, comparing the existing land uses (approved for office development but not built) to those proposed, identifies that the group housing use will require a greater demand on water and sewer services (project is served by Florida Governmental Utility Authority), a decrease in solid waste generation, and a decrease in traffic generation. Finally, the compatibility assessment of the existing and proposed uses with the surrounding land uses reveals the following. a. Noise: (1) Office development (existing) — Hours of operation for typical office use are from 8:00 a.m. to 5:00 p.m., Monday through Friday/Saturday; minimal activity occurs outside those hours. Traffic volumes may peak during various intervals throughout the day. (2) Group Housing (proposed) — Hours of operation are 24 hours a day, 7 days per week. Traffic is limited to employees, guests, deliveries to the facility and those seeking services within the facility. Generally, such institutional uses are viewed as being residential in nature. Though traffic volume is less, some traffic noise would be experienced during the day and nighttime hours. 10 Agenda Item 9A b. Light/glare: (1) Office development (existing) — Since hours of operation are typically during day light hours, most lighting would be for security purposes, i.e. lights around perimeter of building and some parking lot lighting. (2) Group Housing (proposed) — in addition to security, parking lot, and perimeter building lighting, some lighting/glare from vehicle traffic would occur during nighttime hours. c. Buffering: (1) Office development (existing) — The northern property line buffering varies from 35 feet to 75 feet; western property line buffering is 35 feet; and the buffering along Santa Barbara Blvd. and Golden Gate Parkway frontage is 25 feet. (2) Group Housing (proposed) — All property line buffering is 25 feet, except that the north and west buffers require additional plantings. d. Setbacks: (1) Office development (existing) — Building setback requirements are 100 feet from the northern property line and 40 feet from Golden Gate Parkway. (2) Group Housing (proposed) — Building setback requirement is 50 feet from the northern and southern property lines. e. Building mass: (1) Office development (existing) — Limited to 1-story and a maximum of 35-feet, and up to 35,000 square feet of developable space on 6.84+ acres. (2) Group Housing (proposed) — Limited to 1-story and a maximum of 35-feet, and up to 5,000 square feet of office development, 120 ALF/Alzheimer's units for a total square footage of 69,500 on 9.64+ acres. f. Aesthetic considerations: (1) Office development (existing) — Development must adhere to the County's Architectural Guidelines. The existing development (approved but not built) is required to provide a minimum 500 sq. ft. of park area with patio and benches. (2) Group Housing (proposed) — Proposed project will provide preserve area in northwest portion of the site. 2) The property addition (2.8± acre tract) is unique in that it is the only Estates zoned property adjacent to commercially zoned property on Golden Gate Parkway. [The applicant's statement is correct; however, the current commercial designation on the property was approved through a Comprehensive Plan change in the year 2000, which resulted in the current condition. Regardless, the expansion of the existing site to include the requested acreage would provide a viable site for the development of the proposed Group Housing use. Further, the approval of this proposed use would provide a complimentary institutional use adjacent to residential development, and may also discourage the expansion of additional non-residential uses immediately north and west of the subject site.] 3) The property is proximate to its targeted demographic, area hospitals and major transportation routes. [The subject site is located proximate to 1-75 (approximately 1- mile), which provides convenient access to area hospitals — North Collier Hospital, and Physicians Regional Hospital (both the Pine Ridge and Collier Blvd. locations). Additionally, based on the applicant's needs analysis the aging population (65+) within the market area is estimated at 27,065 and anticipated to exceed 31,000 by year 2015. 4) There is current and future demand for group housing uses in central Collier County and within the Golden Gate area. [As noted in the applicant's Needs Analysis document, the 11 Agenda Item 9A area is currently underserved by as many as 442 ALF units and 429 Alzheimer's care units. • Needs Analysis: The market feasibility/needs study submitted by the petitioner in support of the proposed amendment was prepared by Province Valuation Group. Below is a summary of the preparer's findings and conclusions in italicized text, followed by staff comments within brackets. • Competing ALF and Alzheimer's care facilities within the project's market area (The table below reflects the applicant's data as consolidated by staff): FACILITY ASSITED LIVING ALZHEIMER'S Care Units Units Arden Courts(Located on Rattlesnake Hammock 26 Rd., east of County Barn Rd.;and, the facility has an occupancy rate of 96%) Barrington Terrace(Located on Tamiami Trail East, 45 15 south of Rattlesnake Hammock Rd.;and, the facility has a 91% occupancy rate for the ALF units and 90% occupancy rate for the Alzheimer's units) Lely Palms Retirement Center(Located on Lely 8 Palms Drive,south of Rattlesnake Hammock Rd.; and, the facility has a 99%occupancy rate) Terracina Grand(Located on Davis Blvd., west of 137 33 Santa Barbara Blvd.;and, the facility has a 100% occupancy rate for the ALF units and 97% occupancy rate for the Alzheimer's units) TOTALS(Adjusted Supply) 190 74 [The table above identifies the four competing assisted living/Alzheimer's care facilities within the project's market area. The total available units have been adjusted to account for occupancy rates and rollover rates. The total adjusted supply of potential units within the petitioner's market area is 190 assisted living units and 74 Alzheimer's care units.] • Demonstrated need over the planning period (The tables below reflect the applicant's data as consolidated by staff): Alzheimer's Demand 2010 2015 65-74 75-84 85+ Total 65-74 75-84 85+ Total Primary Market Area Population 14,264 9,761 3,040 27,065 17,052 10,375 3,637 31,064 Adjusted Demand (accounts for utilization rate and market draw of 70%) 230 724 954 245 866 1,110 Total Projected Supply 74 74 Net Adjusted Supply (projected supply of 74 units, adjusted for occupancy and rollover, divided by 3;Y to account for total beds within each respective age cohort) 32 32 64 32 32 64 Aomitik Forecasted Demand 198 692 890 213 834 1,047 Income Qualified 51% 47.4% 61% 58% Net Demand 101 328 429 130 483 613 12 Agenda Item 9A Assisted Living Demand 2010 2015 65-74 75-84 85+ Total 65-74 75-84 85+ Total Primary Market Area Population 14,264 9,761 3,040 27,065 17,052 10,375 3,637 31,064 Total Adjusted Demand (All ages (65-85+) and income qualified and primary market 686 856 draw-70%) Total Adjusted Supply (190 unit count ad]. by occupancy rate of 90% 244 244 and rollover rate of 30%) Net Demand 442 612 [The tables above identify the current and projected demand for assisted living/Alzheimer's care units within the project's market area. The targeted age for the ALF units is 65+ and 75+ for the Alzheimer's care units and the income qualifications were set at $35,000/year and $50,000/year for ALF and Alzheimer's care units respectively. The data and analysis contained within the market study for the proposed Group Housing use, specifically Assisted Living Facility (ALF) Units and Alzheimer's Care Units, indicate that the project's market area is presently underserved by as many as 442 ALF and 429 Alzheimer's units; and the projected demand will be approximately 612 ALF and 613 Alzheimer's units by year 2015. Further, other similar competing facilities located within the project's market area are currently operating, on average, at 90% capacity. Based on the provided data, it appears that demand exceeds supply in this area. Additionally, in 2012, GIS staff inventoried properties similar in size to the project acreage, within the same market area, to determine if other properties could accommodate a similar facility without an amendment to the Golden Gate Area Master Plan. Staff determined that there were approximately 9 potential qualifying properties. However, these properties were not centrally located within the defined market area, as is the subject site, and did not have similar roadway access. The map on page 14, prepared by the GIS staff in 2011, depicts all existing and proposed/approved, not yet built, ALFs (PUD zoning only) in western Collier County, including Ave Maria. Based on the review of this map, and review of approved conditional uses for ALF use, it appears that there are no approved ALFs located within the Golden Gate Urban area or elsewhere within the immediate vicinity of the project site.] 4 13 � Agenda Item 9A GC� CocL�nty EXISTING & PENDING ALF PROJECTS IN COLLIER COUNTY I i i ( i \ AVE MARIA INSET CORKSCREW RD o b IMMOKALEE RD E ______4 1� �� / D — 1 <) c � c • '\!,__,S) co-\ -._.. CR 85B IMMONALEE ED -` c I NITA BEACH CANTERBURY 1 .L T _ m.Ar uxrER — —_ N K • ` -/ LEE COUNTY LINE o �� Agent aLExwrARBOR TRACE `\ / O BENTLEY vlLUCE \ `• A L LOOSES PUD CORNER __ _ //' • S1 Z ORANGETq EE PUO 1 ..sG< JUNIPER TILLAGE AT NAPLES CR 656 OfOR SILL er DRRE \x LIBy Led )G ! Y ��' }l _ie UAll 11 IU0 ' VD D'11 TN AVE _ •d IMMOKALEE RD ___ HE T AarsTOCRAT I I.e,c • BLT SFALH , l ASSISTED LIMO NONE I PELIC.iM I D_ • i SONOMA OAKS PUD m V- . A ' "r r.. -- - ,'VA i.ERBILTB CH RD _ MERRRL WIDENS AT NAPLES •GARDENS / A \• d1ENA NDER IVO �{L I A I l CAUE05 TTRUSI IUO Y� IRS)BAPTIST 'Ei GOLDEN GATE BLVDW �'cf C NAPLES K NAPLES DM LLC 9 Of £S NORTH UEI PLEJ ! O KI S UNITED RCN METHODIST _ 1')PINE RI RD 'V-0 _ '1 j O NAPLES m j CNRURCN f U oacxO I I Sa i 'NCH IsT PUD GREEN BLVD m YOORINGS.PARK O _ O a • O I - .- CI GOLDEN GATE m PAR"ID' GDLDEN• s CPSS-211-2 _p / i �� � JAR ECINO PUO HOMEWOOD REEIOENCE RADIO RD '�,_ AT NAPLES ._ TEMCINA GRAND 1 .?11-:. DAVIS BLVD MAxwECARE AT LET PALMS il {— URN �I . RATE CO D ERR D PO I�J � \ io . Y . 'rr e MCMUCC PR RHO T %SI�►' ...... II�I� HACIENDA LANES PUD BMR\p1�TE TERRACE OF NAPLES `L ELY PU JOR.I �i�Y/ •NpS END AgDFN COURTS OF LELT PALMS UD \� _-_ NAME INTENSITY \ Addles Canty PUD FAR 080 • - �/ \ bbor Gkn Mba Tnce 211 bed, .'.�a�/ Ardev Caleb b Lely Pans SB beds •- . \,..':.p-`9- r� Aden Gardens at Pelican Marsh 120 Gds �' N. Ave Maria DRI 950 Gds Poposea A`9� `.`Bo b2bn Terrace of Napes 135 Gds Bentley Vino 72 Gds,Sidled Washy;100 ar t Baptist Gardens 133 beds F a,Gal C ONS of N.M. 50 beds Elbned • \ �^ GOUen Gab Commerce Perk PUD 200 beds aimed Good Tom Center PUD 200 beds P Amend.LOU.PUD FAR 0.80 Harbor Memory Care 00 Gds Legend !n Harbordlaee W Naples 40 bens Hanlwod Residence el Naples 112 beds • Existing ALF Facilities � � a G "puce' 70 beds : C: >s beat land.EM FR10 18 beds slowed Approved PUD with ALF Use -LLV S' '°N R••a'PUP FAR G.eD /-1- MarwNan a LaM girls 117 bMs / °[f, P '• McMullen PLO FAR 0.80 OZPUD Currently Under Review w Mena Gardens•'Naples 150 Sea: with ALF Use R, Mooing,Pe*PUD 150 beds ,� .. 'i..+S`^ Nantes Club U of curia Piro 200 0.50 _^ Naples Club LLC 110 beds \ — Major Roads Ti c Orchid i Tres PUD FAR 080 t 00 Seas D \ Pa1F n Marsh P1)0 ILI WS Y i ij.. CM i PUD 950 beds AR,0.80 \ 0 1 2 4 6 � — Sian La PUP FAR o.eo O 11,E Sian talus PUD Bo beds,]CO Independent l.iASH bads =1.111 Miles 7 09e '-t Oslo D oobye.beds d3 Mapping:Belk Yang.MCP l ty� /�.=1 �+i, ., The Cam•1 M•rG8• 10 beds TetlNxrbcy 8 GIS SoGPod I T�'c`c '✓ -`Vener:lWBeech Napes LF Home 150 Gds Fie:FIGISIDaISReyraY/CdierMFAO(19 {�.sJT 13 beds S ] •� MeNiITliael PUD 200 Gds Fm Q � c beds z...� 14 Agenda Item 9A • Existing and potential office square feet proximate to subject site: As previously noted, a portion of the subject site (6.84±acres) is zoned and designated for up to 35,000 square feet of office space (C-1 intensity). Staff previously inventoried the existing and potential supply of office square feet located in the Golden Gate Urban area, within the vicinity of the subject site. The inventory includes an estimated 975,000 square feet of existing and potential office space within the general area of the subject site. Of this, approximately 700,000 sq. ft. is designated and/or zoned to allow office uses, including potential acreage within the Santa Barbara Commercial Subdistrict (22± acres) and the Downtown Center Commercial Subdistrict (52± acres); and, southeast of the site, across Santa Barbara Boulevard, is the Golden Gate Parkway Professional Office Commercial Subdistrict with a potential net supply of approximately 275,000 sq. ft. of office space. Based on staff's analysis, it appears that there is an adequate supply/opportunity for office development proximate to the subject site. However, based on the project submittal and staff review, there is an unmet need for group housing uses for the aging population within the project's defined market area. • Project Compatibility: The four quadrants at the intersection of the Golden Gate Parkway and Santa Barbara Boulevard are zoned and/or designated for non-residential development. The northeast quadrant is designated Urban; zoned C-4, general commercial; and is developed with a shopping center, consisting of neighborhood commercial uses. The southeast quadrant is designated Urban — Golden Gate Parkway Professional Office Commercial Subdistrict - limited to office development; undeveloped (and is County-owned). The southwest quadrant is designated Estates with a Provisional Use; zoned E, Estates; and is developed with a church and private school with related facilities. The northwest quadrant (the 6.8-acre parcel that is part of this petition) is designated Golden Gate Estates Commercial Infill Subdistrict; zoned CPUD, Commercial Planned Unit Development, approved for office uses only; and is undeveloped. The proposed group housing use is generally residential in nature, complimentary to the surrounding residential development, and does not generate significant traffic. The subject property is currently, and will remain after construction, buffered from the adjacent residential development north and west of the site, and along Golden Gate Parkway and Santa Barbara Boulevard. Additionally, the proposed group housing facility will be sized to an appropriate scale — limited to one-story (35 feet), with a floor area ratio of 0.22 (based on the conceptual plan and square feet identified within the market feasibility study) —ensuring that offsite impacts (i.e. noise, visual, etc.) are negligible. VI. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The Neighborhood Information Meeting (NIM) was held on May 1, 2012, after the applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land Development Code. Approximately 9 people attended the NIM, held at the Golden Gate Community Center, located at 4701 Golden Gate Parkway. 15 Agenda Item 9A • The following is a synopsis of the meeting: D. Wayne Arnold, agent for the applicant opened the meeting at 5:40 p.m. Representatives for the project in attendance were Richard Yovanovich with Coleman, Yovanovich and Koester, P.A., Brandt Henning and Rey Pezeshkan with PK Studios, Anthony Mansolillo representing Naples Venture II and III, LLC. Michele Mosca representing Collier County also attended. A sign-in sheet was provided at the entrance of the meeting room. At the time the meeting began, seven members of the public were in attendance. Six of those individuals signed in. Mr. Arnold began the information meeting by introducing the Owner/Developer representatives and County Staff. He then explained the Comprehensive Plan Amendment Petition request and described that the developer was proposing an amendment to the Golden Gate Master Plan to add a 2.8± acre parcel and amend the permitted uses to permit a variety of senior housing types and medical office uses. Mr. Arnold displayed a conceptual color rendering of the proposed development and proceeded to describe the exhibit. He then explained the history of the site and described the location, type and size of the buffers and where the access point would be located. The Comprehensive Plan process was explained and the tentative hearing dates were provided to the meeting attendees. Mr. Arnold concluded his presentation and asked for comments or questions from the meeting attendees. Questions asked were regarding the maximum height of the structures, total square footage of building and total number of units. Mr. Arnold explained that the proposed development would consist of a total of 120 beds with a 5,000 square foot inpatient/outpatient rehabilitation center with a maximum height of 2 stories at 35 feet. Adjacent property owners to the north expressed concern over the building square footage and the height of the proposed buildings. There was a lengthy discussion between the owners and project representatives which culminated in all parties agreeing to have a follow- up meeting to discuss their concerns and to determine whether site and building changes could be made to address their concerns. Mr. Arnold invited anyone with further questions to call his office or to contact Ms. Mosca. Copies of the strikethrough and underline version of the proposed language changes were offered and distributed to the meeting attendees. The meeting was adjourned at approximately 6:10 p.m. [Synopsis prepared by the Applicant and supplemented by M. Mosca, Principal Planner] VII. FINDING AND CONCLUSIONS: • The proposed request to expand the existing Subdistrict by 2.8+ acres to allow group housing uses and the retention of up 5,000 square feet of commercial development is inconsistent with Policy 5.2.3 of the GGAMP, which prohibits new conditional (and commercial) uses on properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. However, according to the applicant the inclusion of the 2.8+ acres is needed in order for the Group Housing development to be viable at the proposed location. Additionally, approximately 1.63 acres of the subject tract is dedicated to water management, preserve and landscape buffer areas. Further, staff concurs with the applicant that there is a demonstrated need for the proposed group housing use within this area. • The market analysis submitted with the application indicates that the project's market area is presently underserved by as many as 442 ALF and 429 Alzheimer's units; and the projected demand will reach approximately 612 ALF and 613 Alzheimer's units by year 2015. 16 Agenda Item 9A • The proposed development of approximately 120 ALF (98) and Alzheimer's care units (28) will meet a portion of the unmet senior group housing need within the area proximate to the site, and afford area residents an opportunity to house aging family members in close proximity to their primary residences. • There are other similar-sized parcels within the project's market area, however none are centrally located like the subject site. • The proposed facility's location proximate to existing residential will likely reduce vehicular trips on the surrounding roadways, and provide additional professional medical employment and service personnel jobs within the area. • The proposed group housing use is generally residential in nature, complimentary to the surrounding residential development, and does not generate significant traffic. VIII. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's office. IX. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CPSS-2011-2 to the Board of County Commissioners with a recommendation to approve for adoption and transmit to the Florida Department of Economic Opportunity. Prepared By: Date: �- 7 -iL Mir chele R. Mosc , AIC-P, Principal Planner Comprehe�✓i e Planning Section, Land Development Services Department LIU Reviewed By: Date q 7 j2 David Weeks,'AICP, Growth Management Plan Mana er Comprehensive Planning Section, Land Development Services Department Reviewed By: ' Date: 9- - I) Michael Bosi,AICP, Interim Planning and Zoning Director Lan• `-velopment Sere/-es Department q —/Z ✓I \J Approved By: Date: Nic 1Casalanguida,<d in'�rato Growth Management Division Petition Number: CPSS-2011-2 Staff Report for September 20, 2012 CPCC meeting NOTE: This petition has been scheduled for the November 13, 2012 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: Mark P. Strain, CHAIRMAN 17 COPY GOLDEN GATE ESTATES COMMERCIAL AND INSTITUTIONAL INFILL SUBDISTRICT APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN SECTION 29 TOWNSHIP 49 SOUTH RANGE 26 EAST PREPARED FOR: Joseph A. Rosin 1249 Waggle Way Naples, FL 34110 BY: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 And Richard D. Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 April 2011 Revised August 10, 2011 Revised August 2012 Revision 2 Explanation/Justification for Proposed Amendment CP-2011-1 Golden Gate Estates Commercial and Institutional Infill Subdistrict The amendment pertains to properties located in the northwest quadrant of the intersection of Golden Gate Parkway and Santa Barbara Boulevard, and proposes to modify the Golden Gate Estates Commercial Infill Subdistrict. The amendment will add approximately 2.8+/- acres to the Subdistrict, eliminate the commercial office uses and add senior housing including Independent Living Units, Assisted Living units, Continuing Care Retirement Communities, Skilled Nursing and similar uses as permitted uses. A majority of the site is zoned as the Colonnades PUD, which allows a maximum of 27,000 square feet of medical office use. The 2.8 acre parcel which is being added to the Subdistrict is zoned E, Estates and is developed with an occupied single-family dwelling. Although the Conditional Uses Subdistrict of the Golden Gate Area Master Plan prohibits new conditional uses on Golden Gate Parkway, we believe that the redesignation of the property as part of the Commercial and Institutional Infill Subdistrict will allow for the unified development of the proposed group housing uses, resulting in an overall lessening of intensity of development within the Subdistrict. The 2.8 acre Estates zoned parcel will be rezoned and incorporated into a PUD encompassing all of the property within the Subdistrict. The property is unique in that it is the only Estates zoned property adjacent to commercially zoned property on Golden Gate Parkway. The Estates zoned parcel is important to the overall plan for the group housing uses. These uses require specific design standards which tend to orient the buildings in linear dimensions. The addition of the parcel also permits the project to retain a single access point on Golden Gate Boulevard at a location further west from the Santa Barbara Boulevard intersection which will benefit traffic flow on Golden Gate Parkway. The parcel will also function to provide an appropriate buffer and transition to properties located west of the Subdistrict boundary. The applicant has also provided a market study, which discusses the current and future demand for these types of group housing uses in central Collier County and the Golden Gate area. The study also highlights the central location and proximity of this property to the target demographic, but also to area hospitals and major transportation routes available to serve the proposed group housing uses. APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NUMBER DATE RECEIVED PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT This application,with all required supplemental data and information,must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department,Suite 400,2800 North Horseshoe Drive, Naples,Florida 34104.239-252- 2400(Fax 239-252-2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing.The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 as amended by Resolution 98-18(both attached). If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant Joseph A Rosin Company Naples Venture II, LLC and Naples Venture III, LLC Mailing Address 4951 Tamiami Trail N., Suite 11 City Naples State FL Zip Code 34103 Phone Number 847.804.7066 Fax Number B. Name of Agent*Wayne Arnold • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company/Firm Q. Grady Minor and Associates, P.A. Mailing Address 3800 Via Del Rey City Bonita Springs State FL Zip Code 34134 Phone Number 239.947.1144 Fax Number 239.947.0375 Email Address warnoldqradyminor.com Company/Firm Richard D. Yovanovich, Esq, Coleman, Yovanovich and Koester, P.A. Mailing Address 4001 Tamiami Trail North, Suite 300 City Naples State FL Zip Code 34103 Phone Number 239.435.3535 Fax Number 239.435.1218 Email Address ryovanovich(c�cyklawfirm.com C1. Name of Owner(s) of Record Naples Venture II, LLC Mailing Address 555 Skokie Blvd, Suite 350 City Northbrook State IL Zip Code 60062-2854 C2.Name of Owner(s) of Record Marvin E. Smith Mailing Address 5715 Golden Gate Parkway City Naples State FL Zip Code 34116-7460 D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. EXHIBIT ID JRGMPA Page 1 of 5 G. Date subject property acquired (01/1989, 10/2007) leased ( ): _Terms of lease_yrs/mos. If, Petitioner has option to buy, indicate date of option: September 2008 and date option terminates: N/A , or anticipated closing: N/A 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. III. DESCRIPTION OF PROPERTY A. LEGAL DESCRIPTION TRACT 112, GOLDEN GATE ESTATES, UNIT NO. 30 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7,PAGE 58,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AND THE EAST 180 FEET OF TRACT 98,GOLDEN GATE ESTATES,UNIT NO. 30 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 58,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA B. GENERAL LOCATION Subject property is located on the northwest quadrant of Golden Gate Parkway and Santa Barbara Boulevard. C. PLANNING COMMUNITY Golden Gate D. TAZ 193 E. SIZE IN ACRES 9.6± F. ZONING Colonades at Santa Barbara CPUD (Ord.04-35), E(Estates) G. SURROUNDING LAND USE PATTERN Estates Residential Subdistrict, Urban Residential Subdistrict, ZONING: RMF-12-SBCO, RMF-6-SBCO, RMF-3, RMF-6, RMF-12, C-4, PUD AND E H. FUTURE LAND USE MAP DESIGNATION (S) Golden Gate Estates Commercial Infill Subdistrict and Residential Estates Subdistrict IV.TYPE OF REQUEST A. GROWTH MANAGEMENT PLAN ELEMENT(S)OR SUB-ELEMENT(S)TO BE AMENDED: Housing Element Recreation/Open Space Traffic Circulation Sub-Element Mass Transit Sub-Element Aviation Sub-Element Potable Water Sub-Element Sanitary Sewer Sub-Element NGWAR Sub-Element • Solid Waste Sub-Element Drainage Sub-Element Capital Improvement Element CCME Element Future Land Use Element ✓ Golden Gate Master Plan Immokalee Master Plan B. AMEND PAGE(S)40 -42 OF THE Future Land Use ELEMENT AS FOLLOWS: (Use Strike ##rough to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: Please see Exhibit IV-B C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Residential Estates Subdistrict and Golden Gate Estates Commercial Infill Subdistrict TO Golden Gate Estates Commercial and Institutional Infill Subdistrict D. AMEND OTHER MAP(S)AND EXHIBITS AS FOLLOWS: (Name&Page#)Golden Gate Area Future Land Use Map and Golden Gate Urban Commercial Infill Subdistrict and Golden Gate Estates Commercial Infill Subdistrict Map E. DESCRIBE ADDITIONAL CHANGES REQUESTED: N/A JRGMPA Page 3 of 5 (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-11.007, F.A.C.) E. PUBLIC FACILITIES 1. Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on the following public facilities: Exhibit V.E Potable Water Exhibit V.E Sanitary Sewer Exhibit V.E.1c Arterial&Collector Roads: Name of specific road and LOS Golden Gate Parkway Santa Barbara Boulevard Exhibit V.E Drainage Exhibit V.E Solid Waste Exhibit V.E Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Exhibit V.E.2 Provide a map showing the location of existing services and public facilities that will serve the subject property(i.e. water, sewer, fire protection, police protection, schools, and emergency medical services.) 3. Exhibit V.E Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Exhibit V.F Flood zone based on Flood Insurance Rate Map data(FIRM). N/A Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps). N/A Traffic Congestion Boundary, if applicable. N/A Coastal Management Boundary, if applicable. N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable(Identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION X $16,700.00 non-refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. $9,000.00 non-refundable filing fee for a Small Scale Amendment, made payable to the Board of County Commissioners, due at time of submittal. X Plus Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly. Exhibit V.G. Proof of ownership (Copy of deed). Exhibit V.G. Notarized Letter of Authorization if Agent is not the Owner(see attached form). X 1 Original and 5 complete, signed applications with all attachments, including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1"=400'or at a scale as determined during the pre-application meeting. JRGMPA Page 5 of 5 COPY EXHIBIT I . D . PROFESSIONAL CONSULTANTS Revision 2 Golden Gate Estates Commercial and Institutional Infill Subdistrict Exhibit I.D. Professional Consultants Planning/Project Management: Q. Grady Minor and Associates, P.A. D. Wayne Arnold, AICP 3800 Via Del Rey Bonita Springs, FL 34134 (239) 947-1144 (239) 947-0375 fax warnold @gradyminor.com Coleman, Yovanovich and Koester, P.A. Richard D. Yovanovich, Esq. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 (239) 435-3535 (239) 435-1218 fax ryovanovich@cyklawfirm.com Transportation: Omega Consulting Group Reed Jarvi 11338 Bonita Beach Road SE. Suite 103 Bonita Springs, FL 34135 (239) 470-4156 (239) 948-6689 fax rjarvi 1234 @comcast.net Environmental: Boylan Environmental Consultants, Inc. Rae Ann Boylan 11000 Metro Parkway, Suite#4 Fort Myers, FL 33966 (239) 418-0671 (239) 418-0672 fax raeann @boylanenv.com EXHIBIT I.D. - Page 1 of 6 D. Wayne Arnold, *it Principal, Director of Planning GradyMinor Education Mr. Arnold is a Principal and co-owner of the firm and serves as the • Master of Urban Planning, Secretary/Treasurer and Director of Planning. As Director of Planning, Mr. University of Kansas, Arnold is responsible for and oversees services related to plan amendments, Lawrence property rezonings, expert witness testimony, ROW Acquisition, public • Bachelor of Science,Urban participation facilitation, and project management. Mr. Arnold previously and Regional served as the Planning Services Director at Collier County, where he oversaw Planning/Geography, the County's zoning, comprehensive planning, engineering, platting and Missouri State University Metropolitan Planning Organization (MPO) functions. Mr. Arnold also has prior Florida planning experience with Palm Beach County Government and Professional Registrations/ Affiliations the South Florida Water Management District. • American Institute of Mr.Arnold has been accepted as an expert in land planning matters in local and Certified Planners(AICP) state proceedings. • American Planning Association(APA) • Urban Land Institute, S.W. Florida Chapter,Board of Relevant Projects Directors 1996 • Collier County Rural Fringe • Collier County Growth Management Plan Committee,Chairman, 1999 • Marco Island Master Plan • Collier County Streetscape • Immokalee Area Master Plan Ad hoc Committee, 1999 • Collier County Land Development Code • Leadership Collier,Class of • 2000 Logan Boulevard Right-of-Way Acquisition Planning Analysis • Bonita Springs Chamber of • U.S.41 Right-of-Way Expansion Planning Analysis Commerce Government • Copeland Zoning Overlay Affairs Committee • Collier County Government Center Development of Regional Impact(DRI) • Collier Building Industry • Winding Cypress DRI Association,Board of • Pine Ridge/Goodlette Road Commercial Infill District Directors • Lely Lakes PUD Rezoning • Collier County Jr.Deputy • Henderson Creek Planned Development/Growth Management Plan League,Inc.,Board of Amendment Directors • Orangetree (Settlement Area) Growth Management Plan Amendment • Mercato Mixed Use Planned Development • North Point DRI/IvIPD • Vornado RPUD fit- 4. • Orange Blossom Ranch MPD $t — • Palermo Cove RPD 41q r'Z1_ Q. Grady Minor&Associates, P.A. Civil Engineers•Surveyors•Land Planners•Landscape Architects EXHIBIT I.D. - Page 2 of 6 Richard D. Yovanovich Rich Yovanovich is one of the firm's shareholders. He moved to Naples in 1990 and was an Assistant County Attorney for Collier County from 19904994. As an Assistant County Attorney he focused on land development and construction matters. Since entering private practice in 1994,Mr.Yovanovich has represented property owners through the entitlement process before local and state agencies. His representation includes project ranging from small residential and commercial projects to large developments of regional impact. Professional Activities/Associations The Florida Bar Collier County Bar Association Civic/Charitable Activities/Associations Member,Furman University Trustees Council,2007- Chairman,Leadership Collier Foundation Alumni Assoc. Member,Board of Directors,Holocaust Museum 2007— Member,Leadership Collier,Class of 2000 Member,Board of Directors,CBIA(Director 2004-2008, Vice President 2006-2007) Member,Board of Director,Immokalee Friendship House Member,Board of Director,Avow Hospice 2011- Member,Florida Trend Legal Elite Elder,Vanderbilt Presbyterian Church Bar&Court Admission Florida, 1988 U.S District Court,Middle District of Florida U.S.Court of Appeals,Eleventh Circuit Education University of South Carolina J.D., 1987 J.Ed., 1986 Furman University B.A.,cum laude, 1983 • EXHIBIT I.D. - Page 3of6 omega Consulting Group Reed K. Jarvi Principal EDUCATION: Mr. Jarvi has over 26 years of project management and infra- Bachelor of Science in Engineering structure design and permitting for a broad range of complex United States Naval Academy residential, commercial, and institutional projects in Southwest Florida. He has special emphasis, training and experience in REGISTRATIONS: transportation engineering, transportation planning and traffic Professional Engineer engineering. Florida#40156 Representative Projects: AFFILIATIONS: Sabel Bay PUD,Collier County,FL Traffic Impact Statement Institute of Transportation Engineers and access analysis for a development consisting of 1,999 resi- Florida Section ITE dential du's, 176,000 sf of retail land uses and 48,000 sf of Southwest Florida ITE office land uses. BOARDS AND COMMITTEES: Airport Plaza at Regional Southwest Airport,Lee County,FL Collier County Development Services Advisory Traffic and Access studies for mixed use shopping/gas/ Committee convenience center on the entrance road to the airport. Respon- Collier County Land Development Regulation Sub- sibilities Included Traffic Impact Statement and Access study. Committee olowo Former Chairman of the Collier County MPO CAC Mercato Shopping Center Traffic Signal Warrant Analysis, Former Chairman of the Collier County MPO Transit Collier County,Bonita Springs,FL Analysis of Traffic Signal Advisory Committee Warrants for the project's access on Vanderbilt Beach Road. SPECIAL RECOGNITION: US Naval Reserve,Retired 1998—Commander US 41/SR 951 Developers Consortium,Collier County,FL Led group of 10-12 separate developers(some 1,500 du's and over 600,000 sf of commercial)to address traffic mitigation of projects on US 41 and the US 41/SR 951 intersection. Inter- acted with FDOT and County staff to generate a solution that was acceptable. . Mirasol PUD,Collier County,FL Traffic and Access studies for 799 du residential development. Responsibilities included Traffic Impact Statement and Access studies. These involved analysis of over 10 intersections,including timing plans and intersection geometry,existing and proposed. SR 951/Isle of Capri Boulevard Traffic Signal,Collier County, FL Traffic Signal Design for adding a fourth leg to an existing three leg intersection EXHIBIT I.D. - Page 4 of 6 � Y 1 fi • Wy .F I /J '' Fl,&, ;e 61:,Z _ T k�„ -L7' ek S (fi� ' Wet/and&Wildlife Surveys, n ental Permitting, ,,,4-•.'1 . io •6 4 Impact Assessment�.�_z�g_,�.......r.1 .L. --sue:' ` ` CURRENT RESPONSIBILITIES Kimberly Schlachta, CSE Ms. Schlachta is responsible for project management, Senior Environmental Scientist and assisting in the management and technical supervision of environmental staff. The Clientele Ms. Experience: Schlachta works with include the private and public o 12+years sectors. Education: o Auburn University,BS 1997 RELEVANT EXPERIENCE Since 1998, Ms. Schlachta has managed projects, Professional Affiliations: conducted fieldwork, and produced reports and o Florida Association of Environmental applications for environmental land use planning, Professionals permitting and development These projects include o National Association of Environmental due diligence assessments for land acquisition Professionals purposes, assistance with environmental land o Certified Senior Ecologist-Ecological planning, coordination on permitting and mitigation Society of America design for wetlands and wildlife, and compliance o Soils and Water Conservation Society monitoring of projects during and after construction. o Association of Southeastern Biologists PROJECT EXPERIENCE Certification: o Artesa MPUD: Corps and SFWMD Permitting, o FWC—Permit GTA-09-00021 FWS/FWC coordination on Florida Panther Gopher Tortoise Authorized Agent impacts, Gopher Tortoise relocation and wetland Areas of Expertise: mitigation design in Collier County o Vegetation and Habitat Mapping utilizing o Bonita 75 CPD: Commercial Land Use Permitting ACAD,GPS in the City of Bonita Springs o Corps and State Wetland Delineation o Camp Keais and Shaggy Strand: Wetland o Impact Assessment Monitoring for Collier Enterprises in Collier o Wildlife Surveys and Relocations County o Gopher Tortoise Surveys,Bucket Trapping, o Coconut Point/Simon Suncoast Mall: Environmental Excavation&Relocation Permit Compliance and Monitoring o Wildlife Habitat Management Planning and o Lee County Halfway Creek Water Quality Permitting Improvements: DEP and Corps Permitting for a o Habitat Restoration and Mitigation Design Restoration Plan in Lee County o Environmental Land Use Permitting and o Imperial Marsh: Permit Compliance and Rezoning Monitoring for Lee County Mitigation Site in Lee o Local, State and Federal Environmental County Permitting o Pine Ridge Center: Corps and SFWMD Permitting, o Post Permit Compliance and Monitoring coordination on RCW habitat, Monitoring and o Planning and Management of Gopher Compliance in Collier County Tortoise Relocation Sites o S.R. 31 Improvements: Caracara Survey and Monitoring for FDOT project in Charlotte County. Contact Information: o SR 78 & SR 29 Realignment: SEER and Boylan Environmental Consultants Environmental Permitting for FDOT in Hendry 11000 Metro Parkway,Suite 4 o Tamiami Crossing CPD: Land Use Permitting and Fort Myers,Florida 33966 Environmental Permitting in Collier County Telephone:(239)418-0671 o Wulfert Point Estates: SFWMD Permitting and Fax: (239)418-0672 Wildlife Coordination on Gopher Tortoise and Email: kims @boylanenv.com Bald Eagle on Sanibel. Web: www.boylanenv.com EXHIBIT I.D. - Page 5 of 6 e ?4.of r, T:4 Y14 m -..Q,, ;G , Wetland&Wildlife Surveys,Environ ental Permitting, 3 /J �3 s ;' , -. Impact Assessment CURRENT RESPONSIBILITIES As president of Boylan Environmental Consultants, Rae Ann Boylan, CSE Inc., Ms. Boylan is responsible for all management President facets of the firm and supervision of all professional and technical staff. The Clientele Ms. Boylan works with include the private and public sectors. Experience: o 28+Years RELEVANT EXPERIENCE Since 1989, Ms. Boylan has managed many Education: environmental projects. These projects include due o Stetson University,BS 1979 diligence assessments for land acquisition purposes, o University of Florida,MS 1982 assistance with environmental land planning, coordination on permitting for wetlands and wildlife Professional Affiliations: and compliance monitoring of projects after o National Association of construction. Environmental Professionals o Ecological Society of America PROJECT EXPERIENCE o Society of Wetland Scientists o North Fort Myers Restoration: Design, permitting and construction coordination for a hydrological Certcations: and environmental restoration project in Lee o Ecological Society of America County. Certified Senior Ecologist Asolek o Madden Research: Wetland and wildlife permitting for an office development at SWFIA in Lee Areas of Expertise: County, o Ecological Sciences o Deer Fence Grove and Farm: Impact assessment o Impact Assessment for agricultural permitting in Collier and Hendry o Restoration and Mitigation Counties. Design o Panther Mine Expansion-Impact assessment and o Wildlife Habitat Management permitting for a mine expansion in Charlotte Planning and Permitting County. o Environmental Land Use o Popash Creek Restoration: Design and permitting Permitting for a hydrological restoration project in Lee o Local, State and Federal County. Permitting o Chapel Creek: Bald eagle, gopher tortoise and o Post Permit Compliance and wetland permitting for a mixed use development in Monitoring Lee County o Artesa: Coordination on impacts to Florida panther and gopher tortoise habitat; wetland mitigation Contact Information: design for a commercial mixed use development in Boylan Metro Parkway,Suite Consultants 4 ants Collier County 11000 o South Lee County Watershed Study: Fort Myers,Florida 33966 Environmental Assessment in Lee and Collier Telephone: (299)418-0671� G2 Counties. o DeSoto 480: Wetland impact and mitigation design Email: raeann@boylanenv.com for a commercial mixed use golf course community Web: www.boylanenv.com with gopher tortoise and scrub jay permitting in DeSoto County. EXHIBIT I.D. - Page 6 of 6 COPY Revision 2 EXHIBIT II . B . ARTICLES OF INCORPORATION 2011 LIMITED LIABILITY COMPANY ANNUAL REPORT FILED Jan 11, y DOCUMENT# L07000050266 Secretary of f State Entity Name: NAPLES VENTURE II, LLC .:urrent Principal Place of Business: New Principal Place of Business: 4951 TAMIAMI TRAIL N.SUITE 11 NAPLES, FL 34103 Current Mailing Address: New Mailing Address: 4951 TAMIAMI TRAIL N. SUITE 11 NAPLES, FL 34103 FEI Number: FEI Number Applied For( ) FEI Number Not Applicable(X) Certificate of Status Desired( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: BOURGEAU, DAVID C ESQ. 2375 TAMIAMI TRAIL NORTH SUITE 308 NAPLES, FL 34103 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date MANAGING MEMBERSIMANAGERS: Title: MGR Name: ROSIN,JOSEPH A Address: 1249 WAGGLE WAY i-St-Zip: NAPLES,FL 34108 Title: MGR Name: ZAMPELL, PAUL Address: 4951 TAMIAMI TRAIL#100 City-St-Zip: NAPLES,FL 34103 I hereby certify that the information indicated on this report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statues. gIGNATURE: JOSEPH A ROSIN MGR 01/11/2011 Electronic Signature of Signing Managing Member, Manager, or Authorized Representative/Date EXHIBIT II.B. - Page 1 of 2 2011 LIMITED LIABILITY COMPANY ANNUAL REPORT Jan FILED D DOCUMENT# L08000090977 Secretary of State Entity Name: NAPLES VENTURE III, LLC '.urrent Principal Place of Business: New Principal Place of Business: 555 SKOKIE BLVD. SUITE 350 JORTHBROOK, IL 60062 US urrent Mailing Address: New Mailing Address: 555 SKOKIE BLVD. -SUITE 350 \IORTHBROOK, IL 60062 US =El Number: FEI Number Applied For( ) FEI Number Not Applicable(X) Certificate of Status Desired( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: 3OURGEAU, DAVID 2375 TAMIAMI TRAIL NORTH SUITE 308 NAPLES, FL 34103 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Date Electronic Signature of Registered Agent MANAGING MEMBERS/MANAGERS: Title: MGRM Name: ROSIN,JOSEPH A Address: 555 SKOKIE BLVD SUITE 350 City-St-Zip: NORTHBROOK,IL 60062 US I hereby certify that the information indicated on this report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statues. SIGNATURE: JOSEPH A. ROSIN MGRM 01/04/2011 Electronic Signature of Signing Managing Member, Manager, or Authorized Representative 1 Date EXHIBIT II.B. - Page 2 of 2 EXHIBIT III . A . `�P� Revision 2 LEGAL DESCRIPTION EXHIBIT III.A LEGAL DESCRIPTION TRACT 112, GOLDEN GATE ESTATES, UNIT NO. 30 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE EAST 180 FEET OF TRACT 98, GOLDEN GATE ESTATES, UNIT NO. 30 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAINING 9.6 ACRES, MORE OR LESS. Page 1 of 1 COPY EXHIBIT IV. B•. PROPOSED GROWTH MANAGEMENT PLAN TEXT Revision 2 Exhibit IV.B Amended Language of the GOLDEN GATE MASTER PLAN (Note: Single underline text is added, as proposed by petitioner; double underline text is added, as proposed by staff; double stfike414foligh text is deleted, as proposed by staff). 2. ESTATES DESIGNATION B. Estates —Commercial District 5. Golden Gate Estates Commercial Infill Subdistrict [revised text, page 46] This Subdistrict consists of two infill areas. The two areas are located at the northwest corner of Collier Boulevard and Green Boulevard and at the northwest corner of Santa Barbara Boulevard and Golden Gate Parkway. Due to the existing zoning and land use pattern in proximity to the Estates Commercial and Institutional In-fill Subdistrict (see Golden Gate Urban Commercial Infill Subdistrict and Golden Gate Estates Commercial and Institutional Infill Subdistrict Map) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: • Low intensity commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and • Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91- 102), adopted October 30, 1991. b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan). c) Projects within this Subdistrict shall make provisions for shared parking arrangements with adjoining commercial developments when appropriate. d) Driveways and curb cuts for projects within this Subdistrict shall be consolidated with adjoining commercial developments. e) Access to projects shall not be permitted from Collier Boulevard. f) Any project located within this Subdistrict at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard (properties include the East 180 feet of Tract 98. Unit 30 and Tract 112. Unit 30. Golden Gate Estates), less and except an easement for Santa Barbara Boulevard right-of-way, shall be subject to the following additional development restrictions: 1 12. Permitted lland uses shall be restricted to leg offices only limited to Group Housing for seniors ilatif414€/, including Independent Living Units, Assisted Living Units, Ask Continuing Care Retirement Communities, Skilled Nursing Facilities, and similar uses, not to exceed a maximum F.A.R. of 0.45; and medical office use, not to exceed 5,000 square feet. 23. All principal structures shall be required to have a minimum setback of one hundred (400)fifty (50) feet from the project's northern and southern boundary. 34. landscape buffers, and similar uses. Buffers: The following minimum project buffers, as set forth in Section 4.06.02 of the Collier County Land Development Code. Ordinance No. 04-41. as amended. in effect as of the date of adoption of this amendment, shall be provided. West: 25' wide type C. North: 25' wide type C. East: 25' wide type D. South: 25' wide type D. 5. The western sixty (60) percent of the site shall have an outdoor pedestrian friendly patio(s), that total at least five hundred (500) square feet in area and incorporate a area, and brick pavers. 6. A twenty five (25) foot wide landscaped strip shall be provided along the cntirc frontage 4 oNative vegetation shall be retained within the project buffers on the northern and western project boundaries. where feasible. Required Ssu••lemental •lantin•s -= =-- shall be native s•ecies. The northern buffer adjacent to the southern boundary of Tract 111, Golden Gate Estates, Unit 30, may also be utilized for the native vegetation preservation requirements for the project and shall include a concrete or pre-cast concrete privacy wall at a minimum of 6' feet in height which shall be located on the southern boundary of the buffer/preserve. No setback from the buffer/preserve shall be required for this wall. The No h 330 feet of Tract 98 Unit 31 GGE shall be limited to native 'reserve and water management areas. except that a vehicular drive and/or wall may be located within this area. Native vegetation preservation areas may be utilized for water management purposes, when it can be demonstrated that the use for water management will not be harmful to the required native vegetation, as provided for in Policy 6.1.1 fo the Conservation and Coastal Management Element. - - - --- -- --e - - _ •- -_ - - _ • ! e- --• _ -- - _ -_ 1 _ • • o! - -- - - -- ' - vegetation shall be retained within these buffers along the project's western and northern 2 58. All buildings shall have tile or metal roofs, or decorative parapet walls above the roofline, and buildings shall be finished in light subdued colors except for decorative trim. 69. Building heights shall be limited to one (1)-story and a maximum of thirty-five (35)feet. 748. All lighting facilities shall be architecturally designed, an limited to a height of twenty-five (25) feet=, and shielded from neighboring residential land uses. 811. There shall be no dot ingress or egress on Santa Barbara Boulevard frc.., Tract 1 1 nit 3n ld Gato Ectato`a However, this shall not preclude future access to Santa Barbara Boulevard via frontage road or access easement 3 EXHIBIT V.A. COPY LAND USE Revision 2 ligir NT n —I o° b O Z N O gg Y n O N g a., R ti i 1 LA ° Lii LA N < Z g CO C 0 N '^ W J 0 N v o > 0 vc�i O • cWn - v O \ w w >" Q / Q c J z0� O _ d-- O Q� CC 2 I LA h /U Q cn w w y Qo 0 LLI ������ O 0Y Z ~ 8 W O m o 6" Li 2 W LO W 2 J N VP N �Otn Q 4 0 V z O w/ % w ND N a Q W NCB I �z z� Q� z Yw Q Ii W LU 0 0 QD Qz Yz' Y ^ Y cn 0_CC Qw Q I o gs �r ``' mivnAino8 V2�VEI IV8 V1NVS = - +' W W = I Q w �N�<, w 0 QQ _ _ . - W U) CO Y W ` F- Q D m W W .,z°z g W 0 z CO CO c s w_ W O -∎ LA • •Z y N Li z N LA (\I o€ Z w f O •� o CD - DIV±S2AAINI v 1121 V. E U LA LA \. 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L :n i..• 1 -, •¢ � K- 7c, AO A a -v i': . . jtu/�a O _ -`'C'�"P11. - 1 q li y; F- ?� -tille4 ma: N .—AM-7.-7 CL ; _ �I1 .' ,.a J i+ r ,..4 1 L.. N Z e.- °.t 1 \.a *" 1 e N Q ' a• 7^A i4 -a,t; , .4 X Z U- --- .1 Ti g l j 'S1i, . LL 0 -r 1t i ' 1 cPl9r [ F _r ., 1 • ...LL Z .,` .,. _ r 1a-, ,. . W J .'e �a zai .. •••,, �4 t` _, li 11;141Z-k ,1511 , ` 'anzx 1 1^ �-+�' c ss- O❑ tl s O di . •+.- "=S--. E.�a X W �y' rr - Nyy sl I. 1{p!i :` `c5R Td W r] 1 7 11-1111,1 tlLl .+ems. _ "9.-�.a�R ] It "` j Q witali _ SANTA BARBARA -------P::::::4 F, ---- 3 t, �... aa} �� �' .F.._.- "" " 1� �,^., �. +.+ -- -Yfi i, y'-.' � S c_..� - ;szT'4-I,.�7 -ry e,,. t _pi y r w n + 1 -Lys' L -:;.."'`.41',f,-1',,1 ill, v� rT rl F. I-.. ''� T'. ..5 ,�.. N W _., 1 ., 1„ ,,,,s-.--, r it-• _!r 1 i� _ ¢H {i w `1. "' t a =.:7V,O W g"�. _•Ix- 1 4� r-`a. 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W QQ U Q -, W }., 0<0-W 1 CC W LL ❑(7 f 01 q F• !ma r-a .'p i ... i -t F- Z U Z 1- .� 641:-.:4. _ U' a J ii, Q w w acs-a W Q W C Z W W W ❑N LL LL y N k= l • r.` • W Z > lit O. Z 00 W 2 W w �i T r• y ^ i' ,'> a ' V. •t c ` ,:)o " u- ' w�n s c9 z uP N iliiii i l•-�- x`•4,0.: *` '. `1.. Z Z Z -- is V•.,� i . -- ,W cX~^A N y U IT- IT. Z Z .. �� ; D r i�.ik �� _ :m W W W -Qi SOiii O(Wn NO N yOcn .'� i .,,,;70,..; 11 N ❑ ON0 OND <N 0 WN0 Z EXHIBIT V.A. - Page 2 of 2 COPY EXHIBIT V1B . FUTURE LAND USE DESIGNATION • Revision 2 I LEGEND UMIAK DESIGNATION ESTATES DEBGNA110I0 AGFICULTIOLIAARISAL OEsICNATIOM WWI--C" --M"` 6T ° '10,010 N.ITA.1 GOLDEN GATE AREA (]WAN emlTr sA65«c1 10:01.0 t0.0 aaw>Z OVTALAYa MO 1P ,�-�a»» AOTaa�11.a 00.FEAT1BIa FUTURE LAND USE MAP clem▪emenAl.OM. 14 NYa Ut=MEM[DM a6'T6Y ■..9NNUX=La ' , U1O- Co.02 .Y9a1CMf ``! e �DOfu ia'6vC `S �yy MIMCI E. p�,a..«T.A.o.'.,==a=T a«>,.:y.a.1:.d1..A _T:a1 • 'MY P1P1001.1 1.�1«M IMIIOKALEE RPAB aaT,D.9R46T.a COMP.. 1F1 a«-.91i.5.a 1aG.4s 1 _a ■wept,.tacrom ea r..4 Mlozaa aea.111.ear Is.II: ▪ ars co1..a1a.1 ...., 10014 MUYTAMLVS UY N94T4 N]Wn. xctM a 7.0 050I cMi AiA+41fl.9* 0 CO y a OIL WELL ROAD m E. 0 DDSOKALEE ROAD x RANDALL BOULEVARD Exhibit V B1 N Existing Future Land Use Map YANDERHFL\ I BEACH EGAD ci • 6 g ❑ �' Golden Gate Estates F• . GOLDEN GATE BDULEYAED - U Commercial Infill Subdistrict PINE RIDGE • mint BLVD. 6.8+/-Acres a) ma l Residential Estates Subdistrict 0 ,r 'g °' 2.8+/-Acres E. a Ar I G.G.PKwr. /r Y�p Project Location,. o wrEitsTA 76 Sat Golden Gate Estates z Commercial and DAVIS BOULEVARDc i wrimmmum Institutional Infill S.R.64 a Subdistrict s 4 a UMW arm 9.6+/-Acres � � 0) G. C IMIIMIIINIMI H iai, $ IIIIIIIIIIININII'I O `■ iiimm11111111w tailing.'L 11111 MIMI 11111•111111•11111111114 IMIIIIMII 11111111 MIMI =111.1111111111.11 GOLDEN GATE FUTURE LAND USE MAP.,0 0.1717 - F9*SO M.1991 wDem- WCDAm 4,297 9 010.KO.2001-0 s AKNEEO NLY 1I.101 M.030E0 - OC1000 IR 269 . A000 -. W7 2%1043 90.140,2620-0. Ast OTO -AMX 21,1191 mum - AST 20.00A e Om.NO.2010-]I CO A01060 - APRIL 12.Itla MOM ALY 26 1010 .11061E0.11061E0 -• N4ADI 14.106 0101 N0.2020-]2 r-1 AYOSTO - 992011 21.107 m E1' ' µ170X1 - 94 K t* y AM0400 -SOPTDRE0 S.1906 u AYGMID - PPNMY 0 I9!!- AW+OE6 -NAY 0.5960 ANGPfD -44401 IA 1001 1 A4410E0 • 4A1 K 203 L� A49M1M0- 9210 SCA N9M 10.NO A - 98.N0.'700J-N I I A1EWED COWER 29.2009 p 1)11, 2 ID. 3 41, 4 RI S Mt. 090.NO 2004-n A11000 - 2VNAMY 17.20:5 {',i[i'AR•11 DW.35/222 MN'P.,42=004 CM.Ito.7055-3 C00N01 N1A0Nr7.T 01000*/PLA.t1004 k MLG1P.Ai10* mama) - JO7 1_T;75,1007 DATE:7/2010 FEE G:01.1/-2010-1 MO I 090.RA 20°1'11 .R 2S E I R26.E 1 .R27E 1 .. EXHIBIT V.B. - Page 1 of 2 Exhibit V.B2 GOLDEN GATE URBAN COMMERCIAL INFILL SUBDISTRICT AND GOLDEN GATE ESTATES COMMERCIAL INFILL SUBDISTRICT o COLLIER COUNTY, FLORIDA o-,5 Fvl M W O - - H n F w w y O O N> 8 a w w N O O N N I-04 O e < < 5 a pN\ - Norn ,d- _o a d' a n c N �m wW M 1-- n W, .J mp Q0 m p Z0 O 6 WN Z N N -0 U =- W O -Qj O 0 0 U Z NZ Z Z �Wc, 0 O W O W O ¢Q W 0v O I Z W L SAN I M < < ¢4' 1 Q CC on 'M$15 116£ I _ � /AS 1?3a15 i16£ m O Q •I Q Z v > m 1 , , .H___, wm6., "� dUli t1 =. i -.- '\ \*--\. .\ . am �-O � I 1--: t tg ' 0 _______I--------1 1----11-------H ,)0 ,, . -1. )H.-1 111------H--i5c ,e - U I-U /64 W L / T O w2p 0== 1:1'1----i_ 1 � 0 cw?o QO - � I oJ):,,, I f J J w 1 Oatln3lM9 Nv0=l\ > -te - I II I II I I Qu o Z U W 1 W Z Vn3I vava338 v1Nvs 'Lierm:vCVG a O<J IOhIIIIIIIIØri . ......3 ,1,M� _ r n _ ����WA=S PROJECT LOCATION Golden Gate Estates Commercial Infill Subdistrict=6.8+/-Acres 9.6i ACRES-GOLDEN GATE ESTATES COMMERCIAL AND INSTITUTIONAL INFILL Residential Estates Subdistrict=2.8+1-Acres SUBDISTRICT FXHIBITVB - Paje2of7 COPY EXHIBIT V. C . ENVIRONMENTAL Revision 2 GOLDEN GATE ESTATES COMMERCIAL AND INSTITUTIONAL INFILL SUBDISTRICT EXHIBIT V.C.I, Vegetation Discussion The subject parcel was inspected and a vegetation map prepared to reflect existing site conditions. The mapping is according to the Florida Land Use Cover and Forms Classification System (FLUCCS) and is attached. The following is a description of the communities found: 110 Residential (1.13*acres) These residential areas are occupied by single-family home sites and account for 1.13± acres of the property. Landscape planting and native Florida Slash Pines (Pinus elliottii)are present in these areas. Soils have been disturbed or filled, and replanted or seeded with Bahia(Paspalum notatum), St. Augustine(Stenotaphrum secundaturn) and other lawn grasses. Other vegetation noted includes Mexican clover (Richardia grandiflor), beggar weed (Desmodiurn trnuifolium), and Spanish needles(Bidens alba). 411E1 Pine Flatwoods(1-24%% Exotics)(3.50±acres) This upland habitat type occupies 3.5± acres of the property. Slash pine (Pinus elliottii) dominates the canopy with occasional Earleaf acacia (Acacia auriculiformis), and cypress (Taxodium distichum) in the sub canopy. Brazilian Pepper (Schinus terebinthifolius), Myrsine (Myrsine cubana), and cabbage palm (Sabal palmetto) are found in the mid-story). Scattered saw palmetto (Serenoa repens), grapevine(Vitus rotundoifolia) and poison ivy(Toxicodendron radicans) dominate the groundcover in this community. Other vegetation observed includes beauty berry (Callicarpa americana), winged sumac (Rhus copallinum), carrotwood (Cupaniopsis anacardioides), swordfern (Nephrolepis exaltata), Catbriaer (Smilax spp.), Caesar weed (Urena lobata), brackenfern (Pteridium aquilinum), and Indian ficus (Ficus microcarpa). Vegetation is typical of upland communities and no hydrology or hydrologic indicators were present. 411E3 Pine Flatwoods (50-74% Exotics)(1.25±acres) This upland habitat type occupies 1.25± acres of the property. Slash pine (Pinus elliottii) dominates the canopy with occasional Earleaf acacia (Acacia auriculiforrnis), and cypress (Taxodium distichum) in the sub canopy. Brazilian Pepper (Schinus terebinthifolius), Myrsine (Myrsine cubana), and cabbage palm (Sabal palmetto) are found in the mid-story). Scattered saw palmetto (Serenoa repens), grapevine (Vitus rotundoifolia) and poison ivy (Toxicodendron radicans) dominate the groundcover in this community. Other vegetation observed includes beauty berry (Callicarpa americana), winged sumac (Rhus copallinum), carrotwood (Cupaniopsis anacardioides), swordfern (Nephrolepis exaltata), Catbriaer (Smilax spp.), Caesar weed (Urena lobata), brackenfern (Pteridium EXHIBIT V.C. - Page 1 of 22 aquilinum), and Indian ficus (Ficus microcarpa). Vegetation is typical of upland communities and no hydrology or hydrologic indicators were present. 411E4 Pine Flatwoods(>75%Exotics)(0.431 acres) This upland habitat type occupies 0.43± acres of the property. The community is dominated by Brazilian Pepper (Schinus terebinthifolius) with occasional Slash pine(Pinus elliottii)in the canopy. 621DE3 Drained Cypress(50-74% Exotics) (0.15±acres) Cypress are common in the canopy of this small community. Midstory was dominated by Brazilian Pepper. Other vegetation consisted of a mix of Dahoon holly (Rex cassine), cabbage palm (Sabal palmetto), Myrsine (Myrsine cubana), and beauty berry (Callicarpa americana). The groundcover included grapevine (Vitus rotundoifolia), poison ivy (Toxicodendron radicans), Catbrier (Smilax spp.), Caesar weed (Urena lobata), swamp fern (Blechnum serrulatum), and oyster plant (Tradescantia spathacea). Although some vegetation is associated with wetlands communities,the lack of hydrology has resulted in the successional species that are more common in upland hammocks and disturbed sites. No hydrologic indicators were observed in this area. 740 Disturbed Areas (0.53±acres) This area includes the disturbed areas adjacent to the roads from the road construction that included the sodden swales and utility lines. 814 Road (2.65±acres) This area includes the existing paved areas for Golden Gate Parkway and Santa Barbara. EXHIBIT V.C. - Page 2 of 22 t 20 r� Ytars of ._ Excellence Golden Gate Estates Commercial and Institutional Infill Subdistrict Section 29; Township 49 South; Range 26 East Collier County,Florida Protected Species Survey Exhibit V.C.2 April 20,2011 Project No.990033 11000 Metro Parkway Suite 4 Fort Myers, Florida 33966 (239)418-0671 phone/(239)418-0672 fax EXHIBIT V.C. - Page 3 of 22 Golden Gate Estates Commercial and Institutional Infi ll Subdistrict Protected Species Survey INTRODUCTION, An environmental scientist from Boylan Environmental Consultants, Inc conducted a field investigation on the 9.64± acre property on April 12, 2011. The site is located in portions of Section 29, Township 49 South, Range 26 East, in Collier County, Florida. Specifically, it is situated at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard in Naples. Please see the attached Project Location Map Exhibit A. The purpose of the field investigation was to identify and document the presence of any listed species and any potential listed (endangered, threatened, etc.) species inhabiting the site that are regulated by the U.S. Fish & Wildlife Service (FWS) and the Florida Fish & Wildlife Conservation Commission (FWC). METHODOLOGY The survey method consisted of overlapping belt transects performed for all FLUCFCS communities onsite in compliance with the Collier County Land Development Code 10.02.02.A.4.g.i. This survey is comprised of a several step process. First, vegetation communities or land-uses on the study area are delineated using the Florida Land Use,Cover and Forms Classification System (FLUCFCS). Please see the attached FLUCFCS Map Exhibit B and FLUCFCS Map with Aerial Exhibit C. Next, the FLUCFCS codes are cross-referenced with the Protected Species List. This protected species list names the species which have a probability of occurring in any particular FLUCFCS community. Amok An intensive pedestrian survey is conducted using parallel belt transects that are approximately 10-40 feet apart, depending upon both the thickness of vegetation and visibility, as a means of searching for plants and animals. In addition, periodic "stop-look-listen" and quiet stalking methods are conducted for animals. Signs or sightings of these species are then recorded and are marked in the field with flagging tape. The table at end of the report lists the FLUCFCS communities found on the parcel and the corresponding species which have a probability of occurring in them. Transects were walked approximately as shown on the attached Protected Species Survey Map Exhibit D and Protected Species Survey Map with Aerial Exhibit E. Specific attention was placed on locating any gopher tortoise burrows,potential fox squirrel nests, locating RCW cavity trees,and eagle's nests within the forested portions of the property. TABLE 1: SURVEY DATE AND WEATHER CONDITIONS Survey Survey Weather Copdihons Date 11:30am- Partly cloudy with light winds and temperatures in the mid to 4-12-2011 2:30pm I upper 80s Boylan Environmental Consultants,Inc. EXHIBIT V.C. - Page 4 of 22 Golden Gate Estates Commercial and Institutional Infi ll Subdistrict Protected Species Survey EXISTING SITE CONDITIONS Site Details— The boundary is approximate and based upon GIS and assumed to be 8.4± acres. In general, the property is composed of pine flatwoods with exotics and a residential site. The site is bordered to the east and south by major roads,and residential to the north and west. Soil Type - The soils on the property have been mapped by the National Resource Conservation Service (NRCS, formerly the Soil Conservation Service). Please see the attached NRCS Soils Map Exhibit F. These mappings are general in nature, but can provide a certain level of information about the site as to the possible extent of wetland area. According to these mappings, the parcel is underlain by Pineda fine sand and Hilolo Limestone substratum, Jupiter and Margate Soils. All are considered as hydric soils. Vegetation Communities—Each community was mapped in the field according to the system in use by the agencies, the Florida Land Use Cover and Forms CIassification System (FLUCFCS). Listed below are the vegetation communities or land-uses identified on the site. The following descriptions correspond to the mappings on the attached FLUCFCS map. See Florida Land Use, Cover and Forms Classification System (Department of Transportation 1999) for definitions. FLUCFCS CODES/DESCRIPTION 110 Residential (1.13±acres) These residential areas are occupied by single-family home sites and account for 1.13± acres of the property. Landscape planting and native Florida Slash Pines (Pinus elliottii) are present in these areas. Soils have been disturbed or filled, and replanted or seeded with Bahia (Paspalum notatum), St. Augustine (Stenotaphrum secundatum) and other lawn grasses. Other vegetation noted includes Mexican clover (Richardia grandiflor), beggar weed (Desmodium trnuifolium), and Spanish needles(Bidens alba). 411E1 Pine Flatwoods (1-24%% Exotics) (3.50±acres), This upland habitat type occupies 3.5± acres of the property. Slash pine (Pinus elliottii) dominates the canopy with occasional Earleaf acacia(Acacia auriculiformis), and cypress (Taxodium distichum) in the sub canopy. Brazilian Pepper (Schinus terebinthifolius), Myrsine (Myrsine cubana), and cabbage palm (Sabal palmetto) are found in the mid- story). Scattered saw palmetto (Serenoa repens), grapevine (Vitus rotundoifolia) and poison ivy (Toxicodendron radicans) dominate the groundcover in this community. Other vegetation observed includes beauty berry(Callicarpa americana), winged sumac (Rhus copallinum), carrotwood (Cupaniopsis anacardioides), swordfern (Nephrolepis exaltata), Catbriaer (Smilax spp.), Caesar weed (Urena lobata), brackenfern (Pteridium aquilinum), and Indian ficus (Ficus microcarpa). Vegetation is typical of upland communities and no hydrology or hydrologic indicators were present. 411E3 Pine Flatwoods(50-74% Exotics) (1.25±acres) This upland habitat type occupies 1.25± acres of the property. Slash pine (Pinus elliottii) dominates the canopy with occasional Earleaf acacia(Acacia auriculiformis), and cypress (Taxodium distichum) in the sub canopy. Brazilian Pepper (Schinus terebinthifolius), Boylan Environmental Consultants,Inc. EXHIBIT V.C. - Page 5 of 22 Golden Gate Estates Commercial and Institutional Infill Subdistrict Protected Species Survey Myrsine (Myrsine cubana), and cabbage palm (Sabal palmetto) are found in the mid- story). Scattered saw palmetto (Serenoa repens), grapevine (Vitus rotundoifolia) and poison ivy (Toxicodendron radicans) dominate the groundcover in this community. Other vegetation observed includes beauty berry (Callicarpa americana), winged sumac (Rhus copallinum), carrotwood (Cupaniopsis anacardioides), swordfern (Nephrolepis exaltata), Catbriaer (Smilax spp.), Caesar weed (Urena lobata), brackenfern (Pteridium aquilinum), and Indian ficus (Ficus microcarpa). Vegetation is typical of upland communities and no hydrology or hydrologic indicators were present. 411E4 Pine Flatwoods (>75% Exotics)(0.43±acres) This upland habitat type occupies 0.43± acres of the property. The community is dominated by Brazilian Pepper (Schinus terebinthifolius) with occasional Slash pine (Pinus elliottii) in the canopy. 621DE3 Drained Cypress (50-74% Exotics) (0.151 acres) Cypress are common in the canopy of this small community. Midstory was dominated by Brazilian Pepper. Other vegetation consisted of a mix of Dahoon holly (Ilex cassine), cabbage palm (Sabal palmetto),Myrsine(Myrsine cubana), and beauty berry(Callicarpa americana). The groundcover included grapevine (Vitus rotundoifolia), poison ivy (Toxicodendron radicans), Catbrier (Smilax spp.), Caesar weed (Urena lobata), swamp fern (Blechnum serrulatum), and oyster plant (Tradescantia spathacea). Although some vegetation is associated with wetlands communities,the lack of hydrology has resulted in ,ors,, the successional species that are more common in upland hammocks and disturbed sites. hydrologic indicators were observed in this area. 740 Disturbed Areas (0.53±acres) This area includes the disturbed areas adjacent to the roads from the road construction that included the sodden swales and utility lines. 814 Road (2.65± acres) This area includes the existing paved areas for Golden Gate Parkway and Santa Barbara. Boylan Environmental Consultants,Inc. EXHIBIT V.C. - Page 6 of 22 Golden Gate Estates Commercial and Institutional Infill Subdistrict Protected Species Survey TABLE 2: FLUCFCS COMMUNITY TABLE FuJ FC.S Legenit FLUCFCS Code Community Acres 110 Residential 1.13 Ac.± 27.29% 411E1 Pine Flatwoods,Exotics 1-24% 3.50 Ac. 41.72% 411E3 Pine Flatwoods,Exotics 50-74% 1.25 Ac. 16.09% 411E4 Pine Flatwoods,Exotics>75% 0.43 Ac.± 4.77% 621 DE3 Drained Cypress,Exotics,50-74% 0.15 Ac.E 1.79% 740 Disturbed lands 0.53 Ac.. 6.32% 814 Roads and Trails 2.65 Ac.± 2.03% TOTAL 9.64 Ac.f 100.00% SPECIES PRESENCE During the field survey for protected species on the property, 5 potential Big Cypress Fox Squirrel day beds or potential dreys were observed on-site. Other non-listed animal species noted include: Swallowtail Kite(Elanoides forficatus,Northern Cardinal(Cardinalis cardinalis), Blue Jay (Cyanocitta cristata), Northern Mockingbird (Mimus polyglotto,$), and signs of small mammal usage. DISCUSSION Due to the disturbed nature of the site, the abundance of exotic plant species, location, and lack of corridors or contiguous habitat of the property with off-site areas, it is unlikely that this site supports or would provide habitat for other protected species. The, nearby roads also create a barrier and a hazard to other animals. In order to determine if Big Cypress Fox Squirrels are actively nesting on the property the project will be resurveyed for stick nests prior to any site clearing. If potential daybeds are located at that time the nests will either be inspected or a five day Big Cypress Fox Squirrel survey will be conducted to determine if Big Cypress Fox Squirrels are actively nesting. If Big Cypress Fox Squirrels are determined to be actively nesting, no clearing or construction shall occur within 125' of the tree (or the distance approved by the latest FWC guidelines) until the nesting is deemed completed and approved by FWC or County staff. Community locations were estimated and drawn by using a non-rectified aerial with approximate property boundaries hence,their location, aerial extent, and acreage is approximate. Boylan Environmental Consultants,Inc. EXHIBIT V.C. - Page 7 of 22 Q V •b 0 .43 C/) U eu 14 -ti N 4) ... +r Cd U O 0 y+ sti 0 ra4 I. 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U W EXHIBIT V.C. - Page 8 of 22 Golden Gate Estates Commercial and Institutional Infill Subdistrict Protected Species Survey Exhibit A Project Location Map Boylan Environmental Consultants,Inc, EXHIBIT V.C. - Page 9 of 22 r -- — — i , NIL r"-. ..4 1':Z--'T-'N,,,,"114/111104;4101A71/a. . e.01, 1 morn r YLmK...top, IW/A�Or/ M',-tCaO. 10, ,,..d, ill■ t ::.:,;.,, ,,„,,, . ,,,,,,„,:,.. , ii-"oitak • , , I . _ 'ft, • ,,t.._, -!— 1 T7 uaeole.1 -• I VilabilIPO iii:!1.' tl _�� , ' n..ni •r'f r 1 COLLIER COUNTY g ca I MI I kV; laillicvw a m Iftim I, Villir em'AN, I 1i t1 • �Q l � �1� Ott (_ oak ix o C '4M 1ONMI ■03 L f afl << PROJECT LOCATION Q .- SEC 29,TWP 49 S,RGE 26 E J re. en t GOLDEN GATE BLVD i k L '__ C_ I ___-__ i _ 1-75 EXI' g AL go- a, /00 i `��—�IrlF[ =1-RADIO RD V. a J 0 g m - Dtawm By Date: Category p.e' F Boylan Golden Gate Estates Commercial and KAS etz110.5 Location Map Institutional Infill Subdistrict Environmental �` '�0b N"�"� �: C(� - Project Location Map onsultants, lnc. �� NTS • . A.r+ I mn.,,lassmi snnw .. sR/R County 11000 Metro Forlxuy,Sua e 4.n My.rt.FL 339 (1391+!&4,67! 29/49S/26E Collier EXHIBIT V.C. - Page 10 of 22 Golden Gate Estates Commercial and Institutional Infill Subdistrict Protected Species Survey Exhibit B TLUCFCS Map Boylan Environmental Consultants,Inc. EXHIBIT V.C. - Page 11 of 22 m a ' m a ..1 o ii aQ y v fi co W Uoo :.. U m m -1.. 0 Z ,`t.?— Li ()Co.t- U 1 F, R .. \ p g, p tict o [� wn a q �i C It) ci ' N o O7` CO r. va- d) d ci eJ 'd -t) -H LL.. m m m ppQ N M v1 H1 V1 ,r O . LL r V .-� ri O O O C`1 0, .1'. O t } 03 CO (if o L2. La Ya o v -� c ti+ N n o 3 � � �` U E `6 y _ y WQ E U W 14 w c ` r U A cd Amok b a '0 e c 0 0 0 Q, . 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'- • - - . • 41- -- - •' - f*, I ' -- -.-A-- - iii ,• • m , -.4# .... . 1#14 ., **,.......r. C. .. '. - r . a I ..-... .,... ..e EXHIBIT V.C. - Page 14 of 22 Golden Gate Estates Commercial and Instiitutional Infill Subdistrict Protected Species Survey Exhibit D Protected Species Survey Map Boylan Environmental Consultants,Inc. EXHIBIT V.C. - Page 15 of 22 E E c o to a h mfi w ro O o 0 1 42 h 2 L r 0,--- „,,,--. 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"",.�� - to + , r e■ +-. Tr' N = - - _`_ice — r.S- '€ ", 1 ,it z, 0 O -,,,..27-:'....,...:.- 9 b Vl Cry V5 M Z \O F` I h,.. yy r i N c' d e fir. r - 3 7i. } Si) I I ,,.. ,� 'L_a. M- 1 0 . U f & N N it r Lm E U T •o I O i W 'm m m e m .p g I - fir. •I 4 I t —�_ -? l Ni. .J . - e' ` z N YY E O y Q• ' '..3.. cs --�L_ ' ; ..• pE _ - f ' . . er, • 4 % , y i -,- O c a r�-ra r 1,^ tt {3 9 i�x. EXHIBIT V.C. - Page 18 of 22 Golden Gate Estates Commercial and Institutional Infill Subdistrict Protected Species Survey Exhibit F NRCS Soils Map Boylan Environmental Consultants,Inc. EXHIBIT V.C. - Page 19 of 22 i 99 1 i ca 3 \ , . 4,7t1,, ao .....z 6 • h _ D 4 2 Q-t�r _ c � �. - ell r i "` Yom; h -- s '- : _ kits -_ _ _ ` ._. • - a ' th. s 1 1-1-- ' r a ` = o + f S I # s v U T -ii iv, ,-AL i 4- -1 . � . 4 4 & '-....,- r , t.fik) t'l l'il:r:-1 k � 11. Ii y� 1 ( I N MI 0 s , :i::: C a)„. ' — Ll m O R^ L.- + Ilt -=+” p l- O W gi . 'a -(5:a M N o t c r � r- �f :' f 3' E. 13 - t. : Z� CP N .a. •1t r� m o 0` o1 i C ,r' N re 121 .. . 8 I. ,- ,.-1V.... • - r 0 .. r...- `. 4. ice_ c- �r� 1, j + '.�' #k �F-.. O ''' '.- --...1r,V-1 '- .i.' • ,' Vi4' '1%; ,. ,' - ,■• liott , ___ _,, .... ,,,, ,, , .1 __ . f`.J t EXHIBIT V.C. - Page 20 of 22 , DIVISIONS OP FLORIDA DEPARTMENT OF STATE y: •). MEMBER OF THE FLORIDA CABENE7' 4,4!Si Oast of tbe Sm.retary =Tim • vmat!o,ul Fed tow . State Hoard of Education Oftk,of[ntc Dlv[alor,of Elastic= t_• > i.j �'� 7tu=hv of sire Internal Improvement Tient Find Division of Corporation.' ` -`t.• = n.:'_,_;S. As/ministration Cammft�foo Div7da,of Cultural Altars 't�>. �" "t Florida Isnd and Min Ad)udtca}a,y Commission c 3 [ArLfa,olF1I,laica(Ruoura� 1.•�=�i+' -- "• SitingPaard ""' - Division of$and Bruxa DNrkya,of Library and Inform,lion Sorvlcet • - • Lpv}mtN fRcvmrm Division ofllm,:rrg ��' DOeeppa�rtGSD of l�vv Hmfoxsm�,t DIrEJan of AdmLvLha"ve Services airs ninon of Hiaknq Safety and Motor Yellin: FLORIDA DEPARTMENT OF STATE Department of Vetn-ma'Affair, Katherine Harris Secretary of State DIVISION OF HISTORICAL RESOURCES May 4, 1999 Mr. Jeremy Sterk • Boylan Environmental Consultants,Inc. 11000 Metro Parkway, Suite 4 Fort Myers,Florida 33912 RE: DHR Project File No. 992457 Cultural Resource Assessment Request USACOE Nationwide Permit Application • Golden Gate Parkway/Santa Barbara Parcel Collier County,Florida Dear Mr. Sterk: In accordance with the procedures contained in 36 C.F.R.,Part 800(''Protection of Historic Properties"), we have reviewed the referenced project for possible impact to historic properties listed, or eligible for listing, in the National Register of Historic Places. The authority for this procedure is the National Historic Preservation Act of 1966(Public Law 89-665), as amended. A review of the Florida Master Site File indicates that no significant archaeological or historical sites are recorded for or likely to be present within the project area. Furthermore, because of the project location and/or nature it is unlikely that any such sites will be affected. Therefore, it is the opinion of this office that the proposed project will have no effect on historic properties listed, or eligible for listing, in the National Register of Historic Places. Ifyou have any questions concerning our comments, please contact Scott Edwards, Historic Preservation Planner, at 850-487-2333 or 800-847-7278. Your interest in protecting Florida's historic properties is appreciated. Sincerely, George W. Percy,Director Division of Historical Resources and GWP/Ese State Mstoric Preservation Officer R.A.Gray Building • 500 South Bruno ugh Street a Tallahassee,Flo ' a 32399-0250 • http://www.flheritage.com 0 Director's Office 0 Archaeological Research Historic Preservation 0 Historical Museums 4550)485-1480 • FAX:488-3355 (850)487-2299 • FAX:4142207 (450)487-2333 • FAX;922-0496 (350)483-1484 • FAX:921-2503 0 Historic Pensacola Preservation Board 0 Palm Beach Regional Office CI Sf Augustine Regional Office 0'Hoops Regional Office (850)595-5955 • FAX 595.5999 (561)279-1475 • PAX:2794476 (904)373,5045 •FAX:625-5044 (8l 31272.684.3 • FAX:272-22401 EXHIBIT V.C. - Page 21 of 22 • • • :g , r 1° • . • Y`.,ys 7.7 RFC 26 RNG 27 • - 31 \ 92 33 34 35 J 36 31 32 ' IMP 4 l VIP 4' :r.• _ votonzar ccet e4+d • 3 2 1 B a 5 5 d cotgIO1 cars=AVM 4;-,--673 ® 10 11 12 7 B s . i1 a.� r'� 17 16 15 14 13 • 1115 ;ice �iq4y� R Y z— _ T' 1-.43c F^ •'-7 22 1 23 24 I® 20 21 3 •?t ^4 30 29 , 27 28 25 • s;-.. 28 m-tOCIrrzt» 34 . .m 35 36 31 32 33 • sa.a =WW1 A= t_n 'NEP 49 \ .c�ae(panto noel - T'4fP 50 B 5 4 3 2 I. 8 5 i.-__________ '4 7 8 I. 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EXHIBIT V.C. - Page 22 of 22 COPY GROWTH MANAGEMENT Revision 2 A MARKET FEASIBILITY STUDY ON NW/c Golden Gate Parkway and Santa Barbara Boulevard Collier County Naples,Florida tr 4 :ar r + R x tai -� '" 1 • ni f { • r: x .....-.- km It lty f Y FOR Continental Health Care Properties 555 Skokie Boulevard Suite 350 Northbrook, Illinois 60062 AS OF January 1,2012 PREPARED BY Province Valuation Group 5800 Mountain Creek Road Atlanta,Georgia 30328 MARKET VALUE APPRAISALS,MARKET STUDIES,FINANCIAL FEASIBILITY AND OPERATIONAL OVERVIEWS VRI tm,q CrRVG www,provinccvahtatbn_corn EXhibit VD Page 1 of 106 PROVINCE VALUATION GROUP Health Care Appraisers and Consultants January 1,2012 Mr.Joe Rosin Continental Health Care Properties 555 Skokie Boulevard Suite 555 Northbrook,Illinois 60062 Dear Joe: Province Valuation Group ("Province") is presenting this report in order to determine demand for assisted living and Alzheimer's services for a defined area of Naples,Collier County, Florida. Specifically, you have requested that Province Valuation Group examine the supply of and demand for a retirement center offering assisted living services, as well as Alzheimer's service, to be located at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard. The estimated Project size will consist of 92 assisted living units and 28 Alzheimer's units. In addition,the center will include a 3,200 square foot rehabilitation area for out-patient services, as well as providing rehabilitation services to the residents of the facility. As detailed later in this report, we have analyzed the demographics for a four zip-code area considered to be the primary market area (PMA) detailed later in this report(34112, 34104,34119 and 34116). SCOPE AND PURPOSE OF THE STUDY Our analysis included a site visit and desk review of Naples, Collier County, Florida. The study analyzed the local services, identified and profiled the primary market and analyzed income and demographic data concentrated on the elderly population. The income and demographics for the overall population base have been studied. 5800 Mountain Creek Road Atlanta,Georgia 30328 404-459-0066(1-775-307-2488 efax) www.provincevaluation.com EXhibit VD Page 2 of 106 Mr.Joe Rosin 1/1/2012 Continental Health Care Properties Page 2 Specifics analyzed in our study include: • Analysis of the site for the proposed development; • An overview of current and proposed assisted living and Alzheimer's services; • Income and demographic analysis tied to the PMA; • Analysis of net demand in the selected PMA that includes assumptions based on industry knowledge of the following: • analysis of utilization rates; • estimation of market draw;and • estimation of supply(assisted living and Alzheimer's services). SUMMARY OF FINDINGS-NET DEMAND The forecasted demand is the final demand for the market area taking into account all of the previously described factors. Overall, there appears to be demand for assisted living and Alzheimer's services. Payor Mix The Project's operations will provide services to private pay residents. Recommendations Based upon the information contained in this analysis, it is our opinion that there appears to be demand for assisted living/Alzheimer's services for the community of South Naples.This recommendation is based on the following factors: • Demand in the area continues to be positive; • Population growth over the next five years indicates there will continue to be a need for services; • The South Naples market has limited competitive communities; • The North Naples market area is nearly built-out. Therefore, South Naples offers the only remaining area with available land for larger developments; • The site is well positioned at the intersection of a recently widened artery (Santa Barbara Boulevard and Golden Gate Parkway); • While some of the retirement communities in the surrounding area have realized concessions and a decline in occupancy, several have increased rates over the last year; • The Project will have a state-of-the-art physical plant that will be superior in design to the majority of the surrounding development within the primary market area; 5800 Mountain Creek Road Atlanta,Georgia 30328 404-459-0066(1-775-307-2488 efax) www.provincevaluation.corn EXhibit VD Page 3 of 106 Mr.Joe Rosin 1/1/2012 Continental Health Care Properties Page 3 • The Project has an excellent location with a high traffic count that will 4110 provide the development with enhanced access and exposure;and • The Project is anticipated to have a solid network system in place and experienced management. The following study provides a preliminary analysis of the market, as well as a demand analysis for assisted living and Alzheimer's services within the community of South Naples. It has been a pleasure to serve you in this matter. Sincerely, '<2 Carol Reynolds, MAI,CCIM Principal 5800 Mountain Creek Road Atlanta,Georgia 30328 404-459-0066(1-775-307-2488 efax) www.provincevaluation.com EXhibit VD Page 4 of 106 Section III-Page 1 TABLE OF CONTENTS TABLE OF CONTENTS III-1 PHOTOGRAPH EXECUTIVE SUMMARY V-1 V-2 Engagement Scope V-2 Observations of Services and Current Positioning in the Market V-4 Executive Summary V-5 PROJECT DESCRIPTION V-7 Summary of Project V-7 Physical Layout V-8 Area Analysis(Naples) V-9 Neighborhood Analysis(Naples) V-18 Site Data MARKET/SUB-MARKET DEFINITION V-30 V-35 5 Market Area Defined V-35 CURRENT INVENTORY V-37 Existing Assisted Living Supply V-38 PIPELINE ACTIVITY V-64 Proposed Supply and Impact of Planned Supply V-64 DEMAND ESTIMATE V-67 Demand Analysis-Assisted Living V-67 Demand Analysis-Alzheimer's V 78 NET DEMAND FINDINGS AND CONCLUSIONS V-88 ADDENDA Qualifications Certification Naples Market Study Continental Health Care Properties 4if PROVINCE C:/1660/cr EXhibit VD Page 5 of 106 Section IV-Page 1 AERIAL OF SITE : ,. , . . o ._ . 4 •4 .1 t ‘t,,.., - :' , ,, N4444:...4:1,,; 11' " V ° 4* ly 4 e ft7 ..*4 - i i +I. i_. 4 , .,�4 '' * N �, Vit if °V..' 0 41 Naples Market Study PROVINCE 43 Continental Health Care Properties PYoROV I r C:/1660/cr EXhibit VD Page 6 of 106 Section IV-Page 1 SUMMARY OF MARKET STUDY ASSUMPTIONS/UTILIZATION Intended User/Use of Report: The intended user of this report is Continental Health Care Properties.The use of the report is to determine the Market Feasibility for the planned Project. Effective Date of Conclusions/Date of Inspection: The site was inspected on December 15, 2011 and the effective date of the conclusions is January 1,2012. Extent of the Analysis and Process: The extent of this analysis included the inspection of the subject site, including interviewing management, inspection of competing health care facilities in the area, review of architectural plans, as well as an analysis of the area, city and neighborhood, analysis of market parameters include occupancy levels and concessions. Use Restrictions. The Project will not be subject to use restrictions other than those implied by the state for the licensing of assisted living facilities in the state of Florida. These use restrictions will not affect demand for services but act to provide care (under state guidelines) for those seeking assistance with activities of daily living. Ownership/Financing/Census Mix: The Project is forecasted to be owned and operated by a For-Profit entity and with market financing. Payor Source:The payor source will be private pay. Naples Market Study Continental Health Care Properties PROVINCE C:/1660/cr EXhibit VD Page 7 of 106 Section V-Page 2 EXECUTIVE SUMMARY (SUMMARY OF RECOMMENDATIONS) Purpose of the Engagement Province Valuation Group, a nationally recognized provider of senior-related marketing services, was contracted to provide data collection and analysis to assist in evaluating the demand for assisted living services,as well as Alzheimer's services in the community of Naples ("the Project"). The estimated Project size will consist of 92 assisted living units and 28 Alzheimer's units. In addition, the center will include a 3,200 square foot rehabilitation area for out-patient services,as well as providing rehabilitation services to the residents of the facility. The center will consist of a two-story assisted living section("Y"-shaped) consisting of one-and two-bedroom units. Each floor will contain a total of 46 units consisting of 14 one-bedroom suites and 16 two-bedroom suites. At the juncture of the "Y" (on the first floor) will be an open living room(open to the second story),an activities room/dining room and a wellness center. Directly outside the common area space will be an outdoor living area and a small nicely landscaped pool area. Outdoor areas will also include a small putting green and pathway that leads to a Chapel/community room located within the main core of the facility. Second floor common areas will include an activity room and outdoor terrace/balcony area. The 28-bed Alzheimer's will be situated on the opposite side of the building and will contain 16 one-bedroom units and six two-bedroom units. This wing (one-story) will also contain a central bath, dining room,two activity rooms and two support centers. Two courtyards will be located off the central core and an additional courtyard with memory garden will be located at the extreme end of the building. The central core of the building provides for a porte cochere entrance leading to a main lobby, reception area,Chapel, gift shop,post office,salon,library,market,café,the commercial kitchen and common dining area. Also located in this area are the mechanical rooms and two elevators providing access to the second floor. Parking is located along the front portion of the development, as well as long the eastern side of the site and along a portion of the rear of the building.The eastern end of the site will contain a 0.6 acre lake and the extreme northwestern portion of the site will contain a nature preserve (0.99 acre)with a picnic gazebo area. Total acreage is 9.62 with a total building square footage of 67,800. Naples Market Study Continental Health Care Properties 40 PROVINCE Valuation Group C:/2108/cr EXhibit VD Page 8 of 106 Section V-Page 3 Province has conducted a Preliminary Market Evaluation of the community and its respective market in order to assist with decisions as to the short- and long-term demand for services within a four zip-code area(34112,34104,34119 and 34116-detailed later in this report). The purpose of this assessment is to provide decision makers with data and information that may be used to determine the viability of the proposed Project in Naples,Florida. Engagement Scope Continental Health Care Properties sought assistance from a nationally recognized provider (Province) of senior-related marketing services to provide data collection and analysis to assist in evaluating the probable long-term market viability for the Project. Real Time Market Indicators The following market data and indicators were obtained and analyzed for the Naples market/service area for the Project: • Real estate trends and related home values; • Economic impact of business and industry,economic growth/decline,related employers and employee profiles,impressions of local economic development personnel; • Demographic trending of seniors,next generation,adult children,including growth/decline patterns,wealth,status,migration patterns and other pertinent demographic impact data;and • Competitor profile including existing and planned product. Province incorporated its findings, observations and recommendations into the overall Preliminary Market Evaluation document for the proposed assisted living facility, as well as Alzheimer's services. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr YalalnnC.'ro,p EXhibit VD Page 9 of 106 Section V-Page 4 Market Viability Assessment The following information summarizes the parameters utilized in the overview of Collier County and within a four zip-code area: • Occupancy and operating statistics; • Payor mix and trends;and • Competitor analysis. Lastly, findings are summarized and observations were made in comparison to industry standards (as available), as well as national and regional trends of other like providers based upon the national experience and research of the Province marketing and strategy professionals. Observations of Services and Current Positioning in the Market The Project is anticipated to provide for assisted living services, as well as Alzheimer's services within the community of South Naples. The physical plant will be in excellent condition with a proposed construction time of 12 to 18 months. Inspection of the community indicates there are several retirement communities located throughout the Naples area. However, the majority of the centers are located within north Naples and outside the primary market area. Amok The following information summarizes the facilities in the market area: < ' Arden Court provides primarily for Alzheimer's care in studio and semi-private units. The facility is operated by ManorCare and the center remains relatively full. Private pay rates have increased over the last year while semi-private rates have decreased indicating a preference for private rooms. The average rate of increase has been 3.0 percent annually over the last several years. Due to the specific level of care provided, this facility will be partially competitive. Terracina Grand is an elegant senior living community with gracious community areas. Amenities include a beauty salon and spa, heated pool, scheduled transportation and social and recreational activities. The building and grounds are well-maintained and residents can choose from a variety of floor plans including studio, one-bedroom, one- bedroom/den and two-bedroom unit. Common areas include walking areas and outdoor heated pool and spa, dining room, private dining room, billiards room, patio areas for outdoor activities, library and fireplace lounge. This facility is located within the primary market area and is considered competitive to the planned Project. Barrington Terrace has primarily studio units (formerly known as Heron House). Lease- up was originally slower than anticipated most likely due to the small unit sizes and the facility's location on the south side of town. However, the property overlooks the Lely Naples Market Study Continental Health Care Properties e$PROVINCE Volsuman Group C:/2108/cr EXhibit VD Page 10 of 106 Section V-Page 5 Palms Golf Course. This facility is located outside the primary market area (along the periphery)and will be partially competitive with the planned Project. Lely Palms Retirement campus includes the Arden Courts dementia care facility. as well as 148 independent living apartments,52 independent living villas, an eight unit twelve bed assisted living center and a 117 bed nursing center. All of these centers are in place primarily for the residents of Lely Palms but the nursing center does accept private pay patients from outside the community. As Lely Palms does provide month-to-month independent living rentals and the nursing center is available to non-residents of the community, this community is considered to be partially (50.0 percent) competitive with the planned Project. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr EXhibit VD Page 11 of 106 Section V-Page 6 Executive Summary Based on analysis and research of the market area,the following observations have been made. While the slowdown in the national economy has impacted the area, the city of Naples continues to realize development, however at a slower pace than it has experienced in the previous five years. The county and the city are utilizing this period of economic slowdown to revitalize the city and to encourage more growth in the commercial sector to compensate for the rapid population growth. Statistics indicate an increase in the unemployment rate during the first quarter of 2009 for the state and for the county. It is noted that the state currently has a higher unemployment rate than that of the nation (8.5 percent). However, the rate for the state has decreased over the last year, as has the county rate. The county is currently reporting an unemployment rate just above that of the nation and below that of the state. While the North Naples area has been the prime upscale market area for Naples, the South and Southeastern portion of the city are prime for development due to the lack of available land in North Naples. Overall, the demographics for the Project PMA are considered to be very strong, as is the secondary market draw. Therefore, while the demographics are supportive of ample age and income qualified senior residents (detailed later in this report),the adult population base is also quite strong, reflecting a market area that has the potential to provide a strong draw from outside the four zip-code primary market area. The area surrounding the Project has one existing retirement community within the four zip- code primary market area. However, several communities exist to the north and south of the primary market area. The area surrounding Naples has realized no new development of senior services over the last several years. However, one facility has undergone a major renovation. While growth has slowed, demographics indicate the community will continue to realize growth in population and income through 2015. The Project will be of state-of-the-art design and will provide for quality amenities and services that will fill a void currently in the market for assisted living services, as well as Alzheimer's services within the four zip-code primary market area.The Project has an excellent location at the intersection of a major north/south and east/west artery. Impact of Planned Development in the Market Area - We are aware of one planned retirement community that was planned for south Naples (60 assisted living units and 30 Alzheimer's units). The 11.25 acre site is located along Airport Pulling Road and Glades Boulevard. Research does not indicate that this facility has received a license to operate. However, we have included the 60 planned assisted living units in the demand analysis for 2014. Naples Market Study Continental Health Care Properties PROVINCE 'labia,.Group C:/2108/cr EXhibit VD Page 12 of 106 Section V-Page 7 SUMMARY OF PROJECT(PROPERTY DESCRIPTION) Existing Project The purpose of this assessment is to determine the feasibility for a retirement community that may include assisted living and/or Alzheimer's services to be located at the northwest quadrant of Golden Gate Parkway and Santa Barbara Boulevard, Naples, Collier County, Florida. The Project is in the initial stages of planning.Therefore,complete plans have not yet been developed. The following information summarizes the services and amenities that may be provided. Services Assisted Living Services - Basic services include three meals a day, weekly housekeeping, 24-hour security with an emergency alert system, maintenance of grounds and appliances, assisted living activities and 45 minutes of personal care services per day.Care services above 45 minutes will be charged accordingly. Alzheimer's Services-Services are to include three meals a day,weekly housekeeping, 24-hour security with an emergency alert system, maintenance of grounds and appliances, assisted living activities and all assistance required for the care of Alzheimer's residents.Services will be all inclusive within the monthly rate. Amenities Amenities are to include the following: • Private and semi-private suites in assisted living units/Alzheimer's units; • Administrative offices and conference room; • Dining areas; • Activity rooms; • Commercial kitchen; • Bistro; • Utility rooms; • Entry Gallery; • Wellness Center with pool and locker rooms; • Storage; • Family-like communities within the core of each floor;and • Exterior recreational areas including a pool,cabana and garden area. Management The Management team has not yet been selected. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr EXhibit VD Page 13 of 106 Section V-Page 8 Licensure The assisted living units are anticipated to be licensed for Level 1 and Level II(ECC) care. Level II care is required for the care of Alzheimer's residents in the state of Florida. Quality The improvements will be of excellent quality and state-of-the-art design. Site Characteristics The following table details the site characteristics: Site Characteristics Topography - Level Paved Land Access - Good from both fronting streets Exposure - Excellent from main road frontage Other - None noted Public Services - Served by all pubic utilities Naples Market Study Continental Health Care Properties 4if PROVINCE Valuation Grov C:/2108/cr EXhibit VD Page 14 of 106 Section V-Page 9 AREA ANALYSIS Location Characteristics and Brief History The Project will be located in Naples,Collier County,Florida.The county is located in the lower southwest section of Florida, in the Naples-Marco Island Metropolitan Statistical Area (MSA). Miami is located 104 miles east; Orlando, 166 miles northeast; Atlanta, 550 miles north; New York,2200 miles northeast and Chicago,1,135 miles northwest. Before the arrival of Spanish explorers,Florida's lower Gulf Coast was inhabited by the Calusa Indians. The area remained virtually uninhabited until after the Civil War when farmers and squatters began their southern migrations. Early pioneers fished, hunted and raised crops for a living. Collier County was created in 1923 and its early growth is tied to millionaire, Barron Gift Collier. With his fortune from streetcar advertising he built paved roads and introduced electric power and telegraphs, bringing development to Florida's last frontier. Barron Collier's completion of the Tamiami Trail in 1928 unlocked the region's potential in the agriculture and resort sectors. World War II introduced hundreds of servicemen to the county and city via a U.S. Army Airfield (now Naples Airport). Many veterans returned after the war, started businesses and helped the area to grow and become a destination for tourism and real estate. Economy Collier County/Naples has long been an attractive destination for retirees. Therefore, the population is slightly older than other areas of the country. It also experiences seasonal population increases due to the retirees and the "snowbirds" who winter in the area. The population increases by an estimated one-third due to the seasonal residents and short-term agricultural workers in the Immokalee area. This creates a high degree of seasonality in the retail,service and hospitality sectors. Collier County extends from the middle of Florida to the Gulf Coast. Naples refers to the western edge of Collier County and consists primarily of separate communities within the county and represents only a small part of the population and geographic area. The majority of the Naples population lives within planned urban developments (large tracts of land where developers constructed the roads, sewers, boulevards, housing, golf courses, community amenities,etc.). The far western edge of Naples has been mostly built out. The opportunity to build something new is confined to redevelopment. Due to the lack of large tracts of land in western Naples (only a few smaller tracts suitable for small communities), development opportunities for new communities that require large tracts of land (golf course communities for example) are confined to the northeast and southeast reaches of Naples. On the eastern edge of Naples is Golden Gate Estates. Golden Gate Estates is a large area consisting of residential lots of an acre or more. This area is carved out of former swamp land Naples Market Study Continental Health Care Properties R5 PROVINCE C:/2108/cr y ` EXhibit VD Page 15 of 106 Section V-Page 10 that was drained in the early 60s through a series of canals. Single family homes and lots can be purchased, but no development exists within that area. As residential growth continues, new housing trends will head further east and south within the Naples area. Employment Sector Listed below are the major county employers as listed by the Economic Development Council of Collier County: Company Product Employees Collier Co.Public Schools Education 6,685 Collier Co.Government Government 2,984 Naples Community Hosp. Healthcare 3,007 Public Supermarket Grocery Stores 2,214 Wal-Mart Retail 1,547 Collier Co.Sheriffs Office Government 1,273 Marriott Hotels and 743 Fifth Third Bank Finance 733 Naples Grande Resort Hotels and 605 Barron Collier Partnership Real Estate 600 California Pizza Kitchen Restaurant 576 Physicians Regional Med. Healthcare 551 Robert Forbis Inc. Construction 543 Home Depot Building 542 Moorings Park Retirement 522 City of Naples Government 509 .eta, U.S.Postal Services Postal Services 504 Classic Bentley Village Retirement 501 Kraft Construction Co. Construction 447 Naples Beach Hotel Hotels and 425 Naples Daily News Publishing 408 Hilton Hotels Hotels and 411 Anchor Health Centers Healthcare 398 Naples Market Study Continental Health Care Properties R5 PROVINCE Varuan„croup C:/2108/cr EXhibit VD Page 16 of 106 Section V-Page 11 Economic Development and Future Trends Real estate values in Collier County and Naples have been depressed as in other southwestern areas of the state -notably the Fort Myers area. However, according to the Naples Florida Real Estate Guide, recent sales of real estate in Naples are higher than the previous year. It has also been noted that foreclosed homes are selling in a short time and buyers with realistic expectations are benefiting from current market conditions as prices of Naples real estate has rolled back five years or more. Naples inventory is down in every price segment in both condominiums and single family homes, with the exception of condominiums above $5,000,000. Third quarter 2011 inventory posted a 24.0 percent decline over third quarter 2010 and a 45.0 percent decline compared to third quarter 2007. Naples inventory is at its lowest level since third quarter 2004. Naples' banking industry continues to be a growing market with a very strong customer base. Regarded as having more millionaires and financial institutions per capita than any other area in the U.S., Collier County's deposits at local area banks continues to grow. With the aging of the population base, the banking industry for Collier County is forecasted to remain very strong. Listed below are some of the reasons for the upswing of the market: • As real estate prices are returning to before pre-boom prices, buyers wishing to buy in Naples now find the area affordable; • Local residents can now afford to buy homes at current price levels; • Naples real estate market is driven by second home buyers and remains a very attractive area during the northern colder months;and, • Investment buyers,including foreign buyers,have re-entered the market. Homes and condos listed under $300,000 continue to represent the most active segment of the market with condos over $300,000 and single-family homes over $600,000 selling at a slower pace.A large portion of the houses listed under$200,000 are in areas inhabited by local working residents. Second home buyers do live in these areas but the communities may lack amenities and the locations may be more remote. However, there are also other communities with a high concentration of second home residents that have appeal due to location, amenities, or golf availability. Some of these condos might be older - however some are new - and are in gated golf communities with a great Naples location. The homebuilding industry has also suffered due to the inventory of unsold new houses and the glut of about 15,000 houses listed for sale through realtors. The above mentioned industries are the key targets for expansion and recruitment to Collier County by the Department of Economic Development.As a result,ASG Software and Arthrex,a manufacturer of medical equipment, are success stories for the area as they have continued to expand since establishing their businesses in the county. Also, the professional and business sectors are expected to achieve growth through 2012. Naples Market Study Continental Health Care Properties 4R5 PROVINCE Va&auon Group C:/2108/cr EXhibit VD Page 17 of 106 Section V-Page 12 In the wake of the closure of the Economic Development Council of Collier County (EDC),The Greater Naples Chamber of Commerce is taking the first and what they believe is the most important step to help job growth. Recently formed is the Partnership for Collier's Future Economy. Its mission is to help existing businesses expand and grow for the benefit of all Collier County citizens. Programs that are being adopted are FastTrac GrowthVenture, the Roundtable, the Chairman's Luncheon Series, Business of the Month and the Excellence in Industry Awards. The EDC focused on a number of key areas of economic development, such as business attraction and reverse investment. The Partnership was narrowly focused on helping existing businesses. In that effort, the Partnership has formed alliances with numerous organizations who have dedicated their unique talents and resources to help inform,educate,retain and grow existing business in our community. Organizations like SCORE, Gulf Coast Venture Forum,the Small Business Development Center of FGCU, Hodges University, Edison State College-Collier Campus and the Economic Recovery Task Force,to name a few. Health Care Physicians Regional Healthcare System, formerly Cleveland Clinic Florida, is comprised of two hospitals, Physicians Regional-Pine Ridge and Physicians Regional-Collier Boulevard. The Collier Boulevard hospital, an $80 million 100-bed facility, is Southwest Florida's newest hospital that was completed in February 2007. This hospital brings services to East Naples and Marco Island. The two hospitals have separate and complementary services and operate with one leadership team under the umbrella of Physicians Regional Healthcare System. Together ___ the hospitals have 183 beds, of which 163 are adult and pediatric and 20 are intensive care. A ,, full roster of medical services is provided. NCH Healthcare System operates two hospitals - NCH Downtown Naples Hospital and NCH North Naples Hospital. Combined, the hospitals are comprised of 681 beds - 420 beds in the Downtown Naples hospital and 261 acute care beds in the North Naples hospital. Services offered include advanced heart care,via the Shick Heart Center,cancer,obstetrics,newborn and pediatric care.Oncology,diagnostic and rehabilitation services are also available. Education The Naples public school system is comprised of 18 elementary schools, eight middle schools and seven high schools. Various private schools are also located in the county and city. Institutions of higher education include International College and the Lorenzo Walker Institute of Technology. Florida Gulf Coast University and Edison College are located in Fort Myers,30 miles north. Access Interstate 75 (north/south) is a major interstate in the midwest and southern United States.This interstate system travels from Sault Ste. Marie,Michigan to Hialeah,Florida,a suburb of Miami. When the highway reaches Naples it turns east toward the Fort Lauderdale area,linking Naples Naples Market Study Continental Health Care Properties Eif PROVINCE Valuation Group C:/2108/cr EXhibit VD Page 18 of 106 Section V-Page 13 to the east coast and Interstate 95, the major east coast artery. This stretch of road is known as Alligator Alley. U.S. Highway 41 (north/south) runs from the upper peninsula of Michigan to Miami, Florida. The highway is parallel to Interstate 75 on it travels from Georgia to Miami. The road turns southeast from Naples to travel through the everglades to Miami-this portion is known as the Tamiami Trail, derived from the combination of Tampa and Miami (designated as a National Scenic Byway). State Roads 29,82,84 and 951 travel throughout the region providing access to cities,towns and communities. Airports: Most residents and travelers use Southwest Florida International Airport in Fort Myers, 30 miles north of Naples, for their commercial air service. The airport serviced approximately eight million passengers in 2007. More than 20 airlines provide non-stop service throughout North America and international service to Canada and Germany. Major gateways in Atlanta,Chicago and New York provide access to national and international destinations. Naples Regional Airport provides general aviation services and limited commercial service,via Gulf Coast Airways,to Key West. The area is serviced by Greyhound Bus and public transportation is provided by the Collier Area Transit. Water transportation is limited to personal and charter boats at marinas. Freight rail service is provided by Seminole Gulf and Norfolk Southern lines. Unemployment Rates The following table details the unemployment rates for the nation, state of Florida and Collier County. UNEMPLOYMENT RATE 14.0 12.0 10.0 8.0 / —Nation 6.0 —Florida * Collier County 4.0 2.0 0.0 • • 2006 2007 2008 2009 2010 2011. Source:Bureau of Labor Statistics Summary: Statistics indicate an increase in the unemployment rate during the first quarter of Naples Market Study Continental Health Care Properties WROVINCE c•.�,p C:/2108/cr EXhibit VD Page 19 of 106 Section V-Page 14 2009 for the state and for the county. It is noted that the state currently has a higher unemployment rate than that of the nation (8.5 percent). However, the rate for the state has decreased over the last year, as has the county rate. The county is currently reporting an unemployment rate just above that of the nation and below that of the state. Population-Collier County The following table details the total population trend for Collier County. POPULATION BY AGE COHORTS Geography:County 100,000 90,000 80,000 70,000 60,000 50,000 •2010 40,000 ■2015 30,000 — � 20,000 — ■ ■ ■ ■ 10,000 0 15-24 25-44 45-64 65-74 75-84 85+YRS YRS YRS YRS YRS YRS Population Trends: The demographics for the area indicate a continued trend toward an increase in population.Growth is anticipated to be good through 2014. APlook Income The following table details median income for the 75-85+age cohorts for Collier County. MEDIAN INCOME-OVER 75 POPULATION BASE Geography:County 14,000 12,000 10,000 8,000 •2010 6,000 ■2015 4,000 2.000 —�■ 0 Under $15,000- $25,000- $50,000- Over $15,000 $24,999 $49,999 $74,999 $75,000 Income Trends: Median household income characteristics indicate growth for the over $25,000 income brackets. The under $15,000 and $15,000 - $24,999 income brackets are also anticipated to grow, however, at a slower rate. The demographics are indicative of a market area that is Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr u �,� EXhibit VD Page 20 of 106 Section V-Page 15 experiencing a growth in income levels. Housing Characteristics The following table details housing characteristics for the subjects market area. HOUSING CHARAC'I'bRISTICS 400,000 350,000 300,000 250,000 200,000 •2000 150,000 ■2010 100,000 ■2015 50,0 0 __ _1111 Households Med.House. Med. Avg.Home Inc.55+ Household Value Income Housing Trends: Housing characteristics indicate a continued increase in households and household size through 2015. Of note, median household income and average household wealth are anticipated to increase through 2014. Naples Market Study Continental Health Care Properties 4R7 PROVINCE Valuation Group C:/2108/cr EXhibit VD Page 21 of 106 Section V-Page 16 Recreation Collier County/Naples is known as Florida's Paradise Coast. The best known area asset is the 17 miles of white beaches along the Gulf of Mexico. The natural beauty and wildlife of the area secure the county as a popular destination for high-end retirement and winter resident "snowbirds." There are endless opportunities for boating, deep sea fishing, shelling, hiking, canoeing,airboating,all water sports and beach relaxation. Golf is also a huge recreational and competitive activity. More than 80 championship courses are located in and near Naples, some designed by Jack Nichlaus and Tom Fazio. The Conservancy of Naples, an organization devoted to protecting Southwest Florida's natural resources, operates two nature centers: The Naples Nature Center and the Briggs Nature Center that offer educational programs relating to Florida's ecosystem. Naples Botanical Gardens and Naples Zoo are also area attractions. State and National parks located in the county include: Corkscrew Swamp Sanctuary, Everglades National Park, Collier-Seminole State Park, Delnor- Wiggins Pass State Park,Fakahatchee Strand State Park and Wilderness Waterway. Culture/Festivals Museums and galleries include the Naples Museum of Art, the Von Liebig Art Center, the Big Cypress Gallery, Marine Arts Gallery and the Collier County Museum. Fans of performing arts can enjoy the Naples Philharmonic Orchestra,Opera Naples,Classic Chamber Concerts,Naples Concert Band, Naples Orchestra and Chorus, Naples Music Club, Naples Players and the Philharmonic Center for the Arts presentations of music,dance and theater.Summer Jazz on the Gulf, Naples Spring Art Festival, Christmas Walk, Festival of Lights and open air concerts are held annually. Shopping Shopping and fine dining venues are plentiful. Many national department stores, boutique shops and galleries are scattered throughout the Naples/Marco Island MSA. Conclusion There is no doubt the housing market has and is still suffering in Collier County/Naples. It has been a well known high-end retirement area for seniors and foreign visitors who have been seeking the "good life." After a setback of adjusting housing prices, the area still has the advantage of its warm climate and natural beauty that will remain a draw for northern residents who wish to escape the cold winter months. Baby boomers are also approaching retirement age and that may be another draw for the area. After adjustments, the economy is expected to continue an upward then,though at a much more moderate pace. Naples Market Study Continental Health Care Properties 4.0 PROVINCE C:/2108/cr vim; ,��p EXhibit VD Page 22 of 106 dm Section V-Page 17 0 ''' DELORME DeLorme Street Atlas USAF 2009 w-- `} p; `age Park r` J AREA MAP i -Cape Cora Pert Wars VIII s 3 t .Cypress Lk Alt- i F____iside i ® I /F-n— t ;/'•Sanibel Fort Myers Beach - s '�, 'r Estero 1 I kmiokelee. I `\ 13 -r---' p_ IniPkaiee •`—/ry o ,Cocomit Bl '- I ED "Bonita Springs --y * *Ave Mena zo •e In Beach_.., _ — rQ I 1— Sunnilantl • ales Park o i ! Ii—, .Pelican bay SUBJECT 1 ' l �i 1- Napl=s 1_+— oss East Naples Sang RA �; gpgp Deep Lake i Mean. Jerome *Marco Island % 1 L-- ( Copeland oz —'•doodland ^-e Everglades Clty:„ Everglades/iperk a Chokoloskee• Data use subject to license * M:_M _ MI ©DeLorme.DeLorme Street Atlas USA 2009. 0 2 4 6 8 10 wvwr.delorme.com MN(4.9°V) Data Zoom 9-0 Ii Naples Market Study Continental Health Care Properties 4if PROVINCE II C:/2108/cr y ,;.,�'orp EXhibit VD Page 23 of 106 Section V-Page 18 NEIGHBORHOOD ANALYSIS Neighborhood Neighborhoods may be devoted to one, or more uses such as residential, commercial, industrial, agricultural, cultural and civic activities. Analysis of the neighborhood in which a particular property is located is important due to the fact that the various economic, social, political and physical forces that affect the neighborhood also directly influence the individual properties within it. An analysis of these various factors as they affect the Project is presented in the following discussion. The Project is located within the incorporated area for the city of Naples in the Golden Gate area of the city(eastern side). Based on the property's specific location,the neighborhood for the Project is considered to be comprised of the following zip codes (34104, 34112, 34116 and 34119). The primary market area is detailed later in this report. Access As indicated, Interstate 75 and U.S. Highway 41 provide excellent access through the community. Santa Barbara Boulevard provides north/south access through the community and Golden Gate Parkway provides east/west access through the community. Both arteries provide the site with an excellent location within South Naples. Existing Development The site is well located at the intersection of Golden Gate Parkway and Santa Barbara Boulevard. Existing development includes single-family housing, as well as low-rise commercial and retail use. The following information details existing development in the surrounding area: Multi-Family - No significant multi-family development was noted proximate to the Project. Single-family - Single-family residential homes are located throughout the area. The majority of the homes were constructed over 30 years ago and are in good to average condition(proximate to the Project). Single-family housing is located to the north and south of the subject with higher priced housing located to the northeast (North Naples). To the east and southeast,development is less dense. Commercial and Institutional Uses - The bulk of the commercial and retail development is located along Santa Barbara Boulevard and Golden Gate Boulevard. Included are numerous churches, schools, several small restaurants, retail bank branches. Also located proximate to the Project is a CVS pharmacy and a mini-market. Naples Market Study Continental Health Care Properties R5 PROVINCE Va&awn Ciro C:/2108/cr EXhibit VD Page 24 of 106 Section V-Page 19 The following map depicts the immediate area surrounding the site. ... t F.1•.q..., Mt -, :..4,1,- --.*.a { ° 11'0• "8 2 S'i r-rS.`�✓°� ,y. 3 h„., tt �Y, t � ' w0 r '.� o•a1�t t ,, a ji � �� ` � .._ . „,_,. ., y LeGaPj & Saira`Ea:basa El,;n7..-.1. d .Vap'es 4_3.41 66 ' ' l:i VI Ilr ,' a a' 1 . ^i le a $ . vf+ . y .... a ' • • r , r New Development No new development was noted on the day of the site visit. However, the intersection of Santa Barbara Boulevard and Golden Gate Parkway has been widened over the last 12 months due to growth and development throughout this portion of south Naples. The expansion of both arteries provides excellent exposure for the Project from both Golden Gate Parkway and Santa Barbara Boulevard. Naples Market Study Continental Health Care Properties 4RFPROV1NCE Warman Group C:/2108/cr EXhibit VD Page 25 of 106 Section V-Page 20 Percent Built-Up The following table details the percent built-up by development type in the market area. Type of Development - Percent Single-Family - 60.0 Percent Multi-Family - 5.0 Percent High Density Commercial - 0.0 Percent Low-Density Commercial - 15.0 Percent Industrial - 5.0 Percent Institutional - 5.0 Percent Vacant - 10.0 Percent The area has experienced stability over the last several years. The community was slated for strong growth and development prior to the economic slowdown due to the lack of available land within the greater Naples area. All indications are that the neighborhood will continue to experience slight growth over the short-term. Long-term growth is anticipated once the economy regains strength. The mix of development within the neighborhood is anticipated to remain relatively stable with a slight increase in high-density commercial development (based on the widening of both Santa Barbara Boulevard and Golden Gate Parkway). Population The following income and demographic trends for the Project are based on the primary market area (PMA), which is detailed later in this report (four zip-code area). The demographics were compiled by Claritas,a national data firm. PRIMARY MARKET AREA-POPULATION BY AGE COHORT Geography:4 ZIP Codes 18,000 16,000 14,000 - 12,000 ,. 10,000 - •2000 .. 8,000 MIN 2010 6,000 - f._ Y 2015 2,000 — .. :: ; 0 t` t.. 50-54 55-64 65-74 75-84 85+YEARS YEARS YEARS YEARS YEARS The primary market area (PMA) is anticipated to experience growth for the total population. In addition, the 65-74, the 75-84 and the 85+ year age cohorts are forecasted to experience strong growth that is above the national average. The 75+ cohort is the end-user of senior housing services including retirement communities. Naples Market Study Continental Health Care Properties 4if PROVINCE Yaluatmr Group C:/2108/cr EXhibit VD Page 26 of 106 Section V-Page 21 Of importance, children of dependent seniors, those in the 55-64 year age cohort, can have a huge impact on the placement and care of their senior parent(s). As their parent(s)age,children are more likely to relocate these family members to their town of residence.Thus,the 55-64 year age cohort can have a significant impact on absorption of beds/units in the market. The PMA is represented by the following adult children(age 55-64)population base: 2010 14,728 2015 16,330 Market trends indicate that an acceptable percentage of adult children within the age and income qualification group that would opt to assist in the financial care of their parents is 25.0 percent of 5.0 percent of the available pool. Demographics for the subject's PMA indicate the following potential beds which could be filled from outside the PMA. 2010 184 Overall, the demographics for the subject PMA are considered to be strong. In addition, the secondary market area draw is considered to be good.It is noted that areas with a high percentage of second homes are not fully detailed by the demographics. Therefore, the primary demographics, as well as the secondary market draw,may be understated. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr � u�»�.�P EXhibit VD Page 27 of 106 Section V-Page 22 Income The following graphs detail median household income for the PMA. As indicated, the income characteristics indicate excellent growth for all of the upper-income categories. AGE 75+COHORTS-INCOME GROWTH Geography:4 ZIP Codes 8,000 6,917 7,000 6,104 6,096 6,000 5,147 4,941 5,000 4,000 3 796 ■2010 ■2015 3,000 2,000 1,000 0 Income>$25K Income>$35K Income>$50K AGE 85+COHORTS-INCOME GROWTH 2,500 2,031 2,000 1,774 1,636 1,500 1,362 1.414 •2010 977 •2015 1,000 - 500 - 0 Income>$25K Income>$35K Income>$50K Naples Market Study Continental Health Care Properties PROVINCE ia,»cro,� C:/2108/cr EXhibit VD Page 28 of 106 Section V-Page 23 Median Housing Values The following graph details median housing values within the PMA. MEDIAN HOUSING VALUES $200,000 $180,513 $180,000 - $160,000 $154,386 $140,000 $120,000 $117,929 $100,000 _ $60,000 $60,000 _ $40,000 _ $20,000 $0 2000 2010 2015 Housing Trends:Housing characteristics indicate good growth through 2015. Sales Price Distribution for the Surrounding Community As illustrated on the following chart, there are significantly more homes that sold for $300,000 in zip code 34119 with zip code 34116 (zip code of the Project) representing the least amount of home sales over the last 14 months. Zip code 34119 clearly represents a market area that exceeds the remaining four zip codes in the market area. RECENT HOME SALES BY ZIP CODE $450,000 $400,000 $350,000 $300,000 , — V $250,000 $200,000 $150,000 $100,000 rill4111411111.11.. 11."111. $50,000 $a o°cr '' 1' �',' ''�L`'v~Q �tiS'J\'y~`.'y~�''1 V'ti1 c''~ —34112 —34104 —34116 —34119 Source:www.melissadata.com Naples Market Study Continental Health Care Properties 40 PROVINCE C:/2108/cr UabadonGro p EXhibit VD Page 29 of 106 Section V-Page 24 The planned Project will be located in zip code 34116 which represents the low end of the housing values. However, zip code 34119 is directly north of the planned Project, as is Physician's Regional Medical Center. As noted in the chart below, zip code 34116 reports the lowest average housing value and the lowest value overall for all four zip codes. However, zip code 34116 is impacted by the existence of the Golden Gate neighborhood which defines an approximate 3.0 square mile within the northeastern portion of the zip code comprised of moderate income housing. Average Sale Price by Zip Code (Primary Market Area) MONTH ZIP CODE 34112 34104 34116 34119 Feb-12 $150,000 $150,000 $130,000 $341,000 Jan-12 $143,000 $143,000 $115,000 $332,000 Dec-11 $169,000 $159,000 $113,000 $227,000 Nov-11 $144,000 $144,000 $123,000 $286,000 Oct-11 $106,000 $128,000 $117,000 $290,000 Sep-11 $137,000 $101,000 $127,000 $389,000 Aug-11 $129,000 $151,000 $112,000 $302,000 Jul-11 $124,000 $158,000 $124,000 $293,000 Jun-11 $151,000 $178,000 $111,000 $308,000 May-11 $159,000 $150,000 $101,000 $344,000 Apr-11 $126,000 $155,000 $105,000 $306,000 Mar-11 $153,000 $135,000 $131,000 $316,000 Feb-11 $165,000 $138,000 $110,000 $254,000 Jan-11 $164,000 $149,000 $115,000 $328,000 High $169,000 $178,000 $131,000 $389,000 Low $106,000 $101,000 $101,000 $227,000 Average $144,286 $145,643 $116,714 $308,286 Naples Market Study Continental Health Care Properties PROVINCE p Valuation Group C:/2108/cr EXhibit VD Page 30 of 106 Section V-Page 25 Building Permits . The following table details building permits for Naples and Collier County. As indicated, January 2012, on an annualized basis, is set to match building permits for cumulative 2011 and out-perform 2010. Naples is forecasted to realize slower development than 2011 and exceed that noted for 2010. By in large, the community of Naples is nearly 100.0 percent built-out. Overall, the growth potential remains stable. BUILDING PERMITS-COLLIER COUNTY January-12 Cummulative Year to Date Buildings Units Construction Cost Buildings Units Construction Cost Avg Cost Per Unit Single 57 57 519,086,602 57 57 519,086.602 Two Family 0 0 0 0 0 0 Three and Four Family 2 8 $1159,000 2 8 51.759.000 Five or More Family 4 29 55.799,000 4 29 55.799.000 TOTAL 63 94 526,644,602 63 94 526,644,602 5283.453 December-11 Cummulative Year to Date Buildings Units Construction Cost Buildings Units Construction Cost Avg Cost Per Unit Single 48 48 513,161,412 764 764 5199-876,727 Two Family 0 0 0 0 0 0 Three and Four Family 2 8 $1,800,718 13 72 S15,0880,000 Five or More Family 4 61 59,732.548 22 230 536.160,000 TOTAL 54 117 524,694.678 804 1066 5251,116.727 5235.569 December-10 Cummulative Year to Date Buildings Units Construction Cost Buildings Units Construction Cost Avg Cost Per Unit Single 84 84 519487,000 570 570 5159,972 450 Two Family 0 0 0 0 0 0 Three and Four Family 3 12 52.762.000 27 108 525,083,000 Five or More Family 0 0 SO 12 202 533.377.000 TOTAL 87 96 522.249.000 609 880 5218.432.450 S248.219 BUILDING PERMITS-NAPLE S January-12 Cummulative Year to Date Buildings Units Construction Cost Buildings Units Construction Cost Avg Cost Per Unit Single 6 6 57.600,930 6 6 57,600.930 Two Family 0 0 0 0 0 0 Three and Four Family 0 0 0 0 0 0 Five or More Family 0 0 0 0 0 0 TOTAL 6 6 57.600,930 6 6 57,600,930 51.266,822 December-11 Cummulative Year to Date Buildings Units Construction Cost Buildings Units Construction Cost Avg Cost Per Unit Single 6 8 515.309.706 81 81 5108.896,637 Two Family 0 0 0 0 0 SO Three and Four Family 0 0 0 0 0 50 Five or More Family 0 0 0 3 29 528.000 TOTAL 8 8 515.309.706 139 139 S108.924,637 5783,630 December-10 Cummulative Year to Date Buildings Units Construction Cost Buildings Units Construction Cost Avg Cost Per Unit Single 2 2 52.850.000 63 63 579.221.737 Two Family 0 0 0 0 0 50 Three and Four Family 0 0 0 0 0 50 Five or More Family 0 0 0 0 0 50 TOTAL 2 2 52,850,000 63 63 579,221,737 S1,257.488 Naples Market Study Continental Health Care Properties PROVINCE P Yolud„o„Group C:/2108/cr EXhibit VD Page 31 of 106 Section V-Page 26 Florida Market Overview According to Florida Realtors®Chief Economist Dr.John Tuccillo,the state is in a stage of mini- recovery. Sales are trending up, listing inventories are falling, the supply of lender-related properties has stabilized and the market is realizing multiple offers on homes in some local markets. Tuccillo noted that foreclosed and distressed properties will remain a significant part of the Florida market in 2012, but lenders are feeding these properties into the market at a gradual pace rather than pushing them out all at once. Mark Vitner, senior economist at Wells Fargo said the U.S. economy will continue to face significant challenges,particularly financial concerns related to the European debt crisis. But he expects the U.S. economic recovery will continue next year, making it easier for Midwesterners, for example, to buy Florida homes. Mr. Vitner also indicated that with tourism and healthcare leading the way.international tourism will be particularly strong in Miami and Orlando. Dr. Lawrence Yun,chief economist for the National Association of Realtors®,said many Florida markets are showing sharp drops in inventories of homes for sale, a sign that demand is picking up and prices are stabilizing. The indication is that buyers have stepped back into the Florida market. Noting the state's powerful appeal to international buyers, Yun also stated he was particularly optimistic about the outlook for southern Florida with an expected gain in home prices in the Miami and Naples markets over the next 18 months. From there, the recovery is likely to roll northward to Central Florida and then North Florida. Health Care As indicated in the Area section,there is a wide array of medical specialists within a short distance of the Project. Housing Characteristics The total cost of an assisted living/Alzheimer's stay is $30,000 to $52,000 per year. Funds will be generated either through a regular income source(social security,pensions,interest,dividends and other income),or the sale of an asset(house). Naples Market Study Continental Health Care Properties e$PROVINCE C:/2108/cr EXhibit VD Page 32 of 106 Section V-Page 27 The following ownership is noted within the PMA. HOUSING OCCUPANCY TYPES ■%Owning •%Renting 11%Vacant The owner-occupied percentage is within the range of the national average as noted by PVG for numerous markets located throughout the country. In addition, the area indicates an increase in median household income for the over-75 population base and housing values are considered to be within the mid-range. Therefore, available equity from the sale of a home is considered to be favorable.It is also noted that the high vacancy is due to second home ownership. The following percentages of the 75+population base have income in excess of$25,000. INCOME IN EXCESS OF$25,000 •Income in Excess of$25,000 •Income in Excess of$35,000 In summary, the median housing values, as well as home ownership and the high percentage of the over-75 age cohort with income in excess of$25,000,indicates that the community is capable of supplying a pool of private pay residents for utilization of assisted living/Alzheimer's services. Transportation The Project's area is conveniently accessible via local arteries. The Project is well located with easy access for employees. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr Y EXhibit VD Page 33 of 106 Section V-Page 28 Cultural,Educational and Recreational As discussed in the Area section, the surrounding area has numerous cultural, educational and recreational activities. Conclusion Overall, the Project's immediate area is experiencing moderate growth. Area demographics indicate continued good growth in population with a solid increase in income levels and housing values in the immediate area. Indications are that the neighborhood will experience continued slight growth in economic conditions over the short-term with long-term growth forecasted as the economy strengthens. Naples Market Study Continental Health Care Properties 4ip PROVINCE ua&anon Gro p C:/2108/cr EXhibit VD Page 34 of 106 WINO Section V-Page 29 Niro' DELORME DaLorme Street Atlas USA 12009 NEIGHBORHOOD MAP II . : _,. �_ _ _ ____,__--,] — * con 1 ! 1eT — Y. r.- gil piwp 4 INWIW 7.e: S.n 45-) iii J � ��� GOICer:.Gdte 7�' r 1; a ' NOS ! ., '-„ , 1 i ,.. , 1—..-Q"'beN cAT� . N'G [ PK7 7 :1,328-.r ii i , j 1 ' I ( f___ BEWI '17,4':,ci am Ai; illbon ii al 0 441 11 7■1 4:Cto — . i J Y E wt . r��{ a ast Naple 1 _ _` ' ____.i. t*. o yi (}`y ti y� 'ire-t�3 ,��` ) 1 �- ,AViS_6ULtJ r%!i'' /)milk �...._�Wig:. ItI " ,_ Ilk bid. ..._4 ti f 1 K ',.4 4 Data use subject to license. IAN®M_ m) ©DeLorme.DeLorme Street Alfas USAU 2009. 0 S'i 1/: SA 1 1 Ya www.delorme.com MN(4.9'W) Data Zoom 12-0 I Naples Market Study Continental Health Care Properties i PROVINCE v u• Gro, C:/2108/cr � 1 EXhibit VD Page 35 of 106 Section V-Page 30 SITE DATA SITE CLASSIFICATION The site being considered in this report can be identified as: NW/c Santa Barbara Boulevard and Golden Gate Parkway Naples,Collier County Florida According to the 2nd Sufficiency Review of Growth Management Plan Amendment Petition CP- 2011, an amendment to the existing Golden Gate Estates Commercial Infill Subdistrict to increase the Subdistrict acreage by +2.81 acres (East 180 feet of Tract 98, Unit 30, Golden Gate Estates); allow senior housing including, independent living units, assisted living units and continuing care retirement communities, skilled nursing and similar uses at a maximum FAR of 0.45; retain 5,000 square feet of office use (ancillary medical office uses for in- and out-patient care; revise the Subdistrict name to include the reference to "institutional" uses; modify certain development standards; and eliminate 30,000 square feet of general office uses within the Subdistrict. Please see that attached conceptual site plan illustrating a one-story option for the assisted living facility incorporating the following modifications from last week's plan: • 25' Landscape Buffer around the perimeter of the entire site(providing 10 additional feet from previous version);and • "Rehab" more centrally located. With this version we are really beginning to limit the flexibility of the future building design as far as unit sizes, one-bedroom versus two-bedroom ratios, commons square foot, building footprint, therefore, we feel as if this is about as much as we can constrain the site in order to allow the program of the building to functionally operate and simultaneously attempt to appease the neighbors. Perhaps another good point to make to the neighbors is regarding the floor area ratio - Per county standards we are allowed 0.45 and we are only utilizing 0.24 (53% of maximum allowable square foot). Once again with this layout, the commons area is centrally located within the Assisted Living Units minimizing the walking distances;therefore food for the memory care facility would need to be carted. The water management would be distributed throughout the site in areas of dry detention. The building layout is articulated to allow for possibility of nicely landscape courtyards allowing for pleasant views from all units. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr EXhibit VD Page 36 of 106 Section V-Page 31 AREA IDENTIFICATION The Project is to be located in southeastern portion of the community of Naples, Florida. The site has good access and exposure to the fronting streets. Access to Interstate 75 is via Golden Gate Parkway to the east,then south on CR 951. SITE CHARACTERISTICS Shape and Size: The site consists of an irregular-shaped tract of land consisting of two combined parcels of land totaling 9.62 acres. Of the total land area,a small portion is designated as nature preserve and for water management.Total developable area is 6.61 acres. Frontage: The site has frontage along the north side of Golden Gate Parkway and the west side of Santa Barbara Boulevard. Access:Current access to the site is via Golden Gate Parkway. Visibility and Exposure:Visibility and exposure are considered to be excellent. Curb Cuts:Curb cuts are currently along the north side of Golden Gate Parkway. Topography: Level topography throughout the site. Easements and Encumbrances: Typical utility easements that would not affect development of the site. Other Site Conditions: Ponds/Retention Ponds/Brush-None noted. Power Lines (plants) - Physical inspection indicated power lines along the Santa Barbara Boulevard road frontage. Underground Tanks-We are not aware of any underground tanks(oil and/or gasoline). Aboveground Tanks-None noted. Hazardous Waste: No adverse soil, or subsoil conditions. Any unapparent adverse soil, or subsoil conditions would need verification by a qualified expert. Drainage:Storm drainage appeared to be adequate on the day of the site visit. Utilities:All public utilities are available to the site. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr Yalundmi Groap EXhibit VD Page 37 of 106 Section V-Page 32 Summary In summary,the site appears to be of adequate size,shape and utility to handle legally permissible uses.There are no noted hazards,or nuisances that would adversely restrict site development Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr EXhibit VD Page 38 of 106 Section V-Page 33 AERIAL VIEW 4 �v 3> _. Pit. - f t s � ' e n b - - =., •:- yc- -sue OW ' 1 2 ', ar g ..k t a . ! ` k T t� E ' �"1 # t rr r� »e t . tr' •t al I' { " 1 .{t { • yo. • .At ass s„� 1 T. t Naples Market Study Continental Health Care Properties ►PROVINCE Valuabon C:/2108/cr rro.P EXhibit VD Page 39 of 106 I Section V-Page 34 SITE MAP CGMCI.N1pf.ec,44 rsnwa ' .14.1.0 COO MEND, -t6} d4 � a � 6 1ti wxm...eeew I p - ie , , ,241M, of re. - ,-,...° f,:' i•S'i•,::'. s I. I -....„-_--A . i `� m I a ? - - - - .- — .—� J. = ®- j 4 !. I { J Z S !: I t L J S ��� _ , corn rt +< x r�.r�,c=. ---° -- � y ... . . V`F Ara.µ// $ ASSISTED LIVING FACILfTI /A U AICS ' T q' -, 1 Alliiik Naples Market Study Continental Health Care Properties 4R5 PROVINCE Valuation Group C:/2108/cr EXhibit VD Page 40 of 106 Section V-Page 35 CONCEPTUAL DEVELOPMENT SUMMARY: BUILDING COLOR LEGEND: SITE DATA: GROSS SITE AREA= 9.62+/- ACRES R.O.W.EASEMENTS= 3.01+/-ACRES HEALTH CARE NET ACREAGE= 6-61+/- ACRES NATIVE PRESERVE-0.99 ACRES=15%OF NET ACREAGE WATER MANAGMENT-0.99 ACRES(WET 8.DRY DETENTION}=15% BUILDING SUMMARY: COMMONS/SERVICES 120 TOTAL?EDS TOTAL S.F.-67,&00 S.F. (INCLUDING 3,200 S.F.REHABILITATION FACILITY} 92 ASSISTED LIVING BEDS-(ASSISTED LIVING FACILITY=41,900 S.F.} ASSISTED LIVING • (40) 1BR UNITS'.!3;352 S.F.EACH • (25) 2ER UNITS(4'548 S.F.EACH • (1 I 2BR SUITE @764 S.F.EACH 28 MEMORY CARE BEDS-(MEMORY CARE FACILITY=13,900 S.F.) r! 1 MEMORY CARE • (18) 1BR UNITS 286 S.F.EACH ���Vz:: 4 • (6)2.ER UNITS©324 S.F.EACH 8,800 S.F.COMMONS/SERVICES 3,200 S.F.REHABILITATION FACILITY FLOOR AREA RATIO CALCULATION: TOTAL BUILDING S.F.= 67.800 S.F. TOTAL SITE - 6.63 ACRES=287,931 S.F. F.A.R. = 67,800 S.F./287.931 S.F._.24 F.A.R. (.45 MAX} Naples Market Study Continental Health Care Properties e$PROVINCE C:/2108/cr EXhibit VD Page 41 of 106 illi11116 INN Section V-Page 36 LOCATION AND SUITABILITY OF SITE Positive Findings: • Easy access to area roadways; • Proximate to health care facilities(new hospital has been developed in South Naples); • The design and quality of the development will be superior to the majority of the surrounding development;and • The market demographics continue to indicate a growing market area. Challenges to the Project: • The Project is located in an area that was in the process of redevelopment and is located adjacent to older housing and commercial/retail uses. However, the site is located in a growth corridor and both Santa Barbara Boulevard and Golden Gate Parkway have recently been widened in anticipation of continued growth; and • The site will be subject to specific zoning guidelines. WHAT IS THE CONDITION OF THE LOCAL REAL ESTATE MARKET? Positives: • The housing values have declined throughout the Naples market area rendering the housing stock more affordable. However, the market area appears to have been on an upward trend over the last six months;and • Population growth is positive and is anticipated to continue to grow due to favorable housing values. Negatives: • None noted.The market area appears to have entered a phase of economic recovery. Naples Market Study Continental Health Care Properties 47 PROVINCE Vet human G'ronp C:/2108/cr EXhibit VD Page 42 of 106 Section V-Page 37 MARKET AREA DEFINED Primary Market Area(Defined) The primary market area (PMA) consists of a geographic region radiating out from the Project. In general, the PMA defined by social, psychological and physical barriers. This area typically represents an area from which 50.0 percent to 90.0 percent of the potential residents are drawn to the Project. Physical barriers represent defined geographical lines that many prospective residents will not cross in order to use the project's services. Such barriers include railroad lines, rivers, creeks, mountain ranges, state lines, county lines,interstates and major arteries. Such barriers may create time barriers in addition to direct access barriers. Psychological barriers represent characteristics within certain ethnic categories. For instance, many of German decent prefer to care for their elderly at home rather than place them in an institutional setting.Finally,social barriers can also be representative of cultural and ethnic characteristics. However, social barriers may involve such items as Kosher requirements and/or other church-related requirements. Percentage of Market Draw The percentage of residents relocating to the community from outside the primary market area can range from 20.0 to 50.0 percent depending on a number of influencers which can include the following: • geographic make-up of the community; • economic make-up of the community and location within the community; • marketing by management/ownership;and • percent of adult children living in the market area. Project's Primary Market Area(PMA) The Project will be located within the community of South Naples with limited competitive factors in the surrounding area. In order to estimate the primary market area from which residents will relocate to the Project,we have surveyed area operators, analyzed traffic patterns and surveyed area assisted living/Alzheimer's facilities. The following analysis details our findings. Discussions with Area Operators - Marketing coordinators at the main comparables indicated the bulk of their resident base was from within five to ten miles of their centers and from within their respective portions of the county. The North Naples facilities tend to draw residents from North Naples and the South Naples facilities tend to draw residents from South Naples. The majority of the administrators also indicated a strong secondary market draw due to the "snowbirds"that relocated to the area during the winter months. Traffic Patterns - Another key factor affecting the primary market area is analysis of surrounding traffic patterns. Santa Barbara Boulevard and Golden Gate Parkway both provide Naples Market Study Continental Health Care Properties O PROVINCE C:/2108/cr Y �»�.ro EXhibit VD Page 43 of 106 Section V-Page 38 excellent access through the community. In addition, Interstate 75 and U.S. Highway 41/Tamiami Trail provide good access within the county and easy access to the surrounding communities.There are no barriers to transfer within the greater Naples area. Primary Market Area Conclusion Based on analysis of the market area, as well as analysis of the competitive centers in the surrounding area,the primary market area is considered to be a four zip-code area surrounding the Project (34112, 34104, 34119 and 34116). As noted above, the majority of the administrators surveyed indicated those residents that emanated from the surrounding area came from within a five-to ten-mile radius. The four zip-code area encompasses an approximate five mile area to the south,ten mile area to the north and five miles east to west along the southern portion of the primary market area (within an approximate 10-minute drive time).The northern portion of the primary market area extends two miles east/west and does not include North Naples or the communities to the west of Interstate 75. The following map depicts a 10-minute drive surrounding the Project. .--r_ - .. , 1- c Rrie }MSJ-- E _ ,.,. _•._ GM, -1 AtOW ,r' Palm�\ __-} _ --------_ Fever I ""-- ( + Estates 1 - M-4'� 1 11, z Gorda /�* 1•. l— ,8, -- - . Ir i I I is odder)Gate Blvd E _- North Naples,, -7 ( ewe i rr I e i 4 : O Y A r e s s _ F L O R I D A 1' w s w a tr P c o f f or 1 Vedette 1 C O L L I E R M e r i c e Wey Perk 4 ,v 1 , a. iii °� I a e 1° .o e s t L ' ... . _-. - o e r 0 / d e s fjii Rorer Pert". I N �i, , Y',as a Naples* .East Naples I s ! s" m Gulf Coast ( ComminSY Pookay Bay Nater "f CwuRO Sc'10':T'aerosol CGTMS Sew asmieo n .reamec v AWIllik __. Naples Market Study Continental Health Care Properties PROVINCE p Val u tm Group C:/2108/cr EXhibit VD Page 44 of 106 Pi' e . Section V-Page 39 r The following map depicts the four zip-code primary market area. 'DELORME DOLorm•Street Atlas USAt 2009 d'F`r_yya? lii '' PRIMARY MARKET AREA f 1,, Y-, !-: " .- FaTFRO! ,J ' ` i `` �Y 4` yr yCoedrldl I 33131 ✓. c 74127 t. d i I I . X2� .� i L y— ---i f - t-- --I L_—_ I 1 l��.� $!Bonita Sp ngs A.B BOf1I�A.BEACH,RQ BO It•I},DEACH.RD[ i v . W I/ . ■ ',PK:4 _ ( 34210 Ys,. I 'iyamb„tAa __ _ a 3417412 I eNaPlesak 1 ly — It 11 I ePSllcanitay 14111 4 1 1 I__ l h —— ----II 1 j.k_ PROJECT 341;1 e North Naples .1 1 Nepka Max ae VGLADE.S.PKY••--3410>t1e4 1 �PI •East Naples/ ^1 ' i-o im i r- _.—� I v •' ea 14113 1 3•10 ,, �\ •x.)/k 9 Wig f Apmt',Ai')) N41J i.= T ` ,\ El l-1 --1 1 _rl 'N 3434/2i". 1 4 /l �\ \ I e --1.,\ ' Soo 75I \ 1 ',)_\ ,� tx„ie,o., Al Data use subject to license. MI III=M. Rfi © m DeLorme.DeLore Street Atlas U S A!0 J 2009. 0 1 2 3 4 5 swwy.delorme.com MN(4.9°VV) Data Zoom 10-0 I g. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr uO1 Grow, EXhibit VD Page 45 of 106 Section V-Page 40 SUPPLY ANALYSIS As indicated, there are no independent living communities located within the four zip-code primary market area. There is one assisted living facility within the primary market area (Terracina Grand)with several located along the periphery of the primary market area. The following table provides for a summary of the facilities surveyed and those facilities either located inside the primary market area and/or on the periphery of the primary market area. FACILITY IL AL ALZ SNF COMMENTS IL AL ALZ SNF Arden Courts _ - 52 - I 50%COMPETITIVE I 26 Barrington Terrace _ 89 31 - 50%COMPETITIVE 45 15 Lely Palms 200 8 - 117 I 50%COMPETITIVE 100 8 59 Terracina Grand [ - 137 33 - COMPETITIVE I 137 33 Aston Gardens 276 _ 83 - - OUTSIDE PMA The Carlisle 254 125 - - I OUTSIDE PMA 7 ■■■■ The Glenview 140 - - 35 I OUTSIDE PMA Harbor Chase 93 40 OUTSIDE PMA ■■■■ Homewood Residence _ 76 24 - OUTSIDE PMA The Moorings 355 _ 74 35 OUTSIDE PMA ■■■■ Tuscany Villa _ 136 - OUTSIDE PMA Windsor Place _ 50 � - I OUTSIDE PMA —I� TOTALS 1,318 778 1 347 11 190 74 179 The following charts detail the comparables that were surveyed. Naples Market Study Continental Health Care Properties R5 PROVINCE v�,ao„c�„� C:/2108/cr EXhibit VD Page 46 of 106 rilik .rtlme Section V-Page 41 0 ASSISTED LIVING COMPARABLE LOCATION DATA Name: Arden Court of Naples "1 -- Location: 6125 Rattlesnake Hammock Rd. :>' County: Collier County `r4 r`-, i City,State: Naples,Florida PHYSICAL DATA Type: AL and ALZ Land Area: N/A _ Gross living Area (Est): 29,532 Number of IL Units: N/A Number of AIJALZ Unit: 52 Average Size Per Unit: N/A ! Year Built: 1998 Number of Stories: One Exterior: Stucco ssW w.hcr-manorcare.com MANAGEMENT VERIFICATION SURVEY DATE OCCUPANCY HCR-ManorCare LLC Administrator 11/01/11 96.43% OWNERS HIP HCR-ManorCare LLC UNIT MLX NO.UNITS BATHS MONTHLY RATE DAILY RATE SQUARE FEET Private Studio 48 1.0 $5,415 $178.03 960 Semi-Private Studio 4 1.0 $4,460 $146.63 960 AMENITIES AMENITIES SERVICES ICES Kitchen No Courtyard/Sunroom Yes Assistance with Meds Included Full Bath Yes Fitness Room Yes Toileting Included Shower Yes Ice Cream Parlor No Dressing Included Waitered Meals Three Walking Path Yes Assistance to Meals Included Buffet N/A Library Yes Util/rrans/Housekeeping Partial Arts and Crafts Yes Level I N/A Deposit $2,500 Beauty/Barber Yes Level II N/A Refundable No Laundry One Level III N/A Rent Increase 0-4% Average Age Stucco Level IV N/A www.hcr-manorcare.com STRUCTURAL COMPONENTS: No Year Constructed 1988 Number Stories One Individual Heat/Air Yes Interior Condition Average Building Materials Stucco Assessment Yes(on-going) Site Location Good Exterior Condition Average Nursing Staff No Naples Market Study Continental Health Care Properties 4115 PROVINCE C:/2108/cr EXhibit VD Page 47 of 106 Section V-Page 42 Arden Courts Arden Courts is co-located with the ManorCare owned and operated Lely Palms Retirement community. Arden Courts is primarily focused on Alzheimer's and dementia care in studio and semi-private units. The facility is operated by ManorCare and the center remains full allowing for turn-over (occupancy has been consistently above 90.0 percent during the last twelve months). The Lely Palms Campus is located just south of Rattlesnake Hammock Road and just below the southern extent of the Primary Market Area(PMA). Arden Courts was designed exclusively for individuals in early-to-mid stages of Alzheimer's disease. Special attention has been given to physical building layout, safety and decor. Modified activity and food service programs focus on preferences, abilities and, most importantly,maintaining independence for as long as possible. As Arden Courts does accept residents from outside of the Lely Palms community, Arden Courts is considered to be partially competitive(50.0 percent)with the planned Project. Naples Market Study Continental Health Care Properties 4R5 PROVINCE u„�,,,uo»cro,� C:/2108/cr EXhibit VD Page 48 of 106 Section V-Page 43 0 ASSISTED LIVING COMPARABLE ii + 1 LOCATION DATA i; Name: Barrington Terrace Location: 5175 Tamiami Trail Fast / County: Collier County - City,State: Naples,Florida ' PHYSICAL DATA o- y: r Type: Assisted and Alz. Land Area: N/A +-! Gross Living Area (Est): 54,073 Number of AL Units: 89 Number of ALZUnits: 31 Average Size Per Unit: 451 Try' Year Built: 2004 ■ ¢ k t " Number of Stories: Two """*a-.� Exterior: Stucco and Frame - ,r Condition: Good www_bt-natiles.corn MANAGEMENT VERIFICATION SURVEY DATE AL-OCCUPANCY ALZ-OCCUPANCY The Arbor Company Executive Director 11/01/11 91.01% 90.32% OWNERSHIP Brookdale Senior Living UNIT MIX NO.BEDS BATHS MONTHLY RATE DAILY RATE SQUARE FEET Studio 59 1.0 $2,775 $91.23 268 One-Bedroom 30 1.0 $4,075 $133.97 476 Studio-Alz. 20 1.0 $4,575 $150.41 268 Semi-Private Alz. 11 1.0 $5,875 $193.15 350 1 ( Second Person Fee $900 AMENITIES AMENITIES SERVICES Kitchen Yes Courtyard/Sunroom Yes Assistance with Meds For a Fee Full Bath Yes Fitness Room No Toileting For a Fee Shower Yes Ice Cream Parlor No Dressing For a Fee Waitered Meals Three Walking Garden Yes Assistance to Meals Fora Fee Buffet N/A library Yes Util/Trans/Housekeeping Included Arts and Crafts Yes Level I $400 Deposit $1,500 Beauty/Barber Yes Level H $800 Refundable No Laundry Yes Level HI $1,500 Rent Increase 3% Average Age Two Evergreen $1,800 STRUCTURAL COMPONENTS: Year Constructed 2004 Number Stories Two Individual Heat/Air Yes Interior Condition Good Building Materials Stucco and Frame Assessment Yes Site Location Average Exterior Condition Good Nursing Staff No Naples Market Study Continental Health Care Properties PROVINCE C:/210O/cr Yaluatimr Grey L O EXhibit VD Page 49 of 106 Section V-Page 44 Barrington Terrace Barrington Terrace is an assisted living and Alzheimer's facility with small unit sizes. This design, in combination with the property's proximity to the noise and dense traffic of Tamiami Trail and its location on the south side of Naples,works against the overall attractiveness of the facility. However,the property is well maintained,has a good reputation in the community and overlooks the Lely Palms Golf Course. The center provides for three meals per day, daily housekeeping, transportation, activities and assistance with activities of daily living.The center has nicely designed and appointed common areas including; a dining room,beauty salon, library, lounge and a therapy room. Units include kitchenettes (with the exception of the small studio which is 268 square feet). The "Evergreen" dementia care wing charges a$1,800 premium on top of the unit rent.Therefore,a studio unit in Evergreen would be$4,575 per month. This facility is located just south of Rattlesnake Hammock Road and east of Tamiami Trail (U.S. Route 41) which is just outside the primary market area (along the periphery) and will be partially competitive(50.0 percent)with the planned Project. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr EXhibit VD Page 50 of 106 Section V-Page 45 INDEPENDENT LIVING COMPARABLE � .- LOCATION DATA ' Name: Lely Palms RetirementCenter `' Location: 1000 Lely Palms Drive County: Collier County City,State: Naples,Florida PHYSICAL DATA ffi / Type: IL and AL K 4. "$ Land Area: 28 . y► _ .5. (c; I ., - Ii Gross living Area (Fat): N/A -./- -«- Number of IL Units: 200 Number of AL Units: 8 - Average Size Per Unit: N/A Year Built: 1984 7,.. - Number of Stories: Three Exterior: Stucco wtivlv.hcr-manorcare.com MANAGEMENT VERIFICATION SURVEY DATE OCCUPANCY HCR-ManorCare LLC Marketing Director 11/01/11 99.00% OWNERSHIP HCR-ManorCare LLC UNIT MLX NO.UNITS BATHS MONTHLY RATE DAILY RATE SQUARE FEEI IL-Studio 48 1.0 $1,700 $55.89 350 IL-Alcove Studio 19 1.0 $1,900 $62.47 596 IL-One Bedroom 90 1.0 $2,150 $70.68 750 IL-Two Bedroom 33 1.0 $2,600 $85.48 1100 IL-Villa 52 1.0 $2,600 $85.48 1500 AL-Private 4 1.0 $3,950 $129.86 596 AL-Semi-Private 4 1.0 $3,350 $110.14 596 SNF Private 24 1.0 $9,360 $307.72 275 SNF Semi-Private 46 1.0 $8,892 $292.35 275 AMENITIES AMENITIES SERVICES IGtchen Yes Courtyard/Sunroom Yes Assistance with Meds Included Full Bath Yes Fitness Room Yes Toileting Included Shower Yes Ice Cream Parlor No Dressing Included Waitered Meals Two Walking Path Yes Assistance to Meals Included Buffet N/A library Yes Util/Frans/Housekeeping Partial Arts and Crafts Yes Level I N/A Deposit $1,500 Beauty/Barber Yes Level II N/A Refundable No laundry Yes Level BI N/A Rent Increase 0-4% Average Age 80 Level IV N/A www.hcr-manorcare.com STRUCTURAL COMPONENTS: No Year Constructed 1984 Number Stortes One Individual Heat/Air Yes Interior Condition Average Building Materials Stucco Assessment Yes(on-going) Site Location Good Exterior Condition Average Nursing Staff No Naples Market Study - Continental Health Care Properties PROVINCE C:/2108/cr vuoac`w� EXhibit VD Page 51 of 106 Section V-Page 46 Lely Palms Retirement Lely Palms Retirement campus includes the Arden Courts dementia care facility, as well as 148 independent living apartments, 52 independent living villas, an eight unit twelve bed assisted living center and a 117 bed nursing center. All of these centers are in place primarily for the residents of Lely Palms, but the nursing center does accept private pay patients from outside the community. As Lely Palms does provide month-to-month independent living rentals and the nursing center is available to non-residents of the community, this community is considered to be partially (50.0 percent) competitive with the planned Project. I Naples Market Study Continental Health Care Properties 4if PROVINCE valuation Group C:/2108/cr EXhibit VD Page 52 of 106 Section V-Page 47 0 ASSISTED LIVING COMPARABLE LOCATION DATA Name: Terracina Grand Location: 6825 Davis Boulevard County: Collier County " = City,State: Naples,Florida -Z i -A PHA"S ICAL DATA z i } _ p , .. Type: AL&ALZ '. I,. i t- t . t r' k Land Area 12.72 f v -' - _ + �F t Gross living Area (Est): N/A i I ;r ..•. 137 IL ::.1 , <ir `t' `'.- t• :_. ".T Number of AL Units: Number of ALZ Units: 33 i t Average Size Per Unit: N/A ' 1111 •P' I t; Year Built: 2001 1 ( Number of Stories: Four r tom" Exterior: Stucco `AI :.. Condition: Good - Wuvv.t o rra c in a e ra n d.c o m MANAGEMENT VERIFICATION SURVEY DATE AL-OCCUPANCY ALZ-OCCUPANCY N/A Marketing Director 11/01/11 100.00% 96.97% OWNERS HIP N/A UNIT MIX NO.UNITS BATHS MONTHLY RATE DAILY RATE SQUARE FEET Studio 57 1.0 $2,685 $88.27 410 One-Bedroom 30 1.0 $3,310 $108.82 600 One-Bedroom/Den 20 1.0 $4,200 $138.08 750 Two-Bedroom 20 1.0 $4,400 $144.66 950 Two Bedroom Deluxe 10 1.0 $5,000 $164.38 1050 Studio ALZ 23 1.0 $4,510 $148.27 410 One-Bedroom ALZ 10 1.0 $5,135 $168.82 600 I Second Person Fee $700 AMLNI1IE, AMEN111LN SLKVIl.CJ Kitchenette Yes Courtyard/Sunroom Yes Assistance with Meds For a Fee Full Bath Yes Fitness Room Yes Toileting For a Fee Shower Yes Ice Cream Parlor No Dressing For a Fee Waitered Meals 2(IL);3(AL)Walking Garden Four Assistance to Meals For a Fee Buffet N/A library Stucco Util/Erans/Housekeeping Included Arts and Crafts Good Level I $1,275 New Resident Fee $1,500 Beauty/Barber Yes Level II $1,525 Refundable No Laundry Yes Level Ell $1,825 Rent Increase 3-4% Average Age 84 Level IV $2,050 STRUCTURAL COMPONENTS: Year Constructed 2001 Number Stories Four Individual Heat/Air Yes Interior Condition Good Building Materials Stucco Assessment Yes Site Location Good Exterior Condition Good Nursing Staff No Naples Market Study - Continental Health Care Properties fif PROVINCE Valuatm Gro,io C:/2108/cr EXhibit VD Page 53 of 106 it IM 14 9 fe •� Section V-Page 48 Terracina Grand Terracina Grand is located off of Davis Boulevard (State Route 84),just west of Santa Barbara Boulevard and within the Primary Market Area (PMA). Terracina Grand offers assisted living and Alzheimer's care in a well-designed enclave community. The building and grounds are well-maintained and residents can choose from a variety of floor plans including studio, one- bedroom,one-bedroom with a den,or two-bedroom unit. The amenities at Terracina Grand include a fitness center,a beauty salon and spa, a heated pool, paved waking areas, an elegant main lobby with a water fountain, an elegant dining room, a private dining room, a billiards room, patio areas for outdoor activities, a library, a fireplace lounge and the Forum for special events and large groups. The Terracina Grand provides scheduled transportation and social and recreational activities. The facility includes a complimentary laundry on each floor as well as massage services, nail services and full- and half-day spa treatments. Some units also have washer/dryers, dishwashers and fireplaces (upgrades). The center has remained near full capacity during the last three years. Unit rental rates increase on a schedule of from 3.0 to 4.0 percent per year. The above rates are reflective of the minimum rent. This facility bases the unit rent on a standard monthly rent plus the level of care required. Dementia care units include level III in the unit rate. Terracina Grand is considered to be 100.0 percent competitive with the assisted living and Alzheimer's services of the planned Project. Naples Market Study Continental Health Care Properties 4fitif PROVINCE Valuation Group C:/2108/cr EXhibit VD Page 54 of 106 Section V-Page 49 INDEPENDENT AND ASSISTED LIVING COMPARABLE LOCATION DATA , z . Name: Aston Gardens ' �+ Location: 4800 Aston Gardens Way ,t qa° ,s County: Collier County " �¢ , 1 City,State: Naples,Florida i' 1 ' PHl'S ICAL DATA .. bilk,- " Type: IL,AL,ALZ a' : Land Area 2325 r " t Gross living Area (Est): N/A '4a _ Number of IL Units: 276 I a , ' [- t } Number of AL Units: 83 i Average Size Per Unit: N/A `"'` " — -/' Year Built: 1999 Number of Stories: One _— Exterior: Stucco Condition: Good MANAGEMENT VERIFICATION SURVEY DATE IL-OCCUPANCY AL/ALZ-OCCUPANCY Senion Living Property Co.LLC Marketing Director 11/01/11 100.00% 100.00% OWNERSHIP Senion living Property Co.LLC UNIT MIX NO.UNITS BATHS MONTHLY RATE DAILY RATE SQUARE FEET IL-Canterbury 75 1.0 $2,305 $75.78 710 IL-Bridgeport 45 1.0 $2,550 $83.84 856 IL-Alexandra 50 2.0 $2,950 $96.99 1010 IL-Essex 40 2.0 $3,075 $101.10 1108 IL-Dartmouth 40 2.0 $3,375 $110.96 1382 IL-Grandeur 14 2.5 $3,575 $117.53 1289 IL-Harrington 12 2.5 $3,995 $131.34 1546 AL-Studio 33 1.0 $2,895 $95.18 342 AL-One-Bedroom 20 1.0 $3,595 $118.19 503 AL-Two-Bedroom 10 1.0 $4,895 $160.93 738 ALZ-One-Bedroom 20 1.0 $4,095 $134.63 248 Second Person Fee $850 AMENITIES AMENITIES SERVICES Kitchenette Yes Courtyard/Sunroom Yes Assistance with Meds Included Full Bath Yes Fitness Room Yes Toileting Included Shower Yes Ice Cream Parlor No Dressing Included Waitered Meals Yes Walking Garden Yes Assistance to Meals Included Buffet N/A Library Yes Util/Trans/Housekeeping Included IL-Community Fee $2,000 Arts and Crafts Yes Level I N/A AL-Community Fee $1,500 Beauty/Barber No Level lI N/A Refundable No Laundry One Level III N/A Rent Increase 1-3% Average Age Stucco Level IV N/A STRUCTURAL COMPONENTS: Year Constructed 1997 Number Stories One Individual Heat/Air Yes Interior Condition Good Building Materials Stucco Assessment Yes Site Location Good Exterior Condition Good Nursing Staff N/A Naples Market Study Continental Health Care Properties 435PROVINCE C:/2108/cr v��a„�.�P EXhibit VD Page 55 of 106 Section V-Page 50 Aston Gardens Aston Gardens at Pelican Marsh is a large high-end retirement community, which offers independent living, assisted living and Alzheimer's care services. The 24-acre gated campus is located just south of Immokalee Road (County Road 846) and west of Interstate 75. The community includes 100 privately owned villas, 276 independent living apartments ranging in size from 710 to 1,382 square feet and from one to three bedrooms,as well as a separate assisted living and Alzheimer's facility (The Inn) which provides 83 studio, one-bedroom and two- bedroom accommodations and a locked Alzheimer's wing(The Gardens). Located at The Gardens in The Inn, is the Special Needs area for residents with memory care related issues. Residents needing Alzheimer's care and other dementia care receive the very best attention and services in a supportive,compassionate and secure setting. All amenities are available to independent living residents including golf privileges and access to the luxurious common spaces in the 20,375 square foot Grande Clubhouse. The Grande Clubhouse includes dining areas, a ballroom, lounge areas, a fitness and wellness center, a heated pool and spa, arts and crafts areas and a library and internet cafe. The campus includes walking paths,putting greens and a Bocce Ball court. This property is located outside of the Primary Market Area (PMA and will not be competitive with the planned Project. Naples Market Study Continental Health Care Properties 4if PROVINCE Yduat m Gror p C:/2108/cr EXhibit VD Page 56 of 106 Section V-Page 51 INDEPENDENT AND ASSISTED LIVING COMPARABLE LOCATION DATA Name: The Carlisle ,d Location: 6945 Carlisle Court -- County: Collier County City,State: Naples,Florida w 5 PHYSICAL DATA Type: IL and AL I Y N... I. Land Area: 28 '' _ Gross living Area (Est): N/A {, Number of IL Units: 254 _ r - s ,,s- Number ofALUnits: 125 .:7,7•".-'_ ` .' ? Average Size Per Unit: N/A _ °' 4 l Lr ` ` Year Built: 1996 a •,z Number of Stories: Three . Exterior: Stucco 4-, v ., Condition: Good ww v.srgseniorhvine.com MANAGEMENT VERIFICATION SURVEY DATE IL-OCCUPANCY AL-OCCUPANCY SRGSenior living Marketing Director 11/01/11 100.00% 100.00% OWNERSHIP SRGSenior living UNIT MIX NO.UNITS BATHS MONTHLY RATE D AILY RATE SQUARE FEET IL-One-Bedroom 64 1.0 $2,625 $86.30 420 IL-One-Bedroom 50 1.0 $2,900 $95.34 550 IL-One-Bedroom 50 1.5 $3,150 $103.56 873 IL-Two-Bedroom 50 1.0 $3,350 $110.14 1,026 IL-Two-Bedroom 40 2.0 $3,750 $123.29 1,075 AL-One-Bedroom 125 1.0 $3,880 $127.56 480 Second Person Fee $800 AMEN IT IFS AMENITIES SERVICES Kitchen AL Units Courtyard/Sunroom Yes Assistance with Meds Fora Fee Full Bath Yes Fitness Room Yes Toileting Fora Fee Shower Yes Ice Cream Parlor No Dressing Fora Fee Waitered Meals Three Walking Garden Yes Assistance to Meals For a Fee Buffet N/A library Yes Util/Trans/Housekeeping Included Community Fee $1,500 Arts and Crafts Yes Level I Included in Rent Pet Fee $500 Beauty/Barber Yes Level II $450 Refundable N/A Laundry Yes Level III $800 Rent Increase 3% Average Age 80 Level IV N/A STRUCTURAL COMPONENTS: Year Constructed 1996 Number Stories Three Individual Heat/Air Yes Interior Condition Good Building Materials Stucco Assessment Yes Site Location Good Exterior Condition Good Nursing Staff No Naples Market Study - Continental Health Care Properties 4Ef PROVINCE Valuation Croy C:/2108/cr EXhibit VD Page 57 of 106 Section V-Page 52 The Carlisle The Carlisle is a large high-end retirement community which offers independent and assisted living. The 28 acre gated campus is located just west of Airport Pulling Road (County Road 31) and just south of Orange Blossom Drive. The community includes 254 independent living apartments with one and two-bedroom floor plans ranging in size from 420 to 1,075 square feet. The gated campus includes a wellness center, walking paths and a range of amenities including a well-designed heated outdoor pool and spa, common and private dining rooms, library, putting green, business center, deli, computer room, fitness center, courtyard and concierge services. All living accommodations are contained within the one building. In addition, there are 125 private one-bedroom assisted living apartments. Both the independent living and assisted living accommodations are currently at full capacity with a waiting list. The center provides for two meals per day in independent living and three meals for assisted living, housekeeping services, transportation, activities and assistance with activities of daily living. The community is gated. Unit options also include dens and split floor plans. Units have full kitchens, private baths, washer/dryer, walk-in closets, individually controlled HVAC and emergency pull cords. This facility is located outside the primary market area and will not be competitive with the planned Project. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr pRO�I EXhibit VD Page 58 of 106 Section V-Page 53 INDEPENDENT AND NURSING COMPARABLE LOCATION DATA Name: Glenview Location: 100 Glenview Place County: Collier County City,State: Naples,Florida PHIS IC AL DATA �` 3r _ Y Type: IL and SNF L `;- _ C C Land Area: N/A 3.• w ,-cam- Gross living Area (Est): N/A .4.0teitti' .r s Gam Number of IL Units: 140 w Number of SNF Beds: 35 .=3 ,r �* „.--m.: « Average Size Per Unit: N/A ' - 3- Year Built: 1993 I .� IT 4 Number of Stories: Ten ' i Exterior: Stucco t- Condition: Good www g len v i e wn a p le s.c o m MANAGEMENT V_ERIFI(A ION SURVEY DATE OCCUPANCY AL The Glenview Cooperative Market 11/01/11 93.00% OWNERSHIP The Glenview Cooperative UNIT MIX NO.UNITS BATHS MONTHLY RATE DAILY RATE SQUARE FEET One-Bedroom 70 1.0 N/A N/A 750 Two-Bedroom 50 2.0 N/A N/A 1,450 Three-Bedroom 16 2.0 N/A N/A 2,100 Penthouse 4 3.0 N/A N/A 3,500 SNF Private 35 1.0 $9,977 $328.00 300 AMENITIES AMENITIES SERVICES Kitchen Yes Courtyard/Sunroom Yes Assistance with Meds For a Fee Full Bath Yes Fitness Room Yes Toileting For a Fee Shower Yes Ice Cream Parlor No Dressing For a Fee Waitered Meals Three Walking Garden Yes Assistance to Meals For a Fee Buffet N/A library Yes Util/frans/Housekeeping Included Arts and Crafts No Level I N/A Deposit N/A Beauty/Barber Yes Level II N/A Refundable N/A Laundry Yes Level III N/A Rent Increase 3% Average Age 75 Level IV N/A STRUCTURAL COMPONENTS: Year Constructed 1993 Number Stories Ten Individual Heat/Air Yes Interior Condition Good Building Materials Stucco Assessment Yes Site Location Good Exterior Condition Good Nursing Staff Yes Naples Market Study Continental Health Care Properties if PROVINCE PRILGI%PH Gulp C:/2108/cr EXhibit VD Page 59 of 106 Section V-Page 54 The Glenview The Glenview at Pelican Bay is a high-end (equity) retirement community which offers independent and assisted living care. The Glenview is located just west of Tamiami Trail (U.S. Route 41) and one-half mile north of Seagate Drive (County Road 896). The Glenview offers 140, one-, two- and three-bedroom private residences and penthouse apartments and the eighteen different floor plans ranging from 891 to 3,200 square feet of living space. Each apartment is elegantly designed and features a gourmet style kitchen and coffered ceilings and crown molding throughout. The community includes lush and ample common areas including a pool and spa, common and private dining rooms, library, auditorium, business center,computer room,fitness center,a card room,a fully equipped arts and crafts room and an art studio. Residents have access to the private beach and boardwalk along Pelican Bay. The center provides residents two meals per day in the main dining room. Services include housekeeping, transportation and activities coordination. In addition to the independent living apartments and common areas the campus includes Premier Place at the Glenview, a health care center which provides short and long term health care services to those who have purchased residences in The Glenview Retirement Center,as well as to private pay patients when availability permits. Premier Place has 35 care units and the main entrance to the healthcare facility is at the rear of the building. All units are private and private pay. This facility is located outside the primary market area and will not be competitive with the planned Project. Naples Market Study Continental Health Care Properties PROVINCE Ua&alum Gro up C:/2108/cr EXhibit VD Page 60 of 106 Section V-Page 55 ASSISTED LIVING AND NURSING COMPARABLE LOCATION DATA 'c -: . Name: Harbor Chase - Location: 7801 Airport Pulling Road s": r ip ' K - County: Collier County ,� i4w .10 a {- ,;mss!' City,State: Naples,Florida ° Oj f'q...E F? PHYSICAL DATA it :'� t° Type: Aland SNF �! " `t i K' Land Area: N/A ' _ ae..:-' eia Gross Living Area (Est): N/A " _ —� '-- NumberofALUnits: 93 I . S Number of SNF Units: 40 j Average Size Per Unit: N/A }- � -I _L., ' t Year Built: 1998 R Number of Stories: Three tea., Exterior: Stucco Good www.harborchase.com MANAGEMENT VERIFICATION SURVEY DATE OCCUPANCY AL OCCUPANCY SNF N/A Marketing Director 11/01/11 86.02% 95.00% OWNERS HIP Harbor Retirement Associates,LLC UNIT MLX NO.UNITS BATHS MONTHLY RATE DAILY RATE SQUARE FEET Studio 53 1.0 $1,995 $65.59 333 One-Bedroom 20 1.0 $2,525 $83.01 435 One-Bedroom_Den 20 1.0 $3,550 $116.71 510 SNF Private 10 1.0 $7,908 $260.00 258 SNF Semi-Private 15 1.0 $7,148 $235.00 258 AMENITIES AMENITIES SERVICES IGtchen Yes Courtyard/Sunroom Yes Assistance with Meds Fora Fee Full Bath Yes Fitness Room Yes Toileting For a Fee Shower Yes Ice Cream Parlor No Dressing For a Fee Waitered Meals Three Walking Garden Yes Assistance to Meals For a Fee Buffet N/A Library Yes UtillTrans/Housekeeping Included Deposit $1,500 Arts and Crafts No Level I $500 Pet Deposit $500 Beauty/Barber Yes Level II $950 Refundable No Laundry Yes Level m $1,350 Rent Increase 3% Average Age N/A STRUCTURAL COMPONENTS: Year Constructed 1998 Number Stories Three Individual Heat/Air Yes Interior Condition Good Building Materials Stucco Assessment Yes Site Location Good Exterior Condition Good Nursing Staff No Naples Market Study Continental Health Care Properties 41F PROVINCE C:/2108/cr EXhibit VD Page 61 of 106 Section V-Page 56 Harbor Chase Harbor Chase is an assisted living and Alzheimer's care facility located just west of Airport Pulling Road (County Road 31) and just south of Vanderbilt Beach Road (County Road 862). Harbor Chase offers 93 assisted living units ranging from a 333 square foot studio to a 510 square foot one-bedroom with a den. Harbor Chase also has a 40-bed nursing center with 10 private and fifteen semi-private rooms each with a private bathroom and 258 square feet of space. The center includes a full range of amenities including a formal dining room,beauty salon,library and lounge areas and a therapy room. Residents are provided with three meals per day, daily housekeeping, transportation, activities and assistance with activities of daily living. This facility is located outside the primary market area and will not be competitive with the planned Project. Naples Market Study Continental Health Care Properties PROVINCE Ualuatrat Gro p C:/2108/cr EXhibit VD Page 62 of 106 Section V-Page 57 ASSISTED LIVING COMPARABLE r •4 4 LOCATION DATA qa Name: Homewood Residence at Naples Location: 770 Goodlette Road N. 7 r County: Collier County City,State: Naples,Florida `y .k --" PHYSICAL DATA • 't 4-¢ i , "t i Type: AL and AIZ . 4. .,..,r:4 `: i 4 - Land Area: 3.16 • ;` 1,,,r'' ". •• `' . r Gross living Area (Est): 38,191 z % Number of AL Units: 76 «- II Number of ALZ Units 24 .t �:s A. - Average Size Per Unit: 503 .? Year Built: 1999 Number of Stories: Four -/ Exterior: Stucco - _......,. - Condition: Good MANAGEMENT VERIFICATION SURVEY DATE AL-OCCUPANCY AL2-OCCUPANCY Brookdale Senior living Marketing Director 11/01/11 85.53% 100.00% OWNERSHIP NHPMS,LLC UNIT MIX NO.UNITS BATHS MONTHLY RATE DAILY RATE SQUARE FEET Studio AL 36 1.0 $2,980 $97.97 500 One-Bedroom AL 20 1.0 $3,570 $11737 600 Two-Bedroom AL 20 1.0 $5,205 $171.12 972 Studio ALZ 24 1.0 $5,630 $185.10 300 Extra Person Fee $650.00 AMENITIES AMENITIES SERVICES Kitchen Yes Courtyard/Sunroom Yes Assistance with Meds For a Fee Full Bath Yes Fitness Room No Toileting For a Fee Shower Yes Ice Cream Parlor No Dressing For a Fee Waitered Meals Three Walking Garden Yes Assistance to Meals For a Fee Buffet N/A library Yes UtiliTrans/Housekeeping Included Arts and Crafts Yes Level I $385 Community Fee $2,500 Beauty/Barber Yes Level II $740 Refundable N/A Laundry Four Level 111 $1,065 Rent Increase 1-2% Average Age Stucco Level N N/A Good STRUCTURAL COMPON ENTS: Year Constructed 1999 Number Stori es Four Individual Heat/Air Yes Interior Condition Good Building Materials Stucco Assessment Yes(on-going) Site Location Good Exterior Condition Good Nursing Staff No Naples Market Study Continental Health Care Properties RN PROVINCE Valturtron Grottp C:/2108/cr EXhibit VD Page 63 of 106 Section V-Page 58 Homewood Residence Homewood Residence at Naples offers assisted living and Alzheimer's and Dementia Care.The Alzheimer's program is provided in Clare Bridge Place which provides programs and a secured environment for those who have Alzheimer's or other types of dementia. Units include emergency pull cords, fire detectors and private baths and kitchenettes. Services include three meals per day, housekeeping, transportation, assistance with activities of daily living and activities. This community is typically full with a wait list.The demand for dementia care remains very strong, but demand for assisted living has not been as strong during the last twelve months. The marketing director indicated that while concessions are not routinely being granted, they would work with potential residents. This facility is located outside the primary market area and is not considered competitive. Naples Market Study Continental Health Care Properties 4Rif PROVINCE Yn6.rstinu Grmrp C:/2108/cr EXhibit VD Page 64 of 106 Section V-Page 59 CCRC COMPARABLE ,A Gja el .may 4 '4--4 i-2,1 LOCATION DATA rvlf rr� iar ''* ".�„I' Name: Moorings Park �, . tl o � •1 Location: 120 Moorings Park Drive cf't1 Y ".. p '��.4 4 a f{ ' �mpd ri J s',. County: Collier County `° /•4::::..,, � •9'`1.'' ; I City,State: Naples,Florida •s c >. a -- y •r .: :,,,, ti ti t PHYSICAL DATA .-.-: _ `' _ _f -p - Type: CCRC .�'r' ° Land Area: 97 _ \ e Gross living Area (Est): N/A t .y. .. t 1.i ' ', t —_' .Z• C "L.,,- lc s1�y Number of IL Units: 355 44 ws 04,�p r pf W „• , Number of AL Units: 74 '. 4 ;� „,j t.-. ! n ypi�n „ Numberof SNF Units: 71 8t 4 t "II Y. • r Nr - r II, L "+a y : _' a Year Built: 1980 r -' . Number of Stories: Varies F-=-' _,-r—= - - ti la i Exterior: Varies p,7 Condition: Good w w.sreseniorlivins.corn MANAGEMENT VERIFICATION SURVEYDATE IL-OCCUPANCY AL-OCCUPANCY The Moorings Inc Marketing Director 11/01/11 100.00% 100.00% OWNERS HIP The Moorings Inc UNIT MIX NO.UNITS BATHS ENTRY PRICE MONTHLY FEE SQUARE FEET IL-One-Bedroom 175 1.0 $247,000 53,000 882 IL-Two-Bedroom 125 2.0 $850,000 $5,000 2,560 IL-Three-Bedroom 55 3.0 $2,300,000 $7,000 4,240 AL-One-Bedroom 74 1.0 N/A N/A 480 SNF Private 36 1.0 512,410 $408.00 300 SNF Semi-Private 35 1.0 $8,760 $288.00 300 AMENITIES AMENITIES SERVICES IGtchen Yes Courtyard/Sunroom Yes Assistance with Meds Fora Fee Full Bath Yes Fitness Room Yes Toileting For a Fee Shower Yes Ice Cream Parlor No Dressing For a Fee Waitered Meals Three Walking Garden Yes Assistance to Meals For a Fee Buffet N/A library Yes Util/Trans/Housekeeping Included Community Fee Yes Arts and Crafts Yes Level I N/A Pet Fee N/A Beauty/Barber Yes Level II N/A Refundable N/A Laundry Yes Level III N/A Rent Increase 3% Average Age 80 Level IV N/A STRUCTURAL COMPONENTS: Year Constructed 1980 Number Stories Varies Individual Heat/Air Yes Interior Condition Good Building Materials Varies Assessment Yes Site Location Good Exterior Condition Good Nursing Staff No Naples Market Study Continental Health Care Properties 4EIF PROVINCE valu,,rro„troy, C:/2108/cr EXhibit VD Page 65 of 106 Section V-Page 60 Moorings Park Moorings Park is a large high-end continuing care retirement community (CCRC), which offers independent living, assisted living, nursing care services. The 83-acre gated campus is located within the city of Naples and one-half mile east of Tamiami Trail (U.S. Route 41) and one-half mile south of Pine Ridge Road(County Road 896). Moorings Park provides 355 independent living units in four different settings (buildings) and over thirty different floor plans for independent living with plans ranging from 882 square feet to 4,240 square feet of living space. Moorings Park is also in the final construction phase of three new independent living buildings which will provide 29 lakefront residences featuring private grand terraces and living space ranging from 1,800 to 5,550 square feet. These building will include new amenities such as a rooftop garden and a new dining and lounging venue. Occupancy is scheduled for Fall of 2012. In addition to independent living,Moorings Park provides assisted living services in Orchid Terrace a 24,315 square foot Extended Congregate Care (ECC) facility with 74 private apartments and suites.The ECC designation allows Orchid Terrace to provide residents with higher levels of care than the assisted living license allows. When residents require higher levels of care or rehabilitation, The Chateau provides skilled nursing care (separate three-story facility consisting of 6,392 square feet). The Chateau is by 14 landscaped acres. The Chateau has rehabilitation on the first floor and private and semi-private rooms on the second and third floors. The Chateau is licensed for 106 beds. This property is located outside of the Primary Market Area (PMA and will not be competitive with the planned Project. Naples Market Study Continental Health Care Properties 4if PROVINCE Volum,.Group C:/2108/cr EXhibit VD Page 66 of 106 Section V-Page 61 ASSISTED LIVING COMPARABLE LOCATION DATA Name: Tuscany Villa of Naples Location: 8901 Tamiami Trail County: Collier County �y i .* r, j City,State: Naples,Florida pf F ' i S J .-- PHYSICAL DATA 9 i>;r Type: Independent and AL if �" Land Area: 4.88 k If �� '� �� � ki_ ____ 42; ,... _.: L 9 Number of IL Units: N/A F " ri iv:ti. . Number of AL Units: 136 Average Size Per Unit: N/A Year Built: 1998 Number of Stories: Three Exterior: Stucco Condition: Good www.tuscanvvillaof'naples.com MANAGEMENT VERIFICATION SURVEY DATE OCCUPANCY AL Five Star Quality Care Marketing Director 11/01/11 86.00% OWNERS HIP Five Star Quality Care UNIT MLN NO.BEDS BATHS MONTHLY RATE DAILY RATE SQUARE FEET Studio 24 1.0 $2,005 $65.92 286 Studio Deluxe 24 1.0 $2,205 $72.49 324 Studio Suite 24 1.0 $2,505 $82.36 420 One-Bedroom 20 1.0 $2,905 $95.51 572 One-Bedroom 20 1.0 $3,105 $102.08 700 Two-Bedroom 12 1.0 $3,400 $111.78 1,010 Two-Bedroom 12 1.0 $3,500 $115.07 1100 AMENITIES AMEN IT IES SERVICES Kitchen Yes Courtyard/Sunroom Yes Assistance with Meds For a Fee Full Bath Yes Fitness Room Yes Toileting For a Fee Shower Yes Ice Cream Parlor No Dressing Fora Fee Waitered Meals 3 Walking Garden Yes Assistance to Meals For a Fee Buffet N/A library Yes Util/I'rans/Housekeeping Included Deposit $1,000 Arts and Crafts No Level I Included in Rent Pety Deposit $250 Beauty/Barber Yes Level II $350 Refundable No Laundry Yes Level DI $650 Rent Increase 3% Average Age N/A Level IV $850 Level V $1,050 Level VI $1,250 STRUCTURAL COMPONENTS: Year Constructed 1998 Number Stories Three Individual Heat/Air Yes Interior Condition Good Building Materials Stucco Assessment Yes Site Location Good Exterior Condition Good Nursing Staff No Naples Market Study Continental Health Care Properties 0 PROVINCE Valuation Group C:/2108/cr EXhibit VD Page 67 of 106 Section V-Page 62 Tuscany Villa Tuscany Villa of Naples is located just east of Tamiami Trail (U.S. Route 41) and approximately a mile south of Rattlesnake Hammock Road. Tuscany Villa is a resort- style assisted living community which provides 136 living units ranging from a 286 square foot studio to a 1,100 square foot two-bedroom suite. Tuscany Villa provides competitive and well-designed amenities including elegant living and dining areas, a beauty salon, a library,an internet café,a bar and bistro and an on-site clinic with visiting physicians. Tuscany Villa was totally renovated five years ago and remains in very good condition with excellent curb appeal. However, occupancy remains slightly low(mid 80th percentile)due to Tuscany Villas' location on the south side of Naples. This facility is located outside the primary market area and will not be competitive with the planned Project. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr EXhibit VD Page 68 of 106 P 5 will Section V-Page 63 0 ASSISTED LIVING COMPARABLE LOCATION DATA Name: Windsor Place Location: 2626 Goodlette Road County: Collier County City,State: Naples,Florida PEWS ICAL DATA Type: Assisted Living ei> t - UN + Land Area: N/A li_ ,, I •o r Gross Living Area (Est): N/A - • NumberoflLUnits: N/A i. J ' - — 4 Number of AL Units: 50 Average Size Per Unit: N/A - Year Built: 1997 Number of Stories: One Exterior: Stucco iCondition: Good MANAGEMENT VERIFICATION SURVEY DATE OCCUPANCY Senion living Property Co.LLC Administrator 11/01/11 86.00% OWNERSHIP Senion living Property Co.LLC UNIT MIX NO.UNITS BATHS MONTHLY RATE DAILY RATE SQUARE FEET Studio 43 1.0 $3,200 $105.21 384 One-Bedroom 7 1.0 $3,600 $118.36 500 Second Person Fee $1,200 AMENITIES AMENITIES SERVICES Kitchenette Yes Courtyard/Sunroom Yes Assistance with Meds Included Full Bath Yes Fitness Room No Toileting Included Shower Yes Ice Cream Parlor No Dressing Included Waitered Meals Yes Walking Garden Yes Assistance to Meals Included Buffet N/A library Yes UtillTrans/Housekeeping Included Arts and Crafts Yes Moderate Care $1,000 New Resident Services Fee None Beauty/Barber Yes Heavy Care $1,500 Refundable N/A Laundry One Rent Increase 1-3% Average Age 80 1 STRUCTURAL COMPONENTS: Year Constructed 1997 Number Stories One Individual Heat/Air Yes Interior Condition Good Building Materials Stucco Assessment Yes Site Location Good Exterior Condition Average Nursing Staff N/A I Naples Market Study Continental Health Care Properties 40 PROVINCE vim,,,„nGrrp C:/2108/cr EXhibit VD Page 69 of 106 T. Section V-Page 64 Windsor Place Windsor Place is located off Goodlette Road and one-half mile east of Tamiami Trail(U.S. Route 41) and a quarter-mile north of Golden Gate Parkway. Windsor Place is a small assisted living facility that has an Extended Congregate Care (ECC) license which allows Windsor Place to provide higher levels of care than the assisted living license normally allows. The center is currently 86.0 percent full but has experienced difficulty in maintaining full occupancy due to turn-over from hospice care and market challenges. The center provides for three meals per day, daily housekeeping, transportation, activities and assistance with activities of daily living. The center has a common dining room, beauty salon, library, lounge areas and a therapy room. Units have kitchenettes and private baths. Monthly assessments determine the need for additional care levels. This facility is located outside the primary market area. This facility will not be competitive with the planned Project. I Naples Market Study Continental Health Care Properties e$PROVINCE Vo&a nGrowp C:/2108/cr EXhibit VD Page 70 of 106 Section V-Page 65 '1DELORME Street Atlas USA•x'2008 Plus T, 1 ,-e'o:c- :1 '- -- ri,,A.;A I , ..--A� iu.nvai es nn ca 846 CR 846 r CR 846 i Nn6erBeaelr_•�=� = _ . '', COMPARABLE FACILITIES )I ,,, _, 4 •—F.:..-4 dapre Park f` -.__J { . s4ue: A-2- - 1 HARBOR CHASE ;__,;‘.• I�_ r�' .1 i_, l y 3 itI I c t-� - J1 l Pe can Bair F-F l-f� 1 s "'F,-,-1.-3-,17-.:I f i,_A� 1 ' _ I i -.7 ks�- I, ,-_.t, _ ---'1 � `. therm rd: faOCDEN GATE BLVD w 1 t y VIneyarda �_.1---- i F GlBME11 I rI rT• I I. .I �' or a------- a 'u 1 ��1 E� r Cm a96 R ,— '1' \"--,\-," ! { - --CR 896 --. CR 896 ___..____ k fr.. i_RMS PARK 1, vs; i a- I t 'f w — - , i ,.;i Vii~=1{ F', i ----- ___ ----- -- i I 4 =A 1 4 is/let 1-;• - 1 i _�� .v — +�■ i — it ..._t{- ir ° 34116 .ate— —I . �1', ;VINDSOR PLACEI .. f i -- — M I I,_ 4 w �y•�aexGA icrl I _i 11 1 + l:I .. - , 1_: - i i 1 HOMEWOOD RESD@ICE —}.--`l-f� r� , w, F • r_ •.rz iot:LI 1_ I alai=1 Axse,r � �,:..cR-ash �, ',�a iE': ° 4, 1 ��,, d "I . ill 5 f 1 , P• YI i art Naplhs �� + i 'T.-'. 1 Ie. I THIRACNA G1AND r `11 _ 3ADF5 SL;T 1 1 I x. -, o sb "11 ,_ . ,,AtANORCARE SNF . 54° 4 Anvil m 1 j� r'Pro - r� ARDBI COU2T5 '^ 1 rmi tI\S ` �ARRBIGTON TIPQACE LEL '— y S 4 } ' ID 1 II- TUSCANY IMAGE-1 S6AL PALh 0.D II ri ,c j�Lehr Ra{orF _ r Data use subject to license. t .: MN m1©2007 DeLorme.Street Atlas USA.®2009 Plus % 1 1% 2 Z% wrvrv.delorme.com MN(5.1'W) Data Zoom 11-1 Naples Market Study Continental Health Care Properties 4ifif PROVINCE C:/2108/cr EXhibit VD Page 71 of 106 Section V-Page 66 PROPOSED SUPPLY AND IMPACT OF PLANNED SUPPLY Proposed Independent Living and Assisted living/Alzheimer's Supply According to the state licensing office,there are continued requests for the granting of licenses for assisted living/Alzheimer's facilities within the state of Florida. Potential developments for which we are aware include the following: • Addition of three Independent Living buildings containing twenty-nine units to the existing Moorings Park CCRC. The addition is in the final phase of construction with availability planned for 2012. All of the units have been presold at$2.3 million a unit. Moorings Park is not within the primary market area(PMA). According to the state licensing office,there are continued requests for the granting of licenses for assisted living/Alzheimer's facilities within the state of Florida. Potential developments for which we are aware include the following: • Planned retirement community for south Naples (60 assisted living units and 30 Alzheimer's units). The 11.25 acre site is located along Airport Pulling Road and Glades Boulevard. Research does not indicate that this facility has received a license to operate. Therefore, we have not included any of these beds in the planned supply. Naples Market Study Continental Health Care Properties PROVINCE v�„aeo„cn,rp C:/2108/cr EXhibit VD Page 72 of 106 r Section V-Page 67 `.` COMPARABLE BEDS The following table details the current and planned supply for the four zip-code primary market area. FACILITY IL AL ALZ SNF COMMENTS IL AL ALZ SNF Arden Courts - 52 - 50%COMPETITIVE 26 Barrington Terrace - 89 31 - 50%COMPETITIVE 45 15 Lely Palms 200 8 - 117 50%COMPETITIVE 100 8 59 Terracina Grand - 137 33 - COMPETITIVE 137 33 TOTALS 200 234 116 237 100 190 74 179 I L i I N Naples Market Study Continental Health Care Properties PRl dOVINCE Yaon Gru C:/2108/cr EXhibit VD Page 73 of 106 Section V-Page 68 DELORME DeLorme Street Atlas USAV 2009 COMPARABLE FACILITIES \y�i Bonita SDii`togs lj 4r .@QNtTA BEacHR.I 1 d y P\ I 941111 �i G \�1 �J y 1L` (...1 i 1 1,HARBOR CHASE ?r7 --— — — NaPIe rk 1 1 14119 j 1 'w�'•, .ESN 1 L 1 1 .445.4. d.E.-- e,:yF. •t !1 \ ( 1 q THE CARLISLE Pelican 8a��J --- I �.' I. ; WINDSOR PLACE PROJECT g I Marko 1 4, 94195 MI --- I 'orth Naples 1 I {t y -- ,_ E,ERCIADESPKY ..._____1_11-- , � ' ` NeW�:taaxv`t9#L04------ a4u1= sa 'HOMEWOOD RESIDENCE East Naptea �les . TERR ACINA GRAND ‘141.4 ` ... - J 1PL aNNED PROJECT wool k ) 4112 �ry .j��'4‘'...f.;; /�, —�1 ARDEN COURTS OF NAPLES 331-':.1 I i ' 'B ARRINGTON TERRACE s �i �\ ti i\- 5 '�, �L \ TUSCAN\VILLAGE OF NAPLES Creak \-- 11 1,I 34114 .4f.,- _4'/ 1 Marco Island \\N. .0. /..- ,-•1 __0. �/�ta < `MittOlRf�n/1 •t \..i •• 4, ) � t ( X1414 44.`� ..l ,Epw Data use subject to license. t �:_�_ mi ©DeLorme.DeLorme Street Atlas USA©2009 0 1 2 3 4 5 vvvv 4.delorme.com MN(4.8°W) Data Zoom 10-0 I Naples Market Study Continental Health Care Properties PROVINCE Vala4s4„cr5V C:/2108/cr EXhibit VD Page 74 of 106 Section V-Page 69 DEMAND ANALYSIS (ASSISTED LIVING) INTRODUCTION The following demand analysis provides a Net Demand analysis for the private pay assisted living services. Specifically, the Net Demand analysis is an indication of the number of beds/units needed within a stated market area. The assisted living demand analysis is dependent upon the number of people in a population who are in need of help with activities of daily living.However, only a small portion of this group is composed of assisted living patients at any given time. According to a number of national studies,the total risk of becoming an assisted living patient for a 65-year-old is approximately 43.0 percent.The probability of admission increases for persons age 75 to 85.Because the life expectancy at age 65 is lengthening,the expected number of admissions is forecasted to grow. The assisted living demand analysis assumes services for healthcare and provides for an analysis of age and income qualification,utilization for services(percent who would opt to utilize assisted living services)and care modality(percent requiring care). The fastest growing age cohort in the United States is the over-85 bracket. As "baby boomers" continue to enter their senior years, the demand for long-term care is expected to increase. The portion of the demand that will come from the "baby boomer" population is dependent on the growth of long-term care insurance and the continued participation of adult children caregivers who have typically provided most of the informal care to the dependent elderly.A third factor that has limited demand is the advent of health care reform. Keeping all of the above in mind, the following information details the Net Demand process for assisted living services within the previously determined primary market area. All statistics used in the Net Demand table are derived from demographic analysis and/or in-depth surveys of the market area and/or through the use of Claritas demographics.Following the overview of the Net Demand process are tables summarizing the Net Demand calculation. Naples Market Study Continental Health Care Properties �PROVINCE Valuation Group C:/2108/cr EXhibit VD Page 75 of 106 Section V-Page 70 NET DEMAND PROCESS Introduction Seniors have a variety of reasons that prompt them to utilize senior housing services.According to a study performed by the National Investment Center (NIC), older respondents indicated they moved to be closer to family while the younger cohort(age 60 to 74 years) indicated they moved due to the death of a spouse (7.9 percent versus 2.1 percent), difficulties in getting around (3.9 percent versus 2.1 percent) and difficulty in taking care of their home (14.5 percent versus 9.3 percent). The NIC study also analyzed the percent of residents by age cohort that have made the decision to move to senior housing by age group and those that were in the market.Their survey revealed the following: Age Age Age Age Age Age 60-54 65-69 70-74 75-79 80-84 85+ Definite* 2 2 0 4 5 3 In Market 6 6 5 9 8 8 *Made decision to move The Net Demand analysis utilizes the following parameters.Following the listing is a summary of max. each parameter. The "alphabetical" representation for each category correlates to the respective row on the Net Demand table. • Population; • Households; • Ratio of Residents per Household; • Income Qualified Households; • Income Qualified Population; • Care Modality-Assisted Living; • Utilization Rate; • Total Qualified Demand; • Primary Market Draw; • Existing and Planned Supply; • Adjustment for Occupancy; • Adjustment for Rollover;and • Net Adjusted Supply. Naples Market Study Continental Health Care Properties PROVINCE valuat m,Group C:/2108/cr EXhibit VD Page 76 of 106 Section V-Page 71 Population The following analysis utilizes Claritas demographics in order to analyze the percentage of age and income qualified senior residents within the chosen primary market area. It should be noted that the demographics can be skewed based on the number of second homes in the market (not accounted for in the U.S. Census) and due to the lack or of progression of current development (not always captured by demographers). Therefore, demographics should be analyzed along with data provided by Economic Development Offices, the Chamber of Commerce and key business developers in the market area. Age factors vary depending upon the type of development, services, amenities, location, etc. Research performed by PVG for numerous markets throughout the United States over the last 20 years indicates independent living residents are typically 75 and older. Assisted living residents are generally in the 78 and older age cohorts and nursing home residents are typically over 80. CCRCs have been experiencing an average age of 77 (AAHSA's Continuing Care Retirement Communities:2005 Profile 1st Edition). The Net Demand process utilizes ages 75+ for independent living services and assisted living services. The population figures are a product of the 2000 National Census and are drawn from Claritas(A). Households Households represent the total number of households within each respective age cohort for the PMA. The household numbers are a product of the 2000 National Census and are drawn from Claritas(B). Ratio of Residents Per Household Claritas reporting provides for total population within the market area, as well as number of households within the market area(i.e.for every household there are"x" number of people-ratio of residents per household on the Demand Schedule-Line"C").Therefore,the ratio of residents per household adjusts for the total population base per age cohort to the number of households in the market (i.e., the number of residents per household within the PMA by age cohort). This ratio is derived by dividing the total population for the PMA by the total households within the PMA(C= A divided by B). Income Qualified Households Income Qualification is the percentage of the relevant population deemed to be capable of affording residence in an assisted living facility and/or independent living community in the market area. According to statistical research compiled from the survey of the area's comparable facilities,the average private pay rate for services is utilized.This figure is an approximate average of the surveyed facilities'studio/one-bedroom basic rental rates. It is also generally assumed that potential assisted living residents are willing to spend up to 80.0 Naples Market Study Continental Health Care Properties PROludunl GVrog INCE Ya p C:/2108/cr EXhibit VD Page 77 of 106 Section V-Page 72 percent of their income on rent and independent living residents are willing to pay 50.0 percent of their income on rent. The following table details the income qualification.The$80 per day income qualification is based on demographics of the market area, analysis of assisted living facilities in the market and the care level planned for the Project. The$65.00 per day income qualification for independent living services is also based on demographics in the market area and analysis of comparable independent living facilities.All data has been obtained through Claritas(D). INCOME QUALIFICATION Average Daily Rates Within the Market: $80.00 Monthly Rate: $2,433 Adjusted for Yearly Income: $29,200 Adjusted for Income Utilization: $36,500 Income Qualification Set at: $35,000 It should be duly noted that the figures in the income section represent estimates of disposable income only. In reality, the money available to spend on assisted living and independent living monthly fees may be drawn from alternate sources as Social Security Income, pensions, interest and dividends, spending down of assets (savings, selling of stocks and bonds and/or other investment interests), interest income from the sale of a home and/or draw down of assets from the sale of a home.Other impacting variables not taken into account,such as whether the potential resident's children,or family are planning to contribute financially,could also change the statistical outlook. The following table summarizes the Income Qualified population for each respective service,as well as the percentage of the population base. INCOME QUALIFICATION z jll(,lc. it oilN) '( 1(1! Oill, ,?I )�) C Itiiiil.?ii It+o it (»1,11111.,,I ��, (�ll•1�IiIQ ti _... 2010 2015 Assisted 65-74 - $35,000 5,935 75.2% 7,575 81.4% 75-84 - $35,000 3,785 68.5% 4,322 74.8% 85+ $35,000 1,362 66.1% 1,774 72.6% Income Qualified Population Income-qualified population is derived by multiplying the ratio of residents per household by the income-qualified households. This adjusts for the differential between total population and households(E=C*D). Naples Market Study Continental Health Care Properties 4itif PROVINCE via,»,r„w,p C:/2108/cr EXhibit VD Page 78 of 106 Care Modality-Assisted Living Section V-Page 73 Claritas-The Care Modality figure refers to those with either a physical,or mental disability. This percentage, supplied by Claritas (Senior Life Report), does not differentiate between the age cohorts. Claritas reports care modality for the 65+ and 75+population cohorts.However,this data is taken from the 2000 census and is not directly related to activities of daily living.The percentage range frequently noted on Claritas is between 25.0 percent and 37.0 percent. The primary market area analyzed indicated that 35.0 percent of the 65+ population base has a physical impairment and 10.0 percent had a self-care disability.The following analysis utilizes the population base over 75+. Agency for Healthcare Policy and Research - The Agency for Healthcare Policy and Research indicates the following care need: • 14.5 percent for the 65 to 74 age cohort;and • 34.0 percent for the 75 to 80+cohort. National Investment Center (NIC) - Two common measures of seniors' health status are the ability to perform activities of daily living (ADLs), such as bathing, dressing, eating and toileting and instrumental activities of daily living (IADLs), such as phone use, laundry, shopping and money management. Over 14.0 percent of seniors require assistance with ADLs and 21.6 percent have difficulty with IADLs. As the table below indicates,limitations on ability to perform these activities increase with age. PREVALENCE OF CHRONIC DISABILITY Age Nondisabled Only IADL impaired ADL impaired 65-74 88.50% 3.10% 8.40% 75-84 73.10% 55.00% 21.40% 85+ 40.20% 72.00% 52.70% Source:National Investment Center,The Case for Investing in Senior Housing Based on the various studies that have been performed and statistics as gleaned from Claritas, as well as through analysis of data provided by the National Investment Center and the Agency for Healthcare Policy and Research,the following care modalities have been utilized(F): PRIVATE PAY 65-74 Age Cohort 10% 75+Age Cohort 20% 85+Age Cohort 45% Nor Naples Market Study Continental Health Care Properties PROVINCE Ya[vndm Gmr■p C:/2108/cr EXhibit VD Page 79 of 106 Section V-Page 74 Utilization Rate The Utilization Rate represents those who will seek care in an assisted living facility and/or residing in an independent living facility as opposed to a nursing home, care through a home health agency,or simply by remaining at home.The utilization factor also accounts for the percent of the population living alone. Claritas indicates percentages for those living alone ranging from 7.0 percent to over 24.0 percent.The national averages range from 6.1 percent to 22.8 percent. Total utilization rates can also range from 20.0 percent to 50.0 percent depending on the depth of the market, alternative services available and sophistication of the services available, as well as taking into account the percentage of the population base living alone. The utilization rate also varies, based on the age cohort The primary market area for the Project indicates the following percentage of people living alone (people living alone are much more likely to utilize retirement services including independent living and assisted living services). PERCENT LIVING ALONE-65+ Female Householder 18.30% Male Householder 4.20% Approximately 28.74 percent of the female and male population base is living alone with the Project's primary market area. Considering the above percentages,as well as taking into account the lack of alternative services in the community (home health,adult day care and Meals on Wheels),the following utilization rates are assumed for the market(G). PRIVATE PAY \,,� �..nlu�; 65-74 Ate Cohort 5% 75+A_e Cohort 15% 85+Age Cohort 25% Total Qualified Demand Total qualified demand is derived by multiplying the income-qualified population base by the care modality and the utilization rate. The resulting product is the qualified demand per age cohort prior to adjusting for existing and proposed supply(H=E*F*G).Row I is the sum of the demand total qualified demand for all age cohorts. Primary Market Draw The Primary Market Draw reflects the percentage of residents that the provider can expect to draw to the facility from the PMA. This statistical estimate is derived from surveys of the area's competitive facilities and a general feel for the market after analysis of interviews with local health care administrators and other officials. A lower percentage indicates that facilities within the Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr EXhibit VD Page 80 of 106 Section V-Page 75 market draw a larger portion of their residents from outside the market area(out of state included). As previously detailed, a primary market draw of 70.0 percent is utilized for independent living services with an 80.0 percent primary market draw utilized for assisted living services. The Total Adjusted Qualified Demand for All Ages is Total Qualified Demand divided by the primary market draw(K=I/J). Total Existing and Planned Supply The following table summarizes the existing supply within the market area. FACILITY IL AL ALZ SNF COMMENTS IL AL ALZ SNF Arden Courts - 52 - 50%COMPETITIVE 26 Barrington Terrace - 89 31 - 50%COMPETITIVE 45 15 Lely Palms 200 8 - 117 50%COMPETITIVE 100 8 59 Terracina Grand - 137 33 - COMPETITIVE 137 33 TOTALS 200 234 116 237 100 190 74 179 As noted above,we have not included the 60 previously planned assisted living units (potential development off Airport Pulling Road(total projected supply is:0=L+ M). Adjustment for Occupancy The average occupancy in the market is within the 90.0 percent range. Therefore, the potential supply of beds is adjusted for the average occupancy within the market and takes into account the small size of the centers. The occupancy adjustment assumes that 10.0 percent of the supply of beds will never be occupied and are,therefore,deducted from the pool of available beds/units (O* P). Naples Market Study Continental Health Care Properties e PROVINCE C:/2108/cr �� o,r.w� EXhibit VD Page 81 of 106 Section V-Page 76 Adjustment for Rollover According to the State of Seniors Housing survey,median annual resident rollover for nursing homes was 53.8 percent. Independent living had a median rollover of 32.8 percent; assisted living had a median rollover of 55.5 percent.CCRCs had a median rollover of 18.9 percent.The following table summarizes the rollover percentages for the three care levels as reported by The State of Seniors Housing. ROLLOVER RATES RESIDENT TURNOVER BY COMMUNITY TYPE Lower Quartile Median Upper Quartile Independent Living 26.10% 32.80% 39.30% Assisted Living 43.80% 55.50% 78.80% CCRC 12.60% 18.90% 31.00% As noted, independent living services report a median rollover of 32.8 percent with assisted living reporting a rollover of 43.80 percent for the lower quartile and 55.5 percent for the median. The independent living rollover is anticipated to be within the median level while the assisted living services are anticipated to be within the lower quartile due to the lower level of care. Based on analysis of the secondary data, as well as analysis of the market comparables, a rollover of 30.0 percent for assisted living services(adjustment for rollover=P/ Q). Adjustment for rollover assumes the same bed will be available for occupancy more than one time in any given year. Forecasted Demand Overall,there appears to be a continued need for independent living and assisted living services in 2010 with increased demand through 2015. The Project is planned for development over the next 24-to 30-months.Therefore,the market demographics and income analysis support the addition of assisted living beds within the market area(K-Q) . DEMAND FORECAST YV,AP Ai, I> �'i`�f ` i II, 2010 442 2015 612 Naples Market Study Continental Health Care Properties 4R,PROVINCE Yclwuion Croup C:/2108/cr EXhibit VD Page 82 of 106 Section V-Page 77 ASSISTED LIVING DEMAND-FOUR ZIP-CODE AREA 2010 2015 65-74 I 75-84 I 85+ TOTALS 65-74 1 75.84 I 85+ TOTALS TOTAL POPULATION PRIMARY MARKET AREA A 14,264 9,761 3,040 17,052 10,375 3,637 TOTAL HOUSEHOLDS B 7,891 5,528 2,061 9,305 5,778 2,443 RATIO OF RESIDENTS PER HOUSEHOLD C 1.81 L77 1.48 1.83 1.80 1.49 INCOME QUALIFIED HOUSEHOLDS D 5,935 3,785 1,362 7,575 4322 1,774 INCOME QUALIFIED POPULATION E 10,728 6,683 2,009 13,882 7,761 2,641 PERCENT REQUIRING CARE(CARE MODALITY) F 10% 20% 45% 10% 20% 45% UTILIZATION RATE G 5% 15% 25% 5% 15% 25% TOTAL QUALIFIED DEMAND(AGE,INCOME,CARE) H 54 200 226 69 233 297 TOTAL QUALIFIED DEMAND ALL AGES I 480 599 PRIMARY MARKET DRAW J 70% 70% ADJUSTED DEMAND ALL AGES K 686 856 EXISTING SUPPLY L 190 190 PLANNED UNITS M 0 0 TOTAL PROJECTED SUPPLY 0 190 190 ADJUSTMENT FOR OCCUPANCY P 90% 171 171 ADJUSTMENT FOR ROLLOVER Q 30% 244 244 NET ADJUSTED SUPPLY 244 244 FORECASTED DEMAND 442 612 Note:Households have been converted to persons in the market(ratio of residents per household). Naples Market Study Continental Health Care Properties PROVINCE Valuation(nowt C:/2108/cr EXhibit VD Page 83 of 106 Section V—Page 78 (A)From Claritas data(see Population charts as detailed in the neighborhood Outlook) (B)Total Households as reported by Claritas for all income categories(see Income as reported in Neighborhood Outlook) (C) A divided by B (D)Income qualified households set at$35,000 for assisted living services and$50,000 for independent living services as per data supplied by Claritas for private pay (E)D times C (F)Based on the research of data provided by Claritas,data provided through research articles over a ten- year period. (G)Based on research of data provided through research articles over a ten-year period. (H)E times F times G (I)Sum of all categories (J)Based on research of the market area specific to the project's market area (K)I divided by J (L)Supply as detailed in the attached report (M)Proposed supply as detailed in the attached report (0)Total existing and proposed supply (P)0 times adjustment for occupancy (R)K-Q Naples Market Study Continental Health Care Properties e$PROVINCE Yal tion Croup C:/2108/cr EXhibit VD Page 84 of 106 Section V-Page 79 Penetration Rate Analysis Penetration rates help measure the degree to which supply and demand indicates either a saturated market or underserved market. Essentially, the penetration rate analysis determines what percentage of the market must be captured in order to obtain stabilized occupancy. However, penetration rates should not be utilized on the basis of absolute value due to the nature of market variations. That is,other factors may be in place within the market area above and beyond the pure demographic analysis(i.e.,social and ethnic trends). In general,as penetration rates increase,average rents tend to be lower than the market at large (i.e.,a more competitive market area). Other factors may include the degree to which the facility is offering a slightly different product than the market at large (i.e.nitch market position). All else being equal,in a perfect world,a lower penetration rate is an indicator of market depth. However, if the market is unfamiliar with the product type, the lease-up period may be longer than otherwise noted in the respective market. Conversely, a high penetration rate may be the result of an active wait list with pent-up demand in the market (often noted in markets where seniors are educated regarding senior housing and healthcare services). Overall, penetration rates provide one method of assessing market demand and should be considered in conjunction with other factors, including but not limited to, occupancy levels, planned development, current design parameters, alternative services in the market and key management personnel. The following information summarizes the penetration analysis for the subject's market area. Penetration Analysis Total Supply(a) 190 Market Occupancy(b) 0.90 Adjusted Supply(a * b) 171 Estimated Demand 442 Calculated Penetration Rate 39% While the penetration rate appears to be slightly high,there are limited"true" competitors in the immediate market and the center will provide for a state-of-the-are facility along a major traffic artery. Naples Market Study Continental Health Care Properties 4i,PROVINCE C:/2108/cr ye eu�„�ro,� EXhibit VD Page 85 of 106 Section V-Page 80 DEMAND ANALYSIS-ALZHEIMER'S Overview The Alzheimer's Demand analysis is a subset of the assisted living demand analysis. It is not intended to be utilized in addition to the assisted living net demand. Rather, this analysis is provided for informational use only and is representative of the depth of Alzheimer's services within the PMA. A large proportion of Alzheimer's residents can be cared for in an assisted living setting. General Assumptions The Alzheimer's net demand schedule is based on several general assumptions and can only function accurately when these assumptions are taken into account.These assumptions are: Demand is being assessed only for Alzheimer's care exclusively. This demand assessment cannot be used in conjunction with any other care demand figure. By definition, individuals with Alzheimer's Disease (AD) will develop the need for assistance with activities of daily living (adls) as the disease progresses. An assisted living demand schedule,which assesses the demand for adl assistance, is already taking into account those with AD, who, as a result of the disease, have developed adl assistance needs. In effect, adding the Alzheimer's demand figure to the figure generated for assisted living demand would duplicate part of the demand. Alzheimer's demand must be looked at as a calculation exclusively of individuals that need care for AD and would enter into a facility that is specifically providing Alzheimer's(not assisted living)care. We are assessing the demand for Alzheimer's care for those individuals that have already been diagnosed as having"probable AD" ("probable AD" is how the diagnosis is termed for the living- there is no certain way to ascertain if it was indeed AD until post-mortem autopsy). We are not accounting for individuals that may have undetected and undiagnosed AD - there is no way to establish how many of these individuals exist. Risk Factors for Alzheimer's Disease The greatest risk factor for Alzheimer's disease is advancing age, but Alzheimer's is not a normal part of aging. Most Americans with Alzheimer's disease are aged 65 or older. These individuals are said to have late-onset Alzheimer's disease. However,people younger than age 65 can also develop the disease. When Alzheimer's occurs in a person younger than 65 who does not have familial Alzheimer's disease, it is referred to as "younger-onset" or"early-onset" Alzheimer's. It is assumed that all individuals diagnosed with probable Alzheimer's Disease will progress through the disorder in stages of deterioration after the onset of the disease. This is based on both the Alzheimer's Association's widely accepted three-stage theory , as well as Dr. Barry Reisberg and colleagues' seven-stage scale for degenerative dementia (Reisberg B, Ferris SH, De Leon MJ, Crook T: The Global Deterioration Scale for Assessment of Primary Degenerative Dementia. American Journal of Psychiatry 139(9):1136-1139.1982). Naples Market Study Continental Health Care Properties 4R5 PROVINCE Vahan=Grump C:/2108/cr EXhibit VD Page 86 of 106 Section V-Page 81 For the purposes of this demand schedule,it has been assumed that there are four different basic types of care options available to individuals diagnosed with probable AD. These options are home care, assisted living care, nursing care and community based and other similar care. It has further been assumed that only assisted living that specifically caters to advanced Alzheimer's symptoms(maintenance of incontinence and tendencies to wander,etc.)can be considered a viable care option. This means either a special care unit, or a facility that provides the same level and extent of care as a special unit. It has been assumed that those responsible for the care of an individual diagnosed as having probable AD would not consider placing that individual in a facility that could not see to the individual's specific and increasing needs. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr Yaluat nn C,'roup EXhibit VD Page 87 of 106 Section V-Page 82 ASPECTS OF ALZHEIMER'S NET DEMAND PMA Population The PMA population figures represent the estimated number of people of each age group residing within the PMA. These statistics, drawn from estimates based on the 2000 national census, are taken from Claritas. Prevalence An estimated 5.4 million Americans of all ages have Alzheimer's disease in 2011. This figure includes 5.2 million people aged 65 and older, Al and 200,000 individuals under age 65 who have younger-onset Alzheimer's. The following information summarizes the prevalence of Alzheimer's disease as reported by the Alzheimer's Association(2011). • One in eight people aged 65 and older(13.0 percent)has Alzheimer's disease; • Nearly half of people aged 85 and older(43 percent)have Alzheimer's disease;and • Of those with Alzheimer's disease,an estimated 4.0 percent are under age 65,6.0 percent are 65 to 74,45.0 percent are 75 to 84 and 45 percent are 85 or older. In addition,based on evidence from the Aging, Demographics and Memory Study (ADAMS), a nationally representative sample of older adults,13.9 percent of people aged 71 and older in the United States have dementia. This study also reports that more women than men have Alzheimer's disease and other demential (almost two-thirds of all Americans living with Alzheimer's are women). However, analyses show that the larger proportion of older women than men who have Alzheimer's disease or other dementia is primarily explained by the fact that women live longer on average than men. Thus, women are not more likely than men to develop dementia at any given age. The following table depicts the prevalence of Alzheimer's disease gleaned from a study performed by the Alzheimer's Association. figur a 1:Proportion of People Aged 66 and Older with Alzheimer's Disease and Other Dementtas. by Rae&Ethnicity,Wast'ington Heights-Inwood Columbia Aging Project,2006 MEM raig I I 8.to ld - Znwao .:w+Lrsa:hw g Naples Market Study Continental Health Care Properties <if PROVINCE Vahouion Group C:/2108/cr EXhibit VD Page 88 of 106 Section V-Page 83 The Rotterdam Study(2009) The table below (The Rotterdam Study in 2009) shows the numbers of participants in the dementia study together with their age distribution and the proportion resident in institutions. Of the 7,528 study participants, 474 (6.3 percent) were demented -- 3.8 percent (112/2,939) of men,7.9 percent(362/4,589) of women. Age and sex specific prevalence's of dementia are shown below. With the exception of the age category 80-89 years, there were no major differences in prevalence between men and women. At ages 80-89 years, women had a higher prevalence of dementia than men with about one- third of all those suffering from dementia have severe dementia(both men and women). 4° — Women 35 Men 30 2S 20 Tool demends ES a. 10 =severe demeMa 5 0 - • 55 60 65 70 75 80 85 90 95 Ate Ge,v=f Summary The following information summarizes the prevalence of Alzheimer's disease based on the two above noted studies: Study I • 65 to 74 - 2.9 percent; • 75-84 - 10.9 percent;and • 85+ - 30.2 percent Study II • 65 to 74 - 2.0 percent; • 75-84 - 5.0 to 20.0 percent;and • 85+ - 20.0 to 40.0 percent Summary - Based on the above study, the following utilization rates have been applied to the demand analysis for the subject's market area: • Age 65-74 - 2.5 Percent; • Age 75-84 - 11.0 Percent;and • Age 85+ - 35.0 Percent. Naples Market Study Continental Health Care Properties I PROVINCE Valuation Grasp C:/2108/cr EXhibit VD Page 89 of 106 Section V-Page 84 Utilization Rate The Utilization Rate represents those who will seek care in an institutional setting, assisted living setting and/or residential setting as opposed to a nursing home, care through a home health agency, or simply by remaining at home. The utilization factor also accounts the fact that beginning stage Alzheimer's patients can be cared for within a typical assisted living setting and also takes into account the percent of the population living alone.Claritas indicates percentages for those living alone ranging from 7.0 percent to over 24.0 percent The national averages range from 6.1 percent to 22.8 percent. Total utilization rates can also range from 5.0 percent to 30.0 percent depending on the depth of the market, alternative services available and sophistication of the services available, as well as taking into account the percentage of the population base living alone. The utilization rate also varies, based on the age cohort Considering the above percentages, as well as taking into account a variety of alternative services in the community (home health), the following utilization rates are assumed for the market. The 35.0 percent utilization rate for the age 85+ cohort represents the increasing prevalence of Alzheimer's in the 85+ cohorts and due to the fact that as residents age-in-place, the illness progresses requiring specialized programs for care. • Age 65-74 - 5.0 Percent; • Age 75-84 - 10.0 Percent;and • Age 85+ - 35.0 Percent Primary Market Draw The Primary Market Draw reflects the percentage of residents that the provider can expect to draw to the facility from the PMA. This statistical estimate is derived from surveys of the area's competitive facilities and a general feel for the market after analysis of interviews with local health care administrators and other officials. A lower percentage indicates that facilities within the market area draw a larger portion of their residents from outside the market area (out-of-state included). A 70.0 percent primary market draw has been utilized which has been confirmed through discussions with management Total Projected Supply There are 74 competitive Alzheimer's beds within the market area. Adjustment for Occupancy The average occupancy in the market is within the 90.0 percent range. The occupancy adjustment assumes that 10.0 percent of the supply of beds will never be occupied and are,therefore,deducted from the pool of available beds/units. Adjustment for Rollover Naples Market Study Continental Health Care Properties e PROVINCE YaIam Grov C:/2108/cr EXhibit VD Page 90 of 106 Section V-Page 85 According to the State of Seniors House survey, median annual resident turnover for nursing homes was 53.8 percent. Independent living had a median turnover of 32.8 percent;assisted living had a median turnover of 55.5 percent. CCRCs had a median turnover of 18.9 percent. The following table summarizes the turnover percentages for the three care levels as reported by The State of Seniors Housing. ROLLOVER RATES RESIDENT TURNOVER BY COMMUNITY TYPE Lower Quartile Median Upper Quartile Independent Living 26.10% 32.80% 39.30% Assisted Living 43.80% 55.50% 78.80% CCRC 12.60% 18.90% 31.00% As noted,independent living services report a median rollover of 32.8 percent with assisted living reporting a rollover of 43.80 percent for the lower quartile and 55.5 percent for the median. The Alzheimer's rollover is anticipated to be within the lower quartile due to the lack of true competitors in the market area. Based on analysis of the secondary data, as well as analysis of the market comparables, a 40.0 percent rollover is utilized for Alzheimer's services. Naples Market Study Continental Health Care Properties Rif PROVINCE C:/2108/cr u4oN�.ro,p EXhibit VD Page 91 of 106 Section V-Page 86 Income Qualification Income Qualification is the percentage of the relevant population deemed to be capable of affording residence in the type of care facility in question.This figure is derived by determining the average yearly rental rate for residence in such a facility and utilizing a generally accepted assumption for the percentage of yearly income that an individual would be willing to spend in order to reside in such a facility.The result will yield the minimum income necessary to enter into such a facility. The percentage of individuals in this age group that earn in excess of this amount annually is provided by Claritas. It should be duly noted that the income figures utilized represent estimates of disposable income only.In reality,the money available to spend on facility rental rates may be drawn from alternative sources of income,including the sale of a house.Other impacting variables not taken into account, such as whether the potential resident's children,or families are planning to contribute financially, could also change the statistical outlook. Of note,the income qualification for the Alzheimer's demand schedule is based on the specific age cohorts of 65-74;75-84;and 85 plus.Income qualification has been set at$50,000. Summary For purposes of this analysis,we have only included the statistics for the age cohorts of 75+ for the demand analysis. Overall,there appears to be demand for Alzheimer's services within the market area.Therefore,the center should be capable of leasing-up to stable operations for the Alzheimer's wing. Naples Market Study Continental Health Care Properties PROVINCE Va&ohm core C:/2108/cr EXhibit VD Page 92 of 106 Section V-Page 87 0 ALZHEIMER'S DEMAND NET DEMAND 1 65-74 75-84 85+ TOTAL 65+ 65-74 75-84 85+ TOTAL 65+ PRIMARY MARKET POPULATION A 14,264 9,761 3,040 27,065 17,052 10,375 3,637 31,064 PREVELANCE RATE B 3.9% 16.5% 47.6% • 3.9% 16.5% 47.6% • UTILIZATION RATE C 5.0% 10.0% 35.0% • 5.0% 10.0% 35.0% • TOTAL DEMAND D 28 161 506 695 33 171 606 810 PRIMARY MARKET DRAW E 70% 70% 70% • 70% 70% 70% • ADJUSTED DEMAND F 40 230 724 , 954 48 245 866 1,110 EXISTING SUPPLY G • • • 74 • • • 74 PLANNED UNITS H • • • 0 • • • 0 TOTAL PROJECI'N7)SUPPLY I • • • 74 • • • 74 ADJUSTMENT FOR OCCUPANCY AT 90.0 PERCENT J 0.90 67 67 ADJUSTMENT FOR ROLLOVER AT 40.0 PERCENT K 0.40 95 95 NET ADJUSTED SUPPLY L 95 95 FORECASTED DEMAND M 8 198 692 890 16 213 834 1,047 INCOME QUALIFICATION N 58% 51% 47% • 68% 61% 58% • 1.NET DEMAND 0 5 _ 101 328 429 _ 11 130 483 613 i Note: the following demand calculations are based on the total of the 65+ age cohorts for Alzheimer's services. D=A times B times C F=D/E G=Existing Supply H=Planned Units(no planned units for the market area) I=G plus H J=I times percent occupied(90.0 percent) L=J M=Sum of 75 to 85+Note:the net adjusted supply is divided by 3 to account for total beds within each respective age cohort(i.e.,forecasted demand for the 85+cohort=Row F-Row L/3). N=Percent of population base with$50,000 plus income for the respective age groups 0=Sum of age groups(forecasted demand-M-times Income Qualification-N-for each age group) Naples Market Study Continental Health Care Properties 40 PROVINCE C:/2108/cr Valuation C.wrp EXhibit VD Page 93 of 106 Section V-Page 88 Penetration Rate Analysis Penetration rates help measure the degree to which supply and demand indicates either a saturated market or underserved market. Essentially, the penetration rate analysis determines what percentage of the market must be captured in order to obtain stabilized occupancy. However, penetration rates should not be utilized on the basis of absolute value due to the nature of market variations.That is,other factors may be in place within the market area above and beyond the pure demographic analysis(i.e.,social and ethnic trends). In general, as penetration rates increase, average rents tend to be lower than the market at large (i.e.,a more competitive market area). Other factors may include the degree to which the facility is offering a slightly different product than the market at large (i.e.nitch market position). All else being equal,in a perfect world,a lower penetration rate is an indicator of market depth. However, if the market is unfamiliar with the product type, the lease-up period may be longer than otherwise noted in the respective market. Conversely, a high penetration rate may be the result of an active wait list with pent-up demand in the market (often noted in markets where seniors are educated regarding senior housing and healthcare services). Overall, penetration rates provide one method of assessing market demand and should be considered in conjunction with other factors, including but not limited to, occupancy levels, planned development, current design parameters, alternative services in the market and key management personnel. The following information summarizes the penetration analysis for the subject's market area which indicates a continued need for services. Penetration Analysis Total Supply(a) 74 Market Occupancy(b) 0.90 Adjusted Supply (a * b) 67 Estimated Demand 429 Calculated Penetration Rate 16% Naples Market Study Continental Health Care Properties 47,PROVINCE Yaluatime Gro+p C:/2108/cr EXhibit VD Page 94 of 106 Section V-Page 89 The following analysis summarizes the subject's market penetration in comparison to data provided by NIC mapping for the top 100 MSAs and the metro Atlanta region. Median Lower Quartile Upper Quartile Subject's Market Average Occupancy 89.92% 85.50% 93.12% 90.00% Median Housing Value $173,333 $131,920 $231,233 $154,386 Adult Children Prevalence 0.88 0.65 0.12 0.27 Penetration Rates $50,000 and up 27.30% 19.60% 38.20% 15.52% Subject's Market Position Occupancy Well Within the Range of the Top MSA Penetration Rate At the Low End of the Range of the Top MSA The following table summarizes the general market assumptions relating to the Penetration Rate analysis. General Market Assumptions Above Secondary Data Above Secondary Data Competitive Market Below Secondary Data Above Secondary Data Overbuilt Market Below Secondary Data Below Secondary Data Market in Transition Older Product Above Secondary Data Below Secondary Data Under Supplied Market In general, a market area with a penetration rate lower than the median and an occupancy rate higher than the median indicates a market that is undersupplied(i.e.,unmet demand).Analysis of the subject's market indicates an under supplied market for the care and services for Alzheimer's residents. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr EXhibit VD Page 95 of 106 Section V-Page 90 NET DEMAND-FINDINGS AND CONCLUSIONS SUMMARY OF FINDINGS-NET DEMAND The forecasted demand is the final demand for the market area taking into account all of the previously described factors. Overall, there appears to be demand for assisted living and Alzheimer's services. Payor Mix The Project's operations will provide services to private pay residents. Recommendations Based upon the information contained in this analysis,it is our opinion that there appears to be demand for assisted living/Alzheimer's services for the community of South Naples. This recommendation is based on the following factors: • Demand in the area continues to be positive; • Population growth over the next five years indicates there will continue to be a need for services; • The South Naples market has limited competitive communities; • The North Naples market area is nearly built-out. Therefore,South Naples offers the only remaining area with available land for larger developments; -may • The site is well positioned at the intersection of a recently widened artery (Santa Barbara Boulevard and Golden Gate Parkway); • While some of the retirement communities in the surrounding area have realized concessions and a decline in occupancy,several have increased rates over the last year; • The Project will have a state-of-the-art physical plant that will be superior in design to the majority of the surrounding development within the primary market area; • The Project has an excellent location with a high traffic count that will provide the development with enhanced access and exposure;and • The Project is anticipated to have a solid network system in place and experienced management. Naples Market Study Continental Health Care Properties 4f PROVINCE vuo„croup C:/2108/cr EXhibit VD Page 96 of 106 Section V-Page 91 ADDENDA Naples Market Study Continental Health Care Properties PROVINCE V i.uimi C.'mr p C:/2108/cr EXhibit VD Page 97 of 106 Section V-Page 92 QUALIFICATIONS Carol Reynolds,MAI,CCIM Principal Province Valuation Group,Inc. 5800 Mountain Creek Road Atlanta,Georgia 30328 404 159-0066 EXPERIENCE: Twenty years of experience in the real estate and/or healthcare field. Specific experience includes the analysis of all types of healthcare and senior housing including retirement homes, assisted living facilities,nursing homes,acute-care hospitals,psychiatric hospitals and rehabilitation hospitals. Analyses include disposition analysis,economic feasibility studies,market and marketability studies and valuation studies (real estate and business). Experience has also been gained in tax appeal court and bankruptcy court. EDUCATION: Bachelor of Science in Real Estate,Georgia State University,Atlanta,Georgia Member of the Appraisal Institute(MAI) Member of the Commercial Investment Real Estate Institute(CCIM) ASA-American Society of Appraisers BV 201 -Business Valuation BV 202 -Business Valuation BV 203 -Business Valuation Harvard Business School-Executive Education Program -Business to Business Marketing PROFESSIONAL AFFILIATIONS: Certified Real Estate Appraiser No.0634(Georgia) Member of the Appraisal Institute(MAD Member of the Commercial Investment Real Estate Institute(CCIM) Past Board of Directors-Assisted Living Association of Georgia Board of Directors-Southeast Finance Seminar Board of Directors-National Association for Senior Living Industries (NASLIE) Member-Georgia Nursing Home Association Member-Assisted Living Federation of America(ALFA) Member-Healthcare Financial Management Association(HFMA)-Geor is Chapter Member-Georgia Chapter-Assisted Living Federation of America(GA ALFA) Member-American Seniors Housing Association Member-American Health Lawyers Association Member-National Association for Senior Living Industry Executives (NASLIE) CLIENTS: Pension Funds, Banks and Savings Institutions, Mortgage Bankers, Insurance Companies, Real Estate Investors and Developers, Governmental Agencies, Attorneys, Architects, Certified Public Accountants and Public Companies. Naples Market Study Continental Health Care Properties PROVINCE C:/2108/cr EXhibit VD Page 98 of 106 - s: Demographic and Income Profile Report r 34104 Prepared by Carol Reynolds 34104 (Naples, FL) Geography: ZIP Code Summary 2000 2010 2015 Population 18,862 22,967 23,624 Households 8,382 9,868 10,142 Families 5,661 6,461 6,536 Average Household Size 2.25 2.33 2.33 Owner Occupied Housing Units 5,961 6,707 6,850 Renter Occupied Housing Units 2,421 3,161 3,292 Median Age 44.6 47.8 49.1 Trends: 2010-2015 Annual Rate Area State National Population 0.57% 0.84% 0.76% Households 0.55% 0.83% 0.78% Families 0.23% 0.64% 0.64% Owner HHs 0.42% 0.89% 0.82% Median Household Income 1.94% 2.34% 2.36% 2000 2010 2015 Households by Income Number Percent Number Percent Number Percent <$15,000 677 8.0% 640 6.5% 561 5.5% $15,000- $24,999 976 11.6% 691 7.0% 572 5.6% $25,000 - $34,999 1,285 15.3% 1,165 11.8% 962 9.5% $35,000 - $49,999 1,888 22.4% 1,754 17.8% 1,417 14.0% $50,000- $74,999 1,948 23.1% 2,506 25.4% 2,856 28.2% $75,000- $99,999 847 10.1% 1,657 16.8% 1,784 17.6% $100,000- $149,999 601 7.1% 1,071 10.9% 1,500 14.8% $150,000-$199,999 65 0.8% 195 2.0% 255 2.5% $200,000+ 136 1.6% 189 1.9% 235 2.3% Median Household Income $45,018 $57,130 $62,877 Average Household Income $54,232 $66,686 $73,456 Per Capita Income $24,289 $28,656 $31,540 2000 2010 2015 Population by Age Number Percent Number Percent Number Percent 0-4 1,036 5.5% 1,242 5.4% 1,277 5.4% 5-9 991 5.3% 1,140 5.0% 1,166 4.9% 10- 14 839 4.4% 1,116 4.9% 1,145 4.8% 15- 19 781 4.1% 1,033 4.5% 1,029 4.4% 20- 24 918 4.9% 1,007 4.4% 1,163 4.9% 25- 34 2,485 13.2% 2,463 10.7% 2,449 10.4% 35-44 2,488 13.2% 2,678 11.7% 2,472 10.5% 45-54 2,098 11.1% 2,865 12.5% 2,856 12.1% 55- 64 2,480 13.1% 3,109 13.5% 3,265 13.8% 65- 74 3,103 16.4% 3,245 14.1% 3,576 15.1% 75-84 1,461 7.7% 2,425 10.6% 2,418 10.2% 85+ 184 1.0% 644 2.8% 808 3.4% 2000 2010 2015 Race and Ethnicity Number Percent Number Percent Number Percent White Alone 16,939 89.8% 19,299 84.0% 19,412 82.2% Black Alone 682 3.6% 1,264 5.5% 1,402 5.9% American Indian Alone 62 0.3% 92 0.4% 98 0.4% Asian Alone 236 1.3% 464 2.0% 545 2.3% Pacific Islander Alone 4 0.0% 11 0.0% 13 0.1% Some Other Race Alone 587 3.1% 1,232 5.4% 1,476 6.2% Two or More Races 353 1.9% 605 2.6% 678 2.9% Hispanic Origin (Any Race) 2,721 14.4% 5,492 23.9% 6,605 28.0% Data Note:Income is expressed in current dollars Source:U.S.Bureau of the Census,2000 Census of Population and Housing.Esri forecasts for 2010 and 2015. August 23, 2012 ©2012 Esri Page 1 of 2 EXhibit VD Page 99 of 106 Demographic and Income Profile Re y. �4 - Report P S13B+eN N ' 34104 Prepared by Carol Reynolds 34104 (Naples, FL) Geography: ZIP Code Trends 2010-2015 2.2- c 2- ' u 1.8- _ a 1.6- c 1.4- 1.2- 1 • 1 c 0.6- - 1 ty: t ca 1- , iY 0.8- +" •Area c 0.4- - , •State N USA Q 0.2- y 0 Population Households Families Owner HHs Median HH Income Population by Age 15- 14- I 13- 12- a 11- 10- oC ec al 87 V x 4 , W L 7- ° 6- ;. �<: 1:-._5 L ,. ..„ _" •2010 ' 2015 ii 2 A 1 0 0-4 5-9 10-14 15-19 20-24 I _ 25-34 35-44 45-54 55-64 65-74 75-84 85+ 2010 Household Income 2010 Population by Race $75K-$99K 16.8% 80 75 70 ° $100K-$149K 65 10.9% $50K-$74K .gam:w ,. j 60 25.4% $150K-$199K 55 t '3 2.0% $0 $200K+ C N 45 `4 X40 3' ) 35 <$15K 30 6.5% 25 20 $15K-$24K 15 7.0% 10 $35K-$49K 5 17.8% $25K-$34K 11.8% 0 White Black Am Ind. Asian Pacific Other Two+ Source:U.S.Bureau of the Census,2000 Census of Population and Housing.Esri forecasts for 2010 and 2015. August 23, 2012 ©2012 Esri Page 2 of 2 EXhibit VD Page 100 of 106 .,.:-..--- k •4 '• Demographic and Income Profile Report .ity.--_--, . ,..... ;,. 34112 Prepared by Carol Reynolds 34112 (Naples, FL) Geography: ZIP Code Summary 2000 2010 2015 Population 26,604 33,007 34,107 Households 12,051 14,850 15,373 Families 7,524 9,035 9,219 Average Household Size 2.15 2.17 2.17 Owner Occupied Housing Units 8,947 11,177 11,683 Renter Occupied Housing Units 3,103 3,673 3,690 Median Age 51.1 57.4 59.9 Trends: 2010-2015 Annual Rate Area State National Population 0.66% 0.84% 0.76% Households 0.70% 0.83% 0.78% Families 0.40% 0.64% 0.64% Owner HHs 0.89% 0.89% 0.82% Median Household Income 2.98% 2.34% 2.36% 2000 2010 2015 Households by Income Number Percent Number Percent Number Percent <$15,000 1,357 11.3% 1,326 8.9% 1,145 7.4% $15,000- $24,999 1,867 15.5% 1,457 9.8% 1,211 7.9% $25,000 - $34,999 2,277 18.9% 2,167 14.6% 1,795 11.7% $35,000 - $49,999 2,296 19.1% 2,941 19.8% 2,457 16.0% $50,000 -$74,999 2,055 17.1% 2,975 20.0% 3,627 23.6% $75,000- $99,999 1,054 8.8% 1,807 12.2% 2,028 13.2% $100,000- $149,999 639 5.3% 1,362 9.2% 2,020 13.1% $150,000- $199,999 200 1.7% 338 2.3% 475 3.1% $200,000+ 288 2.4% 477 3.2% 615 4.0% Median Household Income $37,838 $47,356 $54,850 Average Household Income $52,023 $63,746 $72,650 Per Capita Income $24,178 $29,038 $33,140 2000 2010 2015 Population by Age Number Percent Number Percent Number Percent 0 -4 1,171 4.4% 1,241 3.8% 1,192 3.5% 5-9 1,040 3.9% 1,200 3.6% 1,171 3.4% 10- 14 913 3.4% 1,203 3.6% 1,188 3.5% 15- 19 1,059 4.0% 1,142 3.5% 1,179 3.5% 20- 24 1,316 4.9% 1,049 3.2% 1,141 3.3% 25- 34 2,963 11.1% 2,602 7.9% 2,263 6.6% 35 -44 3,145 11.8% 3,191 9.7% 2,915 8.5% 45- 54 2,793 10.5% 3,770 11.4% 3,668 10.8% 55 - 64 3,601 13.5% 5,184 15.7% 5,446 16.0% 65 - 74 4,732 17.8% 6,132 18.6% 7,180 21.1% 75 -84 3,220 12.1% 4,638 14.1% 4,856 14.2% 85+ 650 2.4% 1,655 5.0% 1,908 5.6% 2000 2010 2015 Race and Ethnicity Number Percent Number Percent Number Percent White Alone 23,319 87.7% 27,884 84.5% 28,523 83.6% Black Alone 1,473 5.5% 2,039 6.2% 2,101 6.2% American Indian Alone 64 0.2% 82 0.2% 82 0.2% Asian Alone 130 0.5% 265 0.8% 319 0.9% Pacific Islander Alone 27 0.1% 50 0.2% 54 0.2% Some Other Race Alone 874 3.3% 1,643 5.0% 1,915 5.6% Two or More Races 716 2.7% 1,044 3.2% 1,113 3.3% Hispanic Origin (Any Race) 4,410 16.6% 7,362 22.3% 8,391 24.6% Data Note:Income is expressed in current dollars Source:U.S.Bureau of the Census,2000 Census of Population and Housing.Esri forecasts for 2010 and 2015. August 23, 2012 ©2012 Esri Page 1 of 2 EXhibit VD Page 101 of 106 i Demographic and Income Profile Report .. D - 34112 Prepared by Carol Reynolds 34112 (Naples, FL) Geography: ZIP Code Trends 2010-2015 2.8- 2.6- , a, 2.4- e 2.2- cu n 2- c 1.8- :::, 1.6- a, 1.4- "3 1 .2- 1- Ti 0.8 '- I •Area c 0.6- k . i •State e Q 0.4- U SA 0.2- 0 Population Households Families Owner HHs Median HH Income Population by Age 20- 18 16- 14- :- cu 12- s- 10 II. sl a 8- - •2010 4 '? 2015 0 0-4 5-9 10-14 15-19 20-24 25-34 35-44 45-54 55-64 65-74 75-84 85+ 2010 Household Income 2010 Population by Race $7 K.2$99K 80 $50K-$74K = { 75 20.0% .4,..-,....-c.,-,,,1,' $100K-$149K 70 4 9.2% 65 '�""7t $1S0K-$199K 60 � -' 2.3% 55 r r $200K+ c 50 '' .,,5 _ 3.2% 0.) 45 ° I- 40 cu a. 35 <$15K 30 $35K-$49K 8.9% 25 19.8% 20 15 $15K-$24K 10 9.8% 5 $25K-$34K 0 White Black Am. Ind. Asian Pacific Other Two+ 14.6% Source:U.S.Bureau of the Census,2000 Census of Population and Housing.Esri forecasts for 2010 and 2015. Amok August 23, 2012 ©2012 Esri Page 2 of 2 EXhibit VD Page 102 of 106 .'i Demographic and Income Profile Report jz sU,.. .. L4rL9 34116 Prepared by Carol Reynolds 34116 (Naples, FL) Geography: ZIP Code Summary 2000 2010 2015 Population 25,170 29,709 30,181 Households 8,137 9,356 9,536 Families 6,171 6,881 6,916 Average Household Size 3.09 3.17 3.16 Owner Occupied Housing Units 4,972 5,657 5,699 Renter Occupied Housing Units 3,165 3,699 3,837 Median Age 30.9 32.3 32.9 Trends: 2010-2015 Annual Rate Area State National Population 0.32% 0.84% 0.76% Households 0.38% 0.83% 0.78% Families 0.10% 0.64% 0.64% Owner HHs 0.15% 0.89% 0.82% Median Household Income 1.59% 2.34% 2.36% 2000 2010 2015 Households by Income Number Percent Number Percent Number Percent <$15,000 719 8.9% 595 6.4% 493 5.2% $15,000-$24,999 1,067 13.2% 725 7.7% 581 6.1% $25,000- $34,999 1,293 16.0% 1,048 11.2% 835 8.8% $35,000- $49,999 1,656 20.5% 1,533 16.4% 1,264 13.3% $50,000- $74,999 1,838 22.7% 2,635 28.2% 2,947 30.9% $75,000- $99,999 839 10.4% 1,470 15.7% 1,567 16.4% $100,000-$149,999 467 5.8% 997 10.7% 1,405 14.7% $150,000- $199,999 97 1.2% 182 1.9% 237 2.5% $200,000+ 113 1.4% 171 1.8% 207 2.2% Median Household Income $43,936 $57,854 $62,610 Average Household Income $55,091 $67,607 $74,798 Per Capita Income $17,756 $21,319 $23,664 2000 2010 2015 Population by Age Number Percent Number Percent Number Percent 0-4 2,048 8.1% 2,417 8.1% 2,435 8.1% 5-9 2,109 8.4% 2,325 7.8% 2,356 7.8% 10- 14 1,970 7.8% 2,141 7.2% 2,251 7.5% 15- 19 1,961 7.8% 2,169 7.3% 2,034 6.7% 20- 24 1,946 7.7% 2,193 7.4% 2,253 7.5% 25- 34 4,450 17.7% 4,866 16.4% 4,758 15.8% 35-44 4,389 17.4% 4,319 14.5% 4,177 13.8% 45- 54 2,802 11.1% 4,198 14.1% 3,945 13.1% 55- 64 1,660 6.6% 2,666 9.00/0 3,203 10.6% 65 - 74 1,096 4.4% 1,421 4.8% 1,721 5.7% 75 -84 611 2.4% 742 2.5% 769 2.5% 85+ 128 0.5% 252 0.8% 279 0.9% 2000 2010 2015 Race and Ethnicity Number Percent Number Percent Number Percent White Alone 20,063 79.7% 21,895 73.7% 21,839 72.4% Black Alone 2,239 8.9% 3,021 10.2% 3,039 10.1% American Indian Alone 88 0.4% 120 0.4% 119 0.4% Asian Alone 207 0.8% 351 1.2% 393 1.3% Pacific Islander Alone 27 0.1% 41 0.1% 42 0.1% Some Other Race Alone 1,587 6.3% 2,913 9.8% 3,316 11.0% Two or More Races 959 3.8% 1,368 4.6% 1,433 4.7% Hispanic Origin (Any Race) 8,164 32.4% 13,220 44.5% 14,704 48.7% Data Note:Income is expressed in current dollars Source:U.S.Bureau of the Census,2000 Census of Population and Housing.Esri forecasts for 2010 and 2015. August 23, 2012 ©2012 Esri Page 1 of 2 EXhibit VD Page 103 of 106 ,-6`4'sTs`"::.- Demographic and Income Profile Report SlOBvrtLINE' 34116 Prepared by Carol Reynolds 34116(Naples, FL) Geography: ZIP Code Trends 2010-2015 2.2- c 2- ci 1.8- a. 1.6- c 1.4- 1.2- m 1- 0.8- = 0.6- ■Area c -- a = a" ■State c 0.4- 0.2 .,, i USA 0 Population Households Families Owner HHs Median HH Income Population by Age 16- 14- a: ,$ 12- Y c 10- 6 'A 7 Y; - iv A4 t •2010 ,.. : i 5 2015 2 I 4 I 1 La te ii ET1 0-4 5-9 10-14 15-19 20-24 25-34 35-44 45-54 55-64 65-74 75-84 85+ 2010 Household Income 2010 Population by Race $75K-$99K 15.7% 70 ` ��' $100K-$149K 60 10.7% 55 $50K-$74K -tqr' 50 28 2% $150K-$1.99K ian 1.9% 45 $200K+ C 40 'S 3 _ 1.8% CJ Iz `a- 35 s - a 30 <SISK 25 6.4% 20 15 $15K-$24K 7.7% 10 $35K-$49K 5 16.4% $25K-$34K -_ ---- " 11.2% II White Black Am. Ind. Asian Pacific Other Two+ Source:U.S.Bureau of the Census,2000 Census of Population and Housing.Esri forecasts for 2010 and 2015. August 23, 2012 ©2012 Esri Page 2 of 2 EXhibit VD Page 104 of 106 '. � Demographic and Income Profile Report 4. g,L9 34119 Prepared by Carol Reynolds 34119 (Naples, FL) (.4 Geography: ZIP Code Summary 2000 2010 2015 Population 9,674 18,562 21,017 Households 3,932 7,346 8,349 Families 3,150 5,777 6,498 Average Household Size 2.45 2.52 2.51 Owner Occupied Housing Units 3,689 6,376 7,221 Renter Occupied Housing Units 243 970 1,128 Median Age 48.7 56.1 58.6 Trends: 2010-2015 Annual Rate Area State National Population 2.52% 0.84% 0.76% Households 2.59% 0.83% 0.78% Families 2.38% 0.64% 0.64% Owner HHS 2.52% 0.89% 0.82% Median Household Income 2.06% 2.34% 2.36% 2000 2010 2015 Households by Income Number Percent Number Percent Number Percent <$15,000 216 5.5% 283 3.9% 233 2.8% $15,000- $24,999 175 4.5% 178 2.4% 143 1.7% $25,000 - $34,999 212 5.4% 268 3.6% 212 2.5% $35,000- $49,999 543 13.8% 513 7.0% 399 4.8% $50,000- $74,999 880 22.4% 1,498 20.4% 1,696 20.3% $75,000-$99,999 639 16.3% 1,269 17.3% 1,373 16.4% $100,000-$149,999 596 15.2% 1,904 25.9% 2,514 30.1% $150,000- $199,999 316 8.1% 594 8.1% 766 9.2% $200,000+ 348 8.9% 839 11.4% 1,013 12.1% Median Household Income $72,631 $91,793 $101,643 Average Household Income $99,887 $119,009 $127,658 Per Capita Income $41,337 $47,142 $50,756 2000 2010 2015 Population by Age Number Percent Number Percent Number Percent 0-4 449 4.6% 654 3.5% 666 3.2% 5 -9 544 5.6% 724 3.9% 756 3.6% 10- 14 590 6.1% 822 4.4% 864 4.1% 15- 19 455 4.7% 830 4.5% 816 3.9% 20- 24 189 2.0% 525 2.8% 611 2.9% 25- 34 643 6.6% 1,001 5.4% 1,238 5.9% 35-44 1,411 14.6% 1,537 8.3% 1,438 6.8% 45- 54 1,479 15.3% 2,789 15.0% 2,663 12.7% 55-64 1,627 16.8% 3,769 20.3% 4,416 21.0% 65 - 74 1,584 16.4% 3,466 18.7% 4,575 21.8% 75-84 626 6.5% 1,956 10.5% 2,332 11.1% i 85+ 75 0.8% 489 2.6% 642 3.1% 2000 2010 2015 Race and Ethnicity Number Percent Number Percent Number Percent White Alone 9,394 97.1% 17,623 94.9% 19,750 94.0% Black Alone 57 0.6% 144 0.8% 180 0.9% American Indian Alone 5 0.1% 11 0.1% 11 0.1% Asian Alone 56 0.6% 241 1.3% 333 1.6% Pacific Islander Alone 3 0.0% 8 0.0% 10 0.0% Some Other Race Alone 69 0.7% 284 1.5% 413 2.0% Two or More Races 90 0.9% 251 1.4% 320 1.5% Hispanic Origin (Any Race) 442 4.6% 1,612 8.7% 2,280 10.8% Data Note:Income is expressed in current dollars Source:U.S.Bureau of the Census,2000 Census of Population and Housing.Esri forecasts for 2010 and 2015. , twoJune 15, 2012 ©2012 Esri Page 1 of 2 EXhibit VD Page 105 of 106 t Demographic and Income Profile Report J x'-W STDBbNLi . 34119 Prepared by Carol Reynolds 34119 (Naples, FL) Geography: ZIP Code Trends 2010-2015 2.4- C 2.2- o 2- L w 1.8- c 1.6- 1.4- }; 1.2- iD 1- 0.8- l41 1-4 €. 0.6- ■Area 0.4- I State il USA Q x x 0.2 F 0 Population Households Families Owner HHs Median HH Income Population by Age 20- 18- 16 +, 14- c• 12- U co 10- a _ 8 6 •2010 4 2015 0 0-4 5-9 10-14 15-19 20-24 25-34 35-44 45-54 55-64 65-74 75-84 85+ 2010 Household Income 2010 Population by Race $100K-$149K 90 25.9% $150K-$199K 8.1% 80 70 $200K+ 11.4% 60 C u 50 - <$15K d 40 3.9% $75K-$99K ^ $15K-$24K 30 17.3% - - 2.4% $25K-$34K 20 3.6% � " hs ..' $35K-$49K 10 7.0% $5OK-$74K 0 White Black Am Ind. Asian Pacific Other Two+ 20.4% Source:U.S.Bureau of the Census,2000 Census of Population and Housing.Esri forecasts for 2010 and 2015. AlliraN June 15, 2012 ©2012 Esri Page 2 of 2 EXhibit VD Page 106 of 106 COPY UBLIC Revision 2 EXHIBIT V.E. PUBLIC FACILITIES LEVEL OF SERVICE ANALYSIS Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: The subject Growth Management Plan Amendment proposes to permit a maximum Floor Area Ratio (FAR) of 0.45 for development of senior housing uses including independent living, assisted living, skilled nursing, CCRC, or similar facilities on the 9.6± acre property that comprises this portion of the Golden Gate Estates Commercial and Institutional Infill Subdistrict land use category. Up to 5,000 square feet of ancillary medical office use for in-patient and out-patient care will also be permitted. It is expected that this project will commence development by 2013 with anticipated buildout in 2016. Potable Water: The subject project is located within the urban boundary with standards for Potable Water established in the Capital Improvement Element of the Collier County Growth Management Plan. Service to this area is provided by Florida Governmental Utility Authority. This Project will have no impact on the Collier County Regional Water System. Water Demand: Proposed: ALF: 120 beds x 115 gpd/bed= 13,800 gpd 5,000 sq. ft.medical office: 3 practitioners x 250 gpd= 750 gpd 9 staff xl5 gpd= 135gpd Total Water Demand 14,685 gpd Existing: Residential: 1 unit x 250 gpd/unit= 250 gpd Medical Office 35,000 sq.ft. 20 Practitioners x 250 gpd= 5,000 gpd 30 Staff x 15 gpd= 450 gpd Total Water Demand 5,700 gpd Net Impact=(New Subdistrict—Existing Residential)_(14,685—5,700)gpd=8,985 gpd Data Source: Tables in Chapter 64E-6 F.A.C. Exhibit V.E. Page 1 of 4 Sanitary Sewer: The subject project is located within the urban boundary with standards for Sanitary Sewer established in the Capital Improvement Element of the Collier County Growth Management Plan. Service to this area is provided by Florida Governmental Utility Authority. This Project will have no impact on the Collier County Regional Sewer System. Sewer Demand: Proposed: ALF: 120 beds x 115 gpd/bed= 13,800 gpd Medical office: 5,000 sq. ft. 3 practitioners x 250 gpd= 750 gpd 9 staff x 15 gpd= 135 gpd Total Water Demand 14,685 gpd Existing: Residential : 1 unit x 250 gpd/unit= 250 gpd Medical Office 35,000 sq. ft. 20 Practitioners x 250 gpd= 5,000 gpd 30 Staff 15 gpd= 450 gpd Total Water Demand 5,700 gpd Net Impact= (New Subdistrict—Existing Residential)=(14,685—5,700) gpd=8,985 gpd Arterial and Collector Roads: Please refer to the Traffic Impact Statement for discussions of the project's impact on level of service for arterial and collector roadways within the project's radius of development influence. Drainage: The proposed development will be designed to comply with the 25 year, 3-day storm standards and other applicable standards of the LDC and other jurisdictional agencies including the SFWMD. Exhibit V.E. Page 2 of 4 Solid Waste: The established Level of Service(LOS) for the solid waste facilities is two years of landfill disposal capacity at present fill rates and ten years of landfill raw land capacity at present fill rates. No adverse impacts to the existing solid waste facilities from the proposed project of 120 bed facility, and ancillary medical office use.. Solid Waste Generation: Proposed: ALF: 120 beds x 0.2 tons/bed/yr=24 tons/yr x 1 cy/200 lbs=240 cy/yr Medical Office: 5,000 sq.ft.x 2.3/tons/1000 sq. ft.= 11.5 tons/yr x 1 x cy/200= 115 cy/yr. Total Proposed=355 cy/yr Existing: Residential: 1 unit x 25 cy/unit/yr=25 cy/yr Medical Office: 35,000 sq. ft. x 2.3/tons/1000 sq. ft. =80.5 tons/yr x 1 x cy/200=805 cy/yr. Net Impact=(New Subdistrict—Existing Residential)_(355- 805)cy/yr=(450) cy/yr The currently adopted minimum Level of Service(LOS) Standards and 2010 Annual Update and Inventory Report(AUIR)for Solid Waste are as follows: Solid Waste LOS Standard Two years of constructed lined cell capacity at average disposal rate/previous 5 years Available Inventory as of FY2010 1,897,913 Site Tons Required Inventory as of FY2015 507,101 Site Tons Planned CIE FY 11-16 0 Site Ton 5-Year Surplus or(Deficit) 2,162,492 Site Tons Data source: "Solid Wastes: Engineering Principles and Management Issues", Tchobangolous/Theisen and "Environmental Engineering and Sanitation", Salvato. No adverse impacts to the existing solid waste facilities are anticipated from this project. Parks: Community and Regional The proposed development will not significantly increase the population density and therefore will have no effect on the community and regional parks beyond those mitigated by the payment of associated impact fees. The ancillary medical office has no community or regional park impact. The site, as presently allowed by the Future Land Use Element, Density Rating System and the Land Development Code, may be developed with up to 1 dwelling unit and a maximum of 35,000 Exhibit V.E. Page 3 of 4 sq ft of office uses. Using the average County household occupancy rate of 2.4 people per unit,this could represent 5 residents. Conversion to the proposed institutional subdistrict represents a slight reduction in the County population(the ALF population, though residents, will not normally utilize a County park facility,as recognized by County impact fee schedule). The 2010 Annual Update and Inventory Report establishes two Level of Service Standards (LOSS) for Parks and Recreation. The Board of County Commissioners requires 1.2 acres of community park land per 1,000 residents and 2.7 acres of regional park land per 1,000 residents. If the subdistrict is approved, the County will be required to provide slightly less community park space and slightly less regional park land. No adverse impacts to the existing parks are anticipated from this 9.6±acre mixed use project. Schools There will be no units that will be occupied by school aged children. Therefore, there is no affect on school capacity due to the proposed plan amendments. Fire Control and EMS The proposed project lies within the East Naples Fire District. There are two existing fire stations within 3.5 miles of the project site. In addition, Golden Gate Fire District has a station that is less than 1 mile from the project site. No significant impacts to Fire Control level of service are anticipated due to the proposed project. Estimated impact fees for fire and EMS are $25,260 based on a 120-bed facility with ancillary 5,000 square feet medical office (values based on 2011 Collier County Impact Fee calculator). ALF: EMS $6,585 Fire $16,250 5,000 sq ft medical office: EMS $475 Fire $1,950 Exhibit V.E. Page 4 of 4 „c¢nv.o.00,or.ra wpm”.s....dc,.+ecnx..n.-na.A° ` aC Et ail. !J,`' i§"E @ g • • • • I o • • 1 I 1 • I 1 0 'I 1 I I ! '� \,• j I I I '171 W / c, 1 I 1 i ' � Fifth Rs�-I !-f! • I Y ,-. 1; 1 :r; \i %ice` ' ' Cy mQ [AI L= Jul\ _.igy�5pj 1 i� ' --I i ' I 1 of /',\ U =W I i , I I 1 LS i o ! j ® i 1 z `� y ca ix 1 -7 I I I : ; ! f ��\';" �-1 , ° 1 r s e Iv, I u 1¢ j j I I r i±, es� j • I j1j,` `Y 9 �. , r. I — • • I <1 I 1 I /7/ --'!--1-7-4. • '' • • • • n I _ i „--/ ©.o ti I 7°3 `l Ao I 11.,L.: OF I i 1 1 Ii 1 e s ; 1 i 3-. — 1 ° ® I 1 �; 0 1 os 1 iT'; 1 a la J e 1 ! I : 1 . • • • I 7 i ii -•� i - 1 i ? 1 • i 1 .�;I L�� 1 r Wiz° J i I JI m q. _ z Z o w o z cc in < o 2z a z w o� w z =o OZ — _Z S I- w1- w cn =N W J z U J p 1- in o Z U f- Q U 1--O cGyy W m F- W 2 LQi 0 Q N W ZZ Z N Z Q W Z> 0 2 i -....--Z--mimic Q _ N U w w t�. o1-- cn w i 0 N w cc < w M -� w F =J c.,cc 3 a I I ,_ o z Q Q 0 Y a N 0 w -1/) ¢ x UO zLu — _ 1 W -J C- F-W 1-z ( 1 U Q Q Mir LAW >. W m WI.- m N c!1 1- -1 N cn d L_ W 0 In co •m < a_o Li o 3 I1 i — o ��gg,, y d= w3cn I i L s --`U' u- W T ❑ 0 2 1 0 + / I • COPY EXHIBITV. E . 1c TRAFFIC IMPACT STATEMENT Revision 2 omega Consulting Group GOLDEN GATE ESTATES COMMERCIAL AND INSTITUTIONAL INFILL SUBDISTRICT COMPREHESIVE PLAN AMENDMENT TRAFFIC IMPACT STATEMENT April 2011 Revised August 2011 Collier County, Florida Prepared For: Prepared By: Q. Grady Minor &Associates, PA Omega Consulting Group, LLC 3800 Via Del Rey Bonita Springs, FL 34134 Job#R1112.02 1 1338 Bonita Beach Road, S.E. * Suite 103 * Bonita Springs, Florida 34135 EXHIBIT V.E.1c - Page 1 of 22 INTRODUCTION Omega Consulting Group, LLC has been retained to complete a TIS for the Golden Gate Estates Commercial and Institutional Infill Subdistrict comprehensive plan amendment. The purpose of this study is to provide Collier County with sufficient information to assure that traffic-related impacts are anticipated and that effective mitigation measures are identified for the proposed development. The ro'ect is located on the northwest corner of Santa Barbara Boulevard and Golden Gate p J Parkway in Collier County, Florida. The project includes land currently zoned for office space along with an estates zoned parcel. The existing parcel land use plan is as follows: Medical Office (LU 720): 35,000 SF Single Family Home (LU 210): I DU The site currently accesses Golden Gate Parkway via a single right-in/right-out access. The Estates parcel would have a single right-in/right-out access when developed. The proposed project has the following land use plan for the two parcels: Adult Living Facility (LU 254): 120 Beds The Alzheimer and skilled nursing services are anticipated at the facility. It will have a single access on Golden Gate Parkway vs. the two accesses currently anticipated. Completion of the project is anticipated prior to the 2016 peak season. SITE-GENERATED TRIPS TRIP GENERATION Site-generated trips were estimated using the Institute of Transportation Engineers (ITE)Trip Generation Manual (8th Edition). Medical Office(LU 720): ADT:T=40.89*X—214.97 AM Peak Hour:T=2.30*X(Average Rate) PM Peak Hour:Ln (T)=0.88*(X) + 1.59 Single Family(LU 210): Golden Gate Estate Commercial and Institutional In fill Subdistrict CPA TIS 002 EXHIBIT V.E.1c - Page 2 of 22 ADT:Ln(T)=0.70*(X) +2.71 AM Peak Hour:T=0.70*X+9.74 PM Peak Hour:Ln (T)=0.90*Ln(X)+0.51 ALF(LU 254): ADT:T=2.66(Average Rate) AM Peak Hour:T=0.14(Average Rate) PM Peak Hour:T=0.22(Average Rate) The above equations were used with the land use data provided to generate the proposed estimated trip generations for the project. Table 1 shows the summary of the existing and proposed site-generated trip estimates. TABLE I EXISTING APPROVED TRIP GENERATION AM Peak PM Peak Land Use Size Unit Daily Total Enter Exit Total Enter Exit Medical Office(LU 720): 35,000 SF 1,216 81 64 17 112 30 82 Single Family(LU 2I0): I DU 15 10 3 8 2 I I. Existing Approved Traffic 1,231 91 67 25 114 31 83 PROPSOSED TOTAL TRIP GENERATION (Phase I) AM Peak PM Peak Land Use Size Unit Daily Total Enter Exit Total Enter Exit Assisted Living(LU 254): I20 Beds 3 1 9 1 7 I I 6 26 11 15 Proposed Total T r a f f i c 3 1 9 1 7 I I 6 26 11 15 Net New Traffic -912 -74 -56 -19 -88 -20 -68 TRIP DISTRIBUTION AND ASSIGNMENT The site-generated trip distributions were determined by review of the area and estimating where the trip generators/attractors are located in reference to the project. Since the primary draw for the facility is to/from the Naples Community Hospital to the west and the former Cleveland Clinic Hospital to the north, we have estimated that most of the trips will come from/go to those directions,hence the distribution used. The Peak Hour traffic distribution and trip assignment for both the existing and proposed Iand use plans are shown in Table 2. Golden Gate Estate Commercial and Institutional lnfill Subdistrict CPA TIS 002 EXHIBIT V.E.1c- Page 3 of 22 TABLE 2 EXISTING TRIP DISTRIBUTION/ASSIGNMENT PM Peak Hour Entering Exiting Roadway Link From To Distribution VPH Distribution VPH Livingston Rd 1-75 35% 11 35% 29 GG Pkwy 1-75 Santa Barbara 85% 26 85% 71 Santa Barbara Collier Blvd 15% 5 15% 12 Santa Barbara Green Blvd GG Pkwy 35% 11 35% 29 Blvd GG Pkwy Radio Rd 15% 5 15% 12 PROPOSED TRIP DISTRIBUTION/ASSIGNMENT PM Peak Hour Entering Exiting Roadway Link From To Distribution VPH Distribution VPH Livingston Rd 1-75 35% 4 35% 5 GG Pkwy 1-75 Santa Barbara 85% 9 85% 13 Santa Barbara Collier Blvd 15% 2 15% 2 Santa Barbara Green Blvd GG Pkwy 35% 4 35% Blvd GG Pkwy Radio Rd I5% 2 15% 2 SIGNIFICANCE TEST ANALYSES The adjacent concurrency links were evaluated to determine whether projected operation would be within County standards. Table 3 shows the results of the PM Peak Hour Significance Test for both the existing and proposed land use plans. Golden Gate Estate Commercial and Institutional In fill Subdistrict CPA TIS 002 EXHIBIT V.E.1c - Page 4 of 22 TABLE 3 EXISTING TRIP ASSIGNMENT/SIGNIFICANCE PM Peak Hour Peak Project Roadway Link From To SF,x2 Direction Trips Impact Livingston Rd 1-75 4,370 NB/WB 29 0.7% SB/EB II 0.2% GG Pkwy 1-75 Santa Barbara 3,730 NB/WB 71 1.9% SB/EB 26 0.7% Santa Barbara Collier Blvd 1,980 NB/WB 5 0.2% SB/EB 12 0.6% Green Blvd GG Pkwy 1,930 NB/WB 29 1.5% Santa Barbara SB/EB 11 0.6% Blvd GG Pkwy Radio Rd 3,100 NB/WB 5 0.2% SB/EB 12 0.4% PROPOSED TRIP ASSIGNMENT/SIGNIFICANCE PM Peak Hour Peak Project Roadway Link From To SF1 x2 Direction' Trips Impact Livingston Rd 1-75 4,370 NB/WB 5 0.1% SB/EB 4 0.1% 1-75 Santa Barbara 3,730 NB/WB 13 0.3% GG Pkwy SB/EB 9 0.3% Santa Barbara Collier Blvd 1,980 NB/WB 2 0.1% SB/EB 2 0.1% Green Blvd GG Pkwy 1,930 NB/WB 5 0.3% SB/EB 4 0.2% GG Pkwy Radio Rd 3,100 NB/WB 2 0.1% SB/EB 2 0.1% 'Bold denotes Peak Direction. 2From Concurrency Report for segment or a similar segment The significance test analyses for the adjacent roadway network indicate that there are no links that have site-generated primary trips that are significant for either the existing or proposed land use plans. Golden Gate Estate Commercial and Institutional In fill Subdistrict CPA TIS 002 EXHIBIT V.E.1 c- Page 5 of 22 BACKGROUND TRAFFIC VOLUMES Background traffic volumes were developed using the Collier County AUIR for 2005 through 2010. A minimum two percent (2%) growth rate has been assumed. Tables 4 & 5 show the results of the growth rate calculations based on the Trip Bank from the 2010 AUIR and the Historical Growth Rate. TABLE 4 BACKGROUND TRAFFIC VOLUMES Based on Historical Growth of AUIR 2005 2006 2007 2008 2009 2010 2005-2010 Rate 2016 Roadway Link From To PK HR PK HR PK HR PK HR PK HR PK HR Growth Rate Used Total Livingston Rd 1-75 1,990 1,990 1,330 2,517 2,468 2,657 2.7% 2.7% 3,118 GG Pkwy 1-75 Santa Barbara 2,070 1,680 1,600 2,084 1,929 1,937 -1.3% 2.0% 2,181 Santa Barbara Collier Blvd 1,740 1,740 1,700 1,603 1,600 1,388 -4.4% 2.0% 1,563 Santa Barbara Green Blvd GG Pkwy 1,390 1,390 1,410 1,410 1,410 1,102 -4.5% 2.0% 1,241 Blvd GG Pkwy Radio Rd 1,590 1,470 1,470 1,470 1,470 1,328 -3.5% 2.0% 1,496 TABLE 5 Based on 2010 AUIR Trip Bank Bkgd Trip Total Roadway Link From To Vol Bank Vol Livingston Rd 1-75 2,657 148 2,805 GG Pkwy 1-75 Santa Barbara 1,937 137 2,074 Santa Barbara Collier Blvd 1,388 154 1,542 Santa Barbara Green Blvd GG Pkwy 1,102 143 1,245 Blvd GG Pkwy Radio Rd 1,328 228 1,556 ANALYSES LINK LEVEL OF SERVICE ANALYSES The Maximum Service Flow (SFmax) for area roadway segments is shown in Table 6 & 7 for 2016. Golden Gate Estate Commercial and Institutional Infill Subdistrict CPA TIS 002 EXHIBIT V.E.1c- Page 6 of 22 TABLE 6 LEVEL OF SERVICE DETERMINATION Based on Historical Growth 2016 W/I LOS Std?! bkgd Project I otal bkgd W/ Roadway Link From To SF ,1,* Vol Trips Vol Only Proj. Livingston Rd 1-75 4,370 3,118 4 3,121 Y Y GG Pkwy 1-75 Santa Barbara 3,730 2,181 9 2,191 Y Y Santa Barbara Collier Blvd 1,980 1,563 2 1,565 Y Y Santa Barbara Green Blvd GG Pkwy 1,930 1,241 5 1,246 Y Y Blvd GG Pkwy Radio Rd 3,100 1,496 2 1,497 Y Y 'Bold N denotes Not within LOS Standards TABLE 7 LEVEL OF SERVICE DETERMINATION Based on 2010 AUIR Trip Bank 2010 2010 W/I LOS Std?' Bkgd Trip Project Total Bkgd W/ Roadway Link From To SFM,x Vol Bank Trips Vol Only Proj. Livingston Rd 1-75 4,370 3,118 148 4 3,269 Y Y GG Pkwy 1-75 Santa Barbara 3,730 2,181 137 9 2,328 Y Y Santa Barbara Collier Blvd 1,980 1,563 154 2 1,719 Y Y Santa Barbara Green Blvd GG Pkwy 1,930 1,241 143 5 1,389 Y Y Blvd GG Pkwy Radio Rd 3,100 1,496 228 2 1,725 Y Y 'Bold N denotes Not within LOS Standards The analysis shows that the adjacent arterials are projected to operate within LOS standards both with and without the project for the proposed land use plan. It should be noted that the proposed land use plan is less intense than what is currently approved for project site (see Table 1). ACCESS ANALYSES Collier County uses what is commonly referred to as the "Right-of-Way Manual" to determine turn lane requirements for arterial and collector roadways. This manual requires right turn lanes on all multi-lane roadways. Since the project will access Golden Gate Parkway (a six-lane arterial), a right turn lane will be required. Since Collier County uses speed limit to determine Golden Gate Estate Commercial and institutional Infill Subdistrict CPA TIS 002 EXHIBIT V.E.1c - Page 7 of 22 the length of right turn lanes, a turn lane length of 185 feet(including a 50 foot taper) would be appropriate for the 45 mph speed limit of Golden Gate Parkway in the vicinity of the project site. As noted before,this project is anticipated to have a single right-in/right-out access. The existing project has a single right-in/right-out access anticipated. In addition,the estates zoned residential lot that is being added to make the proposed project would also have a right-in/right-out access. So the combination of these lands will reduce the accesses on Golden Gate Parkway. Golden Gate Estate Commercial and Institutional In fill Subdistrict CPA TIS 002 EXHIBIT V.E.1 c- Page 8 of 22 Reed Jarvi From: PodczerwinskyJohn[JohnPodczerwinsky @colliergov.net] Sent: Tuesday,April 19, 2011 4:45 PM To: RJarvi1234 @comcast.net Cc: GreeneMichael Subject: RE: Santa Barbara/GGP Comp Plan Amend Reed, We agree with your assessment. I took a quick look at it,and I don't have any objection to the methodology you proposed. "hank you, John M.Podczerwinsky Development Review Project Manager, Growth Management Division Land Development Services Department Transportation Planning Section 239-252-8192 239-252-6793 Fax 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. From: Reed Jarvi [mailto:RJarvi1234 @ comcast.net] Sent: Monday,April 18, 2011 3:13 PM To: PodczerwinskyJohn Cc: GreeneMichael Subject: RE: Santa Barbara/GGP Comp Plan Amend John, Here is the Methodology Meeting request and Trip Generation,Trip Distribution and Significance tables for the project. We are adding approximately 2%acres to the existing project,deleting the medical office as a use and proposing a120 bed Alzheimer/skilled nursing/ALF facility on the new site. This land was rezoned in 2004, but I have been unable to obtain the previously approved TIS. Since the primary draw for the facility is to/from the Naples Community Hospital to the west and the former Cleveland Clinic Hospital to the north,we have estimated that most of the trips will come from/go to those directions, hence the distribution used. This project currently has a signal right-in/right-out access unto Golden Gate Parkway and the single family du land that is currently unbuilt would also have a right-in/right-out access onto Golden Gate Parkway(i.e.two accesses in the current condition). The proposed project will have a single right-in/right-out onto Golden Gate Parkway(i.e. a single access). As you can see from Table 3, neither the current land use plan nor the lesser intense proposed land use plan has a significant impact on the adjacent roadway network. In the TIS, I will analyze the LOS of the proposed land use plan for the 2010 AUIR plus Trip Bank along with the 2010 AUIR with 6 years of growth (minimum rate of 2%). I will also describe the trip generation as you suggest below. Please review the attached and if you agree, please send me a methodology approved email. Thanks.. Reed EXHIBIT V.E.1c - Page 9 of 22 From: PodczerwinskyJohn [mailto:JohnPodczerwinsky @colliergov.net] Fo Sent: Friday,April 15, 2011 1:22 PM To: RJarvi1234 @comcast.net Cc: GreeneMichael Subject: RE: Santa Barbara/GGP Comp Plan Amend I think that the approach to LOS analysis will be fine at the new intensity, but please include a notation that what is analyzed is "less than what is currently approved". hank you, John M.Podczerwinsky Development Review Project Manager, Growth Management Division Land Development Services Department Transportation Planning Section 239-252-8192 239-252-6793 Fax 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. From: Reed Jarvi [mailto:RJarvi1234 @comcast.net] Sent: Friday, April 15, 2011 11:28 AM To: PodczerwinskyJohn Cc: GreeneMichael Subject: RE: Santa Barbara/GGP Comp Plan Amend I will put together a methodology meeting package for you on Monday or Tuesday. I will include trip gen,trip distribution,trip assignment for both the existing maximum intensity project and the new lesser intensity project. For the TIS, I propose to do the same,but only do the LOS analysis for the proposed new lesser intensity project (because we are specifically taking out the existing maximum intensity project). Ok? Reed From: PodczerwinskyJohn [mailto:JohnPodczerwinsky @colliergov.net] Sent: Thursday, April 14, 2011 2:51 PM To: RJarvi1234 @comcast.net Cc: GreeneMichael Subject: RE: Santa Barbara/GGP Comp Plan Amend Reed, I think we should go with your second approach, but look at distribution of the(existing) maximum trip generation. Thoughts? John M.Podczerwinsky Development Review Project Manager, Growth Management Division EXHIBIT V.E.1c- Page 10 of 22 Land Development Services Department Transportation Planning Section 239-252-8192 239-252-6793 Fax 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. From: Reed Jarvi [mailto:RJarvi1234©comcast.net] Sent: Wednesday,April 13, 2011 4:52 PM To: PodczerwinskyJohn Subject: Santa Barbara/GGP Comp Plan Amend John, I'm working on a comp plan amendment for the property on the northwest corner of Santa Barbara Boulevard and Golden Gate Parkway. Currently,the zoning(#04-35) is for up to 35,000 sf of mixed office uses (no maximum on medical office). The intent of the project is to add adjacent parcels and ask for a comp plan change of the entire area from office including medical to ALF. As you can see from the attached Trip Generation,a 120 bed ALF generates significantly less traffic than 35,000 sf of medical office(worst case existing condition). I can see two ways to proceed: 1)just a trip generation to show that the new land uses are less than the proposed land uses or 2)since this is a relatively old PUD (2004),complete a new Comp. Plan Amendment level TIS for what is proposed on the land (i.e. 120 bed ALF). Since the trip generation is projected at less than 50 peak hour trips,this should be a small scale TIS. What do you think? Thanks. Reed Reed K.Jarvi, P.E. Principal Omega Consulting Group, LLC 11338 Bonita Beach Road SE.,Suite 103 Bonita Springs, FL 34135 Phone (239) 777-5741 Fax(239) 948-6689 Email: RJarvi1234 @comcast.net • EXHIBIT V.E.1c - Page 11 of 22 APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date: 4/18/11 Time: 2:45 Location:via Email People Attending: Name, Organization, and Telephone Numbers 1)Reed Jarvi,P.E., Omega Consulting Group,LLC 2) 3) 4) 5) Study Preparer: Preparer's Name and Title: Reed K. Jarvi,P.E., Organization: Omega Consulting Group,LLC Address & Telephone Number: 11338 Bonita Beach Road, S.E., Suite 103., Bonita Springs,FL 34135 Reviewer(s): Reviewer's Name &Title: John Podczerwinsky Collier County Transportation Planning Department Reviewer's Name &Title: Organization&Telephone Number: Applicant: Applicant's Name: See above Address: Telephone Number: Proposed Development: Name: Santa Barbara B1vdIGGP CPA Location: northwest corner of Santa Barbara Blvd& Golden Gate Parkway Land Use Type: Currently Golden Gate commercial ITE Code#: 710/720/210 Proposed number of development units: up to 35,000 sf/1 single family du on land to be added to current designation Other: Description: C:1Docs\Projects12011V 21112-SantaBarhara_GGRiransporfation1R1112 Methodology meeting request 4-18-11.doc EXHIBIT V.E.1c - Page 12 of 22 Zoning Existing: commercial Comprehensive plan recommendation: Requested:ALF/Alzheimer Care facility Findings of the Preliminary Study: • Study Type: Small Scale TIS ® Minor TIS J I Major TIS Study Area: Boundaries: Santa Barbara Blvd north and south of Golden Gate Parkway, Golden Gate Parkway east and west of Santa Barbara Blvd. Additional intersections to be analyzed:None Horizon Year(s):2016 Analysis Time Period(s): PM Peak Hour Future Off-Site Developments:none Source of Trip Generation Rates:ITE Reductions in Trip Generation Rates: None: X Pass-by trips:None Internal trips (PUD):None Transmit use: Other: Horizon Year Roadway Network Improvements: None Methodology &Assumptions: Non-site traffic estimates:None • Site-trip generation: ITE Trip distribution method:Manual by knowledge of area Traffic assignment method:Manual Traffic growth rate: 2%minimum MoalProjects120111R1112 SantaBarbara GGPITransportation1R1112 Methodology meeting request 418-11.doc EXHIBIT V.E.1c - Page 13 of 22 Special Features: (from preliminary study or prior experience)N/A Accidents locations: Sight distance: Queuing: Access location&configuration: Traffic control: Signal system location &progression needs: On-site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study—No Fee X__ Minor Study- $750.00 Major Study- $1500.00 Includes 2 intersections Additional Intersections - $500.00 each All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign-off on the application. SIGNATURES Reed palwe Study Preparer Reviewers Applicant Ca DocsTrojects120111R1112-SentaBerbare_GGRiransportationiR1112 Methodology meeting request 4-18-11.doc EXHIBIT V.E.1 c - Page 14 of 22 EXHIBIT A Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review-$500 Fee Methodology Review includes review of a submitted methodology statement,including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re-submitted, amended methodology statement, and one meeting in Collier County,if needed. "Small Scale Study"Review-No Additional Fee(Includes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation,distribution and maximum threshold compliance. "Minor Study Review"-$750 Fee(Includes one sufficiency review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off-site improvements within the right-of-way,review of site access and circulation, and preparation and review of"sufficiency"comments/questions. "Major Study Review"-$1,500 Fee(Includes two intersection analysis and two sufficiency reviews) Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled,review of traffic growth analysis,review of off-site roadway operations and capacity analysis,review of site access and circulation,neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review"-$500 Fee The review of additional intersections shall include the same parameters as outlined in the"Major Study Review" and shall apply to each intersection above the first two intersections included in the"Major Study Review" "Additional Sufficiency Reviews"-$500 Fee) Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. c:IDocs\ProjeGS120111R1112-SantaBarbere_GGPITransportafionlR1112 Methodology meeting request 4-18-11.doc EXHIBIT V.E.1 c- Page 15 of 22 T T U o J N D V O /Ln V 0) C U C O 0 as c a) E 0 X co X O O WI ~I Q co I : : _ Cl- M E I s l co• N V N m as N p O N NI 4, Qs m as W ^ N W� C ,. td d N d' P °1 — _ an CO • 'CI M ,O C < W Q <N-- T Q N O 0 4-1 —N. — N T O CO — O� O '- I— = H CC C >-.. o• rn rn cc, N O s ° a a I- O Q o a a_ eG NI CD _ NI ON �i Z `" W W Z C9 W m co I- N CG co Q H J W w Q 0 2T CC o 6' I— O -o cd o U Q N > 0 -' - id U v o w CD 0 .) . 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US O I-- o • . fe ‘'' o , ' OX >-... o 0) C Lu .4. 1 . , . as a CD _.Y s_ CI_ as 0. as ._ co ra L U) ..x :- . Ira I-- 2 _a : Z -x, c I . -o ' 'di : ;-- ■,, :_71 . • ; , m Ig § o cd i . . . . . . , . • a_ 0::, a . co c..-) 1-- 0 >... ,,, 0 : • . . 0 0. 0) 0 a a 0 . . . . . ,fla 13 ° 0 ,,,CI" 0 CO as; ..., 2-01:0 !E: CI X E -o cd . . ; c CO CO. 0 ®• . co co u_ el. Q.. - - c I--i LU CL • i •- ci . ...- cv 6 . I EXHIBIT V.E.1c- Page 18 of 22 ( 2005-2010 AUIR EXCERPTS EXHIBIT V.E.1c - Page 19 of 22 ' cC ° 01 co CC o 0 00 �. d N ono v) c+1 = U Cie ce4 ; N ai U ° O U ° s - C, ci ppct� rr ~ p O O1 N .--+ M G C1 5 O a1 N •--, M . i n ..� o N N ON1 in O1 Cl.) O .- N oo0 cNi v`Oi ccoo Ca ° - E-i O N N .-1 .-∎ .-. v) E-+ 0 N , --4 .--I r+ ci H ,'O e- cd c3 Q .c� ct CC ci e A A A . = P. ."S'. O Q1 N .'_' M 0 ••01'' t". O tS+ C O 01 N - cn ° ... 0 .. ..5. cfl RI H p ,--4 r-, r. 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O 4r O N N `� C C0 CI I;-.1 N + (NA ica 0 �i „; H ° n o Z L -ci -� 73 4 �. °•a 'a 0 ax, a s U a g a e a a cd -0 � N `� ci i -0 .0 �+ 0 5 IX o (D E C7 0 Rt t W` o o Q �, 0 aaaaa a s. a v -0 •0 -0 -� a a -d a0 a -" 0 OUv) C7C70rnrID Uri C� ( ' ,-,d-, D Uri EXHIBIT V.E.1 c - Page 20 of 22 4, M N M N M yy., et 0 a U 0 U 4' 4 N N q - \o �- L v N N d a\ �O N 1---., v� t n o crs C0 C.4 � O�0 O oM 9 N N 1 - '-, y N N N 0) 0 c3 N N '— ~ M 0 Ci 0 U Al O O O O O aH O CI Cr) H d U C�.)+ mCI t() Cr) \O d' Vl Cr) (6 5 00 00 \0 M .-y — e., ,--� ,--� •--� N e. .--� — N 0 .Oi ) V N 0000 , N y G E H r-+ , .--a cal a x CDC x 0 .0 Sr C� .0 0 6 ct cal Ei A 4 elH F4 at [� d' M O O cd 00 0 A A n � d ov A SN,� � x " � A O°� . " .--� -� .-+ N .-a H t t N N N N C•1 iO y O ._ 2 O 0 O �. ~ N a N a : Et C S a a O � u) .„' + O O O O O . O. a .0 z N M 00 M O O 6 d C).. . ,-, C) 0 0 , � E Mn 6A5 OOo000 6 ax A .,. E M N c:::,.., CPI 0 ` 0 M M O O -a N E-+ O � O d' M � -a cvj W , ^ d' M 0 0 . ^' M M \O l� d� do � . -.M 0 �as o aa a ar, a U U .., a = ? c U - ) ° .. °J A Qi 0 �' 0 glq q ,� 5 000000 , . 0 r, � . .� M M N O\ co), O— c W O ° [� sue. aas y d '4 M .-i ,-i M 1-' .t] i. 0 :ms H /•'4 .sm as A o �o g” Pa cal H O � U a C7 a a, up u O 0 s~ H( 0 A_ti � `n a W 0 al H ocn � U C7 0 to H cd H c - 0>0 o o 3 c3 U 0 c:1 44 a '73 c/ P:1 A O zi c'El o g4 12q ; o a ti cc: j P, 7:3 d Q' wcn C7 o C7 0 o 1:10 pp CX1 0 rnC7C7 w ,� ,..i, upL77 oN FT.( .1 g4 o U 00 o o V /..., C i N d N on 0P al zt i0 d N m H o c ai a E-1 0 c as O Cti D 0 p-i 10- cii P-1 ro o O a a a A A 0 Q X U w a s w a -i.) +) +� o o a� co C7ooC7 1 - C7C7c � o 0 o G) }A AI a y a0i 0 a0i A A r4 4 0 0 Q g O , a o 0 0 g 0 O �. a 0 0 c� c� � � � � a � c. � c4c U 0 a 00 EXHIBIT V.E.1c- Page 21 of 22 . � � oo d- N l� N -, •., M 00 d" NM ' 0 .0 V7 \O d' \O N .--i el a cl -+ , av y, pi Q O d- d- o f~r „44 t----,, vl Vj . 00 O v7 N ( N O H? 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O PQ Pa F4 7 � O a . � � C U C CID C/D EXHIBIT V.E.1 c- Page 22 of 22 COPY EXHIBIT V1E . lo TRAFFIC IMPACT STATEMENT ADDENDUM Revision 2 GradyMinor GOLDEN GATE ESTATES COMMERCIAL AND INSTITUTIONAL INFILL SUBDISTRICT COMPREHESIVE PLAN AMENDMENT TRAFFIC IMPACT STATEMENT (March 2012 Addendum to August 2011 Traffic Analysis) Collier County, Florida Prepared For: Prepared By: Naples Venture II, LLC and Q. Grady Minor&Associates,PA Naples Venture III, LLC 3800 Via Del Rey 4951 Tamiami Trail,N., Suite 11 Bonita Springs,FL 34134 Naples, FL 34103 Exhibit V.E.1c Page 1 of 6 INTRODUCTION Project was previously submitted with 120 ALF (LU254) beds. A proposed ancillary medical office use is now proposed to be added to the ALF use. The medical office (LU720) for inpatient and outpatient use will be a maximum of 5,000 sf. The additional trips from this use will be added to the previous calculations. TRIP GENERATION Site generated trips were estimated using Institute of Transportation Engineers (ITE) Trip Generation Manual (8th Edition). Calculations: Medical Office(LUS 720): ADT: T=40.89*X—214.97 T= 150 trips (note, this is estimated because of inadequate data for smaller building sizes in ITE manual) AM Peak Hr: T=230 * X(Average rate) T= 11 trips Enter=9 trips Exit=2 trips PM Peak Hr. Ln(T) =0.88*Ln(X)+ 1.59 T=20 trips Enter=5 trips Exit= 15 trips TRIP DISTRIBUTION AND ASSIGNMENT The site-generated trip distributions were determined by review of the previous TIS for the site and knowledge of the area and the adjacent roadway network. The Peak Hour traffic distribution and trip assignment is shown in Table 2. TABLE 2 PM Peak Hour Roadway Entering Exiting Link From To Distribution VPH Distribution VPH Livingston I-75 35% 2 35% 5 GG Pkwy I-75 Santa Barb 85% 3 85% 13 Santa Barb Collier Bld 15% 1 15% 2 Santa Barbara Green Blvd GG Pkwy 35% 2 35% 5 Blvd GG Pkwy Radio Rd. 15% 1 15% 2 Exhibit V_E.Ic Page 2 of 6 SIGNIFICANCE TEST ANALYSES The concurrency links within the vicinity of the project were previously evaluated to determine whether projected operation would be within County standards. Table 3 shows the results of the PM Peak Hour Significance Test from that analysis. As seen in the above figures, there is a small resultant increase in the number of trips from the proposed addition of the 5,000 medical office compared to the scenario for only 120 ALF units with inpatient medical care; however the total trip volume remains significantly less than that previously analyzed for office use only as permitted in the existing sub-district. TABLE 3 PROPOSED TRIP ASSIGNMENT/SIGNIFICANCE PM.Peak Hour Peak Project % Roa:twav Link From T 55,,c4,5 5r 2 bin' TritA knP t LM ng triti R.R 1-75 4.370 N3A413 14 03% SEVER 13 03 - - G 1-735 Sartta 3ar6ara 3.730 tt3JVVB 33 03% G Pkwy SB/EB 31 {!a Sawa Barbara Cok er Stud 1.,98E Ck 3''sE`in 5 01% SHIES 6 03% Grtx:i 6 u'd GG Fi;Wy I:45'36 -N"a.",+VB 14 0.7%:;.. Siitf1 13 0.7 GG:Pkwy Radio Rd i 00 1 i3,WR 5 a.2 a sseal 6 0.2: TBdtf denotes Peak LDiirEcti . "Fran aT.aarremay Rep art fur sey.nant ar a sirrnar sent The significance test analyses for the adjacent roadway network indicate that there are no links in the vicinity of the project that have site-generated primary trips that are significant. BACKGROUND TRAFFIC VOLUMES As depicted in the previous TIS by Omega, background traffic volumes were developed using the Collier County AUIR for 2005 through 2011. A minimum two percent (2%) growth rate has Exhibit V.E.1c Page 3 of 6 been assumed. Table 4 & S show the results of the growth rate calculations based on the Trip Bank from the 2011 AUIR and the Historical Growth Rate. TABLE 4 BACKGROUND TRAFFIC VOLUMES Based on Hi ricca1 Growth of AU1R Drat 2008-11 2008 2009` 2010 2411 Gru wtl't Rau 2016 Rcodway Liik E.raxn Tct PK i-1R P F`I'rt PI;HR. P1f HR Rat .thr:d ruins-w i Rd 1-75 2,517 2,468 2,657 2,405 -tS% 2.0% 2,934 GG Pkwy 1-75 Santa Bahafa 2,084 1,929 1,937 1.711 -6_4% 2.01% 2,139 S:i..rzl3erlyar.7 C;:11r'Gr.8Pzd 1.603 1,600 1.3$8 f>s0► -63% 2.0% 1,332 Santt 1],nrIldrn Geri Paid GGPkwy 1,410 1.4,'.0 1,102.. 1,053::. 92% 2.0% 1,217 Bl--A1 GG Pktly Radio R 1,470 1,470 1,328 1,393 °1.7% 10% 1,466 TABLE 5 BACKGROUND TRAFFIC VOLUMES &caged on Draft 2011 AUIR Trip &mk aked Tdp rad Raodieiy Link Frani Tn V Bonk %Jo1 1rr ngs«n Rd 1-75 2,657 1St 2,808 GG;Pkwy I-75 Swim Bath 1,937 137 2,074 Sdro Barbra Corer Bfrd 1,388 134 1,542 .: 5cntd B:ir bard G.r ea Blvd GG? .}?. .. 1,102 143 1.245 B11,Yj GG Pkv;;r ftr;d1b Rd 1.328 228 1,556 LINK LEVEL OF SERVICE ANALYSES The Maximum Service Flow(SFT11x) for area roadway segments is shown in Table 6 & 7. The LOS analysis, again from Omega's report, showed that the adjacent arterials are projected to operate within LOS standards both with and without the project for the proposed land use plan. The increase in trips(AM Peak 11 trips,PM Peak 20 trips) from the proposed 5,000 sf medical office use is a very insignificant increase to these projections and will not affect LOS. Exhibit V.E.1c Page 4 of 6 TABLE 6 LEVEL OF SERVICE DETERMINATION Based on His€orkai Growth 2016 Wit LOS Std? 3kg4 ?mita Te1a1 akgd W1 RGadw y Link From: To ;Lux Vad rI S V i Only Peal 1,13r gs Sri Rd :!75 4370 1.934 13 4946 Y Y CG Pk" PTS Santo garb ere 3,no 2,134 31 2.189 Y y Sarna 8arbora Gage"Skid 1,980 1.532 b 1,538 Y Y • Santa 8drbara Green Bi i GG Pkwt 1,930 1,20 14 1,230 Y Y_._. 1i1 d GGPktty Raclin Rd 3,100 1,466 5 1,472 Y Y 1 F.old N denotes Not witiiirt LOS Standards TABLE 7 LEVEL OF SERVICE DETERMINATION Bused on Mart 2011 ALUR Trip Bank 2010 Z010 WIT LOS Std? Bkgrf itip Naiad. hfal E.k 1 WI Rae dit' Link Fram Tb SF A iy ' &3(k. Teipi, Vet Offy Pmj !Aqaba Rd 1-75 4,370 2,934 1148 13 3,094 Y GG how !7S Septa Brebato 3,7311 Z139 137 31 2,303 Y Y Sarnia Bc rtdra r a rls r i3vt1 1;980 1432 154 6 1,592 I I Santa'Barbara Green 81 1 GGP&w7 1,930 1,217 143 14.< 1,373 1 Y 8,444 GG Pkup ike:110 3,10C1 1,4&8 228 5 1,700 r Y t'Ei ld N denotes Not wit jn;LOS Standards INTERSECTION ANALYSES The project's access to Golden Gate Parkway will not be affected by this small increase in trips from the 5,000 sf addition to the uses. Exhibit V.E-1c Page 5 of 6 CONCLUSION The analysis shows that the adjacent arterials are projected to operate within LOS standards both with and without the project for the difference between the current and new land use plans and the new land use plan as a standalone project through the buildout year of 2016. From the intersection analysis of the project access, the project increase will not greatly impact turning lane for the project. Exhibit V.E.1c Page 6 of 6 COPY EXHIBIT V. F. OTHER• Revision 2 g ¢ ow� ro` Cl)rno�<g N9Z96 .M S9Z96 D N M § n C S 43 W V Q.Ell i m iy zi O of O 1 O p W va F • - '6A1Q VWaWO WHYS I Z o 1}- w '8 11111- i lS' D Jo w —8 R: < n O w N _ v J n EN $ B S z 6 H � ME � � S • 19-IN11■11111112M1111M11M111�_ � do ` Ik 3 8 I A g is _� \ g g " �� w �R o NNW . W MS Ill 9 2 11111111.4: MOW L nd �c s OE . ..... — � d _ r� g1g • 11,1111 g 15 91-60 126[1-bYKC-00 60-26--L i. ■_ �� YLS-60 1[011-NV-90-N 60 -9 -1-60 99R-6v-110,0 T 1 OLL-LO .211=av-L0-13026 LO-66-6 01 11.1111=1.111. IMIMMA - GO''. 0 6,12 tut--aco ro 676-6 C __ I 1h Zrl-m 161-26r-ID 20[60 2621-2 L[ u1-96 6 666-10 96-6-6 MIIIIIIIIII �. o91-cs 66-00ro CC .� .1111 �_/ 262-66 12 l L6-6E-6 e-r, rc tt-L6 6-6-21 L 6[ Namw6 I..NI 106 1Nn BY 011Dx ruonAmN1 KlK6 L-26 L-R-ILL 96-917 6L 212-26 L-26-0 26-22-11 CR ":0' �� 1[6-26 c-.-no 26-K-L LL a1-1a CI-C6-111 211-6 96 61--26 1-26-1102 c6-26-6 FL siwàs ? .. .iCiR6Zt! -30vNLN=maw 001-66 W- K1 IZ 66 L1-06-2 06-66-11 DL !HhIIIii{IjiII4j` 0611-96--16 `l a- o ° -LLV1d D� I1IIIiIHIHhIIIllhI ! L>i itP11d 661-92y1d-nd 6 06[-66-2 L ]:.i 6.,61:6 • F M1 \.\\`-c O _ m N �nf w r >J F` -nd X-L-nd [m :,,, � , x ` n 111111 X IIIN nd y N W K oo iBN a 6 OW N * UW N o-1-D6-na L 021-66-12 5DN 9x° !IIIUIIffhI \ RiCi!IS61- H 1w w--!-O I V \ : U_ U Z Z KZ?.. L] O K r6 KZ?. mg 00013 No15DNinn LIVINGSTON ROAD - a 1 I I iii! NSZS6 SSZS6 1 I MUM EXHIBIT V.F. — PAGE 1 OF 1 COPY Revision 2 EXHIBIT V. G. SUPPLEMENTAL INFORMATION Details Property Record Sketches I Trim Notices Current Ownership Parcel No. 38170000009 II Property Address NO SITE ADDRESS Owner Name NAPLES VENTURE II LLC I Addresses' 555 SKOKIE BLVD STE 350 City' NORTHBROOK I State1 IL II Zip 1 60062-2854 Legal'GOLDEN GATE EST UNIT 30 TR I 112 N I Section JI Township II Range 'I Acres I Map No. I Strap No. 1. I 29 I 49 I 26 II 4.15 II 4829 II 335500 112 04B29 I I jt Millage Rates Sub No. I 335500 I GOLDEN GATE EST UNIT 30 111 Millage Area School Other Total I `C Use Code I 10 VACANT COMMERCIAL 10 5.6990 6.6239 12.3229 , I*See Instructions for Calculations • • 2010 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value I $1,354,336.00 Date Book-Page I Amount I (+)Improved Value $0.00 10/2007 4298-58 $2,300,000.00 (_)Market Value I $1,354,336.00 102/2005 3737-1166 I $0.00 (-)SOH Exempt Value&Other Exemptions I $0.00 109/2003 ' 3392-4 $1,010,000.00 (_)Assessed Value 1$1,354,336.00 1 04/1977 683-173 1 (-)Homestead and other Exempt Value $0.00 II $0.00 (_)Taxable Value II$1,354,336.00 I (=)School Taxable Value(Used for School Taxes) $1,354,336.00 SOH="Save Our Homes"exempt value due to cap on assessrpent . increases. The Information is Updated Weekly. EXHIBIT V.G. - Page 1 of 9 I 4090284 OR: 4298 PG: 0058 RECORDED in OFFICIAL RECORDS of COLLIER COONMI, IL 10/31/2007 at 03:07PK DWIGHT E. BROCL, CLUE CONS 2300000.00 This instrument prepared by: RIC I11 21.00 Thomas A.Collins,11,Esquire DOC-.10 16100.00 Treiser,Collins&Vernon 3080 Tamiami Trail East Retn: Naples,Florida 34112 SWALK BODRGEAO BT AL 2315 UAKIAH TR N #308 NAPLES FL 34103 1439 [Space Above This Line For Recording Data] WARRANTY DEED (Statutory Form-FS 689.02) THIS INDENTURE, made this E4 hday of October, 2007, between COLONNADE ON SANTA BARBARA, LLC., a Florio i iono. , company, Grantor, whose post office address is 3838 Tamiami Trail North hi'•�• -' .'a 34103,and NAPLES VENTURE II, LLC, a Florida limited liabili , its •. y, Grantee, a e t st office address is 555 Skokie Boulevard, Suite 350,Northbroo , ois 60062. lie��` The Grantor, for • d to a e a a ', e • 10.00 and other valuable consideration, to it in hand p.;$ • - sai a t--, A"e re a•' 1`itrt of is hereby acknowledged, *has granted, bargained and s• ty.t, the said Grantee, i t;x suc a es •. • d assigns forever, in and to the following described land,to If, ° 6) •All of Tract 112, Got t - • - ■.. 0, according to the map or plat thereof as recorde• -' E 11 `age(s) 58, Public Records of Collier County,Florida. (For Information Only: Property Appraiser's Parcel Identification Number is 38170000009) Subject to the following: (a) ad valorem and non ad valorem real property taxes for the year of closing and subsequent years; (b) covenants, restrictions and public utility easements of record; (c) zoning, building code and other use restrictions imposed by governmental authority; (d)outstanding oil,gas and mineral interests of record,if any; and(e)road easement as shown in Official Records Book 3932,Page 2323,Public Records of Collier County,Florida. 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. EXHIBIT V.G. - Page 2 of 9 '- i • OR: 4298 PG: 0059 I And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Signed,sealed and delivered COLONNADE ON SASNTA BARBARA,LLC in the p -sence of: a Florida limitecl=liability company d ,## , ,, AO 4001,11 (Seal) Wi iir ss#1 A,O H . .KYRITSIS,Manager Print 4 i c�L nn 1 5.737-et- et,--- I - J !Witness • ,a I • Print_k) L>�o �^ Lc f.k A / � � CODA (Seal) ` 'mess#1 y :+TH D DMAN,Manager S� L • rrr.t Print _t:. -' r..v . , ..-.„-, k..., f. 1 ,-..., -,._ , pci.„. , i , , ,. Witness#2 'i Print a •• N. ° e ,<. ;-Q 4 ti 4 0 I STATE OF FLORIDA C 1 COUNTY OF COLLIER The foregoing in. ument was acknowledged before me this day of October,2007,by ATHINA L. KYRITSIS, as Manager of Colonnade on Santa Barbara, LLC, a Florida limited liability company, who is personally known to me er has t roduc a as-inn. NOTE: If a type of identification is not inserted in the blank provided,then the person executing this instrument was personally known to me. My Commission expires: ��`' MARYJOWO WSJ l C I E C H O W S K I t NOTARY P I - t10. MY co i.ss►oN*DD 7 oi<< • .r ' e.�t- ' , • PP �B2FS:F _ `-`�44Y a r psi Type 1 or p ' ted name _ EXHIBIT V.G. - Page 3 of 9 *** OR: 4298 PG: 0060 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me thisE)day of 2007, by KENNETH D. GOODMAN, Manager of Colonnade on Santa Barbara, LLC, a Florida limited liability company, who are personally known to me or . have produced .x s i . •s n. NOTE: If a type of identification is not inserted in the blank provided,then the person executing this instrument was personally known to me. My Commission expires: �y 1O WO)CIECIIS '' NOTARY PUBICI' +9 � COMMISSION#Ott;37zi j EXPIRES:F y .-'" ts.Ar\ L.vN.; "cr Y �, " Typed or printed name a. CO Adt -41.E CakC N ' EXHIBIT V.G. - Page 4 of 9 - - I Details Ji Property Record I. Sketches I Trim Notices Current Ownership Parcel No. 38168800004 Property Address 5715 GOLDEN GATE PKWY Owner Name I SMITH,MARVIN E Addressesll 5715 GOLDEN GATE PKWY I City) NAPLES II - State I FL II Zipli 34116-7460 Legal I GOLDEN GATE EST UNIT 30 E 1180FT OF TR 98 OR 1408 PG 1205 I Section Township II Range II Acres II Map No. I Strap No. I 29 I 49 26 II 2.81 II 4B29 I 335500 98 04B29 I I I Millaqe Rates Sub No. 335500 II GOLDEN GATE EST UNIT 30 III Millage Area School I Other Total I -L.Use Code 1 SINGLE FAMILY RESIDENTIAL , 10 I 5.6990 6.6239 12.3229 I*See Instructions for Calculations 2010 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value I $73,763.00 I Date II Book-Page Amount F. (+)Improved Value $108,952.00 1 101/1989 I 1408-1205 I $0.00 I I (_)Market Value I $182,715.00 I 12/1988 1402-8 I $122,000.00 (-)SOH Exempt Value&Other Exemptions I $39,234.00 1 1 02/1988 I 1330-1882 II $0.00 I (_)Assessed Value $143,481.00 101/1987 I 1242-900 II $35,000.00 I I(_)Taxable Value omestead and other Exempt Value I $50,500.00 I $92,981.00 z (_)School Taxable Value(Used for School Taxes) I$117,981.00 I SOH="Save Our Homes"exempt value due to cap on assessment 1. 1. increases. The Information is Updated Weekly. EXHIBIT V.G. - Page 5 of 9 • r I ,. : , • SEC ' , consideration: $ 122000 0 12 3 7 9 G I 1908 DEC AN 8 20 C File No: 9301 COLLIER COUNTY RECORDED • .+IT f:::-.I, :i4D This Warranty Deed Made and executed the 13th day of December A.D. 198g by • • •Seacrest Homes, Inc. PA a corporation existing under the laws of Florida and having its principal place of ,.:` business at 5715 Golden Gate Parkway, Naples, Florida 33999 hereinafter call the grantor,to . Marvin E. Smith and Eva M. Smith, Husband and Wife whose postoffice address is 5715 Golden Gate Parkway, Naples, Florida 33999 hereinafter call the grantee: Witnesseth: That the grantor,for and in consideration of the sum of S$10.00 and other valuable . considerations,receipt whereof is hereby acknowledged,by these presents does grant.bargain,sell,alien, u • remise,release,convey and confirm unto'the grantee.all that certain land situate in Collier -.• County Florida,viz: Unit 30 Cr) 0 The.East 180 feet of Tract 98, GOLDEN GATE ESTATES,„according to the Plat C' i c--7 thereof as recorded in Plat Book,7, Page 58, of the Public Records of ■ Collier County, Florida. 11 1 244905 190.9 JAN 12 PH o ,/001 408 001205 Qy n• 'OILIER COUNTY XRECORDED • OR 8010K - PAGE Received S 77 Documentary Stamp Tax Q Receive!3 4i//r Class"C'Intat: ible T \ Persoral •roperty Tax i v y1 •LINTY CLERK OF C L�E•4� v o �, • � I --i D.C. Ill Together with all the lane e here• aments and =pp. en aces the tTo belonging or in anywise 1 appertaining. _ . \\ 1 To Have and to Hob,, tote same t e• . plc f. ever. And the grantor hereby.•ve • t . s t s'• fully[seized of said land in fee simple: that it has good right and lawfu aut or y to se a d n 1 at it hereby fully warrants the title to I s?„ CO yef . t,s'of era [as,whomsoever;and that said land is said land and will defend the a > ,t• free from all encumbrances ex grit taxes accuring so s--:Lent ectxytiber 31. 19 } 87. �l Subject to easements, �ctioas and re G •f record. 4 ?t;R -c.04 .1, t, .t. , r_u.T L '` .,i i i [CORPORATE SEAL) In Witne •reOf the grantor has caused these presents to be executed in its name,and its corporate seal to be hereunto affixed,by its proper officers thereunto duly authorized, the day and year first above I . written C...) - Seacrest Homes, Inc.••N 4Ti'FS'1': ` • WITNESS: 4^'I•n hart F. Ssnen Vice- 1 . STATE OF FLORIDA 6 1... COUNTY OF COIS,IFR } . ki The foregoing instrument was acknowledged before me this 13th day of December .19 88 by Robert F. Simon, Vice-President of Seacrest Hanes, Inc. a Florida corporation,on behalf of the corporation.• N.‘ �” • Notary 'u.is • NOTARY PUBLIC.STATE OF FLORIDA MY COMMISSION MU 'o . NT T v.. NDCyWRIT S. - ' This natrument prepared by and return to: Joann Sandy First American Title Co. _ -;••S tlecacutdand Verified (� f`� 5020 Tamiami Trail North, Suite 102""-;"'.,.,.--...,� m H COI ta.TerFS of \(VAR . Naples, Florida 33940 •t&g3o\ ■ COLLIER COUNTY,FLORIDA, JAMES 0 fi LES.CL ERR - . , -._� 'ta� i71"---- - Page. bf 9 .. XH BIT V.G Record . - _t 7n to: South Flo - i: ■;t &Title The Businaa S, Law Buil�(io,IORANDUM OF CONTRACT FOR PURCHASE 27911 Crown t,ikr Blvd., !!I�`Yfffffff��`` Bonita Sp: .: FL 34135 AND SALE OF PROPERTY File lvurtarer: This is a Memorandum of that unrecorded Contract for Sale and Purchase of Property ("Contract"),dated September 29,2009,between Marvin E.Smith,(referred to therein as "Seller"),and Naples Venture III,LLC and/or its assigns,(referred to therein as"Buyer") g g o concerning the real property("Property")commonly known as 5715 Golden Gate CD Parkway,Naples,Florida 4116 and legally described as: 'y " 4 S, A O u Y Y The East 180 feet of Tract 98,Golden Gate Unit 30,according to the plat thereof, .a as recorded in Plat Book 7,Page 58 of the public Records of Collier County, Florida. w ....1 . For good and valuable consideration,Seller has agreed to sell and Buyer have entered .._ ^ ° into a Contract for the purchase and sale of the property upon the terms and conditions set forth in the Contract referred to. Seller shall not have the right,with respect to the e o Property to enter into any new contracts,leases or agreements,oral or written,without 'E the prior written consent of Buyer. o° .A °> m N IN WITNESS WHEREOF,the parties have executed this Memorandum on October "q o .v2/T;2008. _" � - H O .sue Witnesses:SELLE °'y a mith e- b b IV LT PURCHASER: y L LC ` > OFal1'/IIW�//r'r Jose•• 'os' '"z4 ager O 7' CIRC41/4.)\ • STATE OF F-Lo Rp V tel ) COUNTY OF Cv1---4--t —Q ) The foregoing instrument was acknowledged before me this 2 day of October,201)al,by Marvin E.Smith as Seller. iA f/.zL 7 . Aor,k41., vow.kii tt KADEF91 Notary Public * *slvoss�a+joomsao My Commission Expires: • 3o Zola '�, e,„ a xaa�s FY2oo ,cED�t�: F L D STATE OF - L. ) COUNTY OF CvOK ) The foregoing instrument was acknowledged before me thisday of October 200: . Joseph •.Rosin,Mana er of Naples Venture III,LLC,as Purchaser. i�� 'otary Public My Commission Expires: bi?/o= WNW MIX•IRAN QIIMA IN00MMOME1 111111,11 EXHIBIT V.G. - Page 7 of 9 LETTER OF AUTHORIZATION {*-1=: TO WHOM IT MAY CONCERN I hereby authorize Q. Grady Minor and Associates, P.A. and Coleman, Yovanovich and Koester, P.A. (Name of Agent(s)) to serve as my Agents in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. Signed: Date: `-1' �'�/ , -�t� I z Joseph'r�Rosin, Manager of Naples Venture II, LLC and Naples Venture Ill, LLC I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. QL44-11 ? /Signature of Applicant V Joseph A Rosin, Manager of Naples Venture II, LLC and Naples Venture III, LLC Name-Typed or Printed STATE OF ( EDrlcLa_. ) COUNTY OF ( CDOt.er ) Sworn to and subscribed before me this D-0 4-h day of -Apr1 , 2011 by D(a.ruIa) 4 Qom,;n{(,�;/12 MY COMMISSION EXPIRES: Notary Public •'\a io!N rqN�� •�eta/ 701 pF CHOOSE ONE OF THE FOLLOWING: N �* =* : ►• %Z• #EE031402 :O;T.. who is personally known to me, � •, sowedoo :•0Q who has produced as identification 9�� :ryPubucU��;:'' and i�A/8 ii'�ii."t did take an Oath did not take and Oath NOTICE -BE AWARE THAT: Florida Statute Section 837.06 - False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of%500.00 and/or maximum of a sixty day jail term." LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q. Grady Minor and Associates, P.A., Coleman, Yovanovich and Koester, P.A., Naples Venture II, LLC and Naples Venture III, LLC (Name of Agent(s)) to serve as my Agents in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. • Signed: /A/ (4 /i. Date: 7 /7—D/¢-d/./ Marvin E. Smith I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. _ � i jnature of Applicant Joseph A Rosin, Manager of Naples Venture II, LLC Name-Typed or Printed STATE OF (ftOrid&. ) COUNTY OF ( Co I l t,e r ) Sworn to and subscribed before me this QD`i-h day of -Ati r i 1 , 2011 by D , QW(r)f-au1 !() MY COMMISSION EXPIRES: Notary Public \\\\\\\\_NPtLtQU����//'// CHOOSE ONE OF THE FOLLOWING: �p\P•o*;Miss/oy•,mil%? aaY28,?p��9•17 .7' who is personally known to me, *. who has produced as identification o• #EEO314pp and 9�A roed aer+n` .oQ\`� did take an Oath //�/",S AT C ' did not take and Oath NOTICE-BE AWARE THAT: Florida Statute Section 837.06 - False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of%500.00 and/or maximum of a sixty day jail term." copy Revision 2 • PRE APPLICATION MEETING NOTES ^� ' 2 J- - �7'� ^-�� •//^ ?n ^ p^~ r`e-^ ^6p (ce- --4./f49 � � � —. / , � .a* /�� G -~_ -------------- '--���---^"/ --„~��� ' ' � - �� --f��r —�---��-�-� � ' --___-' 5;1-e-/) ` 4.40.-_- (VD 11,R .C .3, 3 »�/ �c^^ ��—\ ~ _ l;���m� psi h°°� 4' /° ^ '/�v�� r*�� �� �4 { � /z /v0-4--e. o(29 ____ _' _ _—_ _-_- ___ Pert • . ` ! i. | | . : ! 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I '‘.::■':.':., mil= im , =t...1 x.i,-ele ,-..,-.7c-nd ..,-•11 ,., j . .— ,., _ .. • • Millillile F -I ri ' . • .■4,11e s 1 • 1111 ' l' , 1-, Z1.I Ls . s•-; .....• s 1 r I 11 . _ 2 IC., I% ._ i _:_I „. ..i!,: .1 7 . . .... I 1 %smon. - I ill I El,.171111 S*1101,ie., I AIIIIIII10111 = ,,X., .... ,.....\•.',“" 1.'..':*•••••••2‘■•••■••••:,• s ".'''' S‘••*\ NI s''\'.. ■•\-,'\ IIIM tc: lig; 8 . = 0 / -„,-.,,. „.,....,,,,-. .: . ..-■ - < ---. ..7 10111111111111 6 2 T.g 1 1111 ' !g .,...---.4: . .. , * , . ;..2.1 . .., .. !13-:2 1111111 ...•... • I --._:- _I. I21 •....-. ''''' .., , .., • • • .. . - : i cri—• tz `• ,..'=•• . •... 11 I I . L 1 I • .:".°- •••.:,, - 1 cycla NOISONIM1 x , LIVINGSTON ROAD gIlid 1;- 1 NZ6 :..... .girl"! S5 69/96 '',,. 1 gglAdiga i 1 g o ---------,---... • — — Page 3 of 3 COPY REsoLuTIoN 2007 70 Revision 2 X04 4� �► ORDINANCE NO.04- 35 0 nose It N AN ORDINANCE AMENDING ORDINANCE NUMBER 91— _ <<� 102 OF THE COLLIER COUNTY LAND DEVELOPMENT oe S. CODE WHICH INCLUDES THE COMPREHENSIVE ZONING 8l99 c.o,/ REGULATIONS FOR THE UNINCORPORATED AREA OF : - COLLIER COUNTY, FLORIDA AMENDING THE - APPROPRIATE ZONING ATLAS MAP OR MAPS TO H.. CHANGE THE ZONING CLASSIFICATION OF THE HEREIN = - DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "CPUD" COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE COLONADES AT SANTA BARBARA PUD, WHICH IS LOCATED AT THE NORTHWEST CORNER OF GOLDEN GATE PARKWAY AND , SANTA BARBARA BOULEVARD, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.83+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing Colonnade Medical Park, LLC, in Petition Number PUDZ-2003-AR-4332, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 49 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to "CPUD" Commercial Planned Unit Development in accordance with the Colonades at Santa Barbara PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Zoning Atlas map or maps, as described in Ordinance Number 91-102,the Collier County Land Development Code,is hereby amended accordingly. • - Page 1 of 30 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this c2 S` day of Mal ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA r ' Ff�. L i - DONNA FIALA,CHAIRMAN I WIGS E.AR*it'1'e :' s Attest iit, trsa slS ittget 611 1 uFf al:�yy ,r,,,,•.,,,..••''• This ordinance filed with the Avtcetary of te's Office t . day ofJ I)i)P , }' Approved as to Form and acknowledgeme p� that and Legal Sufficiency film- eceived this day of ` Bye _ . . 0.C. 41. 6 iitC(Ai. Patrick G.White Assistant County Attorney Attachment: Exhibit A PUD Document Page 2 of 30 COLONADES AT SANTA BARBARA A COMMERCIAL PLANNED UNIT DEVELOPMENT PREPARED FOR Colonnade Medical Park,LLC 9240 Bonita Beach Road Suite 2206 Bonita Springs, Florida 34135 JUNE 2003 • Exhibit"A" (1:\Current\Ik-,elem\PUD Rezones\Cnlonades W Santa Barbara PUU.AR-4332\PUD dowmentArevised par BCC 5-25-0-3.doc Page 3 of 30 COLONADES AT SANTA BARBARA A COMMERCIAL PLANNED UNIT DEVELOPMENT 6.83±Acres Located in Section 29 Township 49 South,Range 26 East Collier County,Florida PREPARED FOR: Colonnade Medical Park,LLC 9240 Bonita Beach Road,Suite 2206 Bonita Springs, Florida 34135 PREPARED BY: Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail North Suite 300 Naples, Florida 34103 And Q. Grady Minor& Assoc. PA 3800 Via Del Rey Bonita Springs, Florida 34134 DATE FILED • DATE APPROVED BY CCPC DATE APPROVED BY BCC 6-a 5-0`/ ORDINANCE NUMBER 40041.3,$ t\Cure ntU>e cicm\PUU RrnmcclC.donadrx Santa liartrsrn PUD.AR-3332\1'UB dncumernAre ised per BCC 5-25-04 doe -_—- Page 4 of 30 ----- TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE ii SHORT TITLE iv SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,& 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description of the Project and Proposed Land Uses 2.3 Compliance with County Ordinances 2.4 Land Use Summary 2.5 Use of Right-of-Way 2.6 Sales Office and Construction Office 2.7 Changes and Amendments to CPUD Document or CPUD Master Plan 2.8 Preliminary Subdivision Plat Phasing 2.9 Open Space and Native Vegetation Retention Requirements 2.10 Surface Water Management 2.11 Environmental 2.12 Utilities 2.13 Transportation 2.14 Common Area Maintenance 2.15 Design Guidelines and Standards 2.16 Landscape Buffers,Berms,Fences and Walls 2.17 Signage 2.18 General Permitted Uses 2.19 Deviations and Substitutions SECTION III OhFICE DISTRICT 3-1 3.1 Purpose 3.2 General Description 3.3 Permitted Uses and Sections 3.4 Development Standards SEC TION IV PRESERVE DISTRICT 4-1 4.1 Purpose 4.2 General Description 4.3 Uses Permitted 4.4 Development Standards SECTION V DEVELOPMENT COMMITMENT 5-1 5.1 Purpose 5.2 General 5.3 CPUD Master Development Plan \CurrentlDeaHem\PM Reznnes\Colnnades Or Santa Barbara PUD.AR-ii}?lPUD dacurnentOr rmad pr fSCC 5-25.04 doe _ _ __ Page 5 of 30 _ ... LIST OF EXHIBITS AND TABLES EXHIBIT A-1 Conceptual CPUD Master Plan and Surface Water Management Plan EXHIBIT B Boundary Survey EXHIBIT C Location map EXHIBIT D Legal Description - (i:\CURCnA)CtiL'ICm\PCI)Rc7.or1Cc\Coh nades(c Sams Barbara PI'D.AR-1332‘U'21)dorumant\revised per BCC 5-25•04.dnc i Page 6 of 30 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Heartbeat Cardiac Services, Incorporated, hereinafter referred to as the Developer, to create a Commercial Planned Unit Development (CPUD) on 6.83± acres of land located in Section 29, Township 49 South, Range 26 East, Collier County, Florida. The name of this Commercial Planned Unit Development shall be Colonades at Santa Barbara CPUD. The development of this site will comply with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted there under of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Golden Gate Commercial Infill Sub-district as identified in the Golden Gate Area Master Plan and on the Future Land Use Map. In addition to other uses allowed by the Plan, this District is intended to accommodate a mix of general and medical office uses on this infill parcel, and contains development intensity standards to insure that development is compatible with surrounding residential and commercial land uses. The development of the property is also located within the corridor management overlay district and is subject to the provisions of Section 2.2.21 of the LDC, unless modified herein. 2. Colonades at Santa Barbara CPUD is compatible with and complementary to existing and zoned future land uses surrounding the project as required in Policy 5.4 of the FLUE. 3. Site and building improvements will be in compliance with applicable land development regulations and development regulations specified herein. 4. The development of Colonades at Santa Barbara CPUD will result in a well-designed office project, through coordinated and regulated signage, building design, vehicular and pedestrian access, and landscaping and will further the intent of Policies 3.1.E and F of the FLUE. 5. The development of Colonades at Santa Barbara CPUD will be designed in a manner consistent with Objective 7, Policies 7.1, 7.2, 7.3 and 7.5 of the Transportation Element of the Growth Management Plan, which address access management, on-site traffic and pedestrian circulation,and compliance with the Collier County Streetscape Master Plan. 6. The development of Colonades at Santa Barbara CPUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 G of the Future Land Use Element. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance,Division 3.15 of the Land Development Code. 8. Colonades at Santa Barbara CPUD has received a waiver from the historical/archaeological survey and assessment requirements of Section 2.2.25.3.10 of the Land Development Code due to the site's location in a low potential area for containing historical/archaeological C:\CumnN)LSelemtPL'U Reznnes\Colonatlex(a Santa Barbara PCD.AR-4332\1l9)dtxumenB reN=I per BCC 1-25-l)4 dot: ii Page 7 of 30 artifacts. The developer will comply with Section 2.2.25.8.2 of the Land Development Code should accidental discovery of any historic or archaeological site, significant artifact, or other indicator occur during site development or building construction. • G:\Currcnt\Deselemuul)K,.unes\Culonades t'Santa Harhara l'UD.AR-4332\t'UD documents\reviud per BCC 5-25-03.doc lll Page 8 of 30 SHORT TITLE This ordinance shall be known and cited as the "COLONADES AT SANTA BARBARA COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE:' • • Ci:1Currcnt\lks lernTUD Rcamts\Culnnack to Santa Barbara I'UD.AR-4312 WI)dttcumentsurvis v1 per BCC 5-25-n4.dni iv • ____ Page 9 of 30 SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Colonades at Santa Barbara CPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Please refer to Exhibit "D". 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Colonnade Medical Park, LLC, a Florida Corporation, or its assigns, whose address is 9240 Bonita Beach Road,Suite 2206,Bonita Springs,Florida 34135. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 29, Township 49 South, Range 26 East, and is generally bordered on the east by Santa Barbara Boulevard, to the south by Golden Gate Parkway,to the west and north by developed estates zoned property. B. The zoning classification of the subject property at the time of CPUD application is E,Estates and is located within the Corridor Management Overlay, which applies to projects along Golden Gate Parkway. C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670415D, dated June 3, 1986, the Colonades at Santa Barbara CPUD property is located within Zone "X"of the FEMA flood insurance rate map. D. Prior to development, vegetation on the site primarily consists of low quality pine flatwoods,xeric oak, and palmetto prairie vegetation. Habitats of the site also been invaded by exotic plant species, including Brazilian pepper, melaleuca, and downy rose myrtle. (1:1Curmnt\l e. milUh Renmes■Cok,nades Santa Bartcaa 1'UD.AR-41.12TM ducumcnlikro iced per BCC 5-25-04.doe 1-2 Page 10 of 30 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Colonades at Santa Barbara CPUD, and to identify relationships to applicable County ordinances, policies, and procedures. - 2.2 GENERAL DESCRIPTION OF TILE PROJECT AND PROPOSED LAND USES A. Colonades at Santa Barbara CPUD is a 6.836-acre mixed office development oriented to serve surrounding residential areas within a convenient travel distance, which will consist of medical and professional offices. Of the gross 6.83± acres, 2.03±acres is encumbered as a right-of-way easement for Santa Barbara Boulevard and Golden Gate Parkway. The developable area excluding rights-of-way is 4.8± acres. Collier County has proposed to acquire an additional .65±acre for road right of way purposes. The net developable area outside of those areas proposed for right- of-way is 4.15±acres. B. The CPUD Master Plan is illustrated graphically on Exhibit A-l. A Land Use Summary indicating approximate land use acreage is shown on the plan. The location, size, and configuration of the buildings shall be determined at the time of County development approvals in accordance with the Collier County Land Development Code(LDC). C. The Project shall contain a maximum of 35,000 square feet of gross leasable area for mixed office uses. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Colonades at Santa Barbara CPUD shall be in accordance with the contents of this CPUD Ordinance, and to the extent they are not inconsistent with this CPUD Ordinance and applicable sections of the LDC,which is in effect at the time of issuance of any development order. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the • time of development order application. C. Development permitted by the approval of this CPUD will be subject to the Adequate Public Facilities Ordinance,Division 3.15 of the LDC. D. All conditions imposed herein or as represented on Colonades at Santa Barbara CPUD Master Plan are part of the regulations, which govern the manner in which CidCu •mll)eselem1PUD Reznnes\Colunades(m Santa Barbara PUD.AR4:1 ui)ducumemsVemed per BCC 5-19-04 doe 2-1 _ _ Page 11 of 30 the land may be developed. E. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 LAND USES A. The location of land uses and general project configuration are shown on the CPUD Master Plan, Exhibit A-1:- Changes and variations in building, location and square footage shall be permitted at time of County development to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of buildings and the assignment of square footage or units shall be determined at the time of County development approval. B. All infrastructure will be private. The Developer or its assignees shall be responsible for maintaining the drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.5 USE OF RIGHTS-OF-WAY The Developer may place landscaping, si na e, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within a private right-of-way within the Colonades at Santa Barbara CPUD, subject to permitting agency approval. 2.6 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion, leasing and sale of real estate such as,but not limited to,pavilions,parking areas, and signs, shall be permitted temporary uses throughout Colonades at Santa Barbara CPUD. These uses shall be subject to the requirements of Section 2.6.33.4. Section 3.2.6.3.6. and Division 3.3 of the LDC. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under 64E-6 FAC and may use potable water or irrigation wells. 2.7 CHANGES AND AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Changes and amendments may be made to this CPUD Ordinance or CPUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. <<:1Curn,nt DesclemTIM)Kerones\Colunadec«^Senta 11arhaa PCD.AR-4+12\PUD documents\revised per BCC 5-25-04 doe 2-2 Page 12 of 30 2.8 PRELIMINARY SUBDIVISION PLAT PHASING In the event platting is required, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.9 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The CPUD will comply with Section 2.6.32 and Division 3.9 of the LDC, and Collier County Comprehensive Plan Amendment CP-2000-7 adopted by Ordinance No.2000-12 on March 12, 2001 relating to open space and retention of native vegetation. Specific landscaping and open space requirements are established in Section 2.12 and Section 2.17 of the Colonades at Santa Barbara CPUD. 2.10 SURFACE WATER MANAGEMENT A. The surface water management permit for the water management system will be designed in accordance with the Rules of the South Florida Water Management District(SFWMD),Chapters 40E-4 and 4-E-40. B. For the size and development intensity of this project, current rules require appropriate water quality storage to be provided. Water quality treatment shall be provided, based on 2.5"over the impervious area of the site. The current site design provides adequate area for meeting this requirement. Discharge from the site will be to Santa Barbara Boulevard and/or Golden Gate Parkway. C. The site will be designed in a manner that will prevent water from Colonades at Santa Barbara from draining onto the property located to the north. D. Any standing water that remains on the Colonades at Santa Barbara site after a seven (7) day period will be treated for mosquitoes. 2.11 ENVIRONMENTAL A. An Environmental Impact Statement was waived by the Collier County Planning Services Department, Environmental Review Section staff due to a previous Environmental Impact Statement provided for the Comprehensive Plan Amendment CP-2000-7,Ordinance No.2000-12. B. Other permits will be obtained from applicable State, Federal and Local agencies as appropriate. C. The Preserve area shown on the Conceptual CPUD Master Plan encompasses approximately .75± acres. The subject site, after excluding improved County Right-of-way easements contains approximately 4.8± acres of native vegetation. Retention of .75± acres of Preserve exceeds the required 15% (.72 acres) native vegetation of Section 3.9 of the LDC. C:\Curren[UhselemU'UD Rezones\Cnkmadea H'Santa Barbara PUU.AR-4312WU[)do cume Is.revitid per/ICC 5-25-lit doe 2-3 Page 13 of 30 D. All conservation areas shall be designated as conservation/preservation tracts or Amok easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Setbacks and buffers shall be provided in accordance with Section 3.9 of the LDC. In the event the Project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to the project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Review Staff for review and approval prior to final site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. 2.12 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. The project is within the service area of Florida Government Utility Authority. All water and wastewater facilities will be designed in accordance with Chapter 64E-6 FAC. 2.13 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (f'DOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code(LDC) B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy(CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended,and Division 3.15.LDC, as it may be amended. E. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy(Resolution 01-247), as it may be amended, and 1 (3 ICummt∎Dese4m\PUD Reruns\Colonadcs c San[x 13arhara pUD.AR-9332\I'UI)aoeumrnts\revised per 13CC 5-25-04.doc 2-4 Page 14 of 30 the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to,safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Ingress and egress to Santa Barbara Boulevard shall be prohibited. L. All sidewalks located within public rights of way shall be designed and constructed to LDC requirements. M. An interconnection from the subject property to the abutting tract to the north may be allowed should the Golden Gate Commercial Infill Sub-district as identified in the Golden Gate Area Master Plan and on the Future Land Use Map be amended to include the subject property to the north. The interconnection location and design will be subject to review and approval by county Zoning and Land Development Review and Transportation Planning staff in conjunction with the appropriate application submittal and fee payment pursuant to LDC Article 3. In no case should a possible interconnection be construed as support or vesting for any future amendment action for the Golden Gate Commercial Infill Sub-district as identified in the Golden Gate Area Master Plan and on the Future Land Use Map. 2.14 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surface water management system,will be provided by the Developer or its assigns. C:1Cumnt1D sclemT103 Rezones\Cokmade,tai Santa Bartrara PUD.AR-4132\PM dt,eumennelreaiced per BCC 5-25-04 doe 2-5 _-_. . Page 15 of 30 2.15 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. B. Colonades at Santa Barbara CPUD is planned as a professional office site under unified control. The Developer will establish guidelines and standards to ensure quality for the common areas. All development will meet and enhance LDC Division 2.8, Architectural and Site Design Standards and Guidelines, and those specific requirements listed below that are requirements of the Golden Gate Commercial In-fill Subdistrict. 1. All buildings shall have tile or metal roofs, or decorative parapet walls above the roofline, and buildings shall be finished in light subdued colors except for decorative trim. 2. All lighting facilities shall be architecturally-designed, and limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. 2.16 LANDSCAPING,BERMS,FENCES AND WALLS Anew Landscaping, berms, fences and walls are permitted as a principal use throughout Colonades at Santa Barbara CPUD. Required buffer treatments shall comply with the Collier County LDC and the Collier County Comprehensive Plan Amendment CP-2000-7 adopted by Ordinance No. 2000-12 on March 17,2001. The following standards shall apply: A. Landscape buffers contiguous to right-of-ways: 1. Minimum width of 25' measured from the property line. The minimum number of required trees shall be calculated at 1 tree per 25' linear feet. Plantings shall not be required to be planted on 25' centers in a linear manner, but may be clustered or planted in irregular patterns to provide greater buffers in certain areas and to provide enhancements of key project features. 2. The height of required trees within the buffers shall be 12' on average. Canopy trees shall have a 6' canopy spread at the time of planting. 3. Hedges, where required by the Collier County Land Development Code (LDC) shall be installed in accordance with LDC Division 2.4, Landscaping and Buffering,except as provide in Section 2.16.4. 4. The developer must provide a berm and wall/fence combination along the northern property boundary at a total height of seven feet (7'). A concrete block wall will be constructed from the eastern boundary of the property (;:\Current\D6c 4'm\I'('D Reznnes\Qdonad (m Santa Barbara i'UP.AR-1332\1'UD documents\revLad per BCC 5-25-04.doc 2-6 Page 16 of 30 westward to twenty-five feet (25') past the required thirty-five foot (35') buffer. A green chain link fence must be constructed from the end of the concrete block wall to the western boundary. The fence/walI combination will be constructed five (5) feet inside the subject property. The developer must plant a hedge on the north side of the wall and fence that will reach the height of the wall and fence within one (1)year of planting. 5. At the commencement of site clearing, the developer of Colonades at Santa Barbara must construct a temporary fence along the northern property boundary which will provide screening from the.construction. B. The northern seventy-five (75) feet of the western sixty (60) percent of the site less those areas reserved for Santa Barbara road rights-of-way and easements, shall be a green area (open space area). It shall be utilized for only water management facilities, landscape buffers, and similar uses. C. The western sixty (60) percent of the site shall have an outdoor pedestrian- friendly patio area(s), that total at least five hundred (500) square feet in area and incorporate a minimum of: benches or seating areas for at least twelve (12) persons, and vegetative shading, and a water fall or water feature of at least one hundred (100) square feet in area, and brick pavers. The patio area will be designed such that utilities are not located within the pedestrian friendly area. D. A twenty-five (25) foot wide landscaped strip shall be provided along the entire frontage of both Golden Gate Parkway and Santa Barbara Boulevard. E. A minimum buffer of thirty-five (35) feet in width shall be provided along the project's western boundary and along the eastern forty (40) percent of the project's northern boundary. A minimum buffer of fifty (50) feet in width shall be provided along the western sixty (60) percent of the project's northern boundary. Where feasible, existing native vegetation shall be retained within these buffers along the project's western and northern boundaries. These buffers shall be supplemented with Oak or Mahogany trees planted a maximum of twenty (20) feet apart in a staggered manner; and a seven (7) foot wall, fence, or hedge that will, within two (2) years of planting, grow to a minimum height of seven (7) feet and be a minimum of ninety-five (95) percent opaque. When feasible, a hedge in lieu of a wall or fence will be provided. F. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Colonades at Santa Barbara CPUD boundary concurrent with site development. G. Sidewalks, signage, water management etc. shall be permitted within landscape buffers,per the LDC. • 2.17 SIGNAGE A. GENERAL G:lCurrent\D.sekm\PUD ReznnesU:nlonades C+Santa Barham PUD.AR-4332 1PUD document\rend per!3CC 5-254b4.doc 2-7 Page 17 of 30 1. All ground mounted project and freestanding use signs shall be of consistent architectural style and shall feature like building materials and sign structures. Sign structures will be uniform in size, color, and building material. Pole signs shall be prohibited. All signage shall be consistent with Section 2.5 and Section 2.2.21 of the LDC. 2. Pursuant to Sections 2.8.3.6.2.1 of the LDC, the following conditions provide for the required comprehensive sign plan for the Colonades at Santa Barbara CPUD. All sign regulation, pursuant to Collier County Division 2.5 shall apply unless such regulations are in conflict with any conditions established in this CPUD, in which case the CPUD Document shall govern. a) Signs and decorative landscaped entrance features within a County dedicated right-of-way shall require a right-of way permit subject to the review and approval of the County. b) A minimum setback of 5' from edge of pavement shall be required, except that no sign shall be located so as to create a vehicular line of site obstruction. c) All project sign structures may feature architectural treatments, which shall be permitted to extend above the maximum height of the sign specified herein. B. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, and speed limit signs, may be designed to reflect an alternative specification and common architectural theme upon approval by the Development Services Director, in accordance with Section 3.2.8.3.19.of the LDC. 2.18 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Colonades at Santa Barbara CPUD. General permitted uses are those uses,which generally serve the Developer and tenants of Colonades at Santa Barbara CPUD and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC,Section 2.6.9.1. 2. Water management facilities and related structures. 3. Architectural features and elements including walls, fences, arbors, gazebos and the like. (7:1Cuerent'De. em\l'UI)Rezones Colonades c. Sans Barbara I'UI).AR-4332U'U[)documents1revised per BCC 5-25-04.doc 2-8 Page 18 of 30 ._.— 4. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, subject to Section 2.6.33.4 of the LDC. 5. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.18 of this CPUD. 6. Pedestrian pathways 7. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 2.19 DEVIATIONS AND SUBSTITUTIONS A. From LDC Section 2.2.21.3.2 (Corridor Management Overlay) which required a minimum yard (building setback) of 50' for parcels along Golden Gate Parkway to permit a minimum yard (building setback) of 40' (see Section 3.4.C.l.a). This deviation is permitted due to the proposed additional right-of-way taking of 9.1' for expansion of Golden Gate Parkway. CIACurrent\DeselemU'UD Rerones1Colnnades<?Santa Barbara l'UD.AR-43321PUD drum entshevlsed per 13CC 5-25-O&Anc 2-9 Page 19 of 30 SECTION III OFFICE DISTRICT «O 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Colonades at Santa Barbara CPUD designated Commercial on the Master Plan. 3.2 GENERAL DESCRIPTION A. Areas designated as Office on the CPUD Master Plan are intended to provide a maximum of 35,000 square feet (gross leasable area) of office uses as conceptually depicted on the Master Plan. B. No one building may exceed 25,000 square feet in gross leasable floor area. C. No business may be open to the public after 9 p.m. D. Overnight parking of vehicles and equipment is prohibited. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Security and commodity brokers, dealers, exchange and services (6211- 6289) 2. Insurance Carriers and agents (6311-6399,6411) 3. Real estate(6512-6553) 4. Holding and other investment offices (6712-6799) 5. Tax return preparation (7291) 6. Business services (7311, 7322-7331, 7336, 7338, 7371-7376, and 7379 (including only those business services conducted in an office area)) 7. Health services (8011-8049, 8071-8092) (8082, only those services conducted in an office area.) 8. Legal Services (8111) 9. Engineering, accounting, research, management and related services (8711- 8733—except 8713 uses are prohibited,8741-8743, 8748) 10. Executive Offices (9111) 11. Executive and Legislative Offices(9111, 9131) • B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Accessory apothecary facility only in conjunction with medical office. C:\Cur ent\De.elcm'PUD Rezone:AColnnades Or Santa Barbara PUD.AR3i3aPUD docununts\rcvied per BCC 5-25-04,doc 3-1 Page 20 of 30 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 S.F. for fee simple lots; however, there shall be no minimum lot area for condominium parcels. B. Minimum Lot Width: 50 FT. for fee simple lots; however, there shall be no minimum lot area for condominium parcels. C. Minimum Yard Requirements: 1. Principal Structure Setbacks: a) Golden Gate Parkway:Forty feet(40') b) Santa Barbara Blvd: Twenty-five feet(25') c) Internal Frontage Drives: Five feet(5') d) Distance Between Free Standing Uses: Thirty feet(30') e) Minimum Building Setback from Non-Right-of-Way Perimeter Project Boundary of CPUD: i• One hundred feet(100')from the north boundary. ii. Thirty-five feet(35')from the west boundary. f) Preserve Boundary: Twenty-five feet(25') 2) Accessory Structure Setbacks: a). One hundred feet (100') from the north boundary, except that a gazebo, water feature and similar open space uses may be located up to 50' from northern boundary. b). Thirty-five feet(35')from the west boundary. c). Preserve boundary Ten feet(10'). d). Road ROW:Twenty-five feet(25') D. Maximum Height: 1. Office Buildings: One story,not to exceed thirty-five feet(35'). 2. Accessory Structure: Thirty-five feet (35'), except as limited by Section 2.15 B.2. 3. Architectural features: Forty-five feet(45') G:\Cu rent Desch=PUD Re7nne5\Cnlonadec tm Santa Barbara PUD.AR_3332U UD documcutcrteiced per BCC S25-04.doc 3_2 Page 21 of 30 3. Architectural features: Forty-five feet(45') • ,]d1.6 AY rtrt5S,WOMrid16t 70 Imp 4 O[ 3-3 Page 22 of 30 SECTION IV PRESERVE DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Colonades at Santa Barbara CPUD community designated on the Master Plan as the Preserve District. 4.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems. 4.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, in whole or in part for other than the following, subject to Regional, State and Federal permits when required; A. Principal Uses 1. Passive recreational areas, boardwalks. 2. Nature trails. 3. Landscape buffers. 4. Drainage, water management, subject to all needed permits. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 4.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.9, of the Collier County Land Development Code. B. Maximum height of structures—Twenty-five feet (25'). Ci'1Current\i). ewUPUI)Re]nncs\Colonadrs('Santa Barham PCD.AR-433211'Lrl)docunknts\n:ri ud per BCC 5-25-04.dne 4-I Page 23 of 30 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this CPUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Collier County Land Development Code shall apply to this project, even if the land within the CPUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the CPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the Developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 5.3 CPUD MASTER DEVELOPMENT PLAN A. Exhibit "A," CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. CI:lCurrent\Deselem\PUD Rerones\CoIonadss Co Santa Barbara PUl).AR-43321'UI)decumentslrermed per BCC 5-25-03.doc 5-I Page 24 of 30 -z—� 6 i .1 II; ~_j o s.,N 2 U EL1 L,o L 1411 b �;r.0 c, "Cr CD z tai J: ii -d 111 _' �: �� I OaVA-TWO O VNYONVO V1NY5 a,..o......,..0 e . I I il — _.alm z___. . I I I E i i!1 'I _.., ii f N Ei •11► _ N( I MU VI /;1; 1 ' Li ►. I 1 I _ I)• • ' IIILii ' ' • ../I ' 1 1111 :==11 i '• :t r1 1 I 1111rrrr0 i lit ►. L 1 : i .1 H � A ... • -;-•1 11 v1 r i I I �i i Ili 1r II r*••r. n it ►. 1 I, b f... .. . . • .,...L.;: 'I t v TIONAL ONLY i4 1 I Ifi UDZ-2403-AR-4332 i 4 ROJECT#2003020038 in Ild£r:sC£0 POOVZ /£0 11610170-£1-14840' •'•'..,*. -, ATE: 3/4/04 Exhibit A '"i' cVT �''ur Page 25 of 30 i 5 ■ I y i 1 �5 I} I f 1 t� _g I . Iii 11311 II . ,.443 y a a it jjjJjjjjjjjj ;jJj `: t g - A NU. 11 awAg7aoa IW Z e• Znn 1.03,I QYW _ a.J>•o l YJf flit/JIYJ1dYJ AII�.gY a 4 1 y1 r i i i 1Y v r ' Ii r N.t b r S I. 1 `E 1 R Q 1 1. 1 m 6" F' R Pi . t N J a O co aM4 o fig- o it 1 Y ° Q° r,. w . � am' U M rig OA wAN I I ag Pry Cy Z. I p.1.ores t arrrae w E 11 I I 2r?our r.oc�Jm r �I 1 i I '. I I I. ti ill 1 J� ' Ike i I Exhibit B tifii��I ifil..1 hail�III • . .. _ - - .o • . .. Page 26 of 30 p� ••■ 1• O VANDERBILT BEACH ROAD --. ISLAND WALK PUD VANDERBILT COUNTRY CLUB Itt F) . Z I. 4,i ::a GOLF COUNTRY 111 I a n. w in• PINE RIDGE ROAD a U t D a GOLDEN KENSINGTON CATE PARK • GOLDEN ESTATES PUD � BATE ESTATES O n I m G . m AKS RAY PUD ? H GOLD a GATE CITY BEN GATE PARKWAY AIMIIIIII - 1 . • • • � EXHiBIT " C " • LOCAT/ ON MAP . • -- -- - - — —. .. Page 27 of 30 \ . • EXHIBIT " D " • Legal Description • Tract 112, Golden Gate Estates Unit No. 30, as Recorded in Plat Book 7, Page 58 of the Public Records of Collier County. • • N t� Page 28 of 30 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 2004-35 Which was adopted by the Board of County Commissioners on the 25th day of May 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of May, 2004 . DWIGHT E. BROgIO •••"""••.,,3i. Clerk of Coup .;. ►r .er'k w Ex-officio 7; County Commigtp ; ;;ti,jam• ' 44./-ciee Alt;441-744,....\4:,,- By: Linda A. Houtzer Deputy Clerk • Page 29 of 30 II RESOLUTION 2007-270 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, AFFECTING ORDINANCE 04-35 KNOWN AS THE COLONAbES AT SANTA BARBARA PUD,BY EXTENDING THE CTDRRENT PUD APPROVAL TO MAY 25,2009; AND PROVIDING AN EIVECTIVE DATE. WHEREAS,the Colonades at Santa Barbara CPUD, Ordinance iO4-35, adopted on May 25, 2004, is subject to the provisions of Section 10.02.13.D. of the Land Development Code (LDC), Time limits for approved PUDs,together with their respective Master Plans;and WHEREAS, this CPUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan;and WHEREAS, the Board of County Commissioners has reviewed the PUD extension request submitted by D.Wayne Arnold,AICP,on behalf of Naples Venture II,LLC,Petition No. PUDEX-2007-AR-11781, and has determined to extend the currenf PUD Zoning for an additional two years until May 25,2009. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02.13.D.of the LDC. 3. Pursuant to Section 10.02.13.D. of the LDC,the current PUD approval is hereby extended to May 25,2009. 4. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and super-majority vote, this 25/day of t,14-0.4t4;2007. ATTEST:.f BOARD OF COUNTY COMMISSIONERS DWI: )i'i'E:BR.O'Ct{,CLERK COLLIER COUNTY,:FLORIDA 1� L Ale By: <<.'� .�: jt ?� y :i5: O:cha f r*Witt'Clerk J ,L .14NtCUrit Qai i1, Ap v o - 1••s t' firm an. le!: .1 Je ii r y A.K1.'zkow M, aging A f istant County Attorney Page 30 of 30 Co e-r County DATE: December 20, 2012 TO: Board of County Commissioners FROM: Planning&Zoning Department, Comprehensive Planning Section SUBJECT: BCC Advertisements for the 2011 Small Scale Adoption amendment (PL20110000769) Due to the timing of the advertisement and the upcoming holiday, we have yet to receive the "Certified Affidavit" of advertisement from the Naples Daily News newspaper. The advertisement appeared in the newspaper on Wednesday, December 19,2012, or 20 days prior to hearing. Therefore please find enclosed copy of the (uncertified)advertisement as posted. Upon receipt of the "Certified Affidavit", it will be included in the packets being forwarded to the Florida Department of Economic Opportunity, and including required State agencies, for their review of the 2011 Small Scale "Adoption'amendment. Planning & Zoning Department Comprehensive Planning Section PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tues- day, January 08, 2013 in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center,3299 E.Tamiami Trail,Naples,to consider the Transmittal of the following County Ordinance,for an Adoption amendment to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on an amendment to the Golden Gate Area Master Plan Element and Golden Gate Area Master Plan Map and Map Series;for transmittal to the Florida Department of Economic Opportunity. The ORDINANCE title is as follows: ORDINANCE NO.13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMEND- ING ORDINANCE NO.89-05,AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES BY AMENDING THE GOLDEN GATE ESTATES COMMERCIAL INFILL SUBDISTRICT BY CHANGING THE NAME TO GOLDEN GATE ESTATES COMMERCIAL AND INSTITUTIONAL SUBDISTRICT,BY ADDING 2.8 ACRES TO THE EXISTING 6.8±ACRE INFILL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND GOLDEN GATE PARKWAY IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST;BY ADDING GROUP HOUSING FOR SENIORS AND REVISING STANDARDS;AND FURTHER- MORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. PL201 1 0000 7 69/CPSS-2011-2,A Petition requesting a Small Scale Amendment to the Golden Gate Area Master Plan and the Golden Gate Area Master Plan Future Land Use Map and Mao Series by amending the"Golden Gate Estates Commercial Infill Subdistrict",to add a 2.8±acre parcel of land; add Senior Housing, including Independent Living Units,Assisted Living Facilities,Congregate Care Facilities,Continuing Care Retirement Communities,Skilled Nursing Facilities and similar uses,not to exceed a maximum F.A.R.of 0.45;retain medical office use,not to exceed a maximum of 5,000 square feet;revise setback and buffering standards;remove requirement for an outdoor patio;and revise the Subdistrict name to "Golden Gate Estates Commercial and Institutional Infill Subdistrict". The subject property is located in the northwest quadrant of Golden Gate Parkway and Santa Barbara Boulevard,in Section 29,Township 49 South,Range 26 East,Collier County,Florida.[Coordinator:Michele Mosca,AICP,Principal Planner] Collier County Florida wo „mac -- w CP6,20112 H \1l + *� D WV, All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amend- ment will be made available for inspection at the Planning and Zoning Department,Comprehensive Planning Section, 2800 N.Horseshoe Dr.,Naples,FL.between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,fourth floor, suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,January 08,2013,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Manage- ment Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS-COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK By: Martha Vergara-Deputy Clerk(SEAL) No.231195041 December 19,2012 NAPLES DAILY NEWS `NOTICE Published Daily T Naples,FL 3411 O ■tens . ea un utter Affidavit of Publication oda d t dope: is meeting on State of Florida , Mini Fier. Melons e..64 Counties of Collier and Lee to transmit .....,• tAariagetnent rite eat-oleic we land Use Before the undersigned they serve as the authority,personally appeared_Lynn Schneider, who on oath says that she serves as . . mom, Order Entry Data Specialist of the Naples Daily News,a daily kwtrrr A newspaper published at Naples, in Collier County, Florida; Sore* cO n D-»tea • distributed in Collier and Lee counties of Florida; that the piano WEND- attached copy of the advertising,being a ICY, v e ,mot 4,:G a......--�H .+. a AND PUBLIC NOTICE 'demo^e- YAD[S- aa.eaocad. :RtYtORE ' le coawezca raIDA BE- in the matter of PUBLIC NOTICE •• •• >fROwD: -_ . .... - de ta,a ego- . toned he- Wan Gate Area Oat unidate �!amending the was published in said newspaper I time in the issue b bup Houskig for on August 31 2012 files,conr�ing b . '=ao°t15P t taw mrp,. iflRnwn FAR.of ce. ck and buffering NO Gate Estates Affiant further says that the said Naples Daily News is a newspaper : &d: wsce>n vest quadrant of published at Naples,in said Collier County,Florida, and that the said }_1' "ma'"'"r"'°"d�`°l` I zeEasi.couer UIIdn aIMe newspaper has heretofore been continuously published in said Collier t -Tat ` County, Florida;distributed in Collier and Lee counties of Florida, 0 an er lik each day and has been entered as second class mail matter at the post ley wand, eteadateaddpeenieorioorosibessieffande office in Naples,in said Collier County,Florida,for a period of 1 year next preceding the first publication of the attached copy of l advertisement; and affiant further says that he has neither paid nor quo 1 promised any person, firm or corporation any discount,rebate, : t aaaanta y Par duelleseeneneniande-o-riodeian-iie-nta commission or refund for the purpose of securing this advertisement for - publication the said newspaper. ,a oat. dense ter, ,..._tanglement Plan �. y aster irrJso, ent,CiOtTipretien+ 1` "`2-"4*44e„#e,'01 1' , ts;;e� oo Diu r�ton,,y tlt a catltity t k'S (Signat&e of affiant) w in tastes,one weak { to tea villa. sa^.rr K tg t iS . 1 1 >s der stead yy�n' - `Yµ '1GtSalr. :tElj 10 the�`.Ofn- . .capeOdad too LianYAO Cse A LOS MGRESOS Es. iPat to Ttlursday, asio ss dsY_ TAIRLES.—_�r'ente aaarm dsmnx en i ti+ia paw t ",-6.4.e dtnsma cyOka.n at. 1611 !soh wi h respect Sworn to and sul scribed before me ,.dean Se d t8ehs t11 Par el olio Iira-.t 70t.-mss Na •and for suC11 Th4th day c eptt�ember,2012 - "°.°°n'e cord includes the Al eLL j axRneraar R'advatmta a taa Yeomans+.staraiea ee- di 15i eear t^'WV'S iOntnta et abO fiscal 2Gt9-2Qi( !ea'l3ldas •n am;�_ 011 t honass al — w dM t this ptO0e6d1 , 1414,4;4 a deaeu•n• le tiler col iii thodnalente IaA/asos*statutes u Saban s sin mania re 34112-5358, (Signature of notary public) --tea a a - - dined°por 20/ ..ea a due in Yui- aYdi�ade 4 dd I e Wtennes at�.c_ oQ aucure mi__---eo tea.5+,.� threw pan ce Pere at_aso fiscal 2016.2017 Ida for wit in- • at time*, Judi*N I sidanCie-ai 2a1 6.2a16 nu.e+..ne _• mesas ana "must 31.204 .. ..__ "'aa•mtaa tat Para a1 a++a tier ll tar F 2a 9 Fa= .V' CAROL PAWN= my cOl SION it EE 45538 ies J_pAZtr...,,. = EXPfftES:.aN�ovvember*20.14 ' 'n k:• acftdstiThar eedInstaOaCsAvow PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE .NAIPL SDAIIYNEWS E OTOCE OF P ,tLOC HE i ,—,EI( �a it Published Daily JGpp pg Naples,FL 34110 iC! ;�TOLE tiii F III TENT TO ON TENT TO •Affidavit of ublicatio ©O 1Sll r=; A ©I *EN,?++; CE. : Notice is hereby given that the Collier County Planning Commission(CCPC)will hold a public meeting on ID Thursday,September_20,2012 at 9:00 A.M.in the Board of County Commissioners Chamber,Third Floor, State of Florida County Government Center,3299 East Tarniami Trail,Naples,FL. • Counties of Collier and Lee The purpose of the hearing is to consider recommendation to the Board of County Commissioners to transmit to the Florida Department of Economic Opportunity(OEO}the adoption of a Small Scale Growth Management Plan amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Before the undersigned they serve as the Map and Map Series.The ordinance title is as follows: ORDINANCE NO.12- appeared Lynn Schneider, who an oath AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, Order Entry Data Specialist of the Naple' • FLORIDA AMENDING ORDINANCE'NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF.COLLIER COUNTY, newspaper published at Naples, .in Col FLORIDA SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLD- distributeXl in COI1ieT and Lee counties O: EN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES BY AMEND- INGTHE GOLDEN GATE ESTATES COMMERCIAL INFILL SUBDISTRICT BY CHANGING THE attached copy of the advertising,being NAME TO GOLDEN GATE ESTATES COMMERCIAL AND.INSTITUTIONAL SUBDISTRICT,BY ADDING 2.8 ACRES TO THE EXISTING 8.8 a ACRE INFILL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND . PUBLIC NOTICE GOLDEN GATE PARKWAY IN SECTION 29,TOWNSHIP 49 SOUTH,RANGE 28 EAST;BY ADD- ING GROUP HOUSING FOR SENIORS AND REVISING STANDARDS;AND FURTHERMORE ■ RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DE- • PARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILITY AND PROVID- in the matter of PUBLIC NOTICE .ING FOR AN EFFECTIVE DATE. PL20110000769/CPSS-2012-2,A Petition requesting a Small Scale Amendment to the Golden Gate Area _Master Plan and the Golden Gate Area Master Plan Future Land Lisa Map-and Map Series by amending the was published in said newspaper 1 time i "Golden Gate Estates Commercial INN Subdistrict",to add a 2.8 a acre parcel of land;add Group Housing for • i on August 31, 2012 Seniors,including Independent Living Units,Assisted Living Facilities,Congregate Care Facilities,Continuing Care Retirement Communities:Skiled Nursing Facilities and similar uses,not to exceed a maximum FAR.of I • • 0,45;retain medical office use,not to exceed a maximum of 5,000 square feet revise setback arid buffering standards;remove requirement for an outdoor patio;and revise the Subdistrict name to"Golden Gate Estates . Affiant further says that the said Naple; Commercial and Institutional mull Subdistrict". The subject property is located in the northwest quadrant of • Golden Gate Parkway published at Naples,in said Collier Cow County,Florida,(Coordinator dtMiche a Maser AAllCF Principal Plante 49 South.Range 26 East,Collier newspaper has heretofore been continuo ‘; • -.. 1 i • County, Florida; distributed in Collier ax • l* i,,.., "' • '' IDeach day and has been entered as second t ,�. "'�" office in Naples, in said Collier County * # • I year next preceding the first publics# 1fliyl` - . advertisement; and a:Gant further says '"° `�� °""" a" I • promised any person, firm or corpora commission or refund for the purpose of ~: .. i publication in the said newspaper. � Al Interested parties are invited to appear and be heard. Copies of,the proposed Growth Management Plan )f? gZ r � Amendment N be made 0 N.14.1..014Services�.,Naples,between the boos of 8:00 A.M.arm 5:00 P.M..Monday through Friday.Furthermore the materials wil be made available for inspection at the Caller County Clerk's (c'clo,�'1at4e Of affiant) Office,Fourth floor,Collier County Government Center'329k East Tamiami Trail,Suite 401 Naples,one week prior to the scheduled hearing.My questions pertaining to the documents should be directed to the Coin- . prehensive Planning Section.-Written comments filed with the Clerk to the Board's Office prior to Thursday, September 20,2012,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Cosier County Planning Commission with respect • Sworn to and subs2riibed before me to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such The 4th day .Sep bet,201 • purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the &LULL f testimony and evidence upon which the appeal iss to be based.j if you are a person with a disabilty who needs any accommodation in order to participate in this J/�� � / /�,�} fading,OA ,iS1 . } you are entiHed,at no cost to you,to the provision of.certain assistance. Please contact the Coker County Facilities Management Depertment,.iocated at 3335 Tamiami Trail East,Suite 101.Naples,FL 34112-5356, . (Signature of notary public) (239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are, .available in the Board of County Commissioners Office. Collier County Planning Commission Mark P.Strain,Chairman Naples,FL ' • • •No.2401 92944 ' August x1.2012 . 1"---;,si;u, CAROL PAWUNEIGI • e • Mil 001441%10N 4 EE 45538 ap , li 9Ex X P4 I :R NdlMard trbnat aa 2 2A0q ; PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Planning Commission(CCPC)will hold a public meeting on Thursday,September 20,2012 at 9:00 A.M.in the Board of County Commissioners Chamber,Third Floor, County Government Center,3299 East Tamiami Trail,Naples,FL. The purpose of the hearing is to consider recommendation to the Board of County Commissioners to transmit to the Florida Department of Economic Opportunity(DEO)the adoption of a Small Scale Growth Management Plan amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series.The ordinance title is as follows: ORDINANCE NO.12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLD- EN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES BY AMEND- ING THE GOLDEN GATE ESTATES COMMERCIAL INFILL SUBDISTRICT BY CHANGING THE NAME TO GOLDEN GATE ESTATES COMMERCIAL AND INSTITUTIONAL SUBDISTRICT,BY ADDING 2.8 ACRES TO THE EXISTING 6.8 t ACRE INFILL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND GOLDEN GATE PARKWAY IN SECTION 29,TOWNSHIP 49 SOUTH,RANGE 26 EAST;BY ADD- ING GROUP HOUSING FOR SENIORS AND REVISING STANDARDS;AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DE- PARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILITY AND PROVID- ING FOR AN EFFECTIVE DATE. PL20110000769/CPSS-2012-2,A Petition requesting a Small Scale Amendment to the Golden Gate Area Master Plan and the Golden Gate Area Master Plan Future Land Use Map and Map Series by amending the "Golden Gate Estates Commercial Infill Subdistrict",to add a 2.8±acre parcel of land;add Group Housing for Seniors,including Independent Living Units,Assisted Living Facilities,Congregate Care Facilities,Continuing Care Retirement Communities,Skilled Nursing Facilities and similar uses,not to exceed a maximum F.A.R.of 0.45;retain medical office use,not to exceed a maximum of 5,000 square feet;revise setback and buffering standards;remove requirement for an outdoor patio;and revise the Subdistrict name to"Golden Gate Estates Commercial and Institutional Infill Subdistrict". The subject property is located in the northwest quadrant of Golden Gate Parkway and Santa Barbara Boulevard,in Section 29,Township 49 South,Range 26 East,Collier County,Florida.[Coordinator:Michele Mosca,AICP,Principal Planner] INNS frCPS a_.. All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Development Services Department,Comprehen- sive Planning Section,2800 N.Horseshoe Dr.,Naples,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,Fourth floor,Collier County Government Center,3299 East Tamiami Trail,Suite 401 Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Com- prehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Thursday, September 20,2012,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356, (239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark P.Strain,Chairman Naples,FL No.240192944 August 31.2012 EXECUTIVE SUMMARY Recommendation to approve the 2012 Cycle of Growth Management Plan Amendments for transmittal to the Florida Department of Economic Opportunity for review and objections, recommendations and comments (ORC) response. (Transmittal Hearing) (Companion to Agenda item 17.B., SE-PL20120002580, Gordon River Greenway Park Scrivener's Error) OBJECTIVE: For the Board of County Commissioners to review the 2012 cycle of amendments to the Collier County Growth Management Plan (GMP) and consider approving said amendments for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing for the 2012 cycle petitions on November 1, 2012 (petitions CP-2012-1 and CP-2012-3). • This Transmittal hearing for the 2012 cycle considers amendments to the Future Land Use Element and Future Land Use Map. Note: Because the support materials are voluminous, and some exhibits are oversized, the Agenda Central system does not contain all of the related documents pertaining to these GMP amendment petitions. The entire Executive Summary package, including all support materials, is included in the binders provided separately to the BCC specifically for the 2012 cycle of GMP amendment petitions (and one 2011 "small scale" GMP amendment). The complete binder is available for review in the Comprehensive Planning Section office at 2800 North Horseshoe Drive, Naples, as well as in the Clerk of Courts/Minutes and Records office at 3299 Tamiami Trail East, Suite 401. Petition PL20120000371/CP-2012-1 is a petition submitted on behalf of the Collier County Parks and Recreation Department requesting an amendment to the Future Land Use Map to change the designation from Urban-Mixed Use District/Urban Residential Subdistrict to Conservation designation, for the +123.6-acre County-owned Gordon River Greenway Park. The site is located on the east and west sides of the Gordon River, on the south side of Golden Gate Parkway, and on the east side of Goodlette-Frank Road, in Sections 27 and 34, Township 49 South, Range 25 East. The purpose of the re-designation is to fulfill a requirement of the State, which financed the acquisition of the site, to change the designation to "open space, conservation or outdoor recreation use." The subject site was rezoned to P, Public Use, zoning district on July 26, 2011 via Ordinance No. 2011-25, which limits the site to "public park use"; the petition was presented as a passive park but was not explicitly restricted as such. As the Conservation designation limits park uses to "passive parks, and other passive recreational uses," the rezone Ordinance 2011-25 needs to be amended to reflect "passive" park use so as to avoid an inconsistency between the zoning and proposed Conservation designation. This is occurring via a scrivener's error ordinance at this same Board hearing. 1 Petition PL20120001213/CP-2012-3 is a petition submitted by the Bayshore/Gateway Triangle Community Redevelopment Agency (CRA) requesting amendments to the Bayshore/Gateway Triangle Revelopment Overlay (B/GTRO) in the Future Land Use Element (FLUE) to: a) expand the area within the B/GTRO subject to the density bonus for mixed use developments; b) add an allowance for residential-only projects to utilize the density bonus; c) add an explanation of the density bonus calculation; d) and, delete the development standards; and, to add cross references to other FLUE provisions. In 2000, the CRA was established, a redevelopment plan was approved for the area, and the B/GTRO was adopted into the GMP. The purpose of the B/GTRO was (and is) to encourage the revitalization of this area and provide incentives to the private sector to do so. The Overlay provides for a bonus density pool of 388 dwelling units, derived from the then residential zoning of the site of the Botanical Gardens, which may be awarded to mixed use projects as an incentive. Utilization of this bonus density pool results in a reallocation of those 388 dwelling units rather than an increase of density as typically occurs thru the rezone process under the Density Rating System in the FLUE. Two zoning overlays have been established in the Collier County Land Development Code (LDC) to implement the B/GTRO. As provided for in the B/GTRO, the bonus units may be awarded by the Board [via approval of a Mixed Use Project (MUP) petition] until all 388 bonus density pool units are awarded. The proposed amendment does not change the B/GTRO boundaries, and does not change the bonus density pool unit total — it remains at 388 units. The amendment does expand the area within the existing B/GTRO boundaries that is eligible to use the bonus density pool for mixed use projects, with the same cap at 12 dwelling units per acre (DU/A), and introduces a new allowance for residential-only projects to use the bonus density pool, with a cap of 8 DU/A. The internally expanded area is to the north side of Davis Blvd., the east side of Airport-Pulling Road, and into the Mixed Use Activity Center#16 centered around the US 41 East/Airport-Pulling Road intersection. The LDC (Sec. 4.02.16 & 4.02.35) contains the same development standards as are found in the B/GTRO and proposed for deletion. Having these standards in the LDC only allows for a site- specific request for deviation or variance, which can be evaluated on a case by case basis. There are no such deviation or variance provisions to GMP requirements and limitations (except as specifically provided for in state law or Rule, e.g. Area of Critical State Concern). FISCAL IMPACT: There are fiscal impacts to Collier County as a result of these two amendments. Petition CP-2012-1 is for County-owned property; the County (Parks and Recreation Dept.) will be responsible for the cost of associated legal advertising at the Adoption hearings (the petition fee, and legal ad costs for Transmittal hearings, have already been paid). Petition CP-2012- 3 was initiated by the Bayshore/Gateway Triangle CRA, as previously authorized; the County (CRA) will be responsible for the cost of associated legal advertising at the Adoption hearings as well as staff time spent to process and review this petition (legal ad costs for Transmittal hearings have already been paid). Also, a subsequent LDC amendment may be necessary to implement petition CP-2012-3. If so, that LDC amendment would be prepared using existing staff resources and the existing budget would be used to pay for any required legal advertising. Final action is not being taken at this time as these GMP amendments are not being considered for adoption at this 2 hearing. If approved for transmittal, these amendments will subsequently be considered for adoption at hearings to be held later in 2013. LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. A majority vote of the Board is needed for transmittal to DEO. --HFAC GROWTH MANAGEMENT IMPACT: Approval of these proposed amendments by the Board for Transmittal to the Florida Department of Economic Opportunity will commence the Department's thirty-day (30) review process and ultimately return these amendments to the Planning Commission and the Board for final Adoption hearings to be held later in 2013. ENVIRONMENTAL ISSUES: The site of petition CP-2012-1 contains jurisdictional wetlands, and listed plant and/or animal species may occur on site. However, the amendment is to change the future land use designation to Conservation, a more restrictive designation. Further, as part of the process of obtaining subsequent development orders (e.g. site development plan), the site will be subject to all applicable local, state and federal environmental protection regulations, including applicable portions of the Conservation and Coastal Management Element of the Growth Management Plan, and the Land Development Code. Petition CP-2012-3 is not site-specific. HISTORICAL/ARCHAEOLOGICAL IMPACT: Regarding petition CP-2012-1, that site is not identified on the County's Historical/Archeological Probability Maps as being in an area of historical or archaeological probability, and the Florida Department of State is of the opinion that the site does not appear eligible for listing on the National Register of Historic Places. STAFF RECOMMENDATION: That the CCPC forward petitions CP-2012-1 and CP-2012-3 to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC forwarded petitions CP-2012-1 and CP-2012-3 to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity (vote: 8/0 on each petition). There were no public speakers on either petition. Prepared by: David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CP-2012-1 CCPC Staff Report; 2) CP-2012-1 Resolution with Exhibit "A" Map; 3) CP-2012-3 CCPC Staff Report; 4) CP-2012-3 Resolution with Exhibit"A" Text Executive Summary Transmittal 2012 Cycle GMPAs G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2012 Cycle Petitions\BCC Transmittal dw/11-7821-12 and 12-10-12 3 RESOLUTION NO. 13- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT FUTURE LAND USE MAP AND MAP SERIES TO CHANGE THE DESIGNATION OF THE GORDON RIVER GREENWAY PARK TO THE CONSERVATION DESIGNATION, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985,was required to prepare and adopt a comprehensive plan;and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989;and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans;and WHEREAS, Collier County has initiated an amendment to the Future Land Use Map and Map Series to change the designation of the Gordon River Greenway to the conservation designation; and WHEREAS, on November 1, 2012,the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by.Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners;and WHEREAS, on January 8, 2013,the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184,F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO).have thirty(30)days to review the proposed amendment and DEO must transmit,in writing,to Collier County its comments within said thirty(30)days pursuant to Section 163.3184,F.S.;and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty(180)days of such receipt pursuant to Section 163.3184,F.S.;and Words underlined are additions; Words sirciek4fireugh are deletions 1 *** *** *** *** are a break in text WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3),F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this day of January, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA BY: , Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legal sufficiency: (Itv ■ Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" PL20120000371/CP-2012-1 CP\12-CMP-00863\13—rev. 12/13/12 Words underlined are additions; Words struck through are deletions 2 *** *** *** *** are a break in text p T 48 S T 47 S T 48 S T 49 S 1 T 50 S 1 T 51 S I T 52 S 1 T 53 S 1 N _ o z 1 2gg riVEM s s i $ a s a a a - LL z i @ g " - ; Will :8 Bf 8"`° m."N nm: aS 41n 5 El' z 8 m W o Y < , W < . , . _ . d= 8: 4R 12 4S o MR dR E b o w 8 °°e : P. o d1, �O y k o o W W ° :° °€ G ¢ < Ndy i d '<o o s - p 8 z z z 4684 °: d= ° 8d =v=d6 d oa Bd wE Wb egb Wd S a" i = - m > 0 t g2 d gg h 'I 8g' W i5 < 3 < 3 8 < 3 3 l < < 1V= _° _ i °b P i_ i_. I—- d 1 < N MLL $ Y!o . :E 4 m 3 A18800 021V8OHO - A1Nf100 30VO it il a_ Y W U iS � F3 p i i D gi 3 S k / W oi■❑ o ❑H . 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'�' — y v !ED t 4444: .•.¢:•yx, �"' v�r 3 co 44 0 o E127-11 Vii rg-11► `0 7 fl m Z q¢� �i♦h s/ gat 0 a W o ¢� MD Q N N O Q `„ ■ lifki.7/, // Y' t,,,,2.:l ~ a6 g _! Ali — W U :VIA H CO rirtei�f A/ 'j o gad cc — APA°` , ='g <Qa a o Gulf °f ;R N ga a ga��. z as CO(q N o s ra S 94 1 I S L4 1 1 S 84 1 S 84 i S 09 1 I U S l5 1 S Z5 1 I S S4 1 I RESOLUTION NO. 13- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985,was required to prepare and adopt a comprehensive plan;and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989;and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County Community Redevelopment Agency staff has initiated an amendment to the Future Land Use Element to change the density bonuses allowed in the Bayshore/Gateway Triangle Redevelopment Overlay; and WHEREAS, on November 1,2012, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it • by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, on January 8, 2013, the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184,F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty(30) days to review the proposed amendment and DEO must transmit, in writing,to Collier County its comments within said thirty(30)days pursuant to Section 163.3184,F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty(180)days of such receipt pursuant to Section 163.3184,F.S.;and Words underlined are additions;Words 411*k-through are deletions 1 *** *** *** *** are a break in text WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3),F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this day of January, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA BY: , Deputy Clerk GEORGIA A. HILLER,ESQ. Chairwoman Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" PL20120001213/CP-2012-3 CP\12-CMP-00865\16—Rev. 12/13/12 Words underlined are additions; Words struek-threugh are deletions 2 *** *** *** *** are a break in text EXHIBIT"A" CP-20124 FUTURE LAND USE ELEMENT IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES *** text break *** OBJECTIVE 5 *** *** *** text break *** *** *** 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: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial- zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as Provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. 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. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the the Bayshore/Gatewav Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. text break *** *** *** I. URBAN DESIGNATION *** *** *** text break *`'* *** **" • B. DENSITY RATING SYSTEM: *** *** *** text break """" *** *** 1. The Density Rating System is applied in the following manner. *** *** *** text break *** *** *** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the"vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bayshore/Gateway Triangle Redevelopment Overlay. *** *** *** text break *** *** *** C. Urban Commercial District *** *** *** text break *** *** *** 1. Mixed Use Activity Center Subdistrict *** *** *** text break *** *** *** For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed-use developments-whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban 2 Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre. except as allowed by the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from 'a mixed use project is distributed outside the Activity Center boundary: *** *** *** text break *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** text break *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One-sanere Two zoning overlays have been will-be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay.. The following provisions and restrictions apply to this Overlay: 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses; hoteVmotel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 3 4. Properties with access to US-41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or Airport-Pulling Road are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63), and as may be amended. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard. Airport-Pullinq Road esident al units per alc� an to order t pbe eligible for this nhigher density the development of must comply with the following: a. Density bonus units must be approved by the Community Redevelopment Agency Board. b. Project must be in the form of a PUD. c. Project site must comprise a minimum of three acres. d. For projects that do not comolv with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by the Bayshore Drive or Gateway Triangle Mixed Use Overlay Districts in the Collier County Land Development Code. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraph 5, above. In either instance, the development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District. whichever is applicable, shall apply to all new development. A 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These such time are as zonino develop overlaya is adopted redevelop which accordance l mitt such their uses, dens ties and such time zoning development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs#4 and4t5 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following-design standards of the Bayshore Drive Mixed Use Overlay District or Gateway 4 Trianole Mixed Use Overlay District la the Collier County Land Development Code, whichever is applicable. _- `} _ _ _ _ _ - stories only. 9. For density bonuses provided for in paragraphs#4 and#5 above, base density shall be as per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. 9-10. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However, for properties within the Coastal High Hazard Area (CHHA), only the affordable- workforce housing density bonus as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 44:11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs#4,#5 and#5.1 above, for that portion of the Overlay lying within the CHHA only. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. 11-12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. Exhibit A CP-2012-3 DRAFT 9-14-12 G:ICDES Planning SeMces1Comprefensive1COMP PLANNING GMP DATA1Comp Plan Amendments12012 Cycle Petitbns1CP-2012.3 BGTRO changes dw19-14-12 5 Agenda Item 9B. Go -Y COLt-Nlty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT PLANNING D ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: November 1, 2012 RE: PETITIION NO.PAL�20GROWTH-201MANAGEMENT� GREENWAY PLAN AMENDMENT [TRANSMITTAL HEARING] (Coordinator: Michele Mosca,AICP, Principal Planner) AGENT/APPLICANT/OWNER: Agent: Q. Grady Minor and Associates 3800 Via Del Ray 15000 Livingston Road Naples,Fl. 34110 Applicant: Barry Williams,Director Collier County Parks and Recreation Department 15000 Livingston Road Naples,Fl. 34110 Owner: Collier County 3299 Tamiami Trail East, Ste. 303 Naples,Fl. 34112 I. GEOGRAPHIC LOCATION: The subject 123.6+ acre property is located on the east side of Goodlette-Frank d Road (CR-851) and south of Golden Gate Parkway (CR 886), in ecei tnslo at nd 34, Township 49 South, Range 25 East, Collier County, map on page 2.) 1 Agenda Item 9B. { 4a . _, ,t. I .%. . ., / ,yam M .' a. •N x I 1F %� 4 r y+. y' ' pi_'t%{# 'Cis -•- + r .. p•i ti •.I-I lI , ,F •.)j_,,„..'i:::_,..,_ ii. }�r 4 ,� .� ?-, � 1::: jam,y`�,,�'..��j sr x. i t(t i� tea , t�,' i. 3 T 7 ti ,....,1 .' _ ■ is Source: Collier County Property Appraiser and Collier County Parks and Recreation Department II. REQUESTED ACTION: The applicant is requesting to amend the Future Land Use Map designation on the subject property from "Urban" (Urban Mixed Use District, Urban Residential Subdistrict)to "Conservation Designation." III. PURPOSE/DESCRIPTION OF PROJECT: The County entered into a Declaration of Restrictive Covenants with the State of Florida, under the Florida Communities Trust Act, to finance the land for the proposed Gordon River Greenway Park (subject site). As a condition of this Covenant, the County is required to re-designate the subject site to "open space, conservation or outdoor recreation use." The County Parks and Recreation Department is requesting that the site be re-designated from Urban to Conservation in order to comply with the State's requirement. (This site was rezoned to P, Public Use, zoning district on July 26, 2011 via Ordinance No. 2011-25, which limits the site to public park use.) IV. SURROUNDING LAND USE,ZONING,AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject site is zoned Public Use (P) for a public park — The Gordon River Greenway Park, and includes a Special Treatment Overlay on the property. This site , .. 2 Agenda Item 9B. is designated Urban (Urban Mixed Use District, Residential Subdistrict) and is within the Coastal High Hazard Area. The Gordon River Greenway Park is intended to be developed as a passive park with water quality systems and passive recreation amenities. Surrounding Land Uses and Zoning: North: Across Golden Gate Parkway, Freedom Park located within the City of Naples, a passive park and water quality treatment park on the south side of Golden Gate Parkway, Caribbean Gardens Zoo, and single-family residential development, which have a zoning classification of Rural Agriculture (A), Rural Agriculture (A) with a ST (Special Treatment) Overlay, Residential Multi-Family — 6 dwelling units per acre (RMF-6), and Commercial Intermediate (C-3). East: Golf course, single-family, multi-family development, undeveloped land and an airport, which have a zoning classification of Rural Agriculture (A), Rural Agriculture (A) with a ST Overlay, Planned Unit Development (PUD, River Reach), and City of Naples Zoning District PD (Bears Paw). South: Vacant undeveloped land, the Conservancy of Southwest Florida, and office buildings which have a zoning designation of Commercial Intermediate (C-3), Conservation (CON), CON with a ST Overlay, and City of Naples Zoning District PD. West: Gordon River, vacant undeveloped land, offices, single-family, the Conservancy of Southwest Florida and the Carribean Gardens Zoo, which have a zoning designation of Rural Agriculture (A), Rural Agriculture with a ST Overlay, Conservation (CON), CON with ST Overlay, Residential Single-family (RSF-4), RSF-4 with a ST Overlay, Residential Multi-family (RMF-6 and RMF-16) and City of Naples Zoning District PD and C4. V. STAFF ANALYSIS: 1) Request Reviewed within the Context of the Collier County Growth Management Plan This proposed change to the existing Future Land Use Map designation of "Urban" (Urban Mixed Use District, Urban Residential Subdistrict) to "Conservation Designation" is consistent with, and in furtherance of, the Growth Management Plan, particularly Goal 1 of the Conservation and Coastal Management Element which reads: "GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL RESOURCES." Relevant to the subject site, the following excerpts from the Future Land Use Element describe the purpose and intent of the existing and proposed Future Land Use Designations: 3 Agenda Item 9B. Existing FLUM Designation "Urban (Mixed Use District,Residential Subdistrict): The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code." Proposed FLUM Designation "Conservation Designation: The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values." ****************************************************************** "The following uses are authorized in this Designation." ****************************************************************** "e. Habitat presentation and conservation uses; f. Passive Parks, and other passive recreational uses;" 2) Environmental Impacts There are no negative impacts resulting from the approval of this Future Land Use Map amendment. 3) Historical and Archaeological Impacts The Florida Department of State is of the opinion that the project site does not appear eligible for listing on the National Register of Historic Places. 4) Traffic Capacity/Traffic Circulation Analysis and Impacts There are no traffic impacts resulting from the approval of this Future Land Use Map amendment. 5) Public Facilities Impacts There are no public facilities impacts resulting from the approval of this Future Land Use Map amendment. VI.NEIGHBORHOOD INFORMATION MEETING (NIM)NOTES: The NIM was held on August 23, 2012 at 5:30 p.m., after the applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land Development Code. 4 Agenda Item 9B. Two members from the public attended the NIM, held at Freedom Park, located at 1515 Golden Gate Parkway. • The following is a synopsis of the meeting: D. Wayne Arnold, agent for the applicant, opened the meeting at 5:40 p.m. Another representative for the project in attendance was Barry Williams from Collier County Parks and Recreation. Michele Mosca representing Collier County Comprehensive Planning also attended. Mr. Arnold began the information meeting by introducing and explaining the project and the Comprehensive Plan Amendment Petition request. Mr. Arnold displayed an aerial exhibit and conceptual site plan for reference. Mr. Arnold concluded his presentation and asked for comments or questions from the meeting attendees. Questions asked were regarding the location of trails, type of lighting on the trails, park hours and gates installed to limit access to the park and bridges after hours. Barry Williams addressed the attendee's questions. Mr. Arnold offered to provide color versions of the Parks Site Plan to anyone that wanted a copy and said that if anyone had further questions to call his office or to contact Ms. Mosca. • The meeting was adjourned at approximately 6:00 p.m. VII.FINDINGS AND CONLUSIONS: • The 123.6+ acre subject site is owned by Collier County and was acquired and planned for preservation, a passive public park, passive recreational services, and conservation uses. • The change to the Future Land Use Map from "Urban" to "Conservation Designation" is consistent with the Collier County Growth Management Plan and, in particular, Goal 1 of the Conservation and Coastal Management Element of the Growth Management Plan. • This Future Land Use Map re-designation is a condition of the State grant. • The amendment will not negatively impact public infrastructure. VIII. LEGAL CONSIDERATIONS: This staff report has been reviewed and approved by the Office of the Collier County Attorney.—HFAC IX. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2012-1 to the Board of County Commissioners with a recommendation to transmit to the Florida Department of Economic Opportunity — contingent upon a rezone, ordinance clarification or correction to Ordinance 2011-25 to clarify that the site is limited to "passive" park and passive recreational services, consistent with the Conservation Designation of the Future Land Use Element. 5 Agenda Item 9B. Prepared by: �/ _ Date: /e•ir iz ichele Mos'CP, Principal Planner Comprehensil- Planning Section Reviewed by: ` l�/ �.•�`� Date: 2 / `l2 David Weeks, AICP Growth Management Plan Manager Comprehensive Planning Section Reviewed by: —' � — Date: (v ` ► Z — t Z Michael Bosi, AICP Interim Director Planning and Zoning Department Approved by: Date: ' Nick Casalanguida, A'dmiriistraor Growth Management Division PETITION NO. CP-2012-01 Staff Report for the November 1, 2012, CCPC Meeting. NOTE: This petition has been scheduled for the January 8, 2013 BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: MELISSA G. KEENE,VICE CHAIRMAN 6 CP-2012-3 B/GTRO Agenda Item 9.C. Col -r CouHt STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION, PLANNING & ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: November 1, 2012 RE: PETITION PL20120001213/CP-2012-3, BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] (Coordinator: David Weeks, AICP, GMP Manager) APPLICANT Ms. Jean Jourdan, Interim Executive Director Bayshore/Gateway Triangle CRA 4069 Bayshore Drive Naples, FL 34112 GEOGRAPHIC LOCATION: This amendment is to the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO), which is located along the following road corridors: Bayshore Drive, Davis Blvd. (SR 84), US 41 (Tamiami Trail) East, Airport-Pulling Road (CR 31). The B/GTRO is depicted on the Bayshore/Gateway Triangle Redevelopment Overlay Map (attached), part of the Future Land Use Map Series, and comprises approximately 1,160 acres; it is located within the East Naples Planning Community. REQUESTED ACTION: This petition seeks to amend the existing Bayshore/Gateway Triangle Redevelopment Overlay, and related provisions, within the Future Land Use Element of the Collier County Growth Management Plan by: 1. Amending Policy 5.1, the Density Rating System, and the Mixed Use Activity Center Subdistrict to reference the Bayshore/Gateway Triangle Redevelopment Overlay; 2. Amending the B/GTRO text to: a. Expand the area to which the density bonus pool is applicable for mixed use projects (but retain the cap at 12 DU/A); b. Establish a new provision allowing residential-only projects of a minimum size to utilize the density bonus pool, allow this provision to apply to the same areas as mixed use 1 CP-2012-3 B/GTRO Agenda Item 9.C. projects and within the Mixed Use Activity Center, limit to 8 DU/A, and require PUD zoning; c. Remove the development standards and replace with reference to the LDC which contains these same standards. The proposed changes to the B/GTRO, and related FLUE provisions, are as follows: (Words underlined are added, words struck though are deleted.) 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: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict,though an increase in overall intensity may result. A zoning change of such commercial-zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. 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. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district,except as provided for in the the Bayshore/Gateway Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. *** *** *** text break *** *** *** B. DENSITY RATING SYSTEM: 1. The Density Rating System is applied in the following manner: e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the"vested"Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Poad Commercial Infill Subdistrict. 2 CP-2012-3 B/GIRO Agenda Item 9.C. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bayshore/Gateway Triangle Redevelopment Overlay *** *** *** text break *** *** *** 1. Mixed Use Activity Center Subdistrict *** *** *** text break *** *** *** For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed-use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre, except as allowed by the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: *** *** *** text break *** *** *** F.Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13,2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property,or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One-or-mere Two zoning overlays have been will be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 3 CP-2012-3 B/GTRO Agenda Item 9.C. 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian,bicycle)to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 4. Properties with access to US-41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or Airport-Pulling Road are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph#8,below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63), and as may be amended. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable•FLUE Policies, . • . - -' - . • • - - • • . . . - . . . - ' .:..�.:._,::..,::._:.'� �:•-:-R'_::..,,.::.�.:.�_ . _ - _ • -• . . - . , 11 ,• • _ . .. • 5. Properties having frontage on one or more of Bayshore Drive,Davis Boulevard, Airport-Pulling Road or US 41 East, are allowed to develop as a residential-only project at a maximum density of 8 residential units per acre. In order to be eligible for this higher density the development must comply with the following:. a. Project must be in the form of a PUD. b. Project site must comprise a minimum of three acres. c. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 6. For parcels currently within the boundaries of Mixed Use Activity Center#16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraph 5, above. In either instance. the development standards of the 4 CP-2012-3 B/GTRO Agenda Item 9.C. Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development. • • _ - . . , - . _- - - -•_ 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses,densities and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs#4 and 1/5 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code,whichever is applicable.:•• -- - - - • - -•• -s o a maximum height of four stories. . - :...• . . , - • - •. . - - •- - . - • stories only. tee 9. For density bonuses provided for in paragraphs #4 and #5 above, base density shall be as per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. 1:10. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However, for properties within the Coastal High Hazard Area (CHHA), only the affordable- workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties,the maximum density allowed is that specified under Density Conditions in the Density Rating System. -1 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 above, for that portion of the Overlay lying within the CHHA only. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The"mini triangle"catalyst project is not subject to this density bonus pool. 1: 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non- residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. 5 CP-2012-3 B/GTRO Agenda Item 9.C. PROJECT DESCRIPTION This petition proposes to modify the B/GTRO, and related FLUE provisions, in effort to promote more development/redevelopment within this area. ZONING AND FUTURE LAND USE DESIGNATION: The B/GTRO contains an array of commercial and residential zoning districts and is divided between two zoning overlays, Bayshore Mixed Use District (BMUD) and Gateway Triangle Mixed Use District (GTMUD). Besides the B/GTRO itself, the Future Land Use designations are: Urban Mixed Use District/Urban Coastal Fringe Subdistrict (lying south of US 41 East) and Urban Residential Subdistrict; Urban Commercial District/Mixed Use Activity Center Subdistrict (#16 —see attached map); and, all but that portion lying east of Airport-Pulling Road and north of US 41 East lies within the Coastal High Hazard Area. (The new CHHA proposed as part of the EAR-based GMP amendments, scheduled for adoption in early 2013, would encompass some of those properties east of Airport-Pulling Road.) STAFF ANALYSIS: Section A of the petition provides some history of the B/GTRO. In short, the Community Redevelopment Agency (CRA) was established in 2000, a redevelopment plan was approved by the BCC for the area in 2000, and the B/GTRO was adopted into the GMP later that same year. The purpose of the B/GTRO was (and is) to encourage the revitalization of this area and provide incentives to the private sector to do so. The Overlay provides for a bonus density pool of 388 dwelling units, derived from the then residential zoning of the site of the Botanical Gardens, which may be awarded to mixed use projects as an incentive. Utilization of this bonus density pool results in a reallocation of those 388 dwelling units rather than an increase of density as typically occurs thru the rezone process under the Density Rating System in the FLUE. Two zoning overlays have been established in the Collier County Land Development Code (LDC) to implement the B/GTRO (BMUD, Bayshore Drive Mixed Use Overlay District, Section 2.03.071.3. & 4.; and, GTMUD, Gateway Triangle Mixed Use Overlay District, Section 2.03.07N.3. & 4). The bonus units may be awarded by the BCC via approval of a Mixed Use Project (MUP) petition — until all 388 bonus density pool units are awarded. The proposed amendment does not change the B/GTRO boundaries, and does not change the bonus density pool unit total — it remains at 388 units. The amendment does expand the area within the existing B/GTRO boundaries that is eligible to use the bonus density pool for mixed use projects, with the same cap at 12 DU/A, and introduces a new allowance for residential-only projects to use the bonus density pool, with a cap of 8 DU/A. The internally expanded area is to the north side of Davis Blvd., the east side of Airport-Pulling Road, and into the Mixed Use Activity Center#16 centered around the intersection of US 41 East and Airport-Pulling Road. The LDC contains the same development standards as are found in the B/GTRO and proposed for deletion (Sec. 4.02.16 &4.02.35). Having these standards in the LDC only allows for a site- specific request for deviation or variance, which can be evaluated on a case by case basis. There are no such deviation or variance provisions to GMP requirements and limitations (except as specifically provided for in state law or Rule, e.g. Area of Critical State Concern). Exhibit B within Section B of the petition is a map showing the two zoning overlays, underlying zoning districts, and the Activity Center boundary. Viewing this map reveals there is a significant amount of commercial zoning within the B/GTRO. Also, viewing the parcel lines reveals there are few large parcels — other than pre-existing PUDs — available for 6 CP-2012-3 B/GTRO Agenda Item 9.C. redevelopment; aggregation of properties will be necessary for most moderate to large size projects to develop. Exhibit D within Section B of the petition consists of various communications supportive of the proposal to internally expand areas eligible for mixed use development and to allow use of bonus density pool units for residential-only development. Environmental Impacts: This is not a site-specific amendment, rather affects an entire Overlay. Further, the amendment does not allow development beyond that which is already allowed, rather provides for an additional means of distributing the already approved density pool of bonus units. Historical and Archeological Impacts: This is not a site-specific amendment, rather affects an entire Overlay. Further, the amendment does not allow development beyond that which is already allowed, rather provides for an additional means of distributing the already approved density pool of bonus units. Traffic Capacity/Traffic Circulation Analysis and Impacts: A traffic impact analysis has not been prepared. Staff did not require this as the amendment does not increase the overall allowable development density or intensity, rather allows for a reallocation of development within the Overlay. Public Facilities Impacts: Because the amendment does not increase the overall allowable development density or intensity, rather allows for a reallocation of it within the Overlay, there should be no increased impacts upon level of service standards for public facilities - water, wastewater, solid waste, drainage, parks and recreation, schools, libraries, EMS, police, fire, etc. FINDING AND CONCLUSIONS: • As a result of this amendment, there are no significant impacts to public facilities, as defined in the Capital Improvement Element with respect to arterial and collector roads, storm water drainage, portable water, sanitary sewer, solid waste, community and regional parks. • No increased impacts to natural resources are expected as a result of this amendment. • This amendment does not alter the boundaries of the B/GTRO nor change the number of bonus density pool units available for reallocation within the B/GTRO. • The expansion of areas eligible to use the bonus density pool units, as well as the allowance for residential-only projects to use the bonus density pool units, may provide a viable incentive to spark development/redevelopment interest within the B/GTRO. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's office. - HFAC STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2012-3 to the Board of County Commissioners with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity. 7 CP-2012-3 B/GTRO Agenda Item 9.C. PREPARED BY: DATE: ( ._ fG) — /Z DAVID WEEKS, AICP, GMP MANAGER COMPREHENSIVE PLANNING SECTION PLANNING & ZONING DEPARTMENT REVIEWED BY: DATE: /0 Z MIKE BOSI, AICP, MANAGER COMPREHENSIVE PLANNING SECTION and INTERIM DIRECTOR, PLANNING & ZONING DEPARTMENT APP % • D BY: DATE: i t, - II - IL NICK CASALANv DA, PgAtalgTFIATOR GROWTH MANAGEMENTDIVISION Petition No: PL20120001213/CP-2012-3 Staff Report for the November 1, 2012 CCPC Meeting Note: This petition has been scheduled for the January 8,2013, BCC Meeting. 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Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 April 2012 Revised July 2012 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NUMBER DATE RECEIVED PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT This application,with all required supplemental data and information,must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department,Suite 400,2800 North Horseshoe Drive,Naples,Florida 34104.239-252- 2400(Fax 239-252-2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing.The applicant will be notified in writing,of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 as amended by Resolution 98-18(both attached). If you have any questions,please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant Barry Williams, Director Company Collier County Parks and Recreation, Public Services Division Mailing Address 15000 Livingston Road City Naples State FL Zip Code 34110 Phone Number 239-252-4038 Fax Number B. Name of Agent*D. Wayne Arnold • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company/Firm Q. Grady Minor and Associates, P.A. Mailing Address 3800 Via Del Rey City Bonita Springs State FL Zip Code 34134 Phone Number 239.947.1144 Fax Number 239.947.0375 Email Address warnold(c�gradyminor.corn C1. Name of Owner(s)of Record Collier County Mailing Address 3299 Tamiami Trail East, Suite 303 City Naples State FL Zip Code 34112-5746 D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. Page 1 of 5 GRPGMPA II. DISCLOSURE OF INTEREST INFORMATION: 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. (Use additional sheets if necessary). Name and Address Percentage of Ownership Collier County 100% 3299 Tamiami Trail E, Suite 303 Naples, FL 34112-5746 B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. Name and Address, and Office Percentage of Stock 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 Percentage of Interest 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 Percentage of Ownership E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contact purchasers below, including the officers, stockholders, beneficiaries, or partners, and provide one copy of the executed contract. Name and Address Percentage of Ownership 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 Page 2 of 5 GRPGMPA G. Date subject property acquired (12/2005, 04/2006) leased ():_Terms of lease_yrs/mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: 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. III. DESCRIPTION OF PROPERTY A. LEGAL DESCRIPTION Please see Exhibit III attached B. GENERAL LOCATION Subject property is located on the south side of Golden Gate Parkway adjacent to the western property boundary of Bears Paw Country Club. C. PLANNING COMMUNITY Central Naples D. TAZ 155 E. SIZE IN ACRES 123.6± F. ZONING P, PUBLIC USE WITH A SPECIAL TREATMENT OVERLAY G. SURROUNDING LAND USE PATTERN Developed and undeveloped Urban Land, including Naples Zoo, Bear's Paw Country Club, Conservancy of Naples and Commons Office Park. ZONING: A, C-3, C4, CON, PUD, RSF-4, RMF-6, RMF-16, PS and City of Naples PD H. FUTURE LAND USE MAP DESIGNATION (S) Urban Mixed Use District, Urban Residential Subdistrict IV.TYPE OF REQUEST A. GROWTH MANAGEMENT PLAN ELEMENT(S) OR SUB-ELEMENT(S)TO BE AMENDED: Housing Element Recreation/Open Space _Traffic Gir-culation_Sub-Element- Mass TransitSub-Element_-----__ Aviation Sub-Element Potable Water Sub-Element Sanitary Sewer Sub-Element NGWAR Sub-Element Solid Waste Sub-Element Drainage Sub-Element Capital Improvement Element CCME Element • Future Land Use Element Golden Gate Master Plan Immokalee Master Plan B. AMEND PAGE(S) N/A OF THE N/A ELEMENT AS FOLLOWS: (Use StFik� e—t r ,io to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Urban Residential Subdistrict TO Conservation Designation D. AMEND OTHER MAP(S)AND EXHIBITS AS FOLLOWS: (Name& Page#) N/A E. DESCRIBE ADDITIONAL CHANGES REQUESTED: N/A Page 3 of 5 GRPGMPA V. REQUIRED INFORMATION NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN 1" = 400'. At least one copy reduced to 8%x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A. Provide general location map showing surrounding developments (PUD, DRI'S, existing zoning)with subject property outlined. Exhibit V.A. Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A. Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE DESIGNATION Exhibits V.B Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL Exhibit V.C. Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN"A"ABOVE. Exhibit V.C. Provide a summary table of Federal (US Fish &Wildlife Service) and State (Florida Fish and Wildlife Conservation Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.) Identify historic and/or archaeological sites on the subject property. _ ______ _ D GROWTH--MANAGEMENT-- -- Reference 9J-11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2(Copies attached). 1. INSERT"Y"FOR YES OR"N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1)(a)(5),F.A.C.) If so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J-11.006(1)(a)7.a, F.A.C.) N Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S. ? (Reference 9J-11.006(1)(a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. N Does the proposed land use cause an increase in density and/or intensity to the , uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? Page 4 of 5 GRPGMPA (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-11.007, F.A.C.) E. PUBLIC FACILITIES 1. Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on the following public facilities: Exhibit V.E Potable Water Exhibit V.E Sanitary Sewer Exhibit V.E Arterial&Collector Roads: Name of specific road and LOS Golden Gate Parkway Goodlette Frank Road Exhibit V.E Drainage Exhibit V.E Solid Waste Exhibit V.E Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2- Waived Provide a map showing the location of existing services and public facilities that will serve the subject property(i.e. water, sewer, fire protection, police protection, schools, and emergency medical services.) 3. Exhibit V.E Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Exhibit V.F Flood zone based on Flood Insurance Rate Map data (FIRM). ExhibiLV.F __Location_of_wellfieIds-and_cones-of-influence,-if--applicable.---(identified-an-Collier---------_ County Zoning Maps). Exhibit V.B Traffic Congestion Boundary, if applicable. Exhibit V.B Coastal Management Boundary, if applicable. Exhibit V.F High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable(Identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION Provided $16,700.00 non-refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. $9,000.00 non-refundable filing fee for a Small Scale Amendment, made payable to the Board of County Commissioners, due at time of submittal. To be provided Plus Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly. Exhibit V.G. Proof of ownership(Copy of deed). Exhibit V.G. Notarized Letter of Authorization if Agent is not the Owner(see attached form). Provided 1 Original and 5 complete, signed applications with all attachments, including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1"=400' or at a scale as determined during the pre-application meeting. Page 5 of 5 GRPGMPA COPY EXHIBIT III . A . LEGAL DESCRIPTION LEGAL DESCRIPTION (0.R.B. 4013, PGS. 0757-0760) THE SOUTHEAST (SE1/4) QUARTER OF NORTHEAST (NE1/4) QUARTER AND THAT PART OF THE NORTHEAST (NE1/4) QUARTER OF THE SOUTHEAST (SE1/4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: ALL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN THE NORTHEAST (NE1/4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLDER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST BOUNDARY OF STORTER SUBDIVISION WITH THE NORTH RIGHT—OF—WAY LINE OF A CANAL, RECORDED IN RAT BOOK 5, PAGE 106; RUN IN A NORTHERLY DIRECTION 149.00 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY OF GORDON RIVER HOMES SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 84; THENCE IN AN EASTERLY DIRECTION ALONG WITH THE SOUTH BOUNDARY OF GORDON RIVER HOMES A DISTANCE OF 133.00 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF GORDON RIVER; THENCE IN A SOUTHEASTERLY DIRECTION FOLLOWING THE MEANDERINGS OF THE M.H.W. LINE OF THE GORDON RIVER TO THE EASTERLY EXTENSION OF THE NORTH RIGHT—OF—WAY LINE OF THE CANAL IN STORTER SUBDIVISION AS RECORDED PLAT BOOK 5, PAGE 106; THENCE IN A WESTERLY DIRECTION ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT—OF—WAY LINE OF SAID CANAL TO THE POINT OF BEGINNING. AND A PORTION OF THE SOUTHEAST (SE1/4) QUARTER OF THE NORTHEAST (NE1/4) QUARTER, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF BULKHEAD UNE NUMBER 3" AS SHOWN AND DESCRIBED ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD UNE PLAT BOOK 1 AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN SOUTH 89'42'35" EAST, ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.80 FEET; THENCE RUN SOUTH 29'16'45" EAST, STILL ALONG SAID BULKHEAD UNE, FOR 144.56 FEET; THENCE RUN NORTH 89'42'36" WEST, FOR 289.14 FEET, TO THE WEST UNE OF THE SOUTHEAST (SE1/4) QUARTER OF THE NORTHEAST (NE1/4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA, SAID POINT BEING ON THE NORTHERLY RIGHT--OF—WAY LINE OF BEMBURY DRIVE BY POSSESSION AS MONUMENTED ON THE GROUND, SAID POINT BEING 362.32 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHEAST (SE1/4) QUARTER OF THE NORTHEAST (NE1/4) QUARTER AS SHOWN ON SAID BULKHEAD PLAT (SURVEYOR'S NOTE: THE NORTHERLY RIGHT—OF- WAY LINE OF BEMBURY DRIVE IS SHOWN AS BEING 360 FEET SOUTH OF SAID NORTHWEST CORNER ON PLAT OF STORTER SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 106, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA); THENCE RUN NORTH 0'17'24" EAST, ALONG THE AFORMENTIONED WEST LINE FOR 125.73 FEET TO THE POINT OF BEGINNING; CONTAINING 0.732 ACRES; TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ANY LAND CONTIGUOUS TO, AND WATERWARD OF, THE HEREIN DESCRIBED PORTION OF BULKHEAD LINE NUMBER 3. EXHIBIT III Page 1 of 2 DESCRIPTION All of Lot 97 of Naples Improvement Company's Little Forms, lying South of Golden Gate Parkway. according to the plot thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except the following Access Easement The East 60 feet of that part of Lot 97 of Naples Improvement Company's Little Farms Subdivision, according to the plot thereof recorded in Plot Book 2. Page 2. in the Public Records of Collier County, Florida, lying south of Golden Gate Parkway and within Section 27. Township 49 South. Range 25 East, Collier County, Florida: And less the North 120 feet of the East 120 feet of Section 34, Township 49 South, Range 25 East, Collier County, Florida: being and lying within Lot 97 of Naples Improvement Company's little Farms Subdivision, according to the plot thereof recorded in Plot Book 2, Page 2. in the Public Records of Collier County, Florida. Together with Lot 3 of Naples Improvement Company's Little Forms, according to the plat thereof recorded in Plot Book 2, at Page 2. Public Records of Collier County, Florida. Less and Except That part of Lot 3 of Naples Improvement Company's little Farms subdivision as per plot thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, lying Easterly and Southerly of the following described line: Commencing at o concrete monument of the South 1/4 corner of Section 27, Township 49 South. Range 25 East, Collier County, Florida; Thence along the South line, North 89'26'09" East 753.94 feet to a point: Thence South 0011'55 East 334.85 feet to a concrete monument on the south fine of said Lot 3 and the Point of Beginning of the described line: Thence along said described line and the Westerly boundary of the herein described parcel North 00'21'55" West 211.15 feet to concrete monument at the Northwest corner of said described Parcel: Thence along said described line and the Northerly boundary of said described parcel North 89'38'05" East 729.90 feet to a concrete monument: Thence continue North 89'38'05' East 13.00 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Farms and the Point of Ending of sold described line. Also Less and Except That part of Lot 3 of Naples Improvement Company's Little Farms subdivision as per plot thereof recorded in Plot Book 2, Page 2, Public Records of Collier County. Florida: Commencing of the South 1/4 corner of Section 27. Township 49 South, Range 25 East. Coll er County. Florida: Thence North 89'46'00" East 74.16 feet to a point on the East right—of—way of Goodlette—Fronk Rood: Thence along said right—of—way North 04'39'15' West 148.44 feet to the North line of said Lot 3: Thence leaving said right—of—way and along the North line of said Lot 3 North 89'40'10" East 761.95 feet to the POINT OF BEGINNING: Thence continue along said line North 89'40'10' Eost 191.50 feet; Thence South 28'23'14. West 108.55 feet; Thence South 89'47'09" West 131.16 feet; Thence North 01'38'39" West 94.94 feet to the POINT OF BEGINNING. And Less That land described in Official Records Book 246, Page 59, of the Public Records of Collier County, Florida, being a right—of—way taking for Goodlette—Fronk Road. (Detail "S"} EXHIBIT III Page 2 of 2 COPY EXHIBIT V.A. LAND USE I!flhI!Ii1I EXHIBIT V.A. ir._ ._.- .....,........ 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'°" dr A -�. Aac. . . '. - - snl e • $ �� x�tt ., !! Fo t r 6 eF1 , t y` I . f 'i } ¢ fff . i V. SUBJECT PROPERTY.127.6L ACRES 4,7-E l,' J.. ' EXISTING ZONING. A(RUTAL AGRICULTURAL). 1236_ACRES X S ' EXISTING FLUE CONSERVATION DGNATI • 123E5 ACRES ' ,�,' . EXISTING USE: COUNTY PARK SURROUNDING ZONING AND LAND USE •\ $ NORTH NIN a - �e a A T ZONING: A(RURAL AGRICULTURAL(,A5T(RURAL AGRICULTURAL WITH SPECIAL TREATXENT OVERLAY), I•SP "cam 1 ROLD,AND GATE PARKWAY. FORK, ( - VSE: GOLDEN GATE PARKWAY.FREEDOM PARK,CARIEEEAN GARDENS ZOO.AND SINGLE-FAMILY .' S3 r '4}'4 RESIDENTIAL DEVELOPMENT - ' SOUTH ; _ N. ; "L,.N ZONING: C.S(COMMERCIAL NTERNE>ATE),CON(CONSERVATION(.CON W1TH AN ST OVERLAY AND CITY FI' J.'- OFNAPLES ZONING DSTROTPD i 'TI �i Z�E4 � -` '�� �' t � USE: VA.•MIT UNDEVELOPED LAND.CONSERVANCY OF SOUTHWEST FLOROA AND OFF/GE BUILDINGS > • .} .1 ��e] T +Il `y to � y I. EAST r` q` 44 \ ZONING: A(RURAL AGRICULTURAL),AST(RURAL AGRICULTURAL WITH SPECIAL TREATMENT OVERLAY), �' i }, 'YJg°'a. x'* CON AN ST VERLAY.,CON MID AN ST OVERLAY,TAAL(RESIDENTIAL SINGLE FAASLY),R ZONING _ WITH STRIC ST 4COMMERCRMNTE(REDIATE) LMJLTHFAAIILY,CITY OF NAPLES ZONING ;a I .i �,. DISTRICT CO R AND C4(COMMERCIAL AND INTERMEDIATE) - F�: . USE GOLF COURSE.SINGLE FAMILY AND MULTI-FAMILY DEVELOPMENT.AND NAPLES COMM.AIiTY __... �_y"F is t.. . WEST ZONING: AST(RURAL AGRICULTURAL WTTH SPECIAL TREATMENT OVERLAY),POD IPLA`NED UNIT DEVELOPMENT).CITY OF NAPLES ZONING DISTRICT PO AND Cr(COMMERCIAL•ITERMEDIATEI AND GORDON RIVER.VACANT UNDEVELOPED LAND.OFFICES SINGLE FAMILY,THE CONSERVANCY OF SOUTHWEST FLORIDA AND THE CARIBBEAN GARDENS ZOO SCALIt GORDON RIVER GREENWAI PARK .1.�• 203 CODE &xlnn SDIIII&? 23!1947.1114 •CODER '.31(A inor 'F'01'.:Ti;:.,''''' 239.090.4390 EXHIBIT V.A. wTa Civil Engineers • Land Surveyors • Planners • Landscape Architects AERIAL PHOTOGRAPH FILE Nam: DX VA CMG rn:'ACIN.FlHMro'HGI r.DRr.w ACTH LLnaar..IBI DIIGSI`"t`SFASSOz DATE AERIAL FLOWN: DEC 2010. CC PROP APPRAISER •na.GradyMinor.nlm O.Grarb Minor and Msoclales.P.A. SHEET 1 OF 1 ' Page 2 of 2 COPY EXHIBIT V1B . 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Q 4yL A R R r' A" �1 � ii. 6 'd � � II $ IIIl � 1 ># 1I3�t ii i 1 lilt 1 1 I S £81 I SLS1 I Sig .!. I SO L I S641 I S81, 1 I SL41 I S9b1 I COPY EXHIBIT V. C . ENVIRONMENTAL 1 _ f : • . . GORDON RIVER GREENWAY PARK 1 '.. COLLIER COUNTY, FLORIDA I . 1 i Updated March 4, 2010 Revised September 15, 2010 Revised January 25, 2011 ! Revised March 25 2011 , PREPARED BY (.17,10 aarchato ENTRIX inc. ENTRIX 22 Sarasota Center Blvd. Shaping the Future Sarasota FL 34240 • 94 376 0660 entrok corn PREPARED FOR CoAtr County i 5000 LrZettroC:r.; .00.004.1600004000004400000 , Naoies'FL 34 1 .,. . ..,,,,...„„ ..,.. • i '''X ':';';',. ..' ■ : All ' . ... - ,_ , , , ., •,. • 1 l • TABLE OF CONTENTS PAGE . 1 Introduction Subsection a Applicant Information 1 Subsection b Mapping and Support Graphics 2 Subsection c Project Description and GMP Consistency Determination 3 Subsection d Native Vegetation Preservation 6 Subsection e. Wetlands 10 Subsection f Surface and Ground Water Management 15 Subsection g Listed Species 16 Subsection h Other 30 • 0 TABLE • Table 1 Current SHWL Elevations by Wetland 13 Table 2 UMAM Impact Analysis Summary Table 3 State and Federally Listed Species at Gordon River Greenway 16 Park,Collier County 19 Table 4 Listed Species Survey Times and Dates EXHIBITS Exhibit 1 Resumes Exhibit 2 Location Map Exhibit 3 Land Use Map Exhibit 4 Existing Drainage Flow Pattern Map Exhibit 5 Soils Map Exhibit 6 Pre-development Drainage Plan Exhibit 7 Overall Project Site Concept Plan Exhibit 8 Natural Habitat Impact Map Exhibit 9 Preservation Areas Map • Exhibit 10 ST Overlay and Zoning Map Exhibit 11 Wetlands Map .0004,, • Exhibit 12 SFWMD Informal Jurisdictional Determination Letter Exhibit 13 Wetland Impact Map Exhibit 14 Preliminary UMAM Analysis Exhibit 15 Listed Species Map Exhibit 16 Gopher Tortoise Habitat Management Plan Exhibit 17 Big Cypress Fox Squirrel Management Plan Exhibit 18 West Indian Manatee Management Plan Exhibit 19 Wading Bird Management Map Exhibit 20 Plant List Exhibit 21 DHR 25 August 2008 Letter • Gordon River Greenway Park • Environmental Impact Statement Collier County, Florida Introduction The Gordon River Greenway Park will be a 123.6-acre passive park located near the corner of Golden Gate Parkway and Goodlette-Frank Road in Collier County,FL.The first stage of development of the park is to rezone the existing parcels of land from Agriculture(A), Commercial Intermediate(C-3),Residential Multifamily 6(RMF-6)and Conservation(CON)to Public(P).An ST permit application is also being submitted as a companion item to the Rezoning Application. The Collier County Land Development Code requires an Environmental Impact Statement(EIS)for any site over 5.0 acres in size in the Coastal High Hazard Area.This document will follow the outline in section 10.02.02 of the Collier County Land Development Code(LDC)to facilitate review.Ecologists from ENTRIX,Inc.(ENTRIX)performed extensive field evaluations in March-April,2008 and sporadically throughout 2008,2009,and 2010,as warranted,including wetland verification with the South Florida Water Management District. Collier County Land Development Code Section 10.02.02(4) Environmental Impact Statement Subsection a. Applicant information L Responsible person who wrote the EIS and his/her education and job related • environmental experience Raymond K.Loraine For Qualifications see Resumes(Exhibit 1) Michael L.Sturm,P.E. For Qualifications see Resumes(Exhibit 1) ir. Owner(s)/agent(s)name,address,phone number&e-mail address Collier County Parks and Recreation Department 15000 Livingston Road Naples,FL 34109 PH:239-252-4035 FAX:239-252-6532 • Page 1 of 31 • Subsection b. Mapping and Support Graphics i. General Location Map Please see Exhibit 2-"Location Map" ii. Native Habitat Map Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary.This does not mean the applicant is required to go on to adjoining properties.Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System(FLUCFCS)shall be depicted on an aerial photograph having a scale of 1 inch equal to at least 200 feet when available from the County.Other scale aerials may be used where appropriate for the size of the project,provided the photograph and overlays are legible at the scale provided.A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. Please see Exhibit 3-"Land Use Map" Topographic Map,and Existing Drainage Patterns • Topographic map,and existing drainage patterns if applicable.Where possible, elevations within each of FLUCFCS categories shall be provided. Please see Exhibit 4—"Existing Drainage Flow Pattern Map". Detailed topographic data is not available for the site. iv. Soils Map Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. Please see Exhibit 5—"Soils Map" v. Drainage Plan Proposed drainage plan indicating basic flow patterns,outfall and off-site drainage. The proposed project will maintain the existing basic flow patterns on the site as depicted in attached Exhibit 6—"Pre-development Drainage Plan". vi. Development Plan Development plan including phasing program,service area of existing and proposed public facilities,and existing and proposed transportation network in the impact • area. Page 2 of 31 • The site will be in substantial compliance with the Overall Project Site Concept Plan (Exhibit 7).After the Rezone is complete,a Site Development Plan will be developed that will finalize the details of the development plan.Phasing of the site is not proposed as all work will continue until complete in a single construction phase.The parking, restrooms,interior roadways,asphalt nature trails,boardwalks,kayak/canoe launch,and all other facilities of the park are shown on the Overall Project Site Concept Plan.The engineering details of the site plan will become a part of the Site Development Plan, which will follow the Rezone. vii. Site Plan Site plan showing preserves on-site,and how they align with preserves on adjoining and neighboring properties.Include on the plan locations of proposed and existing development,roads,and areas for stormwater retention,as shown on approved master plans for these sites,as well as public owned conservation lands, conservation acquisition areas,major flowways and potential wildlife corridors. This project is a result of the acquisition of conservation lands and placing them into a contiguous park.Highly sensitive lands will be restored,hydrologically and vegetatively, and protected.Less sensitive lands will be used for interior roadways,parking,and civil infrastructure such as water,sewer,and electrical lines.The majority of the lands in this project,except for the interior roadways,parking,and civil infrastructure,will be used to: restore a hydrologic regime in the area,provide for stormwater treatment,improve wildlife habitat,and provide a wildlife corridor from the mangrove fringe to the xeric uplands(Exhibit 7). viii. For properties in the RLSA or RFMU districts,a site plan showing the location of the site,and land use designations and overlays as identified in the Growth Management Plan. This project is outside of the RLSA or RFMU districts. Subsection c. Project Description and GMP Consistency Determination i. Provide an overall description of the project with respect to environmental and water management issues. The subject property is located in Sections 27 and 34,Township 49 South,Range 25 East,Collier County,Florida(Latitude/Longitude:26.168517 N/•81.784889 W), encompasses approximately 123.6 acres,and is divided into four(4)distinct parcels (Exhibits 2 and 3). The main parcel is bordered to the north by Golden Gate Parkway,to the south and west by the Gordon River and to the east by Bear's Paw Golf Course.The Naples Airport borders the southeasternmost parcel and the two(2)westernmost parcels are bordered to the west by Goodlette Frank Road and to the east by the Gordon River. The Gordon River is a Class III waterbody that is listed as impaired by the Florida Department of Environmental Protection due to its low dissolved oxygen concentration. Additionally,the Golden Gate Canal,a major drainage canal that terminates at Naples Bay,enters the Gordon River along the eastern boundary of the largest parcel.Currently, the property contains mangrove wetlands and wetlands and uplands infested with nuisance exotic species.Approximately 316 gopher tortoise burrows were observed • onsite.The site will be enhanced through water quality improvements,wetland • Page 3 of 31 • enhancement,nuisance/exotic species removal,and proper land management activities, Impacts to native habitats were avoided and minimized to the greatest extent practicable; however,2.15 acres of permanent wetland impacts are proposed for park facilities,0.21 acres of dredging for a canoe/kayak launch, 1.92 acres of temporary construction and shading impact for elevated boardwalks,0.44 acres of.impact for a water quality conveyance pipe,0.33 acres of native upland habitat impact for construction of a stormwater treatment bioswale,and 4.75 acres of native upland habitat impact for the Kayak Node,asphalt nature trails and shade structures. As compensation,0.63 acres of freshwater wetland and 75.21 acres of tidal wetlands may be enhanced.In addition, nuisance and exotic species will be removed from all the remaining uplands onsite; • however,no compensation credit is requested for these activities. Ii. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. The following Objectives and policies in the Conservation and Coastal Management Element of the Growth Management Plan are applicable and are presented for consistency with the Conservation and Coastal Management Element. Objective 2.2 All canals,rivers,and flow ways discharging into estuaries shall meet applicable Federal,State,or local water quality standards. Policy 2.2.2 In order to limit the specific and cumulative impacts of stormwater run-off,stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt should be made to enhance the timing,quantity,and quality offresh water to the estuarine system.Non-structural methods such as discharge and storage in wetlands are encouraged. The Gordon River Greenway Park design will meet all federal,State,and local water quality design standards;issuance of the ERP from the SFWMD will confirm this assertion.In addition,as required by the Florida Communities Trust grant,water quality will be improved within the currently impaired Gordon River by the onsite treatment of offsite runoff from Golden Gate Parkway as discussed in Subsection f.i.. The stormwater runoff will be conveyed through a stormwater treatment unit to separate solids,grease and oils. The stormwater will then be conveyed through a pipe and released into a spreader swale enhancing the timing,quantity and quality of the stormwater to the estuarine system. Objective 6.1 The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measureable. These policies shall apply to all of Collier County except for the portion of the County which is identified on the Countywide Future Land use Map (FLUM)as Rural Lands Stewardship Overlay. Policy 6.1.1 For the County's Urban Designated Area,Estates Designated Area, Conservation • Designated Area,and Agricultural/Rural Mixed Use District,Rural-Industrial District Page 4 of 31 .i and Rural-Settlement Area District as designated on the FLUM,native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria,unless the development occurs within the Area of Critical State Concern(ACSC)where the ACSC standards referenced in the Future Land Use Element shall apply.Notwithstanding the ACSC requirements,this policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. The Gordon River Greenway Park contains approximately 112.8 acres of native habitat (defined as having native species in representative plant strata and/or a majority of the community being undisturbed),of which some 103.3 acres(approximately 91.6%)will not be impacted and 22.2 acres(19.7%)will be placed in a Preserve.The undeveloped areas and preservation far exceed the 15%native habitat requirement(16.92 acres)and includes nearly all of the upland gopher tortoise habitat on the project,as well as adjacent wetlands areas.Please see Subsection d.ii.for further discussion. Policy 6.1.4 Prohibited invasive exotic vegetation shall be removed from all new developments. Nuisance and exotic species of plants,particularly Brazilian pepper(Schinus terebinthifolius),melaleuca(Melaleuca quinquenervia),Australian pine(Casuarina glauca),and downy rose myrtle(Rhodomyrtus tomentosa) will be removed from the tidally-influenced and inland wetlands and uplands,which will greatly improve the long- term sustainability and habitat of the areas. • Policy 6.1.7 The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water • conservation. The Gordon River Greenway Park has been designed to showcase the native vegetation of Collier County.Native vegetation will be incorporated into supplemental landscape designs. Objective 6.2 The County shall protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The following policies provide criteria to make this objective measureable. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element. The design of the Gordon River Greenway Park exceeds all the applicable Policies within this Objective.The vast majority(approximately 91.6%)of all the native wetlands and upland habitats onsite will not be developed.In addition,extensive environmental education of the site will foster stewardship of Collier County's native habitats. Objective 7.1 • The County shall direct incompatible land uses away from listed animal species and their habitats. The County relies on the listing process of State and Federal agencies to • Page 5 of 31 identify species that require special protection because of their endangered, threatened, or species of special concern status.Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern,in accordance with Rules 68A-27.003, 68A- 27.004,and 68A-27.005,FAC and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17. The only observed listed animal species on the property was the gopher tortoise (Gopherus polyphemus).As a result of the mapping of the 316 identified burrows,a site plan was developed to minimize onsite infrastructure and to maximize preservation of the existing gopher tortoise habitat.Permitting for gopher tortoise relocation adjacent to the zoo property is being undertaken by others at the direction of Collier County.The removal and maintenance of nuisance and exotic plant species,specifically downy rose myrtle,will improve the habitat of this species. Potential effects on gopher tortoises during nature trail construction will be evaluated through consultation with the Florida Fish and Wildlife Conservation Commission and permitted as required. Objective 10.1 Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water-dependent use,adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Manatee Protection Plan(NR-SP-93-01)May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities,and boat ramps,based upon the Plan's marina siting criteria. • In accordance with Policies 10.0.0 and 10.1.4,the proposed canoe/kayak launch will be public,prohibit motorized boats,and will impact only 0.21 acres of disturbed mixed forested wetlands. Subsection d. Native Vegetation Preservation Identify the acreage and community type of all upland and wetland habitats found on the project site,according to the Florida Land Use Cover and Forms Classification System(FLUCFCS).Provide a description of each of the FLUCFCS categories identified on site by vegetation type(species),vegetation composition(canopy,midstory and ground cover)and vegetation dominance(dominant,common and occasional). Ecologists from ENTRIX classified habitat types based upon onsite evaluations,review of historical and current Soil Surveys of Collier County,and review of historical soil surveys to research the project site's history prior to construction of the Golden Gate Canal. The following are descriptions of the mapping categories used in delineating the upland habitats and land uses with the approximate acreages included for habitats within the project boundaries(Exhibit 3).The habitat/land use mapping was accomplished through aerial interpretation and groundtruthing using the descriptions pursuant to the Florida Land Use, Cover and Forms Classification System(FLUCFCS)(Florida Department of Transportation,January 1999). The wetland FLUCFCS descriptions follow below in Section e. • Page 6 of 31 Parks and Zoos(FLUCFCS 1850: 1.6 acres) This non-native area is located in the western portion of the property and is comprised of existing facilities owned by The Naples Zoo. Currently,this area contains pathways and parking areas,zoo operations facilities,off-display animal enclosures,and waste disposal facilities. No native habitat areas are present within this landscape. Scrubby Flatwoods,<50%Downy Rose Myrtle(FLUCFCS 3271: 18.5 acres) This native area is located on the eastern portion of the property,west of the Golden Gate Canal and Bear's Paw Golf Club.Downy rose myrtle has become densely established. The dominant vegetation is saw palmetto(Serena repens),slash pine(Pinus elliottii), and wire grass(Aristida stricta)with less than 50.percent downy rose myrtle. The soil is classified as Immokalee fine sand,an upland soil according to the Soil Survey of Collier County,Florida(1998)(Exhibit 5). Scrubby Flatwoods,>50%Downy Rose Myrtle(FLUCFCS 3272;8.0 acres) This native area is located on the lower eastern portion of the property,west of the Golden Gate Canal and Bear's Paw Golf Club.This upland area has become infested with dense downy rose myrtle.The dominant vegetation is saw palmetto,slash pine,wire grass and downy rose myrtle. The soil is classified as Immokalee fine sand,an upland soil according to the Soil Survey of Collier County,Florida(1998)(Exhibit 5). Pine Flatwoods,Disturbed(FLUCFCS 4111:2.3 acres) This native area is the remnant slash pine canopy on the parcel adjacent to the zoo.In addition to pine,cabbage palm(Sabal palmetto),Brazilian pepper,and carrotwood (Cupaniopsis anacardioides)are also in the canopy.Many of the trees are completely • covered in vines.The understory consists of several different types of grasses and trimmings of miscellaneous vegetation,most likely discarded from the zoo.The soil is classified as Urban Land-Immokalee-Oldsmar-Limestone substratum which is an upland soil according to the Soil Survey of Collier County,Florida(1998)(Exhibit 5). Hardwood-Coniferous-Palm Mix(FLUCFCS 4341;3.3 acres) This native area is located at the extreme southwestern corner of the property and consists of cabbage palm, slash pine, swamp fern (Blechnum serrulatum), carrotwood,Brazilian pepper, and Australian pipe. The soil is classified as Durbin and Wulfert Mucks, frequently flooded, which is included on the list of hydric soils according to the Soil Survey of Collier County,Florida(1998)(Exhibit 5). • Ditch(FLUCFCS 5130:0.4 acre) This non-native, man-made ditch located along the southern boundary of the western parcel. The ditch appears to serve as drainage for the parking lot of the zoo and Goodlette-Frank Road. Mangrove Swamp Disturbed(FLUCFCS 6121;72.1 acres) This native land use type occurs in Wetlands 5 and 6.Vegetation present in the wetland canopy includes Australian pine,red mangrove(Rhizophora mangle),black mangrove (Avicennia germinans),and white mangrove(Laguncularia racemosa),buttonwood (Conocarpus erectus),and cabbage palm.A sub-canopy is present along the edge of the wetland and is comprised of Brazilian pepper,seagrape(Coccoloba uvifera),and wild lime(Zanthoxylumfagara). Species found in the herbaceous stratum include crinum lily (Crinum americanum),swamp fern,giant leather fern,golden leather fern,oyster plant Page 7 of 31 (Tradescantia spathacea),scorpion's tail(Heliotropium angiospermum),seashore paspalum(Paspalum vaginatum),pineland heliotrope(Heliotropium polyphyllum)and grapevine(Vitis rotundifolia): The soil is classified as Durbin and Wulfert Mucks, frequently flooded,and Hallandale fine sand which are included on the list of hydric soils for Collier County(Exhibit 5). Mixed Wetland Hardwoods Disturbed(FLUCFCS 6171;7.2 acres) The native canopy along the edge is comprised of laurel oaks,slash pine,Australian pine, cabbage palm,and melaleuca.Red mangrove,black mangrove,buttonwood,and white mangrove comprise the other canopy species in the midzone of the wetland.The sub- canopy consists of Brazilian pepper,gumbo limbo(Bursera simaruba),wax myrtle (Myrica cerifera),downy rose myrtle,white indigoberry(Randia aculeate),Spanish stopper(Eugenia foetida),shoe button ardisia,and lyonia(Lyonia ligustrina).The herbaceous stratum contains sawgrass(Cladium jamaicense),black needlerush(funcus romerianus),swamp fern,golden leather fern(Acrostichum aureum),and giant leather fern(Acrostichum danaeifolium).The soil in this system is classified as Durbin and Wulfert Mucks,frequently flooded,which is included on the list of hydric soils for Collier County(Exhibit 5). Wetland Forested Mixed Disturbed(FLUCFCS 6301: 1.2 acres) This native land use type is comprised of approximately 90 percent nuisance/exotic vegetation and encompasses Wetland 3.Nuisance/exotic vegetation includes Brazilian pepper,Senegal date palm(Phoenix reclinata),Australian pine,melaleuca,and shoe button ardisia(Ardisia elliptica).Dominant vegetation consists of Australian pine with scattered red mangrove and buttonwood in the canopy;Brazilian pepper,cabbage palm, and shoe button ardisia in the sub-canopy;and golden leather fern,giant leather fern, wedelia(Wedelia trilobata),Boston fern(Nephrolepis exaltata),camphorweed(Pluchea odorata),and swamp fern in the herbaceous stratum.The soil in this system is classified as Durbin and Wulfert Mucks,frequently flooded,which is included on the list of hydric soils for Collier County(Exhibit 5). Disturbed Lands(FLUCFCS 7400;4.3 acres) The western portion of the property contains non-native disturbed lands,including several different types of grasses and trimmings of miscellaneous vegetation,most likely discarded from the zoo.The soil is classified as Urban Land-Immokalee-Oldsmar- Limestone substratum which is an upland soil according to the Soil Survey of Collier County,Florida(1998)(Exhibit 5). Spoil Areas(FLUCFCS 7430;2.0 acres) There are a series of non-native spoil piles in the western portions of the property.This spoil was most likely deposited during the excavation of ditches throughout the zoo. These spoil areas support bahia grasses(Paspalum notatum),cabbage palm,Brazilian pepper,and several other upland species that have exploited the high ground within the mangrove swamps.A spoil berm also exists on the southeastern parcel and it most likely resulted from the dredging of the Golden Gate Canal. The soil is classified as Urban Land-Immokalee-Oldsmar-Limestone substratum which is an upland soil according to the Soil Survey of Collier County,Florida(1998)(Exhibit 5). Parking Lot(FLUCFCS 8100;2.5 acres) • This non-native area,which was cleared prior to 1975(as verified by Collier County staff review of 1975 aerials),currently serves as the overflow parking lot for the Naples Zoo. Page 8 of 31 The soil is classified as Urban Land-Immokalee-Oldsmar-Limestone substratum which is an upland soil according to the Soil Survey of Collier County,Florida(1998)(Exhibit 5). ii. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan,and Chapters 3 and 10 of the Land Development Code. Provide an exhibit illustrating such.Include calculations identifying the acreage for preservation and impact,per FLUCFCS category. Policy 6.1.1 For the County's Urban Designated Area,Estates Designated Area, Conservation Designated Area,and Agricultural/Rural Mixed Use District,Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern(ACSC)where the ACSC standards referenced in the Future Land Use Element shall apply.Notwithstanding the ACSC requirements,this policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. The Collier County Land Development Code Section 3.05.07.B requires designation of at least 15%of the native vegetation onsite as Preserve. For the subject project,the Preserve requirement is 16.92 acres=112.8 acres x 0.15. The attached Overall Project • Site Concept Plan(Exhibit 7)includes a designated Preserve of 222 acres. The onsite preserve prioritization hierarchy in the LDC and GMP requires that areas known to be utilized by listed species be a high priority for preservation. Therefore, gopher tortoise habitat was a priority for preservation in development of the site plan and nearly all of the occupied upland gopher tortoise habitat was included in the designated Preserve required for compliance with the Land Development Code(Exhibit 9). In addition to upland gopher tortoise habitat,adjacent wetland areas were also included in the designated Preserve. Although not specifically designated as preserve,a total of some 103.33 acres(approximately 91.6%)of the project area will also remain as native habitats following development of the park,well in excess of the 15%required by the Land Development Code. Chapter 4.06.04 All vegetation clearing activities will be conducted in accordance with SDP rules and authorizations. Chapter 10.02.14 All preserved wetlands and uplands will be shown on the construction plans for all entitlements. For sites already cleared and in agricultural use,provide documentation that the parcel(s)are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 3 and 10 of the Land Development Code.For sites cleared prior to January 2003,provide documentation that the parcel(s)are in compliance with the 10 year • Page 9 of 31 rezone limitation previously identified in the Growth Management Plan and Land Development Code. Not applicable.Site is currently vegetated except for some cleared areas south of the Zoo and an old home site there. iv. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals?If so,identify the location and acreage of these preserves,and provide an explanation if they are different from what is proposed Not applicable. v. For properties with Special Treatment"ST"overlays,show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved. The proposed project occurs within Special Treatment Wellfield Risk Management Overlay Zones ST-W2,ST-W3 and ST-W4. Generally,the Land Development Code, defines these overlay zones as areas where well fields should be protected from the discharge or accidental release of contaminants,sanitary hazards,or other potential contamination sources,including hazardous products and wastes. The proposed project is a passive park and recreational facility that will retain extensive natural habitat areas (approximately 90%of the project acreage). Improved portions of the site will be designed and constructed consistent with State of Florida permitting requirements for stormwater treatment. As such,the proposed project is unlikely to present at potential threat to the integrity of the Special Treatment Wellfield Risk Management Zones. The project site also contains a general conservation ST Overlay encompassing approximately 77.87 acres along the Gordon River corridor. As a companion to the subject rezone request,an ST permit application is also being submitted for consideration. The proposed project includes over 100 acres(90%)of undeveloped upland and wetland habitats and therefore achieves the conservation goals envisioned with the original designation of a general conservation ST Overlay in this area. Exhibit 10 reflects the ST Overlay map obtained from the Collier County GIS department.Please refer to subsection f-iii for further detail. Subsection e. Wetlands Define the number of acres of Collier County jurisdictional wetlands(pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan)according to the Florida Land Use Cover and Forms Classification System(FLUCFCS).Include a description of each of the FLUCFCS categories identified on-site by vegetation type(species),vegetation composition (canopy,midstory and ground cover)and vegetation dominance(dominant,common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection,prior to submission to the County. i Page 10 of 31 The wetlan d limits delineated by ENTRIX ecologists were verified by the SFWMD on 6 • February 2009 and will be evaluated by the ACOE for permitting(Exhibits 11 and 12). The wetlands within the project boundaries total 80.1 acres.The wetland limits were established by ENTRIX and surveyed by AIM Engineering&Surveying,Inc.The wetland limits are indicated on the habitat/land use map(Exhibit 3). The areas mapped as wetlands are located within historically wetland soils(Durbin and Wulfert Mucks)and partially within upland soils(Immokalee fine sand)[Soil Survey of Collier County, Florida(1998)](Exhibit 5). Wetland 2 (60.6 acres; FLUCFCS 6121/6171) Mangrove Swamp Disturbed/Mixed Wetland Hardwoods Disturbed, Wetland 2 encompasses most of the property and is directly connected to the Gordon River to the west and to the Golden Gate Canal to the east.Additionally,the Naples Zoo is located west of this wetland and Bears Paw Golf Course is to the east. This wetland is of moderate quality:disturbances consist of nuisance/exotic vegetation(35%)and many fallen trees.The canopy along the edge is comprised of laurel oaks,slash pine,Australian pine,cabbage palm,and melaleuca.Red mangrove,black mangrove,buttonwood,and white mangrove comprise the other canopy species in the midzone of the-wetland.The sub-canopy consists of Brazilian pepper,gumbo limbo,wax myrtle,white indigoberry, Spanish stopper(Eugenia foetida),shoe button ardisia,and lyonia(Lyonia ligustrina). The herbaceous stratum contains sawgrass(Cladium jamaicense),black needlerush (Juncus romerianus),swamp fern,golden leather fern,and giant leather fern.The soil in this system is classified as Durbin and Wulfert Mucks,frequently flooded,which is included on the list of hydric soils for Collier County(Exhibit 5). Wetland 3(1.2 acres;FLUCFCS 6301)Wetland Forested Mixed Disturbed • Wetland 3 is a tidally influenced forested system that lies west of the Gordon River and south of the Naples Zoo.It is located on the northern half of the property and is part of a larger system that extends along the western edge of the Gordon River.This wetland is very disturbed,contains spoil piles throughout the system and a swale along the southern edge,and is comprised of approximately 90 percent nuisance/exotic vegetation. Nuisance/exotic vegetation includes;Brazilian pepper,Australian pine,and shoe button ardisia.Dominant vegetation consists of Australian pine with scattered red mangrove and buttonwood in the canopy;Brazilian pepper,cabbage palm,and shoe button ardisia in the sub-canopy;and golden leather fern,giant leather fern,Boston fern(Nephrolepis exaltata),and swamp fern in the herbaceous stratum.The soil in this system is classified as Durbin and Wulfert Mucks,frequently flooded,which is included on the list of hydric soils for Collier County(Exhibit 5). Wetland 4(0.6 acres;FLUCFCS 6171)Mixed Wetland Hardwoods Disturbed Wetland 4 is located west of the Gordon River and north/south/east of Wetland 2.This freshwater system is low quality and has been invaded by melaleuca.There is slash pine, cabbage palm,wax myrtle,downy rose myrtle,and swamp fern along the edge of this system.Melaleuca comprises the canopy and sub-canopy within the wetland mid-zone, and black needlerush comprises the herbaceous layer.The soil in this system is classified as Immokalee fine sand,an upland soil series(Exhibit 5). Wetland 5(12.7 acres;FLUCFCS 6121)Mangrove Swamp Disturbed Wetland 5 is located west of Gordon River and is of medium quality with some nuisance/exotic species present. It has a ditch at the southern end and is bordered by commercial facilities to the west and south. A Bald Eagle(Haliaeetus leucocephalus) Page 11 of 31 IDwas observed flying above the wetland. This wetland contains many fallen trees and nuisance/exotic vegetation.Species observed in the wetland canopy include scattered Australian pine,red mangrove,black mangrove and white mangrove. The sub-canopy is primarily comprised of Brazilian pepper,cabbage palm and buttonwood. The herbaceous stratum is comprised of crinum lily,swamp fern,giant leather fern,and golden leather fern. The soil is classified as Durbin and Wulfert Mucks,frequently flooded,which is included on the list of hydric soils for Collier County(Exhibit 5). Wetland 6(5.0 acres;FLUCFCS 6121)Mangrove Swamp Disturbed This wetland is located east of the Gordon River and immediately west of the Naples Airport. Wetland 6 is connected to Gordon River to the north and west. This system is of medium quality due to the presence of nuisance/exotic vegetation and fallen trees. Wildlife is expected to utilize this wetland often for foraging and nesting purposes;a Yellow-crowned Night heron(Nyctanassa violacea)and Brown Pelican(Pelecanus ocedentalis)were observed. Vegetation present in the wetland canopy includes Australian pine,red mangrove,buttonwood,black mangrove,and cabbage palm. A sub- canopy is present along the edge of the wetland and is comprised of Brazilian pepper, seagrape(Coccoloba uvifera),and wild lime(Zanthoxylum fagara).Species found in the herbaceous stratum include giant leather fern,golden leather fern,oyster plant (Tradescantia spathacea),scorpion's tail(Heliotropium angiospermum),seashore paspalum(Paspalum vaginatum),pineland heliotrope(Heliotropium polyphyllum)and grapevine(Vitis rotundifolia). The soil is classified as Durbin and Wulfert Mucks, frequently flooded,and Hallandale fine sand which are included on the list of hydric soils for Collier County(Exhibit 5). • ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators Indicate how the project design improves/affects predevelopment hydroperiods.Provide a narrative addressing the anticipated control elevation(s)for the site. The seasonal&historical high water levels at this site are affected by a variety of factors, including but not limited to,salt water tides,drainage from the adjacent parcels,rainfall, and the construction,drainage,and management of the main Golden Gate Canal by the SFWMD.Table 2 below summarizes the current SHWLs onsite which were determined by the edge elevation of the wetlands as no biological indicators were observed. Historically,the SHWL were lower as areas that are currently wetland were historically upland.The Applicant does not expect the control elevations to be altered as all the wetlands,except Wetland 4,are tidally influenced and no stormwater ponds are proposed. • Page 12 of 31 • • Table 1:Current SHWL Elevations by Wetland Wetland ID. Mean(NGVD) Median(NGVD) WL-1(eastern) 1.5' 1.4' WL-2(north) 1.9' 1.8' WL-2(north) 1.5' 1.6' WL-2(mid) 1.5' 1.5' WL-2(mid) 1.2' 1.1' WL-2(south) 1.5' 1.5' WL 3 1.4' L1' WL-4 1.3' 1.3' WL-5 1.5' 1.5' WL-6(north) 2.2' 2.0' WL-6(north) 2.2' 2.1' Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands.Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on site.Describe how impacts to wetlands have been minimized. • Permanent wetland impacts to 2.15 acres(Exhibit 13)are expected for.the construction of • the North Park Node. Boardwalks and.bridges will create temporary construction and shading impacts to 2.08 acres. Impacts for the construction impacts for a drainage pipe to a stormwater biotreatment swale will affect 0.44 acres of wetlands. The bioswale will receive untreated stormwater runoff from Golden Gate Parkway and treat the runoff to improve water quality in the Gordon River. The canoe/kayak launch channel will impact 0.21 acres of Wetland 3,minimized by only proposing a narrow channel to the upland-cut launch The environmental design of the project has been balanced between minimization of wetland impacts and the simultaneous need to protect listed species,e.g.,gopher tortoise, habitat. The North Park Node has been sited in wetlands of poor quality as close to Golden Gate Parkway as possible to minimize access-associated impacts and secondary impacts to Wetland 2. All boardwalk construction on the project will minimize construction related impacts to the extent practicable and shading impacts through construction of boardwalks 5 feet above surface elevations to allow light penetration underneath. iv. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan.For sites in the RFMU district,provide an assessment,based on the South Florida Water Management District's Uniform Mitigation Assessment Method,that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU district,and where higher quality wetlands are being retained on-site,provide justification based on the Uniform Mitigation Assessment Method. • Page 13 of 31 • The Uniform Mitigation Assessment Method(UMAM)pursuant to 62-345,Florida Administrative Code, incorporates the wetland impact acreages and the quality of the wetland pre-and post-development to compute quantitative compensation acreage,if any. As tentatively agreed to by the SFWMD,the necessary lift units needed to offset the loss units associated with the impacts to the Gordon River Greenway Park wetlands will be mitigated for through the enhancement of on-site wetlands(Exhibits 12 and 14).Table 3 provides a summary of the preliminary UMAM analysis,which resulted in 1.992 units of loss and 8.194 units of potential lift,for a total net gain of 6.202 units of lift if all wetlands were enhanced.Additional mitigation could occur through the preservation of and nuisance/exotic species removal in the uplands;however,compensation credit for these activities is not requested. Table 2: UMAM Impact Analysis Summary Wetland Pre-Construction Post-Construction Acreage Functional Gain UMAM Scores UMAM Scores or Loss(-) WL 2 Impact- 0.67 0.57 1.74 -0.174 Boardwalks WL 2 Impact- 0.67 0.00 2.59 -1.74 North Node and Drainage Conveyance iWL 3 Impact- 0.57 0.27 0.21 -0.063 Dredge WL 3 Impact- 0.57 0.47 0.04 -0.004 Boardwalk WL 6 Impact- 0.56 0.50 0.18 -0.011 Boardwalk WL 2 Mitigation 0.67 0.80 56.27 5.85 WL 3 Mitigation 0.57 0.70 0.95 0.124 WL 4 Mitigation 0.50 0.80 0.63 0.15 WL 5 Mitigation 0.67 0.80 12.54 1.30 WL 6 Mitigation 0.57 033 4.82 0.77 Potential 6.202 Functional Gain Enhancement of the onsite preserved wetlands and uplands will include removal of nuisance and exotic species of plants,particularly Brazilian pepper,melaleuca,Australian pine,and downy rose myrtle from uplands and the tidally-influenced and inland wetlands, which will greatly improve the long-term sustainability and habitat of the areas. 0 Page 14 of 31 Subsection f. Surface and Ground Water Management Provide an overall description of the proposed water management system explaining how it works,the basis of design,historical drainage flows,off-site flows coming in to the system and how they will be incorporated in the system or passed around the system,positive outfall availability, Wet Season Water Table and Dry Season Water Table,and how they were determined,and any other pertinent information pertaining to the control of storm and ground water. The water quality feature being designed by Kimley-Hom and Associates,Inc.will receive storm water runoff from the currently untreated drainage system along Golden Gate Parkway.This runoff will be directed through a mechanical BMP where sediment, oil and grease will be removed.The remaining runoff will then be conveyed to the park through a buried pipe to a bioswale in uplands.Once on the park property,the runoff will be collected in a bio spreader swale located in the buffer between existing wetlands and uplands.The storm water runoff will accumulate until reaching the over flow elevation and then slowly dissipate across the existing wetlands west to Gordon River.Nutrients within the storm water runoff will be assimilated by the wetland plants yielding less nutrient enriched runoff discharging to Gordon River than currently exists.Kimley-Horn and Associates,Inc. will also perform stormwater management design for the two(2) park nodes,and these systems will consist of dry retention and will meet all applicable permitting criteria. ii. Provide an analysis of potential water quality impacts of the project by evaluating 4 water quality loadings expected from the project(post development conditions considering the proposed land uses and stormwater management controls)compared with water quality loadings of the project area as it exists in its pre-development conditions. This analysis is required for projects impacting 5 or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. Not applicable as less than five acres of wetland will be impacted.However,unlike most current systems,the water quality management system for this project expects to accept untreated stormwater from offsite(Golden Gate Parkway)and divert it to the Gordon River Greenway Park water management system and provide storage and treatment.This system is designed to provide an overall net increase in water quality from the onsite and offsite stormwater diverted to the system. Identify any Wellfleld 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. The site has WRM-ST 1,WRM-ST 2,WRM-ST 3,and WRM-ST 4 overlays within the project boundaries.Exhibit 10 reflects the ST Overlay map obtained from the Collier County GIS department. The project is designed in accordance with section 3.06 of the LDC,and the necessary precautions will be made to ensure that these zones a shall be protected from the discharge or accidental release of contaminants from a sanitary hazard or other Page 15 of 31 contaminant source,including the discharge or accidental release of hazardous products and hazardous wastes. Subsection e. Listed Species i. Provide a plant and animal species survey to include at a minimum,listed species known to inhabit biological communities similar to those existing on site,and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S.Fish and Wildlife.Service.State actual survey times and dates,and provide a map showing the location(s)of species of special status identified on site. ENTRIX conducted a review of existing public databases and literature using the United States Fish and Wildlife Service(FWS)county-specific database,Florida Fish and Wildlife Conservation Commission(FFWCC)online databases for wading birds,Florida Committee on Rare and Endangered Plants and Animals(FCREPA)texts,Florida Natural Areas Inventory(FNAI)online database,and a variety of other sources based on suitable habitat available on-site.compared to species whose geographic range overlap Collier County.Table 4 summarizes the listed wildlife species surveyed per the Standardized State-Listed Animal Survey Procedures for SFWMD ERP Projects (Beever,August 2005).Following Table 4 is a discussion of those species that were verified on-site or thought to occur within the project limits.Exhibit 15 depicts all the listed species observed onsite. Table 3:State and Federally Listed Species Surveyed at Gordon River Greenway Park,Collier County. Common Name Scientific Name Listed Typical Habitat Utilized Probability of Status Occurrence Reptiles/Amphibians American Crocodile Crocodylus acutus E Estuaries and bays Low Broad range of habitats Eastern Indigo Snake Drymarchon couperi T including scrub and sandhill High to wet prairies and mangrove swamps Dry upland habitats— sandhills,scrub,xeric oak Gopher Tortoise Gopherus polyphemus T hammock and dry pine Observed flatwoods.Also noted to occupy disturbed habitats and pasturelands Gopher Frog Lithobates capito SSC Dry uplands—sandhill, Not Likely flatwoods and scrub Mammals Variety of forested habitats Big Cypress Fox Sciurus niger w/moderately to dense Highly Squirrel avicennia T understory—pine flatwoods, Likely cypress swamps and hardwood hammocks Mustela vison T Wetland communities Everglades Mink Not Likely • evergladensis _ including salt and freshwater Page 16 of 31 • marsh,and cypress and • hardwood swamps Variety of forested Ursus americanus communities are necessary Florida Black Bear floridanus T including forested wetland Not Likely (diurnal cover)and baygalls for cover and dens Eumops glaucinus Roosts in palms and hollow Florida Mastiff Bat floridanus ST trees,forages over variety of Low habitats Large tracts of forested lands Florida Panther Puma concolor coryi E including large wetlands for Not Likely diurnal refuge Sherman's Short-tailed Blaring carolinensis Abundant grasses at edge of SSC basin and depression marshes Not Likely Shrew shermani - and mesic flatwoods Florida Manatee(West Trichechus manatus Coastal water,bays and rivers Indian Manatee) latirostris(syn. E including warm water refugia High Trichechus manatus) (springs and cooling effluent) Birds Large areas of beach, American sandbar,mud flats and Haematopus palliates SSC shellfish beds for foraging; Low Oystercatcher and open,sandy area for nesting Coastal waters including Black Skimmer Rynchops niger SSC beaches,bays and estuaries Low • for foraging;sandy beaches for nesting Coastal areas for feeding in shallow estuaries and Pelecanus offshore;sand spits and bars Hi h Brown Pelican occidentalis SSC for roosting;small island and g bays for nesting in trees or on the ground Rostrhamus Large open freshwater Everglades Snail Kite sociablilis plarmbeus E marshes and lakes where Not Likely apple snails persist Florida Burrowing owl Athene cunicularia SSC High,sparsely vegetated sand . Low ground Florida Sandhill Crane Grus canadensis 7, Prairies,freshwater marshes Not Likely pratensis and pasture lands Florida Scrub jay Aphelocoma I Sand live oak,scrub and Not Likely coerulescens scrubby flatwoods Coastal areas including Least Tern Sterna antillarum T beaches,lagoons,bays and Moderate estuaries;beach nesting Mangroves,freshwater Limpkin Aramus guarauna SCC marshes,swamps,springs, Not Likely ponds and river margins Shallow freshwater,brackish and saltwater for foraging; Little Blue Heron Egretta caerulea SSC nests in cypress,willow, High maple,black mangrove • among other tree species Page 17 of 31 iOpen sandy beaches on tidal Piping Plover Charadrius melodus T mud flats and sand flats along Not Likely coastal areas Red-cockaded Open,mature slash pine woodpecker Picoides borealis FE woodlands w/diversity of Not Likely grass,forb and shrub species Reddish Egret Egretta rufescens SSC Coastal tidal areas;nesting on High mangrove or spoil islands Marine tidal and freshwater Roseate Spoonbill Platalea ajaja SSC Ponds and marshes;colonial High nester in mangrove and spoil islands Permanently seasonal flooded Snowy Egret Egretta thula SSC wetlands;nests in coastal and High island wetlands Charadrius Dry,sandy beaches,foraging Snowy Plover T in the intertidal zone and Not Likely alexandrinus nesting in sand depressions . Open pine habitats,woodland Southeastern Falco sparverius edges,prairies and pastures; Not Likely American Kestrel paulus T nests in tall snags or utility poles Coastal environments feeding in freshwater and saltwater Tricolored Heron Egretta tricolor SSC permanent and seasonal High wetlands;nests on mangrove • islands or willow thickets Wide variety of fresh and White Ibis Eudocimus albus SSC saltwater habitats;nests in High variety of trees and shrubs near the ground • Shallow freshwater areas and tidal creeks where prey is Wood Stork Mycteria americana E concentrated;colonial nester High in inundated forested wetlands Plants DACS Golden leather Fern Acrostichum aureum E Mangrove forests and other Observed wetlands Curtiss'Milkweed Asclepias curtissii E Scrub habitat High Sand-dune Spurge Chamaecyce E Coastal dunes Moderate cumulicola Wild cotton Gossypium hirsutum E Coastal strand and lower Low coastal plains Pineland Jacquemontia Jacquemontia E Along sunny rock ledges in Low curtissii pinelands Lantana depressa var. Dunes and sandy ridges, Low Gulf Coast Lantana E sanibelensis coastal grasslands Nodding pinweed Lechea cernua T Sandhills and scrub High Spreading pinweed Lechea divaricata E Scrub and scrubby flatwoods Moderate Lakela's pinweed Lechea lakelae E Scrub and flatwoods Low • Carter's Large- Linum carteri var. Pine flatwoods and adjacent Large- flowered smaldii E disturbed areas Low Page 18 of 31 Flax • Simpson Stopper Myrcianthes fragrans T Pinelands Moderate var.simpsonii Bahama Brake Fern Pteris bahamensis T Open pinewoods Low Pteroglossaspis Transitional areas between Moderate Wild Coco ecristata T wet prairies and scrub Florida Royal Palm Roystonea elata E Hammocks Low Scrub Stylisma Stylisma abdita E Open areas of sand pine scrub High Banded Wild Pine Tillandsia flexuosa E Coastal habitats Observed Fuzzy-Wuzzy Air- Tillandsia pruinosa E Branches of trees in cypress Low Plant swamps Table 4:Listed Species Survey Times and Dates ENTRIX Ecologists Date Time Amber G.Whittle,Craig N. 3/25/2008 7:00—17:00 Huegel,Daniel D.Somodi Thomas W."Bill"Hentges, 3/27/2008 7:15—16:30 Natalie K.Baker,Victoria A.Fera,Paul Irvin,Daniel D.Somodi,David Williamson Natalie K.Balcer,Victoria 4/1/2008 7:00—17:00 A.Fera,Daniel D.Somodi, Michael N.Kirby • Thomas W.`Bill"Hentges, 4/3/2008 6:45—16:30 David Williamson,Daniel D.Somodi,Natalie K. Balcer,Victoria A.Fera, Michael N.Kirby Daniel D.Somodi,Michael 4/8/2008 6:45—16:30 N.Kirby Daniel D.Somodi,Michael 4/9/2008 7:15-17:15 N.Kirby Daniel D.Somodi,David 4/18/2008 7:00-16:30 Williamson,Michael N. Kirby Thomas W."Bill"Hentges, 4/24/2008 6:30—17:00 Daniel D.Somodi,Michael N.Kirby Thomas W.`Bill"Hentges, 4/25/2008 7:00—17:00 Daniel D.Somodi& Michael N.Kirby Thomas W.`Bill"Hentges 4/29/2008 7:00—16:45 Thomas W.`Bill"Hentges, 5/2/2008 6:45—17:30 David Williamson,Michael N.Kirby Thomas W."Bill"Hentges, 5/14/2008 6:45—16:30 Amber G.Whittle,Daniel D.Somodi Michael N.Kirby 5/16/2008 7:00—13:00 Michael N.Kirby 5/23/2008 7:00—14:00 Thomas W."Bill"Hentges, 6/24/2008 6:45-16:30 • Page 19 of 31 Amber G.Whittle,Patricia M.Hobson Thomas W."Bill"Hentges 1/15/2009 7:00—16:30 _ Amber G.Whittle 2/18/2010 11:00—14:30 Raymond K.Loraine 8/27/2010 . 9:00—10:15 Victoria A.Fera Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. American Crocodile The American crocodile(Crocodylus acutus)is a federally Endangered species whose national range is restricted to the coastal areas of extreme South Florida.Habitat within this geographical area consists primarily of mangrove swamps,low-energy mangrove- lined bays,creeks,and inland swamps;habitat which occurs over a large portion of the Gordon River Greenway Park project area.Although the habitat structure found along the Gordon River and Golden Gate Canal is suitable to this species,it is very unlikely that the project site supports American crocodiles. The current known breeding range of this highly monitored species is confined to the southern tip of Florida,between south Biscayne Bay and Cape Sable. Observations of this species on the west coast have always been rare,but the project site is within the geographic historic range. As such,the probability of this species is low and its presence confined to wandering individuals;not breeding adults. ' According to the FWS's American Crocodile Consultation Area Map,the Gordon River Greenway Park project lies within the Service's required consultation area.Therefore,the COE will request that the FWS review the proposed project for its potential impact on this species.All proposed impacts to the Gordon River and Golden Gate Canal for the construction of bridges or public canoe/kayak launches are minor and/or temporary and will,therefore,have minimal impact to potential American crocodile habitat. As the overall proposed project seeks to conserve and enhance the mangrove swamps along Gordon River and the Golden Gate Canal,it should produce a net positive gain in overall habitat value and contribute to the overall conservation of American crocodile habitat.A determination that the project"May Affect,but is Not Likely to Adversely Affect"is appropriate for this species. Eastern Indigo Snake The eastern indigo snake(Drymarchon couperi),a federally Threatened species,uses a wide variety of habitats in peninsular Florida and may be expected to occupy almost any tract that contains potentially suitable habitat.Typically,within this area of South Florida,the eastern indigo snake is found in scrubby and pine flatwoods areas with groundcover consisting of palmetto near water,or tropical hammocks,and frequently uses gopher tortoise burrows as refuges.Based on current site characteristics,the amount of suitable habitat throughout the proposed Gordon Greenway Park,and the dense population of gopher tortoises present on site,the probability of eastern indigo snake occurring on site is high. Increasingly,the FWS requests implementation of Standard Protection Measures for the Eastern Indigo Snake to minimize potential impacts to the snakes during site clearing and • construction.Typically,these measures include education of heavy equipment operators Page 20 of 31 to identify and avoid eastern indigo snakes,requirements that all work stop if an eastern • indigo snake is observed,and having an on-call biologist to oversee the construction in potentially suitable habitat.As the Applicant is committed to implementing these measures and the project proposes minimal adverse impacts to the habitat typically occupied by this species,a determination that the project"May Affect,but is Not Likely to Adversely Affect"is appropriate for the eastern indigo snake. Gopher Tortoise The gopher tortoise is a state Threatened species that occupies a variety of open,upland habitat characterized by well-drained,sandy soils,some of which are found within the upland areas of the Gordon River Greenway Park project site. At the request of Collier County and in preparation of planning the park's future layout,ENTRIX ecologists conducted a 100-percent survey(March-April 2008)of the project area to determine the presence of this species.Evidence of gopher tortoises was observed in the scrubby flatwoods w/<50%downy rose myrtle(FLUCFCS 3271),scrubby flatwoods w/>50% downy rose myrtle(FLUCFCS 3272),and the disturbed lands(FLUCFCS 740) immediately south of the Naples Zoo(Exhibit 15).A total of 119 active burrows,87 inactive burrows,and 110 abandoned burrows were documented by ENTRIX ecologists. As such,the presence of gopher tortoises on the proposed project will be addressed through the appropriate permitting option with the FFWCC to ensure that nature trail and boardwalk construction does not result in unauthorized impacts to gopher tortoises. A Gopher Tortoise Habitat Management Plan is attached as Exhibit 16. Gopher FrogThe gopher frog(Lithobates capito),a state Species of Special Concern,is an obligate burrow commensal of gopher tortoises. It is very unlikely that gopher frogs • are present within the project site due to the absence of freshwater ephemeral wetlands needed for breeding.If present,however,the population is likely very low and likely limited to the scrubby flatwoods with<50%downy rose myrtle understory(FLUCFCS 3271)heavily used by gopher tortoises.Additionally,permitting solutions to resolve gopher tortoise/development conflicts will simultaneously address the conservation requirements of any gopher frogs on the site. If required,this state permitting would take place prior to initiation of clearing and construction in occupied gopher tortoise habitat Big Cypress Fox SquirrelThe Big Cypress fox squirrel(Sciurus niger avicennia),a state • Threatened species,prefers pine-and oak-dominated communities with an open, herbaceous understory for nesting and foraging.Habitat similar to this occurs within the scrubby flatwoods with<50%downy rosemyrtle(FLUCFCS 3271)and the adjacent Bear's Paw Golf Course.Two fox squirrels(likely a breeding pair)were observed on several occasions foraging within the adjacent golf course,but none were observed within the proposed Gordon River Greenway Park site.It is likely,however,that these animals make periodic use of the project site. According to current State guidelines,active Big Cypress fox-squirrel nests cannot be destroyed during site development.Fox squirrels nest twice a year(January to June and August to December)with July normally being a non-nesting month.Therefore,if fox squirrels are documented within the limits of any proposed clearing for the placement of facilities or boardwalks in the future,the Applicant is committed to inspecting each potential nest tree prior to initiating clearing activities to confirm that no fox squirrel nests are being impacted.Based on the scope of work proposed within the Gordon River Greenway Park project,however,the construction of park facilities,stormwater treatment ponds,and boardwalks,as well as efforts to improve habitat quality are not anticipated to Page 21 of 31 significantly impact Big Cypress fox squirrels or their habitat A Big Cypress Fox Habitat Management Plan is attached as Exhibit 17. Everglades Mink The Everglades mink(Mustela vison evergladensis)is a state Threatened species that prefers a wide variety of shallow,freshwater wetland communities found in the regions surrounding the Everglades and Big Cypress Swamp.Habitat such as this is not found within the Gordon River Greenway project site and it is unlikely that this species is present within the project area.As such,the project is unlikely to impact Everglades mink. Florida Black Bear The Florida black bear(Ursus americanus floridanus),a subspecies of the black bear (Ursus americanus),is a state Threatened species predominantly found in six core and two remnant populations within the state.According to the FFWCC Florida Black Bear Distribution Map(2004),the closest core population is the Big Cypress Swamp in Collier County(FFWCC,2004),located 20 miles east and southeast of the proposed project site. The Florida black bear requires large tracks of contiguous forest habitat that includes scrubby pine and pine flatwoods,hardwood and mixed hardwood forests,and tropical- forest habitats for foraging and reproduction.Based on current site conditions and the isolated location of the proposed project within the developed Naples area,it is unlikely the Florida black bear occupy the site.Nevertheless,ENTRIX ecologists remained vigilant for distinct signs that Florida black bear were present(i.e.,tracks,droppings, dense,or tree scraping and biting). None were observed during numerous site visits. Because of the remote probability that black bear might use the site in the future,it is • unlikely that the FFWCC would require restrictions on the proposed project because of this species. Florida Mastiff Bat The Florida mastiff bat(Eumops glaucinus floridanus),a state Threatened species,is restricted to the southern region of the Florida peninsula.Little is known of the habitat requirements and current distribution of this bat. Researchers have infrequently documented individual or small colonies of roosting bats occupying natural cavities within pinelands,Spanish-style roof tiles,or other manmade structures.In December 2002,a small colony of Florida mastiff bats was documented for the first time roosting in a single-chambered bat house placed in a residential North Fort Myers yard(Lee County).Because of its possible presence within the study area,ENTRIX ecologists remained vigilant for signs of natural cavities that could potentially be used by this species.Due to the cryptic nature of the Florida mastiff bat,however,no individuals were observed during the fifteen+days of fieldwork and no cavities were identified as suitable roosting locations.We do not believe that the project will affect the Florida mastiff bat, however,we recommend that single-chambered bat houses be placed throughout Upland Area 1 to enhance any possible existing population of this bat or to encourage its future presence,if this is determined to be desirable. Florida Panther The Florida panther(Puma concolor coryi)is a federally Endangered species found primarily in extreme South Florida.Based on extensive radio telemetry data collected during the past several decades,this species uses a wide range of habitats that include • cypress swamps,hardwood hammocks,pine flatwoods,seasonally flooded prairies, freshwater marshes,and agricultural lands throughout south Florida including Collier Page 22 of 31 County.As a result,ENTRIX ecologists remained vigilant for signs that panthers are present within the Gordon River Greenway Park project site(i.e.,scat,tracks,and tree scrapings). No evidence of this species was observed. According the FWS's revised Florida Panther Effect Determination Key(February 19, 2007),the Gordon River Greenway Park project site falls outside the Focus Area of the Florida panther.Given the highly urbanized nature of the landscape surrounding the Gordon River project site and the limited.acreage of habitat suitable to panthers onsite,it is our professional opinion that the project will not impact the Florida panther.Therefore, a"No Effect"determination is warranted for this species. Sherman's Short-tailed Shrew Sherman's short-tailed shrew(Blarina carolinensis shermam)is currently considered a subspecies of the non-listed short-tailed shrew(Blarina carolinensis)and a state Species of Special Concern that prefers moist forests,shrubby habitat,and dense herbaceous habitats,some of which occur on the proposed project site. The taxonomy of this subspecies is very confused and there is question as to its validity. As such,the current taxonomy is only provisionally used.If this is a valid subspecies, Sherman's short-tailed shrew seems to have been extirpated from the type locality,near Ft.Myers,Lee County. The subspecies has not been verified to occur within 10 miles of this location despite intensive trapping efforts over the past 50 years and little is known of its historical range or ecology. It has never been documented within Collier County, but its presence within the project site is possible based the types of habitat present and its similarity to that found at the type locality in Lee County.It is highly unlikely that the proposed project will affect this species. • West Indian Manatee The West Indian manatee(Trichechus manatus),is a federally Endangered species commonly found in coastal,estuarine,and in riverine habitats near coastal areas. Manatees require access to freshwater sources,vascular aquatic plants for foraging, channels of minimum 6-foot depth for movement,and access to natural springs,coves, and warm-water refugia for foraging;mating,and wintering. All of these conditions are found within the Gordon River and Golden Gate Canal areas. The extensive Golden Gate Canal system,dredged in late 1960's,allows boating access to the Gulf of Mexico for several single-and multi-family developments.This canal system flows into Naples Bay. The West Indian manatee is drawn to and capable of accessing the inland canal system,rivers,and bays near the project site to feed,calve,and mate. According to the Collier County Manatee Protection Plan(May, 1995),the Golden Gate Canal/Gordon River area is not a significant area for manatee population concentrations or mortality within the County. As such,this region has been designated as a"Slow Speed"zone year round,including the channel(68C-22.023(1)(c)2.Naples Bay south of Gordon River is designated as an"Idle Speed"zone all year round including the channel (68C-22.023(1)(b)1).According to the FFWCC Research Institute's 2007 Manatee Mortality Report,three(3)manatee deaths occurred within a one(1)mile radius of the project boundary. None of these mortalities were attributed to boating collisions or other human-related causes,but were natural or prenatal causes. • Page 23 of 31 • Based on these results,the impact to manatees and their habitat should be minimal. Impacts are largely confined to those associated with the construction of an elevated boardwalk through a portion of the coastal mangrove forest and a pedestrian bridge across the Gordon River. Installation of these structures and selection of materials will use Best Management techniques to minimize impacts to the surrounding habitat. Footers for the pedestrian bridge will be installed in the adjoining mangroves to avoid any construction or obstruction within.Gordon River that might impact manatees or their movements. Although potential negative impacts to manatees are minimal,the Applicant is committed to implementing the FFWCC's Standard Manatee Conditions for In-Water Work(July 2005)for all bridge and boardwalk work conducted within Gordon River to ensure the safety of manatees. Therefore,a determination that the project"May Affect,but is.Not Likely to Adversely Affect"is appropriate for the West Indian manatee.A West Indian Manatee Habitat Management Plan is attached as Exhibit18. American Oystercatcher The American Oystercatcher(Haematopus palliatus)is state-listed Species of Special Concern that requires extensive,unpopulated natural beaches,coastal islands,mud flats, and sandbars,for foraging,roosting,and nesting.Habitat suitable to support foraging American oystercatchers is moderately present along the shorelines within Golden Gate Canal and Gordon River,however,suitable nesting habitat is not present.Currently,the proposed scope of work for the proposed Gordon River Greenway Park project site does not propose impacts to estuarine systems that would directly or indirectly affect foraging • opportunities of the American Oystercatcher.Therefore,it is unlikely that this species will be negatively affected by the project. Black Skimmer The Black Skimmer(Rynchops niger)is a state Species of Special Concern that requires high-quality estuarine and coastal habitat for foraging and open,undisturbed sandy beaches,sandbars,and mud flats for breeding and loafmg.Throughout Florida,black skimmers are also known to rely heavily on dredge-material and small coastal islands for successful breeding and nesting.Current site conditions within the Gordon River Greenway Park,however,lack sandy beaches,sandbars,and other potentially suitable nesting and loafing habitat,but foraging opportunities exist along the shore of the Gordon River and Golden Gate Canal during low-tide events. Because of this,the species might be occasionally present within the project area. As potential foraging habitat for this species will likely be enhanced as a result of the proposed project,it is unlikely that the project will negatively affect this species. Brown Pelican The Brown Pelican(Pelecanus occidentalis)is a state Species of Special Concern that requires coastal,mangrove islands for breeding and open saltwater areas for foraging. Limited suitable nesting habitat was observed within the proposed Gordon River Greenway Park site within a small mangrove island currently used as a rookery site by Yellow-crowned Night Herons(Nyctanassa violacea). Extensive foraging opportunities exist within the Gordon River and the Golden Gate Canal.As the rookery site will not be impacted by the proposed project and potential foraging habitat for this species will likely to be enhanced,it is unlikely that the proposed project will negatively affect this species. • Page 24 of 31 • Everglades Snail Kite The Everglades Snail Kite(Rostrhamus sociablilis plumbeus)is a federally Endangered species that requires shallow,freshwater wetlands and marshes,and littoral shelves of large lakes conducive to supporting apple snails(Pomacea paludosa);their major prey item.Snail kites also rely on woody vegetation such as willow,cypress,and pond apple that overhang suitable open water foraging areas for nesting and roosting.Based on current site characteristics,no suitable foraging or nesting for this species is available at the proposed project site.In addition,according the USFWS South Florida Ecological Service's website,the proposed project does not occur within USFWS Everglades Snail Kite Consultation Area or an area designated as Critical Habitat for this species.As such, it is our professional opinion that the project will not affect the Everglades Snail Kite, warranting a"No Effect"determination. Florida Burrowing Owl The Florida Burrowing Owl(Athene cunicularia floridana)is a state Species of Special Concern that occupies well-drained,open grasslands,pastures,and pinelands in which to excavate their burrows.Such habitat is not common within the proposed Gordon River Greenway Park project site.Despite the lack of suitable habitat,ENTRIX ecologists remained vigilant for this species while on site.No Florida burrowing owls or their burrows were observed and it is our professional opinion that the species is absent from this site. Currently,state guidelines do not require a permit for Florida Burrowing Owls if construction activities will avoid active burrows by more than 50 feet.If burrowing owl burrows cannot be avoided,however,a take permit from the FFWCC is required. • Frequently,issued permits require that the burrow only be destroyed during the non- nesting season and that mitigation,in the form of creating a starter burrow with a T- perch,be placed near the original burrow following completion of the project. Florida Sandhill Crane The Florida Sandhill Crane(Grus canadensis pratensis)is state Threatened species that requires freshwater marshes and littoral vegetation in open-water habitats for nesting and prefers open rangeland and prairies for foraging.No nesting habitat occurs within the proposed the Gordon River Greenway Park project site.Although some nesting habitat may be present within the adjacent golf course,northeast of the project site,current site conditions within the project area are not conducive for foraging sandhill cranes. It is unlikely,therefore,that Florida Sandhill Cranes would use the project site and proposed activities are unlikely to affect them. Florida Scrub-Jay The federally Threatened Florida Scrub jay(Aphelocoma coerulescens)prefers xeric scrub or scrubby flatwoods habitat that occurs on well-drained,sandy soils,some of which was observed in Land Use code 3271 of the Gordon River Greenway Park project area(Exhibit 3).Based on current distribution information for this species,however,the proposed project site is more than five miles south of any known occupied Florida scrub- jay territory;well beyond the typical dispersal range of this species.Additionally,the Florida Scrub jay generally requires a minimum territory of 25 acres within high quality habitat and significantly greater area in lower quality habitat.The project area currently does not provide the minimal area of scrubby flatwoods necessary to meet the habitat requirements of this species and it is surrounded by developed lands severely restricting • Page 25 of 31 colonization by emigrating birds from outside colonies.Nevertheless,ENTRIX ecologists remained vigilant for the presence of this species during fifteen+days of fieldwork conducted the proposed site.No Florida Scrub jays were observed.Based on this result and the existing site conditions,a"No Effect"determination is warranted. Least Tern The Least Tern(Sterna antillarum)is a state Threatened species that forages in a wide variety of open-water habitats,but requires very specific nesting habitat:open sandy or gravel beaches or flat graveled rooftops. No such nesting habitat was observed at the proposed project site. Although least terns may potentially forage within the open waters of the project area,it is highly unlikely that nesting would occur.As such,the proposed development of the proposed project site should not affect this species. Listed Wading and Water Birds Wood Stork Limpkin Roseate Spoonbill Little Blue Heron Snowy Egret Tricolored Heron White Ibis Reddish Egret With the exception of the federally Endangered wood stork,all of the birds listed above • are Florida Species of Special Concern.During the extensive fieldwork conducted by ENTRIX ecologists as part of this project,several listed and non-listed wading birds were observed foraging within the exposed and mangrove-dominated shorelines along the Gordon River and Golden Gate Canal,but not on the project site. No nesting by listed wading birds was observed,but a small rookery of non-listed A review of the FFWCC online waterbird nesting database,revealed that only one wading bird colony was located within five(5)miles of the project boundary,and this colony has been inactive during the past decade. It is unlikely that nesting by any listed wading bird might occur elsewhere on the project site within the mangrove-dominated wetlands along Gordon River. The project boundary,however,is within the 18.6-mile core foraging area(CFA)of some of the most significant Wood Stork nesting colonies in southwest Florida;especially those at Corkscrew Swamp Sanctuary. As such,the FWS will seek to minimize adverse impacts to Wood Stork foraging habitat by requiring compensation based on replacing any lost function provided by each wetland type impacted within the boundary of the project area. Wetland impacts must be compensated by offering compensation of the same hydroperiod,or through purchase of wetland credits within a"Service Approved" mitigation•bank. The proposed project produces impacts to Wood Stork core foraging habitat by construction of a pedestrian boardwalk through wetlands adjacent to the Gordon River, construction of two 10-foot pedestrian bridges over the River,construction of a parking node,temporary impacts for construction of a drainage conveyance bioswale,and dredging a channel through existing wetlands to connect the Gordon River to a kayak drop and tidal lagoon. The total acreage of these wetland impacts are 6.8 acres. • Page 26 of 31 Compensation for these proposed impacts will consist primarily of extensive wetland • habitat improvement,resulting from the eradication of nuisance non-native vegetation project-area wide and its long-term management. Currently,wetlands located throughout the project area are virtually unavailable to Wood Stork foraging because of the dense cover caused by the invasion of these systems by nuisance non-natives. The total acreage of wetland enhancement proposed is 73.17 acres.Based on direction provided by the FWS in their South Florida Programmatic Concurrence for the Wood Stork(November 9, 2007),the extensive habitat improvement proposed should be considered adequate mitigation for the minor impacts resulting from the proposed construction and should warrant determination that the project"May Affect,but is Not Likely to Adversely Affect"the Wood Stork. Similarly,the project is not likely to negatively impact the foraging habitat of state-listed wading birds and is likely to improve foraging opportunities project-area wide. As such, the FFWCC are unlikely to request additional mitigation for these species.A Wading Bird Habitat Management Plan is attached as Exhibit 19. Yellow-crowned Night Heron The Yellow-crowned Night Heron(Nyctanassa violacea)is a regionally common,non- listed wading bird species.Their distribution is generally the eastern United States and northern portions of South America.It is a smaller wading bird species and has a distinctive yellow crown which derives its name.Yellow-crowned night herons in southern latitudes generally are residents,but also migrate periodically.Similar to other wading bird species,they forage along the shoreline of estuaries and other waterways. Feeding mainly at night,their prey consists of crabs,frogs and small fish as well as other food sources including insects.This species is a colonial nester in swamps and marshes. Ali There is a Yellow-crowned Night Heron rookery on a small mangrove island at the southern extent of the project,located at the intersection of Gordon River and the Golden Gate Canal.Efforts have been made to locate the canoe/kayak launch site and bridge away from this rookery.As part of this project,we would recommend that signs be placed around the island to keep boaters away from the island. Red-cockaded Woodpecker The Red-cockaded Woodpecker(Picoides borealis)is a federally Endangered species. It prefers open and well-managed,mature pinelands with minimal woody understory.Very little suitable habitat for this species exists within the proposed Gordon River Greenway Park project site due to the distribution of dense downy rose myrtle.As a result,and based on current FWS data of known population distributions within the state,no species- specific surveys were conducted for this species.However,cavities used by this species are distinct and easily detected.ENTRIX ecologists were vigilant for any signs indicating that Red-cockaded Woodpeckers are utilizing the site(i.e.cavities or birds).No evidence of this species was detected. Based on this result,the lack of suitable habitat present within the project area,and the lack of historical evidence indicating occupancy by this species,it is our professional opinion that a"No Effect"determination is warranted. Piping Plover The Piping Plover(Charadrius melodus)is a winter migrant,state.Threatened species found along coastal Florida,primarily on native beach habitats.Similar to the Peregrine Falcon,there is no evidence suggesting this species nests in Florida.While wintering along the Gulf Coast,the Piping Plover relies heavily on sandy and barrier beaches,sand • Page 27 of 31 0 flats,mudflats,sandy mudflats,and lower beaches for foraging and upper beaches and berms for roosting. This habitat type is virtually absent along the shores of the proposed Gordon River Greenway Park project area.Therefore,it is unlikely that the project will affect this species. Snowy Plover The Snowy Plover(Charadrius alexandrinus)is a state Threatened species found year- round only along the west coast of Florida,the Gulf Coast of Texas and Mexico,and in Cuba.In Florida,the Snowy Plover's range reaches as far south as Marco Island and, therefore,includes the project area. This species requires undisturbed,open,and well- . drained stretches of coastal sand for nesting and foraging.On occasion,it may also be found foraging on tidal mudflats,and creeks adjacent to suitable beach habitat.No habitat such as this was observed at the proposed Gordon River Greenway Park project site.As • such,it is not anticipated that this species will be affected by the project. Southeastern American Kestrel Southeastern American Kestrels(Falco sparverius paulus),a subspecies of the migratory American Kestrel(Falco sparverius),is a state Threatened species that typically occupies open pinelands and herbaceous habitats such as prairie and improved pasture with widely scattered trees.The Southeastern American Kestrel nests in pine and oak snags,as well as cavities in such man-made structures as fence posts and telephone poles,throughout its range during April to June. Although habitat similar to this type occurs within and adjacent to the Gordon River Greenway Park,the Southeastern American Kestrel is not known to occur in Collier County and the proposed project area is more than 35 miles south of the southern boundary of its known range in extreme northern Lee and Hendry • Counties.No kestrels were observed on site during the extensive fieldwork conducted by ENTRIX ecologists. Because of the marginal habitat for this species located within the • general vicinity of the project site and its location well outside its recorded geographic range in Florida,it is unlikely that the proposed activities will impact Southeastern American Kestrel. Plants Two state-listed Endangered plant species were found within the project area;golden leather fern and banded wild-pine(Tillandsia flexuosa)(Exhibit 20).Golden leather fern is closely related to the common and wider ranging giant leather fern(A.danaeifolium) and it occupies similar habitat;mangrove swamps and brackish marshes. Golden leather fern has an extremely restricted range in coastal south Florida,but is relatively commonly encountered within this region. Within the project area,it was observed in several locations within the mangrove swamp habitat type. Banded wild pine is one of many species of epiphytic bromeliads. Its range in Florida is restricted to moist hammocks and forested wetlands in south Florida. It was once relatively common within this restricted range,but its population in Florida has been impacted by the recent accidental introduction of an exotic weevil(Metamazius callizona)that kills all species of bromeliads. Within the project site,banded wild-pine was uncommonly seen within the edges of interior forested wetlands.As neither of these areas are proposed for impact,no adverse impact is anticipated for these listed plants. Several other species are likely to occur within the scrub habitat found on-site,but are often difficult to detect outside the flowering season. Without more extensive surveys 0 conducted during appropriate survey periods,the following species should be considered Page 28 of 31 likely or moderately likely to occur within the scrub and downy rose-myrtle impacted scrub habitat types:Curtis'milkweed(Asclepias curtissii),sand-dune spurge(Chamaecyce cumulicola),nodding and pineland pinweed(Lechea cernua and L. divaricata,respectively),wild coco(Pteroglossaspis ecristata),and scrub stylisma (Stylisma abdita). Simpson stopper(Myrcianthes fragrans var.simpsonii)is most common as an understory component of coastal woodlands,but can occur in a variety of coastal habitats. Although very little typical habitat for this species occurs within the project area,its presence is possible. It is easily observed,however,throughout the year and none were seen. Other species listed in Table 4 are unlikely given the habitat found within the project site. No impacts to listed plants are likely given the proposed site plan. Proposed control of the downy rose-myrtle should open up significant habitat for many of the possible listed scrub species and proposed management of the uplands will enhance conditions for these species and allow them to persist long-term. iii. Indicate how the project design minimizes impacts to species of special status.Describe the measures that are proposed as mitigation for impacts to listed species. The project has minimized impact to gopher tortoise habitat by locating the East Node parking in Wetland 2 adjacent to Golden Gate Parkway.Permitting for the relocation of gopher tortoises on the parcel adjacent to the zoo is being done by others under the direction of Collier County.Impacts to wetland-dependent species habitat have been minimized through the siting of the required minor infrastructure in non-native uplands and moderate quality wetlands.Finally,the bridges and canoe/kayak launch have been located as far away form the Yellow-crowned Night Heron rookery as possible. iv. Provide habitat management plans for each of the listed species known to occur on the property.For sites with bald eagle nests and/or nest protection zones,bald eagle management plans are required;copies of which shall be included as exhibits attached to the PUD documents,where applicable. A Habitat Management Plan for the Florida Fish&Wildlife Conservation Commission threatened species,gopher tortoises and their expected commensals,is attached,Exhibit 16.Habitat Management Plans for the Big Cypress Fox Squirrel,West Indian Manatee, and Wading Birds are attached as Exhibits 17, 18,and 19,respectively. v. Where applicable,include correspondence received from the Florida Fish and Wildlife Conservation Commission(FFWCC)and the U.S.Fish and Wildlife Service(USFWS), with regards to the project Explain how the concerns of these agencies have been met To date,the project has not been reviewed by the Florida Fish and Wildlife Conservation Commission or the U.S.Fish and Wildlife Service. A gopher tortoise relocation permit will be required from the FFWCC to address any gopher tortoise burrows potentially affected by the construction of the proposed paved nature trail. A copy of this permit will be provided to Collier County upon receipt. The USFWS will review the proposed project during the review of a U.S.Army Corps of Engineers Dredge and Fill Permit application pursuant to federal interagency coordination as required by section 7 of the • federal Endangered Species Act. It is anticipated that the Service will require the project Page 29 of 31 • to comply with Standard Protection Measures for the eastern indigo snake and the West Indian manatee during any in-water work. Subsection h. Other For multi slip docking facilities with ten slips or more,and for all marina facilities, show how the project is consistent with the marina siting and other criteria in the Manatee Protection Plan. Not applicable.The only marine facility is a canoe launch area which is a passive canoe/kayak launch site,and does not contain multi-slips. ii. Include the results of any environmental assessments and/or audits of the property.If applicable,provide a narrative of the cost and measures needed to clean up the site. No prior or current environmental assessments and/or audits were provided by Collier County.Information suggests that WilsonMiller,Inc.,CH2MHi11,and Turrell and Associates have all performed work on the property. iii. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC STS overlay district,show how the project is consistent with the development standards and regulations established for the ACSC-ST. Not applicable. • iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields,old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Not applicable. v. Provide documentation from the Florida Master Site File,Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area.Locate any known historic or archaeological sites and their relationships to the proposed project design.Demonstrate how the project design preserves the historic/archaeological integrity of the site. Please see the attached Exhibit 21,a 25 August 2008 letter from the State Division of Historical Resources that approved the Phase II evaluation submitted for the Gordon River Greenway Park and that did not require any additional historical or archaeological investigations on the property.Copies of Phase I and Phase II reports can be provided upon request. vi. Provide an analysis demonstrating that the project will remain fully functional for its intended use after a 6-inch rise in sea level as required by the Growth Management Plan. Page 30 of 31 The Park features elevations between 2.75 and 3.50 ft(NGVD 1929).Assuming a six- • inch rise in sea level elevation 0(NGVD 1929),there will be no impact to the water quality function proposed for this project. 5. Additional data.The County Manager or his designee may require additional data or information necessary in order to make a thorough and complete evaluation of the EIS and project. Not applicable. • • Page 31 of 31 • EXHIBIT 1 • • E N T R I X Raymond K. Loraine Down to Earth.Down m&isiess:• PROJECT SCIENTIST • DISCIPUNEISPECIALTY SUMMARY OF QUALIFICATIONS . Ecological and Environmental Mr.Loraine has more than 25 years of experience and expertise in the areas of Assessments listed and non-game wildlife surveys,management,and permitting;natural • Listed Species Censuses and community/habitat delineation and assessment;and environmental planning and Permitting En permitting. He has prepared assessments,wildlife inventories,natural ▪ Project Entitlement community mapping,and management plan recommendations for publicly and • Wetland Resource Permitting privately owned tracts of land up to 30,000 acres in size. Mr.Loraine's EDUCATION expertise is valuable throughout the life of the project,from pre-purchase • Interagency Basic Prescribed assessments through design and permitting to project implementation. Mr. Fire School,1992 Loraine has contributed to the preparation of numerous Developments of ▪ M.S.,Zoology,University of Regional Impact(DRIs),Project Development and Environment(PD&E),and South Florida,3990 Sector Plan studies. He also has extensive experience in wetlands and wildlife . B.S.,Biology,University of permitting at the local,state,and federal levels. Kansas,1985 RELEVANT EXPERIENCE 4i�t_5_�.ti 1 4.4 T_ll1,AI Project Manager-Suwannee River Water Management District Save Our Rivers Lands Environmental Assessment,Six North Florida Counties,Florida Mr.Loraine served as project manager for the habitat identification and assessment,wildlife and listed plants surveys,and management recommendations on approximately 28,000 acres of land acquired by the Suwannee River Water Management District through The Save Our Rivers program. • Project Manager-Phillippi Harbor Club,Sarasota County,Florida oollAtit Mr.Loraine served as project manager for local and state permitting of the conversion of two archaic private boat launching facilities into a single state-of- the-art dry storage facility serving 309 vessels. As part of agency negotiations leading to approval of the project,he established the baseline number of vessels in the facilities and demonstrated consistency with the Sarasota County Manatee Protection Plan. Lead Ecologist Gopher Tortoise Censuses,Permitting and Land Management Recommendations on Wait Disney World,Orange and Osceola Counties,Florida Mr.Loraine served as lead ecologist in the sampling design,data collection and analysis,and permitting of a resolution to potential conflicts between gopher tortoises and the 20-year build-out of approximately 28,000 acres at Walt Disney World. This application was one of the first in Florida to use closed- circuit-camera burrow inspection to determine accurate site-specific burrow occupancy rates. Mitigation for proposed impacts to tortoises was accomplished on the 8000-acre Walker Ranch,purchased and donated to The Nature Conservancy by Disney. On-site relocation and habitat management was also used to minimize incidental take of individual tortoises,and BRA has provided continuing services to Disney in the management and accounting of its on-site tortoise populations. As part of this permitting effort,Disney also collaborated with University of Florida and Florida Fish and Wildlife Conservation Commission researchers in the study of Upper Respiratory Tract Disease Syndrome. • twolne,Rapnono-Twe_._.nm.Pete 3otowu111 Page 1 of 2 Si ENTRIX • Down toEerlh.Down toBusinessr Raymond K. Loraine Project Manager—Bald Eagle Monitoring,Management Plan Development,and Permitting,Throughout Florida Mr.Loraine has served as project manager on more than 20 projects for which pre-development and development monitoring of nesting bald eagles,management plan development,and state and federal permitting,including • informal and formal Section 7 consultations under the Endangered Species Act,have been provided. Project Manager—Gopher,Frog and Alligator Rails-to-Trails Project,Leon,Franklin,and Wakulla Counties,Florida Mr.Loraine served as project manager for listed species censuses,habitat mapping,environmental document preparation,and public involvement for the PD&E study for the 53-mile Gopher,Frog and Alligator Rails-to- Trails Project. ma�jy,�.! _ _ �� ��' _ ---' 1' Project Manager-Grande Bay,Sarasota County,Florida Mr.Loraine served as project manager in the entitlement and local,state,and federal permitting of this commercial and residential condominium project..Services included participation in a formal Section 7 consultation between the USACOE and USFWS resulting in issuance of a Biological Opinion and Incidental Take • Statement for bald eagles. _ -�F�;h;!_ii�.,,�..�x�``�"4'.aa� va;:�u:�:�.a:^'t;ufr': ,-.�` ��'T� ,......—:"�-"�.�-�° _7--.a::•�+...� sm Project Manager—Riverwood DRI,Charlotte County,Florida Mr.Loraine served as project manager for this multi-disciplinary DRI project. Services included wetland delineation;local,state,and federal wetland permitting;wetland mitigation design and implementation;upland preserve management design and implementation;and listed species monitoring and permitting. He participated in a formal Section 7 consultation between the USFWS and US Army Corps of Engineers(USACOE)leading to issuance of a Biological Opinion and Incidental Take Statement for listed bald eagles and Florida scrub jays. Working with the project archeologist,Mr.Loraine also coordinated the protection of an on-site Indian burial • mound and stabilization measures for a historically significant midden at risk to erosion by the Myakka River. • . loremeJteY+n rwo..p_mRe_rew.201oos1s11l Page 2 of 2 j Kiimley-Hom 1:17.19 and Associates,Inc. Michael L. Sturm, P.E. Mike has more than 21 years of professional public and private experience performing roadway, stormwater,permitting,and planning services.His technical experience includes analysis, modeling,and design of surface water management systems;site grading;stormwater conveyance systems;and water quality/drawdown analysis.He has obtained stormwaterfenvironmentai permits within eachiof the water management districts in Florida and is proficient in river modeling and performing scour computations.Additionally,he has generated . and certified wetland impact drawings and designed and permitted control structures for wetland creation/modification.Mike is also a former FDOT District Five drainage design department employee and former Sarasota County stormwater division manager. Professional Credentials Bachelor of Science,Civil Engineering,University of Central Florida,1987 Professional Engineer in Florida V Professional Organizations American Public Works Association Florida Engineering Society Special Qualifications • More than 21.years of professional public and private experience performing roadway, stormwater,permitting,and planning 1 Former FDOT District Five drainage design department employee • Former Sarasota County stormwater division manager • V Project manager for a wide range of roadway and drainage design projects • . • 1995 FDOT State Design Conference Speaker,'Complications Encountered Performing Stormwater Management Design with Regards to FDOT Roadway Projects.' • 2002 APWA National Congress Speaker,"Understanding the Watershed Approach to Stormwater Management." Relevant Experience Gordon River Greenway Park,Collier County,FL--Project Manager responsible for a team of consultants providing rezoning,design and permitting for this 80-acre passive park and storm • water management facility.The project consists of site designs for three park nodes with parking, pavilions and storm water management facilities.The project also incorporates structural analysis for three bridge crossings and boardwalks that allow the end user to traverse the scenic wetland areas that are to be enhanced through the removal of exotic vegetation.The project also includes minimizing impacts to the gopher tortoise population that lives on an upland area in the center of the park. • • Slurm.Ml e_condensed • jKjmI ,-Hom and Associates,Inc. Michael L. Sturm, P.E. Dona Bay Wetland Restoration and Water Supply project,Sarasota County,FL—Project Manager responsible for a team of consultants providing design and permitting services that will provide a new control structure in Cowpen Slough to be designed to provide a variety of services. The first service is to allow storm water runoff to stage higher in the slough so that It can be diverted into a 180 acre wetland restoration area This restoration area is proposed to be graded such that the historic wetland footprint can be recovered.The restoration area Is proposed to i create a ROMA so that restoration credits can be used by the County to offset impacts to wetlands associated with other County projects.A second objective of the project is to provide a conveyance from just upstream of the new control structure east to the County owned Venice Minerals mining site.The objective is to convert the Venice Minerals mining site into a reservoir as part of a future plan to provide potable water. Utilizing iCPR models,the project will be implemented without causing adverse impacts to the neighboring private properties adhering to the County's no adverse impact criteria of 0.01 feet.The project will receive permits from the FDEP and ACOE at its conclusion. Capital Cascades Trail,Leon County,FL—Senior Engineer responsible for the design and • permitting of three of the flood control and water quality projects associated with the master plan. The first project consisted of hardening a channel section west of Monroe Street.This design • element considered green infrastructure as well as traditional hardening techniques as part of the design.The second project was to create a storm water treatment facility that provides treatment for a large urban watershed.The design considered Low impact Design techniques and incorporate park elements for the surrounding neighborhoods.The third project created an online wetland creation facility that provided floodplain storage and prolonged contact with created herbaceous wetland systems to both reduce the floodplain elevation In the area and improve water quality through nutrient uptake.This project required providing a no rise certification with the local government. US 301 Roadway Improvements for Harvest Creek,Hillsborough County,FL—Engineer of • record,responsible for the roadway,drainage and storm water design for the Falkenburg Road and Progress Boulevard intersection and widening project The project included revising the intersection to include turn lanes necessary for future development and widening of 1.4 miles of Progress Boulevard.The project was performed to meet Hillsborough County,Hillsborough County Environmental Protection Commission and SWFWMD design requirements. West Villages Parkway,North Port,FL—Project engineer for 2.6-mile thoroughfare for newly developed Village Land Use Classification.'The Parkway"provides for regional connections in rural areas.It Is proposed as a two-lane divided road and designed to accommodate four lanes in : the future.Major components Include Interconnecting all neighborhood and village networks, incorporation of multmodal facilities,and traffic calming measures.A high level of landscape treatment is required to reflect the Identity of this state-of-the-art,emerging Florida development district.Permitting for the three roadway projects was performed to meet City of North Port, SWFWMD and FDOT requirements. Jacaranda Boulevard and Center Road intersection Improvement Project,North Port,FL -Project manager on the KGmley-Hom team responsible for coordination between the developer • strum nte_cadered c] Kmley-Hom .111 and Associates,Inc. Michael L. Sturm, P.I. client and Sarasota County Pubic Works Division to perform roadway design to meet Board of County Commissioner stipulated agreement.Permitting for the project was performed to meet Sarasota County and SWFWMD requirements. Fruitvllle Road/Coburn Road to Debrecen Road Transportation Engineering Services,,FL —Senior engineer for the Kimley-Horn team completing design services for the reconstruction of 2.1 miles of Fruitvllle Road from a two-lane roadway to a four-lane urban arterial.The new roadway section consists of an urban four-lane divided roadway with multi-use paths,closed drainage,signalized Intersections,street lighting,and landscaping.Our design services also included design of a 16-Inch water main and provision of a utility corridor for existing(and future) water,wastewater,cable,and telephone utility service.The existing signals at Coburn Road, East Road,Tatum Ridge Road,and Sarasota Center Boulevard were upgraded to current standard and to accommodate additional lanes.Kimley-Hom staff also helped direct an extensive public involvement effort.Permitting for the project was performed to meet Sarasota County and SWFWMD requirements. Alligator Creek Drainage and Water Quality improvements,Sarasota County,FL—Project manager for the Kimley-Horn team completing this drainage and water quality improvement project that includes the design and permitting of several hundred feet of stormwater pipe through • developed 1/4-acre residential land uses.The design impacted several segments of local road right-of-way.The project,currently being designed and permitted,includes detailed hydrologic and hydraulic modeling of a 2,849-acre urban drainage basin within the Alligator Creek - watershed.The intent of the project is to design Infrastructure improvements throughout the basin to address localized street flooding.Project design includes the evaluation of four separate areas, each experiencing localized street flooding during different types of rainfall events.Design i alternatives were proposed based on a cost-benefit analysis.This project also included a water quality component where the County received a grant to install seven baffle boxes.Our involvement was to determine hydrologic parameters within the watershed,specify locations for the boxes to maximize treatment potential,coordinate with the vendor to ensure adequate sizing, and,to incorporate the box design Into a construction plan for installation.Also responsible for presenting alternatives to the public in a PowerPoint presentation style to gather public Input used to complete the project feasibility study.Permitting for the project was performed to meet Sarasota County and SWFWMD requirements. Lemon Bay Preserve Hydrologic Restoration,Sarasota County,FL—Senior stormwater engineer responsible for stormwater modeling of the Woodmere Creek basin to include the Lemon Bay Preserve.Woodmere Creek improvements included adding box culverts at three locations.Modified plans to include a sheet pile weir to alleviate bank erosion to remedy a citizen complaint.Bid the project with alternates to help control costs.Performed wetland delineation and mapping of environmental features to be enhanced on the County-owned Preserve. • Coordinated with County environmental staff to plan improvements of the hydraulic systems through the Preserve.Designed and permitted the sediment trapping pond and improved cross- sections of Tributaries A,B,C,and D.Coordinated with SWFWMD staff in the Brooksville office for SWMM funding.Coordinated all aspects of SWMM funding with Stephanie Dunham. • S6um_Ms owudensed D Kimley-Horn �� and Associates,Inc. Michael L. Sturm, P.E. Permitted the project with SWFWMD.Performed construction oversight and certified the project complete.All aspects of the project were performed on time and within budget. I • I • 1 " I • . l 110 ii ii sWrrti.Mke crmdensed ***, •• ,0* • Pine Rid e It Pelican Bay \in• eyards y neyards 61 t • i t t 1 VP \ lk,, i • Napie . 1 i\tu.,....,--i y I y F l 2 . t 1 Project Boundary-123.6 ac. +\- I Lely o 7.000 14.000 Feel 1 t 1 I1 0 2,IC0 4,200 h;gfer: I fi ma33 asro c27l0 > s U! ENTRIX e. •�„ay'.IF, z'IF-><aaauYla` Location Map - ! ' -�. PaJiAly irten arty cb�+^�t Yat m/ 9f tr mecr rxauseo r<<s my+ahlw.r 7/ ye�rnssiar � 22 Sa'a5t4a Cer'4er 8�d � �l44(i 378�5(J anrnrtismopmlenrnouaennceds 1,v Gordon River Greenway Park 2532 a.Et34247 h1�1)37:ria61 .�waanae.awaoaw�ore.,a. ,ra.w crm.en1nx com reye,aae•aY Collier County, Florida orer>� 0Y •'>,e •Y>°` ` See27 3a r.,�_naJ eY bn, Reg 20F ('f❑f(/SO1 Systm Reg ti E M1IAD 5983 UTM.i Zone 17i1(¢H Date.0us 12011 Rev Dole seiWaa 00'.\•AF GIS AneO7sl:&18!17 Docurne,t 0437.177 lac.ran A_1_201,0115 et a Prok:1MJ mbar:0437-177 PDF Document:0437177_44ralgn A_1 20110125 Pert RotS1n:III,8 o It 7 • EXHIBIT 3 • • • iti" ;, t*` i ..,,,, g its ,��. s 9 l � 1 ";, ,"-r-_ w Aai i... t 1- i t- •t _ i t I - .-, ,A,;1R 11 1 , e x ti» �. f r ._41,.q ems,r6:t 1;i.,r ..'.1..---. :no * ,4Mei.*..: . , _4 E ��, -1 cat l r x; v1* e s : l C{f, /f N $ R .. 4,-`i� f S '1► f„4:f.;"4.7.• ,• ,-;1,..,..'? '..,„ i; t'-- C.'*.-a--* i *— °•"' ' j( S:1i r �. ' °! ' a ,+ , ^ ', ' If. t s ,,f • 0 . ,...,.vr r,- ,e .0 14'.' •-, ,' -- ''t, *t". al ',took" -, .' ' 1--' "' , . ' ' *Fa' 5-- 3:3■ , ^* '''. ,t,,ti jie i' ` r'�'-r - - d i r pp -' -nt 4 A1�1 1. a Y / a 4- 1" w r f •.4-. n--l- `4 CV; i t , it 1 Gi artt,�t t. ., legend iry1'ry-i CS_S �:. . r. MalecI Boundary•123 6 ac.1- .. ii— M to 1650-Parks and Zoos•1.6 ac.•F i ., �` ; ' �,... `_ 3 3271•ScruDW Ftatuoods,<-!,0'!.Cowl?Rose P.tyn"e•18.6 x:.t- " s ±r, r �, ,- 3272•Scrubby RatwoodS,7501 DowaY Des,.6tyrte-6 0 6C•1- ; °I 4111-DIsturnod Roo Ftatemods-2 4 ac 1 4341-Hardwood/Cc,niero$rFawn Maed-33 ac...t. Cff( IPI 5130-Ptctt-D4 ac..1- _ , . 6121-Man3n»e Swamp Disturbed-72.1 x.•1• :.. =e: 1 ''•.. (1r' 6171-Limed Via and Hardwoods Disturbed-7.2 x.••• 1SE Lam: '. 7 4r I �`�. 1 6301-CiaCand Fcrea[ed Mod DiturWd-12 ac.+L t° ate t. ■ 7400-Disturbed Lands-4.3 ac•1- 1, t +1. 7437-Spo07veas-2.0 ac.0 _ -.46 •, etco•Paddo-a Lot-2.Sac•4 y !f to , _ �� _ ENTRIX •,�.;•- '..r:—. Land Use Map , Gordon River Grcenv�lay Park ' Collier County,FL o..�..,,.a,..era....r..r eu 4nw,.waa S»e.....,ru..io..r.w+,.....:m...:.+s.r-x n...„....m•'w-.,s..,,.,: • EXHIBIT 4 • • • S \ • SI 8 § /j i b� \ \\ m� maw \8 ( / U � /I ®0 §§ im / o\ (\ 5y � )7) \ \ r } 1 � k 5 � \ ) ! FL ® H Q ( i ^ : • d ` \c / . 1 § , - \ :4 § 1 . /f a !t \ \ ƒ\ ;{ ,4 _ )| ~• e.¥ ƒ :4) . . < & i. 1%§91 %) 91 \ ` ! \\ \) z / g : , G 0. _ !} |) \ -- / •�-\ , / * ` , �� . . y � } • � � _ 2 2. n _«_. i • EXHIBIT 5 • * • � Y• frl�a y ., I i• r • t 1 r 1 . ( c s' r .rte —•.fix .,--, W a ; )Th \\Y et, B = '' I,a ` S., i t' r's k' ,,,.rF_' �.s..,_# . t .-• " `_ '1 a .,., t its ea. 1 T . _ y s.,-. 1 `.`f i 2 AC' .-3t :A a ^r'n`, .,,,,,,.....,...;#-... •ts.„ 51 i P prt:. ui 11/”. 't# -- — e F (iI4- 4R9' \ Alrl-'N sr .40..40.44m.,_ 0 4-ii- Yj LI shy q s., rC i l t f A . t 11 X r a .,/, tr, i .d4_ C 1 i^ 1 r. r. ' '9 r' x {K r-., 'W j ♦� 1 :. ' tip" '�"'w,t''''' e �r •d € V t A ',-,1 r 4 i ' / i �r�1 F r r .,a_ i ,_r_. �, . svts'7�' A`� tit,: �a- s � 1� ,p. 1 4 1, f r`lrr�; ,Mill,, i t 1 1w .s w.fir. I @ legend Pa$act Bwndary•123.6 ac.•1- b t 4 459-IMMORALEE FINE SAND-23.0 x.•1- - L'> 462-HALLANDALE FINE SAND-1.3 ac+v i P, 473•HOLOPA19 FINE SAND-12 7 x.•. 5A 477•URBAN LAND.01 ac+1- 1 7"f • 479-URBAN ND.6 6+OKALEE-OLDSMAR•LIVES T ONE SUBSTRATUM•COMPLEX-11 7 91.+`. pi 485- •DURBIN AND WULFERT MUCKS.FREQUENTLY FLOODED.74.6 ar,+1• '{"�• �`�$ .' x '4+'4°4.•4?::F a` ..�..'�✓�E>+i'.`E sa-1;- $ 094 d...:ad::.:� .w..• .-- - ' .. �,.�....»._ �,(. ENTRIX .,� .. :A Solis Map Gordon River Greenway Park '.a''l . ..0 .i Collier County,FL . 414 p.,.gCNAw Pm.**&%h..a._fl ..t9AY,Ru.+.im-,rt*: .aol,,...W4kA..'d Y.'0 1Wv+,.n*87... a..>,1Ra�.NM>•r r... • RXHIBIT 6 • • • C I r •..i i C3 . r • 4 T� Y F T T W d Alir 2q �1 T1T a W J rr p go w t... -------IMIL. o a tvglime.sx c., � . �•a r• TT 9 T T T T • 1 T T4 ' g it • T / T T T T,�. f lit 1 1 ! q2 T • I - e i @e T T T T T ♦ TlT r ♦ • - tt ee ap T • T T T Y T T ♦ , 0 I I 5 2 0 , T • ".. '�, T `T TIT T T • f I < T • T T T T T T I '9- I l m' j x TT , , r • , _i T • T T ,A A.A A.1 1 I� a `�_ t • T T T • L Y T T T�` • , AJ _I 4` .. lA! T T C7 111111111111111 W 1111 .•III `y '§•; ` ; t : : T 11!111111111.1 0 �■ •�� I 11�1111111111i� ° o T T T ` Y T T -�� T T Y T T II 0 05 si'�I 1 w , T • • T ® w • T T T T Gl� a I`n • T ]iii .^ r/�T T T T T T 'tf A � 3` l 11V y • T F T r T •' � TTYTTT • T •I� "l' ' T T T . T T T 1 a� X1} �3 T r r T T r T r r •. - i a • El$l T T T T • T T T T lk ,i T T T T T T T T T Q ` ...., \': 76® 6 o g ;', T T T T Y T T T $I n /' / 1 . I. . T 7. 1 ,,« 1 r ..'�1 ,, .- T f 11a.A 1.1 a.a, F ■ ,—..- ,...— fi ..- .�re...."."."..,..-.-.,.s,.,....-e, r,. ....- *"....... .«.. . . .7,7.7r —i ;-=«. n. , i ^ EXHIBIT 7 Asak . O M � U t — 7 1€3b �J 2 of a <_ _ a sad @ u w Hz Iii z w E C j. 3 j kyE3 � � IL0 c a c p i11$$51..�6@ .Y to $ 1 8g i I a i 2 r "s$"siiz'"t4�t. Sea x p,1 #g1/ - - i °° m/ a mdw,so ua araioz ■— — — -7 �-�— �' 1 / �' is ;21: s ' d 1 3F _ No • 11 ti'::- -'1 " , I 1`1 a _- I Lu Y d $W Z ,• � I Z 0 .� \7. �Z %2 )E „N3t UW ° i { : 4 ' . < El 0.W = I g $ gg . iti ./,. A _ $ 'g 2: g'.:... i-Dot W - EE I o . ypt a vR € n: E a paap 4 ❑iy Fi t f / �hE.g L Iw /J a 3" a s 16 I. '01\"19 ,4 „pa H0 13 ❑ n z age "! o N`dw S a Sol ,J, < ohg N I o 9 t t t /2_E. y $ w 0 3 t y83� / I 91 ( 4 O g s I ! 1i r i € 0 �v3 F 1,1 II . B 7 T . . 1 ; ow! i § a...,.®...,..,.,...,.w.,...,,..,.,.a,®.a�..,,... .14...-.....-,.w-...w•..�...��..e, -... zwz' a„r..u....P.e+o'wa wn-a.-AO-�wz\•new�vnn\aar�\000'ccaen\ ws\a au,w e�rwa 2 a0 , • y 2 0 F U w y J F— w w U Z O U W g se re cc v � Za az del 1` 48 s lng II dig g .dd..'u.,as w..sos CWZ•IL a.v s+aioa \ \owa\oaoscoas.\i DZns\H s aw�e.n • EXHIBIT 8 • • 141 I , ,..\......4 oth.---t,- -----..r. • , — t,,„-.ow•, i, -. - • 4••=rrzers•rr . 4 t A'''' Or - , .•- , • "40. T ] 4 i i 1.1-T'- t if A' ...... 4 4 44pa 11 r„4. ',4.44" r ° •4 4• wig ,„,i, * At.`"At *-,‘' *11'4 ' ' A. IP:10. A' j . v• ._ 14.....',4 0 *..• .4 ••• '. - ' - „,t'i: it "t" . • 4 r 03 4 " ' ..e^.- .44444.° a 4. . „r,- r• Y 44 ,.. it ,-•;, • ,-,„ , 4-•`f. I i • , ” % • , ..;•' . ' ,,f, '' t 4 I ,...„,/ *;2/11;•"'',..L.1• L- 1-I- it, S'./.0.4 i* Gin ,./i -ki,a.-iwr- - 'rri 4 44....•A 4 ......----.--...-- ,,-,- \ :--„A.. :-...t. • IR ••.-.--;‘,.,-,%.‘ •.-.t;- . f 1 ,N, ' . , 1950 4111 7400•VillOW • 1...1 9:, °'‘ . .141: 4111 N.\t) t- 1 4 4 10, 74C0 7400MI re ri , „. _ ..„ 1 8 • , •' 7'' .1 ( 411 4. ' Jeri , g•Te4, , *C. 'a, --- -- t-.,. tr `,',. / ‘ . ' t •. i •-77' I ' '''9, 1, ' = '4,..7.., , 'It , —-A . / . ,_ ,••,e, . • -,, i la ""' ' ■ -it ' t 1110 *MO „Ita c, At,Ir. 1.4. ., •irr ... Ir •I° *411"''' If t i 7% .'., .11- , 1 ik.". 1, : 7.-,.GTEI 4 , , „, • •• -• ‘• t d - ' Jr 91.• - . .- , Z. ,lf ' t' c '_71,_ 't i - .....t, j,... .tt.,,,t t..,., tyid tor ;,,4- .. 7.- - , ;‘,.... . 1 , **4 1 ■,..— - •*A rf r , .. ... ", _ .1.,'q444 1.••;el" j. ',AN( 1 .14. .• w• * t igs• 3 ';',... roe'''. -1; -,i,• 1.0. ' -,4)1.5..tir ..e , , /.4 .,„,7 .. - , . . .,...e. , Ir • - It ,...4 A 1 1 y,i140 ,.. _ .. . it, • ..g• ' - , ( •rt'''PV.1' 4Y1 • ytir'lg' .„. 4.1...--,......--.....4. ' • '!,4 .„ 8'. 44111 •r 10 ir°*-i' r 1 .41 --• ' 11''l/ IF.'.f •1,. k: Legend - Prclect Elogndary•123 6 at 41- ?IL 1111 11 .10'-',; ir"...... am ., . -I: "44 - r;u•tel ill 1,22•Boald..476-1 71 al,.1- ',• ' 'c'l , . •„,, ot t ,.,,.,,, W2•Ora n ago Pgo.044 i PI 0,2-North Nad0-2 15O A, _ W3•Boadwak-001 at••1•• ,... •- 11) ,,,-. ...,•,"2-- . r. 61 . .. /-:1••••*-7...- W3-Kayak Node.021 ac.M. ,- • ::".'444- :-.,. 4...--... o 1, N • .., *41,,,,,„4v4 116•Eloardssalr•0 14 st 4 •^A' Wrs!T , . i*Illt tC arai.1 92 at.0.. 't ,,..1" %ill / .., Uss'and Kayak N-ade•10 21 ac,.0. l 41. t Uprand Dra.nap Rae•0 10 cc 14. '''r! ; 4.rrk ..te ., . , 41' ' Up and Drat0,20 SIrrare.0 33 ac N. 111) 4 ..% • . re, 4.111 if ' . •. ' 40. 1114ga Crossings-0 I0 at r1r- • Ill ! iii- ' • t 4 ' rit ...au=<4:44:4-•,.4.. 121=116/Cr s C.? ....... •• 1 - ..01C 4 •4'.4 , 44,,,:,4 . _4r... ... .4 ■ i 'r .. • . ., ,. 7."- fyic...; Cara- ENTR IX no Natural Habitat Impact Map -, Gordon River Groonway Park , +r..? I /' •1`•-•• .......,..s.“-......... :::-..ti.......7z.,,-..::::,........ Collmr County FL. EXHIBIT 9 • • r wit= f� e fit.-x4 ► y `-.:r • • . 1 !!* ft ,:. -,..., . . . i „ . 1. ..,,,. :: q " ,. . ,k ii.4" ,ti ,. x._ 3 i-,.., 1 tt it .....,,.., ,.. .. . ,.. ..._ 7�� $«eke. , l 411, .to .� , rt-3 � ' 't°'..f4 ''.' ' t ,' .....„.4( 1 i wit - - ''Xiri-,--'47' . * r ,,e.:,,,i; i , *.T..; -- - -- ' ' '- f-7;71,. ., -4 ;;.* „a%tie"j}."' . M j y , - to '';1P1i ;a tc N d Rs# - e 1- r i t i, +li'- ' f'f�, z '"-- ;i • • r sue+, ` . 7#R ,,,I•s 41 v tr x t- l' C. f ` g<<c ` ,t om.' .""s^�Ihio • PrajMBwnd ry-123.6x..4 vim. . ...r 1. •,'Y'y. :. . ■ Preservation Yca-222 r. 1r' 4. - 5 ,s. .#;-r•••q.'+:-"�. t \ x • 9` 1670 Pans old Ices•1 61c•1- <-' - Y 3271•Scrubby fla[wopos.450%Ockeny Rosc 6:yrTe.18 b aC•5. }Y 3272-SC,ebby Flak:conb.>SC%Omer,R..Aayrte-80 as.t -I 4111.OW w664 Pink Falwccds•2 4.n.4r- - 3301-hlaN+voad l Conduwus/Pa*fMsad 3 3 47•H f> . 6130 066.6.4 ac.t• H+. 5., , ij'.S t f, 6721.1.`aryn>.a Snanp O'slvbed•72.1 ac.} f5 i ! ti 6171-4tued Wo0.—,a 11aMaods 6alurbed-72 as 41- , ..1 6301•Weeded Forested Muted Msexered•1.2 ac,4 ` ./ ACV.Onlu.bed Larval.4 3 in.} •I'° s , r r7430.Soo r ay.s-20 ac.4 '# 6100•Paden;Lot-2.S as st 11 g� 41 ro . Preservation Areas .js ENTRIX Gordon River Green nay Park e r as,n•.r•ne, t,a;v.; F.:::.-,z-.14:..7...4..--,...t.: Coilior County,Florida �'''h°•r•'�'e ' "'�.,r1t<:a• ` v.'.'ii 6ir-. s , III • EXHIBIT 10 • . . 11 • . . t 15 11 • tip _ ' I1 ? w t 6 g ••HI1JON o ionoom I 1 • a. owl < I•Y : \- z/-IsIsI%INIs s s s�S,s,,#,,,',I��,I,I,,s C •• F ;.. %4 *$%4 I*ISIS$44#V% %I%#%.4 CC lik%r{ 3 ,fr;0∎j∎j∎j∎I�j4%$%,%,%IsIsI4.INIt��esele*e*,* 0 eti�'-ac c 4,r s �.�R�°u ••I%s*•■�I*s��I%s*I*I%I*I*I�I�I�I*I*I,I,I� ' \c'. �jv,,,,,j0I,j1,,,I",",�elivVi I.Ii...ese Is .;• ♦ ♦•♦ ♦ ♦♦ ♦ ♦ ♦♦ O sbb%j'... ``b s•ssbb4 .•sbbs,s sb,,sb, bbb s,,s, ,�,�,�,,.-.--:".',.',.s,.. II�I�I�I���I�I�I�I�I�I�I�I���I���I�I�s� ,Ses,. ' s e . ;,;; • • m c la do H1aON Qo [ .° 3 2 I. o� ii z u32 0 E m v O ec o ;fir_ == _ 6 x $ �` g S 0 {_ - _ : $ I a ° w tA = _ :Ire ' a'•::;.,, if////yam•j •�� - __ •:: :...:; • '' _ t•j -•`/"•/•/////'•'/A•/•/ ••0//'�///;',3 - _ '• S. ,/fT /iZ. Vii/'r/1 f;,:,,.'i.;_ }F ' • f� /.////,//////5/ /..%/ --f- - P 4 //•//•//?/%./•'..'e,4 0< +/•' /:- - -' F:,3•.'::L:5:1°:5: EXHIBIT 11 • • 0 s, i -1 t ,1 ,..1.„ _ , ..„.. ,,,..n..„..„.. ..,..„.r.....1.,,,,i,..,..... ,... , _._ _„........„„...._.., • .... .. ,. ti ,.;;. �.J ' ,� ke i t e i ri 114it...zew A A 4t &t...;1.1.11.*4' ,„r ..ei 1 11214 y r { d ,t 1 o � 4.'"'"*. -4--:, ';1.-._,;.4 ., r, „kkl,. , ' i , — .y„-^'.'. '4 t w to 1, ,a 2y; t 4t*Nr ,. - *' *�� `;s W 3° �is �,,•,°t�'*�}.f'd � � a r ' . ''' .� , 1 t � x— dt,fry{> , f+� "t € y�'i"xy� +e -`4 ; , w -'C gl 3y* i w- & vttt♦1( F L jti.aR �ru`3k 'iG • `tt' "-,. _ a r d `xmc C'f I,4 S ov w r J� S+' r4it , '64 ON, y Y h v“.-r-', LP�eU[>aundary-123 6 rtt..1- Nr •i--�,,.-1.y R Oki 2-60.6 as A\- ' t ` ��fi ti; ray y, t � r. NlctlaM 3•t I At 1, sad' u- +' , Wetland 4.0.6 ac+l- l` "7-•• •1h'etlanl 5-12.7 ac. \. ' IN. { ` ,. it WeNaM 5.5 0 ac•\ +' ` ii Upland Area-435ac.r y,. :..$ ,7 Z, , tle e 1:..ta_......S"rs' 1L ....., . .. i {- ° Ids'` .._ i i r 4.." Wetlands Map '[� E N T R I X Gordon River Graen is Park A a:.,wu•c•r:, .a,v�uro ,,,,,=,„ Collier County,Florida .. -...T nr.wv,. n. v..c+..n,r n,..o�..:w.,ni.�w...a,.nn•,q f--V..:�sn.nr-.,.,..�..v.en>....,enaad.f.•aa,nn Pu O .fl.twl nr., >,SI>w>er.n+a.,s<>.>,,' EXHIBIT 12 • 1 C)93-1 1 71 )'3C'C' '��` BIG CYPRESS BASIN ° ^ � SMITH FLORIDA WATER MANAGEMENT DISTRICT J y , 111.1 b' 2640 Golden Gate Parkway,Suite 205,Naples,Fl 34105 "...Qs o,� (239)263-7615 • Sunrom 721-7920 • Fax(239)263-8166 • www.sfwmd.gov/beb/ June 26, 2009 Amber G. Whittle, PhD. Entrix, Inc. 22 Sarasota Center Boulevard Sarasota, FL 34240 Subject: Gordon River Greenway Park Informal Jurisdictional Determination Collier County Sections 27 & 34, Township 49S, Range 25E Dear Ms. Whittle: The District offers the following in response to your request for a determination of wetland boundaries and other surface waters located within the subject property. A site visit was conducted on February 6, 2009. Based on the site visit and other site information, this site does contain wetlands as defined by Rule 62-340 Florida Administrative Code (FAC). The yellow line on the attached aerial indicates the project boundaries. The six labeled blue areas on the attached aerial, entitled "Wetlands Map, Gordon River Greenway Park, Collier County", indicate the location of on-site wetlands. This correspondence is an informal pre-application wetland determination pursuant to Chapter 373, Florida Statutes. It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre-application wetland determination are not entitled to rely upon it for purposes of compliance with provision of law or District rules. A binding wetland determination may be obtained by petitioning the South Florida Water Management District for a wetland declaratory statement pursuant to FAC Rule 62-340 or by applying for an Environmental Resource permit. The identified wetlands and surface waters, and, potentially other areas of the property not jurisdictional under State rules, may be wetlands and/or other waters of the United States under federal rules. Dredging or filling in such areas may require a Department of Army (DA) permit. Receipt of a state or local government permit does not obviate the need to obtain a DA permit prior to commencing work. For more information about the DA Regulatory Program, you may access the Corps'website at: http://www.saj.usace.army.mil/permit/index.html. You may also contact the local iiiiimw Ire. . i i,,-i;I's!\Gc,4 If,,1yL:BOARD DnaCroR Charier) I)auray Chair,I r OM su Ice G uuti/ Alicia F.Abbott-Mar,, 1-11 la t fesa Priddy,Secretary-IinmaAaier Clarence S. 1 ean.,Jr. (An I `hares ill.t rce Chair-Narle Libby Anderson-NeapI.. Ion C.Staiger,Ph D.-Naples Gordon River Greenway Park Informal Jurisdictional Determination Page 2 of 2 Corps regulatory office for additional information, at the following number: (239) 334-1975. A file has been set up at the Lower West Coast Service Center office with pre- application materials. If you have any further questions, please contact John Policarpo of my staff at (239) 263-7615, extension 7620. Sincerely, Laura Layman Senior Supervising Environmental Analyst Natural Resources Management Division Attachment (location map, wetlands map) Gordon River Greenway Park Informal Jurisdictional Determination Page 3 of 3 Cc: Tunis McElwain, USACOE (w/o attachments) Susan Mason, Collier County (w/o attachments) U.S. Army Corps of Engineers 1520 Royal Palm Square Boulevard, Suite 310 Fort Myers, FL 33919 Collier County Environmental Services Environmental Permitting and Project Review 2800 North Horseshoe Drive Naples, FL 34104 , Ill1 Pine Ridge Pelican Bay , I .. , ...., .. I 1 - ) ,. , '--- c ineyarcls )4 1 1 = t = I „,- --I, I ; = . I , - , i t I ---i --1— 1 4 f ‘ 1 1-q ----1---,.. - , - „,....„ rr,. ,.,',' 1 ,, ---- -----T 111 V0 '".":,,'-,--, — ' 1 '',' ' '.-- , .,. 1 , - „ 1 )4t: ----= , i I CP ( .3. 1 1 il ..,„ i - —-- - —- , = , I .... , , ......, A.pies M in 1 , , ,—, _ , ti L., .., i .' 1 ', , ' Naples _ , ,., 4,4 4\14k,„ i , -- .- ,`I'”,-t''.-..7:-.`-',.,,#--'1,--,,----.,,..._;... 4,-• -..:s' , *‘2,4;- - ' ., -.. ..; • ., - , _ 4 - , .. ,,,,,_„ . . , ,.. Project Boundary- 125.6 ac 7 000 I 1 1 I 2 00 4 200!,4.te 1 xroad m X, ar. hit RI 1, awes*dschams rawns4a4 dx 11111.`,.944 al kabady kom any don.that may ay., o of the usa a,nususa of 11,4,h110 a 1.11.44. Location Map 4 I Llls If the ZA TO Itas n Una aw:dean,real,t mar s need.ihd I . map Y..at<mated as 6.11.0f data ncl Gordon River Greenway Park s0 o,41d 4 b4 used as each It 4 1te user s resp,,r44,4d, tu O.'taoPe1 41,1,at OA. tuehamd by a frat/sed suryar” whaea Collier County, Florida /*gored by 1.4 ------ • ta 10, t .. • I ' t''' a ;" a i t " ' • a '''''' . ,:;11111*":Mr,'":', ''',..• Au , , ..... ....tg`' -:-:-f-4,;* '• - _.,.. -,-..0,-- ' ... . ... . tlifilb #, *,.' ' -;■.' ritiegtX.A ''' TV■r 4A 510 1 00 Fes91 i 1 1 i 50 300 Meters tia nds Map iver Greenway Park 0 • - County, Florida ,,,,, , _..,.., . ,..„.,, .,, , .....,...), • EXHIBIT 13 i it W# `� , .. - • .. ":rye' .�.. , e sr ra^a .r to ""`... µ N v4 t S"..11.,.,14,,, --....:.„-,,,a.-7,:14- . : . 4 ,,,,,, ..„ i...... 44,4. 4-,• At g 1105_111 ia. *** •• ' • * 09r.is-">,.i # •.. la d'' 1 4/iY W r;oj { . {jam .j' x . t ° 1 ), • t !� ' x r t { NE q µ,. r iii oft. a " I * .,, , ,. x+* " s. Ws r ,'C� ° 's Z;� L 44, -ti7 holed ecvndsry-{23.e at N , .■ F f aanapacas-2.3scN- .41....), '- i$ c • I Watand Shade Impacts-2 4 ac.*V n i'i l 4 wura I f ,n ] rf r.... ,°1, ' E N T R I X Wetland Impacts ' ' lir at fwu-arr.(1::::,f:,',-.,..,.. Gordon River Grcenway Park s,�].:n.nxx „w Collier County,Florida w.a V.,,v, rMYC)Ek)4.O.a rne..,.)f.Onram.,,,pvy Rn.+.a M). ... w•S..nRS'�rv).'0W.1).�60+,•"+�f.)')n.,w.�waen.f,.H,A+MMea]..ia.., EXHIBIT 14 • • III • PART I—Qualitative Description (See Section 62-345.400,F.A.G.) Site/Project Name Application Number Assessment Area Name or Number . Gordon River Greenway Park WL-2 • FLUCC$code Further classification(optional) Impact or Mitigation Site? Assessment Area Size . Impact-FM(2.15 ac);Boardwalks 612116171 (3.74 ac);Pipe Installation_ 6.37 • Temporary Impact(OM at) BasinNVatershed Name/Number Affected Waterbody(Class) Special Classlficationti.e.oew.AP,otheriocal/statalrederal designation orirnporiance) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands,other surface water,uplands Adjacent to the Gordon River to the west, hydrologically connected to Wetland 3 and Wetland 5 to the southeast.Additionally,this wetland abuts the Golden Gate Canal to the east and is surrounded by scrubby flatwoods along the eastern edges. Assessment area description Disturbed mixed wetland hardwoods/mangrove swamp that Is dominated by nuisance/exotic vegetation along the edges and contains many fallen trees.Additionally,it appears that the construction of the Golden Gate Canal has also disturbed this wetland evidenced by the intrusion of some freshwater species and the extention of the wetland since the 1940's. Significant nearby features Uniqueness (considering the relative rarity In relation to the regional landscape.) Gordon River and Naples Zoo none unctions Mitigation for previous permit/other historic use water quality&storage,wildlife habitat no Anticipated Wildlife Utilization Based on Literature Review(List of species Anticipated Utilization by Listed(peeand(List tpe o species, of use that are representative of the assessment area and reasonably expected to classification(E,T,SSC),type be found) assessment area) small/medium mammals,small fish,crabs,amphibians and birds wading birds(SSC) • Observed Evidence of Wildlife Utilization(List species directly observed,or other signs such as tracks,droppings,casings,nests,etc.): Heard Ospreys and Bald Eagle,saw fiddler crabs,black racer,Red-bellied Woodpecker,squirrel monkey. Additional relevant factors: • Assessment conducted by: Assessment date(s): IVAF 1116/2009 Form 62-345.900(1),F.A.C. (effective date) PART II —Quantification of Assessment Area(impact or mitigation) (See Sections 62-345.500 and.600,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-2 Impact or Mitigation Assessment conducted by: Assessment date: Impact-Boardwalks&Temporary Impact for Pipe Installation VAF 1/16/2009 • Scoring Guidance Optimal(10) Moderate(7) MOnimal(4) Not Present(0) • The scoring of each indicator Condition is optimal and Condition is less than Is based on what would be optimal,but sufficient to Minimal level of support of Condition Is insufficient to suitable for the type of fully supports maintain most wetland/surface water provide wetland/surface wetland or surface water wetland/surface water wetland/surface functions water functions functions assessed. waterfunctions •.500(8)(a)Location and Landscape Support Adjacent to the Gordon River to the west, hydrologically connecting it to Wetland 3 to the west and Wetland 6 to the southeast.Additionally,this wetland abuts the Gordon River to the west and the Golden Gate Canal to the east and is surrounded by scrubby flatwoods along the eastern edges.The assessment area abuts Golden Gate Parkway. w/o pres'or current with .500(6)(b)Water Environment (n/a for uplands) It appears that the construction of the Golden Gate Canal has also disturbed this wetland evidenced by the • Intrusion of some freshwater species and the extention of the wetland since the 1940's.Untreated runoff from Golden Gate Parkway and water from the imparted Gordon River flow through Wetland 2. w/o pies or current with • • ' ,500(6)(c)Community structure This wetland contains some nuisance/exotic vegetation along the edges.The canopy is dominated by laurel oak, 1. Vegetation and/or slash pine,Australllan pine,cabbage palm and melaleuca;the subcanopy.is dominated by Brazilian pepper,wax 2.Benthic Community myrtle,shoe button ardisia,white indigo berry,fetterbush,gumbo-limbo and downy rose myrtle;the herbaceous strata is dominated by saw grass,black needlerush,swamp fern,giant leather fern and golden leather fern. w/o pres or • current with 6 Score=sum of above scores/so (if If preservation as mitigation, For Impact assessment areas uplands,divide by 20) Preservation adjustment factor= current FL=delta(-0.10)x 4.22 acres or w/o Ares With Adjusted mitigation delta= 0'422 • 0,87 ( I 0.57 If mitigation For mitigation assessment areas Delta=[with-current] Time lag(t-factor)= • 0.10 Risk factor= RFG=delta/(t-factor x risk)= • • Form 62-345.900(2),F.A.C. [effective date] • i PART ii —Quantification of Assessment Area(impact or mitigation) • (See Sections 62-345.600 and.600,F.A.C:) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-2 Impact or Mitigation Assessment conducted by: Assessment date: Impact-Fill VAF 1/16/2009 Scoring Guidance Optimal j10) Moderate(7) Minimal(4) Not Present(0) The scoring of each indicator Condition is optimal and Condition Is less than is based on what would be fully supports optimal,but sufficient to Minimal level of support of Condition Is insufficient to suitable for the type of wetlandlsurface water maintain most wetland/surface water provide wetland/surface wetland or surface water functions wetland/surface functions water functions assessed waterfunctions .500(6)(a)Location and Landscape Support Adjacent to the Gordon River to the west, hydrologically connecting it to Wetland 3 to the west and Wetland 5 to the southeast.Additionally,this wetland abuts the Gordon River to the west and the Golden Gate Canal to the east and is surrounded by scrubby flatwoods along the eastern edges.The assessment area abuts Golden Gate Parkway. • vio pres or i curre t with I .500(6)(b)Water Environment (n/a for uplands) ii appears that the construction of the Golden Gate Canal has also disturbed this wetland evidenced by the intrusion of some freshwater species and the extentlon of the wetland since the 1940's.Untreated runoff from Golden Gate Parkway and water from the imparted Gordon River flow through Wetland 2. . w/o pres or with current 7 I 1 -- .500(6)(c)Community structure This wetland contains some nuisance/exotic vegetation along the edges.The canopy is dominated by laurel oak, 1. Vegetation and/or slash pine,Australian pine,cabbage palm and melaleuca;the subcanopy is dominated by Brazilian pepper,wax 2.Benthic Community myrtle,shoe button ardisia,white indigo berry,fetterbush,gumbo-limbo and downy rose myrtle;the herbaceous strata is dominated by saw grass,black needlerush,swamp fern,giant leather fern and golden leather fern. w/o pres or current with 6 I Score=sum of above scores/3o ff If preservation as mitigation, For impact assessment areas uplands,divide by 20) current Preservation adjustment factor= FL=delta(-0.67)x 2.15 acres=-1.44 or w/o ores with Adjusted mitigation delta= 0.67 I i 0 if mitigation • For mitigation assessment areas Delta=(with-current] Time lag(t-factor) • -0.67 Risk factor= RFG=delta/(t-factor x risk)o Form 62-345.900(2),F.A.C. [effective date] PART 1—Qualitative Description (See Section 62-345.400,F.A.C.) • Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-2 FLUCCS code Further classification(optional) Impact or Mitigation Site? Assessment Area Size 6121/6171 Mitigation 54.23 Basin/Watershed Name/Number Affected Waterbody(Class) Special Classificationl.e.orw,AP,other local/state/federal designation of Importance) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands,other surface water,uplands Adjacent to the Gordon River to the west, hydrologically connecting it to Wetland 3 and Wetland 5 to the southeast.Additionally,this wetland abuts the Golden Gate Canal to the east and is surrounded by scrubby ftatwoods along the eastern edges. Assessment area description Disturbed mixed wetland hardwoods/mangrove swamp that is dominated by nuisance/exotic vegetation along the edges and contains many fallen trees.Additionally,it appears that the construction of the Golden Gate Canal has also disturbed this wetland evidenced by the Intrusion of some freshwater species and the extention of the wetland since the 1940's. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) Gordon River and Naples Zoo none Functions Mitigation for previous permit/other historic use water quality&storage,wildlife habitat no Anticipated Wildlife Utilization Based on Literature Review(List of species Anticipated Utilization by Listed Species(List species,their legal that are representative of the assessment area and reasonably expected to classification(E,T,SSC),type of use,and intensity of use of the be found) assessment area) small/medium mammals,small fish,crabs,amphibians and birds wading birds(SSC) Observed Evidence of Wildlife Utilization(List• pecies directly observed,or other signs such as tracks,droppings,casings,nests,etc.): • Heard Ospreys and Bald Eagle,saw fiddler crabs,black racer,Red-bellied Woodpecker,squirrel monkey. Additional relevant factors: Assessment conducted by: Assessment date(s): VAF 1/16/2009 • Form 62-345.900(1),F.A.C. [effective date) • PART II —Quantification of Assessment Area(impact or mitigation) • (See Sections 62-345.500 and.600,F.A.C.) Site/Project Name Appiication Number Assessment Area Name or Number Gordon River Greenway Park WL-2 Impact or Mitigation Assessment conducted by: Assessment date: Mitigation VAF 1/16/2009 Scoring Guidance Optimal(10) Moderate(7) Minimal(4) Not Present(0) The scoring of each indicator • Condition is optimal and Condition is less than • • Is based on what would be optimal,but sufficient to Minimal level of support of Condition is insufficient to fully supports suitable for the type of maintain most wetland/surface water provide wetland/surface wetland or surface water wetland/surface water wand/surface functions water functions assessed functions waterfunctions 500(6)(a)Location and Landscape Adjacent to the Gordon River to the west, hydrologically connected to Wetland 3 to the west end Wetland 6 to the Support southeast.Additionally,this wetland abuts the Gordon River to the west and the Golden Gate Canal to the east and is surrounded by scrubby ftatwoods along the eastern edges.As enhancement,nuisance and exotic vegetation will be removed from the entire wetland.Post-construction,this wetland will be adjacent to a passive recreation area w/o pres or with park facilities and a boardwalk/nature trail will run through portions of the wetland. current with th I • • 500(6)(b)Water(n/a for uplands) pp ears it a ears that the construction of the Golden Gate Canal has also disturbed this wetland evidenced by the intrusion of some freshwater species and the extentlon of the wetland since the 1940's.As enhancement, when feasible,the fallen trees will be removed,creating a more even ground surface and improving the hydrology.The • nuisance and exotic species removal will also allow for more native vegetation to recruit.Finally,a bioretention 1 swale,which will treat runoff for Golden Gate Parkway,will be located adjacent to the buffer of Wetland 2. w/o pres or • current with 7 I I .600(6)(c)Community structure This wetland contains some nuisance/exotic vegetation along the edges.The canopy is dominated by laurel oak, slash pine,Australian pine,cabbage palm and melaleuce;the subcanopy is dominated by Brazilian pepper,wax 1. Vegetation and/or myrtle,shoehorn mariberry,white indigo berry,fetterbush,gumbo-limbo and downy rose myrtle;the herbaceous 2.Benthic Community strata Is dominated by saw grass,black needierush,swamp fern,giant leather fern and golden leather fern:As enhancement,nuisance/exotic vegetation will be excluded from the wetland and fallen trees will be removed when • w/o pres or feasible to allow for natural recruitment. current with 6 Score=sum of above scores/3o (if If preservation as mitigation, For impact assessment areas uplands,divide by 20) Preservation adjustment factor= current FL=delta x acres= or w/o pres with Adjusted mitigation delta= 0.67 I I 0.8 if-mitigation For mitigation assessment areas Delta=[with-current] Time lag(t factor)= 1.0 • 0.13 Risk factor= 1.26 RFG=deltal(t-factor x risk)= 0.104 FL=RFG(0.104)x64.23=5.64 Form 62-345.900(2),F.A.C. [effective date) PART I—Qualitative Description (See Section 62-345.400,F.A.C.) • SIte/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-3 FLUCCs code Further classification(optional) Impact or Mitigation Site? Assessment Area Size Impact Boardwalk-0.04 ac; 025 6301 Kayak channel-0.21 ac Basin/Watershed Name/Number Affected Waterbody(Class) Special Classifications.e.oFw,AP,olheriocaVstatedederei designeion or importance) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands,other surface water,uplands Adjacent to the Gordon River to the east,.hydrologically connected to Wetland 2 to the east and Wetland 5 to the south through the river. Additionally,this wetland abuts the Naples Zoo to the north and is surrounded by spoil and disturbed lands to the west. • Assessment area description • Disturbed forested mix that is dominated by nuisance/exotic vegetation and contains many landscaping plants. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional • landscape.) Gordon River and Naples Zoo none Functions Mitigation for previous permitlother historic use • water quality&storage,wildlife habitat no Anticipated Wildlife Utilization Based on Literature Review(List of species Anticipated Utilization by Listed Species(List species,their legal that are representative of the assessment area and reasonably expected to classification(E,T,SSC),type of use,and Intensity of use of the be found) assessment area) small/medium mammals,amphibians and birds wading birds(SSC) • Observed Evidence of Wildlife Utilization(List species directly observed,or other signs such as tracks,droppings,casings,nests,etc.): none • Additional relevant factors: Assessment conducted by: Assessment date(s): VAF 1/16/2009 Form 62-346.900(1),FAC.. [effective date) • PART 1i -Quantification of Assessment Area(impact or mitigation) (See Sections 62-346.600 and.600,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-3 • Impact or Mitigation Assessment conducted by: Assessment date: impact-Boardwalk VAF 1/16/2009 Scoring Guidance Optimal(10) Moderate(?) Minimal(4) Not Present (0) The scoring of each Indicator Condition is less than Condition is optimal and is based on what would be optimal,but sufficient to Minimal level of support of Condition is insufficient to fuly supports suitable for the type of maintain most wetiandlsurface water provide wetland/surface wetland/surface water wetland or surface water functions wetland/surface functions water functions assessed waterfunctions .500(6)(a)Location and Landscape Support Adjacent to the Gordon River to the east, hydrologically connected to Wetland 2 to the east and Wetland 5 to the south through the river.Additionally,this wetland abuts the Naples Zoo to the north and is surrounded by spoil and disturbed lands to the west. w/o Ares or currentt with ( .500(6)(b)Water Environment (n/a for uplands) This wetland is hydrologically disturbed due to the spoil to the west that isolates the wetland. w/o pres or current with 6 I I 6 .500(6)(c)Community structure This wetland contains many nuisance/exotic and landscaping plants,The canopy is dominated by live oak, 1. Vegetation and/or Austraifian pine,cabbage palm,red mangrove,black mangrove,white mangrove and melaleuca;the subcanopy Is 2.Benthic Community dominated by Brazilian pepper,shoe button ardisia and buttonwood;the herbaceous strata is dominated by swamp lily,camphor weed,wedhUa,swamp fern,giant leather fern and golden leather fern. w/o pres or current with Score=sum of above scores/30 (ir If preservation as mitigation, • For Impact assessment areas uplands,divide by 20) u Preservation adjustment factor= current or r pres with FL=delta x acres=-0.004 Adjusted mitigation delta= 0.57 ( , 0,47 It mitigation For mitigation assessment areas Delta=[with-current] Time lag(t-factor)= -0.10 Risk factor= RFG=delta/(t-factor x risk)= Form 62-345.900(2),F.A.C. [effective date] PART t) —Quantification of Assessment Area(impact or mitigation) (See Sections 62-345.600 and.600,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-3 Impact or Mitigation Assessment conducted by: Assessment date: Impact Dredging VAF 1/16/2009 Scoring Guidance Optimal(10) Moderate(7) Minimal(4) Not Present(0) The scoring of each indicator Condition is less than is based on what would be Gondition is optimal and optimal,but sufficient to Minimal level of support of Condition is insufficient to suitable for the type of fully supports maintain most wetland/surface water provide wetland/surface wetland or surface water wetland/surface water wetiand/surface functions water functions. assessed ' functions waterfunctions .500(6)(a)Location and Landscape poi Adjacent to the Gordon River to the east, hydrologically connected to Wetland 2 to the east and Wetland b to the south through the river.Additionally,this wetland abuts the Naples Zoo to the north and Is surrounded by spoil and disturbed lands to the west. w/o Ares or current with 6 I • .500(6)(b)Water Environment (n/a for uplands) • This wetland is hydrologically disturbed due to the spoil to the west that isolates the wetland. w/o pres or current with 6I • .500(6)(c)Commufllty structure This wetland contains many nuisance/exotic and landscaping plants.The canopy Is dominated by live oak, 1. Vegetation and/or Austraillan pine,cabbage palm,red mangrove,black mangrove,white mangrove and melaleuca;the subcanopy is 2,Benthic Community dominated by Brazilian pepper,shoe button ardisia and buttonwood;the herbaceous strata is dominated by swamp lily,camphor weed,wedilla,swamp fern,giant leather fern and golden leather fern. w/o pres or current with 5I Score=sum of above scores/30 (if If preservation as mitigation, For Impact assessment areas uplands,divide by 20) Preservation adjustment factor= current FL=delta(-0.30)x 0,21 acres=0.063 or w/o ores with Adjusted mitigation delta= . 0.57 I 0.27 If mitigation For mitigation assessment areas Delta=(with-current] Time lag(t-factor) RFG=delta/(f-factor x risk)= 41 -0.30 Risk factor Form 62-345.900(2),F.A.C. [effective dale] • PART 1—Qualitative Description (See Section 62-345.400,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-3 FLUCCs code Further classification(optional) Impact or Mitigation Site? Assessment Area Size 8301 Mitigation 0.95 Basin/Watershed Name/Number Affected Waterbody(Class) Special Classiticattonp.e.oFw.AP,omerboaustatexederai deargnauon of Importance) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands,other surface water,uplands Adjacent to the Gordon River to the east, hydrologically connected to Wetland 2 to the east and Wetland 6 to the south through the river. Additionally,this wetland abuts the Naples Zoo to the north and is surrounded by spoil and disturbed lands to the west. Assessment area description Disturbed forested mix that is dominated by nuisance/exotic vegetation and contains many landscaping plants. Significant nearby features Uniqueness (considering the relative rarity In relation to the regional' landscape.) Gordon River and Naples Zoo none unctions Mitigation for previous permit/other historic use water quality&storage,wildlife habitat no Anticipated Wildlife Utilization Based on Literature Review(List of species Anticipated Utilization by Listed Species(List species,their legal that are representative of the assessment area and reasonably.expected to classification(E,T.SSC),type of use,and intensity of use of the be found) assessment area) • small/medium mammals,amphibians and birds wading birds(SSC) Observed Evidence of Wildlife Utilization(Ust species directly observed,or other signs such as tracks,droppings,casings,nests,etc.): none Additional relevant factors: • Assessment conducted by: Assessment date(s): VAF 1/16/2009 •Form 62-345.900(1),F.A.C. [effective date) I PART It -Quantification of Assessment Area(impact or mitigation) (See Sections 62445.500 and.600,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number • Gordon River Greenway Park WL-3 Impact or Mitigation Assessment conducted by: Assessment date: Mitigation VAF 1116/2009 Scoring Guidance Optimal(1O) Moderate(7) Minimal(4) Not Present (0) The scoring of each indicator Condition Is optimal and Condition is less than is based on what would be optimal,but sufficient to Minimal level of support of Condition is insufficient to suitable for the type of fully supports maintain most wetland/surface water provide wetland/surface wetland or surface water wetland/surface water wetland/surface functions water functions assessed functions waterfunctions .500(6Xa)Location and Landscape Support Adjacent to the Gordon River to the east, hydrologically connected to Wetland 2 to the east and Wetland 5 to the south through the river.Additionally,this wetland abuts the Naples Zoo to the north and is surrounded by spoil and disturbed lands to the west.The proposed development will consist of passive recreation which will not negatively affect this area and extensive nuisance and exotic species removal that will greatly enhance the wetland. w/o pres or current � � wi$ .500(6)(b)Water Environment (n/a for uplands) This wetland Is hydrologically disturbed due to adjacent spoil.With enhancement,the adjacent spoil will be • removed,restoring hydrology. w/o pres or • current with 6 ! 1 s .500(6)(c)Community structure This wetland contains many nuisance/exotic vegetation and landscaping plants.The canopy is dominated by live oak,Austrailian pine,cabbage palm,red mangrove,black mangrove,white mangrove and metaleuca;the 1. Vegetation and/or subcanopy is dominated by Brazilian pepper,slice button ardisia and buttonwood;the herbaceous strata is 2.Benthic Community dominated by swamp fly,camphor weed,wedifa,swamp fern,giant leather fern and golden leather fern.As • enhancement,this area will be maintained excluding nuisance/exotic vegetation and landscaping plants and w/o pres or allowing for desireable vegetation to recruit into those areas. current with 5 I T . Score=sum of above scoresl3o (if If preservation as mitigation, For impact assessment areas uplands,divide by 20) current Preservation adjustment factor= FL=delta x acres= or w/o pres with Adjusted mitigation delta= 0.57 0.7 • If m sit a ion For mitigation assessment areas Delta=[with-current] Time lag(t-factor)= 1.0 0.13 Risk factor= 1.25 RFG=delta/(t-factor x risk)=0.10 • FL=RFG(0.13)x0.95 acres=0.124 ,, Form 62-345.900(2),F.A.C. [effective date] • • PART 1—Qualitative Description (See Section 62-345.400,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-4 FLUCCs code Further classification(optional) Impact or Mitigation Site? Assessment Area Size 6171 Mitigation 0.63 Basin/Watershed Name/Number Affected Waterbody(Class) Special Classificatlong.e.orw,AP,other iacaletate&ederat designation or impedance) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands,other surface water,uplands Wetland 4 is an isolated system located east of Wetland 2 and surrounded by disturbed scrubby flatwoods. Assessment area description • Disturbed mixed wetland hardwoods that has been invaded by melaleuca.The wetland is the sole,isolated freshwater wetland on the site. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape,) Gordon River to the west and Golden Gate Canal to the east none •Functions Mitigation for previous permit/other historic use water quality&storage,wildlife habitat no Anticipated Wildlife Utilization Based on Literature Review(List of species Anticipated Utilization by Listed Species(List species,their legal that are representative of the assessment area and reasonably expected to classification(E,T,SSC),type of use,and intensity of use of the be found) assessment area) small/medium mammals,amphibians and birds wading birds(SSC) • Observed Evidence of Wildlife Utilization(List species directly observed,or other signs such as tracks,droppings,casings,nests,etc.): none Additional relevant factors: • Assessment conducted by: Assessment date(s): • VAF 1/16/2009 •Form 62-345.900(1),FA.C, [effective date J PART II -Quantification of Assessment Area(impact or mitigation) (See Sections 62-345.500 and.600,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park -`l Impact or Mitigation Assessment conducted by: Assessment date: mitigation VAF 1/16/2009 Scoring Guidance Optimal(10) Moderate47) Minimal(4) Not Present(0) The scoring of each indicator Condition Is less than Condition is optimal and is based on what would be fully supports optimal,but sufficient to Minimal level of support of Condition is Insufficient to suitable for the type of maintain most wetland/surface water provide wetiand/surface wetland or surface water wetland/surface water wetland/surface functions water functions assessed functions waterfunctions .500(6)(a)Location and Landscape Support Wetland 4Is an Isolated system located east of Wetland 2 and surrounded by scrubby fiatwoods.The development will include a passive recreational park with nature trails to the north,nuisance and exotic species removal within the wetland and the surrounding uplands,and native platings within the wetland. w/o pres or current with itth .500(6)(b)Water Environment . (n/a for uplands) This wetland Is hydrologically disturbed due to the invasion of melaleuca.As enhancement,the melaleuca will be removed and native species will be planted,thus allowing normal hydrological conditions. w/o Ares or current with 5 I .500(6)(c)Community structure This wetland is infested with nuisance/exolic vegetation;specifically,melaleuca and downy rose myrtle.The 1. Vegetation and/or canopy is dominated by cabbage palm,slash pine and melaleuca;the subpanopy is dominated by wax myrtle, 2.Benthic Community juvenile melaleuca,and downy rose myrtle;the herbaceous strata is dominated by swamp Mm and black needle rush.As enhancement,nuisance/exotic vegetation will be removed and desirable vegetation will recruit into the wetland. w/o pres or current Score=sum of above scores/30 (If If preservation as mitigation, For impact assessment areas uplands,divide by 20) current Preservation adjustment factor= FL=delta x acres= or w/o ores with Adjusted mitigation delta 0.50 I 0.8 It mitigation For mitigation assessment areas Delta=[with-current) Time lag(t-factor)= 1.0 0.30 Risk factor= 1.25 RFG=delta/(t-factor x risk)= 0.24 • FL=RFG x acres=0.15 Form 62-345.900(2),F.A.C. [effective date] • PART I—Qualitative Description (See Section 62-345.400,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-5 FLUCCs code Further classification(optional) Impact or Mitigation Site? `Assessment Area Size 6121 Mitigation 12.54 BaslnMletershed Name/Number Affected Waterbody(Class) Special Ciassiftcation(Le.oFw,AP,other ioc ltstaterrederei destgnouon of imp*. rtance) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands,other surface water,uplands Wetland 6 Is adjacent to the Gordon River to the east and is surrounding by disturbed uplands,and commercial and office space.It is hydrologically connected to Wetland 2 to the east,also adjacent to Gordon River.To the southeast is an area dominated by australllan pine. Assessment area description Disturbed mangrove swamp that contains some nuisance/exotic vegetation along the edges and some spoil areas. Additionally,the hydrology has been altered due to some large tree that have fallen over. Significant nearby features Uniqueness (considering the relative rarity In relation to the regional y landscape.) Gordon River none ipFunctions Mitigation for previous permit/other historic use water quality&storage,wildlife habitat no Anticipated Wildlife Utilization Based on Literature Review(List of species Anticipated Utilization by Listed Species(List species,their legal that are representative of the assessment area and reasonably expected to classification(E,T,SSC),type of use,and intensity of use of the be found) assessment area) small/medium mammals,small fish,crabs,amphibians and birds wading birds(SSC) Observed Evidence of Wildlife Utilization(List species directly observed,or other signs such as tracks,droppings,casings,nests,etc.): none Additional relevant factors: Assessment conducted by: Assessment date(s): VAF 1/1612009 40, Form 62-346.900(1),FA.C. [effective date j PART II —Quantification of Assessment Area(impact or mitigation) (See Sections 62-345.500 and.600,F.A.C.) •• Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-5 impact or Mitigation Assessment conducted by: Assessment date: mitigation VAF 1/16/2009 Scoring Guidance Optimal(10) Moderate( Minimal(4) Not Present(0) The scoring of each indicator Condition is less than Condition is optimal and optimal,but sufficient to Minimal level of support of Condition Is insufficient to is based on what would be fully �s rts p suitable for the type of maintain most wetland/surface water provide wetland/surface wetland or surface water wetland/surface water Wetland/surface functions water functions assessed functions waterfunctions .500(6)(a)Location and Landscape Support Wetland 5 is adjacent to Gordon River,disturbed uplands,commercial and office space.it Is hydrologically connected to Wetland 2 to the east,also adjacent to Gordon River.To the southeast is an area dominated by Austrailian pine.With enhancement,the Australlian pine will be removed from the adjacent uplands eliminating the seed source and nuisance and exotic species will be removed from the wetland. w/o pres or currant with Ili .500(6)(b)Water Environment (nla for uplands) This wetland has spoil piles throughout and some of the ground is disturbed due to large Australian pines that have fallen.With enhancement,spoil will be removed and the Australian pines will be removed Including the fallen trees which have disturbed the surface of the wetland.Resulting In improved hydrology throughout the wetland. wlo pres or current with' ? .500(6)(o)Communitdy structure • This wetland contains large areas of nuisance/exotic vegetation along the edges.The canopy is dominated by 1. Vegetation and/or Australian pine,red mangrove,black mangrove and white mangrove;the subcanopy is dominated by Brazilian 2.Benthic Community pepper(along the edges)and buttonwood;the herbaceous strata is dominated by swamp fern,swamp Gly golden leather fern and giant leather fern.As enhancement,the nulance/exotle vegetation will be removed within the wetland and in the uplands to the southeast eliminating the adjacent seed source. • w/o pres or current with Score=sum of above scores/30 (if If preservation as mitigation, For Impact assessment areas uplands,divide by 20) • Preservation adjustment factor= current FL=delta x acres at or w/o ores with Adjusted mitigation delta= 0.67 1 I 0.6 . - • If mitigation For mitigation assessment areas Delta=[with-current] Time lag(t factor)= 1.0 0.13 Risk factor= 1.25 RFG=delta/(t-factor x risk)= 0.104 FL=RFG x acres=1.3042 Form 62-345.900(2),F,A.C. [effective date) • • PART i—Qualitative Description (See Section 62-346.400,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park • WL-6 FLUCCs code Further Classification(optional) Impact or Mitigation Site? Assessment Area Size 6121 impact-Boardwalk 0.18 Basin/Watershed Name/Number Affected Waterbody(Class) Special Classifrcationae.ofW,AP,other IocaWstatef(ederatdesignarron of Importance) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands,other surface water,uplands • Wetland 6 is adjacent to Golden Gate Canal/Gordon River,a spoil berm to the west and Naples Airport to the east. Assessment area description Disturbed mangrove swamp that contains spoil and nuisance/exotic vegetation along the edges. Additionally,the hydrology has been altered due the deposits of spoil that were placed along the edges of the wetland during the excavation of the Golden Gate Canal. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) Golden Gate Canal to the west and Naples Airport to the east none lbFunctions Mitigation for previous permit/other historic use water quality&storage,wildlife habitat no Anticipated Wildlife Utilization Based on Literature Review(List cif species Anticipated Utilization by Listed Species(List species,their legal that are representative of the assessment area and reasonably expected to classification(E,T,SSC),type of use,and Intensity of use of the be found) assessment area) small/medium mammals,small fish,crabs,amphibians and birds wading birds(SSC) Observed Evidence of Wildlife Utilization(List species directly observed,or other signs such as tracks,droppings,casings,nests,etc.): blue crab shell,rabbit scat,Yellow-crowned Night Heron,Brown Pelican and juvenile Bald Eagle flyover Additional relevant factors: Assessment conducted by Assessment date(s): VAF 1/16/2009 IIIForm 62-345.900(1),F.A.C. j effective date j • PART II —Quantification of Assessment Area(impact or mitigation) (See Sections 62-345.500 and.600,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-6 Impact or Mitigation Assessment conducted by: Assessment date: Impact VAF 1/16/2009 Scoring Guidance Optimal(10) Moderate(7) Minimal(4) Not Present (01 The scoring of each indicator Condition is optimal and Condition is less than is based on what would be optimal,but sufficient to Minimal level of support of Condition is insufficient to fully supports suitable for the type of maintain most wetland/surface water provide wetland/surface wetland/surface water wetland or surface water wetland/surface functions water functions assessed functions waterfunctions .500(6)(e)Location and Landscape Support Wetland 6 is adjacent to Golden Gate Canal and spot areas to the west and Naples Airport to the east. • w/o pres or current 1 with .500(6)(b)Water Environment (n/a for uplands) The hydrology of this wetland has been altered due the deposits of spoil that were placed during the excavation of the Golden Gate Canal. ^ w/o pres or current with 5I i _500(6)(c)Community structure This wetland contains spot and nuisance/exotic vegetation along the edges.The canopy is dominated by 1, Vegetation and/or Australlian pine,cabbage palm,red mangrove,black mangrove and white mangrove;the subcanopy is dominated 2.Benthio Community by Brazilian pepper(along the edges),wild-lime and sea grape;the herbaceous strata is dominated by swamp fern, muscadine grape,scorpion-tall,seashore paspalum,pineland heliotrope,golden leather fern and giant leather fern. w/o pres or current with 6 I • Score=sum of above scores/30 (if If preservation as mitigation, For impact assessment areas uplands,divide by 20) Preservation adjustment factor= current FL=delta(-0.06)x0.18 acres=-0.011 or w/o pres with Adjusted mitigation delta= 0.56 I 0.5 • • if mitigation For mitigation assessment areas • Delta=(with-current) Time lag(t factor) -0,06 Risk factor= RFG=delta/(t-factor x risk) • • Form 62-345.900(2),F.A.C. (effective date] • 40 PART I—Qualitative Description (See Section 62-346.400,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-6 FLUCCs code Further classification(optional) impact or Mitigation Site? Assessment Area Size 6121 Mitigation 4.82 Basin/Watershed Name/Number Affected Waterbody(Class) Special Classificatlonae otw,AP,other iocaVsretelederat designation or Importance) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands,other surface water,uplands Wetland 6 is adjacent to Golden Gate Canal/Gordon River,a spoil berm to the west and Naples Airport to the east, Assessment area description Disturbed mangrove swamp that contains spoil and nuisance/exotic vegetation along the edges. Additionally,the hydrology has been altered due the deposits of spoil that were placed along the edges of the wetland during the excavation of the Golden Gate Canal. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) Golden Gate Canal to the west and Naples Airport to the east none •Functions Mitigation for previous permit/other historic use water quality&storage,wildlife habitat no • Anticipated Wildlife Utilization Based on Literature Review(List of species Anticipated Utilization by Listed Species(List species,their legal that are representative of the assessment area and reasonably expected to classification(E,T,SSC),type of use,and intensity of use of the be found) assessment area) . small/medium mammals,small fish,crabs,amphibians and birds wading birds(SSC) Observed Evidence of Wildlife Utilization(List species directly observed,or other signs such as tracks,droppings,casings,nests,etc.): blue crab shell,rabbit scat,Yellow-crowned Night Heron,Brown Pelican and juvenile Bald Eagle flyover Additional relevant factors: Assessment conducted by: Assessment date(s): VAF 1/16/2009 • • Form 62-346.900(1),F.A.C. j effective date j • PART II _Quantification of Assessment Area(impact or mitigation) (See Sections 62-345.500 and.600,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-6 Impact or Mitigation Assessment conducted by Assessment date: Mitigation VAF 1/16/2009 Scoring Guidance Optimai(10) Moderate(7) Minimal(4) Not Present(0) The scoring of each indicator Condition Is less than Is based on what would be Gondfu is optimal and optimal,but sufgdent to Minimal level of support of Condition is insufficient to fu supports suitable for the type of maintain most wetland/surface water provide wetland/surface wetland or surface water wegand/surface water wetland/surface functions water functions assessed tUnctlons waterfunctions • .500(6)(a)Location and Landscape Support Wetland 6 is adjacent to Golden Gate Canal and spoil areas to the west and Naples Airport to the east.With enhancement,many of the spoil areas will be eliminated(although the berm cannot be removed)allowing for native vegetation to recruit;thus,improving the surrounding habitat, w/o Ares or current ( I with 6.600(6)(b)Water Environment (Na for uplands) The hydrology of this wetland has been altered due the deposits of spoil that were placed during the excavation of the Golden Gate Canal.With enhancement,the spoil will be removed improving the connectivity to the Golden • Gate Canal;thus,improving the hydrology of the wetland. • w/o Ares or current with 51 • .500(6)(c)Community structure This wetland contains spoil and nuisance/exotic vegetation along the edges.The canopy is dominated by Austrailian pine,cabbage palm,red mangrove,black mangrove and white mangrove;the subcanopy Is dominated 1. Vegetation and/or by Brazilian pepper(along the edges),wild-lime and sea grape;the herbaceous strata is dominated by swamp fern, 2.Benthic Community muscadine grape,scorpion-tail,seashore paspalum,pineland heliotrope,golden leather fern and giant leather fern. As enhancement,the spoil will be removed along with nuisance/exotic vegetation.With normal recruitment these w/o pres or areas will be vegetated with desirable,hydrophytic plants. current with 6 I Fr— Score=sum of above scores/30 Of If preservation as mitigation, • For impact assessment areas uplands,divide by 20) Preservation adjustment factor • current FL=delta x acres= • or w/o pros with Adjusted mitigation delta= 057 1 0.73 If mitigation For mitigation assessment areas Delta=[with-current] Time lag(t-factor)= 1.0 0.16 Risk factor= 1.25 RFG=delta/(t-factor x risk)= 0.14 • FL=RFG(0.16)x 4.82 acres=0.7712 Form 62-345.900(2),F.A.C. [effective date] • • EXHIBIT 15 • • • i, i { • I 4.a f { gfp t e.;x " 1 4,stit fv+flflilrif}r. a, �. , cis r r ' or s i aa5 y ',$'" :_,.„.,0' r2r C ` f� V i •+r i ... �, .• ,'X ,,,,,L4r.'-',.,, `4,..., 4.-• t ,.,r,,,,4 , ,,,,,,,,,„ me s 'V tilts— S j 8 noieurw.7.•22222•L 4 xu.w..wr.+.uxw >~]S.,...r artxrr.•.M•W 444..4. y si'•—......,...........„.....—v•-•..,,.. 1. . f (��t 4444 - vxn. oe«+ 1 .;n..rte r a+..+.r].« r'- a21.. . ,.Y mxi,orw.a e u.: • lilt �Irn • K }T i�} _t L 1 i" t _ 7II ,f 11 et 1 , • 41- • .,.a. : ail •1 \, '4".` 4444 rr i »:1 .,...„.........,.....,...,.......,..,„ Listed Species Map ,�, E N T R I X • Gordon River Greanv ay Park m:.e,R•34.r. s,v.,rr:.,.. ,,,,,,..•C_ Collier County.FL =,',,,. Ow.i,nfa]4...Oa.44+44. !r•rGfw.S•,m'+.ra4,.+�.M].,Rw.w,w_0 t.•■••.a•••,1W •e.0.,.e6ro•vo....2..ewIu,J,r,!T„rLpp-.Y.n... • EXHIBIT 16 ra • • • GORDON ,IVE GREENWAY PARK II Gopher Tortoise Habitat Management Plan �l , .� _�, `-,t !N"''''',. r K: s� r t, . - '.' F't ":, 1 '4-.4", — ' ,a , ', 4, ''.-4-." a:: , .7-.. ' y', .rata�,k v ,ot - -"r 4 ` ' _. *r`'i. el �: -� .ter._. !t 1: r . May 2009 March 4, 2010 Revised September 13, 2010 Project Number . 0437177..00 Sall E N T R I X CioL•ie-r Cou ity '''''''W.* Doan to Earth.Omen to Business • • TABLE OF CONTENTS PAGE I. Overview 1 II. Site Description 1 Management and Unit 1 and Unit 2 1 Management Unit 3 2 III. Management Approach and Schedule 2 EXHIBITS • Exhibit 1 Location Map Exhibit 2 Upland Preservation/Land Use Map Exhibit 3 Upland Preservation/Soils Map • I � Gopher Tortoise Habitat Management Plan Gordon River Greenway Park Collier County, Florida I. Overview ENTRIX,Inc.has prepared the following Gopher Tortoise Habitat Management Plan for the Gordon River Greenway Park in Collier County, Florida. The following includes habitat descriptions for each management unit within the proposed gopher tortoise preserve and a summary of proposed management techniques to improve and maintain existing gopher tortoise habitat within the park. II. Site Decription The 123.6±-acre Gordon River Greenway Park is comprised of four distinct parcels located in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida (Latitude/Longitude: 26.168517 N /- 81.784889 W) (Exhibit 1). The upland portion of the largest upland habitat polygon has been proposed as a gopher tortoise preserve because of a healthy population of gopher tortoises currently occupying the •parcel. This preservation area is bordered to the north by wetlands and Golden Gate Parkway, to the south and west by wetlands and the Gordon River, and to the east by Bear's Paw Golf Course. The remaining parcels within the Greenway Park are isolated from the main gopher tortoise preserve by the Golden Gate Canal and the Gordon River, and are bordered by the Naples Airport to the southeast and Goodlette Frank Road and associated commercial development to the south and west. The upland habitats within the proposed gopher tortoise preserve have been subdivided into three management units(units)to facilitate habitat management rotation.The habitat characteristics of each unit were classified pursuant to the Florida Land Use, Cover and Forms Classification System(FLUCFCS)(Florida Department of Transportation,January 1999), and are described below. In addition, the soils found on site were characterized and described pursuant to the Soil Survey of Collier County Area,Florida(1998). " Management Unit 1 and Unit 2 Habitats within Management Units 1 and 2 were classified as Scrubby Flatwoods,<50% Downy Rose Myrtle (FLUCFCS 3271; 18.5 acres) and encompass approximately two thirds of the proposed gopher tortoise preserve following construction of the recreational trails.These management units are considered to be the highest quality habitat currently available for tortoises as evidenced by the dense tortoise population that exists in these units(Exhibit 2).The canopy and mid-story vegetation is comprised of scattered mature and immature slash pine (Pious elliottii) with less than 60 percent canopy closure,live oak(Quercus virginiana),sand live oak(Quercus geminata),and saw palmetto(Serenoa repens). The understory is comprised of wire grass (Aristida. stricta), runner oak (Quercus pumila), and gopher apple (Licania michauxxii), as well as a variety of forbs such as false pennyroyal (Micromeria bronei), and candyroot (Polygala nana). Downy • G:\0437\1 77\.S70B\County RAI Jan 2011\EXhibit 16 GT plan\GT ManagementPlan 09132010.doc Page 1 of 3 • rose myrtle(Rhodomyrtus tomentosa)is moderate to dense in these units. Such coverage lessens the habitat value for gopher tortoises and other wildlife species that frequent this habitat. According to the Soil Survey of Collier County Area, Florida (1998), three soils types occur in Management Unit 1 and two types in Management Area 2 (Exhibit 3). Immokalee fine sand(Collier County Map Unit 7)is a nearly level,poorly drained soil . commonly found on flatwoods and has a seasonal high water table of 6 to 18 inches for 1 to 6 months, and greater than 18 inches during the remainder of the year. In extreme drought conditions, water may recede to a depth of 40 inches or more. Holopaw Fine Sand (Collier County Map Unit 027) is in sloughs and drainage ways with a seasonal water table within 12 inches of the surface for 3 to 6 months of the years, recedes to below 12 inches during the dry season, and will reach a depth of 40 inches during droughts.This soil type is found on the extreme northern edge of Management Unit 1. The third soils type is Durbin Wulfuert Muck;Frequently Flooded(Collier County Map Unit 040) which is typically associated with wetlands. This soil type encompasses a combined 1.7±acres and is found on the outer edge of each management unit adjacent to the forested wetland. Under normal conditions,these soils are typically wet or flooded during extreme high tides,and torrential rainfall. • Management Unit 3 This management unit was characterized as Scrubby Flatwoods, >50% Downy Rose Myrtle (FLUCFCS 3272; 8.0 acres) and comprises the southern third of the proposed gopher tortoise preserve.Habitat within this unit is of moderate to poor quality because of dense stands of downy rose myrtle(greater than 50 percent coverage throughout this area). The remaining native vegetation is similar to that in Unit 1 and 2. However, vegetation in Management Unit 3 is overall much denser than in the other units with little or no herbaceous understory. The soils found within this management unit are similar to those listed above and are classified as Immokalee fine sand(Collier county Map Unit 7) and Durbin Wulfuert Muck; Frequently Flooded (Collier County Map Unit 040) in accordance with the Soil Survey of Collier County Area,Florida(1998)(Exhibit 3). 111. Management Approach and Schedule Passive recreational activities are proposed within non-impacted uplands and the preserve area. Educational/interpretive signs will installed along walking, hiking and biking/rollerblading paths in an effort to maintain the ecological integrity of the management areas utilized by gopher tortoises and to warn the public that gopher tortoises could cross the paths creating a potential hazard to cyclists and roller-bladers. Construction and County maintenance personnel will also be educated prior to construction and on a periodic basis on how to avoid impacts to gopher tortoises and their habitat. Maintenance activities will be conducted in perpetuity and will involve a combination of mechanical treatment, selective hand clearing and prescribed fire. Methods for mechanical treatment for hardwood conifer mixed habitats include mowing, roller- G:\0437\1 77\S7013\County RAI Jan 2011\EXhibit 16 GT plan\GT ManagementPlan 09132010.doc Page 2 of 3 • chopping, or bush hogging that will occur when daytime temperatures are below 75 degrees F (periods of reduced tortoise mobility). Hand pruning or clearing of mid-story vegetation will occur as necessary to control overgrowth and provide additional tortoise forage habitat. Selective harvesting of small (DBH<6 inches)live oaks will maintain a relatively open understory and also provide tortoise foraging habitat. An initial management treatment will be conducted by bush hogging, roller-chopping, mowing or prescribed fire in overgrown areas.Additional management will be conducted at 2-3-year intervals, if necessary to maintain a minimum of 30% total ground area clear of saw palmetto or other shrubs and to promote herbaceous.vegetation growth. Habitat management will be staggered so that every management unit is not maintained during the same year to create a mosaic of suitable habitat. Prescribed burns may be conducted at 3-year intervals if judged feasible and necessary.Appropriate measures will be taken to prevent the spread of the fire to neighboring properties. Fire breaks shall not be constructed within 25 feet of any gopher tortoise burrow,unless tortoises are temporarily removed. Prior to scheduled maintenance activities, a habitat evaluation will be performed by a qualified biologist to determine maintenance requirements. • • • GA0437\1 77\S70B\County RAI Jan 2011\EXhibit 16 GT plan\GT ManagementPlan 09132010.doc Page 3 of 3 re I 4 Pine Ridge Pelican Bay 1 / / ineyards • -11,..-.„ , IV - 0 \NapITI I -., ....- ,...-.es Muni 1 4 ■ -', ■ 1 I El... Project Boundary-123.6 ac.+\- Lely 0 7.000 94,007 F t I II i II 0 2.100 4,200 Mewl tha map and O.data conlartal.11,,ma auGpo13 its et rate ma wartacei ENTRY too .4 ,,,,,,,,tha dams responutNty b r cbm ages Stately*can mt,moms teat may arta.,o.tt SF dm use or prides.et dcs map d Ca t-o ace traaansittaay al eto war b dotamttro It too Location Map . ENTRIX data nn Miaow nye%me toles needs Mt V r 72 Sarasota Ceolq Sttd 01(44/1 378-GG13) trap wes est atm.In move/data ttec Gordon River Greenway Park Mould It De aced at such 8 8 tko uses Sa'az;:la F1.34240 G.(441)378-0787 nabt.tbdtly b atita 1 pz.. arypp 4,4a P,73,b 0 a hC■ansinl surveyor, 'ghee Collier County, Florida MTN entnx com rpsvpad Oy so Co-4c.,o, SySterv. Potd 25 F NAO 1983 U I'M Zone 31I'fc.ei Date 01/2112311 Rev Date■W.f.pm vAF GIs AfwdyV JMS Ltap Cotatment 0437_17_10CalOd_A,1,20110125 mod Fiord,hkentett 04 37-177 PCIF Cowmen 0417.4177_14,4aton_A_1_201I 0 I 25.pill Pim Sue II 5 x It „.. Ne,„.,, ,,, ... ,.. S �,„,...-i virk., , ,. * lept--.../A------- e R �`r it;s W .J. �� 7 z a �F` 0000 ,i ,:' >Z_ ,.. Get t it Ifa 1 # . _ r s d� a 5 0":',''I'�+ 3 �f-•i� 't zf l• 0,w kF O 1• .1'1;4, $01..,. .$ - cs. * ..,Ak) '*„..:44 .”" r , ,4 i-.-, 1 ,..iiii: irm t , k. *".. • • .. 4, 1..„\ . 77 !!r • F,„” r e 'E yr + e#t ,{I k .'"" ''''''".41c":*" / "04 _I. t ,iii .-'' '-- tr. 1Ii ... 1...., y ..., n.m�,..,r VII 4a.Y ,; t =j?• aT d'7 y . +f_; ' W,-fm¢.n.arx,6Y•nw,' '...1t..w . x+1 L++mrnn„ae,.U`.6ra•bw N'.-.•a<+. .t„nf..n.Rronn.ml,1100,+. '� av,,.,,,..„,,,,,,,,0,10,0o MS.fTCA �i 4�kS s3 1 _ a•s..,....•.0#.m' 'IF '� I 'V+rvliovwaN.rtna,..1a*, .f .- •.,::, ,,, ,r>1a T / tOey...T74.ida.0..M.” i' .' , 4, , 1 M�,�, i i 1• ,.,r -LL9.iii:T` ?+i ■,:�. �'` 1'. 'l� WTLC J� l 'y' • ENTRIX Exhibit 2:Upland Preservation I Land Use Map w�� '"y w Gordon River Greenway Park, I 772:,.ftv'.0 Collier County.FL Y : to 0,,,,,'' 0 Mk 4 � �. i. " WS i 1 e P if s g .,,-,..„--,,,,,,t4.‘ 1.,..-,....�! • ,tea},�. 444.4 a•L9%T •y �'1 s, r 4.g g �, "'"H- ..' 1 O�ti d ,(M' - �^.. r,� t .�f 4rF' Q0.. 4tt.. ',. 4 A, / ti ff77L.- ,-,,.7 '1'..'",-:::, t ,,,.1,, ' r F / i. " ' rrit x.,t ; „,,,,,,k,„0. , ' "Y. ;11 r. 4... 4,* 'lit or, . 'AID t C" k � i '1` 1 rr"' sm.s} 'P # 0 y .°j p�p. •' Y i . • ; A 2 {j.'i m. T Y• { .^•t' �.r ♦ Q ' f R t4 r 'r VW T.v gg �t "'ass` - s ,.7•e 0.-` .i 3 y t s " ' i` '. l, at k 'ar irtil, • a,.0 M1JNO e;,w r[wr fa.F:gCA4Y 3 P•.Oh t i O L.VAE:0.it,PLOCSLaiar sa W1a14•uAC.C,,M1Ii,,.x . Fir Inc :<<, '• ...3....0 230 *,.t }�.4+ro.iLM vAA t+L.e.U* . ,s.,,..`I. ,CTertel}ebmay �r r`f • • .."1;ASP'.. ......"'. talommer,.., • h+wednm j .r. w.»•••• as: . .a •c.e.. :w ENTRIX ;�..» Exhibit 3:G Upland Preservation/Soils Map .. ordonRiveerGreenwa Park aa,:rc?+af-a wr-ryx,cfm M.ira. w.w• Y 5.+,1e.i.D.7d e!f:,}14k1 NNN Collier County,Ft. ° •a. • EXHIBIT 17 • • GORDON RIVER GREENWAY PARK Big Cypress Fox Squirrel Management Plan .44$j e y f ',X. March 4, 2010 Revised September 13, 2010 Project Number 0437177 00 S7OA E N T R ! X Coltier County • Down to Earth.Down to Business. • TABLE OF CONTENTS PAGE Introduction 1 Habitat Type 1 Management Goals and Activities 2 Exhibits Exhibit 1 Location Map Exhibit 2 Big Cypress Fox Squirrel Management Area Map • I Big Cypress Fox.Squirrel Management Plan Gordon River Greenway Park Collier County, Florida I. Overview ENTRIX,Inc.has prepared this Big Cypress Fox squirrel Management Plan for the Gordon River Greenway Park,a 125.6-acre passive park located near the corner of Golden Gate Parkway and Goodlette-Frank Road in Collier County,FL(Exhibit 1). The Big Cypress fox squirrel(Sciurus niger avicennia),a state-listed Threatened species, prefers pine-and oak-dominated communities with an open,herbaceous understory for nesting and foraging.Habitat similar to this occurs within the scrubby flatwoods with <50%downy rose myrtle(Exhibit 2),Florida Land Use Cover and Forms Classification System,FDOT(1999)(FLUCFCS 3271)and the adjacent Bear's Paw Golf Course. ENTRIX ecologists observed two(2)fox squirrels(likely a breeding pair)on several occasions foraging within the adjacent golf course,but none were observed within the proposed Gordon River Greenway Park site.It is likely,however,that these animals make periodic use of the proposed upland preserves. According to current State guidelines,active Big Cypress fox-squirrel nests cannot be destroyed during site development.Fox squirrels nest twice a year(January to June and August to December)with July normally being a non-nesting month.Therefore,if fox squirrels are documented within the limits of any proposed clearing for the placement of facilities or boardwalks in the future,Collier County is committed to inspecting each potential nest tree prior to initiating clearing activities to confirm that no fox squirrel nests are being impacted.Construction of the Gordon River Greenway Park project including parking lots,bioswales,and boardwalks,as well as efforts to improve habitat quality are not anticipated to significantly impact Big Cypress fox squirrels or their habitat. II. Habitat Type Scrubby Flatwoods,<50%Downy Rose Myrtle(FLUCFCS 3271;18.5 acres) This area is located on the eastern portion of the property,west of the Golden Gate Canal and Bear's Paw Golf Club.This upland area is considered to be high quality;however, downy rose myrtle has become densely established.The dominant vegetation is saw palmetto(Serenoa repens),slash pine(Pinus elliottii),and wire grass(Aristida stricta) with less than 50 percent downy rose myrtle.The soil is classified as Immokalee fine sand,an upland soil according to the Soil Survey of Collier County Area,Florida(1998). • i G:\0437\1771S70A\Big Cypress Fox Squirrel Mgt P1an109132010 version\bss_bcfs_Mgmt Plant 09132010.doc Page 1 of 2 1 rillit • III. Management Goals and Activities • Pre-development surveys will be preformed for Big Cypress fox squirrel for all Scrubby Flatwoods areas impacted by facilities,boardwalks,and stormwater treatment infrastructure.If nesting Big Cypress fox squirrel are found present in construction areas,a temporary 125-foot no clear buffer will be marked around the nest tree(s).If deviation of this avoidance methodology is proposed,Collier County will present alternative information to FWC for review and approval prior to implementation. • Perpetual maintenance and active management of preserve and non-impacted uplands including Scrubby Flatwoods for utilization by Big Cypress fox squirrel. • Initial and in perpetuity control of nuisance species will improve Scrubby Flatwoods habitat used by Big Cypress fox squirrel. • Placement of educational/interpretive signage along boardwalks and trails that intersect Scrubby Flatwoods to identify Big Cypress fox squirrel and describe life history and habitat requirements. • Gopher tortoise management practices which overlap this management area will provide necessary maintenance events to provide optimal habitat for Big Cypress Fox Squirrel.In addition,pines and oaks will be maintained in these areas in numbers adequate to provide this species with food and cover. G:\0437\1771S70A\Big Cypress Fox Squirrel Mgt Plan\09132010 version\bss bcfs_Mgmt_Plan2 09132010.doc Page 2 of 2 Pelican Bay Pine Rid/e • :t meyards i i 1 \Ill 1 7 j! 1s... ......„ ,,,, Nap \ .aples Muni • le -\. 64 �.. . .00.,10 1! Project Boundary-123.6 ac. +1 ? Lely i 1 0 7,000 11.000 feet • I a I II 0 7100 1.700 Maters 01 nip mot a mined on7an an iiiemooted d win no _F Ete7MX, E tV T R I X sy d arm map `rtey Tor damopes ,etr-, A aAmry.da m Location Map % �t t.. Mobs,0,t d to &a b Ma um spa n UraYa,thou.m Use rwee if the map»"`Urania,' as wormy data,o In nor Gordon River Greenway Park f Vssa ��,d .,��77'.�W SaraMa FL 34210 4(947 778-0767 airman it to brew 4S 4.4 u m Me�a«: r 4 b wi rawer n Y dabs, Ntipred by a Wowed ww.+yer. whom Collier County, Florida FAN.eetrli GOT . rec�mdnv+v ._ > i<:badS Ca,r4nate System Rn075F PIAD 83 UT Zoos 17∎f I al Date 01125,20 t1 Rev Palo aaJolan PA YAF GIS Analy:t:.e18 Slop Document:0437_177_Ei0tl n„A_1 2Yn70125 mr0 Project W.smtnr 0117.177 PDF Dpwmnrt.0437,.177_1ocatlen A l20110125.MU Flot51ze_0.0 a 11 I .. , . :, ' ow • ` • ...... ti ,, rte . • 1 s 4 - . at , ,,,,,,4, --..„ 10,.E Xu. '' yr1 if ter. 6 °>,, r+, r fC:t.'r 11 ■ ..- :' {1M X3 9 + Iii. , .., i,. 'Ai 1 r-s- '. -- , .. ., 61.,._,A .. ,, It ti i RS y` • wig f .. rt: ¶ 5:40 :.a..:1 +s't 4, t . �j:_- Ii1 ` ■ '.4S.t, per + t to ? eI ! tS '_ .�" /"-* A' :tii: .# 1 • ■ 17 !+,�-144 . �} '- A J �.\t a: %S Ilki, P4�1 •_Y � f �!S r�Ir. A , . , .. ,,,, , _,...... , ., . ,°. . uitii�l.ttsm.AbMitri:'wg+wva aet s.Mpa'..6r/tratM+r t1. a t 4 , °.° I 1• i_. 4y, � `'4 MS a.sr.ttit tt. ' F4. ,ihwRVd YA. WIS.'.. u ' •t r+ i 'J a ,{ rof/CPtws)Pr,ie ml i. n r ° Iam,l ♦ b>li,,. y....,. 4 r1 .._Y,..r, - ,mMINuasa11111r s . .. i RlP 1 1 .Y A•-t/un •O ••••••^~ ENTRIX ::::::::^1.11.14,747,:t Exhibit 2:Big Cypress Fox Squirrel Management Plan + ...it w,,. : : Gordon River Greenv:ay Park Ai y.:anrta I •t:=1 -+... ++,...• Collier County.Florida r EXHIBIT 18 ca • • • GORDON RIVER GREENWAY PARK West Indian Manatee Management Plan . . - ' . March 4, 2010 Revised September 13, 2010 . "i 7 77 On 570e ENTRIX eoi tier o-t4.-1-Ity • Down to Earth.Down to Business. • TABLE OF CONTENTS PAGE I. Overview 1 II. Kayak and Canoe Launch 2 III. Additional Assurances 2 A.Construction Operations 2 B.Construction Monitoring and Reporting 2 C.Education Kiosk 3 EXHIBITS Exhibit 1 Location Map Exhibit 2 FWRI Seagrass Database Map Exhibit 3 Manatee Critical Habitat Map Exhibit 4 Manatee Deaths Map 11111 • West Indian Manatee Management Plan Gordon River Greenway Park Collier County, Florida Overview ENTRIX,Inc.has prepared this West Indian Manatee Management Plan for the Gordon River Greenway Park,a 125.0-acre passive park located near the corner of Golden Gate Parkway and Goodlette-Frank Road in Collier County,FL(Exhibit 1). The West Indian manatee(Trichechus manatus),is a State and federally listed Endangered species commonly found in coastal,estuarine,and riverine habitats near coastal areas.Manatees require access to freshwater sources,vascular aquatic plants for foraging,channels of minimum 6-foot depth for movement,and access to natural springs,coves,and warm-water refugia for foraging,mating,and wintering. All of these conditions are found within the Gordon River and Golden Gate Canal areas.The extensive Golden Gate Canal system,dredged in late 1960s,allows boating access to the Gulf of Mexico for several single-and multi-family developments.This canal system flows into Naples Bay.The West Indian manatee is drawn to and capable of accessing the inland canal system,rivers,and bays near the project site to feed,calve,and mate. • Exhibit 2 illustrates the location of the project in relation sea grass beds provided from the Fish and Wildlife Research Institute(FWRI).The U.S.Fish and Wildlife Service(FWS)has identified key areas as"critical habitat"for the manatee(Exhibit 3),which is defined by the Endangered Species Act(ESA)and is afforded high levels of protection. According to the Collier County Manatee Protection Plan(May, 1995),the Golden Gate Canal/Gordon River area is not a significant area for manatee population concentrations or mortality within the County.As such,this region has been designated as a"Slow Speed"zone year round,including the channel(68C-22.023(1)(c)2.Naples Bay south of Gordon River is designated as an"Idle Speed"zone all year round including the channel(68C-22.023(1)(b)1). According to the Florida Fish and Wildlife Conservation Commission(FWC)Research Institute's 2007 Manatee Mortality Report,three(3)manatee deaths occurred within a one(1)mile radius of the project boundary(Exhibit 4).None of these mortalities were attributed to boating collisions or other human-related causes,but were natural or prenatal causes. Based on these results and the fact that motorized vessels will be prohibited in the canoe/kayak drop-off area,the impact to manatees and their habitat should be minimal.Impacts are largely confined to those associated with the construction of an elevated boardwalk through a portion of the coastal mangrove forest and a pedestrian bridge across the Gordon River.Installation of these structures and selection of materials will use Best Management Practices to minimize impacts to the surrounding habitat.Footers for the pedestrian bridge will be installed in the adjoining mangroves to avoid any construction or obstruction within Gordon River that might impact manatees or their movements. Although potential negative impacts to manatees are minimal,Collier County is committed to • implementing the FWC Standard Manatee Conditions for.In-Water Work(July 2005)for all G:\043711771S70B\Manatee\agw14 mf manatee 09132010.doc Page 1 of 3 • bridge and boardwalk work conducted within Gordon River to ensure the safety of manatees. Therefore,a determination that the project"May Affect,but is Not Likely to Adversely Affect"is appropriate for the West Indian manatee. II. Kayak and Canoe Launch No traditional power boat facilities, including boat ramps, dock, mooring, lifts or storage facilities,are proposed with the Park project.The project will construct a kayak and canoe launch to access the Gordon River and Golden Gate Canal as blueway trails.No impacts to West Indian manatees are anticipated as a result of these Park's water related activities. 111. Additional Assurances A. Construction Operations Prior to initiation of construction,the contractor shall instruct all project personnel about the listed status of manatees,their possible presence near the project site,and the need to avoid collisions with manatees. Construction personnel will also be advised of the civil and criminal penalties resulting from a successful conviction for harming, harassing, or S killing manatees under applicable state and federal laws.Manatee awareness signs will be posted prior to and during all aquatic construction activities as part of the MPP. As necessary,turbidity and erosion control measures,e.g.,turbidity screens,will be placed in a manner that minimizes or prevents a risk of entanglement for manatees. Turbidity and erosion control measures will be removed as quickly as water quality conditions allow. All work in the water with heavy equipment, e.g., placement of piling, will cease if manatees are observed within 300 feet of the work location. A log detailing all sightings, collisions,or injury to manatees will be kept by the contractor. B. Construction Monitoring and Reporting To minimize potential adverse effects to the West Indian manatee,the Applicant is committed to implementing the FWC Standard Manatee Conditions for In-Water Work (July 2005)for all bridge and boardwalk work conducted within Gordon River to ensure the safety of manatees. Therefore,the project is not anticipated to have adverse.effects to this species. Within sixty days of project completion,a report summarizing any incidents or sightings of manatees shall be submitted to the U.S. Fish and Wildlife Service (FWS) and the Florida Department of Environmental Protection (FDEP) Manatee Recovery Program. Any collisions with manatees during project construction will immediately be reported to Manatee Hotline (1-800-342-1821) and to the FWS, Jacksonville (904-791-2580). The educational display to be posted at the canoe/kayak launch will include the telephone numbers needed to report any boat/manatee collisions. G:\0437\177\S70B\Manatee\agw14_mf manatee 09132010.doc Page 2 of 3 • C. Education Kiosk Prior to use of the proposed kayak and canoe launch, a permanent educational display will be established and maintained at the launch to increase the awareness of users about the possible presence of manatees and actions that can be taken to minimize harm and harassment to manatees. The display will also include information on manatee ecology; its federal and state protected status; the civil and criminal penalties for harming, harassing or killing manatees;and the manatee"hotline"number for reporting collisions. The display will also illustrate established Idle/No Wake Speed Zones. Prior to implementation, the text of the educational display will be submitted to the FWS for review and approval. Collier County will be responsible for the implementation and maintenance of the educational display. 1 ''Manatee Basics for Boaters' Mill m SLOW sr.., • • r .0 Sl t t Figure 1: Example of a Manatee Awareness Sign • G:\0437\177\S708\Manatee\agw 14_mf manatee 091320I0.doc Page 3 of 3 4 L \\ Pelican Bay ti i11e Rid e • 41 ineyard s 1 1 1 r 1 r f "tt, \\ k‘,, \CI -,.... ,,_,,,,,,,,, il Ill , J ,,,,7,- Napleist tt"")t. ,,,s,pJes AR.rr i t1 4 "° .,: Project Boundary-123.6 ac. +1- Lely O 7,000 14,000 Fen l I 1 II o 1.100 4.200!.'eter3 1:t3 moo sod 4.1 Ube Cara-ed wn,tee 1.F ee as to a r/.EN7wx.bx E N T R I X re syd W. epos at•Yhf&mot/. ... caw+f lrin i'y du R -ry YI3O out ^. '. eae. «a Location Map tr m�a of tee . . trap ess rot been°`":"tv eb t Gordon River Greenway Park p °y'�"'e,Blvd ( `"'a4'"' m1p a, t �«,a: ,y<ss WzGota.FL 34240 k(9411378-0787 Ca ad It W wood*4..Ch 1113 IN uses rooe. b b al:Mr rope,W," W./ Collier County, Florida vx,w.ert;rix.com en,be 1.7 • 1:••'xee e�n.ep3r. ..+..+ y aay4ru leo 4 31. tl,p a./5 GO.>rna3late System. R•y 25 E NAD 1983 UT Mt Zo;.s 171.1 test Date 01)00/2011 R0 4 Dale:extob.x P6"147 GIS Analyst:J!A®Map 00wrre4l:04)7_i 77-bfa10n_A_t_20110125.mud ROW 34ampx 0407-177 POP Cxortort 0437 0401,1 77_Innbn A_7_20110125.Of Rat Sao-0-6.11 •\ , • „ , . . ,......• , ,,..... i- �� 'e �` K a s i 'F* e A..,� � � ,.„Y., _ \,r A, . , I.iii' '', :' `� y bi • • tt i ` r + , ) • fir.,, . 1 ,., ..r . 7 b f.1 ..,...4..."9' { 'I lG ,. SSA t• x,= \ - • '-i., •...,:;'. .•• - •-. • ' ' ,y A- ! a a. \ $ 9 l r s \ , . -y, . t ), rxe xas.r. • , - .- if •' to eb• • ENTRIX Exhibit 2:FWRI Seagrass Map .Gordon My n • .� Gordon River Greenway Park , ..•'•.':::::,°' ,. ,..,.,° ,, :rec..t 2;M ^ Collier County.Florida •.-, l.. _. - < 4 ,yi 4i- fi : a _ 8 r ' ti -. . '• •- . 1 d :x e L C sf.t, tj. 5 I \ ', ' s :4F ,✓iii yLY- 1,,,,,'.1 1w.. 4 -. ,.:. ENTRIX Exhibit 3:FWS Manatee Critical Habitat Gordon River Greenway Perk ,...m�r.>,ir ais:yacn, T•� •.... Collier County,Florida •r,ee,.SO. .:....,a . .i {w.a. ,oru<. r,.. , }} 1 a v so � . ,.-t ,,d . §111 $ ,, E N 7:11:41.... , a , \ -, •.... ■ • • • ■ • j x * {V d e * Sc� j ,# , ki E{. � > � ; i �, J l ; i ' ,'i _ ,� ."• .....,■ \'� ta ..,..: 0 r ..,,," ,,..., 4k ::,. . . . . ... . i . . _ , . .. . 1 _ AiSk ' t E N T R I X """"" Exhibit 4:Manatee Mortality Map Gordon River Greenway Park a+=,r..I �+;a. ,,,,,,,,,w, L Collier County,Florida wrw . • EXHIBIT 19 0 ) • • 0 " .'x e r n ----,;:4,',,,,t. � }j5 '5 e s �l r � � ',� � ,� i7 s e°,1 ' � - .°, ` r � ? tt1 i a 3 5.� h _., 4 s- , t . " : - -b ,n":. u • 0 GORDON RIVER GREENWAY PARK Wading Bird Management Plan t, r � s a r.t 3 4,.-;.;'aLi :411-4,.. .4*... f 1,,,' 44:1414.,,, -II, , --- :. , . ..,.. . ,, . ... ...,,. i-. , . , ..if . • March 4, 2010 Project Number 0437177,00 $700 +v+i F s,.' m '`kf ,,arm s*, .. 0 "� ,. '=£_ , -. . �. y y ,� r +_ ENTRiX C00 • - ays y Down to Earth.Down to Business. • CIO • TABLE OF CONTENTS PAGE I. Overview 1 II. Habitat Type 2 III. Wading Bird Species 4 IV. Management Goals and Activities 4 TABLES Table 1. State and federally listed species that occur,or have the potential to occur within the Gordon River Greenway Park. Table 2.Wetland Use Calculations EXHIBITS Exhibit 1 Location Map Exhibit 2 Wood Stork and Wading Bird Rookery Map Exhibit 3 Wetland Limits Map Exhibit 4 Land Use Map • • • Wading Bird Management Plan Gordon River Greenway Park Collier County, Florida Overview ENTRIX,Inc.has prepared this Wading Bird Management Plan for the Gordon River Greenway Park,a 123.6-acre passive park located near the corner of Golden Gate Parkway and Goodlette-Frank Road in Collier County,FL(Exhibit 1). With the exception of the state and federally endangered Wood Stork(Mycteria americana),all of the birds listed in Table 1 below are Florida Species of Special Concern,except for the Yellow-crowned Night Heron(Nyctanassa violacea),which is not listed.During the extensive fieldwork conducted by ENTRIX ecologists as part of this project,several listed and non-listed wading birds were observed foraging within the exposed and mangrove-dominated shorelines along the Gordon River and Golden Gate Canal. No nesting by listed wading birds was observed,but a small rookery of non-listed Yellow-crowned Night Herons was observed on a small mangrove island located at the intersection of Gordon River and the Golden Gate Canal. Although this island is not currently used for nesting by listed species,its use in the future is possible.A review of the Florida Fish and Wildlife Conservation Commission(FWC)online Wood Stork/wading bird rookery database(Exhibit 2),revealed that only one wading bird colony was located within five(5)miles of the project boundary,and this colony has been inactive during the past decade.The project boundary is also within the 18.6-mile Core Foraging Area(CFA)of some of the most significant Wood Stork nesting colonies in southwest Florida;especially those at Corkscrew Swamp Sanctuary(Exhibit 2). Exhibit 2 also illustrates the location of the Yellow-crowned Night Heron rookery on one of the two mangrove islands within the project area.It is unlikely that nesting by any listed wading bird might occur elsewhere(other than the mangrove islands)on the project site within the mangrove-dominated wetlands along Gordon River due to the presence of predators(raccoons,rats). Activities within areas utilized by wading birds include:a park node with parking and maintenance facilities,pedestrian boardwalks through wetlands adjacent to the Gordon River,two 10-foot pedestrian bridges over the River,a temporary impact for the construction of a stormwater conveyance pipe to a water quality treatment bioswale,and dredge a channel through existing wetlands to connect the Gordon River to a kayak drop and tidal lagoon.The total acreage of these wetland impacts are 4.76 acres,and the non- impacted wetlands totals 75.21 acres(Table 2). • G:\0437\177\S70B\County RAI Jan 2011\EXI9 WADING BIRDS\bss01 Wading_Mtg`Plan.doc Page 1 of 5 Table 1.State and federally listed species that occur,or have the potential to occur within the Gordon River Greenway Park. Typical Probability of Common Name Scientific Name FWC FWS Habitat Occurrence Utilized Yellow-crowned Night Heron Nyctanassa violacea - - Observed (Mangrove Island Rookeries) Limpkin Aramus guarauna SCC Not Likely Little Blue Heron Egretta caerulea SSC High Reddish Egret Egretta rufescens SSC High Roseate Spoonbill Platalea ajaja SSC High Snowy Egret Egretta thula SSC High Tricolored Heron Egretta tricolor SSC High White Ibis Eudocimus albus SSC High Wood Stork Mycteria americana E E High Offsetting wetland impacts through the enhancement of non-impacted wetlands will also enhance habitat for wading birds.The project shall eradicate nuisance non-native vegetation on the entire property(79.4 acres)and will provide for long-term management including continued nuisance control of native areas.It is anticipated that wetland areas may become more suitable for Wood Storks and other state-listed wading birds once nuisance control activities have been initiated(increase in suitable foraging area,etc.), and active management of preserved and non-impacted wetlands is maintained in perpetuity. Table 2.Proposed Native(Non-impacted)Wetland Calculations Wetland Area Proposed Proposed Native Number (acres) Native(Non- (Non-impacted impacted ac.) Percentage) WL-2 60.6 56.27 91.3% WL-3 1.2 0.95 79.2% WL-4 0.63 0.63 100% WL-5 12.7 12.7 100% WL-6 5.0 4.82 96.4% TOTAL 80.13 7537 94.1 11. Habitat Types ENTRIX delineated,pursuant to State and federal regulations,wetlands that occur within the Gordon River Greenway Park project area(Exhibit 3).The delineated wetlands were divided into six(6)discrete polygons(Exhibit 3)based on their Florida Land Use,Cover and forms Classification System(FLUCFCS),(FUOT January 1999)classification or combination of classifications(Exhibit 4).The wetland IDs and land use habitat types in their current conditions are summarized below.The 79.4 acres(which excludes project G:10437\1771S70B1County RAI Jan 20111EX19 WADING BIRDS\bss01_Wading_Mtg_P1an.doc Page 2 of 5 • impacts from dredge/fill activities and shading)of non-impacted wetlands will be available for wading birds to loaf,forage and potentially nest.The focus for wading bird rookery management will be the two mangrove islands at the southern extent of the project areas within the Gordon River. Wetland 2 (60.6 acres; FLUCFCS 6121/6171) Mangrove Swamp Disturbed/Mixed Wetland Hardwoods Disturbed Wetland 2 encompasses most of the property and is directly connected to the Gordon River to the west and to the Golden Gate Canal to the east.Additionally,the Naples Zoo is located west of this wetland and Bears Paw Golf Course is to the east.This wetland is of moderate quality:disturbances consist of nuisance/exotic vegetation(35%)and many fallen trees.The canopy along the edge is comprised of laurel oaks,slash pine,Australian pine,cabbage palm,and melaleuca.Red mangrove,black mangrove,buttonwood,and white mangrove comprise the other canopy species in the midzone of the wetland.The sub-canopy consists of Brazilian pepper,gumbo limbo(Bursera simaruba),wax myrtle (Myrica cerifera),white indigoberry(Randia aculeate),Spanish stopper(Eugenia foetida),shoe button ardisia,and lyonia(Lyonia ligustrina).The herbaceous stratum contains sawgrass(Cladiumjamaicense),black needlerush(Juncus romerianus),swamp fern,golden leather fern(Acrostichum aureum),and giant leather fern(Acrostichum danaeifolium).The soil in this system is classified as Durbin and Wulfert Mucks, frequently flooded,which is included on the list of hydric soils for Collier County. Wetland 3(1.2 acres;FLUCFCS 6301)Wetland Forested Mixed Disturbed Wetland 3 is a tidally influenced forested system that lies west of the Gordon River and south of the Naples Zoo.It is located on the northern half of the property and is part of a larger system that extends along the western edge of the Gordon River.This wetland is very disturbed,contains spoil piles throughout the system and a swale along the southern edge,and is comprised of approximately 90 percent nuisance/exotic vegetation. Nuisance/exotic vegetation includes;Brazilian pepper,Australian pine,and shoe button ardisia.Dominant vegetation consists of Australian pine with scattered red mangrove and buttonwood in the canopy;Brazilian pepper,cabbage palm,and shoe button ardisia in the sub-canopy;and golden leather fern,giant leather fern,Boston fern(Nephrolepis exaltata),and swamp fern in the herbaceous stratum.The soil in this system is classified as Durbin and Wulfert Mucks,frequently flooded,which is included on the list of hydric soils for Collier County. Wetland 4(0.6 acres;FLUCFCS 6171)Mixed Wetland Hardwoods Disturbed Wetland 4 is located west of the Gordon River and north/south/east of Wetland 2.This freshwater system is low quality and has been invaded by melaleuca.There is slash pine, cabbage palm,wax myrtle,downy rose myrtle, and swamp fern along the edge of this system.Melaleuca comprises the canopy and sub-canopy within the wetland mid-zone, and black needlerush comprises the herbaceous layer.The soil in this system is classified as Immokalee fine sand,an upland soil series. Wetland 5(12.7 acres;FLUCFCS 6121)Mangrove Swamp Disturbed Wetland 5 is located west of Gordon River and is of medium quality with some nuisance/exotic species present. It has a ditch at the southern end and is bordered by commercial facilities to the west and south. A Bald Eagle(Haliaeetus leucocephalus) G:\0437\l77\S70B\County RAI Jan 20111EXI9 WADING BIRDS\bss01 Wading_Mtg_Plao.doc Page 3 of 5 • was observed flying above the wetland. This wetland'contains many fallen trees and nuisance/exotic vegetation.Species observed in the wetland canopy include scattered Australian pine,red mangrove,black mangrove and white mangrove.The sub-canopy is primarily comprised of Brazilian pepper,cabbage palm and buttonwood.The herbaceous stratum is comprised of crinum lily,swamp fern,giant leather fern,and golden leather fern. The soil is classified as Durbin and Wulfert Mucks,frequently flooded,which is included on the list of hydric soils for Collier County. Wetland 6(5.0 acres;FLUCFCS 6121)Mangrove Swamu Disturbed This wetland is located east of the Gordon River and immediately west of the Naples Airport. Wetland 6 is connected to Gordon River to the north and west. This system is of medium quality due to the presence of nuisance/exotic vegetation and fallen trees. Wildlife is expected to utilize this wetland often for foraging and nesting purposes;a Yellow-crowned Night heron(Nyctanassa violacea)and Brown Pelican(Pelecanus occdentalis)were observed. Vegetation present in the wetland canopy includes Australian pine,red mangrove,buttonwood,black mangrove,and cabbage palm. A sub- canopy is present along the edge of the wetland and is comprised of Brazilian pepper, seagrape(Coccoloba uvifera),and wild lime(Zanthoxylum fagara)..Species found in the herbaceous stratum include giant leather fern,golden leather fern,oyster plant (Tradescantia spathacea),scorpion's tail(Heliotropium angiospermum),seashore paspalum(Paspalum vaginatum),pineland heliotrope(Heliotropium polyphyllum)and • grapevine(Vitis rotundifolia). The soil is classified as Durbin and Wulfert Mucks, frequently flooded,and Hallandale fine sand which are included on the list of hydric soils for Collier County. Wading Bird Species Table.1 summarized wading bird species that have been observed,or have the potential to utilize the project area preserves. IV. Management Goals and Activities • Perpetual nuisance plant species control to enhance wetlands and improve areas available for loafing,foraging and nesting.Depending on severity of nuisance coverage,nuisance control should be preformed every one to three years.Target species include:Brazilian pepper(Shinus terebinthifolious),Australian pine (Casuarina equistetifolia),downy rose myrtle(Rhodomyrtus tomentosa)and other Category I and II species on the Florida Exotic Pest Plant Council (FEPPC).Nuisance control should occur anytime that invasive species exceeds 10%of the coverage within a given habitat type.A goal of 5%or less of nuisance species coverage should be established for all preserve areas within the Park. • Collier County Parks and Recreation Department and local law enforcement will enforce park lands and waterways utilization by pedestrians and boaters to minimize harm and harassment of Yellow-crowned Night Heron rookeries,and • future wading bird rookeries.Ability to issue fines for wading bird violations under County,State or federal laws provides further assurance to achieve G:\0437\1771S70B\County RAI Jan 2011\EX19 WADING BIRDS\bss0I Wading Mtg_Plan.doc Page 4 of 5 • management goals of maintaining and expanding areas within the park for wading birds. • Collier County Parks Department staff will provide periodic trash removal, potentially quarterly,within non-impacted wetlands and Gordon River to minimize the potential for foraging birds from ingesting plastics and other harmful waste materials. • Annual assessments of preserve areas to determine level of wetland functionality for wading birds,particularly current and future rookery success.Implement a water quality sampling program,perform bird and nest counts,track nest success and sample for abundance and distribution of wading bird prey species to assess health of Park preserves at various trophic levels. • Allow for adaptive management strategies as wading bird needs change and the population in Collier County grows. • Maintain Gordon River and associated mangrove swamps and other wetlands, along with proposed bioswales and stormwater management features to provide well-established foraging locations over a wide range of seasonal water levels. • The Collier County Parks Department will install educational/interpretive signage along boardwalk and trail segments as well as at parking and trailhead kiosks.The educational information will include pictures and descriptions of wading birds and their habitats as well as information about violations and enforcement pertaining to the harm and harassment of these species. • • G:\04371177\S70B\County RAI Jan 2011\EX19 WADING BIRDS1bss01 Wading_Mtg_Plan.doc Page 5 of 5 t ti l Pine Rid e Pelican Bays • L ineyards \\It i i 1 \iikl 1_ I '`ti' :es Mtu:r Naple I i 1 1E1 Project Boundary-123.6 ac. +1- Lely 0 7.000 14,000 Fes { r I II 0 2,100 4200 Motors 1k;.map and a.Ma'J codaarol groat P. �nn M n a m ar warranty ENT MX,ix E N T R I X ,9ms+y bsUems rnpa+s.mu:s kr Mamaga: IRA use At rts..10 c1 aaresy a ary es1 In WV may uae CO Location Map . .t ....... gvsx.4y r na tn,r b a.s.mam.x o-.. IN r Seta`W. map""""°severM`',' Gordon River Greenway Park i2 a'ascta Center O VI 1941)9.80863 Map as not sll lM u .Is Mara. c ,nc.M tt ca end sue auto.a I.ex u-r,a $arx�Jia,FL 342-09 b(411)371249787 roarswas b ca:an mew survey eva. AMP. Pnpxea ty a .c.,3451 .u4 yr. w,rr. Collier County, F orida t1Yfa.ettirf>f.00et two 42 0 Cccf ilt 1t Sys0 ll Peg 20F NAO1983 UM;Zcot ill iev Dale.01125;7011 Rer Dale:a thokh,P1/POE G5 A1ayxr 16+5 Map Doam elk 0437_177 b Gig an A_t 2J110125 mso Floist:Number 0437.171 POP Cocam.nt:0431_177_ba0On A.1 70t1017SCMt Rol Size:8.}z 11 f t + M`a r _ p i 1 a f peg ; 4i6-4-----"- * y��` t:.#: 0 , :a t 6. i w _c, s n. t` •. .< __.. 4.,.:1'.' 1. Ai r . • 3 s E'4• ?} E s e t tt It Y Y Y. ` J^.s ,s tt sO `a r t J • V11610 SICL. ! ' tiP • • "—v • c M6vvwnm' v ya.4assa Jsbwrn, CO 444 s. t r � „ a E N T R I X Wood Stork/Wading Bird Rookeries Gordon River G,ocnvay Park :,•.���t, � I i;�::vz:.+ -w��, ;��; Collier County,Florida +,.<s.•«° S,a o,xnm..a>.5-_S •Y.:ase w c,••S w<.rsi nr <.E<..,<,,z,•>s<s«.n.,,...«.w3'fl PV+..,ea!nr.,<,�e.<.�<aca•<:.=o+.<>.. f E tj • 8 r ^ j> . ll ,) - . # P. ., ' a,, < t S; ,��✓� ^err/ :A.:,'"':.='.;'''';.:''47°'-.'/ i'1'8',. '' ,i. ..,% .-"‘j ,I;I: r ■ • .. 0 fat a 4 > - .yr t' 't . 01I . ir,'—.'//5•• %;,. fit, , ,, ` .; ',"..., ' ,g, r . " r•I'j--11"fg. lei . "' ` s 4 `IMF 0 `- � . � _ Y kit"� ^11e e,' 1 r, s .. - F 1�g JR J ,--.- ( i ■ ry� •TTF 1 G t . ,.s�f,,' - lei. +,.&. f 6 i ; :"' "�`t S/ r#1g- * , - ,. + raF� k a .1b. ,,r a"' pc '� r"x°iC 11 `g� t� Z.• ..c 0 rnyeaecmeay-1zs.ex.� r^• WeUard 2.60.6 ac+t- "' 'X - .4l8CaM 9.1.2 ac..i• - } x11,...15 . � ..I. t WetbM<-0.6 a:.1- a„t WetW.M 5-12:7 ac q. ( t +i: •t ,g -.N:MIanJE-50s:... q�”1 �t/1 UPbnd 7vea-i0.5 ac•l- i' li :, '_ .'FF r ya ij , r+•r... • f .r l � ^^ ..w; ,I� ENTRIX �- Exhibit-3 Wetlands Map 1A7 "' Gordon River Greenway Park X=1'=-"jai I..ainx4sn "•� Collier County,Florida . ror A, 4s^.,a-;a..ars.w.tMvaa.....,-,.U.e.>q.a.a..r Ml>-,».l.,,tl-,_Ui'...♦ u,.•-..w:,"i K,Utt✓.•a W,tl«>,.Ur.,f,1>t1Ww M.'..>1>1,n '. i 4.4:4 it* , 41— – i ..t . cri , . s4 _– a 1. 1 j ,A. . §✓ . I.;1, i awe, • 16 i •yq + 9.1 , ±A ,1 i d1 ^.t es !r//{j l i r 4 ! .R Yea -Anita 3lifH _:fi(!,z,..) ! 1 . fit. ' 7, ' iT't1,?;„ i .. a-: ... ... . - .• . , .. ,, ,.,•„7„,..,....,er , .. ,40,..c., _ . k , - .. . , , : ...4., .„,„„...._ _ , iok.7 , ,,. ., ,. ,..,,1,1 VI 2 _ . , r,„, , . .., .A, a, 1' IR * ' ,,, ' ''' , $1:i , ,‘..,.1,7:11:. V....E. +y eg b t "4 e i 1y,i '4. 11.s* ,'1'•4., ,e VI vet( ; 4 .4 4, 4W,: - �. .... j`." • f . . � i ! Legend Reject 1 2 3 850•Pad$and 2ocs•1 6 At.+ " rag J t • om.:. 3271-Scabby Flatoxds.450'S Doeny Rosa Myrtle•16.6 ac.+1. .'. - Ge .'. - 3272-Scrubby Flatwo*ds.>50%Dewey Rose mole.6 0 ac H- I 1 4111-Denoted Pine FOtwoods-2.4 ac.6- • 4341•Hardwood i Conlerous l Pero Mixed-3.3 ere+1- ; 5130-ORdi-0.4 aa•4 7..r,r,• •'^F–._ _ $ ,-.-. ! 6t21-Mengrola Swamp Ctstuttled-72.1 ac+1• r ° c. p.�� 1 41 6171-l'Anted Wetland t iatd000ds Motorised-72 as+1- ,.tR A 7 ; 1 'r > t + 'mss J 6301-Wetlard Forested Mated Doted:ad•12 ac.+l- .3e«::. t 74C0.0:stwbed Lands•4 3 ac 6- I, [` a 7430•Spat Areas•20 an+', „I s. ,, I .• n� .tik- 4144,: MO- lot-25ac+`: • !�� ENTRIX Exhibit-4 Land Use Map '11''; r 4',':t)( 1•erRj11' ', Gordon River Greenway Park .::.w w, Collier County,FL .:.•u.,,. I+pr. .114 Y.: .. O+:O..Y.t•ca.<H...��auti....a t,t n ri r.•IICw - y.s'rn_I,.„,,, 4.a,n+ww Mw.rtrr was,wet M.r.tn.s..w.rf.t......M'L.w.,f • EXHIBIT 20 • a 4 Plant list of Gordon River Common names Scientific names • Status AIR-POTATO Dioscorea bulbifera Not native N/E I AMERICAN BEAUTYBERRY Callicarpa americana Native UPL AMERICAN EVERGREEN Syngonium podophyllum Not native NiE I ARECA PALM Dypsis lutescens Not Native AUSTRALIAN UMBRELLA TREE Schefflera actinophylla N/E I AUSTRALIAN-PINE Casuarina equisetifolia FAC N/E I BALSAMPEAR Momordica charantia Not native BAMBOO Bambusa sp. FACU Not Native BANYAN TREE Ficus benghalensis Not native BEAUTY LEAF Calophyllum sp. N/E I BEGGARTICKS, SPANISH NEEDLES Bidens alba Native FAC BISHOPWOOD Bischofia javanica N/E I BLACK MANGROVE Avicenna germinans OBL BLACKROOT Pterocaulon pycnostachyum Native BOTTLEBRUSH THREEAWN Aristida splciformis FAC BRACKEN FERN Pteridium aquilinum FACU BRAZILIAN PEPPER Schinus terebinthifolius FAC WE I BUSHY BLUESTEM Andropogon glomeratus Native FACW BUTTONWOOD Conocarpus erectus FACW CABBAGE PALM Saba!palmetto FAC CAESARWEED Urena lobata FACU N/E II •CALLOOSE GRAPE Vitis shuttleworthii FAC i ': CANDYROOT Polygala nana FACW x` CARDINAL AIRPLANT Tillandsia fasciculata (E)FL CARROTWOOD Cupaniopsis anacardioides FAC N/E i CASTORBEAN Ricinus communis NIE II CHAPMAN'S OAK Quercus chapmanii Native CHINABERRYTREE Melia azedarach N/E II COASTALPLAIN STAGGERBUSH Lyonia fruticosa FAC COCO PLUM Chrysobalanus icaco FACW COCONUT PALM Cocos nucifera FACU not native COINVINE Dalbergla ecastaphyllum FACW COMMON DAYFLOWER Commelina diffuse NoT Nativ FACW COMMON RAGWEED Ambrosia artemislifoiia Native UPL CORAL VINE Antigonon leptopus N/E Ii CREEPING OXEYE, WEDELIA Sphagneticola trilobata FAC N/E II CURE-FOR-ALL, PUCHEA Pluchea carolinensis FACW CUT-LEAF PHILODENDRON Monstera deliciosa Not native DAHOON holly Ilex cassine OBL DOGFENNEL Eupatorium capillifolium Native FAC DOWNY ROSE MYRTLE Rhodomyrtus tomentosa FAC NiE I DROPSEED, PINEYWOODS Sporobolus junceus Native DWARF LIVE OAK Quercus minima Native EARLEAF ACACIA Acacia auriculiformis FAC N/E I FLORIDA PAINTBRUSH Carphephorus corymbosus FACU FLORIDA ROYAL PALM Roystonea regia FACW Endagere FLORIDA SWAMPPRIVET Forestiera segregata FAC FLORIDA TASSELFLOWER Emilia fosbergii Not native • . . G:1srg104371177\5700\dds Plantlist Gordon River FOGFRUIT, MATCHWEED Phyla nodiflora FAC FORKED BLUECURLS Trichostema.dichotomum Native GALLBERRY Ilex glabra FACW GIANT LEATHER FERN Acrostichum danaeifolium OBL GOLDEN LEATHER FERN Acrostichum aureum OBL(T) GOLDEN POLYPODY Phlebodium aureum Native GOLDENROD Solidago spp. Native FACU GOPHER APPLE Licania michauxii Native GREENBRIER Smilax auriculata FACU GREENBRIER Smilax sp. , Native FACU GROUNDCHERRY Physalis angulata FAC GROUNDSEL TREE Baccharis halimifolia FAC Native GUINEAGRASS Panicum maximum FAC N/E II. GUMBO-LIMBO Bursera simaruba Native Hamelia patens FIREBUSH Native HURRICANEGRASS Fimbristylis cymosa Native FAC INDIAN LAUREL Ficus microcarpa N/E I INFLATED &REFLEXED WILD PINE Ti/landsla balbislana (T)FL JAVA PLUM Syzygium cumin! FAC, N/E I LANTANA Lantana camara FACU N/E I LATHERLEAF; ASIAN NAKEDWOOD Colubrina asiatica FAC N/E I LEADTREE Leucaena leucocephala N/E II LIFE PLANT Kalanchoe spp. N/E II LIMPOGRASS Hemarthria altissima N/E II 9 LIVE OAK Quercus virginiana UPL LONGAN Dimocarpus longan Not native LOPSIDED INDIANGRASS Sorghastrum secundum FACU LOVE VINE Cassytha filiformis FAC Native MAHOE Talipariti tiliaceum N/E II,FAC MAHOGANY, WEST INDIAN Swietenla mahagonl Threatened,FL MALABAR PLUM; ROSE APPLE Syzygium jambos FAC,N/E II MARYLAND GOLDENASTER Chrysopsis mariana UPL MASTIC, FALSE Sideroxylon foetidissimum Native MELALEUCA, PUNKTREE Melaleuca quinquenervia N/E I,FAC MOTHER-IN-LAW'S TONGUE Sansevieria hyacinthoides Not native N/E II MULLEIN NIGHTSHADE Solanum donianum Threatened,FL MUSCADINE GRAPE Vitis rotundifolia FAC MYRSINE Rapanea punctata FAC NAPIERGRASS Pennisetum purpureum FAC N/E I. NARROWLEAF SILKGRASS Pityopsis graminifolla Native NEEDLE RUSH, BLACK RUSH Juncus roemerianus OBL Native NETTED PAWPAW Asimina reticulata Native Endemic OYSTER-PLANT Tradescantia spathacea. N/E II PAPAYA Carica papaya Not native PAPER MULBERRY Broussonetia papyrifera N/E II PARTRIDGE PEA Chamaecrista fasciculata FACU Native PASSIONFLOWER, CORKYSTEM Passiflora suberosa Native PENNYROYAL, WILD FALSE. Piloblephis rigida Native PINELAND ACACIA Acacia pinetorum Native PINELAND HELIOTROPE Hellotropium polyphyllum FAC . PINGUIN Bromelia pinguin Not native PIPEWORT, HATPINS Eriocaulon spp. OBL • G:1srg1043711771S7001dds Plantlist Gordon River 0 PLUCHEA, SWEETSCENT Pluchea odorata FACW POISON IVY Toxlcodendron radicans FAC POKEWEED . Phytolacca americana UPL POND APPLE Annona glabra. OBL PRICKLYPEAR Opuntia stricta FACU Threat.FL RECLINATA, SENEGAL DATE PALM Phoenix reclinata NIE II. RED BAY Persea borbonia FACW RED CEDAR Juniperus virginiana FACU RED MANGROVE Rhizophora mangle OBL RESURRECTION FERN Pleopeltis polypodioides Native ROSARY PEA Abrus precatorius NIE I ROSE-RUSH Lygodesmia aphylla Native ROYAL POINCIANA Delonix regia Not native RUSTY STAGGERBUSH Lyonia ferruginea FAC SAFFRON PLUM, BUMELIA Sideroxylon celastrinum FAC SALTGRASS Distichlis spicata OBL Native SALTWATER FALSEWILLOW Baccharis angustifolia OBL Native SAND LIVE OAK Quercus geminata Native SATINLEAF Chrysophyllum oliviforme Threatened,FL SAW PALMETTO Serenoa repens FACU SCORPIONSTAIL Heliotropium angiospermum FACU SCRUB OAK Quercus inopina Native Endemic SEAGRAPE Coccoloba uvifera FAC SEASHORE PASPALUM Paspalum vaginatum OBL SENSITIVE PEA Chamaecrista nictitans FACU Native SEPTICWEED Senna occidentalis Not native ; • - SHINY BLUEBERRY Vaccinium myrsinites UPL SHOEBUTTON Ardisia elliptica FAC N/E I SHORTLEAF GAYFEATHER Liatris tenuifolia Native SHORTLEAF ROSEGENTIAN Sabatia brevifolia Native FACW SHRUBBY FALSE BUTTONWEED Spermacoce verticillata Not native • SIDA, LLIMA Sida cordifolia Not native SIMPLELEAF CHASTETREE Vitex trifolia NiE II SLASH PINE Pinus elliottii FACW SMALL-LEAF CLIMBING FERN Lygodium microphyllum NiE I SNOWBERRY Chiococca alba FAC SOUTHERN NEEDLELEAF Tillandsia setacea Native SOUTHERN SANDBUR Cenchrus echinatus Native SPANISH STOPPER Eugenia foetida Native SPINY BLACK OLIVE Bucida molinetil Native ST.JOHN'S-WORT,ATLANTIC Hypericum tenuifolium Native FACU STRANGLER FIG; GOLDEN FIG Ficus aurea Native FAC SUGARCANE Saccharum officinarum FACU not native SWAMP BAY Persea palustris OBL Native SWAMP FERN Blechnum serrulatum FACW TICKTREFOIL Desmodium sp. Native TORPEDOGRASS Panicum repens FACW NIE V TREAD-SOFTLY; FINGER-ROT Cnidoscolus stimulosus Native TREMMA, NETTLETREE Trema micranthum Native FAC TROPICAL ALMOND, WEST INDIAN Terminalia.catappa N/E II. TURKEYBERRY Solanum torvum NIE II • TWISTED AIRPLANT Tillandsia flexuosa (T)FL G:\srq\0437117715700\dds Plantlist Gordon River f 0 VALAMUERTO, Christmas cassia Senna pendula var. glabrata N/E I VIRGINIA CREEPER Parthenocissus quinquefolia FAC WAX MYRTLE Myrica cerifera FAC WHITE INDIGOBERRY Randia aculeata FAC WHITE MANGROVE Laguncularia racemosa OBL WHITE STOPPER Eugenia axlllaris Native WHITEJACKET Aniseia martinicensis Not native. WHITEMOUTH DAYFLOWER Commelina erecta Native WHITEWOOD Drypetes diversifolia Endangered WILD BANYAN TREE Ficus citrifolia Native FAC WILD COFFEE Psychotria nervosa FAC WILD LIME Zanthoxylum fagara Native WIREGRASS Aristida stricta FAC WOMAN'S TONGUE Albizia lebbeck N/E I YELLOW STARGRASS Hypoxis spp. FACW YELLOWEYED GRASS Xyris spp. FACW Scientific names Common names (Status Abrus precatorius ROSARY PEA FAC N/E Acacia auricullformis EARLEAF ACACIA Native Acacia pinetorum PINELAND ACACIA OBL(T) Acrostichum aureum GOLDEN LEATHER FERN OBL 0 Acrostichum danaeifolium GIANT LEATHER FERN N/E I Albizia lebbeck WOMAN'S TONGUE Native UPL Ambrosia artemislifolla COMMON RAGWEED Native FACW Andropogon glomeratus BUSHY BLUESTEM Not native Aniseia martinicensis WHITEJACKET OBL Annona glabra POND APPLE N/E II Antigonon leptopus CORAL VINE FAC N/E I Ardisia eliiptica SHOEBUTTON FAC Aristida spiciformis BOTTLEBRUSH THREEAWN FAC Aristida stricta • WIREGRASS Native Endemic Asimina reticu/ata NETTED PAWPAW OBL Avicennia germinans BLACK MANGROVE OBL Native Baccharis angustifolia SALTWATER FALSEWILLOW FAC Native Baccharis halimifolia GROUNDSEL TREE FACU Not Native Bambusa sp. BAMBOO Native FAC Bidens alba BEGGARTICKS, SPANISH NEEDLES FACW Blechnum serru/atum SWAMP FERN • Not native Bromelia pinguin PINGUIN N/E II Broussonetia papyrifera PAPER MULBERRY Native. Bucida molinetii SPINY BLACK OLIVE Native Bursera simaruba GUMBO-LIMBO Native UPL Callicarpa americana AMERICAN BEAUTYBERRY Not native Calophyllum sp. BEAUTY LEAF N/E I Carica papaya PAPAYA FACU Carphephorus corymbosus FLORIDA PAINTBRUSH FAC Native Cassytha fliformis LOVE VINE FAC N/E I Casuarina equisetifolia AUSTRALIAN-PINE Native G:\srg10437\1771S700\dds Plantlist Gordon River Cenchrus echinatus SOUTHERN SANDBUR FACU Native • Chamaecrista fasciculata PARTRIDGE PEA FACU Native Chamaecrista nictitans SENSITIVE PEA FAC Chiococca alba SNOWBERRY FACW Chrysobalanus kaco COCO PLUM Threatened,FL Chrysophyllum oliviforme SATINLEAF UPL Chrysopsis mariana MARYLAND GOLDENASTER Native Cnidoscolus stimulosus TREAD-SOFTLY; FINGER-ROT FAC Coccoloba uvifera SEAGRAPE FACU not native Cocos nucifera COCONUT PALM FAC N/E I Colubrina asiatica LATHERLEAF; ASIAN NAKEDWOOD NoT Nativ FACW Commelina diffusa COMMON DAYFLOWER Native Commelina erecta WHITEMOUTH DAYFLOWER FACW Conocarpus erectus BUTTONWOOD FAC NIE I Cupaniopsis anacardioides CARROTWOOD FACW Dalbergla ecastaphyllum COINVINE Not native Delonix regia ROYAL POINCIANA Native Desmodlum sp. TICKTREFOIL Not native Dimocarpus longan LONGAN Not native NIE I Dioscorea bulbifera AIR-POTATO OBL Native Distichlis spicata SALTGRASS Endangered Drypetes diversifolia WHITEWOOD Not Native Dypsis lutescens ARECA PALM Not native Emilia fosbergli FLORIDA TASSELFLOWER OBL Eriocaulon spp. PIPEWORT, HATPINS Native Eugenia ax/Jlaris WHITE STOPPER Native Eugenia foetida SPANISH STOPPER Native FAC Eupatorium capillifolium DOGFENNEL FAC Ficus aurea STRANGLER FIG Not native . Ficus benghalensis BANYAN TREE Native FAC Ficus citrifolia WILD BANYAN TREE NIE I Ficus microcarpa INDIAN LAUREL Native FAC Fimbristylis cymosa HURRICANEGRASS FAC Forestiera segregata FLORIDA SWAMPPRIVET Native Hamelia patens FIREBUSH FACU Heliotropium angiospermum SCORPIONSTAIL FAC - Heliotropium po/yphyllum PINELAND HELIOTROPE N/E II Hemarthria altissima LIMPOGRASS Native FACU Hypericum tenuifolium ST.JOHN'S-WORT, ATLANTIC FACW Hypoxisspp. YELLOW STARGRASS OBL Ilex cassine DAHOON holly FACW Ilex glabra GALLBERRY OBL Native Juncus roemerianus NEEDLE RUSH,BLACK RUSH FACU Juniperus virginlana RED CEDAR N/E II Kalanchoe spp. • LIFE PLANT OBL Laguncularia racemosa WHITE MANGROVE FACU N/E I Lantana camara LANTANA NIE II Leucaena leucocephala LEADTREE Native Liatris tenuifolia SHORTLEAF GAYFEATHER Native Licania michauxll GOPHER APPLE Native Lygodesmia aphylla ROSE-RUSH NIE I • Lygodium microphyllum . SMALL-LEAF CLIMBING FERN. FAC G:\srg10437\177\S700\dds Plantlist Gordon River • Lyonia ferruginea • RUSTY STAGGERBUSH FAC Lyonia fruticosa COASTALPLAIN STAGGERBUSH N/E II , Melaleuca quinquenervla MELALEUCA, PUNKTREE N/E I,FAC Melia azedarach CHINABERRYTREE Not native Momordica charantia BALSAM PEAR Not native Monstera deliciosa CUT-LEAF PHILODENDRON FAC Myrica cerlfera WAX MYRTLE FACU Threat.FL ,Opuntia stricta PRICKLYPEAR FAC N/E II Panicum maximum GUINEAGRASS FACW N/E I Panicum repens TORPEDOGRASS FAC . Parthenocissus quinquefolia VIRGINIA CREEPER OBL Paspalum vaginatum SEASHORE PASPALUM Native Passiflora suberosa PASSIONFLOWER, CORKYSTEM FAC N/E I. Pennisetum purpureum NAPIERGRASS FACW Persea borbonla RED BAY . OBL Native Persea palustris SWAMP BAY Native Phlebodium aureum GOLDEN POLYPODY N/E II. Phoenix reclinata RECLINATA, SENEGAL DATE PALM FAC Phyla nodiflora. FOGFRUIT, MATCHWEED FAC Physalis angulata GROUNDCHERRY UPL Phytolacca americana POKEWEED Native Piloblephis rigida PENNYROYAL, WILD FALSE FACW Pinus elliottii SLASH PINE Native Pityopsis graminifolia NARROWLEAF SILKGRASS Native Pleopeltis polypodioides RESURRECTION FERN . FACW 10 Pluchea carolinensis CURE-FOR-ALL, PUCHEA FACW • Pluchea odorata Pluchea SWEETSCENT FACW Polygala nana CANDYROOT FAC Psychotria nervosa WILD COFFEE FACU Pteridium aquilinum BRACKEN FERN Native Pterocaulon pycnostachyum BLACKROOT Native Quercus chapmanii CHAPMAN'S OAK Native Quercus geminata SAND LIVE OAK Native Endemic Quercus.inopina SCRUB OAK. Native Quercus minima DWARF LIVE OAK UPL Quercus virginlana LIVE OAK FAC Randia aculeata WHITE INDIGOBERRY FAC Rapanea punctata MYRSINE OBL Rhizophora mangle RED MANGROVE FAC N/E I Rhodomyrtus tomentosa DOWNY ROSE MYRTLE N/E II Ricinus communis CASTORBEAN FACW Endagere Roystonea regla FLORIDA ROYAL PALM FAC Sabal palmetto CABBAGE PALM Native FACW Sabatia brevifolia SHORTLEAF ROSEGENTIAN FACU not native Saccharum ofcinarum SUGARCANE Not native N/E II Sansevieria hyacinthoides MOTHER-IN-LAW'S TONGUE N/E I Schefflera actinophylla AUSTRALIAN UMBRELLA TREE FAC N/E I Schinus terebinthifolius BRAZILIAN PEPPER Not native Senna occidentalis SEPTICWEED N/E I Senna pendula var. glabrata VALAMUERTO, Christmas cassia FACU Serenoa repens SAW PALMETTO Not native SIDA, LLIMA • Sideroxylon celastrinum SAFFRON PLUM, BUMELIA Native • Sideroxylon foetidissimum MASTIC, FALSE Native FACU Smilax sp. GREENBRIER FACU Smilax auriculata GREENBRIER Threatened,FL Solanum donianum MULLEIN NIGHTSHADE N/E II Solanum torvum TURKEYBERRY Native FACU Solidago spp. GOLDENROD FACU Sorghastrum secundum LOPSIDED INDIANGRASS Not native Spermacoce verticillata SHRUBBY FALSE BUTTONWEED FAC N/E II Sphagneticola trilobata CREEPING OXEYE, WEDELIA Native Sporobolus junceus DROPSEED, PINEYWOODS Threatened,FL Swietenia mahagonl MAHOGANY WEST INDIAN Not native N/E I Syngonium podophyllum AMERICAN EVERGREEN FAC, N/E I Syzyglum cumin! JAVA PLUM FAC,N/E II Syzyglum jambos MALABAR PLUM; ROSE APPLE N/E II,FAC Talipariti tiliaceum MAHOE N/E II. .. Terminalla catappa TROPICAL ALMOND, WEST INDIAN Native • Tillandsia spp. AIRPLANT; WILD PINE (T)FL Tillandsia balbisiana INFLATED &REFLEXED WILD PINE (E)FL Tillandsia fasciculata CARDINAL AIRPLANT (T)FL Tillandsia flexuosa TWISTED AIRPLANT Native Tillandsia setacea SOUTHERN NEEDLELEAF - FAC Toxicodendron radicans POISON IVY N/E II Tradescantia spathacea OYSTER-PLANT Native FAC Trema micranthum TREMMA, NETTLETREE Native Trichostema dichotomum FORKED BLUECURLS FACU N/E II . Urena lobata CAESARWEED UPL ;. Vaccinium myrsinites SHINY BLUEBERRY N/E II Vitex trifolia SIMPLELEAF CHASTETREE FAC Vitis rotundifolia MUSCADINE GRAPE FAC Vitis shuttleworthii CALLOOSE GRAPE. FACW Xyris spp. YELLOWEYED GRASS Native Zanthoxylum fagara ' • • •-4" ,.; w • r • 0111,• „ ".1 • ' .. .t. , . ; • f-, i ,If' • •• si. • '141.1 - •;11 ' , I 11;1. I■C 4,11 ‘1. .1‘11'' 1 Al 11 '4 I r: !.14,•.; 4+.• iti . 110- • t! 01 ;I? 4 ,•4,1; I '“•41,1. 41. 01;it ;1■.:'11 ••• 111 = '1%1 4t ' 11 t A1,1 1.1 11 1.1■H :10 , ;,he'f :r • trs or 1,,q -Cf•••••■.it 01, III 1;4'1,„, 1 1. ...■+•11. 1,4 "•• 1! ,?, ! k. !I!:; ir! * !`4*'" 4 ••,1 • :4;1_2 1444 144,,, 1,1!!31'..111',, lor,.31. 1,i.".01.- • ,-.4• ' 7 • EXHIBIT 21 • • i •• FLORIDA DEPARTMENT OF STATE • .E Kurt S.Browning ki% 2 $ 2008 Secretary of State DIVISION OF HISTORICAL RESOURCES Gflt; "T 1,0ER Ms. Melissa Hennig August 25,2008 Collier County Facilities.Management • 3301 East Tamiami Trail,Building W • i} Naples,Florida 34112 In Re 'DHR Project File No 2008-04974./Received by DI R: August b,2008_ • • A Phase II A rchaeological Assessment of 8CR1063, Gordon River Greenway Parcel, • Colliei County, Florida • 8< .Dear Ms. Hennl.lg �} x�h ° LE t; x.. x : Our office received and reviewed the above referenced survey report in accordance with. Chapters 267 and 373 of the Florida Statutes,for possible adverse impact to.cultural resources 1. (any prehistoric•or historic district,site,building,structure,or object)listed,or eligible for , listing;in.the National Register of Historic Places(NRHP). In December 2007,Archaeological and Historical Conservancy,Inc.(AEC)conducted an CI • archaeological and historical Phase:1I assessment Site 8CR 1063 on behalf of the Collier,County • Parks and Recreation Department.AHC placed seven lxl meter eXcavation units within Site 8CR1063 in order to refine the site's chronology,determine if it has significant associations with Henry Nehrling,and to assess.its eligibility for listing on the NRHP.After analysis of the recovered artifacts,AHC determined that:Site 8CR1063 is a historic refuse site dating to the 1940's and 1950's.Because the site is too late to be associated with Henry Nehrling and lacks features,cultural strata,or research potential, ABC determined that 8CR1063 does not appear to - be eligible for listing on the NRHP.AHC recommends no,further investigation of the site• Based On theinformatioa provided,our office concurs with these determinations and finds the • submitted report complete and sufficient in accordance with Chapter 1A-46,Florida • I Administrative Code:. However,please forward an original print of the report to our office so that we can submit the � report to.the Florida Master Site File. • For any.questions concerning our comments,please contact April Westerman,Historic • Preservationist,by electronic mail at arnwesterman@a,dos:state.fl.us,or by phone at(850)245= • • • 6333.We appreciate your continued interest in protecting Florida's historic properties. • Sincerely, • P. Frederick P:Gaske,Director,and State Historic Preservation Officer coo S.Bronough Street .• Tallahassee,FL 32399-0250 • http://www.flheritatexorn ( 13 Director's Office.. O Archaeological Research / 65 Historic Preservation (850}245-6300.•FAX:245-6436 (850)245-6444•FAX 245-6452 (850)245-6333±FAX 24.5-64 7 • COPY EXHIBIT V. E . PUBLIC FACILITIES EXHIBIT V.E. PUBLIC FACILITIES SUMMARY Provide the existing Level of Service Standard(LOS) and document the impact the proposed change will have on public facilities: The subject Growth Management Plan Amendment is proposed to fulfill Restrictive Covenants requiring that the property be designated with the most restrictive land use designation permitting only conservation and open space uses. The property was recently rezoned to the Public Use (P) zoning district in order to utilize the property for a 123± acre community park. Public facility impacts were extensively evaluated during the recent zoning case and it was determined that the public facility impacts for the park use were less than those permitted under the residential, commercial,and conservation zoning designations previously in place. The proposed Future Land Use Map amendment to redesignate the 123+/- acre parcel from Urban Mixed Use District, Urban Residential Subdistrict to Conservation will have no new public facility impacts, and there are no level of service impacts associated with the proposed Future Land Use Map change. Exhibit V.E.Public Facilities Summary Page 1 of 1 COPY EXHIBIT V. F. GNI S31dtlN JO Al 13 0 O -C N c7 S ON g N O U. F N Z F e., C31.1/i0 AO 't I W N 6 Z N i _ . n n . N -x u_I yyI O LIJ N y U li ` B@ cc Z 6 ''_ `^44,y, b W Z C1 1 N �... I 'r O t r' 0 0 0 `a ' ' zr- d '!.'UH yr 33 __ °a„ i 1 k ti N N k 1 1 2 ,``` m € °e 3 6 yy 1J9 i. IcIy� 3 '7 1 i ._ .erg \ E I 4 1 _ It I 1 1 <Y t ,°J Cr, 1 1! ' „ L- L3,a./1 A.,o 109.9.0 0000 M0183-30310000 I '1S Hirt n-u LL r-u-L>t u c / / cz-so mo:a•w-s�-e ∎AMAI YACOA 1.1k1530 o,sa sa ai-n xz-n-rw 13301S HUS I nor,ram: I- a U le t n er N $ a O g t 'L-' —, cc '15 HUI - 0 O n d F - 4-- 10441 l l ' W W s < U Z LA <-' eV' L'' .c x5 _ J t w '1 < K 3 .r__1_f_2tA 2 , W 0O 0 5 10 Cr-s 0! g 8 '10 H101 W W 0 1— a i 1. < U 011- O O k O v ry z Z <- U O O 1 1 ! n N i t'S_n Well III/111131 i ' 1 531)V11 30 A10 g ya> EXHIBIT V.F. Page 1 of 2 NSrc6 < . -"Z oO 5 i A ° ;.1 z0, = a ra r ; g� 19-n;GN z iN el W .• ..�Ca O O N _ U e Z.OOJ } _ O W = _ NCO . J i a - • !- U o i , ka d< ; € g aa .mil a31a1 NOOa00 �I. �' \' 1''./ €, ; r O$ a N 1331115 NO 1 i k 6 4 z to % re I IP I: i 2 CC -,.. d,2 , \ w =mot Aanen3e 1 E l u s : 1 g , 11114 1 eGK9 wet-w-a-zr to-22ot� t 1 11�la _ I F [r-L 1-00-9 e9-et-0 4 ......-.. ri -' =L. Mil'11'0 avoa 2a5va3-7113'1[1000 J w R evn:v.4.1 9mv9nwt91041911\]0 �KK tV m \ 92-11 90-00-19-0 It-fl L II 1331i1S H1N331a9LL 00-41.0110 am 41-91-9 9t =K9 4M-w-w-39 90-52-1 0 K-W Mel-W-19-011 F9-92-91 0 ' K� l 91-99-991 CO`!t 11 It Z t-01 t-L9 M'�e y w 1 T Z IN-4 KKSKS b-ta-9 2 ti9u4i91YYN91-tt I '14, -3T'MM a0mav W1-00 09-0tK1 1 5 ri SSaEET y�y r �1� U 133>J15 N1S139u K 9. co a r > a ¢ J „3 Y i lafAO H'""3-5 a W W W Z z ; 5, m Z Z w w i 1331115'4N3N313 W W w H Z� Z 1- s _, 113 ; ows HL31 K j- W O ¢------ iiiiiiii a U can O° 0 tn A N N ` E 111 III.11 9w- 1w— OUW °. - ¢ a ¢ to H1N1N U U U w to 133N1S O 0 O t,r-, e..,,. z Z z UO l or3 I Zv 1 1 It-s'n Alli IY I r — I n i i €fig i iii I S33dVN d0 A110 1 ili ■ EXHIBIT V.F. Page 2 of 2 COPY EXHIBIT V. G. SUPPLEMENTAL INFORMATION c LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q. Grady Minor and Associates, P.A. (Name of Agent(s)) to serve as my Agents in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. I r / Signed: / /1 4 Date: /"-- Barry Milan i's, Director / Collier County Parks and Recreation I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. 1 I Signature of Applicant Barry Williams, Director Collier County Parks and Recreation Name-Typed or Printed STATE OF ( I-t 2,° ,,\ ) COUNTY OF ( Lie:: ) Sworn'o and subscribed before me this 71° day of _ -t! 2011-(7 73 by; (ftJ I 'Wil.f ,,V MY COMMISSION EXPIRES: 'Notary Public _,.,, ,., `'t-�"'• 5.4ARON UMPE 4 IOUF *:* ri 1.4, M,"COMMISSION*/0839534 CHOOSE ONE OF THE FOLLOWING: .r4 ' EXPIRES.Uecemt,r,;.2013 bya mss !landed Thru Notary Pubilt urwerwriiers J �`f who is personally known to me, who has produced as identification and did take an Oath did not take and Oath NOTICE-BE AWARE THAT: Florida Statute Section 837.06 - False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of%500.00 and/or maximum of a sixty day jail term." 3753295 OR: 3950 PG: 2563 This instrument was prepared PROUD in 0!fICIAL"'CORDS of COLLIIA CO.OIII, it without review or opinion of title by 12/14/2005 at 04:31 Plf DVIGH? 0. BROCI, CLIME John M.Passidomo i , ▪ CheffyPassidomo • cURS 50493395/0 r Wilson&Johnson,LLP • 821 Fifth Avenue South ROC 111 53.80 DOC-.TO 353453.80 tts\. Naples,Florida 34102 Retn: (239)261-9300 Miff/ PASSIDORO ii IL 4-'-1 821 5T1 AYI S #201 WARRANTY DEED RAPLES EL 34102 THIS WARRANTY DEED,made the I I day of December,2005,by Charles Fleischman • III,as to an undivided 49.61%interest in the herein-described property,whose post office address is '. Fleischman Enterprises,4001 Carew Tower,Cincinnati,Ohio 45202,and Dorette L Fleischman Nvi - Viets a/k/a Dielle Fleischmann Viets,as to an undivided 25.195%interest In the herein-described property,whose post office address is do Mr.Philip Lawrence,Inverness Counsel,Irnc.,545 Madison Avenue,New York,New York 10022(singularly or collectively"Grantor"),to The Trust for Public • Land,a California not for profit corporation,whose post office address is 1595 Bay Street SE,Suite 3, St.Petersburg,FL 33701 (singularly or collectively"Grantee"): (Wherever used herein,the terms"Grim 43 :• "Grantee"include all parties to this instrument and the heirs,legal.+;.. s .4"'i.- L of individuals,and the E successors and assigns of co i E WITNESSETH• That . �< • : .•• in cansidera•• ,• o sum of Ten Dollars($10.00) . and other valuable considenatio whl-i" !- P ;ac''a• -•:ed,,hereby grants,bargains, Esells,aliens,remises,releases, .,. ipr u e: e .:- e'ce , it,im. , :4:undivided 74.805%interest in and to that certain land situa+ i in r f a t? .° t IF1, yill• See Composite Exhibits A an. .1N.eJ _:1' ,0 ,=.e c . • o by reference(the`Property") 4 TOGETHER with all 3,-a7fe rc'retS,heredity ce •-;j e• ee �'> meta thereto belonging or in anywise appertaining. : TO HAVE AND TO HOLD,e• ••• e- ...s: • . . AND,the Grantor hereby covenants with said Grantee that the Grantor is lawfnily 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 taxesfor the current year for that portion of the Property identified by Parcel Identification No.61940200006 and taxes for subsequent years for that parcel and the balance of the Property-,zoning and use restrictions imposed by governmental authority;restrictions and easements common to the subdivision;outstanding oil,gas and - mineral interests of record,if any;undated lease agreement between Naples Zoo,Inc.and The Trust for Public Land,and any right,title or interest arising thereunder,and the Permitted Exceptions described on Exhibit B attached and incorporated herein by reference. t. GRANTORS HEREBY represent and warrant that the Property is not Grantor?Florida homestead;that neither Grantors nor Grantors'family reside at the Property or on adjacent property;and that Grantors,in fact,reside at: Charles Fleischman III residence address: 9575 Cunningham Road,Cincinnati,Ohio 45243; Dorette L.Fleischmann Viets residence address: Over the Grass Farms,3370ltitewood Road, The Plains,Virginia 20198. , 1 t t Exhibit V.G. Page 1 of 27 F t g : OR: I'3950 PG: 2564 E . il= , 4 p., E IN WITNESS WHEREOF,Grantor has signed and sealed these presents the day and year first above written. f! a Signed.Sealed and Delivered as f ;F...„ to Each Grantor in the Presence of: 1 ateat. . 1456(tAXAY AWA, bz4 1 ' :- .. !.. .,.Nyitncso?lathe: .°,iit.-4 / .e. -5-. 424'/L-- .i 4. 1.2, ChareiFlebelutlitin ,:' V — 4 ! - — . ' ei „..-.4).1. -4-, - 10 tj 1:,1p-:: ! „ 47.:k ilk ,,.. v ifs. -41.i I, , 11 d.t. r,it k• w.. OF , „, ',-,1.01,R o c , i. ::': 4,0W - - -17 A-4 The foregoing 4 -4, 44^4, ' ” acknowledged before 4.k s day of December,2005,by . Charles Fleischmana HI, ' o is ,- — • i,.wrs to e, or • has roduced Id..ttr. .,. Lam ..: Public in the State of • ."9"..:,,a' ,and i , .4,- -..,:.. 4.4-44,04.A.,....:-‘,..-...4-d,-1 41 ---11! 'w Jtv2us ta , :,v.W.:74_,M.- e- 7 1 231-- rj2-°1:1-WC .1": ;'t .-E-d -i'. JUDITH -1; M. :::WCK ,-.7"' -Yr- =' BLIC.STATE OF OHIO -t't1 0.1 My Commission Expires 12/29/2009 fl, , -1/440 40:.07 •Or.tf•fl. NOTARY Pti a . s Expires: A\ .,..' 1 ; t i 1 1 ■ .. . f I t E t . , _.. 1 2 Exhibit V.G. I 1 Page 2 of 27 OR: 3950 PG: 2565 1 , Si. ; -4 344. 4-4 1.' .4.Delii'en:d US ,,,,.... if .A La.*,.kA. tAim Aiglibr,,,,4 . FA) 4 P:' tr.•ii;:e ".....1 6 i *t::6 8 V i iii Vii.7---14 .. . 1r4:77tr,:22"31157141 A I , ettels ' - . - a Viets - _ aikta.Dialleileisehmans Viet , - / / .1.. STATE OF _,, • COUNTY OF 944,3 "2„e.4.) The foregoing instrument was acknowledged before me this /4110 day of December,2005,by Dorette L.Fleischman:1 Viets,a/k/a Dielie - _Viets,who is personally known to me or who has pmduced . ......._ " ...• .. 'I. ...00,40101M187..o■fication_ I 'm a Notary Public m the ,State of , -.,_ - "ort4i4,1 , -...39 I f ,f ' .• .i 1116 f . , iltr'9,41. , AitAl. . _ • . -• . :, .., 1411111191 IlAill;P/A!!!FL . •,- , (...1 "Irigli.,,,,,";T:'CI • .. ,.,,, . _ I ,. .Ta„,,e„- J,,,2.4041. ,. 1„., F--/ ........, •-5% 4- ,•il -. ', ,-- N....p 117- ‘.3 i f_ :i •.-A ._ ...- - I . -771F C11.0-'. I i i g = 17 P.ItylthtatItittlebdramt.et oiran:101.Clarl.DeowtometWanudy.Osettrpg i 1 Exhibit V.G. Page 3 of 27 ;• OR: 3950 PG: 2566 Exhibit A PARCEL 16- SIGN ISLAND Island in 17th Ave. North,Block 38,Tier 10, Official Record Book 240,Page 93,TOWN OF NAPLES, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 1,page 8,in the Public Records of Collier County,Florida. PARCEL 18 A-3 All that part of Lot , of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION, lying South ofGoldeti Gate Parkway,recorded in Plat Book 2,Page 2,Public Records ofCollier County,Florida. PARCEL 18 C The East 564 feet of the West 1184 feet of Lot 8,of NAPLES IMPROVEMENT COMPANY'S LITFLE FARMS SUBDIVISION, less road right-of-way granted in Official Records Book 876, Page 1718, according to the map or plat thereof on file an= .= in the office of the Clerk of the Circuit Court, recorded in Plat Book 2,Page 2,in the a _. , •• •• �� i•'r County,Florida. PARCEL 18 D The East 470 feet of West 16 .- 8, _ • , It t•"0 to ,tea COMPANY'S LITTLE FARMS SUBDIVISION - are a oo - -6 _= ' r i s - _'"+ofCollier County,F da- PARCEL 18 E All of Lot 8, NAPLES IMPR o /a .12 COMPANY' ' E '. , except the West 1654 feet according to the plat thereof recr,' . in Plat Book 2,Pa:44, ' b i*' ords of Collier County,Florida; the East and West boundary 'a•`- "d Parcel being l,aa, , the West line of said Lot 8 (said West line of Lot S piing 25.00 feet, =f North.and = aa:` ection line of Section 27,Township 49 South,Range 25 East,Collier i+ (J ' PARCEL 18 F I The East 338.24 feet of the West 95834 feet of Lot 7, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, per Plat Book 2, Page 2, Public Records of Collier County, Florida, less and except that portion deeded La the Board of County Commissioners of Collier County,Florida described as: Commence at the N©rthwest corner of said Lot 7;thence N 89 degrees 17'39"East along the North line of said Lot 7 for a distance of 620.00 feet to the POINT OF BEGINNING; thence continue along the North line of said Lot 7 a distance of 41.60 feet to the point of intersection with the point of curve concave to the Northwest having a radius of 813.94 feet and a central angle of 26 degrees 13'03";thence continue Southwesterly along said curve an arc distance of 51.30 to a point thence N 00 degrees 39'49" West 30 feet to thePO1NT OF BEGINNING. is 1 Page 1 of 3 r Exhibit V.G. Page 4 of 27 OR: 3950 PG: 2567 PARCEL 18 G North 1/2 of Lot 7,1 less the West 128834 feet, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS,as per plat thereof recorded in Plat Book 2,Page 2,Public Records of Collier County,Florida. PARCEL 19-A thra E Lots 3, 4, and 5 of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, according to the plat thereof recorded in Plat Book 2 at Page 2, Public Records of Collier County, Florida; together with all buildings thereon; subject to the following easements of record to Florida Power & Light Company relating to adjacent Lot 6:(a)An easement dated June 10th, 1953,recorded in Deed Book 30 at Page 395 of said Public Records; and(b)An easement dated June 10th 1953, recorded in Deed Book 30 at Page 397 of said Public Records. LESS AND EXCEPT: Part of Lot 3, NAPLES IMPROVEMENT CO'S LITTLE FARMS, as per plat thereof recorded in Plat Book 2,Page 2,Public Records of Collier County,Florida,lying Easterly and Southerly of the following described line; Commencing at a concrete. s + " o th 1/4 comer of Section 27,Township 49 South, Range 25 East, Collier e i,,I a •. � ! South line of said Section North 89 degrees 26' 09" East 753.94 to a ,' +,'` 'South 0- '.55" East 334.85 feet to a concrete monument on the South line of .'= e, and the Point o of the described line;thence along .. said described line and the W � ,Trn E < y++ d-., parcel North 0 degrees 21' 55" West 211.15 feet to a concrete=1,, at +6 � ++ �• a :. described Parcel; thence along said described line and the_N} a A � .'9 t j North 89 degrees 38' 05" East 729.90 feet to a concrete moat T,�.•r ' + •F+ t e s 38'05"East 13 feet more or less 3i1 � e to the Easterly boundary of -•t(t �x�'.�• � ,�q� a.;.� , t� � ter, >FARMS and the Point of Ending of said described Line. Y" PARCEL 19 F ' -/ The Westerly '/:of Lot 39 and Lot a.:'me sg a:- SUBDIVISION, Lots 41,42 and 43 and the East 45 feetxof Lot 44,GO'_ e cording to the map or plat thereof on file and recorded in theloffice of the Clerk of the recorded in Plat Book 2, Page 84, in the Public Records of Collier County,Florida. `D: Lot 2,NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS,except area described in Deed Book 22,Page 393,Publid Records of Collier County,Florida and less West 25 feet and right-of-way located in Collier County, Florida and except parcel deeded to Collier County Conservancy, Inc. as Parcel 2 in Official Records Book 767, Page 249, according to the map or plat thereof on file and recorded in the Office of the Clerk of the Circuit Court,recorded in Plat Book 2,page 2,in the Public Records of Collier County,Florida. i PARCEL 19 G All of Lot 97 of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, lying South of Golden Gate Parkway,according to the plat thereof recorded in Plat Book 2,at Page 2,Public Records of Collier County,Florida. Page 2 of 3 Exhibit V.G. Page 5 of 27 4 OR: 3950 PG: 2568 PARCEL 19 H In North 'A of NorthlIA of Section 35,Township 49 South, Range 25 East,being at the Northwest corner of the section and run East 1398.25 feet;thence South 64 degrees West 1555.06 feet;thence North 664.01 feet to the place of bW.ginning,Collier County,Florida. PARCEL 19 I - i Lot 6,NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION,less additional road right-of-way for Godf lette-Frank Road, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court,recorded in Plat Book 2,Page 2,in the Public Records of Collier County,Florida. I PARCEL 19 J A lot or parcel of land lying in Lot 2 of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS,per plat in Plat Book 2,Page 2,Public Records of Collier County,Florida,which lot is described as follows: Begriming at a pointy on the South line • •g �p �: .:ant::is the Northwest comer of Lot 50 of GORDON RIVER.HOMES per Plat •' ,+k. lie Records of Collier County,Florida, run Northerly parallel to the West. ••- 'lI=� dllot 2 for thence run Easterly parallel to the South line of said at for 180 le,-, a •_ ' lint of said Lot for 217.5 feet to Sotlt ►•Farall. South line of said Lot,thence •• - R, ong '` o!• •. c ft ..80 .- to Point of Beginning. Being the same premises can ;f•••• a ,:Page 393, Public Records of Collier County,Flor`]da. LE >!le+ - �i • •� .,.• • '• �t-41-Ivay for Goodlette Frank Road. THE FOREGOING LANDS PA11TL a s • 4:4 :o'BY METES AND BOUNDS ON ATTACHED EXHIBIT"A I" ;P?.t. a ING PARCEL 16) F:l wpdocs1 RrTIcisclannn,stiN'arcd#19VCiosn�a o.. `3t„r a;i'�► IN FOR ALL FIF.LSCHMANNTOTYL DOCUMENTS.wpd t 4 Page 3 of 3 Exhibit V.G. Page 6 of 27 -. --... gaga A OR: 3950 PG: 2569 f A pardon d Suakin 33.tiros* 49 S..dhs Range 23 teal.Coax Carob.fluid.and• Patna d tat 97.tkl.■ impressment Cali tittle Farina as naordad n, flat Boat 2 of Polo 2 a tae Pubic II.e**1 of Calks Comb.Hatda. bang Mon partkatal7 dagib taig .d as as: M•gaa of V+,*atlas at images of S.oBut 35,T 4f$aut, Yampa 22 tart.Coe*C•wiI.Rorldo<Yuan 44171000"E.,Glens yin 1105* Ins .1"sail�a 01144411 d 1.31121 fait Piusca 3.64.34'43`114 a 4slw ..at •1,,385.79 teat to ya Noel***on*of Noise Puiflt•w foaatd.d Iii.P1st Ba*20.•a Pw a Irk*0 Pubic _ Retard•of Calder fwasll.Facia*011•00 2.20 3S21`L dofg th•vat.ink et bid leotard Point. 1 d 882.11. lust, I.Via.Suolh.aat ta*d tot 117'of tnttenie..i.id Ca'.181 Fsena e..rseoid.d m,feet Meuis 2.i Pope. 2 tit use Psg6*it ass.al;agar Caafdar ;.Piat+ee s.JA!`7�PSI'M dpnp Die teidlt In. of sad Lac 9/.o gktance of 1.13039 toot to`P•iat A =Id tel.* .,YYetpf but*mean td94 onto bar et 1_Se.nwto*Hansa cf AR 6gfal+ tops; tawtca not iestp atuag;tla moan Won later d the aastelf ailue ii Iki Cation lri�eii:. of p.***Ito: ; tT IOW tuaoeirp!4•a.ts•*Wilt 1111111 k g11+±d•!-et'the oho:•Iofutud'Psint.IC'.'Y.aie!11,0 •t y St 71.85 Wale Moo*tr.278#B(E.. •.lots**•.1 71.fia fait talitop tzecrAtt2't.a diomee.•of 14N.74 10.4 V4nie 11.28'47 arw. it tlf.Maea.4 E0.SY folds Mans/N.#?i141,114• if 117410 IctIt M.nca 660,2113'114 a. : aat.ruct d 42546 bat§tsn.0.N.CTtr4B'C..•tstlmcq of 4147 tolls Biome N41r4t'Olt,*.OttetO•t - z meet**lee H0r52 42'L.W Otto*el 010 1 lust tomes 1122'13'57"£.a.1611 at.of 40520 tat:4.0*** i N,23i9"SCf,s dlaiis...ar_44.31 Pt*10 It• iii. .n pitq 9pt Seal:sfpM•d-ov•l••••of.rdda.t Bit:Itomyt. mane t teen*,.via as..na.r,8...041,40111"‘sMa #•td uwda+tog►-t-...r fa.:of 4ak.a sate ,mar a l 60.006 of 374.1.1 f..t to i1•a ieiwa en*ibis C•I.4 an*"tf 8w Sou** 114•44 kc8wu:7:7.'T 49 Swltr. Owes 22 FAO ttyoas SaftvITZ.dvg oaf lust Ins. a"4so.iea of&192.32 hat I.add Pasif Qi totoa' 1 Toro*out: 1 A patina at Lets 2. Uua.gs?. at Naples In.pre.wnwn Cies t0Ba Fore*as nerdad M Plot Book 2 at 2 al On Pubis meads al C.tds CassIt7. Asada,as.4 as a Fenton of Lau 39 and 44 and .4 .f tots 40 tyruu ii 42 of Carden low mama., as noon*if Pat Book 2 al Pole 64 of the P..h1a B.00rds at Cater Coo*.Fiends.bald/ more parecutany desail.d as laa.am B07ti at Mn Ma}h..st mat of S4aa 'a Pte*•is 9 and 26 a th.Pas*. N•e•roa"at Cates cm**,**We add.peat Y.tn}.rte - ["' Cate Pwtmay.abe tNinQ-a void at arts at•ir,<.-ianpw.t eons t 6� a'a11. a77r ! . wit..•ndni daffica d 8144.last.Pti l.nteet•.*Or C'4- > Cr.. "5136 teat „ "t,-.,z,! else, the ors era said sa*ilt .i44-of-Aro.114-.De g9q"• , '� 74.0.337'Sf:•+ rpc:af s Ha point of Wawa'ale,.roe an9.an ewe!to Ni.Tuft,d ,olOt 401t$7032.1.... ! • •..' • al 613,93 fiat•Mal NO*••Aral iootliq•at iLIP3}} _. .lug w !ttf• taAi.Y•• - ' South sVplt^oF-.A4 Tan.-Ynaagr a'csnint sat i at - ti3tr4 said Say►t9Itt-.arlas7 fns,4*aft*at 4 • _ e. .• t foK,a iar•cat 4sgl•d 3 pad a IMO 11,70 i0$C'E, ... mad • iota. light-+t-.alt 6... • �tsaef al: ['l' „- r. . +. .c•r ^t+F • aitiROW a1 7I7;45 test M'Not ft Oed a '�o ! -- - 'MIA I gays 1n. of tht.inalrl/VW*et O8�Xtdh.w OM* "i =j . aba.e of -044.41,0414 11 4 `°44 -tat m •� *1a. se- "Sou8i w d 9n sfrCs:slier of L.1 3'.t" ° ',. Co-: ..'. - - .. 44 rot "I. of tit.Pubic man*d C.af.County, • 8w445.dit:.a+..rder Ins. • S.eta 1y. as Bar firm tat al sad Cat 7.• -' 72 tad;a tel ittssactla. *j•:. 11.11 128634 lent d add tat 7; urn*.•sera tag 'o d the Moat 1206.24 Mat :.f '• a direst. d 16474 swt so Ha imar•a•tl.a ern is of said tot 7 ..;j ��tjT•M Oa gamin iris of said tat Y,•elsine!ei 329.22 hat, --- alb the out ire d s7'• d pal•tat 7; tors S.Ot71ti'5V•L bast/ate 1..t in of Vie • of self tot 7.•• Orton*. •• •TT- to Re intraaethn vita u.agie,Ikia of add to 7: • - i, gran 9a sew* 7. • Adam. . 663.75 teat,to'Peen C ani 1441•0tl.9 amts*to a'!' d 6t...plry, :bare or the Organ Irma;lliiaaa aouthary alma Big 1-a...0.„ 1st ;Atka' ,. el Die Bata 10.es the Magna saran tram ttii sea•ref rsnsed'Petit..C. s ,j s_r d 424.66 HW twat s.lrtosi^et..• dalwns of 701.3• loan hinges 8Btsr'2rit.•"1P"- -•-••. fat;Manna 1.13'26"I0'lt.,• d.ta.ea of 3•3.03 hen te Iii tevea.eitaa eon yr.north is of tear loads innedt.a la OM aw 0.aerd.,Oak 707 of Pays.244 d.Me Pole Massa .t Co1u Goollpt: ages*f.dr107a'hs:alga tai.ii.ryr.f in.if.44 • dieedle i rid;a•111.100e If T4f1.e0 Wet.5u.,..ir5Q t,.Ito**to*tit I....•oId++.slued 1wMo.a :die**.et 25 t..28 hot to lee tkea, t*vi.yes :tie.*oMr i.s oaf 1st 3 of MfIltw- tali 111..-1,1011 a. laowdat b P1st toot 2 M 51!1•a of Ow P80c fads at grills igrddet�ianUaps 5.00I$10.'C. *ow se. **it Into of the*:WOO t•BNtebl.1.0 rwids .l P,.35 et fir.P4is 11•••014,,*. .•Cot*.120404,Firtid..•gi.Bite•,.f taut tee W Yin esie d Sat. of Orous lost s1..•..•.w roawdt*in Pitt*AA 2.1 size 84:Q•ma P'usda 40.0ta•I,000*. 7' .ksido3 11ia.W 1t.04.33'•'1f.i -ts••a.t•4n•at lie wit OT.et Odd tat at;•*101.0,sl 13SAg Oat,it As I ettee ats.ii.4**4111 1..d 1461 u..,•**WO ih•.i4I l: a0�'trIt, Plo IMtlfa � ...tar Ins 4 Set 1b.. . Kse1h4 if 315�0::A*.to Its fahe••gwi!Mt Os'opt .al life n t`4 dta..t 1•d 44•f*Od Oar.. • i.Oi t•Olt i m11l it073 1(.. aloft salt 801 in..o-0•T1na•of u6.do lust;b P.1N +aa+4a*of itos,ru t• tee:it aldd'.t t•'44e t1.A.a 3br.40.1V'tf, rco no.bl•6 ..t pats:0.4...ats.o Nan....•41.1.-e of s34••teak; 1a 5 tat n.a6*n 034 We tidi4 rips+,-11-wa7.11n*of.000***Fn•s pall e. not 0004 39'2, eking paid an • ray Bea.a**let ai 4714% tool:yogis.tt erAp1FW..•tom sofa oust rasa .?fOOO 0 '. To*.•i• u TI71_'30"W wing a.Yt ant. hp00-s1-on Rn.:!TO.***et 710..14.11i aiwiwu.4 stot s! wee- r•t•a.g4 Malmo+. '2rr..*pop tat III*in 0.**tda•7•P1a04,•0•11[I00 of 3110.14 M:0i1rant.Mini II,. wan Its•Ti sa&d 'Mesa, 4&daaee of,kill lust to Bs*PP011!Cr SO=fir Sl " i this is MO'f • A PORTION OF SIClION 27, 34 MD 35, TORNSWGP 49 S., RANGE 25 E.. rain.[ tail• i+..._ Psi.. .fir_. t.tl;lt7,_. .,.. s LE$IBIT std-L" • i 1 Exhibit V.G. Page 7 of 27 1 OR: 3950 PG: 2570 EXHIBIT B PERMITTED EXCEPTIONS 3 I. Rights ofparties in possession of that leased portion of the insured property commonly known as "Jungle Larry's" under unrecorded Lease Agreements and all sublessees thereof, including without limitation rights under Memorandum of Lease recorded in O.R. Book 2893, Page 916, Public Records of Collier County,Florida. 2. Riparian and littoral rights are not insured(Parcels 19A-E, 19-I, 18 G, 18 E, 18 A-3, 19 G, and 19H). i 3. The inalienable right of the public to use the navigable waters covering or adjacent to the lands (Parcels i9A E, 19-I, 18 G, 18 E, 18 A-3,19 G,and 19H). 4. This policy does not insure anya f 46" 's •- d parcel lying waterward of the mean-high water line of the Gordon Ri 'r . e.,,. , _•- i a'• es 19A-E, 19-1, 18 G, 18 E, 18 A-3, 19 G,and 19H). 5. Restrictions, coredjti:•, , L -_.1 and o e er •,tiers contained on the Plat of Naples I#nprovrea + ,. .- , a5 record in ':lat Book 2, Page(s) 2, Public Records of Collier a ` 6. Easement in 'few . t. .: i•• . C. .V, •,,rined in instrument recorded November 14,1953 P -�-- ,- . -_r ,. u: e: r r R Book 246,Page 59,Public Records of Collier • .' Florida(Parcel 19 A , 7. Easement in favor o . ..,. Power & Light f :, ar, ;1 '.) .fined in instrument recorded November 14,1953 s 0 Page.395 Pubs• `. • .. of Collier County,Florida(Parcel. 191). x 1'ij C 8.: Easement in favor of Florida Power u a t Company, contained in instrument recorded November 14,1953,Deed Book 30,Page 397,Public Records of Collier County,Florida(Parcel 191). 9_ Easement in favor of Florida Power&Light Company,contained in instrument recorded June 21, 1960, O R. Book 66,Page 301,Public Records of Collier County,Florida(Parcel 19 I&Parcel 19 AE) 10. Easement in favor of Florida Power&Light Company,contained in instrument recorded August 22, 1967"O.R.Book 244,Page 631,Public Records of Collier County,Florida(Parcel 19 A-E). c 11. Easement in favor of Collier County,contained in instrument recorded September 12,1985,O.R. Book 1$5,Page 233,Public Records of Collier County,Florida(Parcel 19 A-E). 12. Easement in favor of Collier County,contained in instrument recorded April 28, 1995,O.R.Book 2053,Paige 1696 as corrected &re-recorded at O.R.Book 2098,Page 1826,Public Records of Collier Bounty,Florida(Parcel 191). 7 j { I i Y j a 3 Exhibit V.G. Page 8 of 27 .... :;A:y. a lrlrx . 3950 PG; -2571 *fit ,, �. 13. Right of. ntry recorded in O.R. Book 2999, Page 3091, Public Records of Collier County, 4. Florida(11,9 A-E, 18G,18 E, 191, 18 A-3&19 G) 3 14. Resolution No. 89-5753 recorded in O.R. Book 1603, Page 1508, Public Records of Collier County,Florida. } yVti 15. Right-of; Jay Deed recorded in O.R Book 66, Page 432, Public Records of Collier County, Florida. - 16. Order of:Taking recorded in O.R. Book 2735, Page 1135, Public Records of Collier County, Florida(Parcel 19 A-E) 17. Easement'in favor of City of Naples,contained in instrument recorded April 1, 1975,O.R.Book 615, Page 1572 as modified at O.R. Book 785, Page 351 & O.R. Book 785, Page 361, Public ta Records of Collier County,Florida(Parcel 18 E). _- 18. Easement in favor of Donald Stonebumer, et al, contained in instrument recorded January 16, :4 1973,0.1k.Book 499,Page 56,Pu• '' . •`R Collier County,Florida(Parcel 18 C, 18 D,& 18E) = 0 19. Easement in favor of : iv..., c,;contnns d hi ins.4., - t`ec�erdedNovember 20, 1978,011 Book 783,Page 436, ' lie .,t.. , Collier County,:'_. r` (Parcel 18 F)_ j� k 20. Easement. contained :„t, fER .ram .r�'!9: 5,j t .R.Book 227, Page 40, Public Records of Collier 6 .•«19r��' ._ �a ll . � 21. Easemen4 in favor z: , ,. .-M :„ t'4 �, r .: ttt R , instrument recorded May 26, 1 1978,OIL.Book?` '''7,Public Aeco `T Cnllli - . Florida_ (Parcel 18 F). 22. Easement contained ,4.2 .-,,, ..t r td 7 i, �, ,+:R.Book 182,Page 881,Public Records bf Collier ,,.. , (Parcel 18 F). - 23. Easement in favor of , . _y, contained in instrument recorded tot September 9, 1980, O.R Book _ 'bIte Records of Collier County, Florida. (Parcel 10 A-E). 4' 24. Any lien by County Ordinance or by Ch. 159,F.S.,in favor of any city,town,village or port auttkority,for unpaid service charges for services by any water systems,sewer systems or gas - systems:erving the land described herein; and any lien for waste fees in favor of any county or municiplity. 4 25. Any rights in favor of third parties arising from the following matters of survey as depicted on -_= WilsonMiller survey dated July 6,2004,revised August 15,2005,and bearing File No.4G-125A: 1. Drairtage ditch running East and West across Parcel 19F; 2.Guy wire anchors,traffic signal poles,and utility poles located along the Western boundary of the insured property outside of any easement area;and 3.Lift station and related utility equipment located in the Northwestern corner of Parcel 18F outside of any easement area. a F,.pd ictUtI FkNchwea Orm 111s natrmeanwan.a turd 1. it t 4 Exhibit V.G. Page 9 of 27 .1 1 2g M 3753299 OR: 3950 PG: 2584 UcOLOHU in OFFICIAL RUCORDS of COLLIER COUTI, 12/19/2005 at 04:40PX DWIGHT H. BROCI, CLERI REC LEE 350 This Instrument Prepared By: DOC-.10 l! J< Donna H. Smith ' _ The Trust for Public Land CH Pt1 PABSIDOMO B? AL X 4267 NW Federal Highway 821 5TH AYl S 1201 /19 Box 120 ROLES PL 34102 1 Jensen Beach, FL=34957 \-// f WARRANTY DEED { (STATUTORY FORM-SECTION 689.02, F.S.) THIS INDENTURE, made this 19th day of December A.D. 2005, between THE TRUST - FOR PUBLIC LAND,a non-profit California corporation,whose address is 306 N_Monroe St., Tallahassee, FL 32301, Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida,whose address is 3301 Tami. s -'�1 - -i Naples, Florida 34112,Grantee. 0 . (Whereveri used herein r-a 1 C C» rantee" Include all the parties to this : , heirs, " 9. , era, successors and assigns."G ( "`are used . Mt and'plural,as the context requires art' . :.'T : '. - 'kr lb.e all genders.) WITNESSETH: ,.r- B�� - .• • =ration of the sum of Ten „1:1 Dollars and other good and = : sti `,= Y ∎• • 7 , It.: _ r r hand paid by said Grantee, 1.the receipt wher of is =• , _, - • - p = � _ #f Y~- Li-,fed and sold to the said Grantee, and Grantee s -� _ :p` MI.=situate, lying and being in al Collier County,Florida,as '. • ; icuIarty =.a a • 111,1111 '"attached hereto and by this reference made a part her • , 1 This conveyance is su' `4, r• a) easements, , •', -', limitations and conditions of record if any now dxist, but any$ b3 ., a tha` • terminated are not hereby re- imposed, (b) to takes for the mitre �' 041,=_ ,:unless said Grantee is exempt therefrom,(c)to the access easement -� ' _� - - - described on Exhibit"A",(d)the lease by and between Naples Zoo,Inc and Grantor,as such Lease has or wil bened to Grantee, and (e) all subleases of the Naples Zoo, Inc. parcel ,including,without limitation rights under a Memorandum of Lease recorded in O.OR. Book 2893, Page 916, Public Records of Collier County, Florida. 1 AND the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. i IN WITNESS WHEREOF Grantor has hereunto set Grantor's hand and seal,the day and 1 year first above written. • THIS INSTRUMENT IS EXEMPT FROM DOCUMENTARY STAMP TAXES PURSUANT TO I CHAPTER 201.02(6), FLORIDA STATUTES. i 1 f *MiS.g04fvEYANCs :'ay.Tim. SOMDIVF-,C00#t lISSIONERS, OOIE1 C FLflffi , lO 5 i Exhibit.V.G. Page 10 of 27 1 I!1 I 1 -:4 OR: 3950 PG: 2585 1 '4 Fa- ,... 4 „41 Signed, sealed and delivered in THE TRUST FOR PUBLIC LAND,a 1 ' the presence of: non-profit California corporation ---:,! Ely:• (Signature of firtt iiitneSt) i ..... „lee. : . i . e_..C.._ i P -t 4111111111r ' . f efi :'-' --) 1.4 s a Tit i eyll, _=.-- _ s . 1 (Printed name of first witness) (CORPORATE SEAL) ./ . .....; Ai/ (Signatu - • seippd ;:it :--,-. ) ---- ■ V\-- C°t1-4 Z4. Li AA A 1 . '‘, Ti, • . .4. -- .. k %ImmotO, /.i ' j*Alli- -1--• 1- ..-t Pri est : ,, -of sircond . ti: STATE OF FLORIDA COUNTY OF C. •',.'N,c(-- The foregoing instru -i . was !. •,,i .v .og.z.:,j.„.4;lis -:. - :- this 19th day of December, :.1 2005, by GV0). 1--:k;;;;:s' : ,..:-- 7'.,;.:: ' -11 4.1. Public Land, a non-profit California cor ri n on';', `1,!:l :-.-. '';-— ,..-- i-n. ,•r7t is•-rSon is personally known to me ; -' - kror or has produced 1,__--, . Iii- -,‘ ;au-Pil.itt'"a - ,-- ,•.-- .1, --.---,,,n 1, -i NOTARY PUBLIC - 1 :, __ _ ; :',...1 wtajoisoartoto$82i (NOTARY PUBLIC SEAL) L I .,-_,. VORE2.010-244.1.0.1000-. I -,,-4.,i,,,,._: S r: F:4 I N. i A-. .'ell as - f.,,, legal sufficiency k —91 AnistantiCiAinti AttOrito' EllentT. Chitioell ..-. i 1 1 I r , i 1 t 2 1 - i i I Exhibit.V.G. Page 11 of 27 : I 1 git OR: 3950 PG: 2586 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY n SIGN ISLAND(Parcel I.D.#17830000027) 4 Island in 17th Ave. North, Block 38, Tier 10, Official Record Book 240, Page 93, Town of Naples, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 8, in the Public Records of Collier County, Florida. 1 (Parcel I.D.#61940200006 and 6194032009) 1. Lots 3, 4 and 5 of Naples I •5• =.. Company's Little Farms Subdivision, according to the plat; - - .2 ;p.,t - ,-i - r ':pok 2 at Page 2, Public Records of Collier;County, Fl• . a . -}E viii ' _ i .dings thereon; subject to the following easements h 9 rd to Florida P . r • Light Company relating to adjacent Lot 6: (a) = = r ,: J e .le` , 1 '53, recorded in Deed Book 30 at Page 395 of - - ti P a ' • = ,. (b) . - -nt dated June 10t, 1953, recorded in 9 =,=,e !t ii r, i• i . =i. Public Records; less and 1 except the followi" . . ♦ {s -0 + « E .1 I'EXCEP"T: - Part of , •: Naples Impro�= $ E ®ally's Little Farms 1 Subdivis ._ +It- .r: Pia ..: , �__"ed in Plat Book 2, - I Page 2, P _. r� 1� s. ier County, Florida, lying Easterly and = 6 - , e, e,lowing described line: 3 Commencing at a concrete monument at the South % corner of Section 27, Township 49 South, Range 25 East, Collier County, Florida; thence along the South Line of said E I Section North 89 degrees 26' 09' East 753.94 to a point; I thence South 0 degrees 21' 55" East 334.85 feet to a 1 concrete monument on the South line of said Lot#3 and the Point of Beginning of the described line; thence along said described line and the Westerly boundary of the herein described parcel North 0 degrees 21' 55' West 211.15 feet to a concrete monument at the Northwest corner of said described Parcel; thence along said described line and the x . Northerly boundary of said described parcel North 89 degrees 38' 05" East 729.90 feet to a concrete monument; K 1 z i , A 3 z. . Exhibit..V.G. Page 12 of 27 i I li., I 4 *** OR: 3950 PG: 2587 *t* : . thence continue North 89 degrees 38'05° East 13 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Farms Subdivision and the f'=-• Point of Ending of said described Line. (Parcel Id.#61947800001) .4. 1.--2 j 1 All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plat 1-t-4 Book 2, at Page 2, Public Records of Collier County, Florida. b.: : - i -4 (Parcel I.D.#61940280000) I -13 Lot 6 of Naples Improvement c,. .. . - - - 16 Farms Subdivision, less additional 1 road right40-way for ••• ; 'll 0-.1'. .,N;f.g . ..•rding to the map or plat thereof 914 on file and recorded in .- -'11`.7,;--., • the :- .1,4 -, Circuit Court, recorded in Plat 4 ...:, Book 2, Feage 2, in i; - 11'.• ,0' id Records of p i , otinty, Florida, subject to a f reservation by G -.'' • - ,. , ••-,.;:., ..,• , - • =. . • i .,, for a permanent, non- ,.., $ exclusive 80-foot -• - "■i."7 - '1 a ' •:' :r::•::- : a '7,- the North 60 feet of the .., 44 West 9501 feet of - = - .cl• subdivisidp. -r v = Company's Little Farms Containing' 129.98 ‘01-.- -, More or less • --- ....) „; .., , 1 -77FIE IC-.' ) C , -i k-- 1 , 1 0 , =I I 1-N e-- ,., 1 a i ) r 1 1 1 '4 i I , i s S i 4 - I i I Exhibity.G. Page 13 of 27 t- I 1 . 3 753296 OR: 3950 PG: 2572 - 11CO1DID In 01/1C111, 11COADS of COLLI11 CO11117, . 12/11/2005 at 04:31P1 HIM 1. HROCI, CLIII COSS 170066240 `- iSC HI 868 tZ)Oms, _ Ts wasp pared' SOC-.70 11904050 without opinion of title by Abte: Jobs X PasBitiao I clieffyp id9 C11117 PASSIDOkO ST AL Wilson&Yohasoa,l€.LP 521 511 AVI 5 1201 1121 Fifih:Ave €So* WLfs fL 34102 I<i pies,Flcit#da 3'410Z i (239)261-9300 ,! :-.-' 1 TRUSTEES'DEED s � q THIS TRU$'1'Eli'S DEED made the Li day of December, 2005, by Dorette L. Fleischmann t Viets,Melanie Fleschmann Garnett and Charles Fleischman V, as Co-Trustees under the Trust established for they benefit of Dorette L. Fleischmann Viets under Article Seventh B. of the Last Will and Testament of Dorette K. Fleischman, Deceased, dated September 10, 1992, as to an undivided 25.1954 interest in the herein-described property,whose post office address is c/o Mr. - Philip Lawrence, fnvcmess Counsel, Inc., 545 Madison Avenue, New York, New York 10022, (hereinafter called Ithe "Grantor"), to The Trust for Public Land, a California not for profit i corporation, whose post office address is tract SE., Suite 3, St. Petersburg, FL 33701 (hereinafter called the"Grantee"): R Cp ; } `j �} '.1s (Wherever used herein the terms" cor , and"Grantee"in • •9' , parties to this instrument and the ... heirs,legal representatives and . •. -1.::6 ..:_'.j : s,and the vs...,-. and assigns of corporations) WITNESSETH: • si•• fb- - of •• *u ;,;a• 66.-of , sum of Ten Dollars and other ' valuable consid ns, ..,:.1,- r e a 1. a.! , $ grants, bargains, sells, aliens, remises, releases�,ac nveys ..d ,:. ,�.. . . .. i .. _. ;. , i' 25.195% interest in all that certain land situate in Collier s if'.'1+' Zs."' See Composite Exhibits A and .ttached:hereto and i .I.- . .• , m by reference(the"Property") GRANTORS hereby co''- . , .,'Grantee that the ;.. ••as good right and lawful authority to sell and convey said land,and * . . . .,;d for any acts of Grantor and will ._. defend the same against the lawful cl ..4� ....+ I by,through or under the said Grantor, except taxes for the currentyear for that porn • i ir aperty identified by Parcel Identification No. 61940200006 and taxes for subsequent years for that parcel and the balance of the Property,zoning and use restrictions iit>psed by governmental authority; restrictions and easements common to the subdivision; outstattiing oil,gas and mineral interests of record, if any;undated lease agreement between Naples Zoi, Inc. and The Trust for Public Land, and any right, title or interest arising thereunder;and thelPermitted Exceptions described on Exhibit B attached and incorporated herein by reference. j GRANTOI4S HEREBY represent and warrant that the Property is vacant land and not Grantors' Florida homestead;,hat neither Grantor nor Grantors'family reside at the Property or on adjacent property;and that 0Ikrantors,in fact,reside at Dorette L.Fleischntinn Viets residence address: Over the Grass Farms,3370 Whitewood Road, ¢ The Plains,Virginia 20198; Melanie Fleischnuaiti Garnett residence address: 698 Titicus Road,North Salem,New York l 10560; Charles Fleisclunarm V residence address: 5330 Homeville Road,Oxford,Pennsylvania 19363-1033. I i 1 3 1 Exhibit V.G. Page 14 of 27 1 OR: 3950 PG: 2573 IN WITNESS WHEREOF,the said Grantor has executed these presents on the day and year first - above written. Signed,sealed: delivered `Y ' f v 1 r, -,16iLiritpalf) A Printed N N . ' r J11i1T' r ► treks L CayTc under the Trust for the benefit of Dorette L.Flelschmaun Viets a under Article Seventh S. of the Last Will and o Ci' J Testament of Dorette K. Fleischman*, Deceased, F dated September 10,1992, ` ted� Lt:5�9 6 .eer- F 1 RCOQ • STATE OF ' _._. " ,0� ?' COUNTY OF � sAs,�` - The foregoing ®*'!S' .me = Al; day of December,2005,by Dorette L Fl .chmann !.. . .. _ . • , to me or who has produced a. � ,� ; h+ `' j otazy Public in the State of s ws' '4,Y ) 4 e; f • +t; _♦ (Type or a'_.3' : .T. .f �^ r . .f c' R; y: G My Co� r; . '. LI CJ ,g72 it'''.4'... !I,...-111.-j,ije I A •••• ;:y. ' r 's i s3 4 r. F k. :1 ' . - = 11; 4 a Li i ii i I IS t Exhibit V.G. Page 15 of 27 . i i OR: 3950 PG: 2574 1 „... '.-..., i .. ,.. , 4 Signed,sealed and delivered in our presence ! 1 cY t C. P 17,,evelf ,r1 4 -- werfiLailinsviwwnteAknouing,---7-4 . _ _ . A4k2.--, ..: .1) : re' Priittedliiitine: :-flar-_ -.. ... ' - Mehl 1 Olintatti ' itiderthe f./- .,,, f a ke-41,, - Trust for the benefit of Dorette L.Flelschrnann'Viet: under Article Seventh B. of the Last Will and Testament of Dorette K. Fleischman'', Deceased, dated September 10,1992, 1. .•enrii Pc t-ktie/ . --g Printed Name: -Vic vitu_Atte-----.7- I STATE OF !„.1, - Ii „R COUNTY OF 17111ZIThISMTNIr A.A3--.' e ill- -11-_, r,„ li The foregoing;;,,, -.;. — ' ..-- acknowledged before ..tilts ../ day of December,2005,by 1? Atki.nle Flelsch:Plann G ' '--. '14141-.7 who is •- . . to me or who has produced Y1-■ . • •- .__ - .1`5,' t- Miry Public in the State of 1 .p, i4Priinilra,, -..,'-t,' *' -`;7**- • *441,iit''';-'16117,01.....'' -'_ . C O1 !1! 4111g1111 I. '...-..--= 0 lith ri 7.14F-T,:r90 Nanie,nik, e e. . .4,4.: A., My ypo :A., •-• , -11-5\04' -;5- 14 1 `4 .. ,• UDYBIZIER k, ■!' . ..* State of New York 1 A fir -t. ' •'' ' -, ----6&. - cl . Tiffluw—T, ,,,, i P , ,•,,. in - ' ' t!‘ e --saunty , - ctimmistiod,00resigiow er-,i- 1 I. i I .7: ,.- 1 i i - -,1 1 3 F i 1 ? i :, 4 4 1 Exhibit V.G. Page 16 of 27± 3 i i ,. ; 1 la i OR: 3950 PG: 2575 1- .,„ ..,.. --. 1 4 -.1 Signed,sealed and delivered .,- ,.: in our presence: ,•.'I -...) • .-- .g." "iireM1".01M01,47,0024.7-0,2rz,it-2,--, • - ..0 /.... ?flitted Nam= ce,rigillirAt....---ieekta.,. al. lea Fleisehmatm V.Co-Trustee under the Trust .., .47Z.614- _ .. ( for the benefit of Dorette L.Fleischmann Viets under / , Article Seventh B.of the Last Will and Testament of Dorette K.Fleischmann, Deceased,dated September .ii. --1 ---- 10,1992. „ *z _...........m........-.... ...*--.. ...s ?tinted .. i - • =7.i 1 54 ,- STATE OF ki IQ 01-\‘- :4 COUNTY OF , ..... The foregoing-Mg "...., -, .'.,...ir,241before me this 13 day of -!...,.. ?Co;.,)2?...,- : , 200 5- by .w., .ilgt. r:,rrrirrr:-.' 7 VIP% Trustee,who is personally known to me or who has ploduced 'r`..41VPA, ,,, .. identification. .-/ f 1 / . l'.. —a. .... , • --" ` --11.1Pfili(415."--.0.111.1. 11111 ,, qv.:f,e4. . A Fk- tOcr,m41/ .4. 4 1 - -*Pa 0 .isillili. Irrarm• :. -- . , - rie k/ ;7".. g' ' ... t... .lit . (...., , 4 ...: te"■ _Ai:A IP._,‘...-■ ./ :-••:" , ' 1, • '. P• ,,,,v T -i,,,..-",. - '-.."..*: • ,, .....7.--, I , :,,.....,•.. ,..il '•1'', 4- .....) lina M. ,"*.:_. - '''.. -4 /C No.. irttgelor- . .:- . tip -k p, Qualified in Queens Commit N—C\ Commiedon Expilme December--- *ilvi* '' - 41 , 2 1111E CII .C / -r 4 ! , , 4 44 4 i ,...474 1 t i II At . 44 rAwpdocARE1FIcistiviarm.et:Mattel in SOCIaskts DocumagOrruilec's Deedmrpd } t t i I . ti i I i 4 t i i Exhibit V.G. Page 17 of 27 1 k 3 I { OR: 3950 PG: 2576 ift , Exhibit A PARCEL 16- SIGN ISLAND Island in 17th Ave.North,Block 38,Tier I0,Official Record Book 240,Page 93,TOWN OF NAPLES, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, k recorded in Plat Book 1 page 8,in the Public Records of Collier County,Florida. PARCEL 18 A-3 All that part of Lot:9, of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION, 4. lying South of Golden Gate Parkway,recorded in Plat Book 2,Page 2,Public Records of Collier County,Florida. ii E PARCEL 18 C 1 The East 564 feet�the West 1184 feet of Lot 8,of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS SUBD ON, less road right-of-way granted in Official Records Book 876, Page 1718, 1 according to the mati,.or plat thereof on file an' . ,.in the office of the Clerk of the Circuit Court, recorded in Plat Book 2,Page 2,in the .,,,',00....$, t.i&� ' . County,Florida. il PARCEL 18 D <2 . d The East 470 feet of West 16 f- - •t, :,, 8, o 'B-®"St,". P F'-'O ad`Iv COMPANY'S LITTLE F Ti ARMS SUBDIVISION - -. '• ,, -I,. o. ,,In., ", ' ' p,:, of Collier County,Florida. 4. PARCEL 18 E a s All of Lot 8, NAPLES IMPR cl ` P COMP• ' - ' a except the West 1654 feet elli according to the plat thereof rec • Plat Book 2,,P f- ords of Collier County, Florida; the East and West boundary 1 d Parcel being .'. 4 the West line of said Lot 8 (said West line of Lot 8 lying 25.00 feet : "+. North and �.. ` •on line of Section 27,Township 49 South,Range 25 East,Collier `' - PARCEL 18F i The East 338.24 f et of the West 958.34 feet of Lot 7, NAPLES IMPROVEMENT COMPANY'S UTILE FARMS, per Plat Book 2, Page 2, Public Records of Collier County, Florida, less and except that portion deeded to the Board of County Commissioners of Collier County,Florida described as: I Commence at the Nwest corner of said Lot 7; thence N 89 degrees 17'39" East along the North line of said Lot 7 for aace of 620.00 feet to the POINT OF BEGINNING; thence continue along the North line of said Lot 7 a distance of 41.60 feet to the point of intersection with the point of curve concave to the Northwest having a radius of 813.94 feet and a central angle of 26 degrees 13'03";thence continue Southwesterly along said curve an arc distance of 5130 to a point;thence N 00 degrees 39'49" West 30 feet to the POINT OF BEGINNING. i i fi I 1 Page 1 of 3 I i Exhibit V.G. Page 18 of 27 r . i OR: 3950 PG: 2577 3 1 4 4. PARCEL 18 G North 1/2 of Lot 7 Iess the West I288.34 feet, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS,as per plat thereof recorded in Plat Book 2,Page 2,Public Records of Collier County,Florida. g_ , PARCEL 19-A thru E ra Lots 3, 4, and 5 of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, according to the plat z thereof recorded in Plat Book 2 at Page 2, Public Records of Collier County, Florida; together with all buildings thereon; subject to the following easements of record to Florida Power & Light Company relating to adjacent Tot 6:(a)An easement dated June 10th, 1953,recorded in Deed Book 30 at Page 395 of said Public Records; and (b)An easement dated June 10th 1953,recorded in Deed Book 30 at Page 397 of said Public Records. LESS AND EXCEPT: ' Part of Lot 3, NAPLES IMPROVEMENT CO'S LITTLE FARMS, as per plat thereof recorded in Plat Book 2,Page 2, Public Records of Collier .. .I Florida,lying Easterly and Southerly of the following described line; Commencing at a concrete . ., _, ,,, 1/4 comer of Section 27,Township 49 South, Range 25 East, Collier a . - .. ,: >> South line of said Section North 89 d 26' 09" East 753.94 to a ., , .�... ' " degrees �:Q r 1 t 55 East 334.85 feet to a concrete monument on the So th line of . � 3 and the Point of of the described line;thence along said described line and t h e W..:-j- `.;f. ,..... -= ,., .•••■• 'o:`:.:.parcel North 0 degrees 21' 55" ; West 211.15 feet to a concrete ,.,«„,...,t itt t.- . west .,1? • described Parcel; thence along said described line and the N`�ga�; - ,' °T'r, _ -�,'y� „_ • ,9 v- North 89 degrees 38' 05" East 729.90 feet to a concrete ., t . . 38'05"East 13 feet more or less ., ,•, E : f to the Easterly boiur= of .‘ .�,: 14:470. , o` •• -_ E.• =- FARMS and the Point of Ending of said described Line '` PARCEL 19 F i The Westerly /2 of lot 39 and Lot ', g e /e • : a=4 .e r. SUBDIVISION, Lots 41, 42 and 43 and the East 45 fectof Lot 44, GO' Cr e ` °4 t• °C0 19.E �..e,ding to the map or plat thereof on file and recorded in the ioffice of the Clerk of the s '_ recorded in Plat Book 2, Page 84, in the Public Records of Collier County,Florida. AND: 4 Lot 2,NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS,except area described in Deed Book 22,Page 393,Public;Records of Collier County,Florida and less West 25 feet and right-of-way located in . Collier County, Florida and except parcel deeded to Collier County Conservancy, Inc. as Parcel 2 in A Official Records Book 767, Page 249, according to the map or plat thereof on file and recorded in the Office of the Clerk of the Circuit Court,recorded in Plat Book 2,page 2,in the Public Records of Collier County,Florida. PARCEL 19 G i. All of Lot 97 of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, lying South of Golden Gate Parkway,according to the plat thereof recorded in Plat Book 2,at Page 2,Public Records of Collier County,Florida. k t 5 Page 2 of 3 1 Exhibit V.G. Page 19 of 27 i OR: 3950 PG: 2578 1 PARCEL 19 H In North 'A of North'A of Section 35,Township 49 South,Range 25 East,being at the Northwest corner of the section and urn East 1398.25 feet;thence South 64 degrees West 1555.06 feet;thence North 664.01 1 feet to the place of beginning,Collier County,Florida. k 4 :# PARCEL 19 I ez Lot 6,NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION, less additional mad right-of-way for Goodlette-Frank Road, according to the map or plat thereof on file and recorded in the office of the Clerk of fthe Circuit Court,recorded in Plat Book 2,Page 2, in the Public Records of Collier County,Florida. PARCEL 19 J A lot or parcel of land lying in Lot 2 of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS,per plat in Plat Book 2,Page 2,Public Records of Collier County,Florida,which lot is described as follows: t Beginning at a point on the South line of ,. `. , ..04.11.14,' is the Northwest corner of Lot 50 of GORDON RIVER HOMES per Plat "�, •,A. • , 1 c Records of Collier County,Florida, run Northerly parallel to the West • It ='ii Lot 2 far 2°` - thence run Easterly parallel to the South line of said Ldt for 180 r run Southerly paralle + ' line of said Lot for 217.5 feet to South line of said Lot;thence ' -;:.'1 : on _: i c f► 80 .-- to Point of Beginning. I Being the same premises can.e-- a it :."= Page 393, Public Records of Collier County, Florida. IRS• tii- ' `.," , 1 �1 ra a �•! s . a, -of-way for Goodlette-Frank Road. • ..!! THE FOREGOING LANDS • VI e • PARTICULARL s -i BY METES AND BOUNDS ON A 4. TTACHED EXEEIBIT"A-1" 3A ell O ING PARCEL 16) i Pp s V1 v F:1 alTarcol#19Clasin 8 o t " r: � .ai•1 e FOR ALL FLE7StHMANNTOTPL i DOCUMIIN'1S.wpd e i 1 t - 1 Page 3 of 3 3 I. Exhibit V.G. Page 20 of 27 i OR: 3950 PG: 2579 4 44 A-^' A pardon of Soothe 3!,Toler*40 Sadh,ftenga 23 foal.Collar Courtly.Aslda and a Portion of tot 57.Neoin t e. 1 Fst.q r,.ems a In. Plat Hoak 2 at Page 2 of Ow Pomp girds or cow County.Match,de faok•ot.tae Nies011 l dmasl�awlll"•adi woman 3!.Twnlaip 40 Smith 73 UK.COW Cmaslf,fort Vl•••• N.3W4S't 0 E.'-?h!lts NOM!**at-aatd•toi*ott 3t,a:d ots,...t 1. teat Cain/11.1034'4111...a ei if 1.35.7! lit 10 ttartplep�t eateer at NntoltCPaitos glom**.red ill Pitt Os`Y".2A,et Pays 20.et stet PiMC. Avow*at Carly Gant,.Nut* Otakes S '2qw,*iv 1104;7101 1110 at isle NNura Poln4 0 d1 boa*Mil lest.•to tat Sdalttaat 4+n.,It tat S7 et #apra.R4gt.Cs s.tie fans.m etrstt d fn.Plat'1041 2 AI!NO. il- t of Om Ptt}i lladadd'it 1e11oi Coital. thaose attratalr1t..done 911 son*trio at said,1st 27 a tllikhles •r 1,15030 lust to P.11*1' ono Naai '.a t0•trM Bafs e1or I. at 0a .wtwS aaryt Di aIM Wert tow*' t tiro atom i d 1ph.dets>)Wale of q.laeii"tf evi atlpttdtnetit 47 UP'iaadp eW-••dar fat i the obe,111m1100 `tent ' ars LarUS1f'E•a 11blet ∎rr at 71.113 last Vint*1t1?7 '051,`a daiwlaai ii'71410 hat* •:N.443rsrt,,•dishOreo d•114.74twi•,!home i.2r4•2r'w. •dlsto.o. .1 103.1"teeth.Nana M.O33r4S't1.,a sfoto.ce of 3.7.00 fast*nos N057.67•12.O distance of 425.35 fat.win 10.0213441.,et*tondo of 40.3.17 toot thence N.1r4c'0/'E� •datm..of 53333 Mt thrown NAO'a2'4rL.olsiossa.of 401.50 lust wow.ta221317'L a daisies of 405.20 teak hence N23 20 3PL.• dslone•at 124.35 Post Sc Its ittar•.adni wan toe South A4k1-N-.iy AN 1 Cidsi Coto Pennety: -.1 Thence lawny void mood•,;i.,JL.asr40'1e'L atone idi.seta right-d-.•p I.•at C•em CM*Partway,fora e,; *tuna of]74.13 het I.ids M.raadtlwr.dh N. Lest in of ilia SaMwat 1/4 of foram V.Ta•a.lip 40 Srih, Bang, 23 Tam; thane EAr14.14'E.dap said Mgt Ins.o distance of 2.10212 feet to Ole POW OP BtxoaraC. 4 Together Wilk A pert* 1 tots 2. Owa.g)1S at Naples lmpranment Co%LAG,lame•s rossoo•.e Plot Boob 2 at Pogo Z of the _- Ptrk4a ,..aces of Cabin Cavity.Ra 3.o,as vii a•portion of Low 30 ail+4.M d 1 Lots 40 through 42 at :ii" Cordon f0•.r Nana.a recq/dul it Plot Noah 2 at Pogo 84 et the Peck g.e.rio of Cats County, FlarW..hake r4.. many particularly,d.worp Wow=ad ay Wow= - -- 16054 at the Northeast- c o m e r of St •Pores es c onto 1f of a6 hest Placenta at Collor Catsnly, rh.ido add on. . Gabs paat.ay, also being a pail of area of ar,.a3.-I.ngwnt mete to : roam, -. '41' �•y 17r'1L, a read• datarace at 113.03 tat dad' •Owl - r fluvial it t...8136 tut Die p Ina arc w and Salo south right-of-sot'4u, through• 4- O1 7 a dialiirdon at'3 the point ei wawa of• non tangos saes N flu Idt..•f , • 7, .061' n LL17`3I 3*1..at• ..:.- 1 81313 F`_ feat and twine a dtted beablg of 1.3 , Dla Oa: South right-al-.ay 5r.. Unwell .YCantret engirt of r South right-o/-wry lets, a dits,ee d 4 • - a( 50 ' control ongha of 38'3r20.cotta•chord r:. - :BM isc sad d South right-ore-+.or itta a ddatue.of .:6----.....4 •a a outer Ins aiitirut 1 727.41 fat Sc'Paint a ud _ :tide•d ..., .of the .u•tvy shore el hisCadan uvsr -no"R1 i�*p x'P, _ the Cordon hear baby app,odiiand or : I''1 ,L, a .. . .,. 52328'ir1L.a*two.d 310.14 toot . , r,. ,t ,., .' .cow,. r South I.1 lb.North Halal Lae 7 d :_ �M�2 at Pegs 2 d U. Puddle racdrd. of Cotter o -r. f the North half of whilst caw*,,, .72,4 Sc .lira.ten *",_• w� Ina -, 1238..34 hurt at seta tot.7•'Bunt!_Atone 1101•- at •Pty•Aaat:13110.34 to I „• pals...If 154,24 teat in6.ea lag• •'' 't • elf add to 7' •- ii,v Na nett) 1 Lin:at.rid Lai 7.a .f 3:16.02 tat. . Tea 66-667616 2•0 d e: of sad Lot 1: ±±�� thence 5.0014,1'L.ovary •iat ire of U. ode LII 7.a deem to L '§ 'MMtecatodtn clth the*111 ire d said Lot 7; . '. t _.aline the salt a 7. ■dwt•na et s sagas hat.to-Feint C' •lid...i.cibtg.edertr M ei In,.,toy there d 11. Gordon IB.r Orates seotholp.Pone ea• n N the Conran Weer :the laluawing es.....:from Me abaft nsion tl•.d Pahrtt?` , .,.'i-- 't•°°.- .1 434.50 f..t mama • `Z.i rm3rw-•dhlenei W°001.70 tact apena.7tar37'22'I o°"'° • •. h t l3....:f720•10'W., e 0..t......./ 703.03 Net to its Intetoontion mu,71.meth U.N theet rood. assort*In Offtdai tooted. Moak 757 at P.e,t 241 at the Nose B•e0rrt M C.1t•r Count.*rift them 3.211447117-12.long tlo north of 2..t said a ;aw.a,Ww tae..,*dlsos.wy4 721.10 foots ttw..2.0611'00'L wrq as ...t 1m it odd a..wb.d sands. • *bows of 11115 heel Sc_ 15asepi.w efh 1ta attsfl Ins of Lot 3 et Naples Yapoaewne.t t7o9 tittle par..•. _ .cord•.in Phil leak 2 ii toe 2 d Ike Pueth records of Cedar Q•tiy. Florid.,antes can I .S.001111(7 f. . chap the oat One of th,ts lu.as deoi.d le a1Hea1&red.H..k 757 et Pop 35 1 the Porte k.c•rds If 0.1.,Cwe•■y, Nadia. •attune of 465.75 fos1 to As letasaeBan eibt he north Na it Lot 30 at Gordan low Nance a now*it Platt:am*2 at tags 84 If 3.M Pubis Samar&1 Carla Co nb.florid% thanes 11673r30'M • story tit amt One it IM toot hdf of said tat 31.a distance of 121.00 leer I.in H.ra•t:Hwn with the North t- debt-et-.ay 3.w of 14th Aifi.nr North;Nano 4014010'w..*ono 111,reran dent-NN-+q Gus of 14th&a ws Marti. a dlsta ce at 315.00W 564 to L's tntaniedas with to writ iur at ate oast 4!-Peat if tot 44 If said Conlon River Nantes;thanes itOP35.'5 11. dap:asif tort goo.•Islam of 132.10 Net to Oa in.aa..5on.hth the north Sae of said Lot 441 O.owa:'10P40'101f.done ore0 needs lbw d add Gordon ltiv.r Noma.a distance of 334.54 feet. •, to its ianwecaw with the East dgkt-of-way ens If Ceedttla Ford)bee Disc,t.0173P2VW..long roil soot fil right-of-war fn•. a dnaci of 476.05 Mt thews N.043r sw*Mg ad oat dgrd-of-coy L..a**as at 74721 Prot fine.ILSSt dime sold a.t OgM-at-.ay a dstatc.of 02521 teat,b the southwest corner 1 said Stacy%1'ts�iC thence Itaara0'20'E.done the south fns If mid 2sny's Plod.•de O d 300.114 •Not thews N.Otfla7C'W.atone the saw is of said St tap%Phan.o*sew at 301.53 last I.06 POINT Or I Toe.so.doss.. ormst T • Ms la HO?a Surrey. ark> ftRf Pt 1710!$ OP SECT1O4 V. 34 AND 35, ' T1k 449..S., RANGE 25 E., •i`:'.""" `'."ta.e,"", airs fib•:' 4s't: ,:j�`�_,_If. _ c EXHIBIT ^A-I" F I i i IExhibit V.G. Page 21 of 27 • i a i ii OR: 3950 PG: 2580 1. Ill rs r EXHIBIT B 4 PERMITTfiD EXC ON a 1 1. Rights of parties in possession of that leased portion of the insured property commonly known as "Jungle Larry's' "under unrecorded Lease Agreements and all sublessees thereof,including without limitation rights under Memorandum of Lease recorded in O.R.Book 2893,Page 916, Public kccords of Collier County,Florida. 2, Ripaanfand littoral rights are not insured(Parcels 19A-E,19-1, 18 G, 18 E,18 A-3,19 G,and f 1 n 1911). - 3. The inalienable right of the public to use the navigable waters covering or adjacent to the lands (Parcels 39A-E,19 I,18 G, 18 E, 18 A-3, 19 G,and 1911). 4. This policy does not insure , r t1 ` ,. I lying waterward of the mean-high water line of the Gordon , '.". x-.:, 7' , , 19A-E, 19-1, 18 G, 18 E,18 A-3, 19 G,and 19H). 4 4 5. ResMCttbais,condi•., ,�a:e s e• O •« • „« .contained on the Plat of Naples ••••• • • ,-, ,® ..., ,-, p.,`.Book 2,Page(s)2,Public Records4of Collier ,, �''�, ( 6« Easement in favor,`a L+ i .: I P „ :,age , instillment recorded November 14,195-` " , ..,. t',: i_ - 931E 1.1$1 #.R.Book 246,Page 59,Public = Records of Collier it,-.., • Florida(Parcel 19 A r, M Q 7. Easement in favor of •• •., ewer&Light Corm •• •=in instrument recorded November 14, 1953, r . P. =395, a �. ' of Collier County,Florida(Parcel 191). 1 - T �i- a 8i: Easement in favor of Florida Power& •a Company,contained in instrument recorded November 14,1953,Deed Book 30,Page 397,Public Records of Collier County,Florida(Parcel 19 I). I a' I, , 9_ Easement in favor of Florida Power&Light Company,contained in instrument recorded June 21, 1960,O.R.Book 66,Page 301,Public Records of Collier County,Florida(Parcel 19 I&Parcel 19 A-E) 10. Easement in favor of Florida Power&Light Company,contained in instrument recorded August 22, 1961,O.R.Book 244,Page 631,Public Records of Collier County,Florida(Parcel 19 A-E). 11. Easement in favor of Collier County,contained in instrument recorded September 12, 1985,O.R. Book 105,Page 233,Public Records of Collier County,Florida(Parcel 19 A-B). -t 12. Easement in favor of Collier County,contained in instnunent recorded April 28,1995,Q.R.Book 2053,Page 1696 as corrected&re-recorded at O.R.Book 2098,Page 1826,Public Records of Collier County,Florida(Parcel 191). i 8 .. i 1 Exhibit V.G. Page 22 of 27 j J 4 *" OR; 3950 PG: 2581 ril Zs i 13. Right ofEntry recorded in O.R.Book 2999,Page 3091,Public Records of Collier County, Florida(19 A-E, 180, 18 E, 19 I, 18 A-3&19 G) ;a 14_ Resolution No.89-5753 recorded in O.R.Book 1603,Page I508,Public Records of Collier R; County,Florida. 15. Right-off Way Deed recorded in O.R.Book 66,Page 432,Public Records of Collier County, A. Florida. ill 16. Order o€Taking recorded in O.R.Book 2735,Page 1 135,Public Records of Collier County, Florida(Parcel 19 A-E) 17. Easement in favor of City of Naples,contained in instrument recorded April 1, 1975,O.R.Book 615,Page 1572 as modified at O.R.Book 785,Page 351&O.R.Book 785,Page 361,Public Records:of Collier County,Florida(Parcel 18 E). -_ 18. Easement in favor of Donald r•. ...... in instrument recorded January 16, 1973,O t.Book 499,Page _. eir 1-, . ...t Eft ■`- County,Florida(Parcel 18 C, 18 D,& Is ). V . g K C 19. Easement in favor ofd Inc.<t ontaiined in .• . .,� - •_ November 20,1978,O.R. Book 7&3,Page 436 b _ . . .. - . a. .ri ,Fl• 'de ,(Parcel 18 F). •4 4. f • ' • '•`=,a3 Book 227,Page 40,Public 20. Easement conta a in • a°' ,:s°J "°�."" i ►^F�'.'°' Record of Collier . . : :51/ 21. Ease me rt in favor. • . ii m.,..,.•, r+r... ,• . in instrument recorded May 26, 1978,O.R.Book 75 997,Public Records , ,U ` . ,Florida. (Parcel 18 F). 22. Easement contained in." t ,, recorded January a. 9 5 D.R.Book 182,Page 881,Public Records of Collier.Couti ;it', (Parcel 18 23. Easement in favor of Florida Po • .. y,contained in instrument recorded September 9, 1980,O.R.Book 882,Page 1123,Public Records of Collier County,Florida. (Parcel 19 A-E). 24. Any lien provided by County Ordinance or by Ch. 159,F.S.,in favor of any city,town,village or 1 port authority,for unpaid service charges for services by any water systems,sewer systems or gas systems serving the land described herein;and any lien for waste fees in favor of any county or municipality. 25. Any rights in favor of third parties arising front the following matters of survey as depicted on Wrlsoniiller survey dated July 6,2004,revised August 15,2005,and bearing File No.40-125A: 1.Drainage ditch running East and West across Parcel 19F;2.Guy wire anchors,traffic signal poles,and utility poles located along the Western boundary of the insured property outside of any easement area;and 3.Lift station and related utility equipment located in the Northwestern corner of Parcel 18F outside of any casement area. F.A pdtw toNh,sci iTMMClosin Oxcon..atasio.d Pxepliur-Wait BsT4 R i Is i A Exhibit V.G. Page 23 of 27 1 3815747 OR: 4013 PG: 0757 CONSERVATION COLLIER IICC1DJD is OitICIAL lICOID3 at COLiII1 0001Ri, It PROPERTY fD s 20760800009&00268160009 04/07/1006 et JB:3SAI DII H I.MOCK, CI�II[ COI/ 211911.00 !IC III Jf.SJ ' DOC-.70 1601.31 COIAI 4.01 ii lets: N IIAL IlttTI 11IIIC0i AMTI:CI10/I0 017 a 3 WARRANTY DEED 3 THIS WARRANTY DEED is made this I day of Mac ft' 2006, by CDC LAND INVESTMENTS, INC., a Florida Corporation, formerly known as COLDER DEVELOPMENT CORPORATION, whose address is 3003 North Tamiami Trail, Suite 400, Naples, FL 34103 (hereinafter referred to as"Grantor"), to COLLIER:COUNTY, a political subdivision of the State of Florida. its successors and assigns,vrrhose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 x° (hereinafter referred to as"Grantee"). !' l (Wherever used herein the terms"Grantor and"Grantee"include all the parties to this instrument and their respective heirs,legal representatives,successors and assigns.) ( t ti WITNESSETH: That the Grantor, for and in consideration of the sum of Ten 1 Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms Tinto the Grantee,all that certain land situate in Collier County,Florida,to wit: ti -fin w:`•1,u , 'See Attached Eztub' • ,! - `herein by reference. a Subject to ea -. G it, s,-1'._. =,and. ; • : .,- of record_vomipilloi_ i 1 11P Grantor does not (1,11!) r,• s V r.s described herein. TOGETHER with a j tenements; he :nd appurtenances thereto belongingor in anywise ap7 r.'ping_ f ITO LAVE AND TO . a sN . ,., > e 4 , 'i ANti the Granter.hereby covenants I 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. i i IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: _ L r F CDC LAND INVESTMENTS, INC.,formerly I ( i n L known as COLLIER DEVELOPMENT CORPORATION,a Florida Corporation ( ,,:rt m. (Printed Naive) �{ f ,. . ): SY: ( PATRICK ..UTTER.VI _, PRES M.D itlgt am O THIS CONVEYANCE ACCEPTED t0Y THE OOARD OF COUNTY COMMISSIONERS, COUNTY. FLORIDA. i PURSUANT TO AGENDA, DATED* _ J.a,L1,(A ITEM NO. 1014 1 i. Exhibit V.G. Page 24 of 27 1 OR: 4013 PG: 0758 STATE OF FLORIDA COUNTY OF COLLIER 3 The foregoing Warranty Deed was acknowledged before me this /day of galiD.lj , 2006 by Patrick L. Utter, Vice President on behalf of CDC 4 Land fnveetments, Inc., formerly known as Collier Development Corporation, a Florida Corporation, who is personally known to me 0E—who—has—produced- 2 4 1 i ei. gi (affix n ita(ial:s�} °i Ill (Sig,r.-re`of Notary Pouf" t,M. . i0i11_ (Print Name of Notary Public) NOTARY PUBLIC SeriaMommiss on it -1 1/%: _/-s My Commission Expires:$ Ems.Coo: " ,t s.� ► - I Enn 1 • r, 1 C O ^� ... s i,...i . ‘Ick,) ,'*' . 7- 1 1 , I i I q i Ili. i t i i Y 1 3 F 1 Exhibit V.G. Page 25 of 27 S r OR: 4013 PG: 0759 li ' EXI BIT "A"A Page 1 of 2 th 3 V 1 PROPERTY TAX IDENTIFICATION NUMBER: 00268160009 THE SOUTHEAST (SE%) QUARTER OF NORTHEAST (NE%) QUARTER AND 4. THAT BART OF THE NORTHEAST(NE'/.)QUARTER OF THE SOUTHEAST(SE',) w QUARTER OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: AIL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN THE NORTHEAST(NEJI4)QUARTER OF SECTION 34,TOWNSHIP 9 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND B rg EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SI BEGINNING AT THE POINT OF INTERSECTION OF THE EAST BOUNDARY OF STORTER SUBDIVISION WITH it THE NORTH RIGHT-OF-WAY LINE OF A CANAL, ij RECORDED IN PLAT BOOK 5, PAGE 106; RUN IN A NORTHERLY D 1' K EET,MORE OR LESS, t TO THE SO t. 'vt GORDON RIVER HOMES SU °e ON RE + a �� ,�` ,PLAT BOOK 2, '" PAGE 84 maims IN AN. , •` t' DIRECTION 1 ALONG e r •' o s (� OF GORDON RIVER : 1 :"dt� �, ,Y. MORE OR LESS, i Iiii B lex 6F GORDON., RIVER. T 14 E .1 .‘,y 'i Y DIRECTION il FOI LO 1 : , :�r a ,s 0 V • ,� I' H.W.LINE OF GO' e= RIVER TO 94 ° _ EXTENSION OF THE ,. RIGHT-OF-W7 ee THE CANAL IN STO ,? IVISION. ' 20:PLAT BOOK A 5, PAGE Iff6, '"+"',. - o. s ' ' a_Y DIRECTION ALONG THE E a l' 4a e+ ON OF THE NORTH s RIGHT-Of:WAY:LINE 0 ' AID CANAL TO THE POINT g a OF BEGINNING, LAND 3 a i 1 x i I ) 4 t 1 4 Exhibit V.G. Page 26 of 27 1 *** OR: 4013 PG: 0760 *** 1 EXHIBIT "A" Pagc 2 of 2 i A PORTION OF THE SOUTHEAST (SE ''A) QUARTER OF THE NORTHEAST (NE ''A) QUARTER, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25, EAST, COLLIER COUNTY, FLORIDA 4i DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT OF 4 ENDING OF BULKHEAD LINE NUMBER 3"AS SHOWN AND DESCRIBED ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD LINE PLAT BOOK I AT d PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN SOUTH 89°42' 36" EAST,ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.80 FEET; THENCE RUN SOUTH 29° 16' 45" EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144.56 FEET; THENCE RUN NORTH 89° 42' 36" WEST, FOR 289.14 FEET, TO 'A s THE WEST LINE OF THE SOUTHEAST(SE Y.)QUARTER OF THE NORTHEAST (NE '''A) QUARTER OF SECTION 34, TOWNSHIP 49 S o ;RANGE 25 EAST, COLLIER COUNTY, FLO 4.;f y L' e 1 BEING ON THE NORTHERL de _° �' i + OF BEMBURY DRIVE BY •.74 : ION A ,>9 -c m®. ON THE GROUND a ' @e d BEING-362. ' d SOUTH OF THE NO' ` is 4. a EAST (SE Y4) QU. , r , 1121 ) QUARTER AS Sit i 0,1-4,74Z-. � 'VEYOR'S NOTE;:' u® a '' Y LINE OF �„' BEMB® ° r'4 -S B P .S t,.i,..' 360 FEET SOUTH .'ID NORTH ' aT "I°�'�ON PLAT OF A 1 STORTER +�::� VISION AS . '► PLAT BOOK 5 PAGE 1' 1 C RECD• r. ', & ' IER COUNTY, FL0 27A), } F`T'" .Q° 17' 24" EAST, S ALONG THE 1+uetat WEST LINE FOR 125.73 FEET TO THE POINT OF BEGINNING; CONTAINING 0.732 ACRES; TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ANY LAND CONTIGUOUS TO,AND WATERWARD OF,THE HEREIN s DESCRIBED PORTION OF BULKHEAD LINE NUMBER 3. is 9 CONSISTING OF 43.54 ACRES,MORE OR LESS. I AND PROPERTY TAX IDENTIFICATION NUMBER: 20760800009 UNPLATTED LANDS LOCATED IN SECTION 3, TOWNSHIP 50 SOUT I, RANGE 25 EAST AND FURTHER DESCRIBED AS GOVERNMENT LOT 2 LYING WEST OF THE GORDON RIVER, LESS AND EXCEPT THE WEST 20 ACRES THEREOF AND ALSO LESS-AND EXCEPT THE NORTH 800 FEET THEREOF. - . I CONSISTING OF 4.39 ACRES,MORE OR LESS. 1 i 7 '_ i 2 1 Exhibit V.G. Page 27 of 27 I COPY PRE APPLICATION MEETING NOTES / 2--i v #- (q r der laaklry evp...a` `r t"'5, fr it RZ �F Sim (: F ZAAJ iL _ L T ,/, -- t v"n, rte. 1-71D‘.7 i,,- 1 fz-t- fl 014' N1/4 hf`'n' "j0n 7 T 11774 'c? OE 514-0,4,Pry 71/1 f 1(, C° . Pr‹- V 3 29 , COPY ORDINANCE 2011 -25 2 t t - v c.1,i . . Gs ORDINANCE NO. 11- 2 .61; AN ORDINANCE OF THE BOARD OF COUNTY t%:-1 �� COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL':- 713 AGRICULTURE (A), RURAL AGRICULTURE (A) WITH AN S' OVERLAY, CONSERVATION (CON), CONSERVATION (CO* `= _. 1 WITH AN ST OVERLAY, COMMERCIAL INTERMEDIATE (C- `;' •-- 3), RESIDENTIAL MULTI-FAMILY DISTRICT 6 [RMF-6(3)j - AND RESIDENTIAL MULTI-FAMILY DISTRICT 6 IRMF-6(3M WITH ST OVERLAY ZONING DISTRICTS TO THE PUBLIC- .73 USE (P) ZONING DISTRICT FOR A PUBLIC PARK WITH AN. ST OVERLAY TO BE KNOWN AS THE GORDON RIVER * --) GREENWAY PARK; AND BY PROVIDING AN EFFECTIVE DATE. THE 123.6+/- ACRE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF GOODLETTE-FRANK ROAD (CR-851) AND SOUTH OF GOLDEN GATE PARKWAY (CR-886), IN SECTIONS 27 AND 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. WHEREAS, J. P. Marchland, P.E. of Kimley-Hom and Associates, Inc., representing Collier County, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by reference, located in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida, is changed from Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) with an ST Overlay, Commercial Intermediate (C-3), Residential Multi-Family District 6 [RMF-6(3)] and Residential Multi-Family District 6 [RMF-6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a 123.6+/- acre public park with an ST Overlay to be known as The Gordon River Grcenwav Park I R7_-PL2009-25 Revised 7/26/11 1 of 2 Gordon River Greenway Park_ The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly_ SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this at.74 ) day of ,2011_ ATTEST: . BOARD OF COUNTY COMMISSIONERS DWIGHTBROCILERIC COLLIER COUNTY, FLORIDA - By: - AL, mufti& By: (A). ., I-pu Clerk FRED W.COYLE, Chain i Attest•is 4 iignatureoat0.-• Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney Attachments: Exhibit A: Legal Description CP109-CPS-00974\55 0 r ond coknc.!wled;ernont or thzIt :-,---ceived this Si"-dos; of B Pa. ‘1111 er4vp;trrIVP• Gordon River Greenway Park/RZ-PL2009-25 Revised 7/26/11 2 of 2 . _ . . . LEGAL DESCRIPTION (O.R.B. 4013, PGS. 0757-0760) THE SOUTHEAST (SE1/4) QUARTER OF NORTHEAST (NE1/4) QUARTER AND THAT PART OF THE NORTHEAST (NE1/4) QUARTER OF THE SOUTHEAST (SE1/4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: ALL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN THE NORTHEAST (NE1/4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST BOUNDARY OF STORTER SUBDIVISION WITH THE NORTH RIGHT-OF-WAY LINE OF A CANAL, RECORDED IN PLAT BOOK 5, PAGE 106; RUN IN A NORTHERLY DIRECTION 149.00 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY OF GORDON RIVER HOMES SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 84; THENCE IN AN EASTERLY DIRECTION ALONG WITH THE SOUTH BOUNDARY OF GORDON RIVER HOMES A DISTANCE OF 133.00 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF GORDON RIVER; THENCE IN A SOUTHEASTERLY DIRECTION FOLLOWING THE MEANDERINGS OF THE M.H.W. UNE OF THE GORDON RIVER TO THE EASTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF THE CANAL IN STORTER SUBDIVISION AS RECORDED PLAT BOOK 5, PAGE 106; THENCE IN A WESTERLY DIRECTION ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF SAID CANAL TO THE POINT OF BEGINNING. AND A PORTION OF THE SOUTHEAST (SE1/4) QUARTER OF THE NORTHEAST (NE1/4) QUARTER, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF BULKHEAD UNE NUMBER 3" AS SHOWN AND DESCRIBED ON THE BULKHEAD UNE PLAT, RECORDED IN BULKHEAD LINE PLAT BOOK 1 AT PAGE 24, PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; RUN SOUTH 89'42'35" EAST, ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.80 FEET; THENCE RUN SOUTH 29'16'45" EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144.56 FEET; THENCE RUN NORTH 89'42'36" WEST, FOR 289.14 FEET, TO THE WEST UNE OF THE SOUTHEAST (SE1/4) QUARTER OF THE NORTHEAST (NE1/4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF BEMBURY DRIVE BY POSSESSION AS MONUMENTED ON THE GROUND, SAID POINT BEING 362.32 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHEAST (SE1/4) QUARTER OF THE NORTHEAST (NE1/4) QUARTER AS SHOWN ON SAID BULKHEAD PLAT (SURVEYOR'S NOTE: THE NORTHERLY RIGHT-OF-WAY UNE OF BEMBURY DRIVE IS SHOWN AS BEING 360 FEET SOUTH OF SAID NORTHWEST CORNER ON PLAT OF STORTER SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 106, PUBLIC RECORDS OF COWER COUNTY, FLORIDA); THENCE RUN NORTH 0'17'24" EAST, ALONG THE AFORMENTIONED WEST LINE FOR 125.73 FEET TO THE POINT OF BEGINNING; CONTAINING 0.732 ACRES; TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ANY LAND CONTIGUOUS TO, AND WATERWARD OF, THE HEREIN DESCRIBED PORTION OF BULKHEAD LINE NUMBER 3. EXHIBIT A • DESCRIPTION All of Lot 97 of Naples Improvement Company's Little Farms, lying South of Golden Gate Parkway. according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except the following Access Easement The East 60 feet of that port of Lot 97 of Naples Improvement Company's Little Forms Subdivision, according to the plot thereof recorded in Plot Book 2. Page 2. in the Public Records of Collier County, Florida, lying south of Golden Gate Parkway and within Section 27. Township 49 South, Range 25 East, Collier County. Florida: And less the North 120 feet of the East 120 feet of Section 34, Township 49 South, Range 25 East. Collier County, Florida: being and lying within Lot 97 of Naples improvement Company's Little Farms Subdivision, according to the plot thereof recorded in Plot Book 2, Page 2. in the Public Records of Collier County, Florida. Together with Lot 3 of Naples Improvement Company's Little Forms, according to the plat thereof recorded in Plot Book 2. at Page 2. Public Records of Collier County, Florida. Less and Except That port of Lot 3 of Naples Improvement Company's Little Farms subdivision as per plot thereof recorded in Plot Book 2, Page 2. Public Records of Collier County. Florida, lying Easterly and Southerly of the following described line: Commencing of o concrete monument of the South 1/4 corner of Section 27. Township 49 South, Range 25 East. Collier County, Florida; Thence along the South line. North 89'26'09" East 753.94 feet to a point Thence South 00'21'55" East 334.85 feet to a concrete monument on the south line of said Lot 3 and the Paint of Beginning of the described line: Thence along said described line and the Westerly boundary of the herein described parcel North 00'21'55" West 211.15 feet to concrete monument at the Northwest corner of said described Parcel: Thence along said described line and the Northerly boundary of said described parcel North 89'38'05' East 729.90 feet to a concrete monument: Thence continue North 89'38'05" East 13.00 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Farms and the Point of Ending of said described line. Also Less and Except That port of Lot 3 of Naples Improvement Company's tittle Forms subdivision as per plat thereof recorded in Plot Book 2, Page 2, Public Records of Collier County. Florida; Commencing at the South 1/4 corner of Section 27, Township 49 South, Range 25 East. Collier County. Florida; Thence North 89'46'00" East 74.16 feet to a point on the East right—of—way of Goodlette—Fronk Road; Thence along said right—of—way North 04'39'15 West 148.44 feet to the North line of said Lot 3; Thence leaving said right—of—way and along the North line of sold Lot 3 North 89'40'10" East 761.95 feet to the POINT OF BEGINNING; Thence continue along said line North 89'40'10" East 191.50 feet; Thence South 28'23'14" West 108.55 feet; Thence South 89'47'09" West 137.16 feet; Thence North 01'38'39" West 94.94 feet to the POINT OF BEGINNING. And Less • That land described in Official Records Book 246, Page 59, of the Public Records of Collier County, Florida, being a right—of—way taking for Goodlette—Frank Road. (Detail "5) 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 2011-25 Which was adopted by the Board of County Commissioners on the 26th day of July, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of July, 2011 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners,,:. By: Teresa Polas i,' Deputy Clerk ..: ' COPY RESOLUTION 2012-018 RESOLUTION NO. 12- 1 8 A RESOLUTION APPROVING PETITION ST-PL20110000677: REQUESTING A SPECIAL TREATMENT DEVELOPMENT PERMIT TO CONSTRUCT A RESTROOM, MAINTENANCE STORAGE BUILDING, PAVILION, PARKING, STORMWATER TREATMENT AREAS, LANDSCAPING, LIGHTING, ACCESS DRIVE, TRAILS, BOARDWALKS, SHADE STRUCTURES, FISHING PLATFORM, WATER QUALITY TREATMENT FACILITY, UTILITY PIPING, AND PEDESTRIAN BRIDGES WITHIN THE SPECIAL TREATMENT OVERLAY (ST) FOR A PROJECT KNOWN AS THE GORDON RIVER GREENWAY PARK LOCATED IN SECTIONS 27 AND 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on Collier County, the power to establish, coordinate and enforce, zoning and such business regulations as necessary for the protection of the public health, safety and welfare; and WHEREAS, the County pursuant thereto has adopted Ordinance 04-55, as amended, which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Board of County Commissioners of Collier County, being the duly elected constituted board of the area hereby affected, has held a hearing in regular session as in said regulations made and provided, and has considered the advisability of allowing the construction of the following within the Special Treatment area as shown on the attached plans (Exhibits A and B): • The Northeast Development Node with its associated restroom, maintenance storage-building,pavilion,parking stormwater treatment areas, landscaping, lighting, and access drive. • Passive park amenities such as recreational multipurpose pedestrian/bicycle trails, boardwalks, associated shade structures, and lighting. • Fishing platform. • A water quality treatment facility to enhance water quality from stormwater runoff along Golden Gate Parkway. • Utility piping for water, sewer,and stormwater. • Pedestrian bridge over the Golden Gate Canal, and provisions for a future pedestrian bridge across Golden Gate Parkway to connect to Freedom Park. WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. Gordon River Greenway Park ST Permit Rev. 1/17/12 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Petition ST-PL2011-677 filed by Collier County Governments' Parks and Recreation and Conservation Collier, with respect to the property more particularly known as Gordon River Greenway Park is hereby approved for a Special Treatment Development Permit to allow for 6.9 acres of impacts as shown on Exhibits "A" and `B" in a Public Use zoning with Special Treatment Overlay(P-ST)wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ST- PL2011-677 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. DONE AND ORDERED this �� day of (-brua(y , 2012. ATTESTir Apr BOARD OF COUNTY COMMISSIONERS DWeiTE:1BR6C-K, CLERK COLLIER COUNTY, FLORIDA ttt BY t e ty.Cdr Fred W. Coyle,Chairman n:t..'ala ilea $ 4I atrriii•9rr Appmved-as to Form and Legal Sufficiency Steven T. Williams 5%1,2 Assistant County Attorney Attachments: Exhibit A—ST Overlay Affected Area Map Exhibit B—Overall Project Site/ST Overlay Concept Plan Gordon River Greenway Park ST Permit Rev. 1/17/12 Page 2 of 2 o.�.w.,.:x.\segy.V.. aooWnoSpver.... oll-n-:>sr_Arrccrtn_us_:e:raw w...% o.n.m: ._._ b F ... — of EXHIBIT"A" Ire =• : i,.. .! x 7 7 x E� ' - o L 1:Ig El 1 : 101 V it " a$4. 1 i111 ,r R ;; .<,. _T I' a agwy ( t mo mxi z0 Z { �1: D m 7'4' . • Ai x X 7 , Ci - ari ..5 ;`.4.f _ E ` aE- oo • --,,z, S• 1 ",4,..,- - .. .. ,,. ;;=..* O < F_ m Cx S IIIH III NQ"^�+^Y vl_ TD D E, 3. • ' i - NORTH t : C , rm iiii 1 i f Ames,name ww.p..v...7,.00\400a..4411AAM,_ ,_ , „q.. -in- - - - - r li i ! I is I lGa `' : . �j. f1, 111 i1 I : I , , .. 1 I k .1ii . . . _ . . . . . . . . _ . .. . _ . . . - O 1;� o w A tat- —1:1 I a 1 � . , _ _ POri 4...../ - . -.,::.:. ..-::' i Or is : I `I i 1 Z I t- i . . , _._ ,.:::,,:::. .•.f:, -.: -- I H I I x xi I P. .i i I ; _ I'I: ) kg Aii- D fimL! Iii!U YY N / 0 XI 0 m i Pil I 1 1 . . . .1 i3., fit: , . 1/1 0 Q S • 1 xi i i ii ii - .,....„ • N 1 COPY DECLARATION OF RESTRICTIVE COVENANTS 4042169 OR: 4253 PG: 0713 • L i RECORDED in OFFICIAL RECORDS of COLLIER COMITY, FL 07/03/2007 at 01:45PM DWIGHT B. BROCI, CLERK This document prepared by RHC FHB 120.50 Kristen L.Coons,Esq. Retn: Florida Communities Trust HEALTH & FMBLIC SERnICES Department of Community Affairs IITBROFFICB- BLDG H 21D FL 2555 Shumard Oak Blvd ATTI: ANAIDA TOWNSEND Tallahassee,FL 32399 FLORIDA COMMUNITIES TRUST FF6 AWARD#06-043-FF6 FCT Contract#07-CT-96-06-F6-JI-043 GORDON RIVER GREENWAY PARK DECLARATION OF RESTRICTIVE COVENANTS THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"),a nonregulatory agency within the State of Florida Department of Community Affairs,and COLLIER COUNTY,a political subdivision of the State of Florida("Recipient"). THIS AGREEMENT IS E )eat ci'BAs, c ti N THE FOLLOWING FACTS: WHEREAS,the intei`f. Agreement is to impose to .1 and conditions on the use of the proceeds of certain bonds, i esc iibeck-and` he lan's . •uired with such proceeds, as described in Exhibit"A"atta 'h�et. . 1 E Irk- . .. 'Pro ect Site"), ensure compliance with Iic�.I ri• la . ,;, e, - � j ) that are necessary to •7i 4 cor}te tax law and to otherwise implement the provisions o ec o 2 .f0 ,254 . :, h X380,Part III Florida t f-�'.2 ".-•�, ' .i Statutes; WHEREAS,Chapter $4,Part III,Fla. Stat., FIi. ..k-, unities Trust Act,creates a non-regulatory agency within> •,.,artment of Comm ,, ' ("Department")that will assist local governments in bringing '. • 90 : *fiance and imple• alb the conservation,recreation and open space,and coastal elements o .•fir i . ;:�•,. +- pl o in conserving natural resources and resolving land use conflicts by provi. •. d`a c al: - ance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c),FIa. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects,urban open spaces,parks and greenways to implement local comprehensive plans; WHEREAS,the Florida Forever Revenue Bonds are issued as tax-exempt bonds,meaning the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; DRC\06-043-FF6 6/6/2007 1 I OR: 4253 PG: 0714 WHEREAS,Rule 9K-7.009(1),Florida Administrative Code("F.A.C."),authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS,FCT has approved the terms under which the Project Site was acquired and the deed whereby the Recipient acquired title to the Project Site. The deed shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and it shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund("Trustees")upon the failure of the Recipient to use the Project Site acquired thereby for such purposes;and WHEREAS,the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the Recipient for Project Costs. NOW THEREFORE, in co•n d r t . if k' covenants and undertakings set forth herein, and other good and valu.:. b. I ideration, the :- it . d sufficiency of which is hereby acknowledged,FCT and the Rhi'' I t do hereby contract . 1 a - as follows: / :i�_______,r I. PERIOD OF AGR) E 11i „,„ f 1. This Agree ekt 6,h.11 1, 1 . . ,, .'ecuti n y jlwtl pparties. The covenants and k ..--'‘/) restrictions contained here�1 n with it e • of-.. ite d s i ind,and the benefit shall inure to,FCT and the Recipient an - respective succes,i d .•.: yo s. \\ /_ II. MODIFICATION OF MENT f 1. Either party may requ- : .:. . : . the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE COVENANTS 1. Upon execution by the parties hereto,the Recipient shall cause this Agreement to be recorded and filed in the official public records of Collier County,Florida,and in such manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees and charges incurred in connection therewith. 2. The Recipient and FCT agree that the State of Florida Department of Environmental DRC106-043-FF6 6/6/2007 2 OR: 4253 PG: 0715 Protection shall forward this Agreement to the Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax-exempt status of the Florida Forever Bonds is not jeopardized,FCT and the Recipient shall amend the Agreement accordingly. IV. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. Any such notice shall be deemed received on the date of delivery if by personal delivery or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee,FL 32399-2100 ATTN: P • : • -r I Recipient: If 1,_-,e ( A ' ,!1=. IF 2. In the event a ''".en -'resen ve or -,ao/is designated for paragraph 1. above after execution of this meat,notice of the . •de sill ~ie rendered to FCT as provided in paragraph 1. above. • V. PROJECT SITE TITL . 114.•• I POSED BY CHAPTER 259, CHAPTER 375 AND I ' 41:1 `• 1,FLA. STAT. 1. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee containing such covenants, clauses or other restrictions as are sufficient to protect the interest of the State of Florida. 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 3. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government,nonprofit environmental organization,the Florida Division ofForestry,the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water DRC\06-043-FF6 6/6/2007 3 OR: 4253 PG: 0716 Management District who agrees to accept title and manage the Project Site. • 4. In the event that the Project Site is damaged or destroyed or title to the Project Site,or any part thereof,is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain,the Recipient shall deposit with FCT any insurance proceeds or any condemnation award and shall promptly commence to rebuild,replace,repair or restore the Project Site in such manner as is consistent with the Agreement. FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding,repair,replacement or restoration of the Project Site after notice from FCT, FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing,FCT shall have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. VI. MANAGEMENT OF PRO "' 5' _' 004 T O 1. The Project Si c'.11 be managed only .r e conservation, protection and enhancement of natural and hjsto ' a esourc'es aa�ompa�tlble assive,natural resource-based public outdoor recreation, al ng with oth zeli` hd us ess ry 4r the accomplishment of this purpose. The proposed uses or a r t i e y: a designated in the Management Plan approved by FCT. ) C 2. The Recipient.` ' ensure that the fu and u gnation assigned to the Project Site is for a category dedic .. open space, co':.,-.L'. :P r outdoor recreation uses, as appropriate. If an amendment to e fa p , 'cable compreh- f is required,the amendment shall be proposed at the next compreh ' pis :4! -1• - available to the Recipient. C 3. The Recipient shall ensure,and provide evidence thereof to FCT,that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations,including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction,as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 4. The Recipient shall,through its agents and employees,prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 5. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 6. All buildings, structures, improvements and signs shall require the prior written DRC\06-043-FF6 6/6/2007 4 OR: 4253 PG: 0717 approval ofFCT as to purpose.Further,tree removal,other than non-native species,and major land alterations shall require the written approval ofFCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures,buildings, improvements,signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. If archaeological and historic sites are located on the Project Site,the Recipient shall comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 8. As required by Rule 9K-7.013,F.A.C.,each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Manna-gement Plan. VII. SPECIAL MANAGEME -C �. it to The Management Plan for the proj -•' site is mentioned thro o this Agreement, and is particularly described in Secti . ove. o the "o' s conditions already described in this Agreement,*hi? 1 t .21Y-sites -' .a 1 T funds,the Management Plan shall address the following .611 i E� a .f y e oject site and result from either representations made ` th a •h :h�n .a ived'- �ri r�g„p ints or observations mad by the FCT staff during the si a c'1cn, ` . „ 41(-* ...i9. made 1. Two or more resource E: �a outdoor recreati yc s including a canoe/kayak launch,picnic pavilions and trail -I . 1 it e provided. The . t s shall be developed in a manner that allows the general pub i. :4 ., i:: - ^ -- , ervation and appreciation of the environmental resources on the project s' z .? .-.a. T. a. , g harm to those resources. 2. Two or more user-oriented outdoor recreational facilities including playgrounds and ball fields shall be provided within 1,000 of the project site. Public walkways and pedestrian crossings shall be provided to allow for safe connection between the project site and user- oriented facilities within 1,000 feet of the project site. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. 3.A permanent recognition sign,a minimum size of 3'x 4', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and the Recipient. 4. Interpretive signage shall be provided to educate visitors about the natural environment of the project site. DRC\06-043-FF6 6/6/2007 s OR: 4253 PG: 0718 5.At least 12 regularly scheduled and ongoing educational classes or programs per year that promote the protection of environmental resources shall be provided at the project site. 6.A survey of the natural communities and plant species on the project site shall be conducted prior to the development of the project site. The survey shall be used during development of the site to ensure the protection,restoration,and preservation of the natural communities on the project site 7. The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 8.The project site shall be managed in a manner that will protect and enhance the listed and non-listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. 9. The location and design of an . .. ill& ., •t shall be designed to have minimal impacts on natural resources. The .. '•• 4 4.,:fi rate pervious materials wherever feasible. (O4%' �' 10. The quality of s ce a -.t. h. i • •- ed by e tallation of stormwater facilities on the project site at prtoyic sr& e : ' . .. • •pen space in a park like setting. The development of the stor f nw er fa if h s.. :! th the South Florida Water Management District. 1 rialt I 11.Any proposed sto er facility for the • � •ect�sit eel be designed to provide recreation open space or wildli •itat. 0. `J 12. A comprehensive lands : . g pv. : .i deiu •.•ed for the project site. The landscaping plan will make significant . • vt 1 13.An ongoing monitoring and control program for invasive vegetation including exotic (non-native)and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 14. A feral animal removal program shall be developed and implemented for the project site. 15.An archaeological survey shall be preformed for any area within the project site proposed for development prior to the commencement of proposed development activities in that DRC\06-043-FF6 6/6/2007 6 OR: 4253 PG: 0719 area. All planned activities involving known archaeological sites or identified site areas shall be closely coordinated with the Department of State,Division of Historical Resources in order to prevent the disturbance of significant sites. A protection plan shall be developed and implemented in conjunction with the Division of Historical Resources for the protection of known historic sites located on the project site. 16. Sidewalk access to the project site shall be provided that links the project site with adjacent residential neighborhoods. 17. Bike parking stands shall be installed at the project site to provide an alternative to automobile transportation to the project site. 18. The development and management of the project site shall be coordinated with the agencies managing the multi jurisdictional recreational trails in Collier County,to ensure the project site is managed as part of a linked trail system. 19. The project site shall be p • i . . ,_-. as part of an ecological corridor within the County's designated • ± i'.. • - re- VIII. OBLIGATIONS 0 ' T IPI_ENT tELA' IN TO THE USE OF BOND PROCEEDS 1. FCT is autho iz�( b Section 80. •1 a. t .t im ose conditions for funding on the Recipient in order to ens <E -t . 'rQ m es 40119� uirements for the use of Florida Forever Bond proceeds incl 1!.t` without limitatio_nhe p.ovi# of the Internal Revenue Code and the regulations promulga =:;�i�ereunder as the a to exempt bonds. 6 f� 2. The Recipient agr- t ,, :. .l owled:- • -!' .elow listed transactions,events,and circumstances, collectively referred . `.;sa iw.a i1 - activities,"may be disallowed on the Project Site as they may have negative lega consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site by a non-governmental person or organization; DRC\06-043-FF6 6/6/2007 7 OR: 4253 PG: 0720 c. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; d. any use of the Project Site by a non-governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non-governmental person or organization;or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after • • -0.11), • • , • e Recipient and/or the Trustees, is to remain subject to any of the disa.l� i- ivities rent shall provide notice to FCT, as provided for in paragraph III.1� o -, at least sixty (60 ' i e • . days in advance of any such transactions,events or circumsf an•- ;s-and-shall rovi FC uc 'nformation as FCT reasonably requests in order to evaluate fo/aplSrov th gal arf d tax ••nsequences of such disallowable activities. � , 4. In the event ,.t an 1 y- "j'w" a Recipient is engaging, or allowing others to engage, g sallowable activiti . on the ect Site, the Recipient shall immediately cease or cause the tion of the disallo• ;.,•1 'es upon receipt of written notice from FCT. In addition to all oth • and remedies at la • ' ` -•uity,FCT shall have the right to seek temporary and permanent inj .• • . . • .'I the ' 11 or any disallowable activities on the Project Site. ITE CI - DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES,NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. IX. RECORDKEEPING;AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles,to account for the receipt and expenditure DRC106-043-FF6 6/6/2007 8 OR: 4253 PG: 0721 of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable"shall be construed according to the circumstances,but ordinarily shall mean the normal business hours of 8:00 a.m.to 5:00 p.m.,local time,Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of$500,000 in any fiscal year of such Recipient,the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Fla.Stat.,the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities)or Chapter 10.650(nonprofit organizations),Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year,the Recipient shall consider all sources of State financial assistance,including State funds received from FCT,other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirement • •j�.Y - • ein,the Recipient shall ensure that the audit complies with the requirements o etii r' h 4 F Stat. This includes submission of a reporting package as defined • K'•,• ion 215.97(2) • . Stat. and Chapter 10.550 (local government entities)or 10.657(n•` •rofit organizations), • .les .1 the Auditor General. 3. If the Recipi t e- •a. . le t l,' ..te'lnancial assistance in its fiscal year, an audit conducted i ac •rare°�t p o i 4 o o Section 215.97, Fla. Stat. is not required. If the Recipient OF : t. h. - at Au•irl oitnduc din :ccardance with the provisions of Section 215.97,Fla. Stat., • t • "the ai • t muse pat; •o •�n-State funds(i.e.,the cost of such an audit must be paid L i , ecipient funds not f. -..' -d 1. r• a State entity). 4. The annual nan ' f a iil :1 report shall inc .I . I • anagement letters,the Recipient's response to all findings, includin: J. 2• -, . ii• . • - taken, and a schedule of financial assistance specifically identifying all • .. ...;- eC It*: other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs(at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 DRC\06-043-FF6 6/6/2007 9 • OR: 4253 PG: 0722 State of Florida Auditor General at the following address: Auditor General's Office Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32302-1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty(30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five years after the date of submission of the final expenditures report. However,if litigation or an audit has been initiated prior to the expiration of the five-year p- i,: Ir - r a • shall be retained until the litigation or audit findings have been resolved. .s c - 7. The Recipient . ave all audits complet in a cordance with Section 215.97, Fla. Stat. performed by an indep�nd, _ acco ("IPA")who shall either be a certified public accountant a?u c .-.. 1T a, pTa Chapter 473,Fla. Stat. The IPA shall state that the audit co i pli fiiuI..9 a p is : . i • a_ • noted above. L.� 1 X. DEFAULT; RE 1 '1� A •' ' I rf ) 1 1. If any essentia 0' or condition of :. �n of Restrictive Covenants is violated by the Recipient or by s• . I d party with the . 1,age of the Recipient,the Recipient shall be notified of the violation b tie . : : �v ersonal delivery, registered mail or registered expedited service. The reel. .�.f he .1l::ently commence to cure the violation or complete curing activities within thirty(30)days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty(30)days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty(120)days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities,FCT shall give the request due consideration. If the Recipient fails to correct the violation within either(a)the initial thirty(30)day time frame or(b)the time frame approved by FCT pursuant to the Recipient's request,fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government,nonprofit environmental organization,the Florida Division of Forestry,the Florida Fish DRC\06-043-FF6 6/6/2007 lo OR: 4253 PG: 0723 and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District,who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e),Fla. Stat. XI. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida,and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule,or is otherwise unenforceable,then such provision shall be deemed null and void to the extent of such conflict and shall be severable,but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder,or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. 3. The Recipient agrees . ��. =�..i' :` • - 'cans With Disabilities Act(Public Law 101-336, 42 U.S.C. Section i `� seq.), ° ' eq.), if app • hich prohibits discrimination by public and private entities o• E. ' •asis of disability t the areas of employment, public accommodations,transportati94,S•: o' ent s 'c:s, and in telecommunications. 7 4. A person or a li.� a 'ea n onc}icted vendor list following a conviction for a public entic e' .ro y e 5 is a ato n 1st may not sub -' ,.� ` ,�,,,, submit a bid o contract to provide an � `?`f=�� y on a P y goods • se •"-"t• : : • -- •qty, t*nnit a bid on a contract with a public entity for the constructi• 'its repair of a public b ding o� c work,may not submit lease bids on leases of real pro•- t . public entity, m. , •dt •: : ' arded or perform work as a contractor,supplier,subcontract• or••nsultant under a c. • • .4/With a public entity,and may not transact business with any public e . - 1 - •-. • • its 4 .s •gQ , wo for a period of 36 months from the date of being placed on the convict e discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement maybe used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement including Exhibit"A"embodies the entire agreement between the parties. DRC\06-043-FF6 6/6/2007 1 1 OR: 4253 PG: 0724 IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement. Witness: COLLIER COUNTY, a political subdivision of the e o on i01/ illp , 4 /! —`�g�1:.- - - --' By . ..__%_ t Name: „ . _ ,.+ ..7. , /0 4 ii — _!� Date: Ole/7 Print Nam-• /% ' ,,, , Ap o and Legal' By: Print ame: R -1--4J. c6,Q,icy STATE OF FLORIDA COUNTY OF COLLIER V,R CODA, The foregoing instrument 7 ' g g at:knowledged before m th i day of -To ti C. , 2007,by MAIM ?rt PT SO/ bK oii-behalfo. the Loc Government,and who is personally known to me. ` l j \ 1 �� F t �,. 1 Q .1 6 i L Pe■JTE p• t Nmme• ff'(J LEE A '73_,e_. o-LI'iSS47 0. My 6.1111 ssion Expires: ' e:= MY COI/AISSION 0 DD 634060 ;G-t;, EXPIRES:May 26,2011 DRC\06-043-FF6 6/6/2007 12 s,< OR: 4253 PG: 0725 Witness: FLORID. COMM S TRUST — r — By: 411P4 ■4111 Name: 'Z % 5,• Jan' e B,1 caning, Vector, b vision of Ho sin!. and Community D. elopment AO/ / / 2-f q A.& Date: / d ' - Name! trg J ' ,: -� Appmv5105,th F rm and Legality: Kristen L. Coons,Trust Counsel STATE OF FLORIDA COUNTY OF LEON x r The foregoing instrument was o ledged befo - I-e ` day of , 2007,by Janice Browning,D,irec�C ,Division of Housing .. d immunity Dev opment. She is personally known to me. / —41 (I71 '7 Tik /} dr/ T_ ` / .1�. ��� PY LE k "�' � TerB `t�` M ; �pi ssionaspirg,� +Q.•t` --'� = .igoo,•, 9' 2495 „;*:FS: U Mo 1% -1C:�`',ATE`011 DRC106-043-FF6 6/6/2007 13 • EXHIBIT'A" ** OR. 1 253 PG: 0726 *** DESCRIPTION All of Lot 97 of Naples Improvement Company's Little Farms, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plot Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except the following Access Easement The East 60 feet of that port of Lot 97 of Naples Improvement Company's Little Forms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2. in the Public Records of Collier County, lying south of Golden Gate Parkway and within Section 27, Township 49 South. Range 25 East, Collier County, Florida; And North 120 feet of the East 120 feet of Section 34, Township 49 South, Range 25 East, Collier County. Florida; being and lying within Lot 97 of Naples Improvement Company's Little Farms Subdivision, according to the plot thereof recorded in Plot Book 2, Page 2, in the Public Records of Collier County, Florida. Together with: The South 311.25 feet of Lot 3 of Naples Improvement Company's Little Farms, according to the plat thereof recorded in Plot Book 2. at Page 2. Public Records of Collier County, Florida. Less and Except That part of Lot 3 of Naples Improvement Company - bdivision as per plat thereof recorded in plat Book 2, Page 2, Public Rest) , •• ern , Florida. Lying "r Easterly and Southerly of the following describei�e, V(�tt. Commencing at a concrete monument at the ' 1i 1/4 corner of Secti 27, Township 49 South, Range 25 East, Collier County, Florid ;( 1 Thence along the South line of said Nort 89' 6'QS .st 753.941tC:i\o point Th ce South 00'21'55" East 334.85 feet to a concret monument on jhe�outh line of d Lot #3 and the Point of beginning of the described ine;lli • o I c • h land\the Westerly boundary of the herein describe) pd No h if r 1 (st `1 /15 t feet! to concrete monument at the Northwest cote r _of• •e •eoi el; ,ente ¢ said described fine and the Northerly bounds of s• •es •� p©1eNort :^3'' East 729.90 feet to a concrete monument; Th ncg continue North 89'3: P5" E•st .0(t feet more or less to the Easterly boundary of L'`'oin_$, NAPLES IMPROVEMs• _CI'S FARMS and the Point of Ending of said described \ - And A portion of :Lot 6. Naples Improvement Company -i I f.,rrfs;-.1-cc to the plat thereof recorded in Plat Book 2, at Page 2. Public R • • o 1' County, Florida. Being more particularly described as follows: Beginning at the Northwest corner of said Lot 6, run South along the West line of said Lot 6 for 60 feet; thence run East parallel with the North lot line of said Lot 6 for 983 feet; thence run South parallel with and 50 feet (measured to right angles) North of the South line of said Lot 6; thence run East parallel with said South line for 717 feet, more or less, to the waters of Gordon River Canal; thence run Northeasterly for 280 feet, more or less, along the waters of said Canal to the North line of said Lot 6; thence run West along the said North line of Lot 6 for 1,697 feet, more or less, to the point of beginning. Less and Except The Westerly 20 feet of Lot 6, Naples Improvement Company's Little Farms, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. As Described in Official Records Book 66, page 432 of the Public Records of Cnll;nr r'n.,n}.r rinr;rin DRC\06-043-FF6 ,:. 6/6/2007 14 p BAYSHORE n GATEWAY TRIANGLE j r COMMUNITY REDEVELOPMENT AGENCY BAYSHORE/GATEWAY TRIANGLE CRA GROWTH MANAGEMENT PLAN AMENDMENT TABLE OF CONTENTS A. AMENDMENT SUMMARY B. EXHIBITS A. Design Standards LDC B. Mixed Use Potential Area C. Resolution 2000-82 D. Communication/Letters E. CCPC Minutes C. FUTURE LAND USE MAP 4069 Bayshore Drive • Naples, Florida 34112 P: (239)643-1115 • F: (239)775-4456 www.colliercra.com 1 1/ )( 1) { Growth Management Plan Amendment Bayshore/Gateway Triangle Redevelopment Overlay GEOGRAPHIC LOCATION: The Bayshore/Gateway Triangle Redevelopment area comprises of two separate communities es and is located on the southeastern edge of the City of Naples and part of the larger East Naples Planning Community. The Gateway Triangle contains approximately by three major arterial roadways — US-41/Tamiami Trail, SR 84/Davis Boulevard and CR- 31/Airport Pulling Road - and received its "gateway" name from its relationship to these important County and regional thoroughfares. The Bayshore area contains approximately 1,448 acres and extends south of Tamiami Trail as a large rectangular area that is accessed primarily by and extends to the east and west of Bayshore Drive. These communities are adjacent to each other, but divided by US 41, a six-lane divided highway. The following maps illustrate the zoning and redevelopment area boundaries. .•1 - 1.1 1111 101 I tat 101 I 101 ' w1 1 __.. gam'wag �r t a 1*4 axe i �F (r ter... _� .,...- / ' - ' li��.11 ',:2— rt��. zq^;senirmu+n'v= .-. € i� I 'I 7/� 1 s 1 1Pf'z -, 1r'd �F�_ P ...... 1_,_______----- , :;...-:::.] l -\ ri ,t? -. yr I � ( 1.. .z• cam, rm1u. o ) gin z, -.‘,-- 1, . 4 ,t .4.! , , ,,...,„ .. .., E.._ ......_ „_ ,.. „, , , „ _ : . , ..,, ,, ---7--- . }_, \) �- J 1.1 1.1 101 .01 I 101 .a 1n1 u1 1 1 1 1 L.____ ( Bayshore/Gateway Overlay Zoning Map Future Land Use Map C 1 REQUESTED ACTION: 1. Amend the Bayshore/Gateway Triangle Redevelopment Overlay to delete specific erlay development standards that are now contained D strictsh Section 4 02.16 and 4.02x35 of and Gateway Triangle Mixed Use Overlay add a provision to expand mixed use the Land Development Code (Exhibit A), potential to parcels on the north side of Davis Boulevard (SR84) (Location Map Exhibit B) and Activity Center #16, add text to permit additional means for distribution and utilization of the residential density pool through a defined PUD process. 2. Amend the following Policies and d Provisions to the Bayshore/Gateway clarify Triangle cross reference the proposed amendment Redevelopment Overlay pertaining to the residential density pool: a. FLUE Policy 5.1 b. Density Rating System c. Mixed Use Activity Center Subdistrict. 3. No map changes are being proposed. BACKGROUND AND INFORMATION On March 14, 2000, the Collier County Board of County Commissioners determined that the Bayashore/Gateway Triangle area ofevelo ment could merited alter bhe ntegati�e imagetobthe areaeand by which economic and physical red p ion generate conditions to commensurate and compliment its RedevebopmenttAgenyeanldtthe 2000-82 (Exhibit C) was adopted establishing the Bayshore/ Gateway Redevelopment Plan was adopted on June 13, 2000. Since adoption of the 2000 RedevelopmePla Plan much eetscapeg provements,pstormwateb and realized within the redevelopment area including: infrastructure improvements, pedestrian pathways, crime reduction, façade improvements and of a the opening of the Botanical Gardens, creation ultural act vities and nAadd�onrl the CRA has rezoning seen catalyst site to accommodate and facilitate many new businesses come to the area as a result of grants and incentive programs. To solidify development and redevelopment CRp,ann2000 efforts E tens numerous outreach and contracted since the establishment opportunities. Through implementation public involvement was spearheaded to identify areas of opp of the Land Development Code, Growth Management Plan and public input it has become apparent there is a need to amend the Bayshore/Gateway t esy within the mares O This verlay proposed facilitate development and redevelopment opp tun amendment seeks to provide for additional means to utilize an underutilized incentive afforded to the agency known as the density bonus pool. The density bonus pool consists of a maximum n f 388 density bonus pool 1 coerespondstlw thdthe the Overlay for density bonuses. The 388 dwelling number of dwelling units previously entitled Gardens. botanical garden's sites prior to their rezone in 2003 to establish the Naples Botanical 2 the The GMP currently limits the use of density ed there are other areas pw th nt the within Ove lay Overlay. Through public input the CRA has realized that are suitable to receive density boon reunits. dehnsity areas unittargeted have identified in this for amendment that would be eligible to their and/or redevelopment by t prospective these es dirminished due diligence phase. Unfortunately, interest when potential investors realized the did viable not able by the prospective density developer or individual result, the proposed projects were de emed and remain as is. The limited means of distribution of the density bonus units have resulted in a lack of utilization and some instances diminished the appeal of prospective redevelopment sites with the redevelopment area (see communications Exhibit Davis Boulevard (SR84) and Activity Center mixed use potential to parcels on the north side o f Dav #16, and add text to permit additional means for distribution and utilization of the residential density pool through a defined PUD process. This is amendment does not seek to Triangle total number of merely allow for different means of allowed within the Bayshore/Gateway g opportunity and utilization of the density distribution of the dwelling units, affording increased opp Y Density Activity Pool, dwelling units. The proposed nCe teSSubdi Subdistrict for cDlaritytpuBrp ses and provide Rating System and Mixed Use Y cross reference to the density bonus pool and its relationship to the Bayshore/Gateway Triangle Redevelopment Overlay. PROPOSED CHANGES Future Land Use Element Text 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: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial-zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Overlay. Element and as provided for in the Bayshore/Gateway Triangle 3 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. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the the Bayshore/Gateway Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. *** *** *** text break *** *** *** B. DENSITY RATING SYSTEM: *** *** *** text break *** *** *** 1. The Density Rating System is applied in the following manner: *** *** *** text break *** *** *** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1)Policy 5.1 of the Future Land Use Element. 2)The Urban Mixed Use District for the "vested" Port of the Islands development. 3)The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bayshore/Gateway Triangle Redevelopment Overlay 2. Density Bonuses *** *** *** text break *** *** *** 4 1. Mixed Use Activity Center Subdistrict *** *** text break *** *** *** For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed-use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling Overlayplf such a project is located d with n the Bayshore/Gateway Triangle Redevelopment boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: *** *** text break *** *** *** *** F. Bayshore/Gateway Triangle Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment 5 is to encourage the revitalization of the Bayshore/atewatoTriangl this evelop area. t program Area by providing incentives that will encourage the private This Overlay allows for additional neighborhood commercial v uses and higwe her r r sidentialowners, densities that will promote the assembly of property,ie s and neighborhoods. The intent of this while providing interconnections between prop Overlay is to allow for more intense development in an urban area where ed into the Collier County available. Two zoning overlays have been provisions Land Development Code to aid in the implementation of this Overlay. The following p and restrictions apply to this Overlay: 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited {o motion hi C-3 zoning district uses; hotel/motel use; theatrical producers (except pr ) bands, orchestras, and applicable FLUE Policies. Mixed-use projects entertainers; and, uses as may be allowed by app rovide access (vehicular, pedestrian, will be pedestrian oriented and are encouraged to p pedestrian use pedestrian, of the bicycle) to nearby residential areas. The intent is to encourage pe st access these commercial area and to provide opportunity for nearby commercial uses without traveling onto major roadways. Paskin faedities are retethe major to be locatedomt etraditionfalhurbanllde elopment.the roadway to p o 2. Residential uses are allowed within this Overlay. Permitted di e density y shall be esd except ermined through application of the Density Rating System, poverlay. provided below and except as may be limited by a zoning . Non-residential/non-commercial uses allowe within and water-related uses; child care this Overlay include essential services; parks, recreation and open space uses; water-dependent centers; community facility uses; safety service facilities; and utility and communication facilities. with access to US-41 East and/or Ba shore density of 12 Davis residential ardts per 4. Properties 84) and/or Airport-Pullina Road are allowed a maximum acre. In order to be eligible for this higher density, the project must be integrated into a tified in Paragraph #8, below, except for mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards id on mixed use projects developed within the "mini tMap. TheeCmine tr•angle'tifpeoject the Bayshore/Gateway Triangle Redevelopm ent Overlay r acre as site is eligible for the maximum density of 12 units p t zon in,g overdlayeadopted Febrduays28, contained in the Gateway Triangle Mixed Use Dist 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63), and ?spa be_amende . For projects that do not comply with the requirements for this density v _ y Rating applicable increase, their density is limited to that allowed by the Densit Ratin System and app FLUE Policies, except as may be limited by a future zoning overlay. --• _ _ - - - 6 5. Properties having frontage on one or more of Ba shore Drive denial-on Boulevard•rd 'ecir o a Pullin• Road or US 41 East are allowed to d e maximum densit of 8 residential units •er acre. In order to be eligible for this higher densit the develo•ment must com•I with the following: a. Project must be in the form of a PUD. b Project site must com•rise a minimum of three acres. rease their c. For •ro•ects that do not cam.' with stemdandltaglglicable FLUE densit is limited to that allowed Policies. land uses will 6. For parcels currently within d ththe Mixed Use Activity Use Subdistrict,#except residential continue to be governed by densit ma also be increased as •r shoee shore gMixed Use Overla In Disth ct ins ort Gatewa develo•ment standards of the Ba Triangle Mixed Use Overla District in the Collier Count Land Develo•ment Code whichever is a••licable shall a••I to all new develo•ment. _ _ • 7. Existing stin zoning districts for some properties within the Bayshore/Gateway Triangle ge Redevelopment Overlay allow uses, densities and development standards inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop hich may limit c such existing flies zoning until such time as a zoning overlay is adopted and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs #4 and #5 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the Wig-design standards of the Ba shore Drive Mixed Use Overlay District or Gatewa Triangle Mixed Use Overla District in the Collier Count Land Develo•ment Code whichever is applicable. - _ _ .. _ e"- e stories only. 7 f. Each building containing commercial uses only is limited to a maximum building 9. For density bonuses provided for in paragraphs #4 and #5 above, base density shall be as per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. 9-:10. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However, for properties within the Coastal High Hazard Area (CHHA), only the affordable-workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 10. 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 above, for that portion of the Overlay lying within the CHHA only. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The"mini triangle" catalyst project is not subject to this density bonus pool. 1-1-: 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. 8 1J " A EXHIBIT "A 4.02.i 6 - Design Standards f•r Devel.SPment in the BMUD—Neighborhood C•mmerCial Subdistrict A. Dimensional Standards. Table 11.Design Standards for the BMUD Neighborhood Commercial Subdistrict. Site Development Standards Front yard setback 5 5 feet to any new buildings in the C-1 through C-3 zoning 1. The front set back shall also apply districts which underlay the BMUD Neighborhood Commercial S and i 5 ric . 2. Properties developed in conformance with underlying C-4 classifications are restricted to building setbacks per section 4.02_01 A. Table 2.1. Side yards—abutting residential Side yards—All other Rear yard 20 feet Waterfront74 Building Standards Building Design the intersecting east west streets with Bayshore Dr. shall h ave e the same facades arrcc facing have design treatment as the building facade facing Bayshore Drive. 2. Buildings containing commercial rofi the lot may be used 'ior parking have a minimum depth of 35 feet. The remaining depth e A building with commercial use only is limited to a maximum building foot print of Maximum square footage 20,000 square feet. Minimum floor area 700 square foot gross floor area for each unit, residential or commercial Commercial use only: 42 feet, not to exceed 3 stories Maximum height of buildings. Residential use only: 42 feet, not to exceed 3 stories Maximum height of buildings. l on to 56 feet, not to exceed 4 stories. Only the first two floors shall be used for commercia Mixed-use: Residential p l of commercial uses. uses. Maximum height of buildings. 56 feet, not to exceed 4 stories Hotel/motel properties developed in conformance with underlying Maximum height of buildings. The maximum building height of prop conformance ante 1 with A. under 2. C-4 and C-5 zoning classifications shall be as required by The first floor ceiling shall be no less than ceiling and shall no more eh than 18 feet finial height uses Ceiling height from the finished floor to the finished g only. Maximum residential density 12 units per acre for mixed use projects. 1 EXHIBIT "A" 4.02.35 - Design Standards for ®ev,el•pment in the G i MU®-Mixed Use Subdistrict(MX®) ,,: A. Dimensional Standards. Table 1.Design Standards for the GTMUD Mixed Use Subdistrict Road Site development standards for Mixed Use Projects on Davis Boulevard (south side), US Hwy 41, Airport-Pulling and Commercial Drive measured from back of curb into front yard, which includes existing sidewalk area. Front streescape zone for 16 feet e zone shall begin a new construction the front streetscap Figure 1 1. If no curb exists, as on CommercialDDr Drive, line into the etscapewoy. See GTMUD fig minimum of 6.5 feet from the front property e zone shall also apply to any new buildings or structures in the C- 2. The front streetscap the GTMUD Mixed Use Subdistrict. 1 through C-3 Zoning Districts which underlay " �n C-4 and C-5 zoning 3. Properties per section 4.0?•01 A. Table 2.1. erties developed in conformance with the underlying classifications are restricted torn building into the setbacks per sec zone but no more than 3 feet. IIIIIIINNINIM 4. Steps and or ramps may encroach yard set back Sixteen feet measured from back of curb.f 6.5 feet from the front property line into the If no curb exists ists as on Commercial Drive the front yard set back shall be a minimum property. new buildings in the C 1 through C 3 1• The front yard setback shall also apply to any zoning districts which underlay the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underly in g C-4 and C-5 zoning e restricted to building setbacks per section 4 1 A. Table 2.1. 3.classifications are A minimum 10-foot step-back from the front facade on the first and second stories is required at the third story and above. Site Development Standards for mixed use projects for other streets 10 feet new buildings in the C-1 through C-3 zoning Front setback apply to any 1. The front setback shall also Mixed Use Subdistrict. districts which underlay y C-4 and C-5 zoning setbacks per section 4.02.01 A. Table 2.1. 2. Properties developed in conformance with the underl Ong IIIIIIIIIIclassifications are restricted to building 3. A minimum 10 feet step-back from the front facade is required at the third floor and above. Side Yards—Abutting 10 feet residential Side yards—All other 10 feet minimum Rear yard Waterfront'$ 25 feet setback 1 7. 18 Outdoors seating areas, canal walkway, water management facilities, and landscaping area may be located y, within the required setback. , EXHIBIT "A" Dimensional standards: Minimum floor area 700 square foot gross floor area for each unit, residential and commercial. Minimum building separation 10 feet Minimum lot area 80,000 square feet Minimum lot width 400 feet footprint of footprint defined by building it East, Davis Boulevard in A building with commercial use only is limited to a maximum bui 'ng Building p 20,000 square feet, except in the"Mini Triangle", and Commercial Drive, where the maximum limit is 30,000 square feet Maximum height 42 feet, not to exceed 3 stories Commercial use only: Maximum height of buildings 42 feet, not to exceed 3 stories Residential use only: Maximum height of 56 feet, not to exceed 4 stories. buildings. Mixed-use: Residential on top of commercial uses. 56 feet, not to exceed 4 stories Maximum height of ,uildings. Hotel/motel 112 feet, not to exceed 8 stories. "Mini Triangle" Mixed Use Project. Maximum height of buildings Maximum height ®f The maximum building height of properties developed in conformance with underlying C buildings. section 4.02.01 A. Table 2. 4 and C-5 zoning classifications shall be as required by ---- Mixed use building uses Only first two floors can be used for commercial uses. The first floor ceiling shall be no less than 12 and shall no o limited than 18 feet ini hleight uses Ceiling height from the finished floor to the finished ceiling only. "Mini Triangle," defined by US 41 1. For a mixed use project, 12 units p er acre in the units are not deducted Maximum density East, Davis Boulevard and Commercial Drive. These bonus density from the Bonus Density Pool. 2. For a mixed use project, 12 units per acre to include all areas of the Mixed Use Subdistrict except: • North side of Davis Boulevard 111111 • East side of Airport-Pulling Road a rezoning For these excepted areas, three units per acre, or as may be allowed by pursuant to the Future Land Use Element. per the underlying 3. Residential only projects (not part of a mixed use development),to th Future the eand underlying zoning district, or as may be allowed by a rezoning pursuant Element. 3 EXHIBIT "B" . T) 7piw it ■ ■nnnml � v..-44tt111111CZii1 zraii viii purism RMF-e �IE�•��R�wF1�1�■ �_ iuu , .j[[� 0 jigs�a i tiii>riil T t � r'iat, ga 1`311 , • .411111, i■._, r• '—1,,I I t ya?t a ! t@' 1 :ilt€t 4[ ija .1454...1141:` c¢+a u.r �1� 4 p y itii111N 11th N ■ l� t1 ¢ ffSGrf llf i' xar.a awe 3 Y ■ airy )€fitg 13t li �Ft i,s t kq a.,.aeraa IrNIfIlnflltllfV „y�, r 1111 1 ■ t. er 1 a)i s - 1 ,p=1i—mini1i111n111==N1■11111110 Napta l I - wit � =lilil IIIIIit1111I1=mom`t `, + .a .1� II�1��n11Nnl.lnnt® ,z' ,.�caa,.ln ''i"�� ' "� � iU1NINi116NE1 i,� iii €1';i 6r �i .r, 11 �1�� 1 1 _ s .. z >E . �� � r��s 18NNN � 11 a �e t t 1 !111 1,_k�S' F NNINN v# N no n k 1 1 1 L11:.1_;lit . ?> � kI1MiN a,® ►«� • _1X11,_it M�i.` � ILEI �I 1.74,,, I_Hi i III ,_ 14V,iILriz —_ =o== i� 111∎ii�1I' er,`4' X1 1 II LlgLa i,L:„,,,., ,, 1111111 Illli l t- t--„ 1a ic-a'''',1& 474°W, -� IIIIIII Mil Mill .11111!4.1NN t �za - NIYI1 �w t S atz z�F t,;.,a.��L a1 ■ X11 �r 47.= 1hF 6��w \```'- RMF-1fi EMI Mill 1 `_a I II iiit a 7, ` "\ Alp W i.URLNNIIlI111NNNIN i $ `ice t% s��a\�© i al 1 p,,,,,i-o-mN, 2 'AVIII'lli 4 151Pn...p,f4- -A 1 .....0.<1.: ',.1 # 4,.:. k '-'', liintill Els F.E fri Earle fr �r 1 ILT_Im�7 Ir.Ja,f ;r 1 i£1n1 1 1w r ♦war �,a .1,,,,-- ,,-„,,:f,-:-.,1� " r� Iln lnnnnntll inunnmum111111 ttlltllllllllll,_1111 � <,,/a /4' �.l,iid'1 I��t-7� F ln,I 1111" Im � t t:r, v WIl l � Hu n"i�� i (II ill lin /Iml 11, ► Zn Itglk Bayshore Mixed Use District Overlay ■ t ���/ APZ Accessory Parking Zone 4^ T' —BMuo NC Neighborhood Commercial Subdisbicl Ir.���I�Nllwe((CS-�� -L 7..G ra_ Bh1U0.W Waterfront Subdistrkt ,. -1►iNiNN 11 I BM1N0.RI Residential SubdisaktI Ii •111111I11I 11, X1111® e Ixl BMUo-RZ Residentiai svbdsaka z Ibe MII)!:'il' I:: L(V R•111 p BM11UD-R3 ResidenUal SUbdtsViU3 E1 BMU0.R4 Residential SubdisWct4 11 I1e1 / g (xxx) Under Lyn92o.41 i 'imp�` NINIIIIIININIf111N{ Galewav Triangle Mixed Use District Ovedav 11L1L•MIL1101111L 1 1 GTAtuo-"lxo Mad Use svbdi;01 ct ; . 1-1 GTltU0.R ResWenllal Subdistrict ) iii2,^ • —_ (xxx) Underlying Zonln9 I ' ` ® Mlni Trian9ie e BMU.7, "R NI1111 11111llf 111 1 11111 MNNINIIIINIIIINIII€ ® Activity Center 16 NNNINM.1111 ONaF —iIIIIINNI111' ) ":fa" . CRA Boundary /l ":fa" Overlay Boundary :116111111nn mintu aU0 'IIIIIIIIIIIUI11IIIII'III " -iIIIIIIIIIIIIIIIIIIIIIII -..:Illlf5„ ll111111111 1111111i,ri17111il111111 Km �_1NUwiuwnumul Mixed Use Potential ,.a oa., Fn11I111I1ntru nn- ,7-7 1, 1 4,-;,*.r.,:� )* I' ,ii -,,,s. IIIIIIIIIIIIIIII — a : �e NA EXHIBIT - 12 C 1 RESOLUTION NO.2000-82 A RESOLUTION OF THE BOARD OF COUNTY • COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT; MAKING FINDINGS; FINDING BLIGHTED AREAS CONSERVATION COUNTY; FINDING THE REHABILITATION, OR PUBLIC INTEREST; FINDING A SPECIFIED NECESSARY TO BE THE PUBLIC OTHER A BLIGHTED AREA AND A COMMUNITY REDEVELOPMENT AREA;AREA; PROVIDING FOR RESOLUTIONS AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has received and considered a report and presentation by County staff and consultant which identified in the areas identified,described and conditions within the boundaries of Collier County depicted on Exhibit"A" attached hereto and made a p art of this resolution (the"Area'); and WHEREAS,after having considered the determinations and the facts and evidence of conditions in the Area and has received and to it,the Board of County evidence of the conditions in the Area as have been presented powers Commissioners desires to proceed in accordance with the h the necessary means by granted by Part III, Chapter 163, Florida Statutes,to establish redevelopment can be accomplished in the Area and that certain actions are appropriate and necessary and should be taken to address the conditions now present and expected to be present in the Area; NOW THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AS FOLLOWS: Section 1• Fin mas, The Board of County Commissioners does hereby find: (a) Based upon the facts and evidence presented to and considered by the Board of County Commissioners,the following conditions exist in the Area: 1. Conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the � z C 1 Area,and present conditions and uses in the Area are detrimental to the public health, safety,morals and public welfare;and 2. There is a predominance of inadequate or defective street layout; and 3. There is faulty and inadequate lot layout in relation to size, adequacy,accessibility,or usefulness;and 4. There are unsanitary conditions as such relates to the conditions of the sanitary system and there are unpaved and deteriorating roadways resulting in unsafe public conditions;and 5. There has been a deterioration of site and other improvements; and 6. There is a diversity of ownership or defective or unusual conditions of title,which prevent the free alienability of land. (b) The notices required by Section 163.346, Florida Statutes (1999), have been timely published or mailed in accordance with said statute. (c) Action must be taken immediately to prevent further blight and deterioration and to protect and enhance public expenditures previously made in the Area. Section 2. 's.'n• • - - .4. The Board of County Commissioners, based upon evidence presented to it and in the public record, does hereby find that one or more "blighted areas"(as defined in Section 163.340(8), Florida Statutes), exist within Collier County, Florida, and, further finds that the rehabilitation, conservation or redevelopment, or a combination thereof, of such area or areas described is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida. Section 3. •nu I.% 17-•- - ••, - a Based upon the facts presented to it and contained in the public record,the Board of County Commissioners does hereby find the Area(as hereinbefore defined)is a"blighted area"(as that term is defined in Section 163.340(8), Florida Statutes (1999),and that such area constitutes a 1a C " redevelopment area" as defined in Section 9633/0(10), Florida Statutes community (1999). All resolutions and parts of resolutions in • Section 4. � re Baled, provided, conflict with any of the provisions of this resolution are hereby p amend lied to affect,repeal,alter, however,nothing herein is intended nor should be app Commissioners ted by the Board of County or supersede any previous resolutions adoP area"for purposes finding any other area or areas within Collier County to be a"blighted of the Community Redevelopment Act. S If any section or portion of a section of this Section 5. e r ing any part of the exhibit, proves to be invalid, unlawful, or resolution, includ air the validity,force,or effect of unconstitutional,it shall not be held to invalidate Should either area constituting part of the any other section or part of this resolution. Area or part thereof shall be severed from the Area and the remainder shall constitute the Area for purposes of this resolultion. t'v This resolution shall become Section 6. effective immediately upon its passage and adoption. Section 7. day This Resolution adopted after motion,second and majority vote this of IZI.JLS-,2000. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER Co (}WIGHT e•BROCK.CLERK L BY: _ CONSTA 6 E,C RIGIA signtature'0 ijt• APPROVED AS TO FORM AND LEGAL SUFFICIENCY - David C.Weigel County Attorney la C 1 EXHIBIT A BAY$HOREtGATEIIV pY TRIANGLE REDEVELOPMENT AREA DESCRIPTION THE E ' S427',E200',N270 ,ETOTH SW CNR SECT 2, IDE 50, RNG 25, N THE S',E 662', 0, SUNSET N BLK SUB, ROCK CREEK BEG S DRIVE, S TO THE SW CNR OF LO��0, SUNSET SUB,E TO THE E RIW LINE OF BROOKSIDE DRf .�Wp 50,RNG 25,E 670', S 773', W 92', E TO THE NW CRN CNR OF LOT 6,SUNSET SUB,LOT S 10, , 2 523', 9N', SE OF LOT 10, BLK B,ROCK CREEK PARK, E TO THE E SECT SE PARK, N TO THE NW CNR S TO THE NW CNR OF SECT LINE U.S.41, SECT '. 73 50, RNG 25, SWLY TO THE SWLY 4WL LINE ',OF ' NWLY 52 , ' SWLY 481 , ' S1174, S 200',730'TO W 2 N L 990', E 460 ' S 330',CONT SWLY ALG TOE SWLY LY R RIW LINE U.S.41, LY R/W LINE OF U.S.41 TO ITS INTERSECT WITH THE TO THE W P.M NWLY ALG YHE SW N 1355,W T W BAYSHORE DRIVE,TO THE N RAW LINE OF WEEKS AVE, LINE LINE OF PINE STREET,N TO THE SE CNR OF LOT 2,BLK ALG INOMAH SUB,,W 100',N TO THE H N RG OF AVE TO THE AVE,CONT OT 2, AND C,INOMAH S SUB, TO T THE W G 25 WASHINGTON AVE TO THE SW CNR OF LOT 2,BLK C,I�NOMA. SUB,W TQ THE W R LINE OF SET 11, ST,5 ,TO RNG NE CNR TO H COW LEE LINE OF SECTI1,YWp50, RNG 25, N TQ THE SW SECT CNR OF SECT 2,TWP 50, R AND THE PUB. AND • CREWS 50, RNG 25, N ALG THE E SECT TO LINES THE SOB CNR LOT AND 14,BEG SE CNR SECT T 2E, CNR LINE OF U.S. CREWS NWLY N RNG THE TO E'O CHA HALDEMAN TUP CREEK, RNG H ITT YHE W RIW LINE OF THE S LINE OF HALDEMAN pS �TSEOCY W SWLY RNU 1355,W TO THE W SUB, N TO LINE OF U.S. 41 T ALG THE SWLY REN LINE OF WEEKS AVE,W 761',SHORE DRIVE, S TO THE N R1W LINE OF MANGROVE STREET,W TO THE NW BAY S TO THE S RNU RNV LINE OF BLK F. ALD STREET, S TO THE N LINE OF HALDEMAN CREEK,H THE W SECT LINE OF RIVER CNR LOT 14, BLK LINE��N�LpEMAN CREEK TO ITS 1 SECT 23,TWP 50, SWLY ALG THE ALG THE W SECT LINE OF SECT CNR OF 3,TWP 50, RNG 25, TO p50, RNGCTSA SECT 14,SW OF SECT 23,TWP 50, RNG 25, E TO THE S TO THE SW CNR RNG 25 AND THE POB. 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I I October 11,2007 I i David Weeks,AICP Planning Manager i Growth Management Plan Services Team Collier County Government Development Services Center 2800 North Horseshoe Drive Naples,FL 34104 RE: McKay r •Folio Numbers McKay P>t Property, 61842240009,and 82641240001 Gateway Mixed Use Overlay District Dear Mr.Weeks: am sending you this letter pursuant to our discussion e laically the property the owned by I and more 1 Mixed Use Overlay District(GTNIUD), Dan McKay,which falls within Activity Center#16. , If you recall,based on your preliminary assessment of the Mixed Use Activity Center If�ou 1 e you opined that the McKay Subdistrict section of thelGo pl Management maximum density lof r GMPits per acre if developed as a property might be limit mixed-use development. The language pertaining to mixed-use developments is provided below. Ml m ase developments s—whether consisting of residential units located above commercial uses,in an attached building1torCenters freestanding ensity for sticlga project are is allowed and encouraged within Mixed Use Activity calculated based on gross project acreage within se Activity Center iwhich is not within is located within the boundaries of a Mixed the Urban Residential Fringe Subdistrict and isi tnot withi the f soar al High t is and Area,the eligible density is sixteen dwelling u 1 1 located within the boundaries of the Mixed Use theiCoastal IIightHazarcl Area,the �� Urban Residential Fringe Subdistrict but is within eligible density shall be limited to four dwelling units per acres. If such a project..... 6 Upon close review of the Mixed Use Activity Center Subdistrict,we concur that the 1 language included above does indicate a xis contrary�r11to3the GTMUD intent(and in However, we respectfully submit that this language 1 Y Planning•Visualization•Civil Engineering•Surveying•Mapping 1542 Carson Street,Fort Myers,Florida 33901.(2'4)271-5224,(ax:(239)278.5419 wwW.consult•nta.com , I i \ II . I .1 RWANc. II We believe that the density limitation may I with the specific GMP language relative o the allowable density in the conflict w colic intent. GTMUD),and thus the Board's policy I It from a scriveners error or is the unintended consequence of conflicting either result i '� language in the Growth Management Plan. In order to fully asses this density issue,two sections of the Growth Management Plan I •efiill reviewed: the Bayshore/Gateway Triangle Redevelopment i} Center 1y, and be car Y and the Urban Conv11ercial District,which includes Subdistrict. Triangle Redevelopment Overlay section nd of the commercial l The Bayshore/Gateway states that the intent of this overlay is to allow higher densities ,I uses to promote redevelopment of the area. I program is to encourage the revitalization of the � "The intent of the redevelopment pr°°g royiding incentives that will Bayshore/Gateway Triangle Redevelopment Area by �1 the private sector to invest in this urban area.ra residential Overlay dr ties allows st will additional 1 aciclitional neighborhood commercial uses and higher assembly of commercial uses and higher residential densities nerst while promote the ass Y joint ventures bet property promote the assembly of property,or j properties and neighborhoods. The intent of this providing interconnections between prop Overlay is to allow for more intense development in an urban area where urban Ov Y services are available." Sections 4 and 5 of this overlay further go on to say that properties per acre access the project is and Bayshore Drive are allowed a nmaximum f ce density 12 as are High Hazard axed-use project and if certain performance i 1 criteria ale met. It must be developed tthat as a o noted that all properties with access to Bayshore Drive are i in the Urban Coastal Fringe Subdistrict and oMt e3`e its Sec ss e U5-41, Area and wdh matiimltm density of 12 units per acre. Additionally, 1 1 avian the texception em io n of the Collier County Government Center,are within the of these IA and many of them are also within the Urban Coastal Fringe are allowed a maximum density of 12 units per acre,except the ones that are properties ai 6. within Mixed Use Activity Center#1 all states that Activity Center#16,which is squarely in zthi middle f Section 6 specifically Y governed by the Mixed Use Activity question Subdistrict. T e This subdistrict will continue to be g Zis suUclistrict typically allows densities of up to treatment. on the intent of the is T1 why was Activity nthe Center behind afforded establishment bl 1 i was to Centers, densities at least the intent behind fire establislunent of Activity Centers,it is reasonable to GTMUD and Center I assume that the specific treatment of Activity not greater than otherwise allowed throughout the rest of the GTMUD. equal to,if g As you r know,Activity Centers located at the inter ctio reasafor ajor gre tterldensiees anti introduced because they were identified as appropriate intensities Additionally,the Mixed Use Activity Center Subdistrict allows a maximum Designing the future one decode of al I , � MN' projects unless located within in the Urban � � r the Urban Coastal Fringe Subdistrict(however,the of si units per acre for residential-only Urban 1 ' It should be noted that the l • Residential Fringe Subdistrict o TMUT limits densities to a maximum the CHHA.12 units per acre) G pertains to th limitation in no way pertains I the Urban Residential Fringe ' -onl development, if a project is located within the boundaries of Mr residential-only Center which is not with Subdistrict User Urban within the boundaries of a Mixed or Urban Coastal Fringe Subdistrict, d� to 16 residential units per grow e acre may nl Use may be permitted.Center h which i within is located aC1r chic ut as allows by Use Action Conte r which is tivithin the Urban Coastal FrmQe Subdistrict, the eli ible density shall be limited to four of dwellin• units 1 io he boundaries Fringe a the density Latin s ste m. to such a project is located within the boundaries of a '� � shall be as allowed by that Subdistrict. For a Subdistrict,Use Activity Center �� l b is within the 11 T outside of an Activity a residen ial- eligible density project may residential-only project located partially within ancCei ter portion of the prof Center,the density accumulated from the Activity be distributed throughout the project. s however, • the density limit applies to areas within the Urban For mixed-use al developments,, different than the ' tial Fringe Subdistrict and�vithtn�the the CHHA rather ttllan the Urban tai reidei Subdistrict. This discrepancy is very significant because it results in residential-only restriction in that it references Fringe Subdis a1ea within the GTMUD with access to either Center re being 1 tat singled out as the only • •tn Coastal Fringe Subdistrict,including the or US-41 that is limited to 4 units per acres. If not for this discrepancy,Bayshore oL outside of the Urb die acre. McKay propey , Center#16, of 16 units 1 Mcl�ay property,would be allowed a maximum density regulations argument,it should be noted� that hen the GTMUD re density anon In further support of this erg the provided state that density bonuses are available demonstrates within the GTMUD,and that for properties e the clearly only Also,section pfovulecl housing bonus an i tent t allow de s ties greater density pool can greater than the base density t available in the density 1 an intent tht subdistrict b ow densities b o of tee r ro properties it clear access the ay e and US-41 1 that are that limits • ernes��lith access to Bayshore Drive and US-41 that are within the only A be used for in strict CIIIIA. This is in strict contrast to the Mixed Use Activity density I-IA and the CHHA. Further,this density will be transferred from m property 1 occur,even within with within the CHHA, specific parcels. As outlined below,the bonus units come from the and thus no overall increase in density and shall be used exclusively higher botanical gardens s property p botanical gardens proPeitY located within the CHHA, within the CHHA. an Y System,lea, 9. For all properties outside as., the in the Density Ratingr s for (��) eligible density bonuses, provided provided herein. However, High Hazard Area (CI-IHA), only the are in addition i the eligible density 1 provided in—the properties within the Coastal High affordable-workforce housing density bonus, as 1 Designing the future one decode at ci time. ' nnom ] - , RWANt. R stem, is allowed in addition to the eligible density Density Rating S} ' I I provided herein. For all.properties, the maximum density allowed is that specified under Density Conditions in the Density Rating + ' System. X 10. A maximum of 388 dwelling units asre permitted ed to utilized# iand (XV) this Overlay for density bonuses, provided #5 above,for that portion of the Overlay bonuslying pool'correspon is w h lens only.This 388 dwelling unit density the number of dwelling units previously entitled to the botanical i I gardens sites prior to their Tl]rezone"mini triangle"catalyst cal lysttproject)is not Botanical Gardens PUD. subject to this density bonus pool. (XV) 11. The Botanical Garden,ii e 25 East,and shown 10 1 the Section 23, Township 50 South,Range Bayshore/Gateway Triangle Redevelopment for caretaker,dormitory,lar�l limited to non-residential uses except other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. In summary,we believe that the intent of the GTMUD was never to limit the density ' m of mixed-use developments within Activity Center vided above and the fact that of 12 units per acre. To the contrary, evidence pi • idential-only projects within Activity Center#16 can 11 achieve densities 12p hots her residential-only units per acre and projects along Bayshore and acre,do not support an argument for reduced densities. ,1 While we understand that your opinion is based upon the existing Mixed-Use Activity Wl you can certainly appreciate that there are discrepancies within the Center language,} could result in diverging interpretations. In ct. Growth Management Plan that co recognition of this,we request your direction as to how we can resolve this conflict. It is my understanding larifcations pursue the the public petition process at a regularly 1. Request clarification scheduled BOCC meeting; or, • 2. Staff recognizing the GMP conflicts outlined above,could bring the matter before the Board for policy ff of the C�Director cool 1 bringithis issue Comprehensive Panning i before the Board.);or, 3. Request an official interpretation from staff—�s°� understand GMP,tbut we staff is constrained to interpret the language assume staff would highlight inconsistencies and discrepancies outlined above Designing the future one decade of o tim e. i RWA,° \ closing,we tllanlc you in advance for your consideration and assistance with this , I In clos b, Tease contact isle at(239)398-2016. , matter. Should you have any questions,l Sincerel Patrick anasse,AICP Planning Manager I I I Cc: Robert Mulhere . i David Jackson i I i i i i Designing the future one decade at a lime. H [Ina MFI 1 i 'ourdan ' JacksonDavid Sent: Wednesday, May 23, 2012 9:13 PM To:Sent: jourdan_j Su bject: FW: McKay Property-Gateway Mixed Use Overlay District Letter I\ II David Jackson Executive Director Bayshore/Gateway Triangle CRA Bayshore Beautification MSTU Haldeman Creek Dredge MSTU Original Message----- From: jourdan_j 2007 9:34 AM Sent: Tuesday, October 16, To: JacksonDavid . - Gateway Mixed Use Overlay District Letter Subject: RE: McKay Property i It a ears that David Weeks has made his position clear and that it is not in their favor. pp they request and `interpretation it will not be ��VObe,thecquicl<iestsway they to If Y q make an appeal before the Board of Zoning Appea guess chase would be a public petition to the BCC. Original Message----- From: JacksonDavid 2007 8:56 AM Sent: Monday, October 15, To: jourdan_j _ Gateway Mixed Use Overlay District Letter Subject: FW: McKay Property Y Let's talk David Jackson Executive Director CRA Bayshore Gateway Triangle 239-643-1115 www•colliercra.com Original Message From: Robert Mulhere [mailto:rjm @consult-rwa.com] Sent: Monday., October 15, 2007 7:34 AM To: weeks_d; Betsy Samz; Patrick Vanasse Cc: djmckay @sbcglobal.net; JacksonDavid Subject: RE: McKay Property - Gateway Mixed Use Overlay District Letter by the BCC? David, what is you position on this? Would you consider having it clarified Y Original Message----- From: weeks_d [mailto:DavidWeeks @colliergov:net] Sent: Friday, October 12, 2007 6:54 PM To: Betsy Samz; Patrick Vanasse CohenRandall Cc: djmckay @sbcglobal.net; JacGareDavyMxecolbUse Overlay;Di.s'cric•t Letter Subject: RE: McKay Property Gateway 1 Patrick, In response to your request at end of your letter, since the issue is one of regulatory interpretation, I believe there are only two options: file a Request for Interpretation, which is subject to Appeal to the Board of Zoning Appeals; or -file a rezone or MUP petition, either of which would be subject to BCC or BZA review at public hearing. Either of these two options would, unless staff's interpretation is in your favor, result in the issue coming before the BCC to take official action upon it. It is not my understanding that the BCC has authority to make an interpretation of the GMP and/or LDC via a public petition or staff discussion item. David Weeks, AICP, Planning Manager Collier County Government Community Development & Environmental Services Division Comprehensive Planning Department 2800 North Horseshoe Drive Naples, FL 34104 phone: 239-403-2306 fax: 239-213-2946 email: davidweeksOacolliergov.net <mailto:davidweeksOcolliergov.net> website: www.colliergov.net <http://www.colliergov.net/> From: Betsy Samz [mailto:bms @consult-rwa.com] Sent: Thursday, October 11, 2007 1:56 PM To: weeks_d Cc: djmckay@sbcglobal .net; 7acksonDavid; Bob Mulhere; Patrick Vanasse Subject: McKay Property - Gateway Mixed Use Overlay District Letter Mr. Weeks, Attached is the letter regarding McKay Property, Folio Numbers 61842240009, and 82641240001 Gateway Mixed Use Overlay District. Should you have questions or comments please feel free to contact Patrick at anytime. Thank you and have a great afternoon. Betsy Samz Planning Coordinator RWA, Inc. 1542 Carson Street Fort Myers, FL 33901 (239) 278-5224 phone (239) 278-54.19 fax www.consult-rwa.com <htto• www consult-rwa.com > l Under Florida Law, e-mail addresses are public ecos. Ido ouLdoeno not ewantryour e-mailo this address released in response to a public records rd entity. Instead, contact this office by telephone or in writing. jOUrdarl __ __ _._.___� From: JacksonDavid Sent: Wednesday, May 23, 2012 9:12 PM To: jourdanj Subject: FW: McKay Property-Gateway Mixed Use Overlay District Letter II David Jackson Executive Director Bayshore/Gateway Triangle CRA Bayshore Beautification MSTU Haldeman Creek Dredge MSTU From: weeks_d Sent: Friday, October 19, 2007 3:55 PM To: Bob Mulhere; Betsy Samz; Patrick Vanasse Cc: djmckay©sbcgiobal.net;JacksonDavid Subject: RE: McKay Property- Gateway Mixed Use Overlay District Letter i I stand by my response below - the only processes I know of for BCC/BZA to "clarify" this Is via CI Appeal or MUP/RZ. David Weeks, AICP, Planning Manager Collier County Government Community Development & Environmental Services Division Comprehensive Planning Department 2800 North Horseshoe Drive Naples, FL 34104 I � phone: 239-403-2306 fax: 239-213-2946 email: davidweeks @colliergov.net website: www.colliergov.net Original Message ! i From: Robert Mulhere [mailto:rjm @consult-rwa.com] I � Sent: Monday, October 15, 2007 7:34 AM To: weeks_d; Betsy Samz; Patrick Vanasse Cc: djmckay @sbcglobal.net; JacksonDavid Subject: RE: McKay Property - Gateway Mixed Use Overlay District Letter David, what is you position on this? Would you consider having it clarified by the BCC? Original Message From: weeks_d [mailto:DavidWeeks @colliergov.net] Sent: Friday, October 12, 2007 6:54 PM To: Betsy Samz; Patrick Vanasse Cc: djmckay @sbcglobal.net; JacksonDavid; Robert Mulhere; CohenRandall Subject: RE: McKay Property - Gateway Mixed Use Overlay District Letter 1 Patrick, In response to your request at end of your letter, since the issue is one of regulatory interpretation, I believe there are only two options: file a Request for Interpretation, which is subject to Appeal to the Board of Zoning Appeals; or file a rezone or MUP petition, either of which would be subject to BCC or BZA review at public hearing. Either of these two options would, unless staff's interpretation is in your favor, result in the issue coming before the BCC to take official action upon it. It is not my understanding that the BCC has authority to make an interpretation of the GMP and/or LDC via a public petition or staff I , discussion item. 1 1 , Planning Manager AICP Plannin David Weeks, Collier County Government 1 Community Development & Environmental Services Division Comprehensive Planning Department 2800 North Horseshoe Drive 1 Naples, FL 34104 phone: 239-403-2306 fax: 239-213-2946 email: davidweeks @colliergov.net <mailto:davidweeks @colliergov.net> website: www.colliergov.net <http://www.colliergov.net/> From: Betsy Samz [mailto:bms @consult-rwa.com] Sent: Thursday, October 11, 2007 1:56 PM To: weeksd Cc: djmckay @sbcglobal.net; JacksonDavid; Bob Mulhere; Patrick Vanasse Subject: McKay Property - Gateway Mixed Use Overlay District Letter Mr. Weeks, Attached is the letter regarding McKay Property, Folio Numbers 61842240009, and 82641240001 Gateway Mixed Use Overlay District. Should you have questions or comments please feel free to contact Patrick at anytime. Thank you and have a great afternoon. Betsy Samz 2 ra-P Planning Coordinator RWA, Inc. 1542 Carson Street Fort Myers, FL 33901 (239) 278-5224 phone (239) 278-5419 fax www.consult-rwa.com <http://www.consult-rwa.com/> Under Florida Law,e-mall 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. II II • • • ' I 3 /l � Il PROPERTIES NORTH OF DAVIS BOULEVARD 'Darden • JacksonDavid I. From: Wednesday May 23,2012 8:21 PM Sent: jourdan_j Subject: FW: Brookside Marina � I David Jackson Executive Director Bayshore/Gateway Triangle CRA Bayshore Beautification MSTU Haldeman Creek Dredge MSTU From: DANFOYFIRE @aol.co EO to:D8 NF XFIRE @aol.com] Sent: Wednesday,August 01, PM To:JacksonDavid Subject Brookside Marina er is. Can you tell me if there is some means by which I David, I am meeting with the Trustee for the Estate of Philip p Connor tomorrow afternoon to discuss acquiring the thatrina property. It had been under contract until recently, but g can obtain the most recent changes to zoning that hauldelines fo codified. redevelopment areahend m xed umseoprojelcts would would be helpful in understanding the development g be very helpful. If there is something else that you know of that would be helpful, please suggest it. I look forward to hearing from you, Dan Pioli Daniel R. Pioli F P Real-Egiate Investments, � 1346 Kings Way Naples,FL 34104 (239) 777-1103 Get a sneak peek of the all-neW AOL.com. Under Florida Law,e-mail addresses are public records..If telephone y u do not in n yoiurde-Tail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office 1 j®urdan _. .__._ �... i From: JacksonDavid Sent: Wednesday,August 01, 2007 5:45 PM To: DANFOXFIRE @aol.com Cc: jourdan_j Subject: RE Brookside Marina The map has been identified as"incorrect"by the Comprehensive Planning Department,and will have the GTMUD-MXD designation and color coding removed during this LDC Amendment Cycle.The land north of Davis will be designated C-4 or C-5 as the current underlying zoning and developed under those standards--unless re-zoned. David Jackson Executive Director Bayshore Gateway Triangle CRA 239-643-1115 www.colliercra.com =.R, .__,�a� I `y From: DANFOXFIRE @aol.com [maiito:DANFOXFIRE @aol.com] I Sent: Wednesday,August 01, 2007 4:22 PM To:JacksonDavid Subject: Re: Brookside Marina In a message dated 8/1/2007 4:02:44 P.M. Eastern Daylight Time, DavidJackson aecollleraov.net writes: North of Dais Blvd property develops under C-4 zoning uses and design criteria in the Land Development Code. That portion of the CRA is not governed by the CRA's mixed use overlay.C-4 land doesn't carry any residential density. Chapter 2(LDC)—2.03.07 defines PUDs and uses and 2.04.00 details affordable housing bonuses that can be requested.Also densities are discussed (4 units minus one for CHHA). Chapter 4(LDC)-4.07.02—10 acre PUD requirement. i I believe you'll find language In the GMP that discusses re-zoning into mixed use. David Jackson i Executive Director Bayshore Gateway Triangle CRA 239-643-1115 i www.co111ercra.corn 1 From: DANFOXI-IRE @aoLcom [mailto:DANFOXFIRE @aol.com] Sent:Wednesday,August 01, 2007 1:38 PM To:JacksonDavid Subject: Bi ookside Marina David, I am meeting with the Trustee for the Estate of Philip O'Connor tomorrow afternoon to discuss acquiring the marina property. It had been under contract until recently, but no longer is. Can you tell me if there is some means by which I can obtain the most recent changes to zoning that have been codified. Any overlays or other forms of information that would be helpful in understanding the development guidelines for the redevelopment area and mixed-use projects would be very helpful. II If there is something else that you know of that would be helpful, please suggest it. I look forward to hearing from you, Dan Pioli Daniel R. Pioli FP Real Estate Investments, LC 1346ICing:' Way Naples,FL 34104 (239) 777-1103 Get a sneak peek of the all-new AOL.com. fcWOW,that was a surprise. The map in the CRA web site color codes all of that property as"GTMUD-MXD." I will say that the marina appears to lie outside the boundary of the area to which the mixed-use'overlay applies, but the color coding clearly indicates that it is mixed-use as well does the inserted classification code"GTMUD-MXD.". Having said that, commercial use only diminishes the appeal of the site. I'll let you know what happens. Dan Pioli Daniel R. Pioli FP Real Estate Investments, LC 1346 Kings Way Naples,FL 34104 (239) 777-1103 Get a sneak peek of the all-new AOL.com. 2 To:JacksonDavid Subject: Re: Naples Gateway We have offers out on 2a,2b,and 3.Not sure about Encore Bank but the rest of 4 is in the works. From:Jackson David <DavidJackson @colliergov.net> To: Arno De Villiers <urbanvillagel @yahoo.com> Sent:Thu, December 31, 2009 11:18:39 AM Subject: RE: Naples Gateway Do you have signed purchase contracts? If so,on which ones? David Jackson Executive Director Bayshore Gateway Triangle CRA 239-643-1115 www4coiilerrrra,com From:Arno De Villiers[mailto:urbanvillagel @yahoo.com] Sent:Thursday,December 31, 2009 11:16 AM To:JacksonDavid Subject: Fw: Naples Gateway Forwarded Message---- From: Arno De Villiers <urbanviliagel @yahoo.com> To:joanna.spiess @windstream.net Cc: Carl Sperduti <csIs02 @aol.com>; Mike McMaster<mmcmaster @cwm-corp.com>;Jerry Goldberg <jerrygoldberg2001 @yahoo.com> Sent:Thu, December 31, 2009 11:15:35 AM Subject: Naples Gateway Hi Joanna, I had asked Mike to re-send you the financials for phase-1 and the business plan. Hope all is now in order for the application. If not, or if there is any confusion, please let me know. Here is looking forward to the closing in January so we can close on the properties and continue with the permitting process. Happy new year to you and yours! thanks, Arno de Villiers 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. 3 II 'ourdan JacksonDavid Sent:From: Wednesday, May 23, 2012 8:37 PM I , To: jourdan_j Subject: FW: PUD Info Attachments: Document.pdf Arno project,and they were talking to the marina. David Jackson Executive Director Bayshore/Gateway Triangle CRA Bayshore Beautification MSTU Haldeman Creek Dredge MSTU From:JacksonDavid Sent:Thursday, December 31, 2009 2:48 PM To: Michael McMaster Cc:TroneSue;jourdani; UT Subject: PUD Info 3 uses an Commercial Mixed Use Subdistrict—you may be able to down-zone in-fill and/orin the urban coa tai residential zone density.The PUD could be accomplished with less than 10 acres because it is an fringe area. You really should take with Jean Jourdan for a better Interpretation. I would also consider acquiring the vacant 5-acre lot next to Brookside Marina and Brookside Avenue.Liberty Bank has it out of bankruptcy and really wants to unload it $2M for 5 acres. David Jackson Executive Director Bayshore Gateway Triangle CRA 239-643-1115 wy_colliercrLcorn From: Michael McMaster[mailto:mmcmaster @cwm-corp.com] Sent:Thursday, December 31, 2009 2:08 PM To:JacksonDavid; 'Arno De Villiers' Subject: RE: Goodyear 2b and Thanks for notification David. Goodyear o land to h�g price is steep. signed contractshsoon�dOn e we have under cont act at the marina are working with us and we hope pricing,we will hopefully be able to re-approach parcels 3 and Goodyear site with recent comps and lock these up as well. Have a safe and happy New Year! Mike 1 Michael McMaster, MBA Naples Urban Village, LLC Naples, Florida Phone: 239-495-6333 Fax: 888-226-5855 Website: .►.i. t•• •-M1 ." •u communication is a confidential and proprietary business communication.It is intended solely for the use of the designated This commune persons or e entities oth.Any than the intended recipient prohibited.If this communication is received in error,please this the sender and delete entities other thn the�n this communication. From:JacksonDavid [mailto:DavidJackson @colliergov:net] Sent:Thursday, December 31, 2009 1:33 PM To: Arno De Villiers Cc: Mike McMaster Subject: Goodyear FOR SALE I LEASE �*± ,IIYM•.t1.1..111- a11f.. ilabre_ rnri4raarsn --� "7-7; r AMA' it Fort!'Or ^�A ,r.a Goody/am Tim Fr ndirtu Oli I �,, ""� • . '#I. Tamlat111 Trait East K • _ y;, Commercial II dun r < Reduced Price 2011$Tnrltitlrtli Trnit enst.1Japlar. Babe MAI/ I I .l • •,,' a. Mt also. OMhitny sire 1•t- . }.4■111■(1: NOM'fty 1..1.•rtil'1.'II'. ...1`. .,t .:aY it •.1 r'":5 Vaud " TIdtM1FQnunt*- To II V.oio-otarihl r, J"t o,cr.n.. ;1;1 / 1,71.' mown.rad nf., ar ,ti. tla., -. r7•',fI..C.1.i:1∎11,hMln • ]/,11'I n•�Ir..TWI'.®441u kOwq!1111r10.141 7 711.8 Ta11Y/v1•IJ7 nrsl0vr+7T.N.•r...•IR^'f�n•:t David Jackson Executive Director Bayshore Gateway Triangle CRA 239-643-1115 www.colliercra.com . . . _.w..__ From: Arno De Villiers [mailto:urbanvillagel @yahoo.com] Sent:Thursday, December 31, 2009 1:15 PM 2 EXHIBIT "E" May 17,2012 MR,VANASSE: We were hoping to possibly come here today and look at all the highlighted areas and look at those areas,were the correct changes,was it consistent with the discussion that we've had,and if the answer was yes,maybe get done today. CHAIRMAN STRAIN: I've got no problem going either way you guys want to go. But it's back to what some of the members here may not(sic)or may not have seen in regards to the new changes,so-- COMMISSIONER BROUGHAM: Well,my recollection of the meeting was that,Brad,you had most of the comments,my recollection,you know,regarding facades and cornices and heights and so forth and so on,which I believe,you know,have been incorporated in here and what we asked to be done,in other words,eliminate the boxes and all of that,because it was very confusing whether this was old language,new language,and so forth,that you did that. I mean,I can respect the fact that you'd like to complete today,but in view of the fact that Brad's comments, in my opinion,drove a lot of the revisions at the last meeting and Brad just received that,I would defer to the board. But if Brad's comfortable that everything that was discussed is in here,then--and I've reviewed it,Karen says she's reviewed it,but I'll defer to Brad. If you would like to defer it,Brad,so you can go back to your original notes,then I'm all for that,but-- COMMISSIONER SCHIFFER: I think we can do it.Let's tty to do it today. CHAIRMAN STRAIN: Okay. Why don't you walk through the changes that you've added,and I think it would be the highlighted text. COMMISSIONER BROUGHAM: Right. CHAIRMAN STRAIN: We can move through it starting with the first page and walk us tlu•ough it then. MR.VANASSE: And if you'd like,what I'll do is 111 turn it over to Chris. CHAIRMAN STRAIN: One of you-- MR.VANASSE: Chris has been the author of most of this stuff,and I'll be here for support. CHAIRMAN STRAIN: Okay. MR.SCOTT: The first change is just for consistency sake. On Page 7,it is B,I,I,C. It is just to clarify-- there was a semi-conflict with the previous citation. But the table of uses-- (Mr.Midney is leaving the boardroom for the remainder of the meeting.) MR.VANASSE: That's in the green sheet. MR.SCOTT: And this is on the green sheet--basically a project can develop either under--based on the uses allowed by the underlying zoning designation or by the uses allowed in the table.But in either circumstances, they must comply with the site development standards. So we just wanted to clarify at the--or the following table of uses. CHAIRMAN STRAIN: Okay. MR.SCOTT: And then that is also reflected in the headers above the table of uses. We wanted to reiterate that point on the table of uses so somebody didn't have to go back and read the text.And that is also in the gateway triangle mixed-use district,Section 4--or 2.03.07,which is shown on Pages 13 in the text and then in the header of the tables on 14, 15,and 16. So those are all very similar changes. CHAIRMAN STRAIN: Okay. Take us to the next one. MR.SCOTT: The next changes--and these are going to be pretty redundant. But on the next--when you get into Chapter 4.02.16,which is the design standards,it describes each of the overlay subdistricts. And within those it meant--references the maximum density allowed. We were trying to simplify it from what was previously shown to you and also make it--the CRA is currently pursuing or exploring the potential to do an amendment to the Growth Management Plan. So--and the densities that are allowed on a property are established in the GMP. So we just wanted to recognize the maximum density, 12 units per acre;and note that it's comprised of density allowed by the underlying zoning and any available density bonuses. Now,how those density bonuses played out are all set through the Growth Management Plan,so it was a little redundant to emphasize it here in the LDC. And in case of any future amendments to the GMP,we didn't want to create a potential for future inconsistencies. So this way if the GMP is amended in the future,this would still remain consistent. The maximum density is 12,but it can be comprised of bonus densities in the underlying density. Page 90 of 95 May 17,2012 CHAIRMAN STRAIN: But if--you cant then increase the GMP above 12 without having to recharge the LDC. MR.VANASSE: Exactly. MR.SCOTT: Correct. CHAIRMAN STRAIN: Okay. MR.SCOTT: So the 12 units would apply to the BMIJD,neighborhood commercial,the BMUD waterfront subdistricts,the other BivIUD residential subdistricts. We just added"and any available density bonus"because the GMP does allow for some density bonuses within those subdistricts--or within the Bayshore redevelopment area. And then when you get to the Gateway Triangle mixed-use district,the NM has the same 12 units per acre language proposed,and the residential has the consistent addition"and any available density bonuses." Are there any questions regarding those changes? CHAIRMAN STRAIN: Anybody? (No response.) CHAIRMAN STRAIN: Nope. MR.SCOTT: The other changes,the next two changes,Page 62,this is a correcting of a citation. It was identified by the County Attorney's Office,so we--it used to read Chapter 4. Now we're being specific,Section 4.02.16,which are the design standards for the Bayshore Gateway Triangle overlays. Page 63 is also a clarification requested by the County Attorney's Office. We are noting for MUP deviations, that they are only available for those MUPs that were approved through a public hearing process. CHAIRMAN STRAIN: Okay, MR.SCOTT: And on the back page of the change sheet that was distributed,there's--these are carried over from the existing overlay provisions.There's a list of administrative deviations for mixed-use projects. There was the landscape and buffer requirements. There was a portion that was not included with the original amendment. That is being added,too,at the request of the County Attorney's Office. So this is reverting back to the existing LDC language,and that language specifically states that in order to get that deviation on the buffers,you must additionally provide a minimum of 110 percent of the open space requirement for mixed-use projects in addition to other conditions the county manager or designee deems necessary. MS.ASHTON-CICKO: And I'm not requesting this specific language. I just asked for more criteria. MR.SCOTT: Criteria. MS.ASHTON-CICKO: So in most of these instances I'm not advocating specific language.I'm just asking for more criteria. And there is another one--one other citation correction.Under Item D,the reference should be 4.05.04G2.Instead of F2,it's 02. MR.VANASSE: And just to confirm,we did have that communication with Heidi,and we agree that this additional criteria with 110 percent is acceptable to us,no problem. CHAIRMAN STRAIN: Okay. MR.SCOTT: And then the final changes is in the--Section C,in 10.02.15. It's the bonus density pool allocation. The specific number of bonus density units that are available. It's--388 units were originally created. That number is specified in the Growth Management Plan. We're proposing to strike it from the LDC which would allow in the future,if the CRA were able to amend the GMP to increase that amount--for instance, if a public project came in and the density that was associated with a property similar to what happened with Naples Botanical Garden,carne about that that residence density could be added to this pool in the future,that would require a GMP amendment. But should that happen,we're just proposing to strike this so it wouldn't also entail the subsequent LDC amendment. And then at the final strikethrough the MUP public hearing process was changed to just a public hearing approval process,and that is in--to make it consistent with an existing GMP amendment being sought by the CRA, how those density units are--they're specifically--they're specified within the GMP on how they are available. So the LDC is somewhat redundant to the GMP. But if there's changes to the GMP,we want this to hopefully be consistent with that in the future. CHAIRMAN STRAIN: Okay. Any questions? Brad,do you have any comments? COMMISSIONER SCHIFFER: Actually,one simple one. In going through this stuff,it looks like Page 91 of 95 April 25,2012"CCPC/L1)C Amendments Special Meeting" ACTING CHAIRWOMAN AHERN: Go ahead. COMMISSIONER SCHIFFER: And I guess,Heidi,these density bonuses,I guess it's 388 units;is that right? How many do we have now? MS.JOURDAN: That's correct. Initially we started out with 388 and then there was 232 units approved for the arboretum project,which no longer exists. As a matter of fact,it reverted back to its original zoning, So those 232 units are going to come back to us. The only thing according to comprehensive planning,they're keeping track of this,are five units that were used in a project.So that would take us down to 383. COMMISSIONER SCHIFFER: And that would be the coffee shop. MS.JOURDAN: Correct. COMIYIISSIONER SCI- FER: Go ahead. I mean,what that is is there's only a limited amount of units other than what you're entitled to on your property,correct? MS.JOURDAN: Correct. COMiMISSIONER SCHIFFER: The rest of the board. So everybody is going to be drawn out of that pool. And it looked like that one project was a pretty big hit. So it really is purely first come,Lust serve? And how long can they hold it? Like how--I mean,how many--I know there's a frame in here where it elapses. So till they elapse, they have the rights of those units? MS.JOURDAN: Correct. And then if they don't utilize them--and I believe Heidi can answer the question, because she's working on how they would come back to the density bonus pool. I don't know,Heidi,is that going to be per resolution,ordinance? Ilow would we get back those units? I know that they're not being used,so--but officially? MS.ASHTON-CICKO: Well,in answer to your question,my recommendation was to do a resolution.The current regulations provide that the stuff automatically terminates. But I still think that it's better to memorialize it in a resolution,frankly. That's my recommendation. But on this section that you're looking at,A-1,when I first looked at it,I found it confusing. You know, some of the things in the overlay they can have by right. And I initially read this to mean they could have the 12 units an acre by right. And in talking with Chris,he indicated that you get the underlying zoning unless you can get up to 12 units an acre with the density bonus. So I read it a little bit differently,which-- MS.JOURDAN: Pin sorry. Also,if you read the Growth Management Plan,then it makes it more clear how you qualify for those density bonus units. There's only certain projects that will qualify that it has to be a mixed use project.Right now the way the thing is written,no one else can tap into those bonus density units. And it's outlined in the future land use element,the Bayshore/Gateway overlay in the Growth Management Plan. MS.ASHTON-CICKO: It's addressed on your last page where Page 101 is the density pool allocation.And as I understand it,it's first come,first serve. So whoever applies essentially you get it.If you apply,you get it. MS.JOURDAN: But you have to be within a mixed use project. MS.ASHTON-CICKO: Correct. COMMISSIONER SCHIFFER: Right. But it's a limited resource. MS.JOURDAN: Yes,it is. Yeah,it's an incentive,similar to early entry TDR's. That was from Patrick. He's whispering in my ear back there. COMMISSIONER SCHIFFER: And the problem's going to be is that once they're gone and you have commercial zoning which doesn't have residential attached to it,your mixed use projects aren't going to be that mixed. MS.JOURDAN: Yeah. I mean,we're looking into other ways of getting additional density;but because of that being the coastal high hazard area,they didn't really want to increase the density.So we're actually pulling from the density that was allowed on Botanical Gardens. That's where those 388 units came from,because they said they didn't waist to increase the density in the coastal high hazard area. So that wasn't really increasing the density,it was just a reallocation. And that's where those 388 came from,that number. MR.VANASSE: For the record,Patrick Vanasse. One of the recommendations we made when we did otir analysis was that the pool is finite right now,and as Jean mentioned,that density was obtained through the Botanical Gardens because they weren't going to be using their residential density. There are other civic type of uses in the area,and one of the recommendations was to look at the possibility of maybe being able to use that density if those lands are going to remain in civic type of uses or parks or Page 15 of 27 April 25,2012"CCPC/LDC Amendments Special Meeting" recreational type of uses. Again,that would require a Comp.Plan amendment and close investigation,but there's an opportunity there for that. ACTING CHAIRWOMAN AHERN: Thank you. Any other questions on this section? (No response.) ACTING CHAIRWOMAN AHERN: Chris,did you have anything else up to Page 30? MR.SCOTT: Page 28 and Page 30 I have the same comment. Actually,I have two comments. MS.ASHTON-CICKO: Can I also make a clarification too? Because as you get to these pages the rules are changing so that the--yeah,as you get to this page. The development standards now are based on your product type, and that's where they come up with the form based as opposed to in C-3 it's so many feet for your setback. Now it's based on your product type our your form. I just want to make sure that was clear. MR. SCOTT: Yeah,that's a good clarification.The form-based provisions encompass both the building location on the lot based off of what the building looks like,so a house would have certain setback requirements,a commercial building would have another set of requirements. And then there's architectural standards that are in a later chapter. So yeah,the setbacks don't really change,they're consistent with the current code,but it is broken down by building type. Which leads me to on Page 28 I want to add a--under--on the table,the top line,minimum lot width feet, under commercial,it currently says 100 feet. I want to add a footnote. I'm going to make that one five because I have a four that got inadvertently left off. So make that a footnote five. And then underneath the footnote section I will note that properties with C-3 zoning shall have a minimum 75-foot lot width. And the rationale is that is the existing lot width requirement for C-3. And the intent was not to increase the development standards from what currently exist. And then-- COMMISSIONER SCHIFFER: Question,Chris.Where are your footnotes currently existing? COMMISSIONER BROUGHAM: Bottom of Page 28. MR,SCOTT: The bottom of Page 28. COMMISSIONER SCHIFFER: Got it,okay. MR. SCOTT: And then I also want to add a footnote four,at max building height feet add a footnote four. And just a note that that is zoning height. Because the county has both zoning height and actual height. That was a--to change that would have been more than was intended with these amendments. COMMISSIONER EBERT: Chris,I have a question for you. MR. SCOTT: Yes. COMMISSIONER EBERT: And Heidi can maybe--are you rewriting these LDC's as you're going along with this? I mean,watching something--because this has already been brought up in front of us,right,and then it came to the BCC. This was--okay. But it just seems like you're kind of changing--it seems like you're rewriting a lot before we get this. This is--is this questions from Brad,is that why? MR. SCOTT: This was based off of--not exclusively,no. The packets had gone out and they're still being reviewed on some level by staff,the County Attorney,and then we had a meeting with Brad. So some ofthese changes are based off of those made. And I apologize that they're not included in your packet,but-- COMMISSIONER EBERT: Okay,that's what I was guessing,I was really trying to say. Thank you. COMMISSIONER SCHIFFER: And they're really not changing any of these setbacks anyway. Essentially the chart on the right is the old,the chart on the next is the new. Some people have a different orientation,but--you know,it always scares me when I see different commissioners have different orientation in their packets,because they hand them to you with your name and you just wonder if these are customized packets or--they should be identical. But anyway. But--and by the way,I found this to be very confusing going through this. Because it is these little boxes of code and boxes of that. In other words,there's no real straight through way to check what the existing code is. This is --it's a little strange. But we discussed that also,but-- COMMISSIONER EBERT: See,so it was with Brad. COMMISSIONER SCHIFFER: Well,you can't fix strange. Because I'm around doesn't mean it's strange. Page 16 of 27 , 7/ x / FUTURE LAND USE MAP R 25 E I I 25 E I 1"E I 1 28 E I 6 61.E I g 31 E I a ELTAuf....1 E I 132 E I•mgri..33........E I cri.........1 ,...rm_....., : 201$—MS '''" 0.--- FUTURE LAND USE MAP 11111' --. •..........,, 11=0-13.0 U eramoomo willoartod '61., CRIller[Aunty Florid* .....".==fa Yana aalLaIkra ' 3 C.I.E.6■11.01.0•Na■■■=110a/M • !::7.........:.......%."' El=11=...1311...L.7.......- :-.,--r:-.. _............. , ,.........—, - a W E.7...t III.............,- . o...,.....,-„,...... t. AIIIMMILIVRAL/IMUL .*??..1 '- 1 . aIIIIIH , Ufii."...L.■=. '...=:asti''''''Zrol:;:-3:7 IIMMOON----. *lama.,........., laava wawa ...........,......„............7 _____ •----.........._ ig....,...........„__,...... -.=ay... +..... pi■........... .....L,.., . UN 2:r...21=g.......**. III a... M----“- : : A'ilir . .. 41 -- -: w 13 Viiii-j.-- 4914,intratem::wee • ..srmr---.1.9.---,..r.,:-..—.......* ...,,,....... ...,_ 44 -5,4 1i,, 4„s.„, ,,‘„,..4.t. . , 4, ' 41/111 A ai...WA Mil giro , . _ .:42.‘ ifirli ............77-77.L........:-.................-.... - \ - .26„1,i .toll:#44;_.11%. . --,. , _-__._.1"..„:1- ....- - % - ...... .... ....• - _____, Bayshore/Gateway V-5.-..jl ; , — —- -- - -4i killf --=_.:._,J_- ,......,... _ Triangle '-cT----------= ---= — -- - Redevelopment Overly : 11-. -- - - ,...--ili,-.,_ , — wan at -,..„.......,- 1' ,i\ -- -:: -'- .-r....;.=-•-ir - R-'- ',:.:...;„ ...,,z,..;„ -;-,_-____,- , -.:-.:::. \ 4 ';,, ' --_--- /1.11101.1.11m3 . `t—, " ..1'‘211• = ,.,,_.:—. ,...... 6 ••••16.-10,4 "" 1. , .); Or • ,‘‘.'•: ., ----,------=-- ..1242227,X,..... ■-• 0 N ' ----i.....—.._ , _.. I ....41.,.2.12.•=:r. — liii, -- A ...... macaw ■.•g.;,.•..w... , . ..'''''lirri.SP,.._14P4Lor -' 1:V...-■nr.:..4 A''. : 14' --- _ - *it,i--.--•-t.- . ------------------\1 _ IICKUIL 1..^srr 11 34 E I • J k 26 E I I 28 E I I 21 E I I 28 E I g 21 E I R 31 E 1 21 E I 1 32 E I 1 33 E I Co e-r Ceoul-Lty DATE: December 20, 2012 TO: Board of County Commissioners FROM: Planning&Zoning Department, Comprehensive Planning Section SUBJECT: BCC Advertisements for the 2012 Cycle Transmittal Amendments of the Growth Management Plan (PL2olzoo0o371 & PL2o12o001213) Due to the timing of the advertisement and the upcoming holiday,we have yet to receive the "Certified Affidavit" of advertisement from the Naples Daily News newspaper. The advertisement appeared in the newspaper on Wednesday, December 19,2012, or 20 days prior to hearing. Therefore please find enclosed copy of the (uncertified) advertisement as posted. Upon receipt of the "Certified Affidavit", it will be included in the packets being forwarded to the Florida Department of Economic Opportunity, and including required State agencies, for their review of the entire 2012 Cycle "Transmittal" amendments. Planning & Zoning Department Comprehensive Planning Section PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER RESOLUTIONS Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,January 08,2013 in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 E.Tamiami Trail, Naples,to consider the Transmittal of the following County Resolutions,for Transmittal amendments to the Collier County Growth Management Plan. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on amendments to the Future Land Use Element and Future Land Use Map and Map Series;for transmittal to the Florida Department of Economic Opportunity. The RESOLUTION titles are as follows: RESOLUTION NO.13- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05,AS AMENDED,SPECIFICALLY AMENDING THE FUTURE LAND ELE- MENT FUTURE LAND USE MAP AND MAP SERIES TO CHANGE THE DESIGNATION OF THE GORDON RIVER GREENWAY PARK TO THE CONSERVATION DESIGNATION, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMEND- MENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. PL20120000371/CP-2012-1,A petition requesting an amendment to the Future Land Use Map(FLUM),to change the FLUM designation from Urban-Mixed Use District/Urban Residential Subdistrict to Conservation Designation for the County-owned Gordon River Greenway Park property located in Sections 27 and 34,Township 49 South,Range 25 East,consisting of 123.60+/- acres.[Coordinator.Michele Mosca,AICP,Principal Planner] RESOLUTION NO.13- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05,AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND ELE- MENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES,AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. PL20120001213/CP-2012-3,a petition requesting amendments to the Future Land Use Element(FLUE),to change the Bay- shore/Gateway Triangle Redevelopment Overlay by expanding the area subject to the density bonus for mixed use development, adding allowance for residential-only development to qualify for the density bonus,adding an explanation of the density bonus calculation,and deleting the development standards-all without increasing the total density allowed within the Overlay;and,to add cross references to other FLUE provisions.[Coordinator.David C.Weeks,AICP,GMP Manager] RPM,CCON, w Q "` Collier County "1146 i Florida i a.. MEMORY CONICT i!�®I -,`'. pt - p A \` p ���k r / i T !) .±.,,r ,1 7rti 'li All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section,2800 N.Horseshoe Dr., Naples,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401 Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Comprehensive Planning Section of the Planning&Zoning Department.Written comments filed with the Clerk to the Board's Office prior to Tuesday,January 08,2013,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS-COLLIER COUNTY,FLORIDA-GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK-By: Martha Vergara-Deputy Clerk(SEAL) No.231195040 December 19.2012 IC NOTICE NAPLES DAILY NEWS. . : .. . _.._... . __. ...... , I Published Daily Naples,FL 34110 •_1_ '=_ WM)I . • 40 . . Affidavit of Publication g .. ,November ass State of Florida '1F G 'a>: East Counties of Collier and Lee •. Imo; `' ''the Before the undersigned they serve as the authority,personally =.-' " „ -•`"`� `�� appeared Lynn Schneider, who on oath says that she serves as ` ,-- ` swt ':, °,". h Man - PP y ys 1, t , ,,., _ ,•E LAND USE MAP Order Entry Data Specialist of the Naples Daily News,a daily v r ,;- CONSERVATION r,r, r :,y 'S, ` t of ECONOMIC newspaper.published at Naples, in Collier County, Florida; , ; + . = t ,a . distributed in Collier and Lee counties of Florida that the ;1z - r • ' q "..mange the RUN ..:+, ``':- . .,' T •.f .�,._. the County-owned•attached copy of the advertising,being a . -!stingof 123.60+ PUBLIC NOTICE . ® d"el County Growth. 5 it +. ELEMENT RELAT •in the matter of PUBLIC NOTICE • `� i 14, ''0y IC o OPPORTUNITY i g �.. lunge the Baysbora/ .. 11 use development, was published in said newspaper 1 time in the issue . _ Of the!.ashy bonus - on Octoberl2th, 2012 the Overlay:and.to . ?darn. . • • Affiant further says that the said Naples Daily News is a newspaper from published at Naples,in said Collier County,Florida,and that the said ounty . 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 1 0w'0s the U Ufl 7J 0 year next preceding the first publication of the attached copy of «� i advertisement; and affiant further says that he has neither paid nor d sBabiGtymwe&quaNaedfessees i . tt�iprK�S..":46rforco,:w.derais. , • i promised any person, firm or corporation any discount,rebate, commission or refund for the purpose of securing this advertisement for , #� � . publication in the said n- apex. - 01 hback 0 1 zid. .rotYJ '.. 4,..,:...0 !Amendment.allbe (Signature of affi.ant) ..-->.::%'..•-; ri+:r ti be made avalable a 1,. <• yaw`s:Traa.Suite 401 { �7a "`-. Id be directed to the for WY,NOjwnlrar Ot,. may Sworn to and subscribed before me to any matter- '1h is 16th day�October,2012 / ' its m> wni, Ck gal �'j'//"" ! tt des all available incentirK (1 \1VA/A , t this price.See dealer for complete details p,You are entitled, (Signature of Fnotary public) anent Department. . filar to Ma meeting. giober 12.2012 to ..„Act . .syzwiestrai. .det e,..• .-. • i "alt CAROL- PAWUNSKI ;«: :t MY COMMISSION€EE 45538 EXPIRES:November 28,2014 irai, '_ amodllaa aarre 9mwari e i I ,4. , PUBLIC NOTICE PUBLIC NOTICE. PUBLIC NOTICE -NAPLES DAILY NEWS . - NOTOCE OF EET G. . . Naples, 34 I0 Da©TIICE OF O TEN 0 TO CQ[ISD[ E 11t A s-1 ESOLUTO0N - . III Affidavit of Publication is , t the Planning Commission hold a meeting ,htotrem m. 2012 at 8:00 A.M.in the Board of County Commissioners meeting room,th6d floor.County Government Center,3299 East State of Florida Tamiami Trel,Naples. Counties of Collier and Lee The purpose of the hearing Is to consider recommendation mendation to the Board of County Commissioners to transmit to the Deparirtxnt of Econoinic.oppertun4y 1DEO)the Transmittal of the 2012 Cycle Growth Management Ran amendments to the Futuraland Use Element and-the Future Land Use Map and Map Series.The resolution title and petition titles are as follows: Before the undersigned they serve as the RESOLUTION NO.13- . _ . • appeared Lynn.Schneider, who on oath A Resoluto OE THE BOARD"A COUNTY crirec ONERS Proposing Amendments to the Cawr Canty Growth Manage- s meat Plan,ORDINANCE 88.05, S AMENDED.Specificafy Amending the FUTURE LAND ELEMENT FIJPJRE LAND USE AMP Order Entry Data Specialist of the Naplel DESIGNATION.AND°urthec THE DESIGNATION Transmittal THE of t Amendments to t�hexi TDepOrt -ECONOMIC • newspaper published at Naples, in Col °PealruNrnc .. t distributed in Collier and Lee counties o . PL20120000371/CP.2012.1,A petition requesting an amendmarit to the Future Land Use Map(ALUM).to change the FUN designation torn Urban-Mixed Use District/Urban Residential Sttrdstrict to CoriservaWn Designation for the County-owned attached copy of the advertising,being Gordon River Greenway Park property located in Sections 27 and 34,Township 49 South,Range 25 East,consisting of 123.604- aces.[Coerdinatot:Michele Mosca,AIC7?Principal Planner) PUBLIC NOTICE RESOLUTION NC.13 A Resolution OF THE BOARD OF COUNTY COMMISSIONERS Proposing Amendments to the Collar County Growth • Management Ran, ORDNANCE 69-05, AS AMENDED. Specifically Amending the FUTURE LAND ELEMENT REIAT-' IMG TO•THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES, AND Fur- in the matter of PUBLIC NOTICE thermane Recommending Transmittal of the Amendments to the Florida Department of ECONOMIC OPPORTUNITY. PL20120001213CPF2012-3,a petiion requesting arnrtdments 0o the Future Land Use Bement(FLUE),to change the Bnyshcrd Gateway Triangle Redevelopment Overlay by expanding the area subject to the density bonus for mixed use development, was published in said newspaper 1 time adding allowance for residential-ally development to qualify for the density bonus,adding an explanation of the deneMy bonus . calajation,and deleting the development standards-all without increasing the total density allowed within the Overlay and.to on October12th, 2012 add cross references to other FLUE provisions.(Coordinator:David C.Weeks,AJCP,GMP Manager) • Affiant further says that the said Maple i��i• . . ) published at Naples,in said Collier Cou Collier couttty newspaper has heretofore been continue �-- 1 'Florida • • County, Florida;distributed in Collier at • " _(� -- - each.day and has been entered as second =�s�t� .... .._ .......... - • office in Naples,in said Collier Count) r„A i 1 year next preceding the first publicat f� ,... .s t advertisement; and affiant further says *- .z-\ �W . • i promised 'any person, firm or corpor .� 7 • _ commission or refund for the purpose of • ti e publication in the said ne s`ia a �'---,., . i�i. t ,i1// /i .� �� Y/ �•/�' Al interested parties are hutted to appear and be heard. Copies of the proposed Growth Management Plan Amendment MS be •of made available for inspection at the Land Devebpmrl Services Dept,Ca+npcehrmshre Planning Section,2800N.Horseshoe Dc, (Signs of of ant) Napes.between the hours of 8:00 A.M.and 5.00 PM.,Monday through Friday.Furthermore the materials will be made available for Inspection at the Collier County Clerk's Ounce.4th Floor:CoifierCounty Government Center,3299 East Tami ml Trait Site 401 Napes,FL 34112,one week prior to the scheduled hearing.Any questions partaking to the documents should be directed to the Comprehensive Manning Section.Written comments tied with the Clerk to the Bond's Office prior to Thursday,November Ot,. !'� + 2012,will be read and considered at the pubic hearing. . . . S�/om to and sub`s ribed before me ti a person decides to appeal any decision made by the Collier County Planning Commission with respect to any math- . •�f(n t considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure -This 16th d of Octobe ,2012 that a verbatim record at the proceedings is made,which record includes the testimony and evidence upon which;the appeal lati f j is to be lured. . . - • r / !' y t ft you are a prson with a daabiity who needs arty accommodation In ecru to parti ipate In trio prOceading,you we a ntttied,t., y .] at no coat to you,to the provision of certain assistance. Please contact the Coil Count/Facttles Management Department, (Signature of no public) located at 3335 Tamiami Trail East,Suite tot,Naples,FL 34112.5356,(239)252.8380,at least two days prior to the meeting, notary Y ) - Assisted listening devices for the hearing Impaired are available In the Board of County Comfnkalonrs Office. - Mclssa G.Keene,Chairman . Cosier Carey Planning Cominisston - - ' No.240194964 ' - October 12.2012 • • s - fe . CAROL PAWIINN .4. MVCOMMISS)O N#EE 45538 , '«.,), EXPIRES November 2s,2014 T it.:e1w,:• know Tare PittedkmlamAgency • NAPLES DAILY NEWS '(s•Friday,October 12,2012 (t 19A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE •-' 'NOTICE OF MEETING . _ ,37NOTICE OF INTENT TO CONSIDER A RESOLUTION • Notice is hereby given than he Collier County Planning Commission will hold a public meeting ion Thursday,November 01, "2012 at 9:00 A.M.in the r9O rd of County Commissioners meeting room,third floor,County Government Center,3299 East Tamiami Trail,Naples. «;, •• _ - - - . The purpose of the hearingtis;fo consider recommendation to the Board of County Commissioners to transmit to the Department• of Economic Opportunity pp)the 1ansmittal of the 2012 Cycle Growth Management Plan amendments to the Future Land Use Element and the Future Land.Use Map and Map Series.The resolution title and petition titles are as follows: ' ' ,203 . RESOLUTION NO.13- .- L-7' • A Resolution OF THE BOARD OF COUNTY COMMISSIONERS Proposing Amendments to the Collier County Growth Manage- 'ment Plan,ORDINANCE 83.05,AS AMENDED,Specifically Amending the FUTURE LAND ELEMENT FUTURE LAND USE MAP AND MAP SERIES TO CHANGE THE DESIGNATION OF THE GORDON RIVER GREENWAY'PARK TO THE CONSERVATION DESIGNATION,AND FuiFetmore Recommending Transmittal of the Amendments to the Florida Department of ECONOMIC ' OPPORTUNITY. -_.. •. . ,PL20120000371/CP-2012-1,A petition requesting an amendment to the Future Land Use Map(FLUM),to change the FLUM • designation from Urban-Mined Use District/Urban Residential Subdistrict to Conservation Designation for the County-owned Gordon River Greenway:2at$property located in Sections 27,and 34,Township 49 South,Range 25 East,consisting of 123.60+ •acres.[Coordinator:Michele Mosca,AICP,Principal Planner] •5 RESOLUTION NO.13- . . ' A Resolution OF THE BOARD OF COUNTY COMMISSIONERS Proposing Amendments to the Collier County Growth Management Plan, ORDINANCE 89-05, AS AMENDED; Specifically Amending the FUTURE LAND ELEMENT RELAT- ING TO THE BAYSHOJ4E/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES, AND Fur- thermore Recommending,_Transmittal of the Amendments to the Florida Department of ECONOMIC OPPORTUNITY. P120120001213CP/2012'8;•a petition requesting amendments to the Future Land Use Element(FLUE),to change the Bayshore/ Gateway Triangle Redevelgpment'Overlay by expanding the area subject to the density bonus for mixed use development, adding allowance for residential-only development to qualify for the density bonus,adding an explanation of the density bonus calculation,and deleting the development standards-all without increasing the total density allowed within the Overlay;and,to add cross references to other FLUE provisions.[Coordinator:David C.Weeks,MCP,GMP Manager] VTL M. l• - Collier CUUr1fy ■ Florida • J ..c.b <r 70124 r 1 _ - n i 6 _ x �ht 1 All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Development Services Dept.,Comprehensive Planning Section,2800 N.-Horseshoe Dr., Naples,between the•hbursof 8:00 A.M.and 5:00 P.M:,Monday through Friday.Furthermore the material's will be made available , . for inspection at the.Qoll'ier County Clerk's Office,4th Floor,Collier County Government Center,3299 East Tamiami Trail,Suite 401' • Naples,FL 34112,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior,to Thursday,November'01, 2012,will be read and considered at the-public hearing.• ,`• - ' m If a person decides:to appeal any decision.made by the Collier County'Planning Commission with respect to any matter considered at.such meeting or hearing,•he will need a record of that proceeding,and for such purpose be may need to-ensure that a verbatim recorc pf the proceedings is.made,which record includes the testimony and evidence upon which the appeal ' is to be based. . If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. . Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Melissa G.Keene,Chairman- ' Collier County Planning Cormission'- . ' - .• . No.240194964 • October 12,2012