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Agenda 05/28/2013 Item #9A (GMP) AGENDA BCC - GMP MEETING May 28 , 2013 Clerk of Court COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS 2012 CYCLE (ADOPTION HEARING) RHE I fl MI E I II 27t I 111111E I II 21IE I R 30E I IIIIE I II 92 E I 1133 E I 13E MAYtt COVa. _ -4/ ... (-,•,.. •-\ c•Ns . - I j N ' ' Collkir County , -, N. $ Florida 1 tr i__---•••_‘._22_,.. ______../...1r--/'- i &1 I i REN,s.Mal r -I " . • CP-2112-1 1,■i "; ma. -- C P40124 j \,j I 0 \, — ..--.., ' .".•-, ,.,S, CJ .1 <.. .I 4.1 , i < _.•_._\ 'I! — --____„ N, . 1 .,, 7-- o 4 , ••; -:_. „... fa — pa.w at d1/r...2 mow.EVRITI ..:cct. awl.womccea MM./SUN.c,N.C.. WI 10/1.2 RLE C-201-.mi 1.0.• Petitions:CP-2012-1;and CP-2012-3 CCPC: APRIL 04, 2013 & MAY 02, 2013 BCC: MAY 28 2013 TABLE OF CONTENTS 2012 Cycle GMP Adoption Amendments BCC- May 28, 2013 1) TAB: Adoption Executive Summary DOCUMENT: Executive Summary for 2012 Cycle (CP-2012-1 and CP-2012-3) 2) TAB: Adoption Staff Report DOCUMENT: CCPC Adoption Staff Report for 2012 Cycle (CP-2012-1 and CP-2012-3) 3) TAB: Adoption Ordinance DOCUMENTS:Adoption Ordinances with Exhibit "A"text and/or maps as follows: CP-2012-1 (FLUM), and CP-2012-3 (FLUE) 4) TAB: Transmittal Executive Summary DOCUMENT: Transmittal Executive Summary for 2012 Cycle (CP-2012-1 and CP-2012-3) 5) TAB: Transmittal Staff Reports DOCUMENTS: CP-2012-1 and CP-2012-3 Transmittal Staff Reports 6) TAB: Petition CP-2012-1 DOCUMENT: Gordon River Greenway Park Petition 7) TAB: Petition CP-2012-3 DOCUMENT: Bayshore/Gateway Triangle Redevelopment Overlay Petition 8) TAB: Legal Advertisement DOCUMENT: BCC and CCPC Advertisements for 2012 Cycle EXECUTIVE SUMMARY Recommendation to approve the 2012 Cycle of Growth Management Plan Amendments. (Adoption Hearing) OBJECTIVE: For the Board of County Commissioners (BCC) to review the 2012 cycle of amendments to the Collier County Growth Management Plan (GMP) and consider approving (adopting) said amendments for their transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: 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. 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. • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • Resolution 12-234,provides for a public petition process to amend the Collier County GMP. • For this Adoption hearing, the 2012 cycle of GMP amendments consists of two petitions, both initiated by County agencies. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held its transmittal hearing on November 1, 2012 for both petitions: CP-2012-1 and CP-2012-3. The BCC held its transmittal hearing on January 8, 2013 for both petitions. The respective transmittal hearings recommendations/actions are contained in the CCPC adoption hearing staff report. • The CCPC held its adoption hearing on April 4 and May 2, 2013. The respective adoption hearing recommendations are presented further below, following each petition number and title. • The Comments Letter from the Florida Department of Economic Opportunity (DEO), dated February 15, 2013, indicated "no comment" within the Agency's authorized scope of review, as did the Comments Letters from the Florida Department of Agriculture and Consumer Services, Florida Department of Transportation, and South Florida Water Management District. The remaining review agencies did not provide a Comments Letter. All review agency Comments Letters received are contained in the back-up materials. • This adoption hearing considers amendments to the Future Land Use Element (FLUE) and Future Land Use Map (FLUM). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is approved as to form and legality, and requires a super majority vote of the Board for adoption and transmittal to DEO. -- HFAC 1 FISCAL IMPACT: There will be fiscal impacts to Collier County as a result of petition CP- --- 2012-3, initiated by the Bayshore/Gatew If so Triangle that Land Development Code amendment would be necessary to implement the petition. so, be prepared using existing staff resources and the existing budget. GROWTH MANAGEMENT IMPACT�iManagement iPlanubBased uponf statutory changes of amendments to the Collier County Growth that occurred during the 2011 Florida Legislative session, these GMP amendments are presumed to be "in compliance" with applicable Florida Statutes. After adoption, the DEO and other applicable review agencies will have 30 days (from the date DEO determines the adoption packages are complete) to review the adopted plan amendments and, should they believe an amendment is not "in compliance," file a challenge [appeal] to the presumed "in compliance" determination with the Florida Division of Administrative hearings. Similarly, any affected party also has 30 days (from the date of BCC adoption) mendmentswi 1 become effective.ely challenge is not filed by DEO or an affected rt party, then the 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 site will the process of obtaining subsequent development and federal environmental prof pt on) regulations, be subject to all applicable local, state 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. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: The staff recommendation follows each individual petition listed below. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission held follows required each individual petition listed below. 4 and May 2, 2013. The CCPC recommendation PETITION CP-2012-1 (PL20120000371), 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 2 to "open space, conservation or outdoor recreation use." [Coordinator: Michele Mosca, AICP, Principal Planner] Staff Recommendation: That the CCPC forward petition CP-2012-1 to the BCC with a recommendation to adopt. CCPC Recommendation: That the BCC adopt petition CP-2012-1 (vote: 7/0). There were no public speakers. Staff Recommendation to BCC: Same as to CCPC. 2. PETITION CP-2012-3 (PL20120001213), submitted by the Bayshore/Gateway Triangle Community Redevelopment Agency (CRA) requesting amendments to the Bayshore/Gateway Triangle Redevelopment 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. [Coordinator: David Weeks, AICP, j MP Manager] Staff Recommendation: That the CCPC forward petition CP-2012-3 to the BCC with a recommendation to adopt. CCPC Recommendation: That the BCC adopt petition CP-2012-3 (vote: 6/0), subject to the changes depicted below (which are incorporated into the Ordinance Exhibit A). Principal concerns were addressed by limiting the number of density bonus pool units that a single project could use; requiring that a residential-only project be a redevelopment project; and, providing additional clarity. Words underlined are added;words struck through are deleted—as approved for Transmittal to DEO Words double underlined are added;words are deleted—as recommended by CCPC for Adoption F. Bayshore/Gateway Triangle Redevelopment Overlay 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 via use of the densit bonus cool identified in .ara•ra.h 11 except that no .ro'ect ma utilize more than 97 units - 25% of the total densit .00l units available. The 97 unit ca. will terminate when the BCC ado.ts b LDC amendment limitations and a ca. on the use of the 388 densit fool units for an one .ro'ect. 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" catalyst 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 3 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63)r may ma,==be-acaeRd40€1. 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- Pulling Road or US 41 East, are allowed to redevelop as a residential-only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in ara•,ra.h 11 exce t that no .ro'ect ma utilize more than 97 units - 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts b LDC amendment limitations and a cap on the use of the 388 density sool units for an one .ro•ect. In order to be eligible for this hi•her densit the redevelo.ment must comply with the following: a. Project shall m4 be in the form of a PUD. b. Project site shall be a minimum of three acres. e. Pro•ect shall constitute redevelo sment of the site. d. 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 governea oy the Mixed Use Activity center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. In eititer=i444afietIte The development 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, shall apply to all new development• within the Activity Center. • - _ • - . ' '' - - _- . • . - .- 14• . _ -- • - - - - - - - . . •. - 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 abov , `'' t t - — •- —________ _ . 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. There were no public speakers. STAFF RECOMMENDATION: Staff adoption hanges to CP-2012 3 shown aboveP amendments, and transmittal to DEO, subject to the CCPC except that staff does not support requiring a residential-only project to be a redevelopment project. 4 CCPC RECOMMENDATION: The Collier County Planning Commission recommends adoption of the 2012 cycle of GMP amendments, and transmittal to DEO, subject to the changes to CP-2012-3 as shown above. Prepared by: David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Planning & Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CCPC Adoption Staff Report; 2) CP-2012-1 Ordinance with Exhibit "A" Map; 3) CP-2012-3 Ordinance with Exhibit "A" Text Executive Summary Adoption 2012 cycle GMPAs G:CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2012 Cycle Petitions\BCC Adoption dw/2-27-13 8 5-243V-13 5 Agenda Items 9.A&B Ilia er Ci014711 ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING & ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: APRIL 4, 2013 SUBJECT: 2012 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS (ADOPTION HEARING) ELEMENTS: FUTURE LAND USE ELEMENT (FLUE) AND FUTURE LAND USE MAP Transmittal hearings on these amendments were held on November 1, 2012 (CCPC, Collier County Planning Commission) for both petitions CP-2012-1 and CP-2012-3; and, January 8, 2013 (BCC, Board of County Commissioners) for both petitions CP-2012-1 and CP-2012-3. The respective Transmittal recommendations/actions are presented further below, following each petition number and title. Within the CCPC binder you will find the Transmittal Executive Summary from the January 8, 2013 BCC hearing and certain attachments referenced therein, and the Transmittal CCPC staff report for each petition, all of which provide staffs detailed analysis of each petition. REVIEW AGENCY COMMENTS LETTERS: After review of the Transmitted GMP amendments, the Florida Department of Economic Opportunity (DEO) rendered its Comments Letter indicating "no comment" within the Agency's authorized scope of review, as did the Florida Department of Agriculture and Consumer Services, Florida Department of Transportation, and South Florida Water Management District. The remaining review agencies did not provide a Comments Letter. The Comments Letters received are located within the CCPC binder. PROPOSED AMENDMENTS A. PETITION CP-2012-1 (PL20120000371), 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." [Coordinator: Michele Mosca, AICP, Principal Planner] Agenda Items 9.A&B The subject site was rezoned in 2011 to P, Public Use zoning district, and a scrivener's error ordinance was approved in 2013. The site will contain a passive park with facilities including trail/boardwalk, kayak launch, restrooms and parking lot. TRANSMITTAL STAFF RECOMMENDATION: Transmit to DEO. CCPC RECOMMENDATION: Transmit to DEO (vote: 8/0). BCC ACTION: Transmitted to DEO (vote: 5/0), per CCPC recommendation. ADOPTION STAFF RECOMMENDATION: Adopt as transmitted. B. PETITION CP-2012-3 (PL20120001213), 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. [Coordinator: David Weeks, AICP, GMP Manager] 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/GIRO, 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 only in the LDC allows for a site-specific request for deviation or variance, which can be evaluated on a case by case basis. 2 Agenda Items 9.A&B TRANSMITTAL STAFF RECOMMENDATION: Transmit to DEO. CCPC RECOMMENDATION: Transmit to DEO (vote: 8/0). BCC ACTION: Transmitted to DEO (vote: 5/0), per CCPC recommendation. ADOPTION STAFF RECOMMENDATION: Adopt as transmitted. STAFF RECOMMENDATION OVERALL: That the CCPC forward petitions CP-2012-1 and CP-2012-3 with a recommendation to adopt as transmitted; and, to transmit both petitions to the Florida Department of Economic Opportunity. Prepared By: `�` ��,� --"` Date: 3 2.e /3 David Weeks, AICP, GMP Manager Comprehensive Planning Section Reviewed By: Date: 3- 70- e) Michael Bosi, AICP, Planning Manager Comprehensive Planning Section, and Interim Director, Planning &Zoning Department . '7—Z r_�7 Approved By. Date: J Nick Casalan ida, De y dministrator Growth Management Division/Planning & Regulation COLLIER COUNTY PLANNING COMMISSION: MR. MARK STRAIN, CHAIRMAN 2012 cycle GMPAs-Adoption(petitions CP-2012-1 &CP-2012-3). Staff Report for April 4,2013 CCPC hearing. NOTE:This cycle of petitions has been scheduled for the May 28,2013 BCC hearing. CCPC Staff Report Adoption 2012 cycle GMPAs CP-2012-1&3 G:ICDES Planning Sen ices\ComprehensivelCOMP PLANNING GMP DATA\Comp Plan Amendments12012 Cycle PetitionslCCPC Adoption dw/2-27-13&3-20-13 3 ORDINANCE NO. 13- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT FUTURE LAND USE MAP (FLUM) TO CHANGE THE DESIGNATION OF THE GORDON RIVER GREENWAY PARK TO THE CONSERVATION DESIGNATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly 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 has prepared plan amendments to the Future Land Use Map (FLUM) to change the designation of the Gordon River Greenway to the conservation designation; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on January 9, 2013 after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Map (FLUM) to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the Words underlined are added; words struck-through are deleted;d, Page 1 of 3 row of asterisks(***)denotes break in text CA public hearings of the Collier County Planning Commission held on April 4, 2013, and the Collier County Board of County Commissioners held on ; 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 these amendments to the Future Land Use Map(FLUM)in accordance with Section 163.3184,Florida Statutes. The 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 otthe 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 ot which resolution shall eective thes affirming its effective status, a copy state land planning agenoy. 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 Words underlined are added;words struck-through are deleted; Page 2 of 3 row of asterisks(***)denotes break in text CP Approved as to form and legal sufficiency: N(1 \\') Heidi Ashton-Cicko 3� Managing Assistant County Attorney CP\12-CM P-00863\19—Rev.031413 Words underlined are added;words struck-through are deleted; Page 3 of 3 row of asterisks(***)denotes break in text (a I p I T 48 S I T 47 S I T 48 S I T 49 S 1 T 50 S I T 51 S I T 52 S 1 T 53 S 1 N r g O zo i S ,9 a ' a w l l & g 8 8 8 8 8 R N o a a - § a E ry - . ° m , K CV i s < < g F $ s R m�"s ga 53 m3 a 4-Er"m-s 4 3 < Wog o f l i - g I . e i ' A it zg a1 FE NE N` $ LE 0s o" a:AR A C : ER ° < _:, i po z i a l a g s g g ? g ° is i_as a° a a g°e° gx°od g; I8 & ga r- m a <W - 8a8 8 8 N N 8 8 8 8 8 42 / V V" < I 8 8 8 2 2 8�2 8 l 1•-- _ < mu S y jE g$<; rcb ; AINf100 0888089 Al N000 3080 — W 7 m c S< 5 0 8 z Y a. S` = 0 rim/ CL W ❑■■❑ ;�❑; : I ®■I� I+ g W a ! 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' h:r Z 14111 � " * C WH W K) 111E1, II ! .4� \ N k O u u � � lf0 ` CO O 5 rc S a o Q E� V. l # m rettlial. IA 1111111/ :a�=y d f2 1. ° < , thill0111111r a J" ."w'r ' se w N �'- I gi ��:.: �”' wWN o Mex� . :fin �- �>¢ ` 1— Gulf f f N , - :bg U¢a 30 -D o U a b..•'S=N= CO ' do i mz 1 = N a5`o I S 94 1 I S L4 1 1 S 94 1 1 S 84 1 I S O9 1 I U S l5 1 I S Z5 1 I S £9 1 I ORDINANCE NO. 13- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly 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 Community Redevelopment Agency staff has prepared plan amendments to the Future Land Use Element to change the density bonuses allowed in the Bayshore/Gateway Triangle Redevelopment Overlay; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on January 9, 2013 after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the CP-2013-3 \Bayshore GMP Page 1 of 3 Rev. 5/02/13 Words underlined are added;words struck-through are deleted; row of asterisks(***)denotes break in text cq public hearings of the Collier County Planning Commission held on April 4, 2013 and May 2, 0° 2013, and the Collier County Board of County Commissioners held on May 28, 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 these amendments to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The amendments are attached hereto as Exhibit"A"and are 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 port;^n 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. 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 CP-2013-3 \Bayshore GMP Page 2 of 3 Rev. 5/02/13 Words underlined are added;words struck-through are deleted; row of asterisks(***)denotes break in text Approved as to form and legal sufficiency: gk Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" CP\12-CMP-00865\30 CP-2013-3 \Bayshore GMP Page 3 of 3 Rev. 5/02/13 Words underlined are added;words struck-through are deleted; row of asterisks(***)denotes break in text CA 1 EXHIBIT "A" CP-2012-3 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 folio, ng provisions ar e!y. 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 *** *** *** I. URBAN DESIGNATION Words underlined are added;words ctrask-thru are deleted—approved by CCPC 5/2/13. 'CAS � 2 *** *** *** 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 T riangle 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 Words underlined are added;words struslk-thra are deleted—approved by CCPC 5/2/13. 10 3 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 J .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-er-more 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; 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. Words underlined are added;words struslc-thou are deleted-approved by CCPC 5/2/13. C AO. 4 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 via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units - 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. 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" catalyst 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). 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-Pulling Road or US 41 East, are allowed to redevelop as a residential-only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in paragraph 11 except that no project may utilize more than 97 units - 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall be in the form of a PUD. b. Project site shall be a minimum of three acres. c. Project shall constitute redevelopment of the site. d. 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 paragraphs 4 and 5 above. The development 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, shall apply to all new development within the Activity Center. sus- 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 Words underlined are added;words are deleted-approved by CCPC 5/2/13. 5 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#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. -. - -. -- - 2-• :••2 , - ••.- - --_- - = _ .. _- - • - • - stories only. . ... - J. For density bonuses provided for iii 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 proiect acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density beinq sought. The difference in units per acre determines the bonus density allocation requested for the project. _- - - , = _ - --.•- • -•• •- _ _-- - -•e • - _. - _ _- - , _ 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. 40, 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, : -- =:-':- : -- : - -- 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. 4-4, 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 approved by CITC 5-2-13—clean G:\CDES Planning Services\Comprehensive\COMP PLANNING,GMP DATA\Comp Plan Amendments\2012 Cycle Petitions\CP-2012.3&GTDO changes dw/10-4-12&4-23&24-13&5-2-13 Words underlined are added;words are deleted—approved by CCPC 5/2/13. :10! 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 (MTJP) 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 Amendments12012 Cycle Petinons\BCC Transmittal dw/11-7&21-12 and 12-10-12 3 rte. r 'i TA j Agenda Item 9B. 17410'1 0,125Wy Co e-r co-girhty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: November 1, 2012 RE: PETITIION NO. PL20120000371/CP-2012-1: GORDON RIVER GREENWAY PARK GROWTH MANAGEMENT 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 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. (Refer to location map on page 2.) 1 Agenda Item 9B. A 0. 0_v 4ft •. !. q, .� • ilA milli •:? Y ■ •# 4 •°� 1 , Imo, � . f I c # i ..• • 'vbs. v.'- 'sf '!y cS P ' s r1t I: , .a ay�4t A ft , ' '��" ;4 �1 S, 1. IF / ., t w i' I 1. ° ' :,#, 1 - ■t - .. �+ F ,'.. , I - • a n - -, .. i �t 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: ,046, 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: "•" IL ichele Mos,CP,Principal Planner Comprehensi Planning Section Reviewed by: Date: l( David Weeks, AICP Growth Management Plan Manager Comprehensive Planning Section Reviewed by: — ^ C`' --' Date: 10 - t .Z — Michael Bosi, AICP Interim Director Planning and Zoning Department ( _1 /_/, 7,___7/ )0 —/ C-1 z Approved by Date: Nick Casalnguida, Administ for 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. Co er CoH-Hmy 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 Road Commercial Infil1 Subdistrict. 2 CP-2012-3 B/GTRO 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. ire 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,except as may be limited by a future zoning overlay. • . 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 s er acre. In order to be eli ible for this hit her densi the develo s ment must com s l 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 #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.: located in close proximity to US 11. maximum height of four stories. - - - - - -- : o a maximum height of four stories. c. For mixed use buildings, commercial uses are permitted on the first two stories only. g. One or more zoning overlays may be adopted winch may include more restrictive standards than listed above in Paragraphs a f. 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. 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. 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: �c").-- DATE: /0 /v iZ DAVID WEEKS, AICP, GMP MANAGER COMPREHENSIVE PLANNING SECTION PLANNING & ZONING DEPARTMENT REVIEWED BY: DATE: /v- lc'- /Z MIKE BOSI, AICP, MANAGER COMPREHENSIVE PLANNING SECTION and INTERIM DIRECTOR, PLANNING & ZONING DEPARTMENT do APP' : ' DBY: Vii,_ / DATE: 1 b 2 - IZ NICK CASALANC i DA, % - ATOR GROWTH MANAGEME DIVISION Petition No: PL201 20001 21 3/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 Rev City Bonita Springs State FL Zip Code 34134 Phone Number 239.947.1144 Fax Number 239.947.0375 Email Address wamold(a�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 Aftrok Page 2 of 5 GRPGMPA G. Date subject property acquired (12/2005, 04/2006) leased 0: 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 Ci.[cu_latton_Sub_Elemer Masssransit_S_ub-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 s�-4„ ;a, 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 8Y2 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_MANAGEMEI T — --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(Le. 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). Exhibit_V F-_—.-Location-of_weafields_and-cones-of_influenr ppla dentifed-0 n-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 . LEGAL DESCRIPTION ...., , ... ... LEGAL DESCRIPTION (0.R.B. 4013, P05. 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, COWER 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.N.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, COWER COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF BULKHEAD LINE NUMBER 3" AS SHOWN AND DESCRIBED ON THE BULKHEAD UNE PLAT, RECORDED IN BULKHEAD LINE PLAT BOOK 1 AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN SOUTH 69'42'35" EAST, ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.80 FEET; THENCE RUN SOUTH 29'16'45" EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144.55 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, COWER 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 LJNE 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 III Page 1 of 2 DESCRIPTION All of Lot 97 of Naples Improvement Company's Little Farms. lying South of Golden Gate Parkway, according to the plot 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 part of Lot 97 of Naples Improvement Company's Little Farms Subdivision, according to the plat 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 Plat 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 plot 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 a concrete monument at 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 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 Forme and the Point of Ending of sold described line. Also Less and Except That part of Lot 3 of Naples Improvement Company's Little Forms subdivision as per plat thereof recorded in Plat 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. Collier County, Florida; Thence North 89'46'O0" East 74.16 feet to a point on the East right—of—way of Goodlette—Frank 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" 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') week EXHIBIT III Page 2 of 2 COPY EXHIBIT V.A. LAND USE .,w. ,. _, . _. _ _ EXHIBIT V.A. - 1111111111 re . ___ ... 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J o 1..I ° 4 J C _ curs OF MEXICO .». >,,.. _.. . .. , ..:a. Page 1 of 2 EXHIBIT V.A. '4.7' al' '-'.'.- -"Iir''' ' -'• — -"----.v --w-''''--- - " -L = ''''. ' - - 4', ' 1"- ;...,.:....1 : N t Y 1t �" " ' ' GOLDEN GATE PARKWAY 4 i i. s e E" ' �' 0 500 1000' i r 5 . r ;`' ,� / 11♦ `r" SCALE: 1' = 1000' i 4 I: -:.174.!',.F y J.,C- k � t %� 1 ',. ,\ / Q f IO aI 1 ? j.. . , fi, .a >,t_ -•s r!A ' �' .r J f J• Div f. I ...41p. - -�R`1 ' ` -- SUBJECT ,w.: Tcr- _i . . H p Y k1 JT " d 7.T..' ;,vVT.a T., 1 1ri` "r-. � _ J iB ,� _.• - thy I � �{ x 3ta e�. _ }.� - y(y' = Y r tocit 4 v f� • -* , '' 4: .0—.:. st A 4r r: !1�a:;i - c Vt.} /t R a j' v- t# IL � J :4' m Hr to I i t d S 7 !#s -� F s, 4 _� -..'.C m ! #1 P is ►/ xir.zc Via: r s f �fN 'f } fK -1 1n r• i]�L -i (i j �r i3 T t1 'ivy 1 4 •T--..-'if.' Z' �v 3 r Tz,1 cPt fir#. ar '� ti nt ptr � ;3 .6 . : _,...A‘., ..e- �� r'T # ..,. ,*am �s(� . - rte -. .` * ` ` _ SUBJECT PROPERTY 12]-04 ACRES - I EXISTING 20NWG. A(RURAL AGRICULTURAL). 123.6:ACRES 1` • `+ j t� L EXISTING FLUE URBAN RESIDENTIAL SUsoISTRucr•12365 ACRES 4- t Y t _ • PROPOSED FLUE CONSERVATION DESIGNATION- 123-6_ACRES i_ „ 'x`. EXISTING USE COUNTY PARK �9IJ000NJOMG ZONING AND LAND USE %fl 7,...7;1'j7-1.111^i -,1 2 / - MIME i ''ZONING: A(RURAL AGRICIA'URAL),MST(RURAL AGRICULTURAL WITH SPECIAL TREATMENT OVERT". A # `.. 11`N • ��. RMF{.ANO C-S(COMMERCIAL NTERAJEW ATE) } 1 USE GOlt1EN GATE PARKWAY,FREEDOM PARK,CARMILEAN GARDENS ZOO,AND SINOLEFAIALY ; j l. ';1- i! RESIDENTIAL DEVELOPMENT _ <.SOUTH 11 ZONING: G3(COMAERCLAL UiTERtED1ATE),CON(CONSEF(tlAPON).CONINTN Ni YT OVERLAY AND CRY -. Jam' T -I USE OF APLES ZONING GPFORICT CONSERVANCY OF SOUTHWEST FLORIDA,AND OFFICE•ul1]NOS ->y t \. I ZONNG: A(RURAL AGRIURTIRAL),AST(RURAL AGRICULMIRALMITN SPECIAL iMEATAEt1T OVERLAY), r .;-7 AT• �• ^ ` CON(CONSERVATIONI CON VATN AN ST OVERLAY,REF•I(RESIDENTIAL SINGLE FMRLEA RYE. ,"Y-7 ■ T-;1'•:,,---.:.,....,' 2 1 YATFI AN ST OVERLAY,RMF•N40ONE.IF(RESIDENTIAL MLLTINAMAY,CITY NAPLES Z•NNO r` ,7r� ��i 1 V DISTRICT PD AND C-4(COMMERCIAL INTERMEDIATE) -_ USE AIRPORT SE.SINGLE FAMILY AND MULTLFAMRY DEVELOPMENT,MID NAPLES COWARITV P ' q \_, V ,. ,,.., WEST ZONING: AST(RURAL AGRICULTURAL WITH SPECIAL TREATMENT OVERLAY).PIA(PLANNED UNIT DEVELOPMENT).CITY OF NAPLES ZONING DISTRICT PO MID C-4(COMMERCIAL NTERNEUTATE) USE GORDON RIVER.VACANT IEVELOPED LAND, ENGLE FANCY,THE CONSER/ANCY•F PA SOUNWEST FLORIDA MID THE CARIBBEAN GARDENS ZOO GORDON RIVER GREENWAY PARK BD.,. •-1.6oa gli nouL Springs 290.9-17.1144 1RF•w.V GradyMinor FBIt3pcn 239.690.4390 EXHIBIT V.A. �� _ME COM AMR ME RUDE Civil Engineers • Land Surveyors • Planners • Landscape Architects AERIAL PHOTOGRAPH CWT.TIP ARIL.ED DSOS(5 I CPRT.UP AL•III.LB 60031.1 OLXI?�1_tiS LI:2SIRRAAA DATE AERIAL FLOWN: DEC 2010, CC PROP APPRAISER DM VA :Awn.G Q.GradyO(Inorand,Associates,P.A. man 1 or 1 Z:\PROJ—RNYIING\GRPGMPA—CORDON RIVER PARK\DRAWINGS\EXH VAOWG 4/17/1012 11:00 Page 2 of 2 COPY EXHIBIT V1B. 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I sc1, 1 I Seri I s6ii - I sosl I sisl I szel I sssl I .-- W t 0 0 F ¢ Q E> U� h N b U 0 U COPY EXHIBIT V. C . ENVIRONMENTAL c c l 1 t . t ... 0 • . , GORDON RIVER GREENWAY PARK . . } . , COLLIER COUNTY, FLORIDA . . • , , Updated March 4, 2010 Revised September 15, 2010 Revised January 25, 2011 c. Revised March 25 2011 1 PREPARED BY I , Catrarso C")I EitNTRix nc ENTRX 2 Sarstda Cillter Blvd Shaping the Future Sarasota FL 34740 94 378 0880 entrix;:',0su ,',., PREPARED FOR 0.1ilier rc,tipty Cotter le County 1000 NaLVes FL 3$4,9 ' — lbla.***44181°14/01001 **/ I r, t 10 .7 ....•14 '.1°*'' .a*"4"41-4' -''' '101fr'"Ik. , 1 e ''. :6 Zr. ■ ; ''.'*:: '' '''::. 411 I t J4 ' J 6 3 •III TABLE OF CONTENTS PAGE Introduction 1 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 4 TABLE Table 1 Current SHWL Elevations by Wetland 13 Table 2 UMAM Impact Analysis Summary 14 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 Amok • • 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. Auulicant information i. 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,F.E. For Qualifications see Resumes(Exhibit 1) IL 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 Hat.rrltiillianis'a col Ito i!«vMcI • Page 1 of 31 i Subsection b. Mapping and Support Graphics 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" iii. 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 S (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 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 • Ienhancement,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 (FL U11/1)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 and Rural Se ttlement 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 L 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 Astok Page 7 of 31 • (Tradescantia spathacea),scorpion's tail(Heliotropium angiospermum),seashore paspalum(Paspalum vaginatum),pineland heliotrope(Heliotropium polyphylum)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(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(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 22.2 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 Aomtik 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 i. 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 verged 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 wetland 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 sail 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 61211 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 • 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(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 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(Vtis 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. S 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) 12' 1.1' WL-2(south) 1.5' 1.5' WL3 1.4' 1.1' 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' iii. 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 t,y 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 III 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 IDWL 3 Impact- 037 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 0.73 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 1. 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-Horn 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 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. iii. Identify any Wellfield Risk Management Special Treatment Overlay Zones(WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. 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 Qf 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 IIIP Page 15 of 31 • contaminant source,including the discharge or accidental release of hazardous products and hazardous wastes. Subsection g. 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 Litho bates 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 Everglades Mink Mustela vison T Wetland communities Not Likely • evergladensis including salt and freshwater Page 16 of 31 marsh,and cypress and • hardwood swamps Variety of forested communities are necessary Florida Black Bear Ursus americanus T including forested wetland Not Likely floridanus (diurnal cover)and baygalls for cover and dens Roosts in palms and hollow Eumops glaucinus ST trees,forages over variety of Low Florida Mastiff Bat floridanus habitats Large tracts of forested lands Florida Panther Puma concolor coryi E including large wetlands for Not Likely , diurnal refuge Abundant grasses at edge of I Sherman's Short-tailed Blarina carolinensis SSC basin and depression marshes Not Likely Shrew shermani and mesic flatwoods Trichechus manatus Coastal water,bays and rivers Florida Manatee(West latirostris(syn. E including warm water refugia High Indian Manatee) Trichechus manatus) (springs and cooling effluent). Birds Large areas of beach, sandbar,mud flats and American Haematopus palliates SSC shellfish beds for foraging; Low Oystercatcher and open,sandy area for nesting Coastal waters including beaches,bays and estuaries Low Black Skimmer Rynchops niger SSC for foraging;sandy beaches • „,,,,,..,, for nesting Coastal areas for feeding in shallow estuaries and Pelecanus SSC offshore;sand spits and bars High Brown Pelican occidentalis for roosting;small island and bays for nesting in trees or on the ground Large open freshwater Rostrhamus E marshes and lakes where Not Likely Everglades Snail Kite sociablilis plumbeus apple snails persist High,sparsely vegetated sand Low Florida Burrowing owl Athene cunicularia SSC ground Grus canadensis T Prairies,freshwater marshes Not Likely Florida Sandhill Crane pyatensis and pasture lands Aphelocoma Sand live oak,scrub•and Not Likely Florida Scrub jay coerulescens T 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 IIIOpen 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 wood pecker Picoides borealis FE woodlands w/diversity of Not Likely p 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 g 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 Gulf Coast Lantana Lantana depressa var. E Dunes and sandy ridges, Low 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. E Pine flatwoods and adjacent f w flowered smallii disturbed areas L° 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 Tillandsiaflexuosa E Coastal habitats Observed Fuzzy-Wuzzy Air- Branches of trees in cypress Low Plant Tillandsia pruinosa E 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.Balcer,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 ii. .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 11 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 determinatiori 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 Sauirrelfhe 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 f significantly impact Big Cypress fox squirrels or their habitat.A Bi g 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. 10 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 ENTRIX ecologists remained vigilant ounty.As a result,E for signs that panthers are g � 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 shermani)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 31 411 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 palliates)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. S Page 24 of 31 • Everglades Snail Kite The Everglades Snail Kite(Rostrhamus sociability 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 Aositgok 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 25of31 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" mitigationlbank. 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. 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 • 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 • 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 curtissit),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.,CH2MHil1,and Turrell and Associates have all performed work on the property. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST)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 H 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 30of31 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 • F N T R I X Raymond K. Loraine PROJECT SCIENTIST • Oown to Earth.Down to&isieea s DISCIPUNEISPECIALrY 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 permitting. He has prepared assessments,wildlife inventories,natural • Project E ntitlement 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 expertise is valuable throughout the life of the project,from pre-purchase EDUCATION assessments through design and permitting to project implementation. Mr. • Interagency Basic Prescribed Loraine has contributed to the preparation of numerous Developments of Fire School,1492 Regional Impact(DRIB),Project Development and Environment(PD&E),and Z • M.S.,Zoology,University of Sector Plan studies. He also has extensive experience in wetlands and wildlife Southl?lorida,3490 • B.S.,Biology,University of permitting at the local,state,and federal levels. Kansas,1985 RELEVANT EXPERIENCE 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 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. l I .S EGI ts1„T000195P-0314i0104-�.2 Lead Ecologist Gopher Tortoise Censuses,Permitting and Land Management Recommendations on Walt 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. • Page 1 Of 2 �amin�.�r�^�r+Ao:Teveo�'+9�t�iaao,am • ENTRIX • Down to Earth.Down to Easiness.- 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. 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. • ��r. -!•-f:;f `i•' �-•- ='�'�ti. � �`�=_"_".�`r�'�"��j'r"'. Sx�-�c�t+c.�. �x�asnr;s d?�Sd'}'•� � ��-�'?-s.LS2 F.:l'y. %f i.�s. -tin_�'V.«.�'�... f�� } ��"3'^` 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. • • • • • LorolneJ'teymone Two�thne_Pepe�2010oBi9(f) Page 2 of 2 • - - I IGmiey-Hom • ci-rt 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 stormwater/environmental permits within each'of 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 ProJessionalOrganizations American Public Works Association Florida Engineering Society �n a: Special Qualifications • • More than 21 years of professional public and private experience performing roadway, stormwater,permitting,and planning Former FDOT District Five drainage design department employee • Former Sarasota County stormwater division manager • . 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. • Sluaq.Mke_condensed • KimjeyHorn J on and Assodates,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 • ' 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 1 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 multimodal 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 Kimley-Hom team responsible for coordination between the developer StwmiMke_condensed Kim ley-Horn • �r� and Associates,Inc. Michael L. Sturm, P.E. client and Sarasota County Public 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. Frultville RoadlCoburn 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 Fruitvilie 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-Horn 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 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. • SimmMee_condensed 0 f • ©—� KQnje 4Iom 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. • • • • . • SWr ANke c+ondersed RXHIBIT 2 • • 11 Pine Ridcie Pelican Bay Eal , ineyards , , kli\ --„; i,‘ li .„._ , ,tapes Mt.rii Napteis, : Y ..,.,....„,,,,‘ 4.. '44,.........seeeeossereess.yes,,..-seee.see—s 1:-C.J>s'''' ... ' I 1 Project Boundary-123.6 ac. 4-1- . Lely .,, e 7.1300 14.000 Feet I , 1 I' 0 2.1C0 4,000 Votels leo no3 r4 as eats curesets1 errs we sessetee es o nee re warranty ROWS,sus N expo.,diedseet sesosnnts41,It s dry t3es ''.1, ENTFRIX ..;setty ten.y eses dol elay see.:et, lee use us reause o•des seep a is tee-.do Location Map '4t: , ruspenstety of Wo use,Ts esteneOnst a NI V ir esta en nes nop mon tee tears needs Ts s n Svascta cer.tef ski I Ph(944 378-0E60 ow was no crested es woe,dz. sto Gordon River Greenway Park Sraota.FL 34240 C(941)373.0731 shoed II De sort es sues II Is tee u.zs s soseenit,Its lo tett.lased sersey skid , Itseessed ty a stensed suneysi, n.sus Collier County, Florida %yaw eninx.com ree,tedey L. 3tc27 31 re,OS CPO Ski-411i.System Pr 9 2-F.f MAD 1963 WM Zone 17H te:..,, Ds!,oirtsrzo 1 t Roe.1334.szessiss F1'OAF GIS An.s'ise.11.10/*0 Cestemest 0437_/77_bealon_A_1_73110175.m00 Psoinel eldn-bes.0437477 PDF Document 0437.177_local.on 11_1_20110123pdl facaSuer ei.Sell • • EXHIBIT 3 • • • }F I, ki4 i--\. . € `- ;;•, y _; k$�. •.fir .. of csmi. 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Legend t - ih 'aL m * Palled ewncay•123.0ac H- 1850-Parks and ZOOS-t e ac.•t- a'. - s'4-4$4."St'P'�; w 3271-Sc+uJLy Ftala.no s,450%.Downy Rose Myd;e-18.6 04•F i 3272•Scrubby Val vcods,>50%Downy Rose etyn'e•8 0 et ll• $ PI 4111-0Worbed Ana Flatwoods•2.4 ac.1- 4341-H,vdvood l Cemtotous f Patrn*,axed-3384'0,- +0'"''� a x• Cif �" 5130-U1ch•0.4 as N- S. 6121-Mangrove Swamp Dndurted•72.104•1- j � ' s (C .6171-Aimed Wasand HardHoods Disturbed.7.2 ac.••: 7 • 01-1Vesand Fc,ested Mad*Onturbad-1.2 at.•1 63 Y " 7400-UaturDed Lands-43at.•L y; 3,, 7 ii: i; ,., .7430-Spoil Arcas•2.0 ac.1• e,. 8100-Parking Lot-2.5 ac.. ( «..0,}4 •' v .. ..u, '—a;-- ENTRIX Land Use Map J_./CV..•.at,J NMVFlt19 Gordon River Grecnway Park s ..r_ tom, aney7nmx: ,,.,< .,<:. 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M E • —904 L WL',I 6 v 5JoL3 +6+c'..41 -10-1 WL�.i!rtu.3�luO�00Y��W�Y[OW I�C�N/S�:M aueu biro O • RXHIBIT 8 • • ...... ,...„...,:t.i. ,. •„ ... 0 it--tliV- f -• ,.....,„ err'".•.r44/11 ' ' :4.„.. '„::4' ..9 !,,,,iiiiiii,,A,,'A.14 '..,'14 ;• 'L1.: 3. '16__.'Z:. ..: ikfrjtoWe' ::•-4-- -';',..-- ;I.. •'- --7,.E., 4„-.,.. ..'"i-k,, ,-tt.,..,..•••„,44 -•-•------.‘r eisolowto.,.. - ,.... -,,,,- I. I '. ',..t.x. . --,j.;,:•2- .: . . - - -• - 104,---00 ,4,„..moi • • •I - i.. ,*, .-...---- --- „ e ....:. . . ,...., :,---,,.- ,..1 ,,,,„ , , , , :i.,...„: . , . „.„,,, ., , i,l„P..:7' 6- , . , „ •...-f.: ; -, ..--.. ., 4 '' .. ,.. -.0.- J. Z.:-4-41 '. , „, ,,, ,.. ....--..„->v,7,.•,,,------7.-- - - • . / ,3: i- ••, k 1 i-- 1 Ail A - ifr .,,. . .,,,..,, ,,.,...„ ,.,. .i,. _ . .7„,„1„,„,41„,...,- ...„.7-,..•.,.--(,-.,,.:,-.; n i 7— :It._, .., . .: --,' .,, - •e.,40--,-s., ; -- -• ,' • ,stf, 2, *--) ,ii , ----- -, ,..,3, / ,• 4.",• .,.. _ WA-1•'' q - ...... 0„ .... '-' .," '.4-. -- .. 0 . ' b.. ' ,,,... ' .$4,A- ./ - - • 1 ; o,' . ' , • .1', 77.,..10,.. -‘`.- •....;;„-..-7`4,, V,,.-11 -.• ,_,, i .., V' ..,' . 44414'"',;i4,4',.;••■•••., . 301,,,,... , ,, -....,'., ;I. • - -• -,:- ,,,-•. „..i.04"..,.f-4V , .74 , ...'.°''''' ,;*. W`'4'.- '4' ''' ''''.S■ii . ' r ''. ' •••t 4- -','---- ,, .- , 4111 ‘ , ',: -,,,,-• •-,-,,,,!...,..-..i.':(4:. -•:,,,,::-.:',..7, ,m0 7400- 0- 77t. ' ,... gm moi11111 r' - ,. . . 411 ;41..":•4 Are7:10 . .. bur• ' `' ''''454i" ' 1•4lici.s, . - — -----;;„;, -., • ',,,,, ...., sf ., , er ").°0-'7,"•,..,-;•-i-,-'•• f' -*,' 3C; •.•", ,. ,-„,.: ,1 , • 7 i , 4.2.4iil • ,,,?•,' -- 'c,,,• • -11,,v, - sr '"R., -• ' 'e,- -f:', •• i i , .,,s . . - . . / , :.1, s.VP61** 411 Ar g ii.,'..'''.'"', ''. ,,# -'** il'1 ' ' 1.,..644.0 '' 611, .......■„ VW ,i. '''. , . V 4110 Ir•j.,,,', ... '-, ,'7 , t .. ,t, '-'4r. ....' .1 1 ':,' ,..,^ 1 .:- 7 , - 141'-'- \ . - . , \-, ----.' :• . 4 . :44-.,r+,, •-- ..',0-. •1 a ,yvt..,••,•''til"'" --v... ; - .1 --, :,,, ' ,. ..•• ... • , ., , ,.., . • 1.4 . -k,A.,, ,1t4t.:-....". • - . . ,, -,..-1,--4„,„ --- .,,,-•/'111 .••L `.:9"A. •- --•*"--0; **--; -.b*,,,, ,;, , .... ., , ...,,. . --- ,, , . af, - 1° ',..,, •-c ,*-7„. . .,, , : , . , . .. L.-- —11 ,,,„„ ,I. --:-. it.- ....= , , ,.4 , „ . 4-4 • 4 l 1, .: n't ----' :4,42'...!'N`er - i „*.• '-',..::a..,- .,,,i..t ,..., . ., • - ,.. t''' -vc• / -• .. ., ,.„, sr. Legend ArclectBeundary•123.6 ac Ar 72), II 11 '-'-' tr - ,..Z1,-• - ra ''-- __ .;;4„ .41'1, 1--`r ii 1.k?•Boardwalk•1.74 ae.A- •i..;*?'3'4. '.4trj .,. r 1 i W2•Drainage Apo..0.44 ac.A3 , . P! 14.2•North Node-2 15 ac A- , I •" 4... WA-Boatdwak.001 ac 41.. , .41f4; . -,, . . - ... , 0.! A , 4 - . W3-Kayak Node•0.21 ac 41. -4,- 11 ...„.4.: .,....,„.,,,,,' '-4, ..... • . 7i,' •Boardwal,•0 14 ac'- .9 1#/#4 :-*_, * i t N Upland Tral-192 an A- 1 . , , .. Up'and Kayak Node•10 24 ac.-14 7. 1 .,. .0. tupara Drainage AP°-0 10+7 '7- i :-. Atr. 41 I , i : e Up"aed C1rainage Setae-0 33 a+ , , ai, ,,, ._ ,11.: ' ... I..4 IP- .r k s'. ,'•;.,,„• Bridge Crossing,-0 19 ac,A. • , ; - I . - 7 - • y,e,....,,.. ....,„- .••• -ammorq,11II 0: . T r is. (1 )Carano dr It. - Natural Habitat Impact Map ENTRIX " su,,..ceta,I..,s“ivi,k, Gordon River Greenway Park s....,v I'2 IV, 1,W..i MO. „ Collier County,FL `,1,. ' ;.::,'i ,.A..:1,., , , ■ w Ga.S'nsqS*'.,a..4.4,44e.e5545345e,/.1........11....1.0.4.,.......... ... EXHIBIT 9 • • i ark, t rj +e.-' �,t .. cie i f -frt4z'.t ; 13 te " 7 • . >1ve: � X � l'{ r s* _.` - ate,•, �, ,t ... ' t r .. A ,:,,,:. • .,.t# 't"'rt b .-Nr IrF� t 3. il , R, 5 1. .} t_i. v.:1, � it `i j • 4111 'bi' , • riff ri t s t `h iii+tie a �11 # 00 V .t i z , u" s y �, "ti 1„ e• �a.. .w .' : lkr t .- H v . » 1 : i r F A' . Fax'" ,r 1 't f` to I'-a � .` 1 = Prajeat Boundary-123.61c.W r N � Prauroaa Ana-222 as ,;; t :T i•• /f,• 1650•Parks 2,0 Zcx•1.6 G• .1` n 3271-Srn064P14taoats.450%Downy Rota Mote 186ac•L dr 3272-Scrubby F4 luroads.05054 Downy Rase My.1 -0 0 at.L to 4111.044,4150Pra Fal+ccrS-244o•l ^�....- 4341-Hardm;n6 if Coadewm if Piro Mixed-3304•i• 5130-Dkh.Oaa•;... t� �` F' 6121•k'anynv,Swamp 031veed-72.1 at.•:. -'4 s All tea:, re i .<4„ F;1 6171•k4xed Wetla.-al Hra+roWS Dslurted-72 x.l •• 5301-Welana Ft:asted Maed Dslutted•1.2 ac.•4 1 7100-QStu7046 Unds-63x.L ,.4 , -. `4 . I. MCO-ParkaK7lnt-25 ac.+L 1p �' • • w: ».w.:i.,•tt E N T R 1 X Ilk.............•,..............•- Preservation Areas I rr07i'.c,-77R s I 0 471074:'4 Gordon River Greenway Park Want.,Ik.:•1 t els+;SW•r� Z �• �w Collier County,Florida iMaM5-74 04•o,w..VPa.ms?vyru3.1nox,..e-.tan 41m44w-4_141.•er4/•••••,•4 4 4..1*M1,.•774.•t•a:4•.r e•-1nwr.nw_&?14•errs.4,44'n,x • • • EXHIBIT 10 . . • • • • . • • 1 i - • 1 8 g 1 . uu kZkktuui lE - HINON 0 11 a 0 El 1 I 1 • . 1 Cho fn 0 D . . 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S y fil g x Y' 's F .� x I w.t'''' \ .14i, ,,, di 1S.. .�. '. " r�einr i+, ix i . • t, r y�[ s•lei tt® r », t4, i K' le r',.'1., ,... 4.,. ,„,,,,i, . , ily.‘ rj I, ki . l'' aF ,, ; � • • f rr i ,4 * 1 -_._. -} tt �yq, "I� `Rt _ ,pr, f.,a,.,ry Y. x'"Y '\. R.1. w a i ON 1 Plydact t:aundary-123 ac 1., - r , ° 1 4' bard 2.605 a: Mt and 6.D.6 ac+M 3 legend 5.12 2 ac.i• 1 i.. Watand 6•5034•F 4 ysd qq Uparrl A•ea.615 ac.i. :,a !'�, �$- lT . M .A ". Wetlands Map ENTRIX ` Gordon River Green'nay park as.,� v: Collier County,Florida s''•v.n±am ' Po 0,11714/27 CY:aM.ap9roRn COe u'.wMe.cG:nnln.IUC,Itl Oe..+aw>If-itl-az�. .i,Ya.CDY......,Na4..tu-Nl..�I.YS haeaftYf eTt.uGe;1..,faYN•. a '•l 01• .Uflib If: ■ • • : EXHIBIT 12 • 'tip I7 1' �A-FEa�?L c� �a \ BIG CYPRESS BASIN o I SOUTH FLORIDA WATER MANAGEMENT DISTRICT %: f4, :.fr 264()Golden Gate Parkway,Suite 205,Naples,FL 34105 \�Q$,, ,=yti/✓ (239)26i-76rlS • Suncont 721-7920 • Fax(239)268166 • t4 r.o twrnd,gov/bcb/ June 26, 2009 Amber G. Whittle, Ph.D. 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 C F3, CI i'131 3,',13.a5i",Gt):i R\1“,Boma) Dim(rrtx C'harle'.J I)aurac t.Garr.!x OM(ie=-Lee Ctnunty Alicia E.Abbott-Marco Island Liesa Priddy,Secretan -hurnAttlee Clarence S.Tears,Jr. John F Sore‘ Ill.lice Cwt, "vorte. Libby Anderson-Nark; Jon C.Stalwr,Pb.l),-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 Nfi W1 Pine Ridge FT.-7.---- _— Pelican Bay i , = F Lii , 1 1 I * . i Iltil i n e y a r ds 1 1 _ i i ILI f i - ... ' 4 iit 11 1, 1---__-„, . , . , le , ...i •'/` - , * , , ,. I 1 i 10 li I ( i i i t .-, ' 14,,,,,,, 10 i i - A,does 1 I a Naples' , - 4 , 4 4 4 44. P--S-4(-`,4k., 4\`,4-:„. , v-4 v., --- , .,,. frt."* .f,,,,,.. 'r rt- rt- • ., ,-44,---,,,--,i4.,.. .„4...t-4N-.,,,,,,...,,e ,„6,44‘..r„.S,,4, ,,,..,,,,,,,,344,....."-•,-,,:"..„‘z44'"2,...4; ., ,,,'e- ' .7,4 rt. rt, "' , a r , rt k'',rt .,, rt , . rt 1 lirrt I . , , i„I-,... • Project Boundary- 125.6 ac.I 7 Ca 14 010 Feet I I 1 I I C 4200 Warts 130 firs map era all data-.maned artri.n are seasa.ea aa a was cc veartrartry ENTRIX 155 %sr d asp.ressa fascism.reap:MI.4 art artarge a S ENTFRIX or Yahary ash,ahy darn%that may orma a. rta% of thc rtse frt h sus.11 Vas map II re Ihe sale cati Loon Map , respranseahry St the user al defames.0 the taga oh ass map meta arc unary farads aria map was cal esaated art ssrtyer Para not Gordon River Greenway Park shlufrf rt Pa steed as such a.the usar s rospartsPah, Irt attac proper fartsfec Para repartart by a Irtrtrasd saner. where Collier County, Florida ,,ed trY 11115 -i- ., ,,,,,■ ;',,,.1,,7.,,. ;,,,,, ,, ;, -' ' , ....,.-....,..„.. .,., ,irr.'.■.' • l r'r ,- ■,74, e'4•• A,,1 .rr, ,,,,, r r •C ■; ,,,,,.,,,,,, , 11414.;;Vfn; ., ..., ' "' "..• 4r. i ;,, 4 , fi' .., . ., .... ' ...1;.,.. .,i: .4', '' ',..' . ......„ „,- . ,,.... 4 1r' . . .. ., .„.. . . . .. .,. .• . . ..,.., ..., .,........- • I- 510 t1:1'''''' .-- ,i- .-, 4 1020 Feet ,.:. _I _-- 50 300 Meters } ...... tian s d map iver GreenwaY park . .. • Florida * countY, ................... .... _.._.,...--- , ,i7,-----7- , 1) ,/, th • • EXHIBIT 13 9 • _ _,,,,, , . , _: _ ,..,.. — V. e, t, I�- t�., __Libto,:_e_....:_,,,;.,..,...1„ , p d t t,� �i mo. I 4 f s n. le • I d.1-• 2 '( R s „.p t � F A , r ' ` 3 1� e t . -%,, �F . zi 1 ,<a 1 . N t f g i �~ ..� �� z«r :♦ I"204 ". • * '," �' $» y., A gym- . r 1 mot . i t aF, L sita« ; t ` R ;pr t '� b I' 'k M9 ,, 1.-i,./ A 1 4i av+° # . ww ',V:t."4.‘,. 1,...'N 7i,''''...11-.'. iia,„:„.• ,'_•. , ,-' ''''y",.T:'"---\----:'iil. \.1 ,i1. ,........, i, • " ,..7 -., .... *........1,0, ,7{.4,., '' /it --. .+Nlilitlililits1(4- ofik t �� L F per{ I. • sty } Cd 6N11ljSry 1236 aC..1. -,' a 1 �j`, � ,•: w - Nhtlartl Ind ds-2.3 ac+- d ° S F i. 'IV ae , .. 41 lYat;and Shaao kn ac13-ter 1- «'Y' ,'$ • .V-,.u.ipealre"^ latimommol.m..- �;• .a{ k ms se ]i0 IFM H t I ia a l ..,..r. Wetland Impacts • N T R I X Gordon River Greenery Park ! T '<�wnatarn I''nrnmc a.fmnsw t.e. Collier County.Florida wow*tn. ' ..t .�2,'r :e1 IJ:. .• Or.:tk✓.:f'asv.bm.n[..ru vtl 0en.tr':,uevu W.+.•-aHm-+puma aer.r+-a,le,p�la...re.I+Me.-aur.�nry e...�.< - �^r i..f..fa�e�b:i�na f..a l.0 • EXHIBIT 14 • • r_ • • PART I—Qualitative Description (See Section 62-346.400,F.A.G,) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park Wt-2 FLUCCs code Further classification(optional) Impact or Mitigation Site? Assessment Area Size 6121/6171 Impact-FM(a is ac);Boardwalks (3.74 ac);Pipe Installation 6.37 Temporary Impact(0.45 ad) BasinlWatershed Name/Number Affected Waterbody(Class) Special Classifcationp.e.oww,AP.other locadda.aederal decgnadon ofirpwdance) 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 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.): 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] I PART II —Quantification of Assessment Area(impact or mitigation) (See Sections 62-345.500 and.600,F.A.C.) • Application Number Assessment Area Name or Number Site/Project Name Wi--2 Gordon River Greenway Park Assessment date: Assessment conducted by: Impact or Mitigation VAF 1/16/2009 Impact-Boardwalks&Temporary Impact for Pipe Installation 0• mat 10 Moderate 7 " U' Not Present 0 • Soring Guidance Condition is less than • The based scoring what would be Condition is optimal and optimal,but sufficient to Minimal level of support of Condition I0I Insufficient wetland/surface t is suitab an what toped of fatly supports maintain most wetland/surface water pro water tlandi sus wetland suitable for the type of wetland/surface water wetlandlsurface functions wetland or surface water functions waterfunctions assessed. • .500(6)(a)Location and Landscape Support Adjacent to the Gordon River to the west, hydrotogicaliy connecting it to Welland 3 to the west and Wetland 6 to this wetland the and southeast. is surrounded by slcrubby flatwoods abuts along the eastern edges.The assessment area abuts Canal olden Gate east Parkway wlo pres or ur� • .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 741.) intrusion of Golden Gate Parkwaaya and water omtthe iImpeded Gordon River flow through Wetland runoff from freshwater spcies and the nd 2. w/o pres or • current with 7 • .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,Austrailian pine,cabbage palm and melaleuca;the subcanopy is dominated by Brazilian pepper, 2.Benthic Community myrtle, strata s dominated by saw white indigo black edieerrush,swamp fern,gumbo-limbo iant leatherrffeern and olden the herbaceous wlo pres or • current with Score=sum of above scoresl30 (rf If preservation as mitigation, For Impact assessment areas uplands,divide by 20) preservation adjustment factor= FL=delta(-0.10)x 4.22 acres= - current • or wlo•res vri h • 'djusted mitigation delta= 0'k0.422 0.67 0.57 For mitigation assessment areas Delta=(with-current] RFG=deita/(t factor x risk)= .0.10 - Form 62-345.900(2),F.A.C. (effective date] • ,00111111 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 less than is based on what would be Condition ftiliy supports optimal and optimal,but sufficient to Minimal level of support of Condition Is insufficient to suitable for the type of wetland/surface water maintain most wetland/surface water provide wetland/surface wetland or surface water functions wetland/surface functions water functions assessed waterfunctions .500(6Xa)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. w/o Ares or curren I with 7 0 .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 Welland 2. w/o Ares or current with 7 I .500(6Xc)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 dominated Brazilian 2.Benthic Community myrtle,shoe button ardisia,white indigo berry,fetterbush,gumbo-limbo and downy pepper,wax strata Is dominated catty roan myrtle;the herbaceous by saw grass,black needlerush,swamp fen,giant leather fern and golden leather fern, w/o pres or current �with"�` 1 I o score=sum of above scores/so (if If preservation as mitigation, For impact assessment areas uplands,divide by 20) current Preservation adjustment factor= or w/o ores wi)h Adjusted mitigation delta= FL=delta(-0.67)x 2.15 acres=-1.44 0.67 I I 0 if mitigation Delta=[with-current] Time lag(t-factor)= For mltigaiton assessment areas -0.67 Risk factor= RFG=des/0-factor x risk) Form 62-345.900(2),F.A.C. [effective date] • • PART 1—Qualitative Description (See Section 62-346.400,F.A.C.) • Application Number Assessment Area Name or Number Sgelproject Name WL-2 Gordon River Greenway Park Further classification(optional) Impact or Mitigation Site? Assessment Area Size FLUCCS code 29 6121/6171 Mitigation � Basin/Watershed Name/Number Affected Waterbody(Class) Special Classtficationp.eorw,AP,other iocaUsutertederal 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 and connecting is n Pt to Wetland a scrubby Setlan d5 along the southeast. edges.ally'this wetland abuts the Golden Gate Canal Assessment area description trees.s.Disturbed mixed Iwetiaap hardwoods/mangrove a e construction of the Golden Gate Canal has also disturbed this wetland evidenced by the Intrusion of some trees.pdditiona y, appears freshwater species and the extention of the wetland since the 1940's. Uniqueness (considering the relative rarity in relation to the regional Significant nearby features landscape.) none Gordon River and Naples Zoo Functions • Mitigation for previous permit/other historic use • no water quality&storage,wildlife habitat type of use,and(List st intensity of use of the nticlpated 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 assessment as narea),SSC), be found) small/medium mammals,small fish,crabs,amphibians and birds wading birds(SSC) . Observed Evidence of Wildlife Utilization(LSt•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: • • essment date(s); sessment conducted by; 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.60D,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: Mitigation VAF 1/16/2009 Scoring Guidance 0ptImal(10) Moderate(7) Minimal(4) Not Present(0) The scoring of each indicator Condition is less than ' Is based on what would be Condition Is optimal and suitable for the type of full'supports opt, sufficient to Minimal level of support of Condition Is insufficient to wetland or surface water wetland/surface water maintain most wetiand/sutface water provide wetland/surface assessed functions wetland/surface functions water functions waterfunctlons .500(6)(a)Location and Landscape Support Adjacent to the Gordon River to the west, hydrologically connected 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 llatwoods 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 pros or with park facilities and a boardwalk/nature trail will run through portions of the wetland. current with 7 ( 1 8 • .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.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 swaie,which wit treat runoff for Golden Gate Parkway,will be located adjacent to the buffer of Wetland 2. w/o pres or current with 7I .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 1. 2.BVeget Community myrtle,shoehorn madberry,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 feather 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 ( 1 Score=sum of above scores/30 (it If preservation as mitigation, uplands,divide by 20) For impact assessment areas current Preservation adjustment factor= or w/o ores with FL=delta x acres= I Adjusted mitigation delta= 0.67 0.8 ftmthgation Delta a[wkh-current ime lag(t tendon)= 1.0 For mitigation assessment areas 0.13 Risk factor= 125 RFG=delta!(t factor xrisk)= 0.104 Form 62-345.900(2),F.A.C. [effective date] FL=RFG(0.104)x 54.23=5.64 PART I—Qualitative Description (See Section 62445.400,F.A.C.) • Application Number Assessment Area Name or Number Site/Project Name WL-3 Gordon River Greenway Park Further classification(optional) Impact or Mitigation Site? Assessment Area Size FLUGCs code Impact Boardwalk-0.04 so; 0.25 6301 Kayak channel-0.21 ac Basin/Watershed Name/Number Affected Waterbody(Class) Special Classificationp.e.oFw,PR,olheracelfStaieMederai designation°rimportan* Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands,other surface water,uplands wetland abuts the Naples Zoo to the north and is surrounded by spoil and disturbed lands to the west. 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,t Assessment area description plants. Disturbed forested mix that is dominated by nuisancelexotiic vegetation and contains many landscaping p Uniqueness (considering the relative rarity in relation to the regional Significant nearby features landscape.) none Gordon River and Naples Zoo Mitigation for previous permit/other historic use Functions no water quality&storage,wildlife habitat eccie to classification t li T,SSC),Listed type of use,and(L s Intensity of use of egal Anticipated Wildlife Utilization Based assessment area and reasonably exp species Anticipated Utilization by Listed Species(List species,their legal that are representative of the ass assessment area) be found) wading birds(SSC) small/medium mammals;amphibians and birds Observed Evidence of Wildlife Utilization(List species directly observed,or other signs such as tracks,droppings,casings,nests,etc.): none dditional relevant factors: • Assessment date(s): Assessment co ucted by: 111612009 VAF Form 62-345.900(1),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-3 Impact or Mitigation Assessment conducted by: Assessment date: Impact-Boardwalk VAF 1/162009 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 Condition Is optima!and suitable for the type of fully supports optimal,but sufficient to Minimal level of support of Condition is insufficient to wetland or surface water wetland/surface water maintain most wetland/surface water provide wetland/surface assessed functions wetland/surface functions water functions 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 current I with 6 .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 r—g ,500(6)(c)Community structure 1 1. Vegetation and/or This wetland contains many nuisance/exotic and landscaping plants.The canopy is dominated by live oak, 1.Beget Community Austrairunn pine,cabbage palm,red mangrove,black mangrove,white mangrove and meiateuca;the subcanopy is dominated by Brazilian pepper,shoe button ardisia and buttonwood;the herbaceous strata is dominated by swamp lily,camphor weed,wedilia,swamp fern,giant leather fern and golden leather fern. w/o pres or current with 5 I P.— Score=sum of above scores/30 (if if preservation as mitigation, uplands,divide by 20) For impact assessment areas current Preservation adjustment factor= I or w/o ores with Adjusted mitigation delta FL=delta x acres=-0.004 0.57 I I 0,47 It mitigation • Delta=[with-current] The lag(t factor]= For mitigation assessment areas -0.10 Risk factor= RFG=delta/(t-factor k risk)= Form 62-345.900(2),F.A.C. [effective date] PART II —Quantification f Assemt Area(i p ac o r mitigation) Sections 62-346.500 .600, 0 Application Number Assessment Area Name or Number Site/Project Name �--3 Gordon River Greenway Park Assessment date: impact or Mitigation Assessment conducted by:VAF 1/16/2009 Impact Dredging • r Not Present 0 1.timal 10 Moderat= Soria a Guidance Condition Is less than The scoring of each indicator Condition is optimal and is based on what would be optimal.but sufficient to Minimal level of support of Condition Is insufficient to fully supports maintain most wetland/surface water provide wetland/surface suitable for the type of wetland/surface water wetland/surface functions water fi,nctions wetland or surface water functions weterfunctlons assessed • .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 6 to the south through the river.Additionally,this wetland abuts the Naples e Zoo to the north and is surrounded by spoil and disturbed w/o pres or �curre h 5 • .500(6(n/afo ter 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 3 .500(6)(c)Community structure This wetland contains many nuisance/exotic and landscaping plants.The canopy Is dominated by live oak, 2. Vegetation muni dominated pine,cabbage pper shoe button ardisla end buttonwood;the mangrove us strata lis subcanopy Is swamp 2.Benthic Community dominated by Bray,camphor peep lily,camphor weed,wedilla,swamp fern,giant leather fern and golden leather fern. w/o pres or current with 0 If preservation as mitigation, For impact assessment areas Score=sum of above scores/30 Of Pre uplands,divide by 20) Preservation adjustment factor= FL=delta(-0.30)x 0.21 acres=0.063 current or w/o.res with Adjusted mitigation delta= . 0.57 0.27 6i ,•ion For mitigation assessment areas Delta=(with-current! • Time tag(Vector)= RFG=delta/(t-factor x risk)= -0.30 Risk factor= Form 62-345.900(2),F.R.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 6301 Mitigation 0.95 BasinWatershed Name/Number Affected Waterbody(Class) Special Classificationp.e.orw,AP.olherbca1/sIateIederal 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 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 • *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(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),F.A.C. (effective date) PART II —Quantification of Assessment Area(impact or mitigation) (See Sections 62-345.500 and.600,F.A.C.) Application Number Assessment Area Name or Number Site/Project Name WL-3 Gordon River Greenway Park Assessment date: impact or Mitigation Assessment conducted by: VAF 1/16/2009 Mitigation . Scoring Guidance O•timal 10 Moderat,t.4 Minimal 4 Not Present 0 Condition is less than The scoring of each indicator Condition Is optimal and optimal,but sufficient to Minimal level of support of Condition is insufficient to is based on what would be fully supports maintain most wefiand/surface water provide wetland/surface suitable for the type of wetland/surface water wetland/surface functions water functions wetland or surface water functions yvaterfunctions assessed • .500(6)(a)Location and Landscape Support south through the the Gordon iver.Additionally,this wetland abuts the Naples Zoo tWetland the north and Is surrounded by spot to erg 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 CUM kit Mall 5 .600(6)(b)Water Environment • (n/a for uplands) • This wetland is hydrologically disturbed dresto restoring hydrology.enhancement,the adjacent spoil will w/o pres or • current with nil ICI . .500(6)(c)Community structure This wetland contains many.nuisance/exotic vegetation and landscaping plants.The canopy is dominated by live oak,Austrailien pine,cabbage palm,red mangrove,black mangrove,white mangrove and melaleuca;the 1.Vegetation and/or subcanopy is dominated by Brazilian pepper,shoe button ardisia and buttonwood;the herbaceous strata is 2.t3enthic Community enhancement,swamp is area will bepmaiintai maintained xcluding nu�ssance/exotileather egetation and andscnaping plants fern.As ' allowing for desheable vegetation to recruit into those areas. w/o pres or current with © 6 — Score=sum of above scores130 (if if preservation as mitigation, For impact assessment areas uplands,divide by 20) Preservation adjustment factor ra FL 0 delta x acres= current or w/o•res t Adjusted mitigation delta — 0.57 0.7 ' m igatior I For mitigation assessment areas Delta=(with-current] Time lag(t-factor)= 1.0 III =delta/(t factor x risk)=0.10 0.13 Risk factor= 125 FL=RFG(0,13)x 0.95 acres=0.124 Form 62345.900(2),FAC. (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-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 ClassificatlonpsoFw,AP,alhertocaVstatefederal Corkscrew Regional Ecosystem designation or 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 melaletrca.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 IIFunctions 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 classification(E,T,SSC),type of use,and intensiy of use of the be found) xpected to assessment area) smalUmedium 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 1116/2009 SForm 62-345.900(1),FA.C, [effective date) 1 i PART II -Quantification of Assessment Area(impact or mitigation) (See Sections 62-345.500 and.600,F.A.C.) • Application Number Assessment Area Name or Number Site/Project Name WL-4 Gordon River Greenway Park Assessment date: Impact or Mitigation Assessment conducted by: mitigation VAF 1/16/2009 Scoring Guidance 0.Eimal 10 Moderate 7 rlM111111 Not Present 0 Condition Is less than The scoring of each indicator Condition is optimal and optimal,but sufficient t to Minimal level of support of Condition is insuf6aent to Is based e for what would be fully supports maintain most wetland/surface water provide wetland/surface suitable for the type of wetland/surface water wetland/surface functions water functions wetland or surface water functions waterfuneGons assessed .500(6)(a)Location and Landscape Support Wetland 41s an Isolated system located east of Wetland 2 and surrounded by scrubby flatwoods.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 wit NM 8 .500(6)(b)Water Environment • (n/s for uplands) This wetland Is hydrologically disturbed due to the invasion of melaleuca.As enhancement,the melaleuca will e removed and native species will be planted,thus allowing normal hydrological conditions. w/o ores or current with 5 8 .500(6)(c)Community structure This wetland Is infested with nuisance/exotic vegetation;specifically,melaleuca and downy rose myrtle.The 1. Vegetation and/or canopy is dominated by cabbage palm,slash pine and melaleuca;the subcanopy is dominated by wax myrtle, 2.Benthic Community juvenile melaleuca,and downy rose myrtle;the herbaceous strata is dominated by swamp fern and black needle rush.As enhancement,nuisance/exotic vegetation removed and desirable vegetation will recruit Into the wetland. wlo pres or current • 8 If reservation as mitigation, For impact assessment areas Score=sum of above scores/30 (If p uplands,divide by 20) Preservation adjustment factor= FL=delta x acres= • current or 0.r-s Wi Adjusted mitigation delta= 0.50 0.8 For mitigation assessment areas Time lag(t-factor)= 1.0 Delta=[with-current) RFG=delta/(t factor x risk)= 0.24 0.30 Risk factor= 1.25 , 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) r Impact or Mitigation Site? Assessment Area Size 6121 Mitigation 12.54 BasinNVatershed Name/Number Affected Waterbody(Class) Special Ctassificationtte.onvAP,ofherloeeVawtenederetdestpnallonotimporta nce) 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 australlian pine. Assessment area description Disturbed mangrove swamp that contains some nuisance/exotic vegetation along the edges and some spot 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 landscape.) Gordon River 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.): none • Additional relevant factors: • • Assessment conducted by: Assessment date(s): •VAF 1/16/2009 Form 62-345.900(1),F.A.C. [effective date J PART II —Quantification of Assessment Area(impact or mitigation) (See Sections 62445.500 and.500,F.A.C.) . • III Application Number Assessment Area Name or Number Site/Project Name WL-5 • Gordon River Greenway Park Assessment date: impact or Mitigation Assessment conducted by:VAF 1!1612009 mitigation • Not Present 0 0.timal 10 Moderate ti i ' S� Scorin!Guidance Condition is less than The scoring of each indicator Condition is optimal and optimal,but sufficient to Minimal level of support of Condition is Insufficient to is based e for r the would be fully supports maintain most wetland/surface water provide wetland/surface suitable for the type of wetlnd/surface water functions water functions wetland/surface wetland or surface water functions waterfunctions • assessed .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. seed source and nuisance Austrailian pine will be removed from the species will be removed from adjacent uplands eUminating the w/o pres or • mews t with .500(6)(b)Water Environment • {n/a for uplands) This wetland has spoil piles throughout and some of the ground is disturbed due to large Austraifian pines that have ,..==tisk trees fallen.hich have disturbed the surface of the wetland.Resulting in improved ihydr hydrology throughout the wetiaannd.. w/o pres or current with' . MI 11111 . .500(6)(c)Commundy structure . • This pi contains nuisance/exotic vegetation Is dominated 1. Vegetation and/or Ape� anp ne,red mangrove,black mangrove and white mangrove;the subcanopy is dominated by Brazilian pepper(along the edges)and buttonwood;the herbaceous strata is dominated by swamp fern,swamp lily golden 2.gerdhic Community leather fern and giant leather fern.As enhancement,the nuiancelexotic 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 Illa • v Score=sum of above scores/30 (if if preservation as mitigation, For impact assessment areas uplands,divide by 20) current w h ==71111:211111111 IIIMI or w!. •res Adjusted mitigation delta= 0.67 0.8 m t ga i on For mitigation assessment areas =[with-current] Time lag(t factor)= 1.0 Delta [0. RFG=dettal(t-factor x risk)=0.104 • 0.13 Risk factor= 125 FL=RFG xaaes=1.3042 Asir* Form 82-345.900(2),F.A.C. (effective date) • i • PART i—Qualitative Description (See Section 62445.400,F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-6 FLUCCs code Further classification(optional) Impactor Mitigation Site? Assessment Area Size 6121 Impact Boardwalk 0.18 Basin/Watershed Name/Number Affected Waterbody(Class) Special Ctassificationttao>:w,AP,other locaustaterredera designation ammped/eve) 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): 0,VAF 1/16/2009 Form 62-345.900(1),F.A.C. j effective date j • • • ill PART II —Quantification of Assessment Area(impact or mitigation) (See Sections 62-345.500 and.600,F.A.C.) Application Number Assessment Area Name or Number Site/Project Name VJL-6 Gordon River Greenway Park Assessment date: Assessment conducted by:Impact or Mitigation Assessment 111612009 • Impact 5corins Guidance O•tlmal 10 Moderate 711.. Not Present 0 Condition is less than The scoring of each indicator Condition Is optimal and optimal,but sufficient to Minimal level of support of Condition is insufficient to is based on what would be fully supports provide w tland/ rrface suitable for the type of maintain most wetland/surface water prov wetland/surface water functions wetlandlsurface notlons wetland or surface water functions waterfurntions assessed ,500(6)(e)Location and Landscape Support Wetland 6 is adjacent to Golden Gate Canal and spoil areas to the west and Naples Airport to the east • w/o pres or t with Igli ,500(6n/afo ter 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 K ¢., the Golden Gate Canal. w/o pres or current � • .500(6)(c)Community structure . This wetland contains spoil and nuisance/exotic vegetation along the edges.The canopy is dominated by 2. Vegetation and/or by Brazilian a pine,cabbage(along palm,red mangrove,-ime black d mangrove th�rbaceous mangrove;the dominnaated by swamp fern, 2.Benthic Community by Brdi ne pepper a core the edges), inland heliotrope,golden leather fern and giant leather fern. muscadine grape,scorpion-tail,seashore paspalum,pineland pres or current with Score=sum of above scores1 0 (it If preservation as mitigation, For Impact assessment areas uplands,divide by 24) Preservation adjustment factor= current FL=delta(-0.06)x0.18 acres=-0.011 cu or w/o,i res with Adjusted mitigation delta= 0.56 0.5 m u a on For mitigation assessment areas Delta=(with-current] Time lag(t-factor)= RFG=delta/(t-factor x risk)_ -0,06 Risk factor= 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-6 FLUCCS code Further classification(optional) Impact or Mitigation Site? Assessment Area Size 6121 Mitigation 4.82 BasinAvatershedName/Number Affected Waterbody(Class) Special Ciassificationo eoFw,AP,other ixavatemaederardesignasonmImportance) 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),FA.C. (effective date j PART 11 -=Quantification of Assessment Area(impact or mitigation) (See Sections 62-345,500 and.600,F.A.C.) ii . Application Number Assessment Area Name or Number Site/Project Name -6 [ Gordon River Greenway Park WL Assessment conducted by: Assessment date: Impact or Mitigation . VAF 1/16/2009 Mitigation Optimal(10) •� Moderate(7) Minimal(4) Not Present(0) Scoring Guidance Condition is less than The scoring of each indicator Condition is optimal and optima),but sufficient to Minimal level of support of Condition is insufficient to is based on what would be fully supports maintain most wedandlsurface water provide wetland/surface water suitable for the type of wetland/surface functions water functions wetland or surface water functions waterfundions assessed • .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 eliminated a (although the surrounding be removed)allowing for native w/o pres or • current with 6 I 1 7 .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.With enhancement,the spoil will be removed improving the connectivity to the Golden Gate Canal;thus,improving the hydrology of the wetland. • wlo pres or current with 5 .500(6)(c)Community structure , This wetland contains spoil and nuisance/exotic vegetation along the edges.The canopy is dominated by Austraillari 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-tall,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 areas will be vegetated with desirable,hydrophytic plants. w/o pres or current �wiith 6 I 1 • • If reservation as mitigation, For impact assessment areas Score=sum of above scores/30 (If P uplands,divide by 20) Preservation adjustment factor= FL=delta x acres= current or w/o pres with Adjusted mitigation delta= 0.67 1 17.7 • If mitigation F,or mitigation assessment areas I RFG=delta/(t-factor x risk)= 0.14 Delta=[with-current) Time lag(t-factor)= 1.0 0.16 Risk factor= 1.25 ," FL=RFG(0.16)x4.82 acres=0.7712 Form 62-345.900(2),F.A.C. (effective date) C • EXHIBIT 15 • • f, i ... , t . ^ i ,(, ..may �i e e it . ( #�t { e • r" 4, 4 F ilialt.'r il tfg s 4T r f ti f 3 t y� A.„,- •+ ✓'"`T'ar.a`.w"`"`��ti �° s+�. p r r if r +C... _. t }y �t++��jjyy•1 Iy tl - ; ' yF I ' JA- ' x r f� X' ,r% \Y �r F " ' ' I$ • " x . �M1 t ' t tai f (4., m t , ; v I # g �s �4' • t V . ,. a a II, 4 a !:lrg r`gv}e$ ,K y a fj • , • yan,w . �pr, . It A�+ tr 'I 9 .¢, Yes *.. 4 a r i' '' (i',:S ;� r+° it .:/cot,....10 j+$ ; '4•''r / i .runwaa.;»a" s rs�r e.P LI�.x+a blx p 4n9 f I .+ Yka w�tix'. d ... g 1 i ..•1, -..! ,..4344(\t‘'. \-.4,, . , ` !TR w'.v'Cnv'Mr..•^%.""c; 1 t 3 1. ... F",+,.. f4 aw. na,.sw.o... {ro r dt ..r y. ..tlrwa.:,.. ��( • w , Listed Species Map Gordon River Groonway Park 17,10i.a3.:r as.prsn»r' :::'..7.21',".•=4—;„,",--•.."1:„ Collier County.FL ......t,°•+� • • EXHIBIT 16 Se • 0 • GORDON RIVER GREENWAY PARK i 1 1 Gopher Tortoise Habitat Management Plan "-./.. .,.,.%_ - -- r' - y,'!'• i .k.4.4 .. ,,,..........„. 0,:k ,/ *- -" 4 . ,44" ' - ' ' '4„. ''''' ...--- •. *LI *.C• ' I ' 4 io i cirgi . - t f e., =,:5- , . , . i,), , ' .........at ":" '.... 0' • • A • • 4_117 4 . . 1 __. • 4 ..,.. _ \ r 1 - - -- 041** May; C)0-9 March 4, 2010 Revised September 13, 2010 Project Number . 0437177.00 S70A ENTRIX , C.,o e-r C.014.14.ty Down to Earth Down to Business • TABLE OFCONTENTS PAGE I. Overview 1 II. Site Description 1 Management and Unit 1 and Unit 2 1 Management Unit 3 c 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 • Gopher Tortoise Habitat Management Plan Gordon River Greenway Park Collier County, Florida Overview ENTR1X,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 Goodtette 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 (Pinus 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\177\S70B\County RAt 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\177\S70B\County RAI Jan 2011\EXhibit 16 GT plan\GT ManagementPlan 09132010.doc Page 2 of 3 I , i 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. • i • G:\0437\1771S70B\County RAI Jan 2011\EXl»bit 16 GT plan\GT ManagementPlan 09132010.doc Page 3 of 3 i. Pine Ridge Pelican Bay is a, ineyards • l F t \\\; ®Ill • ill+ 9 ". f . Naples Muni , j l,ld171L 1 ,kp 1 I Project Boundary-123.6 ac.+1- Lely 0 1,000 14,00)Feet 1 • f 4I 0 2100 4,200 Motors 3t,Y 0 1.1 to en 7 7 a.e E N T R I X temWma YS f oat to alv^y.0510)0.Ire. fppmY I�G M.0 ayml»o,l Location Map \ WpM t map.*e 6Nn set IeCne®ily of 0!O soar b dexaalr»t1 Oa nma"�"ewpmoutna,me ata na Gordon River Greenway Park v'ZSxasdaCenMrBh:d 7�.(941i378-0867 ........suet it tee users S3rxata.R.34246 I fx(94I)378.0787 raPpraal t. q eG1an d wrvereme Collier County, Florida reparod `a a kcevN turvry'/, tere y vnrNSntrix.0om .eavroe or a.. f s.,2 7�: T:.q'1>S C(ritt.:ate$y'Stor F e 21 1' MD 1983 UTM Z,tle I7t1 feet Date:01025/2311 Rev.Date'Inched,.PM VAF GIS Analyst 11t8 Map Document P 437 7771xaton_A_1 2t10Si.mod Rtyer1 Number-0437.177 PDF Document.043/_t 77 Jecei n A f 20110 12Spdf Ro:Size:101 It ceas 11 ;IN • } -.--- . tt } ti t� ;091111 "Sto cat 1 yJ� Y • J.1. i.''r �3aQ M1 �1'" a i s. — ti t j ;.. • /ler. • '''- .,„ 1..2. . ,;01 .1•• 1,-:57.*:t71! +•.. I ,g t'e` f._ - . \} . .y-»1. FA •�E" r a t`:�. t NN+ / �l �� 0. ,� k• x�. w i f ti }' < 'i stz4■c-F, k riliPIA,4 bp" ,..41(...,,4, t 1 Ai fo li,4,:.4*,,-,.:,,1 ,_ -,,,,,....1...:,'ij...1.-i' r r '`q 1 ' , +< f l ¢,4' "Gl+4d .....7.q+ j t ., cw I .D reG s*.c•II.cM t H9.Ow•IwW.)xOSYx.27 ]> I ' I1�'d K_:ts'i i R. 4Q U.f.eJY!T•' t.>it11E".� @ I �- �1 - r w .•saw it w 1 w - '" �" i E NT R I X ° Exhibit 2:Upland Preservation 1 Land Use Map �� Gorton River Gre9nway Part: w.:n•.w;-v yZ.4 =+ Collier County.FL ''•""'`"" c t+ Asa , ,Law 0.4#!,i'i,.,:.. _: i d `,. "'°' y t 4 : t. ._,:.. ..„,...y , : i ) :,1;\.ff4,‘ - '' � 't ^b �T" a ,g,.4 c .r„ . :iv , 1 r :.„,44,', , 1 Yt k ,� rp.. li• I�r:, , L 4.1i.t. r l id d J t,. . ..,...,. ,„ifiv, , .Fir ;. 4. .,...-, y4i11:::1 . a • ® .4.- ' E i.Nr"•""i.,,,,,,!, rss•.7;"--'io,as f -! - '^ . i w -,,,--gat 'I 7.5 Ai k (........* ,t,..5.t. i..j, 's nc..,e..Y,y•me.... * r Yi;rx,irwi s+n-m.F.. .; '"`wa.vw • :��1��dr,•i <, x .a.r,.u,.nwe..c 4ren..,..� , ar �F tt 0 MCW WSAW G K•■ .. �.a, >`� C4 41..VU,.“43,,N,iQOSAR ti,F WOE 51.61114,,1.Caro..[,t l% ,- i `'.CURIA uo.:ue.,wc.s mto..C.I.+owocw u,..• C ,.y t a M `tt w { .JIG, '1 i -." h . Y 4 n•.WI w M 4.0,1a. ENTRIX .»,... Exhibit 3:Upland Preservation I Soils Map Gordon River Greenway Park a...,,r:.er I a••:a.w.a+ Collier County,FL ....n.,.... • EXHIBIT 17 • • • GORDON RIVER GREEN WAY PARK Big Cypress Fox Squirrel Management Plan 41' - A ` - etti - • March 4, 2010 Revised September 13, 2010 Project Number 0437117,00 $70A • ;s:44 E N T R I X et)tiier Covrktty Down to Ear th.Down to Bt:siness. • TABLE OF CONTENT'S 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 Big Cypress Fox.Squirrel Management Plan Gordon River Greenway Park Collier County, Florida 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. I. 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(Pines 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 Plan\09132010 version\bss_bcfs Mgmt Plant 09132010.doc • Page 1 of 2 inn. 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\177\S70A\Big Cypress Fox Squirrel Mgt Plan\09132010 versioo\hss_bcfs Mgmt Plant 09132010.doc Page 2 of 2 Amsark i Pelican Bay Pine Riche a, ineyards I \ \\ 40 V. , , \ g _. ID p' es M nr Napie t . I \ l a Project Boundary-123.6 ac.+1- Leiy � C 7.000 14 OCO Fe$ I t I II 0 2100 4.200 Viten 011 map ama e*,dev untamed mrb at y _ wrPPCed as is van no warta^y.E1:0 1.Ice E N T R I X Vann,escuxns t,dcG,waatq a,disage, ' ;aintcraumsa �da,a io Location Map „. 4 , r u4. M or Ito manarsma:Va 7'` e.,n4,f01 teen.I•b agaml111,s data z act am..a as Inman,d... n. Gordon River Greenway Park asua M � I Fh 9411,178-0.EEO ( nap t w- act sled u ywla as o n« $atazna,F1.34240 be(4i1)118-0187 ma4c u to u:cd u such.0 K ma oar's \ rey«+veraa b 0aa:�.F.PM ninny Wu, YNM.OfRt4L.COm Vc-:.=, 4.Y w .,-ae a�,aan, whte Collier County, Florida tac i•uaer s-.r. °ec27 s-1 t.r„41$ 1:C01d111att3 Si/Stein Ang 2.E PIAD 19$3 UTM Zoro ITN(GO! Date.01721720!!ROa Date:xxlnlu[PM-.VAF GIS Ara:rt.J:A9 Map Document 04.37_17/_Watt,a.A_' ?2110125 mpd P'0lad limmSN 0477-177 PDF Document.0 int.:07_oenton_A/20110125 NI Flat Cleo e x11 .,.. f" f l- y t;V _. . J., .1•''''.•'-k-., "1.---4..* * 1.'"'" 0..,17:',It.1-1•""---7-7--7---, — A"--''"*".."-- : • vi F Xw2P .a.. Ni j Axa g f.. '''''''')i . ,if:':1 . ''► n 5 G (qi ii, 4 ' ,--'-''"" ',.. ' ,-',."-'•'0,?;.," i '" .. '.,; C..i".:ic -vvy at s> i ,..,,v.'p-- ir - "'-1 if il. J s ki •1/4:,1,.....!,:„..7'C, ii, -',.: ,.., ,,.,-..._ • '•Vt‘t, ''Ir ., '',•', ' '"W. • 14,.4. .... • ,, r) oe :r,i 7 01,'4.4 GA I!.., _ V= +� b t Gig 4 F r ��i�l-J c",WInioveh `ti �r ./ �� • cs•• E i.; .1 �.t..1.i it 1,.; fret ,r �i-. �.J!•; .+ �1 i'Tim t x ,,,,,74.+. !> . .. A.. .�RfT l4} y,� ba t3 x ,Q.. ti Y.! .. f"[ ' "'"! r [ n., ,. . , ":' .,4" '"-'''' 416' 41°Ak. i.. ,,,,„„ . , , . .„ . moji _ ..... .,.,n...•, t G. ,,,.a•.,.G.„C,•.,.ti.Mr..,.,-„ a ua sw+.rv..»s,-hxa.,Rwaanw 11..:.• it,. , 4-. a<: y ` F .a.p.f•ef Mew.•.•J)r•- . 31: ,an w.r.ae.l w•w..•alw+Mt..)K.,. 4I 7f ”ti l .. t •Lit i_. t F ;.rte" I • 1' ; fg• ..... _. M • ro ryryrrwIlM—ra. Yw ; r • EXHIBIT 18 co • R ER GR ENWAY PARK West Indian Manatee Management Plan I 1 E i , gg, k.�" kn >r R Lq' . p >"«: } • 4 March 4, 2010 Revised September 13, 2010 Protect Nurrwe Ct 3r .O St ct ENTI� IX Co Ifr r +:o��ty • Down to Earth Dawn to Business. • TABLE OF CONTEMN 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 • • 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:\0437\177\S70B\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. 11. 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 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 (FL)EP) 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:1043711771S70B1Manateelagw14_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. `Manatee Basics for Boaters Mtf PION • Figure 1: Example of a Manatee Awareness Sign • G:1 0437\I771S70B\Manatee\agw•14_mf manatee 09132010.doc Page 3 of 3 i Pine Rid e Pelican Bay C..,1•13 ineyards • I I • \\ • • • • tO • • \C-1--1— • \r` p1es nnt� Nale � ., k • 1 Project Boundary-123.6 ac. +V. Lely 0 7,000 14,000 Fed I r 11 0 2100 4200 bkto s Y.n map and 1 dab c J»:M WO.Yu >os tab tad,.a*owl tot ETITAX,ge E N T R I X 0• twos*dsacrny ciao"that tot damages - �a� , .n,�m" r ��°a� Location Map %jty' ' }-Ne usa er mmauo>;NS mag.ebe+t Wa „ 'ro�Cma'.bby Of no wa b aobmt no r IM °"b a rot moo . needs This ot Gordon River Greenway Park V as �&' 0''9"'� woo n m+ aa%h a,n1y e.dy to,7d 0 w uaba at a.th u b bat ear i $37TiM,J.Fl 94240 &(941)318-0187 tow:19,04y b e[!y1 row aJRdy 02'o. Collier County,/i� ! rj prepuod bl P Itersed we rut, ... Collier County, Florida Sne27,3i 4,1^.•l.eft!fix.crim .-'rd hat..ti too ad s Cc:r gate S,sta,1 1,725 e HAD 1983 UTM Ztz1,1Trl feel Dal eC1.,2'5..20 SIR er Dale.xaixAixx Ph'-'V A F 05 Analyst JMB Map Docamanl 0437_177_bcatb0_A_1 20110123:mxd Po20,1 Number:0437-t77 PDFDowrxmr 0437_177_1oestia n Al 20110125.pdf Plot Size-S.5411 i ,,.,- ". r L -"t'! ''..1'.' : e s y 4 7,,.i -' 9 I r''- ; - -a='?. �� L,.t rah 1 �ra • "?� , "d•I I +Y +Y•k'N � ''� +1 Mi v " "sf.k. . '-',.' ''' -;:-----,---;‘,'"... --.-;06:' _, ,,- r-,,..,.---- ---,..--,,--7',.7.-.--•.-.1--,- .."4-'., - ye K x. . &µi 9l iT ie t C t R «i� R ,r t_ . � . as t:. t V ■ 4-*., Da . .. ' k � +I';` + fin' "�° _r �..,' Yr� f ' fi--4i R}, \ ' :,-.- , , ::i-,..'.:', ,,.: — °'' -: , ., ' *,..,...-1--' .*:W;Iii. -.' { t I • .., � .�.. -- „•.:. ENTRIX ...e Exhibit 2:FWRI Seagrass Map «„....n�•: Gordon River Green lay Park y :.'41::°'a I 7,;;;:;:;;;;;i; u-n:E „. �,„A, Collier County.Florida °•'•""n' 44ii ' a .• ' 4 u . .,. . .. .. (.. , , ) ..„...; -,,kw.L.- ,.: ._- ., _ ,“'s S x,. i , s : lw z �e' :Y r . 4 icy` .. ,. .�. at' is • • tp. 1 i i.'., E N T R I X Exhibit 3:FWS Manatee Critical Habitat t • Gordon River Greenvray Park :.v. -1'.`:::,V.” 7.;:f. aar, (>`ISaptaarer ,,,,4,-....., Collier County,Florida pr �^ 7� "� 'r"'.'. .; ,, 7 -'—sus. _ .-:-.4.,-- .,,-;,,;;;;-,-,--;7' yrt - `� t �' � % f,44,4 t • s n } f ti (r y i t s+n .... la% '-j ' . t ' .%.::-",-ci ":,-4. ...°■',,,74,."1 I:* - - ' . a' _ i,} a t. , t • r 4 ?..: A i. I : 1 i ° •I <I i wk `4 r li � # 1 1,n 9 > T' ' e ��. ��t : F.j ,....Ayy.:« r F §g CPC 7:4 J ( a 4 ° ii 1 r •c ,� t ��.. • M Al' - rr ;ce y`^ - „r.•L� ( ,r. • ,i. ENTRIX Exhibit 4:Manatee Mortality Map il r st:r.c.--e,' nA.�:ivu..r Gordon River Greenway Perk xcra r,: rr..o+,.+ar Collier County,Florida r: ' .h� oni,7:. ,:r r4.-.7.,°,',..' ■ I • EXHIBIT 19 • , '",.."---'-'••: , . . ;,- . ..,. -,---=,;'.-=',.'.• A-.,;.'.'..,.--'....-;,..:f....-V--.4,if---, „., 1:: ,.,..',... .±A'',',",P$',',*"....i.,',1-7,.:" ?:‘ej4Alt :"7.-. ':'1'.'',,'•'''''' "-' • ' la ''',' i i GORDON RIVER GREENWAY PARK Wading Bird Management Plan 1),.. . .4 ''',..71.1'''''-;..":4*-:,,c:‘,,Ni",f.ri-:::6 1:;;;;XF-. .'0, -,..-',..1-• : ,rr rThr, ''''... ilk .n S.al.: .i'..,, „ -...,..".% t,• ,r. ,‘..A,- - ...„;o•k: - . r' ''TA'' '" • ,' ...;:c:-A,-.•:',... ,. ..1,,, -.---';:., ' "'.- : 7"!::' ''4-"- .-'''''''' • '-': ' ' 'al 4''Y ' ' ' 4 ' . ' e ;'-• -:,,,t1,• :°,-. '4' ''1: .,V.4.' *. ...,,,..'•''''_ ° '' ,••sit; 4116; ,. '' 7', ft.-.• . . • • ..,„ Iva.- -• i'-- •''''''''' ' , .....' ,- • . March 4, 2010 )t.:4j:c,..,"„,.t1.1: 1!etc0:37:4;7,70: S:fi0:., . , E N T R I X Down to Earth.Down to Business. • c,4,,)- ei, c,()14.-1,ity , . .. . .... 0 1 • 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 1 • • 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). i G:\0437\177\S70B\County RAI Jan 2011\EXI9 WADING BIRDS\bss01_Wading_Mtg_Plan.doc Page 1 of 5 Y r • 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 Utilized Occurrence 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 Sincluding 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 75.37 94.1 ii. 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),(FDOT 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:\04371177\S70B1County RAI Jan 20111EXI9 WADING BIRDS\bss01_Wading_Mtg Plan.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(Cladium jamaicense),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\1771S70B\County RAI Jan 2011\EX19 WADING BIRDS\bssol_Wading_Mtg Plan.doc Page 3 of 5 Afela • 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)Manarove 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 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. III. 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\1771.S70B\County RAI Ian 2011\EX19 WADING BIRDS\bss01 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 BIRDS\bss01_Wading_Mtg_Plan.doc Page 5 of 5 .w,. t II Pelican Ba Pine Rid e y : at ineyards • s VP • f • �y 4 es Man, Nagle h 14 Project Boundary-123.6 ac.+1- rely 0 7,000 14,000 Fee! l 1 I 11 0 2,100 4.200 lbtun Das map and al dam conaina'1 ann.sro mmsd 0417 p nstat lnTla EN T R I X �g7aL97 Oom Ms C.a.mar Turdamages n uM47CF*�„4,xm•�mmp Location Map Me Cie a7 of Ma Gfml4 map.4k* irk W 4vR�t7 of Ma v7ar b demon**N 1.. Maa on o�e';afc•vey`°'.fi4 Gordon River Greenway Park ' azsa aace°``fe'.� `a4}" �4 pw7 x04 Yom.. dh(9 fiord N be usa oa such u Is tm uses &meta•El 34240 d 941 3180197 MrPrr-0 S sas loomed a won nest. Collier county Florida .0114.s 4, au, Iry late V.\7'J,C8M3.CORS cevrolby kw, 1 Sec41 34 1:.11402 C.CCY(N71ult:8ys2on,. k^'45 F WAD 1983 VIM Zcnc ION lam Date 0725:2011 Rev Date'.,lluhu Pk.VAF CPR Anal's:J1..8 I7o Document 04311 71_bfn1anA_1 201101R.m40 Piof11.Numtat•0437.777 PDF CmumoC:C437_177 bulv7n A_1_2011012Spdl RolSi0 a.5x II r ' ; • ! ., f ,t" a It 'isr , ,. h - 4 ....... . , f '!t F e ��.` t .� r.ra t - I , :.- r .` • •-"t -,t fi te j , • 1 1 ;•. -- .._tee...... ■ et q:4.-:-k...Herc Rc kr Er,4 v bTs ' I.\:7::\\I M t T 4�t t . ' 4. , r-1,.3feO.f.. ■ w,c a sva V` • i - , , s' uwrfaeo' /or•• • 0 am...rc ; r wra..,e• 0 LaNOa '.i ipiisl,r.n V-as S, • j..; �q ENTPIX w W Wood Stork/Wading Bird Rookeries Gordon River Grcenway Park .. .r.x:-. 1 ..,f :444'1∎LO) r w•, Collier County,Florida p:..f.,Y.aq...Ln r•a..w.ra:Lf.,.._v:,M„n Ly.re,Nfi��r.s�rx)_�i s_ns.N.y f,t•ir N>.,n.Y R..+rx W�v,..».4!�l1�IaOIfMN..w Sa+.f.,, W . :1.,_ ..... ....._ „7,„-,...?,,,,,,ori,,,..„ .. v,..-7. --- 1.. ' - -;44 "�. ' r - I t Q . ,s t -, i1 c� 4 ' ' i rl r ,1 �r'1 a 4 i 1 =Y . '! i xtn r . d, µP a , s _ f iss w p a o ._,a 'r—t . 1 ris pi r u' ^" s d • g 0, ,"• ,42, i6 I rem .. R Sf" , .. • .#ks+ :..IN r Y a � % yv. err ry w ' , ''''''' '444'',..\‘', ,,,4 Preen ecunlary-173.6 ee.a, 7' ,,t ,,,...e.-,H. t,. J Welnd 2-60.6w*4- y Wa(4 rd 3.12 ac.+1- 1, I • II �� Yretnrd 4-0.6 ac.\- - tYMWrd S-12.7 ac•r- i +g. � {3l.' i fi` ^ '. Wetland 6-5.0 ac.1.- 1 R+°' 'Aq •.it job r{f !q'i Upland Araa-43.5 aa.1- f , 41 l�-(�i `, , • }__[i.Si GT-._;.. L7@1�C8$Y.la:• - t41 ".+- .y . •.. a..... -.. .Mew. i M !r= Rblrm I ,, .- ' ',:,\'' .*, , .- =»� ; ENTRIX Exhibit-3 Wetlands Map . Gordon River Groonway Park Ik n_..mcm.r•, r.:cvd:E, 4 af..n5�1 ^a-5)1t L :`F`° `:'„ Collier County,Florida =Arµ•u. on.a•v:maw�...s...IS wen..,r:.an.,,a.,...wr.••t�5....�ma-,.a.ae•,..,or,.n•�•:,.w.-rx.on,......w•.n..:.,..:,••2,r v a-•,a.,, °, 4 • lie t: it0 C `-— - J 4, s4,1. . ,, ,) •} .. N, dam-. ,,... •, ;i iv i$ 1 ab t {• ( 1 t , .7. MI° , , . . , / 1 t ..., „,_ - i , f v y, .< . s l F • 0 I At V 1 f „ yr 1 1 " V'I ' 6y fr+^ $- 'i r , { ,aa.°1",..,mow.- 3 }ENi ! d .t yr le � 4:a • W. " '111 ' a*, 4 h■ .A0 NA a i afi .ii Legend _1-1.41 _.. il Rejsct Boundary-123.6 ac 4- 1860-Parks and Zoos•l6 ac..1- �,,�. 1`��l� 1 r `L, '. 3271-Scrubby Flatwxds,.50Y Downy Rose Myrtle•18.6 ac.*1- no, u C *.s yen t :3272-Scrubby Flatwvods.n50.1,Donny Rose!Myrna-8.0 as N- _. j 4111•Dlstabnd Pine F4moads•2 4 ac.1- 4331-Nardnoed 7 Coni!ercttt 7 Pa`m Mixed-3.3 ac.•,- ii CSFi a� 5130-Dick-04 as•t. `�"�s `� 't5 Y, �,;rioil 6121-Mangrove Swamp Dun:bid-72-1 ac•1• I _ -_ • s r t 6171.Idwed Welland Hardwoods DWurbed-72an.H- SS' 7 I •.: 4a.., - 6301-Wa1and Forosted Rutted Detu t.ad-12 ac•1• / 7400-Usbabedtands-4.3ac•1- f ,4 IF t 7430-Spat Arens•2.0 ac 4 :J - . •1 8100 Parkr g 1O1.2.5 an 41 l� t' b r _ r • w 2i''.. .a.w-. .. . +if X46 ". Y��1 a- � -_. _..,.- .-.., 1 • { t 1 i ,t 7, ENTRIX Exhibit-4 Land Use Map a „;•r e Gordon River Greelxvay Park _..!,r_ •:,'''''.:° >M>M. Collier County,FL �--^' -•^ wi.rY.9Wxw 0..".,*t$*..w tflu44flWa * ML_.tlwl.It!L\110WA.w'y.d.S.sl,.W..r,FM1.awn 30!ll>_...u.tro$IHY3vM..w....f • EXHIBIT 20 • • Plan t list t of Gordon River MP Common names Scientific names Status AIR-POTATO Dioscorea bulbifera Not native WE I AMERICAN BEAUTYBERRY Callicarpa americana Native UPL AMERICAN EVERGREEN Syngonlum podophyllum Not native N/E I ARECA PALM Dypsis lutescens Not Native AUSTRALIAN UMBRELLA TREE Scheftlera actinophylla N/E I AUSTRALIAN-PINE Casuarina equisetifolia FAC WE I BALSAM PEAR Momordica charantla 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 Avicennia germinans OBL BLACKROOT Pterocaulon pycnostachyum Native BOTTLEBRUSH THREEAWN Aristida spiciformis FAC BRACKEN FERN Pteridium aquilinum FACU BRAZILIAN PEPPER Schinus terebinthifollus FAC N/E I BUSHY BLUESTEM Andropogon glomeratus Native FACW BUTTONWOOD Conocarpus erectus FACW CABBAGE PALM Sabal palmetto FAC CAESARWEED Urena lobata FACU N/E II •CALLOOSE GRAPE Vitis shuttleworthii FAC CANDYROOT Polygala nana FACW CARDINAL AIRPLANT Tillandsia fasciculata (E)FL CARROTWOOD Cupaniopsis anacardioides FAC N/E I CASTORBEAN Ricinus communis N/E II CHAPMAN'S OAK Quercus chapmanii Native CHINABERRYTREE Melia azedarach N/E II COASTALPLAIN STAGGERBUSH Lyonia fruticosa FAC COCO PLUM Chrysobalanus/taco FACW COCONUT PALM Cocos nuclfera FACU not native COINVINE Dalbergla ecastaphyllum FACW COMMON DAYFLOWER Commelina diffusa NoT Nativ FACW COMMON RAGWEED Ambrosia artemisiifolia 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 hlex cassine OBL DOGFENNEL Eupatorium caplilifolium Native FAC DOWNY ROSE.MYRTLE Rhodomyrtus tomentosa FAC N/E 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:1srg1043711771S7001dds 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 Ph/ebodium 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 Tillandsia balbisiana (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 ilLIVE 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 Swietenia mahagoni 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 hyacintholdes 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 graminifolia 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 H PARTRIDGE PEA Chamaecrista fasciculata FACU Native PASSIONFLOWER, CORKYSTEM Passiflora suberosa Native PENNYROYAL, WILD FALSE. Piloblephis rigida . Native PINELAND ACACIA Acacia pinetorum Native PINELAND HELIOTROPE Heliotropium polyphyllum FAC 0 PINGUIN Bromelia pinguin Not native PIPEWORT, HATPINS Eriocaulon spp. OBL G:\srq\04371177\S7001dds Plantlist Gordon River • PLUCHEA, SWEETSCENT Pluchea odorata FACW POISON IVY Toxicodendron radicans FAC POKEWEED Phytolacca americana UPL . POND APPLE Annona g/abra OBL PRICKLYPEAR Opuntia stricta FACU Threat.FL RECLINATA, SENEGAL DATE PALM Phoenix reclinata N/E 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 N/E 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 anglospermum 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 Vaccinlum 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 cordifolla Not native SIMPLELEAF CHASTETREE Vitex trifolia N/E II SLASH PINE Pinus elliottii FACW SMALL-LEAF CLIMBING FERN Lygodium microphyllum N/E 1 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 tenulfolium Native FACU STRANGLER FIG; GOLDEN FIG Ficus aurea Native FAC SUGARCANE Saccharum officinarum FACU not native SWAMP BAY Persea palustris OBL Native SWAMP FERN B/echnum serrulatum FACW TICKTREFOIL Desmodium sp. Native TORPEDOGRASS Panicum repens FACW NMI TREAD-SOFTLY; FINGER-ROT Cnidoscolus stimulosus Native TREMMA, NETTLETREE Trema micranthur» Native FAC TROPICAL ALMOND, WEST INDIAN Terminalia catappa N/E II. TURKEYBERRY Solanum torvum N/E II TWISTED AIRPLANT Tillandsia flexuosa (T)FL • G:Isrg1043711771S700\dds Plantlist Gordon River 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 axillaris Native WHITE]ACKET. Aniseia martinicensis Not native WHITEMOUTH DAYFLOWER Commelina erecta Native WHITEWOOD Drypetes diversifolia Endangered WILD BANYAN TREE Ficus cltrifolia 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 I Acacia auriculiformis EARLEAF ACACIA Native Acacia pinetorum PINELAND ACACIA OBL(T) Acrostichum aureum GOLDEN LEATHER FERN OBL • Acrostichum danaeifolium GIANT LEATHER FERN N/E I Alblzla lebbeck WOMAN'S TONGUE . Native UPL Ambrosia artemislifolia COMMON RAGWEED Native FACW Andropogon glomeratus BUSHY BLUESTEM Not native Aniseia martinicensis WHITE]ACKET OBL Annona glabra POND APPLE N/E II Antigonon leptopus CORAL VINE FAC WE I Ardisia elliptica SHOEBUTTON FAC Aristida spiciformis BOTTLEBRUSH THREEAWN FAC Aristida stricta WIREGRASS Native Endemic Asimina reticulata 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 serrulatum SWAMP FERN • Not native Bromelia pinguln 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 Carlca papaya PAPAYA FACU Carphephorus corymbosus FLORIDA PAINTBRUSH FAC Native Cassytha filiformis LOVE VINE FAC N/E I • Casuarina equisetifolia AUSTRALIAN-PINE Native 1 G:\srq\0437117713700\dds Plantlist Gordon River Cenchrus echinatus SOUTHERN SANDBUR FACU Native • Chamaecrista fasciculata PARTRIDGE PEA FACU Native Chamaecrista nictitans SENSITIVE PEA FAC Chlococca alba SNOWBERRY FACW Chrysobalanus icaco 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 aslat/ca LATHERLEAF; ASIAN NAKEDWOOD NoT Nativ FACW Commelina diffusa COMMON DAYFLOWER Native Commelina erecta WHITEMOUTH DAYFLOWER FACW Conocarpus erectus BUTTONWOOD FAC N/E I Cupaniopsis anacardioides CARROTWOOD FACW Dalbergla ecastaphyllum COINVINE Not native Delonix regia ROYAL POINCIANA Native Desmodium sp. TICKTREFOIL Not native Dimocarpus longan LONGAN Not native N/E I Dloscorea bulbifera AIR-POTATO OBL Native Distichlis spicata SALTGRASS Endangered Drypetes diversifolia WHITEWOOD Not Native Dypsis lutescens ARECA PALM Not native Emilia fosbergii FLORIDA TASSELFLOWER OBL Eriocaulon spp. PIPEWORT, HATPINS Native Eugenia axillaris WHITE STOPPER Native . " Eugenia foetida SPANISH STOPPER Native FAC Eupatorium caplllifolium DOGFENNEL FAC Ficus aurea STRANGLER FIG Not native Ficus benghalensis BANYAN TREE Native FAC Ficus citrifolia WILD BANYAN TREE N/E I Ficus microcarpa INDIAN LAUREL Native FAC Fimbristylls cymosa HURRICANEGRASS FAC Forestiera segregate FLORIDA SWAMPPRIVET Native Hamelia patens FIREBUSH FACU Hel/otroplum angiospermum SCORPIONSTAIL FAC Heliotropium polyphyllum PINELAND HELIOTROPE N/E II Hemarthria altissima LIMPOGRASS Native FACU Hyperlcum 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 Junlperus virginiana RED CEDAR N/E II Kalanchoe spp. LIFE PLANT OBL Laguncularia racemosa WHITE MANGROVE FACU N/E I Lantana camara LANTANA N/E Ii Leucaena leucocephala LEADTREE Native Liatrls tenuifolia SHORTLEAF GAYFEATHER Native Licania michauxii GOPHER APPLE Native Lygodesmia aphylla ROSE-RUSH N/E I • Lygodium microphyllum SMALL-LEAF CLIMBING FERN. FAC G:1srg10437\17713700\dds Plantlist Gordon River • WLyonia ferruginea RUSTY STAGGERBUSH FAC Lyonia fruticosa COASTALPLAIN STAGGERBUSH N/E II Melaleuca quinquenervia MELALEUCA, PUNKTREE N/E I,FAC Melia azedarach CHINABERRYTREE Not native Momordica charantia BALSAMPEAR Not native Monstera deliciosa CUT-LEAF PHILODENDRON FAC Myrica cerifera WAX MYRTLE FACU Threat.FL Opuntla stricta PRICKLYPEAR FAC WE 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 borbonia 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 elliott/i SLASH PINE Native Pityopsis graminifolia NARROWLEAF SILKGRASS Native . Pleopeltis polypodioides RESURRECTION FERN FACW IIIPluchea 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 chapmanli CHAPMAN'S OAK Native Quercus geminata SAND LIVE OAK Native Endemic Quercus inopina SCRUB OAK. Native Quercus minima DWARF LIVE OAK UPL Quercus virginiana 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 regia FLORIDA ROYAL PALM FAC Sabal palmetto CABBAGE PALM Native FACW Sabatia brevlfolia SHORTLEAF ROSEGENTIAN FACU not native Saccharum officinarum SUGARCANE Not native N/E II Sansevieria hyacintholdes MOTHER-IN-LAW'S TONGUE N/E I Schefflera actinophylla AUSTRALIAN UMBRELLA TREE FAC N/E I Sch/nus 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 Sor hastrum 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 Swietenla mahagoni MAHOGANY, WEST INDIAN Not native N/E I Syngonlum podophyllum AMERICAN EVERGREEN FAC, N/E I Syzygium cumin! JAVA PLUM FAC,N/E II Syzygium jambos MALABAR PLUM; ROSE APPLE N/E II,FAC Talipariti tiliaceum MAHOE N/E II. .. Terminalia 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 1W 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 rotundifolla MUSCADINE GRAPE FAC Vitis shuttleworthii CALLOOSE GRAPE. FACW Xyris spp. YELLOWEYED GRASS Native Zanthoxylum fagara 41 . 1 -1)t, • - •-;;4`.; • \it Al . • ; : II • , i ■•• :;::: ttr . ft; t-A I t 1 0 • !ttlt-- ttt I` 1 tf;: „ ,••••,• . • : I ; • t ; "1, ' ' , . , 11`1. • 1 • I • t, . tt „ „ „ „ c, ••!••: • 1 c"1,0, 1 :1,10 '1 844t !,/ -•;f0,` 1-11!10,1. ° 1' 1 , '1' ; -: FFiF4 1, 1111". • F II 0,1; 1 \_J 1 19, 1 ,1 ;1" , 1; 14 *14;11' 111' 00',141; 88,1- ; ! 111; ' ..01 111, 101i1E.101. 1-1, •1440 011'0 ;;( . 1 ! ;„, 4,1 . , 41,1 j 0 'Li, 01 .001111,•,,.. 01,1 4,4F 1.4 ,,/..448, 1.1 . 4, .1 t, 2 4 '1 I I, 8 .0. 0,$1.“Eti to( i‘4°,411 ,S,, 0 .":0 •...1 11 01 0 Alo-L •-,1w I It, t',• .4444 . ,444 01,14i.: t': 4'lI 1 44 14 4 7'41 vk ;,■;t: ,,I141W,, -I pi■40,(Iro Ht fTh •...c4t k.) )4r.,■ 1 .1 1' , 1 4.8% • °,110,1, 10,1; '1-0,- lot; . -4 It oPil, it. - ; EXHIBIT 21 • •Ff+CC . Cl • FLORIDA DEPARTMENT OF STATE IEVD Kurt S.Browning hUG 2 8 2008 Secretary of State DIVISION OF HISTORICAL RESOURCES GprSt 1R 6Lica I ` Ms.Melissa Hennig August 25,2008 ' Collier County Facilities Management 3301 East Tamiami Trail,Building W . • • Naples,Florida 34112' • Re :DHR'Project File No 2008-04974/Received by DHR: August 6,2008. - A Phase II Archaeological Assessment of 8CRI063, Gordon'River Green way Parcel, t Collier Coun:ty, Florida• • 4 _ z Dear.Ms. Hennig: • g; • 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 (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.(ARC)conducted an • archaeological and historical Phase:II assessment Site 8CR 1063 on behalf of the Collier,County Parks and.Recreation Department.AHC placed seven Ixl meter excavation units within Site 8CR 1063 in order to refine the site's chronology,determine if it has significant associations with Henry Neht•ling,and to assess its eligibility for listing on the NRI-IP.After analysis of the recovered artifacts,AHC determined that Site 8CR1063 is a historic refuse site dating to the 1940's and I950`s.Because the site is too late to be associated with Henry Nehrling and lacks features,cultural strata,or research potential, ARC determined that 8CRI063 does not appear to be eligible for listing on the NRHP^ ABC recommends no further investigation of the site Based on theinformation provided,our office concurs with these determinations and finds the submitted report complete and sufficient in accordance with Chapter 1A-46,Florida • Administrative Code:: 5. 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 aniwestennan@dos:state,fl.us,or by phone at(850)245- • ;; 6333.We appreciate your continued interest in I„utecting Florida's historic properties. Sincerely, Frederick P:Gaske,Director,and ' State Historic Preservation Officer 500 S.Bronough Street • Tallahassee,FL 32399-0250 • http://www.ftheritage.com 0 Director's Office_ O Archaeological Research ; Bl Historic Preservation (850)245-6.300,•FAX:245-6436 , (850)245-6444•FAX 245-6452 •• (550)245-6333•FAX'245.6437 • • 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 V. F.EXHIBIT OTHER a -.... o 6 E 531dYN 40 AID .- 0 0 E el J Ca 1, F -4 ":.i I diiiiiiitiiiiiiiiiigfrfaliiiiiitairMniliniiiii■- --- — 1-- a u., . • f: • • ^ • l n,... 0 ta 1(4 _ \ 1' i . "., f '..,`s 0 a, I ' \ A / , II -4 Ai,....,, - I , g .,, o 0 \- E'1-' / .1 '-"Cl., ' 2 . I c.,.. ,.. I g -,.e,.:. ...,At„„ g .. 44,`...' --- §'S ‘,. --. --:= ._,.. -....„00 ,... 1; f 1 . , % Z ti i g g -..__, ..... 2 2 , N , i 6 ■ ■ g,. 1 3 e " a 4 ° „ ----... t is. fi 6 u", ' 2 ..e it',"; 5 sk Esk ,...2 ! / 1 .7.4. 1Ct ; '' \ ,,,,a, ....„. ,.._,... ' -1 -,,, •.,, 1 it- , t h ...,t, e 2 +4,... A .. s \ ■ ' ' i 1 E 7 , I , , IT R ., , , , , i I , , 1 a I , i . ,...: frl E. zJI- 5' I0 g-2r3 000C *MIA-ILL310000 • I 13 1E1,1 1 / it-oa Tao xn P-S1-.. N-21 1.-.1190 1,MM I..■ -ARO!IsC0.1:2 Cl21-011 1111-■I.-. Sa-ZIF-114 imam HMI TIAN BM. i— C..) I F.1 E .., z g >.- < v a g S n EZ ; 5 2 1 I 2 .US Hill 0 ° d 1 F- F,4, w „._, 'IS Rill ,,i i t Li 2 i'F. tn z I-- a ,„x I 2 :I < ce g-nnynoeso•R 3 „I- L.L., o mo 8 ,o CII CZ u_ K' rz a I,4 'IS R1.01 W °1/11 < < ti,t.,. U 0 t,j Lt. Z Z ..5 t-,b ro i I SO Wel!MIMI 1.. S I i 13 i x2 2t, S3IdYN g0 AID /11 ; EXHIBIT V.F. Page 1 012 NCNB ¢ Z -6 z o w O 5 Z e n 4 ° n i rn F 1 , W 1- a w I i5J . z O N h/ { _ is – •-QQ U C N =Y Y u4■■ Z i 1 y N� D v'•I _i a O g e _ P 5 1 �' It U o•z� Q6i ;+ �. - i i r / n i + t g + 1 i a`�I /� d ti__` a3nw Nome ( o� T�-_-s , t r X11 > LLg v ai ��-L —� L S ' V e ¢° c i ; n 8 Xii=_rr35�� I" - .1 s � M EW r_- 1 r ��4 1.555/138 zM�=L 1 1 W ce`.[ 1 U MI Eli-NV o - rl T- �1 IV-92 rn-a-1.0:ca-a-c,® fU 1 °°+� Ice avow a aNra!-311310000 .1 ! o...V.K ,•Sti• u+ I c � m a-�1 c-w-v-n ��-+t-t 1 133515 HLN331aW1 m-m ��0°O.�-a o v i �� dam as-..-+i o s HCS36,04 a-u a uc�.-oi r-a-o s gar 133x1`'MW �{"`'� `F E at at r r a g r -1 W EL,15500 HiN3/�3 cc K a m O O SSA kUl g 133515 WNW E H W p m b ' Q U fa OR _RS In In 1n Ku- S to II-- I- t-- OUW -a I:.4.4 U U U 3x15 w-"" O D E W LLi s..nn Z Z Z ao i UO 1 Zr3 E i z� i h — mT 1 I Be 3 i p$$ i @ smarty!O AIM 9i ill EXHIBIT V.F. Page 2 of 2 COPY - - ExHIBIT vG • •INFORMATION SUPPLEMENTAL LETTER OF AUTHORIZATION TO WHOM IT M AY 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. Signed:, ° , "~°--- Date: t Barry Willia s, Director E 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. I Signature of Applicant Barry Williams, Director Collier County Parks and Recreation Name-Typed or Printed STATE OF ( t =it ) COUNTY OF .( ) f Sworn -Fr/to and subscribed before me this day of 201 4 rr 1 t,, ,r by. IY MY COMMISSION EXPIRES: Notary Public v*r 1i%'zt SHARON UMPENHOUR MY COMMISSION+00 939534 CHOOSE ONE OF THE FOLLOWING: EXPIRES`Dece-mc€. ;,2013 •?'pr pd- bonded Thou Notary Pudic urgerwrners i 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." k. I r 3753295 OR: 3950 PG: 2563 RECOIDID in 0!lYCThL OOPS of COLLIIA MITI, FL This instrtrmcntw�spznepared 12/14/2005 at 04:31PerifIGB'! I. BROCI, CLIIC without review or opinion of title by RDJohn M.Passidomo c , Cheffy Passidomo • culls 50493375:60 Wilson&Johnson,LLP RIC TIE 70.00 P i si 821 Fifth Avenue South DOC-.70 353453.80 Naples,Florida 34102 Rata: (239)261-9300 CURVY PLSSIDOMO It ALL 821 5T1 API S #201 WARRANTY DEED UM n, 34102 THIS WARRANTY DEED,made the ( 1 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 11 Fleischman')Enterprises,4001 Carew Tower,Cincinnati,Ohio 45202,and Dorette Li.Fleischman - Viets a/k/a Dielle Fleischman Viets,as to an undivided 25.195%interest in the herein-described property,whose post office address is c/o Mr.Philip Lawrence,Inverness Counsel,14c.,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"tom 9j ' "Grantee"include all parties to this instrument and the heirs,legal il. u+ s 'sit t,- u of individuals,and the 4. successors and assigns of co. i : :e% :: WITNESSETH: That _ :' ■ ,•<in considers•ot o I..- sum of Ten Dollars(510.00) iw and other valuable considciatio ;: ,. '*-''W/11;4* ac 4' - t hereby grants,bargains, sells,aliens,remises,releases, a,i carol fie. t''c i ,;'7';:s. •.:.c -r i , _,:undivided 74.805%interest in 1. and to that certain land situa r + r g To.A$n ,.ed.,✓'e.: ; ,. ,r• .i K., ,,c by reference(the`Property ) See Composite Exhibits __ �,�a 11111• TOGETHER with all ;i-9 3• Fs.i- .h it'ai•` �4 -, aces:thereto belonging or in t _ _-(C- anywise appertaining. ti- TO HAVE AND TO HOLD, *, t: �:v ie�•� +tea t s . AND,the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said Iand in fee simple;that the Grantor has good right and lawful authority to sell and convey said land;that n • the Grantor hereby fully warrants the title to said land and will defend the same agains4the lawful claims of all persons whomsoever;and that said land is free of all encumbrances,except taxes:for the current 1 year for that portion of the Property identified by Parcel Identification No.61940200046 and taxes for K: subsequent years for that parcel and the balance of the Property;zoning and use restrictions imposed by f 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.aiid The Trust for Public Land,and any right,title or interest arising thereunder;and the Permitted Exceptions described on Exhibit B attached and incorporated heren by reference. i GRANTORS HEREBY represent and warrant that the Property is not Grantors'Florida homestead;that neither Grantors nor Grantors'family reside at the Property or on adjacent property,and =a that Grantors,in fact,reside at: s E Charles Fleischman III residence address: 9575 Cunningham Road,Cincjutnati,Ohio 45243; Dorette L.Fleischmanm Viets residence address: Over the Grass Farms,3370iitewood Road, The Plains,Virginia 20198. 1 • i Exhibit V.G. € Page 1 of 27 L I E , II t OR. f 3950 PG: 2564 .i i:.,.., t Ef r f WitenW7TESS WHEREOF,Grantor has signed and scaled these presents the day and year first above tri f. k t _a Signed,Sealed and Delivered as i r to Each Grantor in the Presence of: ., - , , , . .. Clitletiii4 '.14‘tit‘V. C Vt4.9Af / 4 1:'r .4'4 itt .:OPt34:04ital ,,,.■;ii r -.i.:. .51 --.4..1 .,. -.?. ciatrleatittiliiiiintiM f `-....,1,.. A ...,,,- .A:, .-, '„.. -.::. --.. ..: , i ...;',.:- ;.'-,,.... : ' .. 144.4.,:-.^.4",:. ,"z .: ... •i'7.:/ 1 It ITN"; '7 t ■ii- ti ' - 3t ". ..i.1 C00- r ' ' OF w:. The foregoing'6.: ..,:.ii.:-.4.i ''" -..aelcnowledged before ■: .6. .? eeday of December,2005,by Charles Flelschrnann DI,: -, . !”..,,_:,, ,41 --.,..atnigl i. or •4.145..4:01:Kieed _ Fli - i4-,.5.tir:., ;, I , ...:-. ;Public in the State of and -,, .., .;,...* ' . - ..,;..-.: i'...„,..„63,,,, .-:;.4 .itl.4: ,.,..44 0. ,. . , I ;,....,...,..._,-, teV• , TI-4,• 41;f 1-T:., '7443116g,4441.1P.i 4-'6 r r '.-. yU-D, 31::ExpireS N07THM..RSeETAWE OCF K OHIO mrmsson Expires 12/29/2009 V I , — w get, '■.- 1 k.:-. t -4/E CMG I P f 1 I t i i ..: i t i t 1:... f..: .. r ,€ r, ., t.e. _ 1 . e r :41 I , r Exhibit V.G. 1 Page 2 of 27 :„. I --- i f . OR: 3950 PG: . 2565 .. ,. si,,,.. ".:-.- to ':',1, c 4 . . .- La .....„,.,.9■ t... ,1 -1-1 II oi.'110 a Vil.' Wi.-"I'•14...•- :I- .it.----7-trwesero. mi:-.A 1'i ette.L... '. - .,•; • , V-le*is - iffikkOellirneuehmourViett .. , / ! 1. .• , .1 1-, -, .,• ,41 ".•_i.:.---- Name:: -_'. -• - i STATE OF COUNTY OF ,4. ,2. ,,,..r....f...) The foregoing instrument was acknowledged before me this /411 day of DeCember,2005,by Dorette L.Fielsehmann Viets,ailda Dielle. - , ,::. ,i! Vets,who is personally known to me or who has tiodwed_ :-..:.. _ • .- ,,-,;. . -,;,01941,1ron7:, .,,.-0:fication_ I m a NotariPublic in the ,state:or '• - :-. e :-1-..:11 -.--1P.41, - on ,. .110;=, ..;: *I. . .,.1:■).? '",1: ': ..i'' ky tedralf:;.:.*.,1* ,-e- Aft 3'1,14-4-mr,.1. • „ .. 3- . . i. -.--!.-XII . . ', * - if : : ..'• i -- ' " :a•ta "f", = .'„ ' / ', ;6. -',.':ii.., •zw,..1 '" .,i.j'.," : .!!..:. , ..• ' '; '..: , 1444:114... .jo.0 _ k Ji,OZZle)11. .. . - 4 ,f' -' ...“ i -1, ...,:;k,, • ,ircip (IC f .■ v'f..,1/41 ..," 4• :'!-•.,..,!'- 747 "0 •-fA -. -2 A ..x. :._- i • .t f., 't - - . ' .•:- ' , i ; -1. 1 i l'AystleeeiltEtfleichissna.a Wand ill•Cietiog DowelostMenrii6Deetypd - .:. L AN* [ tr [ Exhibit V.G. f : Page 3 of 27 t - OR: 3950 PG.: 2566 Exhibit A PARCEL 16- SIGN ISLAND Island in 17th Ave.fiorth,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 9, of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION, lying SouthofGolderi Gate Parkway,recorded in PlatBook 2,Page 2,Public Records ofCollier County,Florida. PARCEL 18 C The East 564 feet ofthe West 1184 feet of Lot 8,of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION, less road right-of-way granted in Official Records Book 876, Page 1718, according to the mad or plat thereof on file aria• in the office of the Clerk of the Circuit Court, recorded in Plat Book 2,Page 2,in the County,Florida. PARCEL 18 D The East 470 feet of West 1b: :8; , •9` M t t' O,tit ,u COMPANY'S-LITTLE FARMS SUBDIVISION d � oTtmfiliar Cc ,,: r1a. PARCEL 18 E ry _ _L All of Lot 8, NAPL-$E,S IMPR av tar Ct3MPA2 - y �,i =, except the West 1654 feet according to the plat thereof rec,. ..in Plat Book 2,Pa:�f ' ords of Collier County,Florida; the East and West boundary::<i .'d Pied being:to - 34 =w;o the West line of said Lot 8 (said West line of Lot S 1-ring 25.00 feet E North a rid o a ection line of Section 27,Township 49 South,Range 25 East,Collier • = 4.21'r PARCEL 18 F 1 The East 338.24 feet of the West 958.34 feet of Lot 7, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS,p*;r Plat Book 2, Page 2, Public Records of Collier County, Florida, less and except that portion deeded tp the Board of County Commissioners of Collier County,Florida described as: Commence at the N Prthwest corner of said Lot 7;thence N 89 degrees iT 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 tot 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 the PAINT OF BEGINNING. 1 } Sq i 9r Page 1 of 3 Exhibit V.G. Page 4 of 27 : OR: 3950 PG: 2567 PARCEL 18 G l North 1/2 of Lot 7,'less the West 128834 feet, NAPLES IMPROVEMENT COMPANY'S LIT t LE FARMS,as per plat thereof recorded in Plat Book 2,Page 2,Public Records of Collier County,Florida. I PARCEL 19-A thru E I Lots 3, 4, and 5 of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, according to the plat thereof recorded in Pi'lat Book 2 at Page 2, Public Records of Collier County, Florida; together with all buildings thereon; subject to the following casements 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 C y.Florida,lying Easterly and Southerly of the following described line;Commencing at a concrete.., . . t . o th 1/4 corner of Section 27,Township 49 South, t,:"a � .,b �.t . Range 25 East, Collier •_ . •� ,. -� South line of said Section North 89 degrees 26' 09" East 753.94 to a _P ..:..,t. South 0'g s 55" East 334.85 feet to a concrete monument on the South line of t''t a. •and the Point o` •;• of the described line;thence along said described line and the W.4, - s. , E It:. ^;t= d.........:.,.-parcel North 0 degrees 21' 55" West 211.1.5 feet to a concrete +t !' aF at '.t a ' est_.t or • .a described Parcel; thence along said described line 2nd the:N*. t ,>_-; �•,,,e471 North 89 degrees 38' 05" East 729.90 feet to a conccrete e:=`',ITT.' tti:::,,„7.30.4 8'05" East 13 feet more or less to the Easterly bounlary of: .t ' .,v*r` ( ,a- .:FARMS and the Point of Ending of said described Line. Y' ` PARCEL 19 F The Westerly 'A of Lot 39 and Lot t �.° ,-:.k/-:"� r� e; SUBDIVISION, Lots 41,42 and 43 and the East 45 feetVof Lot 44, a a .4E a L 6;4 "I •i -4i;g°to the map or plat thereof on file and recorded in the=office of the Clerk of the e_- . ..'°"` recorded in Plat Book 2, Page 84, in the Public Records of Collier County,Florida. AND: i z Lot 2,NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS,except area described in Deed Book 22,Page 393,Pubiid 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 Bctok 767, Pagc 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. r I PARCJL19G 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. 3 i i Page 2 of 3 1 i Exhibit V.G. Page 5 of 27 1 u OR: 3950 PG: 2568 PARCEL 19 H In North Ys of NorthjYa of Section 35,Township 49 South, Range 25 East,being at the Northwest corner of the section and run East 139825 feet;thence South 64 degrees West 1555.06 feet;thence North 664.01 feet to the place of beginning,Collier County,Florida. PARCEL 19 I Lot 6,NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION,Iess additional road right-of-way for Go4dlette-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. a PARCEL 19 J } i 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: Beginning at a point.on the South line .,ynot._is the Northwest corner of Lot 50 of GORDON RIVER HOMES per Plat F '' 4.,T �'st =Records of Collier County,Florida, run Northerly parallel to the West ;o;. m .. .li tot 2 for thence run Easterly parallel to the South line of said Lot for 180 • So e ut ~parslle �- to of said Lot for 217.5 feet to South line of said Lo thence .f.a '€g"t , f t 80'F to Point of Beginning. Being the same pr+s. es ;ii ;' ;.Page 393, Public Records of Collier County,Flo da. �. 9e I S c ,., - � .. t-of for Goodlette-Frank Road. *' b THE FOREGOING LANDS PARTI • 4 °4 s BY METES AND BOUNDS ON ATTACHED EXHLB T"A-1" ,. � s IN(PARCEL;16) ' F:lwpdocdREIF[dschu�am;d alTarccl#191C1osma? +4 �r ;i'� a�. e -FOR ALL FLEISCHMANN TO TPL DOCUMENTS.wpd ry x 1 egg S Page 3 of 3 Exhibit V.G. Page 6 of 27 1 1 .ti A • f• OR: 3950 PG: 2569 :-1-,i • . „,.. •, „..., . ?.!. ..i . . .;.t DESCIOn04 • • :.--, A portion of Soatton 35,taiinitip 44 Sade, Floor 21 rem. Colder Camay.Molds and• P.121.5.1 u.t In.14.91. ii trnpoloanont Co% tittle Fan*as rofrartiod in, Fist floral 2 at Par 2 of Gtr public it.eptes at Cater Contr."axial. axing room parecuonty drier as Mama 1 li' Pi* at VIO:flaaPoora auenw of SodSofi 31,Par**44:500/4-.Stgois 23 tot,-040..-.Catar_ItY.•;:/4000e*leset• --; 14110441241rt,alaiq a..gook Ins 0.-140 isalisk*:a 011-tasiit St-1.-.39442.I**00.4 LEOV4-3"*.ii:****at -:, .-055:1.***In nsi poitirt comp,at'ffafarii NO*Oa Cttorikact h,"it DSO.20,ot Pats 20.k.at *On*air Cal*.eisitio.Fliti44.****1.0/40.01tt Oats thi.**Ii..liii O.iiiiii.Jiatotr Pofn1. g:11100*** 611,24t . -.last. b?Ili*5440.M'ilOttiti it trii.57.4f$4,111*--IfttOrtPirtfalakleiVtia;-rnroOd:iss•iiilordos 34.-1***31-4c.:1■44,0. 2 it 60 Pea*-11***Ah it•Cad.'Ciatali2:111056#4*102 4Jr30ttetr,!bog,Pio-itailitt ta* at add Loll?a ar 7.0049 740 ko,aPOK.A as POO**.. kith* I4Ø, l hi.at II*iv**-Oivi-.0.0004** If3as2 14.00,riatilsdi*Iiimq thi.lneein*is tilitat-L.a.of tbO-looto4.***-..*--*4 tiOt4iso Irook44004_ *11•••21*.•P2,2422 kloritort rnsiratar loc.hilit-Osii at aboio noir*"40,.:A.s.u,„--0 tom,wt.,-04,,, 1/-:2C23:hitt-isarrso 11:274132/Irk- IC d1411104i 0..7242 loak,thasas.If,a2/221-12724 a.10414410.e.01.114.74;look*rnt ft24747•25t.d.iiiiisr;pt-s14604.1 bartvt.isatr-K*20421,1t4t•..i2oliasiii at OW 4aottittitSeir itscra*rot,rr::::. - -: *woo, St 42844 cli!!.4.talic■04.444344..14.e eagle%of 4007 tart*,irsoarr torfolyrt..O..igitlept OCP:Xlar „ kat.*slam 1(045242't;a Oataalia at 411.1:01 faii ,Sone*5f52131rE.a.4dl1sota of 44520 tait-Vtiortair. .1 ros-sr4ortr.,. a dara*s or*KAI*2*ha toiarioatk*sipi*icsoalit ii010a0-at -.•NrOooyt- 4 A nioia,;,, 5,..int sad lolandid goo,stliratntr‘,atta*Sa*Orista,402-44.oli.Sas:ri(SioSar.a,"creits Pan**•he-ot:-.•• i 41,0**or al 47441:hot to Va.;f4a41seai.55:tio tlio*his *.I so.o*a t vi4-4. O0402..7..Tiii4;:4 5.a*, ,.. Itsiar 22 rii.t.thsgras itretiTet.-don•soiit last 5*. O.r2stoitat or 3102.32 hat W tho-•pcirir OF 505151:0017, 4 . 1 Together WM: . ,I A portion cri tots 2,thrsaski at Masao Improomord Cea tJtO•ragas as rsatdad in Plat Boat 2 at 7094 3 at Ott Pulls nasals sl Call.'C.outay. Florio., as ova os et portion of tog 31 and 44 and a it Lola 40 t.r.uçS 42 of Gordon Rim.Morris, or mama in Piot Book 2 at Paso 54 a the Pubis Records at Costar County,Florida.Woo .. ma,.pereasiorty daaesed as Imam* " :Om*et,nor•tronsosat carrior o#stossri Mt*ast: "•. ''Ilr:Til•MH1171,11;" .. end 44 at gm Pubic& ltila■S•so-at Ciaso-troorn nark*,said.Poi* frieif:tio-:.• 4 1 "....,,,.•;4'hr a--064 GOO Pariarry2.oh* k-bikilt,a PO*ait daai at•.`aa,r4aallant oarra::14-, ••'7.VJO,,, . ,,- -- -..•- .. •.r...,AL*If.,u rodoi cAr .: .i. 4.*ine_4.k. at 440;(04.and R P*072 a-*OF. -II: ...0.(,; 6.74,P 4:r4::-&1411*O ••-:•••. 407 .,-shag tt" ..r. . -1114 5..4941 40t7uf",k Oft,.60104*--k--•1--. - - -; --4:4-1wriri:•trWipiaii:i.r. - .- . 014 stint at or O:Roo agog Coot la too$424.:.42:-,...• -- --- • •:pilal 4$414,..Wrjr*.,,,q...., . . el itlit3 • kit.**sMig 4..014 Osoi5o4,-Ot•-04114.- - :' : .. - 'ii)101.0_iiiiiii,.qh.i.t:94.-:' : South 4t-.41Fart roe:.teee•fe.a*adiat 4001,"0 -: . ..„..,,... - • . -• --• -.R454 • idoritjt arid S000t Orprit.t-0f,,op.roar.a 4100nat af.4••• - ".er:• :: •• -• --••:- ir-:- ••-•• • 0.94.Not. a Ii4400.4404 at.'1Essr2ft..at a 04(4 •.: ..100.148itrit„.: ,„..a.r. „„ .;,' : "..., -'•'...tea said .50A1* Ifigittit,••:.i tea •4keteaee*.7:i'' ' ,;::atir.-44;• 7'410111.77",:i.vrii.,-72it.II*X•I"' i ,. .. 4.1=0104...lir rzt4,1-fowl°worm it'foili....,...._,- ,a ,..,.. 5,,,_.• , . , . .. :sotto dm . i of itat•krirAddildatil of PwritiradOis 111aat ''&,`. 1 ••• • . *-• •••• r"*"1":7-:.. . ••-, • 'ha'of •pakittarifort.Paror tramp apparPirookidAP ,,. ,.' :"Ji.:._ _,., -. ,Z.,..,1? '`, . .°_,Vic•7- ( $ i.5.27*,,fri..;4 eitapok locAste4,104,..., • I.' - ..." ..,.. „ir • • -- ,. ;sow,-IA.r*:04 4.0:140f. ...*Lal:r•tir.:=.i., -.. .• Ifs. t.•;. • -,,,._ -- 7...• ' • • -.-AC:$*02 2 T Of the Podia racords of Collar Comets,.-,,,- .,--. • tOialo5...01e1:ffsiianifirt rase -.1-* • •• 'Sleet 44••• at na Hato tow or sea tot 7.a -' ' •- --...•..• 73 ti.ii;tli IN tatarioastao ,,, • - ot4:1.. feet 12155.34 fad of rat tat 7: dome lam Oto ."'_.,...' at Ow Watt 12611.24 tat 4, y...•. • a aiatorwo of 264-.74 Not lo La intsraoatAoa - lo'"," Frog at said LA 7: - 11.•11 ........W •- tho north tz, :too a sad tot 7,a distal*of 329.112 feat, , - •,•.!".` ,-, alb elm oat Ina el • : ,;;,,,-.• of yak Lat 7; ‹ Woad 5.0CrlICAM.Om,die east Inv of the • ..,....... of said Las 7.• 44stance • k. 8- - ta Ma , inionacdan wale Us south Si: of said Lot 7: •' - t.„sisal Ow mu* . * • 7. •dolma. of -105.75 foot Vs"Point e oral Praltathog ottrilitY is ' •'"-• ----alsaii.' '• .14....0' ' 6r /I" 8414"*" lc shoat of Ulm Gordan 10am Alatide soutastO oho*Vie •• , ••41c.i„.,,,,,,,„„A....„,,,40,.. .,• of Ow tkortlea Wear ,. Vat failowing eausaan ham ttio*dove raforonaad"Point e. - ‘..- r,, , ,,x."„p„,:z30 • '', - of 424.511 foot: Moo* :Sal YliP311a..• downer if 551.35 Pr% !Mows$sersrznr.. • .. .... 1 -•- foot*MOW 2.1311ried,a : &stand. of 353.03 foot to Itt totoraftedoo of Vol r.orth Ina of Iowa lows osicrtbooto Ottfaisi Naked*Soak 757 at P°1*.241 sr to.Puede neaet04„ at Coror-con‘s...Plnt1.. ...i0eisoz5istOria,5440,00li5-o oato-a 544 a;.:*. sionaoost, moo!,o,-aol0000 it-1-045(.4.4o4:: ' - . -41T_-04,,,,--mormlia*.o..:61-4,0O.oaoao.440iaio'.o. . at 111.23:fkt Is ibt 1011004114 ';5*...* ol5*.i.iaj.01-....3:Ali:,*****10.01***2 C":2610*:fie**.as • -: -falpiadtid:in.754 VOA 3'at P.4.00.2 it li*C-Piarra_trastapis at ..', • .. r taleo:card1. vPla ia:tinaittocSACtislirr, aioroa oa sow of Oik 10.44 hi fiz4*-1047t:it, ik:It*ft*,44*5*01P.47 Cao 5ardy,-Pbid.i.todice.*45575 tiii40Aibpha tot as Isparivai.It Mori tslair 2 4..1%a 54 if Ojii-Ablik tgOOOt4if:ok000*-PoincrTfIcakOo.111406040.10,1(rir4 000 04-lid:461-:40#*. .44 tiOlu at*4.-44.-_*.k 011005.-_-Ot prrAcr*I;11;,14:10.,*40-44*,etors4,01 4trrvio-4rwp.ot..14R-1.:/i4,o-too*!Roc.Varld-grik dial 04 tie*4,0t70140,--See:01 1441 kitkiimi . -- 5015,.-/.. ...4.4*1.i it rat*Ort.Ma,to.rri fotootoof05:451i41-volt-Aoo,,..C:5)5,•oostr44.-,:fo45.4 14 44•ii1*44--905*, • "'••,5*ii'-:4110n4.1-5l0144" 3*171C...{4:•4: 104.--:.iiitt.iliriri***Trineir at Mt*:tio-C..s*Al letaaa#4.4.•*RfriAt_Ii..,iriiiii. g4...it lied Aollk444.:Riopiii,mit inkrqtry.,*04 Itil-•aaeth14actst'aatil.Cakien tr.:40 111:inC■isi,.ii.4461W;Cli of 43'S.F4'jf.i.."'4-, • 14.*iReteteetha raft tea edit- 4441411'efe7,Ilito•et..tiOaleite rjaak 5*■As.tfva tt.R745744:.0.4 ade-aa,k. ay soo.***ee it 1744e* g saes t441.141k 04 o05,4p dot1-1Plk A*O-0:0Optie*O.. •*ii•*tm;4:e5.-.54-5a0:4,0155-gro4 ao 440 ol , 11.ttol&re.**-,-4* li:12‘22 task,,14:0 at a ,."4 ssol-m - oftia-€Ihino*-140744-20-E:.ithso Us 0*ith lino it *Pad&Oftdok-'11-4****•*7'3204:. kit Stade 105151Ing- lto*oiot-11/18•:.-a.-iord:VaxietiiitriOo:a tlge*Ies at 341.11 toot to 12*TOPit.•Or • . , 1 • ** Ies la MT a Sava7. Jaw.:It5 * •.i-poittloti or=non tr. 34 LifD 35, . IMOISffikir •TOITNSBIP 49 3., GE P E. t•••-■,*11■0 .01,-+4,•ii..+4.0.40. .:*"...iima-.... LA.1-- siLdliv-- .4.:_ut,.!,,,.• . ....... , -.• , ___ .. ...!........... !.... ..-#744. . ITNIEN.'-' ital.- - - W11 - =1-: 7' • t"1.- -7.:2.Wictlot • ,,,mis .... .. PIM rr "A-1" 1 i . i i . k Exhibit V.G. . Page 7 of 27 i •i . . . OR: 3950 PG: 2570 EXHIBIT B PERMITTED EXCEPTIONS 1. Rights ofiparties 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 Ricords 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(3, and 19H). 3. The ina4nable right of the public to use the navigable waters covering or adjacent to the lands (Parcels 19A-E,19-I, 18(3, 18 E, 18 A-3,19(,and 1911). 4. This polity does not insure a;;y parcel lying watervrard of the mean-high water line of the Gordon Ri - 19A-E, 19-1, 18 0, 18 E, 18 A-3, , . 19 G,ann- 1-9H). 5. Restrictions, condrn • 353:* and a cr contained on the Plat of Naples *promo"; ■ reennf:, lat Book 2, Page(s) 2, Public 6. Recordsff Collier ;.i -- . at Easement in favor 'v4% , in instrument recorded Novembir 14 195 * t : R.Book 246 Page 59 Public Records;Of Coil er ‘fel Florida(Parcel 19 - 7. Easement in favor Power & Light ers, - ;-:-. ;(1 in instrument recorded Noverribtr 14,1953 0 Page 395 Pitb T of Collier County,Florida(Parcel 19 D. 8. in favor of Florida Power 1.1.1 t Company, contained in instrument recorded NoveM14r 14,1953,Deed Book 30,Page 397,Public Records of Collier County,Florida(Parcel 19 I). 9_ Easement in favor of Florida.Power&Light Company,contained in instrument recorded June 21, 1960, 0,k1. Book 66,Page 301,Public Records of Collier County,Florida(Parcel 19 I&Parcel 19 A-E)I 10. Easemelit 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). 1 11. Easerne4t in favor of Collier County,contained in instrument recorded September 12,1985,O.R. Book 1 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,page 1696 as corrected&re-recorded at 0.R..Book 2098,Page 1826,Public Records of Collier eounty'Florida(Parcel 19 I). t 7 1 Exhibit V.G. Page 8 of 27 I 1 --a =E--. ***la: :::::-'':-..--;'''''''-' . 3950 PG: 1571 t , , 13. Right of*ntry recorded in O.R. Book 2999, Page 3091, Public Records of Collier County, Florida(17,9 A-E, 18G,18 E, 19 1, 18 A-3&19 G) i 14. Resolution No. 89-5753 recorded in O.R. Book 1603, Page 1508, Public Records of Collier County,Elorida. I 15. Right-of-Way Deed recorded in O.R. Book 66, Page 432 Public Records of Collier County, Florida_ z . 16. Order oftraldng recorded in O.R. Book 2735, Page 1135, Public Records of Collier County, Florida qarcel 19 A-E) 17. Easement in favor of City of Naples,contained in instrument recorded April 1, 1975,O.R.Book rr.: 615, Page 1572 as modified at OIL Book 785, Page 351 & OR Book 785, Page 361, Public ,la Records of Collier County,Florida(Parcel 18 E). r., 18. Easement in favor of Donald Stonebumer, et al, contained in instrument recorded January 16, 1973,0.1t Book 499,Page 56,Pit. ' :;.-..-. —-.',;Collier County,Florida(Parcel 18 C, 181) & 18 E). i „..,.. „ iAt',.t(‘-.- .A.Arbo,_ 54 -..g, 19. Easement in favor of -, i ip,..,.,,,-. c:_,....ccintaintifining...t, ......__It:m*1a November 20, 1978,OR. Book 783,Page 436,...;. ,- :-T.i.,....i.. . Collier County, 7,.;:=!-,. (Parcel 18 F). ,.. ; y4 20. Easement'nontrrined ,, ' .i,A_Lti...,,,0 . .7, t:-..-.,! ;.., _6( °.. 0.R.Book 227,Page 40, Public . Records of Collier.r.-,,.( rz.,., , ,, kirill 7 . i ,,.. .. .. 21. Easemeni in favor 4- ;•,4 6—W.. IF ,,b. t,,,!,,i i.,,-, ...,, instrument recorded May 26, 1978,O.R.Book , - ,:-, -''7..Fitibh0:-:;•,,- .-:--fCiollkit,,-1". ,Florida. (Parcel 18 F). '4 ...2 -,,,- 22. Easement contained '43..c...,,t 0#000)04,4, '.„r.f1-a. - •r% ,,a 11.Book 182 Page 881,Public Records bf Collier ,,, .;., —7-1...-40, (Parcel 18 F.). -1....., „ 23. Easement- in favor of : ; I- •..'7.-,.. .44 .--, ,40v,,, .,.=sy contained in instrument recorded '..1 .,, 49 g Ek A :,.t. , .. .. September 9, 1980, O.R. iiiiok,...-: Ate:, ,..MS.7,1 -•,Ititi ,,Records of Collier County. Florida 7,4 (Parcel tb A-E). _ fii -,,-. N .. ii 24. Any lientprovicled by County Ordinance or by Ch. 159,RS.,in favor of any city,town,village or port autliprity,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 from the following matters of survey as depicted on .f-...il -... WilsonMillor survey dated July 6,2004,revised August 15,2005,and bearing File No.4G-125A: ..ia -I 1.Drainage ditch running East and West across Parcel 19F; 2.Guy wire anchors,traffic signal r 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 _.r of Parcet 18F outside of any casement area. 4 .-.. i A ! F impiacAREWicbd...aaklat*Marcel irt9'CloarnDocsotounVonsety-Destsvpd I -,; 1 i i S 1 , ,• i _ i Exhibit V.G. Page 9 of 27 _....._____,...... ,,,...„..........._ ,...,_,.......... , ....„___. s 1 3753299 OR: 3950 PG: 25841 RECORDED is OFFICIAL RICOIDO of COLLIER COOi1TL4 It 12/19/2005 at 04:40P1 DWIGHT 1. BROCE, CURL RIC FIE 35,0 This Instrument Prepared By: DOC-.10 O 3c. Donna H. Smith = The Trust for Public Land CHEPIT PASSIDOKO IT AL X 4267 NW Federal Highway 821 5TH AVE S #201 =' -/ Box 120 , REPLES FL 34102 ,, Jensen Beach, FL 34957 Vi 1 1 : j 5 WARRANTY DEED (STATUTORY FORM-S ECTION 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. -'■ - Naples, Florida 34112, Grantee. ::::o(Wherever used herein y gra ,• "grantee" Include all the parties to this o heats, F N successors and assigns."G a MOO are : _ rand'plural,as the context requires a • : - ,,II: "e:all genders:) WITNESSETH: # `°: „r� ,,. .'s�=ra(ion of the sum of Ten Dollars:and other good and = , ,, `; :• a �0 r, R -'hand paid by said Grantee, il the receipt whereof is d: «< �, • .gr , ,-.ir.fined and sold to the said Grantee, and Gra 's --° •_ , ;• - o l �u .,_ -,,r7.:situate, lying and being in Collier County,Florida,as t..:1 r .a a`0-i a i ,,ice, "attached hereto and by this s� ; reference made a.part he . t r This conveyance Is sub f1 Fe ) easements, �iE -`, limitations and conditions of record if any now st, but any.*`,° ±�, +s th- •,.b a -0 terminated are not hereby re- imposed, (b) to takes for the dtftri< , � E a o �. � uri�ss said Grantee is exam t therefrom,(c)to the access easement p :.=described on Exhibit"A",(d)the lease -• by and between Naples-Zoo,Inc and Grantor,as such Lease has or willbbe assigned to Grantee, and (e) all:subleases(Attie Naples Zoo, Inc. parcel , Including,without limitation rights under a M A. emorandum of Lease recorded in O.OR. Book 2893, Page 916, Public Records of Collier - County, Florida. 1 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. IN WITNESS WHEREOF Grantor has hereunto set Grantor's hand and seal,the day and ' year first above wttten. i S THIS INSTRUMtNT IS EXEMPT FROM DOCUMENTARY STAMP TAXES PURSUANT TO ) CHAPTER 201.02(6), FLORIDA STATUTES. i T $0401 OF'COMM* .6T...�CONUSSIO!ERS, la - - . ' 4 i i V Exhibit .G. Page 10 of 27 , 3 I , I II .: 4 OR: 3950 PG: 2585 -1 a .. P. 1 0 45 7.,. a , 1 .b...: il Signed, sealed and delivered in THE TRUST FOR PUBLIC LAND,a 3- the presence of: i non-profit California corporation 4 __ A --' ,1 Eay-f. --...,i4_;.:-._-,z..e.. AirAi (Signatike of rust iiitrieSS) OPP 1 440111pf - .._ , j ir( fie_c_ 3e-i1Y2 IP(- Sol ow (Ptititi4 name of fiist witness) (CORPORATE SEAL) 1 .---- // . ,/...41(1,_. Ls, .. .w. (Signatt1 ' of setond ".:) , ===-:.) ,..; , lak. 0 .... i e ILA I, 1 litmassi/ /41 i . i.-43....6''' 1 'A Pri '--, of sL.corte$IN t- ,•-:4,77 .. . STATE OF FLORIDA -4 COUNTY OF C.,NN.c-r 0 ' i ak i ,-,....„,.. ! .:..4 . The foregoing instru. ., ..was : licrvitedg': ,,i,•..,:iial. = this 19th day of December, 2005, by 4 J• -- 11:',74-i' -!r.s!' ,r.- :..-: ;.. - -. : A.F 12117!t Public Land, a non-profit GivaLl14 ,...,' California cor ra. ,n, 06 :;:tiTi-. i. ,.:;-;,."- :,..`...: i'_..k. .4.74117:*it is personally known to me or has produced 1-,_--z-; -li -,c -.-,ab.4°-:. - -•--.:-,;-:, .17•;::1.n. ig , . .. -... 1 ... , i .. .. . , .. NOTARY PUBLIC 73 Wa.HOIX' -.,:w ''fi-A-461-014,.. 1 mittspcf$400.3t4440010,2:613:32.-02s- (NOTARY PUBLIC SEAL) 14 A :._■V,::',.P7g--.*0100t # *"11:21._11 i 1 A‘,. ...4 as - ,„, - Itial sufficiency . ' ifi4 -,g AtalittiiitirAtitti'Moiiitil• .• El lenIT. Chadwell A ' i 4 1 -- 4 i - I Asithw 1 2 , 1 3 Page 11 of 27 1 Exhibit V.G. i , i If OR: 3950 PG: 2586 ,,,j, x EXHIBIT "A" 5 LEGAL DESCRIPTION OF PROPERTY 1 s I i SIGN ISLAND(Parcel I.D.#17830000027) Island in 1 '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 I.Q.#61940200006 and 6194032009) Lots 3, 4 land 5 of Naples I ;'v. g C s y' Little Fairns according to the plat..!-,:- • • . .1 j-: r' 1 ••k.2 at Page 2, Public Records of Collier County, FL• r a y:�� er a 6 dings thereon; subject to the following easements • -.-......rd to Florida- P c .:- Light Company relating to 1 adjacent Lot 6: (a) • t-,...J e t"., .1'53; recorded in Deed Book 30 at Pag 395 of _ _ of . - .4 $ • '(b) t dated June 10th, v. 1953, recorded in .p r-. 1-...;:i. - a� =sx i"- =i=,. Public Records; less and except thel folfd :,0 t i ! 4 677' ' B I --:.a 1 1 `E'XCEPt: 1 Part of:, ® Naples Imp _ ; , .any's Little Farms I Subdi ' 90a + - 8 iat t.2.44,,,,,A0.-_0-0 d in Plat Book 2, i Page 2, , , li .. County, Florida, lying Easterly and . S A}! 61"; '0,lowing described line: 4 Commencing at a concrete monument at the South J corner of Section 27, Township 49 South, Range 25 East, 4 Collier County, Florida; thence along the South Line of said Section.North 89 degrees 26' 09' East 753.94 to a point; thence South 0 degrees .21' 55' .East 334.85 feet to a I concrete monument on the South line of said Lot#3 and the I Point of Beginning of the described line; thence along said I described line and the Westerly boundary of the herein described parcel North 0 degrees 21' 55` West 211.15 feet . r to a concrete monument at the Northwest corner of said described Parcel; thence along Said described Tine and the Noitherly boundary of said described parcel North 89 - I degrees 38' 05" East 729.90 feet to a concrete monument; :Y i ) 3 1 IExhibit.-V.G. Page 12 of 27 i a 1 A , a i *** OR: 3950 PG: 2587 *V 4 , , != _La thence continue North 89 degrees 38'05'1 East 13 feet more I ' or less to the Easterly boundary of Lot 3, Naples ; Improvement Company's Little Farms Subdivision and the Point of Ending of said described Line. -4 : ... ---,„ , 1 :4-- • (Parcel I.D.) #61947800001) ,:=4 :• 1 I J2 All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying ki South of Golden Gate Parkway, according to the plat thereof recorded in Plat -.k1 Book Z at Page 2, Public Records of Collier County, Florida. it ,! A a--1: (Parcel I.D.#61940280000) 'A-1 ji- Lot 6 of Naples Improvement pon . _,. ' -- e-Farms Subdivision, less additional road right-ikway for rding to the map or plat thereof on file and recorded in v- . the '• ;- .14--.---Circuit Court, recorded in Plat rg Book 2, PI:age 2, in 0 '11' :t!' k ftecor06. of -!.qfir oustri, Florida, subject to a ,=.4 11, reservation by Gw ..,...-..t. ,i, ' •,. . 4 ._ for a permanent non- exclusive 60-foot ''. . 7 • - t-re4.s.:.:*.''-:-. - :. t • '.- the North 60 feet of the :,- West 951:14 feet of lt:.ip i/ f, Company's Little Farms Subdivisiop. V a4 4. Containing 129.98 ,:V. , more or less , vv. ITITE CIG. 1 1 1 4 , P 1 g i .t..g .... ! I 4. ',:-,:, ; 1 ;I ''''' t i i i 4 r ...-A. ;: I 4 - i i Exhibity.G. Page 13 of 27 3753296 OR: 3950 PG: 2572�.- 11CORDID in OFFICIAL IICOIDS of COLLIII COOIN, �1, 1 1211112005 at 04:31e6 NMI T. 180a, ant _I COIL 1100662W. m is .,pt?eptu�eit IIC III 868 ' NY'x opm €ofi by IOC-.]0 ]19046 40 N. John:a.Piiiiiikaiio i; Iota: / c ueffyFa oma i =II PASSIDOII0 11 AL w W &1ohnsoq LLP 821 511 All S 1201 . 821 FitihAVerai806tith MIS FL 31102 la eE190d 34I;92 } o (239).261-930 1 t TRUSTEES'DEED THIS TRUS'1'Eh"S DEED made the j q 1 day of December, 2005, by Dorette L. Fleischmann Viets,Melanie Fleischmann Garnett and Charles Fleischmann V, as Co-Trustees under the Trust it established for th4 benefit of Dorette L. Fleischmann Viets under Article Seventh B. of the Last I 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 do Mr. - Philip Lawrence, Inverness Counsel, Inc., 545 Madison Avenue, New York, New York 10022, (hereinafter called lthe "Grantor"), to The Trust for Public Land, a California not for profit corporation, whose post office address is. tied SE., Suite 3, St. Petersburg, FL 33701 (hereinafter called the"Grantee"): � � (....7(:), 1 }. (Wherever used herein the terms".2.,%.,,,S: and"Grantee in i. 11 1i . parties to this instrument and the heirs,legal es and .;. - ..,. •a r and t .:_i -;.,ti - and assigns of corporations) J W1TNESSEITH: a ,L9:: : era. ;' .• et, •..• a`�i. . . :sum of Ten Dollars and other valuable considerations . .e"6.'C9, e ! .{ .r- � � � _ a ►.grants, bargains, sells, aliens,remises, releases, conveys .0 -1 :,.,,,; r t f. <. , y ,i.. .... 25.195% interest in all that certain land situate in Colher:t /' °A,,;° "' 5. K See Composite Exhibits A and • e ttached:-hereto and: .!q :. t:. by reference(the"Property') - GRANTOlb hereby en . ., Grantee that the . .. good right and lawful authority,le to sell and convey staid land,and . :,..a; - o;. :e' '. ..n". d for any acts of Grantor and will - • defend the same against the lawful c1.1."..k•-! ::i 9 *`by,through or under the said Grantor, except taxes for t e current year for that porn. . a ::i rr; .... `.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; outstading oil, gas and mineral interests of record, if any;undated lease agreement between Naples Zoe, 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. s i i I GRANTO1tS HEREBY represent and watrant that the Property is vacant land and not Grantors' Florida homestead;that neither Grantor nor Grantors'family reside at the Property or on adjacent property;and that tyantors,in fact,reside at Dorette L.Fleischmann Viets residence address: Over the Grass Farms,3370 Whitewood Road, t The Plains,Virginia 20198; Melanie Fleischtnann 1 Garnett residence address; 698 Titicus Road,North Salem,New York a 10560; Charles Fleischmann V residence address: 5330 Homeville Road,Oxford,Pennsylvania - 19363-1033. i Is s_ Exhibit V.G. Page 14 of 27 i 3 I -:: OR: 3950 PG: 2573 -tk • -.N .... , 3 ..* -4: 1 ''f .---f: IN WITNESS WHEREOF,the said Grantor has executed these presents on the day and year rust 4. ----; above vvrittetn. . •, '-i--'' Signed,sealed, ,`, delivered t- in 9;,1 -,'-I,.7'... \ I I ,1. 4, S.. ,I.P PriJittag,ii 11311147.7011961°P 1,-titti1:.: -::-::.F,-4; -;:::-,-,-vietsi-,ed.11.rittiotiokdolie. .s Trust for the benefit of Dorette L.Flehriunann*lets ander Article Seventh 0. of the Last Wilt and ;:---? Teshunent of Dorette K. Fleischman's, Deceased, ,,.... r. dated September 10,1992, -1. w .._, ,-... ._COU... R- .1.: ' . J - ' ' ' N' 4 1').■ .:' ii STATE OF ; J.:', -.- - ...Ai,: COUNTY OF ;1...-1-,-IllarW• --. ,.- • ri.i_ . :, . _ 74 1 :4. The foregoing-,--- , ,,-, ., . - ,-,• - -•...,-, ,'4 4 me !4 ...AV . day of December,2005,by ... —7:1-1Firi.**147--.: .‘ it- ii ' 's** „ . , to me or wit° /las produced 4:- 14: Thwette L. F1—C19513anil .' 134siv:zaeort- ...(- 34901.' State. of G n AL:" -4a 7.141 1 , 1"' . . Aiiir'24;:?,,,r.. :.•- -•.41:41. d .6 4E4'-'!-:..r._I :' -5 41:1 .- 1 . • ; I ,•' :eni15-Wilr a: :--4, 1 tiiiii 7::.;' nir4"7-4-Q'r ../.... P-4901105 - _ •::',.=. -4'' .1' .7;-- ,... 3.-- 4t-,. 1 ,...., (Type or °f_,.!_„4 it -417--;A:if'; 4 ,' 1 • ,f:,-.,. ._ .FIE Cri - = -..q -(f-,1;.-,5.4-.0 j',. . _ ..,E-.. . r ,.., .,„ :.1. ii 1 -.. :..„- ,-. ,•,,, 1 a 1 ;P- .4 :! 4 4 ':.;_e- , 4 • l': ,t, i 1 i . .i ,! Exhibit V.G. Page 15 of 27 -----.., ..-....- ...„,,,-.......1............,.......,........A.. 4......rite kr.............,.....................,.. . 1 . I OR: 3950 PG: 2574 1 a : . 50- ta- Signed,sealed and delivered in our presence:1 It -.4 qx- c.,... f ,,A 'Kerelyht-e, .. „._ , ,.. . ,. 1 4 . i :::;i ,„:„ii 31„..-,:--.1i , zg '7":-....if'-.:-ititilnethe P Asof Trait for the benefit of Dorette L.Fleisdwiann Vista under Article Seventh B. of the Last Will and i Testament of Dorette K. Fleischman's, Deceased, i dated September 10,1992, §mr V.- ....-, hinted:Name: ti, .iy4_ ite,-7-- t-I( A STATE OF .1_,..-- -,-'Al .., ,-0.-. r,._, 61:4 WZMIllr- • : --S.r..r... COUNTY OF irt.4.TrAtitVt. tatty" . - . - -k-1,1V-:- i . ' 'S -1-;L` S.." a4 The foregoing:4.....'.r,_;;,-:-.•--:,'':.-. acknowledged before •. , - _, -'__. day of December,2005,by 4--. Melanie Fleisdinrann G—-',;— who is•- .-•,r-i, .. •:: ! to me or who has produced Vct. , ..,. -: . ,- ,.--_'_,- . - -.- •I'll',7 . .4:,;.-1,., otity Public in the State of remit t C .. nirolvflET44)41 f -4, 1 ttl , ' V '''IlarrAWILT-119 , s „.. 1 •1:1':,. , tvfy ,.:-.,e1, ., ;.7.1!',...-.* 1‘-'5\() ., ,i i i f i t 7, ODY:I Bl tIiZt E R TrE C, -, StatAe o f N....:--e w Yo rk a in , - ' i7; . ,ri .: 1 i - commlitioitgitlWri../c.ult. :,‘•°'• i i 1 1 -4 ,.. 1 - I - .1 =tt. I I 1 1 :..:, 1 2.-. , 1 : d 17 1 1 3 , IExhibit V.G. Page 16 of 27 j 1. .431 i 31.71 1 I OR: 3950 PG: 2575 . , 7 Ilk: if 3'744 .. :,..-..i. Signed,sealed and delivered in our presence: ..-v. :., - IMP - / -----'_. ': l'".dM'F•tMWAZeii...- -r*i••a•,tit.,p,.f-• . :. ..,:. -, ...... _ _ . . . '1. .Pti**111-0*- ..‘e,1711,11?-e_-_-.--AA-kvit!-.. 0:.: - -v!**11**_ on V,Co-Trustee under the Trust -,- ...,..,-- - - _ ...#117:-.644 1 AAA for the benefit of Dorette L.Fleisciimstnn Viets under Article Seventh B.of the Last Will and Testament of ,z :41 ;- Dorette K.Fleischmann,Deceased,dated September :z5 .,,. .-,.. /' ' • - ' 1 10,1992, :7,1 ..L. • -=4. .:•,.. Prided' , .: ::• ---41.011011.11:-. :-.....,....‘ —_ -:-.g I , a---- STATE OF ..&k(... COUNTY OF 1 ',,..• •-i "ffei -,:,,A, The foregoing ';.-. " -!,% . •.2; -':"•! ...!: ..1•., before Inc this t 2, day of •--, ... eco-f.-..)2r.:,-- i , 200 by so; .k- '..x."4:i,:ltIVOnir4.:,'77 Fe•sik. Trustee,who is personally known to :I 4313*. -k roe or who has ptoduced :-•t identification. . .,„„ .. 1 ,• _ f ....t • - . .4:2.;'... ': 4tik - "... ----= -_.' . .4. -1? ''..-."..131,25,...,jil ,-,..-; . - , .1'.a :A.,LieLlit .•- - ‘...A.0-.-..N...-c,j0::: - 4. i , i ,-.?..,:ltS/ .:,'• '-:-,-7 "AN:ag- : : '.-,,,..4.7.ilik.... 1= c: ./<.),it.:1_,...?)....41,... „.. .: 7,,,,T..3441, — (-1 , : ,,. •„ 4::: •;,.:2,41..L....,, .t,-... :,-,..1 ....1-.. -, '..e4,-.• ' .. ..- -.--ti4V7,-'-'- 41 ,,. 1......,..!...„....,, ,. 1:1,16, Notary Pub,c, i =i- r.-. . - %.," 1;44 . .:_.,i1:1/.4f;,iirr7.-.. lig i ...ic 94-i .-i quaftned ht(Imam toonfar,.'?,::-"&..., :„...! •s3N,-- Commisbn Expires Divoigdiei-:,,_ . . - . t .41 CI:C .0 1 i -..... ." tl. 4 i i 1 f 4 3 m 1 . i . 3 a i 3 . F:\wpdocARETIttiantm,st&Mama it1SM1Closing DocumcntskTnatees Dcalwpd 1 . 2 1 1 1 • i 1 . 4 1 Avero, 1 , Exhibit-V.G. Page 17 of 27 i . i I OR: 3950 PG: 2576 I V' i Exhibit A. I PARCEL 16- SIG*ISLAND .-4 Island in 17th Ave.forth,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 Cant, recorded in Plat Boob 1,page 8,in the Public Records of Collier County,Florida. PARCEL 18 A-3 i s A All that part of Lot:9, of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION lying South ofGoldeirGate Parkway,recorded in Plat Book 2,Page 2,Public Records of Collier County,Florida. I " 4: PARCEL 18 C il The East 564 feet o the West 1184 feet of Lot 8,of NAPLF-S IMPROVEMENT COMPANY'S LITTLE 41 FARMS SUBDIVISON, less road right-of-way granted in Official Records Book 876, Page 1718, according to the mat or plat thereof on file an' .s j•:.•.in the office of the Clerk of the Circuit Court, recorded in Flat Boo. 2,Page 2,in the . . .1[,5� 1, County, PARCEL 18 D i The East 470 feet of West 16 f r= 6 b 1., •. 8, o �a% ;1s €; t •G +v`;iv COMPANY'S LITTLE fio_.FARMS SUBDIVISION .= :, .i ,g.$:" : .c .,.. of Collier County,Florida. PARCEL 18 E 1. All of Lot 8, NAPIIES Th1PRu4 0. -,iv COMP. : v > a , except the West 1654 feet 1 according to the plat thereof ice : I. Plat Book 2,.P ' . 41f-''.prds:of Collier County, Florida; _- the East and West =boundary I. , .d Parcel being .-.., the West line of said Lot 8 (said West line of Lot 8 lying 25.00 feet : _ „ *0' ".•;i1;-'''; -". ,fin line of Section 27,Township 49 South,Range 25 Collies, .° - -. PARCEL 18 F 1 . The East 33824 feet of the West 958.34 feet of Lot 7, NAPLES IMPROVEMENT COMPANY'S ii- LITTLE FARMS, rfer Flat Book 2, Page 2, Public Records of Collier County, Florida, less and except that portion deeded l Commissioners Board of County Conissioners of Collier County,Florida described as: 7 I Commence at the corner of said Lot 7; thence N 89 degrees 17'39" East along the North line of said Lot 7 for a 3is 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 A concave to the Nort iwest having a radius of 813.94 feet and a central angle of 26 degrees 13'03";thence continue Southarestrly along said curve an arc distance of 5130 to a point;thence N 00 degrees 39'49" West 30 feet to the I'OI'NT OF BEGINNING. . 1 1 Y 1 6 1 1 i i Pagelof3 Exhibit V.G. Pa 1 ge 18 of 27 I . OR: 3950 PG: 2577 „_ PARCEL 18 G 2 North 1/2 of Lot 7 less the West 2288.34 feet, NAPLESS IMPROVEMENT COMPANY'S LITTLE FARMS,as per plat thereof recorded in Plat Book 2,Page 2,Public Records of Collier County,Florida. ==F PARCEL 19-A thin E 1 Lots 3, 4, and 5 of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, according to the plat '4 thereof recorded in 1?lat 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 ii 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. Lg LESS AND EXCEPT: P ii 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 Comity,Florida,lying Easterly and Southerly of the following described line; Commencing at a concrete „ ii, Q'►, 1/4 corner of Section 27, Township 49 South, Range 25 EiFst, Collier Court,s,,� '_° :4s , r ►• South line of said Section North 89 degrees 26' 09" East 753.94 to a:i i llar. South 0::A -s .•� % ' 55" East 334.85 feet to a concrete monument on the South line of :'.a 4 3 and the Point of. •• t,.. .41 f -the described line;thence along LI said described line and the W::: s.. .7.417,: i'H „C,P wi;parcel North 0 degrees 21' 55" } West 211.15 feet to a concrete; ,+ ,►,«.�,t at t. " .:,,':,-,,,:•-•,: , described Parcel; thence along said described line and the N, a,w , ,. , �,, , 4g7� °. 'North 89 degrees 38' 05" East 729.90 feet to a concrete i , ►::.er tlthud... ��+ y «r .,17/1'1'y , . 05" East I3 fit more or leas to the Easterly boundary of e .A ;" 1:11%,,41a,I V, . a$ W� ''FARMS and the Point of Ending of said described Line. ' PARCEL 19 F - l C) 3_ The Westerly '/2 of Lot 39 and Lot o, ,`e e • : v.t�, e i,,i.r. SUBDIVISION, Lots 41, 42 and 43 =a and the East 45 fect'of.Lot 44, GO.,it t `. r' At. `(isiViN ...c, ding to the map or plat thereof on file and recorded in the office of the Clerk of the Trn .b,• ' recorded in Plat Book 2, Page 84, in the Public Records of Calllier County,Florida. AND: a Lot 2,NAPLES IlvIiROVEMENT 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 Official Records Book 767, Page 249, according to the map or plat thereof on file and recorded in the Office of the Clerk f the Circuit Court,recorded in Plat Book 2,page 2,in the Public Records of Collier 4 County,Florida s 1 PARCEL 19 G { d All of Lot 97 of N 'LES IMPROVEMENT COMPANY'S LITTLE FARMS, lying South of Golden Gate Parkway, ace. ''+g to the plat thereof recorded in Plat Book 2,at Page 2,Public Records of Collier County,_Florida. g a 1 1 Page 2 of 3 l 4 3 Exhibit V.G. Page 19 of 27 i I . I i OR: 3950 PG: 2578 Z PARCEL 19 H I In North Y:of North Y2 of Section 35,Township 49 South,Range 25 East,being at the Northwest corner of the section and run East 139825 feet;thence South 64 degrees West 1555.06 feet;thence North 664.01 4 feet to the place of b4 ginning,Collier County,Florida. i tit PARCEL 19 I Lot 6,NAPLES 1MIROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION,less additional mad r i g h t-o f-w a y f o r •e!I ette-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, 4- I PARCEL 19 J A lot or parcel of lanai 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: Beginning at a poinf on the South line of - .'., ,',` ••,1:.-is the Northwest corner of Lot 50 of 4 GORDON RIVER HOMES 7 j 1.Records of Collier County,Florida, per Plat epra$ � �.,im Nor therl arallel to the West •.Y P . tat 2 fir 2 ° thence run Easterly parallel to the South line of said Ltdt for 180 - ' ... e run Southerly paralic . _ line of said Lot for 2175 feet to a South line of said Lor,-4 thence . • —,.$p . E. ..c f• 80` . to Point of Beginning. k. X Being the same reinises'«•ie • ,.,o 7 ' P .-� ,. ,, ,. Page 393, Public Records of Collier County, Florida. "I:KS. .•.. ' -:I , .7,1",!,4111T,' . ' • . , e-of-way for Goodlette-Frank Road. THE FOREGOING LANDS • •1 e • ' PARTICULAR!. .4 :• • ai -'s BY METES AND BOUNDS ON 4. ATTACHED EXHIBIT"A-I" ;a.k V O NG p i$CE :t6 0 � V F:\wpdocc'RBWIcisdunann.4t aN'arod#195Closi g a:. :7.e b $ : e FOR ALL Fr DOCUMEN S.wpd I O+fANN TO TPL i I i i I V F S I. i 4. I i } 1 i Page 3 of 3 4. Exhibit V.G. Page 20 of 27 ; I OR: 3954 PG: 2579 A i t1-1 t ,oN A pOrtfot.1 3.C11e1 32,1leanslnlP SusUl,Ronq.23 treat. Collier County,71ctda and•Portion a Lot 17.(tines F lap au. .Mot Coo ate F a.needed in. Plat tlwo.2 s*POq.2 ar Dim P45 R di of t�.arltl Cowls.Maas. G. baikao morn t_ t^l OaaWuri O. to.a•as s•■ aegTrx at.Vs.Nao1pr nyl.aat al iieati.at 32.7twrtl.r• 41 10,11,ift?ag.23 EtW.C$a Cc.4't [ierrtttN tb.acs ... M.3r46'Od L II Use Nefit.II.SP 4f al. a 4 ianlFtl d I, 1ss f flli<3Y4 W.,a tlot.nca.if 1 333.71 fool b ttartlg sit k.haa,Ptliti t1a Fsartbbd la Oa�6520; p09f 20,.1 lie rt1Y/i .O„ er CaK.r Casadp.1toi1�5amlae s 03124 akn¢anal 1rpt.1fl1s a kit... N.tt.w PoId,5 Qlrti.tes a 5 .1 4n.q. to the So. .•si,Canty pr tat.lf7 a 1Tptei..ite.t 13.'71 m,Feewa a, It.Pit.tic 2 d Pa pa at ti.m P ads•9•aed.'if Lam. D)•na..�37`M...igttg Sir awi<t h,d iced tat.57 1 tliMOilraf et 1,150.11 last.is Pe41t A abd smog o5 2.5 rntc-04,,,�lore hi a ale.utt IMNr it 2.f•051904 ltlwv:;: a►ort 10•-,•nos: ; of tAit.d.f.aap:tort of tl.s r des 10v4r bSil[4P.4dNptsd !g.I'..lwe.deig•datellad •uwir Ice g gat!U.dopy.f•ftrasaud`Pni1 A UI, ... 1t0TOa'7s':E..a-dateiic:. ' d ailltci'1�4T3 '9E'` .1tdi�isnr a at 71.111 his the•••••lr1CC3T12:E,. . RI 15434 f... .1•4•1••... 1L2r4r2rw •dittoes.•#'-.10.5.3.feat iliac.1t11J3C45 W..• ds1....al 57.00 foot Orate N 05297SX a diatanc, of 425.32 foot Owka 11.0713•44 1.,, a d.110cc.of 405.17 hat hens.N.Ir44T12'E, •axiom.4433343 Mt them, NAr52'41!..O`dietalc.of 40130 feet thans e.2213'37'L a edemas of 195.20 inert thence n.2y'1A'SeE,a Malone.or 124.36 lest to Its kl.nteelk.wan See sew*tight-el-mai 5.w of Gddr Cal.Pwimau i -s, 11t•tn0e r•oi'rg said nnm,dvlla.N:f9Y40'1eL coteins.'sold swath rlsht--d-0.7 fur of Coition Cal.Parkway,fir a r. d:tane.of 37413 tort M r•.r•••t5r..wlih D.. Got toe of 5e.Saullus t 5./s d 5..511 F.To•rn•h.44 Sadtk, Rano' 25 flog thence 3.0r14'IPE dens saki Watt Ms.•dtetanca of 2.)02.32 feat to U. POtgf OF 0ECaa6NG 4 S • j Tog.thr whit 1 A pontes et Lots 2. Osaaite11 of maples bnpr•••••••C.•11011 F•••is..wrdsd'a Pot 0oob 2 at Pogo Z of as _ Public mono' of Calfir Cni.ly.fists.ore.a5 as a POttia..1 Lae.35 lea 44 and d d tabs a0 42 d a Go-don Mew homes, to roatino d in Not Soak 2 at Page 54 of the Poklic Recent*.f Caller Calmly.= babtp `s .oar. pdrSe.Adrhr O...wb.d i. Wawa 35. I CIS,: BErxt s2. 2.h•N•(thsas1 easier d St .Pnes..O W.a9CAbF esa 2a d Si.Poole Roca is of Colas County.frar;do said p l *MO on j, •� Cale FoAaay o h. n• being o point of tuna et olitan agent ctsn to '..j.. ,uc.. ate r3rW.. .faMd &stoma of 517.93 het pad:paling •shard ...,:_ i`�'9 L 51,bd tat:' . 'e`'' d••5 Ora ac ond sold South rI l4•.af-a91'Ins. lheege... '.5._.4 06 3x"5 a Atelaehe at A •- a. th.OM d• cures of a of tangent terra M the)eft,s1a .. P01.1 It.)2.'.i ,-1 -' d 1(Zl3 IR feat and hadn0 0 that b.Qlag a 115134 _:1S r 1_ DN, sad SouiJ+•right-et-soy Sea.I ruvgh .,Combot meta el T:_ , _ !L',il? 'w!Nt said South tight-ot-.ar ins, a thence d 4 f..0 f :a af-. - fat e. control oral.of 35552'20'.54•nerd Pt, - �. t • and sad So.nh tight-.f-.q in. •: Stonea or pls +ay . ^' s a r$• aiiTtanas of 727.41 feet to amt If' and „,`rte' C 05, :i1,0 4 •'_ < y�.y, • a 4- of the metal?shunt et line Carden Wean btu aims'', 'RA- with'fir• . .D2.• Conlon Rtes babes oPP-tedm led y .. *. T 1q�pp _.iTJ25.1rw-,a dgtanos efi782.54 het 'wvw to: ' °' '" `� $ South Noe of 2.h.North Huffer IN 7 of ,.„,tit 1 '"Pal•2 d tlta Petit mo df a Clear Coe . 1g.e2.4'aald 11.•4145 _. 4,�„,. :.(nut I.• , d au North hair of odd'* 7 0 .72.hay*4 it's fal.atsreleel 131'5034 foal of asld tot 7;.;iv.c• !IiO -- d#.q!•sat 1300.34 fad a r.• .:0; of t�74 feat Is L't6ri.043a4 ,. of tttrli:t�7' )f ':4.�} ,,�1 ` sine cute 2 140..:.5 add Get`5.0 a if 0442** '_ 4 •152 dsa�Inc.1 t._„ '61 sold tot 1: •.Denc.3.67155tet; dang''Vu sail in.of ilk., 'led Lot Ts a Mla... 2.Y to Its -fi.tarsamlan.10• the swim As of soft Lot 7:' �.-a" a•L,alms UF..600t' b, 7. a soar..d •555.75 rest.to'Punt C' sr d er jecibg motors?N t Oe.soe.ry r.Ow" d flue Gordon Miser;thanes sswtherk•sang Lp• N Ile 6aMen )f ar • lia 1ana.405 caar.aq from Fn.abeam tafatanssd Pant. ,' Est .1 42434 feet Oars• `::.trla•3r%.a dl.M 115 et2201.35 rant; 15.10.5.03-37'22'w.a ire% aura SIJ2r1QR.,a .,-dt.t.a.ee d 353.03 IM to Ha Leanne**with'Oa note I.a et than teee c id is OMde Ratmr6 Bash 707 at `_• =P.qs 242 of Us.Pabit:Raines of Cagey Ono*.Rorke mew.. Sisriat•i0ft_ray lh. north.a yes.1 acid - . ;de...ego bosom,•Ahem='Jet 721.90 r theme S.30'15`6CG w .•.s1 okra of awl a..a0.d lW.W4 O :trash eo•el 211.25 ten to ids let000ttiee with Ors..oat be at tat 3 er Neptes U!lore r1 Co'.Me Fins as •ricwd.d it Plat Beek 2 etrPa5•2 of lb.PuMte reobtd.of Cornier Caved(. IU.ke Dana. castle..*5.001/'WL . .•dewy um karat Ike of the lots d sorted r 01S4o4 Reed•leek 757 at Page 3S d Me Pulls Rac.rda.1 Cat..Caanly, f9elda,a diatom et x.75 Mat to its istes.cdon with la s mesa Ina .r Lot 35 d Oaedas i5..r .-stare. as reoordo•M Plat aid 2 et fig. 54 of the Patiia Pomo*el Cater twttyo florWiG manes KW,f1:. • sung Dud rest sear of 2.M his a ark fat 35.a ufeNes cu a 137.00 Ter is lts Ldeactlow wont Vii tlerth :,Ight-.of-•ay en. r 14th Manus North theme ur40'7i•r„deft Vie none teat-.r-.ay Gk. ar 1411 Ar.kam Noce. a Olsten*at 315.0?1r..G to h L iafireedfon with the eget Ike if Iha east 45 loot a tat 44 at said Gordon 'Misr Moir=Mama HAO.35'3ilW day:sold oast Ma.• *dense et 13590 lest te is LO*s.4B..,•av m. merits So*et said Lot 441 Usnee 35r40y0'Yr..moms the nett!.Pee of sad Gordon iivkr Henna.a Selamea of 334.54 Ind. s to at Ls.r•sctls. son DM Iasi Aad-o•^way Ina d Gso•latt• Frank Root:Vence N.0036'21'11. tort said moat I right-d-may 6aa. • dMetp el 475.E loot glow MA4'31'1'S1g.aloft/sad ost Aillt 1 -sal a 6.t.naa ar '74721 1•N:D.a,e.N.001a�W amp led .wt dgM•al-eolt Ins.d alstaknes d 12621 f..L 1:16.10.aittlw.aet center of sold Shan i Pgkeli;thence N.Or70'20'L dote U1• .oath Ile at ask Ste.•y'•PI•za.a*done=it 354.44 . fast thorax 11.01115301•..along the soot Ise of sold St ewes Prey a distance of 301.13 last M tom POINT of 8F1:D••1'fr. z = 1 t ! This b NOT a Sarr17. ti .tt 0 -. .. ..wistsor A,'FOR1iONC OF SECTION V. 34 AND 35. `TO _49.5., BANGS 25 L. ..... .�, .a.-Y■..• ....v..k*+.a 44it.fl lot r .:J if L:� .. . 40.....wh a . . . . . . I F I EXHIBIT "A-4." f Exhibit V.G. Page 21 of 27 . i S. OR. 3950 PG: 2580 4 J 4 R4 B ., t PER `F,u EX ONS A z la 1. Rights of parties in possession of that leased portion of the insured property commonly known as Z. "Jungle Larry's"under unrecorded Lease Agreements and all sublessees thereof,including without limitation rights under Memorandum of Lease recorded in OR.Book 2893,Page 916, , Public •Records of Collier County,Florida. Z RiparianBnd littoral rights are not insured(Parcels 19A-E,19-1, 18 G,18 E,18 A-3,19 G,and 1911) 3. The final enable right of the public to use the navigable waters covering or adjacent to the lands (Parcels9A E,19-1,18G. 18 E, 18 A-3,I9 G,and 1913). 4,. This policy does not insure_ ,. t ' . lying waterward of the mean-high water line of the Gordon ._, .-.:,,:,::,_.?2:1_ ,:.;,,t: s -19A-E, 19-1, 18 G, 18 E,18 A-3, 19 G,aith 1910. 5. Rob-trio., ,condi a'•e., c. .,a .:s s;o ,. „,:,t., contained on the Plat of Naples , . .,; ,0 ,: . , , , p ,'.Book 2,Page(s)2,Public ... R 3 ecords4bf Collier ,,;, �'. `3f , t3« Easement in favor. � ��+� i ,- rib �, tags ,,,,,,i..,.; i instrument recorded ` Novemb r 14,195 "_It -rh,/ I, tl.r ,.:.-.1 1 R.Book 246,Page 59,Public Records of Collier a,.::,, :Florida(Parcel 19 A t 7. Easement in favor of .r a rr,��,,,,�,. •t t in instrument recorded : 4wGrL Ltll[.t'iQn Novembfer 14 1953.a . a, r ; 393+ . 10 .'4-7t.71°9`:of Collier County,Florida(Parcel 191?. # CM 8: Easementt in.favor of Florida Power& ,contained in instrument recorded November 14, 1953,Deed Book 30,Page 397,Public Records of Collier County,Florida(Parcel 2 19 I). 9. Easement in favor of Florida Power&Light Company,contained in instrument recorded June 21, 1960,OAR.Book 66,Page 301,Public Records of Collier County,Florida(Parcel 19 I&Parcel ;.v 19 A-E) 1 10. Easement in favor of Florida Power&Light Company,contained in instrument recorded August 22, 196,.OA.Book 244,Page 631,Public Records of Collier County,Florida(Parcel 19 A-E). 11. Easeinuit in favor of Collier County,contained in instrument recorded September 12, 1985,O.R. :1:' Book 11. 5,Page 233,Public Records of Collier County,Florida(Parcel 19 A-E). i 12. Easement in favor of Collier County,contained in instrument recorded April 28,1995,O.R.Book 2053,Page 1696 as corrected&re-recorded at O.It Book 2098,Page 1826,Public Records of Collier Comity,Florida(Parcel 191). 1 5 3 1 IExhibitV.G. Page 22 of 27 3 i t e *** OR. 3950 PG: 2581 ; >t g 13. Right oftrtry recorded in O.R.Book 2999,Page 3091,Public Records of Collier County, `6 Florida(19 A E, I8G, 18 E, 191, 18 A-3&I9 G) 3 41 14_ Resolution No.89-5753 recorded in O.R.Book 1603,Page 1508,Public Records of Collier County,Florida If, 15. Right-of Way 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) t 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 Lq Recordskof Collier County,Florida(Parcel 18 E). 18. Easement in favor of Donald :.• "• a: _ ! in instrument recorded January 16, 1973,03t.Book 499,Page ,t +,'', 'P_._ ` a-r,•°--'County,Florida(Parcel 18 C, 18 D,& 18 E). ` ,+ 19. Easement in favor of a fai ed iir ■ ._ _,November 20,1978,O.R.. Book 783,Page 436 _ -x,.20 • a �. ,;,El;'d$;'(Parcel 18 F). q 20. Easement contat iii'` _ 1, "°°. -b i3O r. Book 227,Page 40,Public Record:of Collier^ =.1" _ gilitiv 21. Easernefit in favor = ?° _ _ .• .g.,-1.aC,,,,..,.rT .s= .. •in instrument recorded May 26, 1978,O.R.Book 75 997 Public Records .,_ .I _ _ ,Florida. (Parcel 18 F). 22. Easement contained m:-"sa� ..-.=recorded January O_R.Book 182,Page 881,Public 1 Records of Collicr.Court, . t 23. Easement in favor of Florida Po - • _. a , ,,, . y,contained in instrument recorded Scptcmicr 9,1980,O.R.Book 882,Page 1123,Public Records of Collier County,Florida. (Parcel119 A-E). 24. Any lien provided by County Ordinance or by Ch.159,F.S.,in favor of any city,town,village or port autlority,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 rnunicifiality. 25. Any rights in favor of third parties arising from the following matters of survey as depicted on Wiisoniiller survey dated July 6,2004,revised August 15,2005,and bearing File No.40-125A: 1.Draifiage ditch running East and West across Parcel 19F;2.Guy wire anchors,traffic signal poles, td utility poles located along the Western boundary of the insured property outside of any easemeirt area;and 3.Lift station and related utility equipment located in the Nu.thwestcm corner of Parcel 18F outside of any casement area. z k Fiw ,teMmF!IITCImigDecvassMra.iosdExecpdoms-r4__ Barr. r 34 3 i 3 2 3 Exhibit V.G. Page 23 of 27 1 �,y 3815747 OR: 4013 PG` 0757 ')° PROPERTY o it COLLIER IICOIDID in OtPICIAL MOLDS of ClfWIE PROPERTY to e: 20760800009&002681e0009 CORM� tl r- i41D1/2106 at OB:39A1 MGM 1.iloCI,Gill ' C011 I115tf.00 IIC ill 35.50 DOC-.71 1401.31 Ida: ORM LOS a i UM IStIm{smuts V mimic: RYI:CIJDI/Ui!1917 WARRANTY DEED 6 THIS WARRANTY DEED is made this C-41 day of �jc fl .LA 2006, by CDC LAND INVESTMENTS, INC., a Florida Corporation, formerly known as COLthER DEVELOPMENT CORPORATION, whose address is 3003 North I II 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 I assigns,Whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as"Grantee"). } (Wherever used herein the terms"Grantor and"Grantee"include an the parties to this instrument and their respect heirs,legal representatives,successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten I� Dollars ($10.00) and other valuable consideration, receipt whereof is hereby : 3 acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and Fa confirms unto the Grantee,all that certain land situate in Collier County,Florida,to wit: See Attached alai 3 tr I. ;<::-'.'hereinbyreference. ii 1 I Subject to ea fir: . =:zr'.-'. ,and:t' �;a c. of record. .j , =„ . 8,.6 ..dial ''TY.: 4111 Grantor ,t does not r Arc,„ . _.r,_ -:,r..s described herein. l TOGETHER with a ;, tenements, b;'.:,;;•._ appurtenances thereto _t belongingfor in anywise ap,• r�`ning_ ' Q_ TO ITAVE AND TO li .e s i : %,8 g ::, . ANtl the Grantor hereby covenants. 1. said Grantee:that the Grantor is.la ffully seized of s aid land in fee simple;that the Grantor has good right and lawful authority to sell and envey 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. 4 i IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents ii- the day and year first above written. S WITNESSES: _ Y .. - CDC LAND INVESTMENTS, INC.,formerly known as COLLIER DEVELOPMENT CORPORATION,a Florida Corporation (Printed Name) I k mo. <.'... . ` PATRICK L __. Otte***0.11httham. (Ptrintetl ) THIS CONTEyARCE AceEPTED VT ME BOARD axon CORNIISrSIONERS, . COUNTY. FLORIDA, PURSUANT TO AGENDA_. DATED*. ITEM 110. f0 D i Exhibit V.G. Page 24 of 27 I OR: 4013 PG: 0758 3 a STATE OF FLORIDA COUNTY OF COLLIER v.' i ��/� if The:foregolog Warranty Deed was acknowledged before me this /W4 day of illa 1►- , 2006 by Patrick L Utter, Vice President on behalf of CDC Land rnve§tments, Inc., formerly known as Collier Development Corporation, a Florida Corporation, who is personally known to me d i (affix nota l_.sea)} t/a fJ i li J {big re'bf Notary B i ""' .t ___ (Print Name of Notary Public) i'4000! eowaromoolaw`° NOTARY PUBLIC s x ;My Commrssio E ires 4,.; o . It It , ) V til r-, k...% 0 P • - ,....,, ! , . 7 , ' VI 1 ga 1 i i i , i i r t t S 1 , i3 f 1 1 S I Exhibit V.G. Page 25 of 27 i r 1 OR: 4013 PG: 0759 3 EX TF A Page 1 of2 , 4 t 1• PROPERTY TAX IDENTIFICATION NUMBER: 00268160009 Pi THE SOUTHEAST (SE%) QUARTER OF NORTHEAST (NE%) QUARTER AND THAT TART OF THE NORTHEAST(NE%)QUARTER OF THE SOUTHEAST(SE%) e. QUARTER OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE v FOLLOWING TWO PARCELS: 0. z ALL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN l''HE NORTHEAST(NE114)QUARTER OF SECTION 34,TOWNSHIP 9 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA,AND 4 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: q BEGINNING AT THE POINT OF INTERSECTION OF THE 4 EAST BOUNDARY OF STORTER SUBDIVISION WITH >g THE NORTH RIGHT-OF-WAY LINE OF A CANAL, F RECORDED IN PL AT BOOK 5, PAGE 106; RUN IN A 3 NORTHERLY D P' 1°?� ._�. • ET,MORE OR LESS, =1 TO THE 'SO ..e$ a GORDON RIVER HOMES 8I: °'a ()Ni RE . t_.:1.0 o PLAT BOOK 2, PAGE 84 . D st IN A l : �a�'Tk DIRECTION ALONG ,�T' r•• e `vbe }%OF GORDON I r RIVER 6 tr a vi ;.: MORE OR �: LESS s xbo ap GORDON RIVER, �'t;1 `T ° � DIRECTION FOLIO +»a.. g. , v` ,° H.W.LINE OF �0 s "' :RIVER TO ..:.9 iy EXTENSION OF THE ., '. RIGHT OF-W.' " 400. THE CANAL 7 IN STO �s t• a J'., s °�o @.:PLAT BOOK 5, PAGE IQ6, q+'1,,� 4. '4_1' DIRECTION z ALONG THE t 4 ��aj 0141 OF THE NORTH �. It3? I=fJ :Ir11N `0 AID CANAL TO THE POINT A os AND 4 g i a i 7 n 1 3 I i y S 5 i 3 t Exhibit V.G. Page 26 of 27 I *** OR: 4013 PG: 0760 *** EXHIBIT "A" Pagc2of2 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 _ .DESCRIBED AS FOLLOWS: t BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF BULKHEAD LINE NUMBER 3"AS SHOWN 4 AND DESCRIBED ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD LINE PLAT 1300K 1 AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, r 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 FEE i; THENCE I RUN NORTH 89° 42' 36" WEST, FOR 289.14 FEET, TO THE WEST LINE OF THE SOUTHEAST(SE V.)QUARTER OF THE NORTHEAST (NE ''%) QUARTER OF SECTION 34, TOWNSHIP 49 S41! RANGE 25 EAST, COLLIER COUNTY, FLO�h rod ° BEING ON THE NOKTHERLY , ° ._ � '�'' OF BEMBURY DRIVE BY <�'4 a.�,ION S s'�'�,a? _fit:ON THE ,,•GROUND S..-2 s i.•6;BEING 3 2. d SOUTH OF THE NO 5—..---- a'�°� ' SAD, • ` EAST (SE 4. s '�i} _ . 6 t � �). QUARTER AS SII6 d VEYOR'S l 3.,T9TE: , ,i® Y LINE OF !t 91.,..' o 4 •• .rq "'tii v eg e : 360 FEET SOUTH s, ID NORTH o ? • ��I`�r_ON PLAT OF STORTER-i !IVISION AS..�' '_ PLAT BOOK P. �' 5 PAGE 1 i C RECORDS�a ' ' LIER COUNTY, FLORIDA), I'� m , . °' 17' 24" EAST, 4 1. ALONG THE ..A r E.•` e;ta_ a�' 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. CONSISTING OF 43.54 ACRES,MORE OR LESS. 2 AND .s PROPERTY TAX IDENTIFICATION NUMBER: 20760800009 a I UNPL- TTED LANDS LOCATED IN SECTION 3, TOWNSHIP 50 SOUTTI, RANGE 25 EAST AND FURTHER DESCRIBED AS GOVERNMENT LOT 2 LYING WEST OF THE GORDON RIVER, LESSAAND 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. I z d i i } Ili, , Exhibit V.G. Page 27 of 27 I COPY PRE APPLICATION MEETING NOTES / -i1jz -- AP Vcr f iq er `-Pfita /I "P4i/- `+ w5/ �ZZ F 52, I/: y '1 A774- "_`at, of I YY�+�i n 71/l . Tbcr l+ Ci r{ , {y�lt� 1Pit/vI, COPY ORDINANCE 2011 • -25 at i o?)• ORDINANCE NO. 11- 25 "J AN ORDINANCE OF THE BOARD OF COUNTY 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:::- AGRICULTURE (A), RURAL AGRICULTURE (A) WITH AN S OVERLAY, CONSERVATION (CON), CONSERVATION (CONS WITH AN ST OVERLAY, COMMERCIAL INTERMEDIATE (C- t2 •- 3), RESIDENTIAL MULTI-FAMILY DISTRICT 6 [RMF-6(3)]: — AND RESIDENTIAL MULTI-FAMILY DISTRICT 6 [RMF-6(3)1 WITH ST OVERLAY ZONING DISTRICTS TO THE PUBLIC. USE (P) ZONING DISTRICT FOR A PUBLIC PARK WITH AN. ST OVERLAY TO BE KNOWN AS THE GORDON RIVER. •0 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+1- acre public park with an ST Overlay to be known as The Gordon River Grccnwav Park/RZ-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 671,44 day of — , 2011. ATTEST: .. . BOARD OF COUNTY COMMISSIONERS DWIGHT BROCKLERK COLLIER COUNTY, FLORIDA By: By: , I-pu Clerk FRED W. COYLE, Chai ALUM te. _ 4 iignatareloa -• Approved as to form and legal sufficiency: • . Steven T. Williams Assistant County Attorney Attachments: Exhibit A: Legal Description cP\09-CPS-00974\55 of 1,410._ onci ocknow!:-,,A;ernent of thit ftIir: r...--ceived this 544‘(icy of ma •.. 2-01( B i . A weal 11V411171.1!.'.7-`, Allow Gordon River Greenway Park/RZ-PL2009-25 Revised 7/26/H 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. 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, COLLIER COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF BULKHEAD LINE NUMBER 3" AS SHOWN AND DESCRIBED ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD LINE PLAT BOOK 1 AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN SOUTH 89'42'35" EAST, ALONG SAtt BULKHEAD LINE NUMBER 3, FOR 217.80 FEET; THENCE RUN SOUTH 29'16'45" EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144.56 III 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 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 COWER COUNTY, FLORIDA); THENCE RUN NORTH 0'17'24" EAST, ALONG THE AFORMENT1ONED 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 Ali of Lot 97 of Naples Improvement Company's Little Farms, 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 Forms Subdivision, according to the plat thereof recorded in Plat Book 2. Page 2, in the Public Records of Collier County, Florida, lying south of Golden Gate Parkway and within Section 27. Township 4-9 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 Plat Book 2. Poge 2. in the Public Records of Collier County, Florida. Together with Lot 3 of Naples Improvement Company's Little Forms, according to the plot 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 Plot Book 2, Page 2, Public Records of Collier County. Florida, lying Easterly and Southerly of the following described line: Commencing of a concrete monument at 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 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 said described line. Also Less and Except That part of Lot 3 of Naples improvement Company's Little 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 89'46'0O" 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 said Lot 3 North 89'40'10r East 761.95 feet to the POINT OF BEGINNING; Thence continue along sold line North 69'40'10" Eost 191.50 feet; Thence South 28'23'147 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—Fronk Road. (Detail "S") Aglow 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„, --y, AA_ By: Teresa Polai,' - Deputy Clerk DOPY RESOLUTION 2012 -018 RESOLUTION NO. 12- 1 8 A RESOLUTION APPROVING PETITION ST-PL20 1 10000677: 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 buildings pavilion parking, stormater 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-PL201 1-677 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 / ill day of F-Gbnualy ,2012. 1 ATTESTRc BOARD OF COUNTY COMMISSIONERS DWk f'IT'E:BIthCI_C, CLERK COLLIER COUNTY, FLORIDA 449 BY: v egnty. Fred W. Coyle,Chairman 41gaita rs"Alts te'" t/ Apo uved-as-to-Furnraml Legal Sufficiency Steven T. Williams }qry1/2 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 k.-.w G\S__O o_07500oW.A0V.7E tVTI-„-"-.-..£c,o__c:,.,,_ ..y-+4l Der It MI .T-!Y. I EXHIBIT A �„a� q I . ". J i 7 7 ° I y T a o tC`" .e"f�” }T n O ,gigg"� I ,:.�. f4-II ?rid...,1. / c° PIP • . : ter I i1 <e g 1 / 21: [ .. 1 11 1 E o A-3. 4.:+,,,,,„,- ,._ ....._ Q 0 I /Z.,q.4.,‘ c ,elm v '1: - s as 9 u •- F x f„ \•. 4 rt§ t n$ O c ` .. ,- ° A. 0, '-. 0 s I T IIEH . 1 flhII Xn 5 'ilk . : NORT H W 1111 --$ 4 A bre....name II\sry+V•nmocokum\as .Von-..-n-r.....1....... +.n.• tr.r am. ...r.. .,....An... —I - - - - - + `IIU111i � �, I �I di 1 1 III! : .4 4 0 t I ' L 7 m _ 7 ' r.t A 0 1111 0 - - . - . . . a o, s 111 S it ��P @411111 _ --! illItt ,, • It" i ' :I 0 g .. . r1 ___. „.„.„::,::_,:_:„.::::.,.:...::,, 4 ::.::,,:::..::; -..:7-:',.7--: 1 m� I In l - - 7 ,-- r. 7. 41 11 J .-:-6, 4 0 r_ ____.,... _. _.._ _ _ _ A t s. N ili ,,o- F €g; ! il PI cam m„ „ li 1,! . v�z - g } _. ..... 6 IN o N x f I COPY DECLARATION RESTRICTIVE COVE A N : EN TS. 4042169 OR: 4253 PG: 0713 L} RECORDED in OFFICIAL RECORDS of COLLIER COO1i1, IL 01/03/2001 at 01:45PN DWIGHT E. BROCI, CLERL This document prepared by EEC M 120.50 Kristen L.Coons,Esq. MI: HEALTH Florida Communities Trust IITERO PUBLIC SERVICES Department of Comity Affairs I1iEROFFICB- BLDG H 211) PL 2555 Shumard Oak Blvd. AiiE: AMANDA iOHt(SE1D 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 r Vejr•—iizi , ,g: ?•, N THE FOLLOWING FACTS: WHEREAS,the intentpf I Agreement is to impost t� and conditions on the use of the proceeds of certain bonds, h e esc'', :.;-e s e lane p � � � aired with such proceeds, as described in Exhibit"A"attached'h et . 't_: .It- °.u.:. Project Site"),that are necessary to ensure compliance with lic I ' 'ri la • ,:+ et :7 'come tax law and to otherwise implement the provisions o o 1 2. •. .0 j, • ". l 1 1 and h t 380,Part III,Florida Statutes; &''i WHEREAS,Chapter ,Part III,Fla. Stat., Flgri.._.i. unities Trust Act,creates a non-regulatory agency within •apartment of Comm local governments in bringing ' ��.' ("Department")that will assist g ging '1 ' cpa.:.fiance and impl- : ent1 : the conservation,recreation and open space,and coastal elements o ..et , ,:.,• 1 - :' . k .r in conserving natural resources and resolving land use conflicts by provi. .: et_. t. • • ce 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),Fla. 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(l),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. r f NOW THEREFORE, in co d r t e 11 ir fritj covenants and undertakings set forth herein, and other good and vale, • ideration, the r' d sufficiency of which is hereby f J acknowledged,FCT and the crnt do hereby contract . • a ee as follows: f 1 .� ---� I. PERIOD OF AGRRE 1 11171-1\in 1. This A t h.11 .. c :l:ecuti n parties. The covenants f p y r c v nznts urd restrictions contained herein 111 n rf with i•e oj ite‘ e(\ s$. . •ind,and the benefit shall inure to,FCT and the Recipient an•ik1 .ir respective succes �d .-s. y„s. IL MODIFICATION OF - MENT 1. Either party may reques 0'1 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 I. 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 DRC\06-043-FF6 6/6/2007 2 ,R4 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 u! .UY ►•ri . -r Recipient: c9 ( A . 1. • r\-1 (,) Ivy 2. In the event t s i i'en resen 14, I've or ..d eo/is designated for paragraph 1. above after execution of this �+ - '.ent,notice of the�laane s ,~be rendered to FCT as provided in paragraph 1. above. 1� v p V. PROJECT SITE TITL 9 ! i. ,� ! • I 1 OSED BY CHAPTER 259, CHAPTER 375 AND : • • 7i , 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 of Forestry,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 Cr 5 ' 0 t.I,r� 1. The Project Si . be managed only .r e conservation, protection and enhancement of natural and histo ' a_ .eso omp tIstle assive,natural resource-based public outdoor recreation, al'rig 'th oth Kel ti d u ; ess ry t r the accomplishment of this purpose. The proposed uses or€ e °r.'- tgi e . - a designated in the Management Plan approved by FCT. !! [ 2. The Recipient ` ensure that the fu -_and use gnat ion assigned to the Project Site is for a category dedic _ open space, cons A. f r outdoor recreation uses, as appropriate. If an amendment top 'cable compreh kp 1 is required,the amendment shall be proposed at the next compreh e') et. 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 Avek, OR: 4253 PG: 0717 approval of FCT as to purpose.Further,tree removal,other than non-native species,and major land alterations shall require the written approval of FCT. 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 Management Plan. VII. SPECIAL MANAGEME • F, ! k t; i A T The Management Plan for the proj site is mentioned thro : o this Agreement, and is particularly described in Secti ove. �o the ,. "o conditions already described in this Agreement, hi l t sr s ..- • Plan shall address the folio g iid n, � , � :� � funds,the Management either representations made th-a••li 'ti,n�h � ' • �"e oject site and result from b b ry-� .c n gp ints or observations made y the FCT staff during the si e : en• • ' • `1C-. t F• 1. Two or more resourc s• outdoor recreati . jac launch,picnic pavilions and trail .y •e provided. The 41/ s including a canoeJkayak manner that allows the general pub P ; ; . . _ hall be developed in a environmental resources on the project s : :* ,•$ I.. k g •e e to those and appreciation of the 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 5 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 ... auk ., % shall be designed to have minimal impacts on natural resources. The _ 4: r: ',6 rate pervious materials wherever feasible. C)ov 10. The quality of s ce ads sshha�foved by •e tallation of stormwater facilities on the project site at prov_�de wi •, e . •' . . .• . e per\space in a park like setting. The development of the storjnwr fa'� h with the South Florida Water Management District. ;, 11.Any proposed sto ?ter facility for the . �b'ect sit 1 be designed to provide recreation open space or wildh itat ; 12.A comprehensive lands .; ed for the project site. The landscaping plan will make significant - ' : . ..: . 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 DRC106-043-FF6 6/6/2007 6 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 pr. - .:s: , „t: :.4_.+ as part of an ecological corridor within the County's designated • . ;: •- r--- • VIII. OBLIGATIONS 0 + TENT JELA' IN TO THE USE OF BOND PROCEEDS 1. FCT is authokiz �b Sec�tic(n �8 �lr a. !t .to conditions for funding on the Recipient in order to ens u .t ., +'ueom es + ,'qS _ .t!urements for the use of Florida Forever Bond proceeds incl 'e'er' •. without limitation4he p E.vi1i=`, `of the Internal Revenue Code and the regulations promulga ereunder as the s e . • exempt bonds. 2. The Recipient agr• owled: . . •elow listed transactions,events,and circumstances, collectively referred : . '+.sailWc.a.:4- activities,"may be disallowed on the Project Site as they may have negative lega .s.: r.. 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, aft- ' • v i '• • , e Recipient and/or the Trustees, is to remain subject to any of the dis. • b s-.r vibes, •i - ent shall provide notice to FCT, as provided for in paragraph III.1 kyle, at least sixty (60 ••-i e .•. days in advance of any such transactions,events or circ •.tan ; 1 rovi FC .uc r 'nformation as FCT reasonably requests in order to evaluate fo apPrr'S°vthe , -lggal ai\d tax •nsOquences of such disallowable activities. CIL. �� \ � :4. In the event t any! the Recipient is engaging, or allowing others to engage, hn- -sallowable activiti' on the/ ect Site, the Recipient shall immediately cease or cause thW lion of the disallow,=�►I:a 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. •:,ainst the ' : . .• or any disallowable activities on the Project Site. 11E C - 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 SELF 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 requiremen .s�.Y-. -- ein,the Recipient shall ensure that the audit complies with the requirements o -ect�b ;h i ': Stat. This includes submission of a reporting package as defined E on 215.97(2) . A. Stat. and Chapter 10.550 (local government entities)or 10.657(n. . .rofit organizations), ' les of the Auditor General. ff l 3. If the Recipient e ?Ends le . IA ' -.to ancial assistance in its fiscal year, an audit conducted ii ac ..r a er t .11 r o . o Section 215.97, Fla. Stat. is not required. If the Recipient e1 to . . Ow• dnduc -d in :FAcirdance with the provisions of Section 215.97,Fla.Stat, . t • t h e am• t must a p a l; l o t -'on-State funds(i.e. the cost of such an audit must be paid L •ecipient funds not . -. .Ili .. a State entity). 4. The annual finan•Na tV :'t report shall inc ..: . 1 . . .agement letters,the Recipient's response to all findings, includin: . : • : ei. . Ian taken, and a schedule of financial assistance specifically identifying all • 3. Mti ,eeit .i4 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 t - i. a shall be retained until the litigation or audit findings have been resolved. , 111 Li 7. The Recipient sfiarmave all audits complet in a ordance with Section 215.97, Fla. Stat. performed by an in deppnct � acco eta ("IPA")who shall either be a certified public accountant o#r a tau c • ai ,:.. P.;, Ckapter 473,Fla. Stat. The IPA shall state that the audit compli ` vyi 9. ,a I. F•lialt., ' • not3ed above. ! l1 X. DEFAULT; RE ' ` r, A 0,, f 1 1. If any essential-t P or condition ofD= . .. 8 on of Restrictive Covenants is violated by the Recipient or by s • • d party with the Ai t ;edge of the Recipient,the Recipient shall be notified of the violation b r tie : .i y •ersonal delivery, registered mail or registered expedited service_ The reci.•,• hg '.S.: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 DRC106-043-FF6 6/6/2007 10 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. XL 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 a ny 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 or ;..is Law 101-336, 42 e Recipi ectag ; g v l 1 ° - -cans With Disabilities Act(Public sm), if app• te hich prohibits discrimination by public and private entities o. k• ' .asis of disability the areas of employment, accommodations,trans ortati fi $� � P yment, public p o :J �_ - - .i s►ent s •c- ,and in telecommunications. / 1 4. A person or a lit•- • a . 41-94_ e n ' r onicted vendor list following a conviction fora public enti c e •r o e ► s, Isla ato -nckr list may not submit a bid on a contract to provide any goods - •"-It. .► • t ; „ y, ; • ,►t*nut a bid on a contract with a public entity for the constructi repair of a public b 4,ding or ,c work,may not submit lease bids on leases of real Pmp public entity, : ' arded or perform work as a contractor,supplier,subcontract. or a nsultant under a contT transact business with any public e - - 1 �a public entity,and may not a gQ- 'wo for a period of 36 months from the date of being placed on the convict-. .e Ai ,; .*,e discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be 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 Ii OR: 4253 PG: 0724 IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement. Witness: COLLIER COUNTY, a political subdivision of the Si e o lori rn - �a�1'�ii. - --- By: C .//, -%.!I - t Name: . _ J ,.7. , Or Date: ��?Vo/ 4IF Print Nam-•may //�' ,,, A_.40 Ap• -... o Dr: and Legal' By: Print 4me: ( . - -f-AL mac(, STATE OF FLORIDA COUNTY OF COLLIER ( , //:.-,The foregoing instrument w acknowledged before me\thi day of -To ,0 6 • 2007,by rv1p LA ?Ml if 50/ / 1, oii if o. e Loc • emment,and who is personally known to me. f/ 7 -. N 1 r ` 1 i (Lv i ) c--4-0( 1 , . ,t5,\ •-"t Nam iriftrilLE6 61 IE K I. /. to), O ]I llSSfEti 1V O. \\N„,„...,.._ My C 'scion Expires: ,;; ,., :r MY COMMISSION it DD 634080 ,4-y;,' EXPIRES:May 26,2011 i eaa.rtnm,Hoary P tld«wbn DRC\06-043-FF6 6/6/2007 12 OR: 4253 PG: 0725 Witness: FLORID= CO I .' S TRUST By: r s Name: VZ_ l 5; Jan' e B •,1 caning, : tor, I vision of Ho in.. and Community D: elopment � / / Date: / 2-1 0 . -. Name.' ra n,: -� — Approv Wo F rm and Legality: By ` 1 Kristen L. Coons, Trust Counsel STATE OF FLORIDA COUNTY OF LEON cIT The foregoing instrument , owledged befo e 's . 9 day of 2007,by Janice Browning,D,irec�t' ,Division of Housing .. d mmunity Dev opment_ She is personally known to me. / ,Lo.--- ,,,.- " - ,�-\ ( c cocv-`74. , fd , _ / , , \.\,-, , , „ , .6._ . ;.. f W "s 1 1 /1 pi o. G0MMISS/0.$ % 2 M vttuAfssion iirge 6: , 5: s5•...%. ' *� - _; r 00 64:Silk jjjI.C-\off\\\ DRC\06-043-FF6 6/6/2007 13 Exx1BIT"A" ** OR: 1 253 PG: 0726 **If DESCRIPTION Alt of Lot 97 of Naples Improvement Company's little Farms, 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 port of Lot 97 of Naples Improvement Company's Little Farms 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 Eost 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 Forms Subdivision, according to the plat thereof recorded in Plat 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's bdivision as per plat thereof recorded in plat Book 2, Page 2, Public Rec rd--.= • iRro.4 , Florida. Lying Easterly and Southerly of the following described/lige:s -' Commencing at a concrete monument at the 1i 1/4 corner of Secti (27, Township 49 South, Range 25 East, Collier County. Florid Thence along the South line of said Nort 89'46'DEC- Z st\'T53 9 ti�o point The ce South 00'21'55- East 334.85 feet to a concret monument one, e�south line of RAM Lot #3 and the Point of beginning of the described jliine;f oatoa� esc • . !fond\the ; Westerly boundary of the herein described p ce1 No h +0 #1‘5. t `1 =feeti to concrete monument at the Northwest coiner +qf ai e •erlf Folic el; nbe pl c said described line and the Northerly boundar of s'oid des ' p Nort .7.• 38'5/ East 729.90 feet to a concrete monument; Thecg\continue North 89'3: 05 East 3Aki feet more or less to the Easterly boundary of t`>.s NAPLES IMPROVE a':,_C t'S FARMS and the Point of Ending of said described ; t f` 'f : And A portion of .Lot 6. Naples Improvement Company' itiii rr�rgs:-. r g to the plat thereof recorded in Plat Book 2. at Page 2. Public R : • o •i' County. Florida. Being more particulary 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 ('nllinr ('n.,nkt clnr;rin DRC\06-043-FF6 6/6/2007 14 BAYSHORE GATEW. .Y TRIANGLE v., `j. COMMUNITY REDEYELOPHENi 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 lr I/ a i ■ I 1 Growth Management Plan Amendment Bayshore/Gateway Triangle Redevelopment Overlay GEOGRAPHIC LOCATION: The Bayshore/Gateway Triangle Redevelopment area comprises of two separate communities 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 291 acres and is defined 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. 77 '' , ,, Ng-. /+ '-_'- i' - ¢r4 -... � !MEMO pit vi, ! : !--7. ice% / �S.�TiOa[�mm��4Sl �_ { - t / la�1^ -�'11 -_ _. i..-_ ","- Ora.a� � 1�, l 3 ® _---r 'IMAINI tt- ._° 11217. I / _i c-w :t _. 'am, _z� JY�i�M� _ } 3� +:�_'�-RI(�}� S' --sue sSaa'( '!� `_, {n ils•3�—' xi..�4 Ell— isg— 1-r-- I ., , _, .t' /J r IL,/ 1 .: r/ k r lei rt��19e >>; i i! I 1-- ` \ / 9 Erma 0 B,Isi::caer., I L.__ /r {�° 11��[[� Twit es�; �*�).1: D�Li1t11imi`.- ltnrr { � 1 _ �1 il� fh�,r t '' - f®o- , ►� - 4'J, Bayshore/Gateway Overlay Zoning Map Future Land Use Map , 1 REQUESTED ACTION: 1. Amend the Bayshore/Gateway Triangle Redevelopment Overlay to delete specific development standards that are now contained in the Bayshore Mixed Use Overlay and Gateway Triangle Mixed Use Overlay Districts, Section 4.02.16 and 4.02.35 of the Land Development Code (Exhibit A), add a provision to expand mixed use 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 Provisions to add text that clarify and cross reference the proposed amendment to the Bayshore/Gateway Triangle 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 of the County merited public attention. To establish a means by which economic and physical redevelopment could alter the negative image of the area and generate conditions to commensurate and compliment its favorable location, Resolution 2000-82 (Exhibit C) was adopted establishing the Community Redevelopment Agency and the Bayshore/Gateway Redevelopment Plan was adopted on June 13, 2000. Since adoption of the 2000 Redevelopment Plan much as changed and accomplishes are being realized within the redevelopment area including: streetscape improvements, stormwater and infrastructure improvements, pedestrian pathways, crime reduction, facade improvements and the opening of the Botanical Gardens, creation of a Cultural and Arts district and rezoning of a catalyst site to accommodate and facilitate cultural activities. In addition, the CRA has seen many new businesses come to the area as a result of grants and incentive programs. To solidify development and redevelopment planning efforts numerous studies have been contracted since the establishment of the CRA in 2000. Extensive community outreach and public involvement was spearheaded to identify areas of opportunities. Through implementation of the Land Development Code, Growth Management Plan and public input it has become apparent there is a need to amend the Bayshore/Gateway Redevelopment Overlay to better facilitate development and redevelopment opportunities within the area. This proposed 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 of 388 dwelling units permitted to be utilized in the Overlay for density bonuses. The 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical garden's sites prior to their rezone in 2003 to establish the Naples Botanical Gardens. 2 The GMP currently limits the use of density bonus units to mixed use projects within the Overlay. Through public input the CRA has realized there are other areas within the Overlay that are suitable to receive density bonus units. The areas targeted and identified in this amendment that would be eligible to receive density units have been considered for development and/or redevelopment by either prospective developers or individuals during their due diligence phase. Unfortunately, interest to development/redevelop these sites diminished when potential investors realized the sites did not qualify for residential density bonuses. As a result, the proposed projects were deemed not viable by the prospective developer or individual 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 "B.d".) This amendment will serve to expand mixed use potential to parcels on the north side of Davis Boulevard (SR84) and Activity Center #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 increase the total number of dwelling units presently allowed within the Bayshore/Gateway Triangle Overlay, but merely allow for different means of distribution of the dwelling units, affording increased opportunity and utilization of the density pool dwelling units. The proposed amendments to Flue Policy 5.1, Density Bonus Pool, Density Rating System and Mixed Use Activity Center Subdistrict are for clarity purposes and provide 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 Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. 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 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 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 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-er-more Two zoning overlays have been will bo 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; 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-Pullinq 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 with access to Bayshore Drive arc allowed a maximum density of 12 residential 6 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 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. k e..._ _ . - - • • • _ development standards. 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 #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. stories. maximum height of four stories. -• -e - e.• e••_ , .e••••- _ . _ - . - e- •• _ _ •- e stories only. 7 f. Each building containing-eemmercial uccs only-is-limited to a maximum building eSt - -- e e ee - •- - ---• -- -- . 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. 4-1- 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 1 EXHIBIT "A" 4.02.16 -Design Standards for Development in the BMUD—Neighborhood Commercial Subdistrict A. Dimensional Standards. Table 11.Design Standards for the BMUD Neighborhood Commercial Subdistrict. Site Development Standards Front yard setback 5 feet 1. The front set back shall also apply to any new buildings in the C-1 through C-3 zoning districts which underlay the BMUD Neighborhood Commercial Subdistrict. 2. Properties developed in conformance with underlying C-4 and C-5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. Side yards—abutting 15 feet residential Side yards—All other 5 feet Rear yard 20 feet Waterfrontt4 25 feet Building Standards Building Design 1. Building facades facing the intersecting east-west streets with Bayshore Dr. shall have the same architectural design treatment as the building facade facing Bayshore Drive. 2. Buildings containing commercial or residential uses are required to have a minimum depth of 35 feet. The remaining depth of the lot may be used for parking. Maximum square footage A building with commercial use only is limited to a maximum building foot print of 20,000 square feet. Minimum floor area 700 square foot gross floor area for each unit, residential or commercial Maximum.height 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. Mixed-use: Residential on top 56 feet, not to exceed 4 stories. Only the first two floors shall be used for commercial of commercial uses. uses. Maximum height of buildings. 56 feet, not to exceed 4 stories Hotel/motel Maximum height of buildings. The maximum building height of properties developed in conformance with underlying C-4 and C-5 zoning classifications shall be as required by section 4.02.01 A. Table 2. Ceiling height The first floor ceiling shall be no Less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only. Maximum residential density 12 units per acre for mixed use projects. • 1 EXHIBIT "A" 4.02.35 -Design Standards for Development in the GTMUD-Mixed Use Subdistrict(MXD)t A. Dimensional Standards. Table 1.Design Standards for the GTMUD Mixed Use Subdistrict Site development standards for Mixed Use Projects on Davis Boulevard (south side), US Hwy 41,Airport-Pulling Road and Commercial Drive Front streescape zone for 16 feet measured from back of curb into front yard, which includes existing sidewalk area. new construction See GTMUD Figure 1 1. If no curb exists, as on Commercial Drive, the front streetscape zone shall begin a minimum of 6.5 feet from the front property line into the right-of-way. 2. The front streetscape zone shall also apply to any new buildings or structures in the C- 1 through C-3 Zoning Districts which underlay the GTMUD Mixed Use Subdistrict. 3. Properties developed in conformance with the underlying C-4 and C-5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 4. Steps and or ramps may encroach into the streetscape zone but no more than 3 feet. Front yard set back Sixteen feet measured from back of curb. if no curb exists as on Commercial Drive the front yard set back shall be a minimum of 6.5 feet from the front property line into the property. 1. The front yard setback shall also apply to any new buildings in the C-1 through C-3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlying C-4 and C-5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 3. 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 Front setback 10 feet 1. The front setback shalt also apply to any new buildings in the C-1 through C-3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlying C-4 and C-5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 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 5 feet 'Vaterfront 18 25 feet setback 2 t8 Outdoors seating areas,canal walkway,water management facilities, and landscaping area may be located 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 Building footprint A building with commercial use only is limited to a maximum building footprint of 20,000 square feet, except in the"Mini Triangle", defined by US 41 East, Davis Boulevard and Commercial Drive, where the maximum limit is 30,000 square feet Maximum height 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. Mixed-use: Residential on 56 feet, not to exceed 4 stories. top of commercial uses. ,Maximum height of 56 feet, not to exceed 4 stories ,uitdings. Hotel/motel "Mini Triangle"Mixed Use 112 feet, not to exceed 8 stories. Project. Maximum height of buildings Maximum height of The maximum building height of properties developed in conformance with underlying C- buildings. 4 and C-5 zoning classifications shall be as required by section 4.02.01 A. Table 2. Mixed use building uses Only first two floors can be used for commercial uses. Ceiling height The first floor ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only. Maximum density 1. For a mixed use project, 12 units per acre in the"Mini Triangle,"defined by US 41 East, Davis Boulevard and Commercial Drive. These bonus density units are not deducted 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 • East side of Airport-Pulling Road For these excepted areas, three units per acre, or as may be allowed by a rezoning pursuant to the Future Land Use Element. 3. Residential only projects (not part of a mixed use development), per the underlying zoning district, or as may be allowed by a rezoning pursuant to the Future Land Use Element. 3 EXHIBIT "B" . B - °L_.., a T.,le-diflittatliEt: ::g: a -"mom _ CIA III la in 0-.:= I. a 115111111101 --" 11111111111111111.1r•4 IC-1) Ell i-11 i-7, • "'PI" .. ipipajtoip IIIII IiIalaiii.=_..............6;E - ( . 11111=1,Elimi Fret-. i.,,iii.:2,,,,,,411,.:'.,,,k■tr ginv...1 .N ,,,-.411 i —\ I4-17 IMMI i I II A,:,......,,,,,.;;It!.vi 3 _.0... ',....,r----\—\\., -IniF-1 6 ( IJA 111.911101- AP. _.....1.00'1616, alliM,iNt13'•;t1:‘• •\ I -1 (4'. ,,s,-...-.-1 4,;:ftwv .i'llifilinrirtin—r,.1",... "A) WINIThir I rir 4,, 1PP A4•oli.i 1 1 •s -s •.- ,(ii: —46''''..' A Mai .4t.'4: 1.. ' -r111111111111111k r..i pay...,Mixed Use District Ovettau 40 PIP" MUD 11310i) . it.'4 II... IIIMM' „ F-1 Intl10.112 Residerdiat Sulxlistkl2 ler,4%,„' •1 r- raAmp 1 u, .qtl alewax Trisects Mixed Use Distdct Overlay tiPil . 2101aMminuilill 1----1 GT/IUD-MX°Mr,e41 Use SttdavIct laill 1........„ ..9r-ffintirt—Illifil I=OUSUO-RResidentaiSubcrubil ) // 11 41 1113F toe, Future Lend Use 14-1WIIIMM 311111111'111111:1 ET3 Activity Center 16 .:�, .~"""""""""^~ Mixed Use Potential MO fIBIBBBBI1BW11191 P,----7-7-1 IMiiii" • p= ~~ | ',Z=. | .M~~~ =~°_---_'_ C EXHIBITT 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 EXIST IN THE COUNTY; FINDING THE REHABILITATION, CONSERVATION OR REDEVELOPMENT OF SUCH AREAS IS NECESSARY IN THE PUBLIC INTEREST; FINDING A SPECIFIED AREA TO BE A BLIGHTED AREA AND A COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICT WITH OTHER 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 conditions within the boundaries of Collier County in the areas Identified,described and depicted on Exhibit"A"attached hereto and made a part 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 considered such other evidence of the conditions In the Area as have been presented to it,the Board of County Commissioners desires to proceed in accordance with the authorization and powers granted by Part III, Chapter 163, Florida Statutes,to establish the necessary means by • - which 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. Findings• 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 12 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. .r'n. o ►- e it. 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. Community Redevelopment Area, 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 12 C "community redevelopment area" as defined in Section 163.340(10), Florida Statutes (1999). Section 4. ontlicts. M resolutions and parts of resolutions in conflict with any of the provisions of this resolution are hereby repealed, provided, however,nothing herein is intended nor should be applied to affect,repeal,alter,amend or supersede any previous resolutions adopted by the Board of County Commissioners finding any other area or areas within Collier County to be a"blighted area"for purposes of the Community Redevelopment Act. Section 5. e er 'i v. If any section or portion of a section of this resolution, including any part of the exhibit, proves to be invalid, unlawful, or unconstitutional,it shall not be held to invalidate or impair the validity,force,or effect of any other section or part of this resolution. Should either area constituting part of the Area or part thereof shall be severed from the Area and the remainder shall constitute the Area for purposes of this resoluition. Section 6. Fffe tive date. This resolution shall become effective immediately upon its passage and adoption. Section 7. This Resolution adopted after motion,second and majority vote this !L- day of 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT 6.BROCK,CLERK COLLIER C - `r FLORIDA . ,4 ',, '� _� BY: 1 E C>.-_R At e TIMOT .CONSTA i Attest' to Cha mare s sign ture'cr'y. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Air David C.Weigel County Attorney 12 C 1 EXHIBIT A BAYSHOREIGATEWAY TRIANGLE REDEVELOPMENT AREA DESCRIPTION BEG SW CNR SECT 2,TWP 50, RNG 25, N 630', E 662', S 427', E 200',N 270',E TO THE E THE R/W LINE OF BROOKSIDE DRIVE, S TO THE SW CNR OF LOT 10, SUNSET SUB,E T CREEK SE CNR OF LOT 6, SUNSET SUB, S 92', E TO THE NW CRN OF LOT 55, BLK A, PARK, N TO THE RNG CNR OFOOTH10,W CNR OF SECT 12, TWP 50, NG 25,E 670GW LINE SECT', 735',, RNG 25, S TO SWLY S 730'TO THE 20N'EL 990',��LINE U.S.41,CONT SWLY TO THE NWLY 523', LINE U.S.41, SWLY AL TO THE N NWLY ALG THE SWLY R/W LINE OF U.S.41 TO ITS INTERSECT WITH THE W RNV LINE RO� BLK K BAYSHORE DRIVE, S TO THE N R/W LINE OF WEEKS AV 6 ' N 1355',W TO THE NQMAH SUB,W 100', N TO LINE OF PINE STREET, N TO THE SE CNR OF LOT 2, K, LINE THE N NG OF AVE TON THE SW CNR OF LOT 2,(B AND WLY ALG NLY K C,INOMAH SUB,W O THE W RNV WASHINGTON AVE TO OF SECT 11, ST, N 50, RNG 25, N TO HE SW SECT CNR OF SECT 2,TWP 50, RNG 25 LINE OF SECT 11,TWP 50, RN AND THE POE. AND BEG SE CNR SECT 23, TWP 50, RNG 25, N ALG THE E SECT LINES OF SECT 23 AND 14, TWP SUB,50,TO THE 25,TO OF HALDEMAN DEMAN CREEK, E RNG O THE THE SE CNR LINE OFU.S.X41, NWLY SUB, N TO THE S LINE OF NAL ALG THE SWLY DR RE, S TO THE N R/W LINE OF WEEKS AVE,W 761',N 13 5I W TO THE W BAYSHORE DRIVE, CNR LINE OF PINE STREET, AN RIVER SUB, S TO THE NALINE OF HALDEMAN CREEK, NW THE S RNV LINE OF CNR LOT 14, BLK F, HALDEMAN ALG THE 0 LINE 25 OF HALDEMAN AL ECREEK ECT LINE OF SECT 14 AND 23,TWP 50, RNG 25, • SECT THE SW 50, RNGCTSA TO THE SW GNR OF SECT 23,TWP 50, RNG 25, E TO THE SE CNR OF SECT 23,TWP , RNG 25 AND THE POD. BAYSHOff i GATEWAY TRIANGLE REDEVROMENT VI C 1 .L, ....----,....., _ . I 4nTi 11111111 nu In'2: sssssssss. nninini-raffi2 r raft__ _40,••' 1—,._ IL •=Inomonflii ar...!:._..-.14 I %:14 . A=i E.'2•S a or, -IplimatrOtOp=IallaallilLIME...Minipill alablarturti ,11. riligt,ffitirillitig4.7 ii2EVERgfi:■.:::::7:0,2 ss iyilai:1: . 4.1.13114,..r„idon. 1114-2 TM--■11■111411intutt AI sssss air1.21111. Intl _ ,.:1_ _,./- ^....k;&MI(EILIVOIN11111.!Migill I ...= 1 447:ZTFiEl It'c'Elonirlin I rel r- 2411r111131E 11111A111301,2 1E -Pgi NM I... maimnid=d 111111111111 itztoleg••••• ._, - . 1 e. VW '!..;•.7:411Min=r. • In '".t.--a- .;:"" '— I ,- ---, I- ' l'"""1 - ::::t1::::1 NI ,111.. ' '''—'• ••■••■• • „.41 mini L. !_..„„„,..........,....i,...,•1 .jolig-s ,...j, ...„ ..,....r,..... . .1 -. -gbh iitylti", 1 iiimmiu=zittpagro :_____. e',. , ‘ Tierligl '-- - ...: ciEtv,,,:11.i...,11..`..1.;•71 I II=P.trouSint_:1 ..L..... 1-.-,-,-,iri me' ----' i7i A . -. .---- ,,....404-4, •4Espi .. •i. - . in 1 , 1,, %fug. :I i, 1 minim-Mir”IL Ze11,4+ 4 Ilan/721..mit... 'Mil:" 7„....i.,10,1ir*"igt13::4S irolo . .1a./1.1 L.' 111 raftfd‘litill ii idital di 111•11111110. 11011r.arfiTirildhlijAq giatlitlif.... ISW. ittr ""•"" 111111 Zilf •• ■ 'ill*:i ,ivaill4 • 0.• "' •4.1A _ . 1113 uNILVIIII ...,11111: li Inli L111131 LI"Vit = -11 "11:14:4111114: ,_, ,A.1 Mllipll,_la, 7, 11 krti - .' 71.411:810=1 al y li t'll :T; 7.-4: ..k.., 1G i - i , I , -... .. ---i). IcAlcti!Ifi riiritir7i.) ‘sl\\ ■".----V**---I • I_L=i M 111 111:1111n11111T1M 11:z_. i--lnm11u1 i mwthmin. 1_plllll_1 Is:n__z y_1_1m._k..t.l.e„-A4.44i oinui 4r1r 2Vi.•,iV 4.7 V: mil cmoiniro. -'..)..) *, _ 413:4%.&-ilithiE MENII.1.111::,---:Z:114*-X11111111111111111111111.1. • , — i, mon,---■• inor gympie ,,-- --- ... • to, :. T.■Aor 2111 p. 4 014111„PFE•',.■ , . - - 4=-Eaucktumin• ..‹.:„.- q .j_.+-IIINEF ._. _ ,,1 ..'.a i;:II a.::7:v:1 1:7 II.....4, ..•.,,, - i Igusal!Malle Erizitinnifinnonnix 1117—fr...2. --11..Id Iir.":611111:11674.1k. ' A. \N - 6, ...,,,,,,,kiagmr ..%..w. I :rill= 'y .2:- -II =wow=1 r' III • Zap semi :77:4 I / iM:11W litl?‘1141. \\1 mounowns: M111111111111 ■-/ I -liallagIllimmaN aillalllaaillaillIlli *-- agUillpilliana - 111119114111MIN N , wiIiiiinimis ana' /7 WM USX 1..=ZRZ \ 0'-•.'•••• ) . ,I \ 1 j ! I: /1 1 I--- 0•"'". 4 l' 0•,,,...,..,......- 1 • FFiltlE2it.:t71'1'77:isa,r'.." D , ; . EXHIBIT"D" ; COMMUNICATIONS PERTINENT TO INQUIRES FOR DEVELOPMENT OF MIXED USED • PROVISION OF THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AMD ELIGIBLE RESIDENTIAL DENSITY. II I I • • i I ii Jo ,.. • t'C)N V 't IN<,; ACTIVITY CENTER#16 A. 1977-2007 Paulin ii( I October 11,2007 iI David Weeks,AICP Planning Manager Growth Management PIan Services Team Collier County Government Development Services Center 2800 North Horseshoe Drive Naples,FL 34104 RE: McKay Property,Folio Numbers 61842240009,and 82641240001 Gateway Mixed Use Overlay District Dear Mr.Weeks: I am sending you this letter pursuant to our discussion last week about the Gateway i • Mixed Use Overlay District(GTMUD),and more specifically the property owned by Dan McKay,which falls within Activity Center##16. If you recall,based on your preliminary assessment of the Mixed Use Activity Center Subdistrict section of the Growth Management Plan(GMP),you opined that the McKay property might be limited to a maximum density of four units per acre if developed as a mixed-use develoliment. The language pertaining to mixed-use developments is provided below. "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 on 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 the 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 acres. If such a project....." Upon close review of the Mixed Use Activity Center Subdistrict,we concur that the 1 • language included above does indicate a limit of density to four units per acre. However, we respectfully submit that this language is contrary to the GTMUD intent(and in Planning•Visualization'Civil Engineering•Surveying*Mapping 1542 Carson Street,Fort Myers,floddn 339014(239)278.5224,lax:(239)278.5419 m,:.consu8•nrn•rom I i I ; ' 1 I I , ' , i � , I RWAri�. I conflict with the specific GMP language relative to the allowable density in the I GTMUD),and thus the Board's policy intent. We believe that the density limitation may I ' either result from a scriveners error or is the unintended consequence of conflicting ' language in the Growth Management Plan. i I In order to fully asses this densii3Bi�issue, o e/Gateway Triangle Redevelopment lent Ovel ay, must be carefully reviewed: the y � and the Urban Commercial District,which includes the Mixed Use Activity Center Subdistrict, The Ba 3 shore/Gateway Triangle Redevelopment Overlay section of the GMP explicitly states that the intent of this overlay is to allow higher densities and additional commercial uses to promote redevelopment of the area. � the revitalization of the I "The intent of the redevelopment program is to encourage Bayshore/Gatetivay Triangle Redevelopment in this urban ayea This incentives that for will encourage the private sector to additional neighborhood commercial etc l uses and higher residential densities that will promote the assembly of cone promote the assembly of property, joint oL es and neighborhoods.ittThe intent of this providing interconnections between p p Overlay is to allow for more intense development in an urban area where urban services are available." Sections 4 and 5 of this overlay further go onto say that properties with access to US-41 and Ba Y shore Drive are allowed a maximum density of 12 units per acre if the project is developed as a mixed-use project access and[ tBa sluore Drive are thee Coastal High Hazard be I noted that all properties with aeee Y • Area and within the Urban Coastal Ft1Additionally,all properties twith access to US-41, maximum density of 12 units per acre. with the exception of the Collier tl e UriUa�yCnGovernment tal Fringe Subdistrict.within A11 of thesellA and many of them are also within I properties are allowed a maximum density of 12 units per acre,except the ones that ate within Mixed Use Activity Center#16. Section 6 specifically states fihaeA.overi e 1 by the Mixed IIsc Act squarely Cett the er Subcl et�ct. the GTMUD,will continue to b g Th y subdistrict typically nte allows 16 fforded th s spec l treatment.1Based on the intent of the why was Activity Center#16 a GTMUD and the intent behind the establishment of Activity Centers,it is reasonable to assume that the specific treatment of Allocveylctlerougho6t was the r�t allow of the Gdensities TMUD.least equal to,if not greater than oil As you know,Activity Centers located at the intersection areas tfor greater densities and introduced because they were identified as intensities. Additionally,the Mixed Use Activity Center Subdistrict allows a maximum Designing the future one decade at a tinge. I I • , 1 : RW1 ". 11 per acre for residential-only projects unless located within in the Urban 1 of si units p 1 j . Residential Fringe Subdistrict or the Urban Coastal Fringe Subdistrict(however,the i CrTMUT limits densities to a maximum of 12 units per acre) . It should be noted that the • limitation in no way pertains to the CHHA. 1 I For residential-only development, if is notc�vititni the Urban Res'►Residential Fringe i Mixed Use Activity Center which Subdistrict or Urban Coastal Fringe'ect is located within therboundariestof a Mixed acre may be permitted. If such I 1 I Use Action Center which is within d the ellingnimits pe?ac_ t c--lee t acs 11— o_ �1ys by_ ' ell'ible densit shall be limited to four 1 flee density ratin>? system. If such a project ifihin located Urban Res Residential boundaries Fringe Mixed Use Activity Center which r that Subdistrict. For a I Subdistrict, eligible density shall be as allowed by residential-only project located partially Activit 11Cei ter portion of tl�e project may Center,the density accumulated from the Y i be distributed throughout the project. mixed-use developments,however,the density limit applies to areas within the Urban \ Residential i I P�esiclential.Fringe Subdistrict and within the the CHHA rather than the UrbaiilCoastal / residential-only restriction in that it references Fringe Subdistrict. This discrepancy is very significant ill GTMUD results in to either Center#16 being singled out as the only Bayshore or U5-41 that is limited to of the Urban Coastal Fringe Subcl trict,including c the i within Activity Center#16,outs McKay property,would be allowed a maximum density of 16 units per acre. In further support of this argument, ai hovt111alUle adclitioilltoCthe brlee g clens'ty explicitly state that density bonuses provided within the GTMUD and that bofor nus properties a be the clearly demonstrates affordable-workforce housing density an intent to allow densities g,t eatei than the 388 tut tssrvatlable in the density Also,can section 10 of the subdistrict makes it clear only be used for properties with access to Bayshore ctiv'tytCenter language that limits CIIIIA. This is in strict contrast to th density in the CHHA. Further,this density will be transferred from property within the CHHA,and thus no overall increase ix s outlined below,the bonus traits come f oral the will occur,even with higher densities on specific parcels. A botanical gardens property located within the CIIIIA,and shall be used exclusively within the CHHA. (XV)9. 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 provided et However, o properties within the o tar High Hazard Ara (CIHA), o ty the t affordable-workforce housing density bonus, as provided in–the Designing.the future one decade etc time. fin in 11 -- 3-Il RWA,C. density I Density Rating System.,is allowed l lies,ntheclui�ain�the n density allowed { I � provided herein. For all properties, is that specified under Density Conditions in the Density Rating I � ? System. ■ (X�1p, this maximum of density 8 r bonuses,as provided in,paragraphs#41 and this Ovetlay fo #5 above,for that portion of the Overlay lying within the CHIIA only.This 388 dwelling unit density bonus pool corresponds otex ond with ` the number of dwelling units previously to establish the Naples I gardens sites prior to their rezone in 2003 t Botanical Gardens PUD. The"mini triangle"catalyst project is not subject to this density bonus pool. I (X 1) 11. The Botanical Range 25 East,an 1 show on the Section 23,Inc.propertis located in Township 50 South, Bitysll0re/Gateway Triangle ial uses except for Overlay Map, dormitory,at�Cl I limited to non-resident other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. ■ summary,we believe that the intent of the GTMUD was never to limit the density In Y ' of mixed-use developments ti��ithieV Activity provided above and the fact that of 12 i units per acre. To the contrary, , •residential-only projects within Activity sl o e Center nd USG 41 can are alloti allowed ul�rto 121 up per I units per acre and projects along Bay shore do not support an argument for reduced densities. , While we understand that your opinion is based upon the existing Mixed-Use Activity Center Ianguage,you can certainly apps ci in that ethere are discrepancies ion7within the Growth Management Plan that could recognition of this,we request your direction as to how we can resolve this conflict. It is my understanding that we can pursue the following paths: I 1, Request clarification as part of the public petition process at a regularly I scheduled BOCC meeting;or, 2. Staff recognizing the GMP conflicts outlined above,could bring the matter before the Board for policy o of the CRA Director believe could bring this issue Comprehensive Panning Staff before the Board.);or, 3. Request an official interpretation from staff—however we understand tha that we staff is constrained to interpret inaonsistelcies and discrepancies o tl'iRiied above assume staff would highlight ! Designing the future one de!i de at ttiime..ii H L/-f`. RiTiTA„' In closing,we tl}ank you in advance for your consideration and assistance with this I I g please contact file at(239)398-2016. , I matter. Should you have any questions,l Sincerel ! J Patrick anasse,AICP ' 1 Pate � � Planning Manager I Cc: Robert Mulhere David Jackson 1 I • • , I i i ■ Designing the future one decade at a time. : ; 1CI11El5151 'ou, rd nj From: JacksonDavid Sent: Wednesday, May 23,2012 9:13 PM To: jourdan_j 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 Original Message From: jourdan_j Ii Sent: Tuesday, October 16, 2007 9:34. AM To: 3acksonDavid Subject: RE: McKay Property - Gateway Mixed Use Overlay District Letter f ' It appears that David Weeks has made his position clear and that it is not in their favor. If they request and interpretation it will not be favorable because he says they will have to make an appeal before the Board of Zoning Appeals. I guess the quickest way to cut to; the chase would be a public petition to the BCC. Original Message From: 3acksonbavid Sent: Monday, October 15, 2007 8:56 AM To: jourdan_j Subject: FW: McKay Property - Gateway Mixed Use Overlay District Letter Let's talk David Jackson Executive Director Bayshore Gateway Triangle CRA 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; 3acksonDavid 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; 3acksonDavid; 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 ; I public hearing. Either of these two options would, unless staff's interpretation is in your Ii 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. 1 ' I David Weeks, AICP, Planning Manager Collier County Government ' i1 Community Development & Environmental Services Division i Comprehensive Planning Department 2800 North Horseshoe Drive Naples, FL 34104 li phone: 239-403-2306 fax: 239-213-2946 i email: davidweeksOcollieraov.net <mailto:davidweeks(alcolliergov.net> website: www.colliergov.net <http;//www.colliergov.net/> I j ' � ii 1 I f , I From: Betsy Samz [mailto:bms @consult-rwa.com] Sent: Thursday, October 11, 2007 1:56 PM i I ; To: weeks_d Cc: djmckay@sbcglobal.net; 3acksonDavid; Bob Mulhere; Patrick Vanasse Subject: McKay Property - Gateway Mixed Use Overlay District Letter ii , , , I I Mr. Weeks, I ; Attached is the letter regarding McKay Property, Folio Numbers 61842240009, and 82641240001 j Gateway Mixed Use Overlay District. Should you have questions or comments please feel free i to contact Patrick at anytime. ! • i ; I ' Thank you and have a great afternoon. I . ' 2 Betsy Samz Planning Coordinator RWA, Inc. 1542 Carson Street Fort Myers, FL 33901 it (239) 278-5224 phone (239) 278-5419 fax www.consult-rwa.com <IIIPIthausigli4t=r6t2ML> 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 "1i i • i 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 Muihere; Betsy Sanz; Patrick Vanasse i Cc:djmckay @sbcgiobal.net;JacksonDavid Subject: RE: McKay Property-Gateway Mixed Use Overlay District Letter i Bob, I stand by my response below - the only processes I know of for BCC/BZA to"clarify"this is via OI Appeal or MUP/RZ. i 1 David Weeks, AZCP, Planning Manager Collier County Government CoMmunity Development a Environmental Services Division Comprthentive Planning Department • 2800 North Horaeahoe Drive Naples, rL 341d4 phone: 239-403-2306 fax: 239-213-2946 email: devidveekelcolliergov.net websites www.colliergov.net Original Message From: Robert Muihere [mailto:rjm @consult-rwa.com] I � Sent: Monday, October 15, 2007 7:34 AID] 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 Muihere; CohenRandall ( I Subject: RE: McKay Property -- Gateway Mixed Use Overlay District Letter i 1 I . I Patrick, In response to your request at end of your letter, since the issue is I ; 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 I ' 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. 1 I ' • 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: davidweeks @colliergov.net <mailto:davidweeksQcolliergov.net> website: www.colliergov.net <http://www.colliergov.net/> From: Betsy Sams [mailto:bms @consult-rwa.com] Sent: Thursday, October 11, 2007 1:56 PM To: weeks_d 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 lb-%l Planning Coordinator RWA, Inc. : j 1542 Carson Street ! I Fort Myers, FL 33901 (239) 278-5224 phone 1 (239) 278-5419 fax www.consult-rwa.com <http://www.consult-rwa.com/> II Under Florida Law,a-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 mall to this entity.Instead,contact this office by telephone or In writing. • I i 3 // - IJ 1 PROPERTIES NORTH OF DAVIS BOULEVARD 'owrdan ' From: Jackson David Sent: Wednesday, May 23,2012 8:21 PM To: jourdan_j Subject: FW:Brookside Marina II David Jackson Executive Director Bayshore/Gateway Triangle CRA Bayshore Beautification MSTU Haldeman Creek Dredge MSTU From: DANFOXFIRC @aol.com [mallto:DANFOXFIRC @aol.com] Sent:Wednesday,August 01,2007 1:38 PM To:JacksonDavid Subject: Brookside 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. 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..Pioli F P Real Estate Investments, LC 1346 Kings Way Naples,FL 34104 (239) 777-1103 Get a sneak peek of the all-new AOL.co►n. 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 mall to this entity,Instead,contact this office by telephone or in writing. i jourdanJ From: JacksonDavid Sent: Wednesday,August 01,2007 5:45 PM To: DANFOXFIRE @aol.Com Cc: jourdan_j j Subject: RE Brookside Marina 1 I The map has been identified as incorreck 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.coiliercra.com From: DANFOXFIRE @aoi.com[mailto:DANFOXFIRE @aal.com] 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,pavidJaoksonacoillerCOV.net writes: nit of Da/is Blvd property develops under C-4 zoning uses and design criteria in the Land Development Code. That portion of the CRA is not aovemed 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 I believe you'll find language in the GMP that discusses rezoning into mixed use. David Jackson Executive Director Bayshore Gateway Triangle CRA 239-843-1115 www.coliiercra.conl i From:DANPDXF-IRE @aol.com [mailto:DANFOXF-IRE @aol.com] Sent:Wednesday,August 01,2007 1:38 PM To:JacksonDavid Subject: Bilookside 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 I i forms of information that would be helpful in understanding the development guidelines for the redevelopment l i area and mixed-use projects would be very helpful. it 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 Ii Daniel R. Pioli FP Real Estate Investments,LC 1346 King{ Way Naples,Flt 34104 (239) 777-1103 • Get a sneak peek of the all-new AOL.corrt. WOW,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-u"se'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.Pail F P Burl Estate Investments,LC 1346 Kings Way Naples,FL 34104 (239) 777-1103 _ I Get a sneak peek of the all-new AOL.com 2 To:Jackson David 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:JacksonDavid<DavidJackson @coiliergov.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 8a shore Gateway Triangle CRA 239.843=1115 rivwpIliercra.dom 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 Sperdutl <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 Law,a-mall addresses aro public records.If you do not want your a-mail address released In response to a public records request,do not send Under Florida I electronic mail to this entity.Instead,contact this office by telephone or in writing. II • 3 ' I I I 'ourdan From: JacksonDavid Sent: Wednesday, May 23,2012 8:37 PM 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;Jourdan j; UT Subject:PUD Info Commercial Mixed Use Subdistrict—you may be able to down-zone from C-4 to C-3 uses and get some residential density.The PUD could be accomplished with less than 10 acres because it is an infill and/or in the urban coastal zone fringe area. You really should take wlth.lean 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 www.coliiercra.coni From: Michael McMaster[maiito:mmcmaster @cwm-corp.com] Sent:Thursday, December 31,2009 2:08 PM To JacksonDavid;'Arno De Villiers' Subject: RE: Goodyear Thanks for notification David. Goodyear land asking price is steep. The good news is the owners of parcels 2a,2b and the marina are working with us and we hope to have signed contracts soon. Once we have these under contract at competitive 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 Yearl Mike 1 � ! Michael McMaster,MBA Naples Urban Village,LLC Naples,Florida Phone: 239495-6333 Fax: 888-226-5855 Webslte: www.naplesurbanviilage.coni This communication is a confidential and proprietary business communication.It is Intended solely for the use of the designated mecipient(s).Any review,retransmission,dissemination or other use of or taking action in reliance upon this information by persons or entitles other than the Intended recipient is prohibited.If this communication is received In error,please contact the sender and delete this communication. From:3acksonDavid f mailto:DavldJackson @colliergovinet] Sent:Thursday,December 31,2009 1:33 PM • To:Arno De Villiers Cc: Mike McMaster Subject: Goodyear E. FOR SALE LEASE IIIYYYI14Y111 pM•YH1Y.. Fk51•111Or - • T' God dyoar Tim -�), ... .. Fr•7rillso TAminlfll Traif Ennt S '• '�,.. Cammor'1nt Drive. Reduced PriCe! -1Ft r - ,. 2O1i5 Trinrinnif Trail Enst.N:Iplur. pies RPnU 1.11 .1 'It . at l,.nt flte• anew, 1 -.r .. . 1... ..p6-.•1 71 I, I i r! 01,11.IIM1 1 fiI• ,I.1 . . ,I 1 I E0111110! .1.1 WI'. n..l..,1 r.I ,b yeti Yl....p 41;7311. t•rapWny MOO: 1,..e •r; .1 Rral Foy!.T.1tira •'.'.l• 171.•1 Yeatti.'a •'stt _. TIntI1,C.4.ni. 10• If T.RIIV'.1•• •r TI 1+xM•.(1 At ..I $1_1.1 I Chi sooprotdaaY. it . « . Awl 71.11...1,q• 11!.e I N.'• `:ft./1,4 P ...1• n Id II 1f.• 17/1 111. r.'M41l.IN4 i1u.l ,..,.1'.1.: '1.•4. 1 el4rt A(t CI.•III tl...,..:,.:(;•t1 -13;41111.`411141 or ;•"••••••••• !�v 7.1/1, I,'IJ.I I3jQ WY•17 N•.'+.11vr1:111: u,=r r, h,•u, David Jackson Executive Director Bayshore Gateway Triangle CRA 239-843.1115 ! ` www colllercra,com From:Arno De Villiers[mailto:urbanvillagei @yahoo.com] Sent:Thursday, December 31,2009 1:15 PM 2 - I � 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 try 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 through.it then. MR.VANASSE: And if you'd like,what I'll do is I'll 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 teat.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 ofthe 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 hay 17, 2012 CHAIRMAN STRAIN: But if--you can't then increase the GNU above 12 without having to rechange the LDC. MR.VANASSE: Exactly. MR.SCOTT: Correct. CHAIRMAN STRAIN: Okay. MR.SCOTT: So the 12 units would apply to the BMUD,neighborhood commercial,the BMUD waterfront subdistricts,the other BMUD residential subdistriets, 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 MXD 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 Iv1UPs 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 G2. 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 GfVIP 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/LI)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. COMMISSIONER SCHIFFER: 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. • COMMISSIONER 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,first 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? NIS.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? How 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 head it a little bit differently,which-- MS.JOURDAN: I'm 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 TDB'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 want 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 our 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 took 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. MIIR.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. COMMMISSIONER 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 of these 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 teal straight through way to check what the existing code is. This is --ifs 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 // 1/ I/ • / X ? / Li V- I • FUTURE LAND USE MAP R 21 1 I X 11 1 1 I II E I 1 11 1 I 1 11 1 I X 11 1 I 2 31 1 I X 12 F I 2 31 11 I 2 14 1 I an-zos M.:12140P-STOZ a......... FUTURE LAND USE MAP 1217.11.......1 11..4........... -4 •••••......",,......" 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J 2 21 1 1 R II E 1 I 17 1 I R 2#1 I I 11 E I t 31 t I I III I I 42 1 I 4 34 E I I 34 E I I PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,May 28,2013 in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 E.Tamiami Trail,Naples,to consider the Adoption of the following County Ordinances,for transmittal of the Adoption 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 of the Adoption amendments to the Florida Department of Economic Opportunity(DEO). The Ordinance title is as follows: ORDINANCE NO.13- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLER COUNTY FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT FUTURE LAND USE MAP(FLUM)TO CHANGE THE DESIGNATION OF THE GORDON RIVER GREENWAY PARK TO THE CONSERVATION DESIGNATION, PROVIDING FOR SEVERABILITY,AND PROVIDING AN EFFECTIVE DATE. 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] ORDINANCE NO.13- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. PL20120001213/CP-2012-3, a petition requesting amendments to the Future Land Use Element (FLUE), to chaff-the Bayshore/Gateway Triangle Redevelopment Overlay-by expanding the area subject-AG the-dcasity - 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] 1 �8 " HENDRY Ern I � G 84.0� �aE CP-2012-1 M s -7s .-10,`1 a�° R-34 - CP-20124 `I 1, 8W- tei 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, 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 Planning&Zoning Department,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday, May 28, 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:Teresa Cannon-Deputy Clerk(SEAL) No.231195031 May 8.2013 NAPLES DAILY NEWS r Published Daily [fie e ®�p�1'I l,i 11 Naples,FL 34110 M. Affidavit of Publication _ r2 meat State of Florida �� Y Fone2 t '�"�" `' ?- � 2012 the Counties of Collier and Lee Stallers u t t e onall �iinetr is *�} ' Before the undersigned they serve as the authon y,p rs y }�. ; appeared Amy Davidson, who on oath says that she serves asx s � - E Inside Sales Supervisor of the Naples Daily News a daily �OUrneW ,4;,i' newspaper published at Naples, in Collier County, Florida; '`� }. distributed in Collier and Lee counties of Florida that the _ .i r �,.to attached copy of the advertising,being a �> owe_ gii.a- e,.are 4 ,_4 irial PUBLIC NOTICE x t y man y 2 in the matter of PUBLIC NOTICE td a very job . e - - ; tti : G• 1AFTE�R: . .r was published in said newspaper 1 time in the issue , £ _ , , �� ment on March 15, 2013 . ' GS , „' i"` elop- Affiant further says.that the said Naples Dail News is a news a er - '` * a"d Y p Y P p "4 x :.see] published at Naples, in said Collier County, Florida, and that the said 4u�" f ` r newspaper has heretofore been continuously published in said Collier i. County,Florida; distributed in Collier and Lee counties of Florida, p 7 each day and has been entered as second class mail matter at the post p` _ j office in Naples, in said Collier County, Florida, for a period of 1 r 4 4, t. year next preceding the first publication of,he attached copy of ��` ' `` � , i advertisement; and affiant further says that he has neither paid nor r � `"� �` ¢ promised any person, film or corporation any discount, rebate, t commission or refund for the purpose of securing this advertisement fore eia5 a -`' ',';a-,.'' T 03, +mss- , ' pubhca on in the said newspaper. 1}/OUr flOnl x ''�� ' �t � ��r� / 4lel.n �ision}a , Plan (Signature of affiant) °� ° -f� ! � ffce, ,- -- � ZOn- Sworn to and subsc ed\before me ; Tl' '22nd day of ch 13. �C®171�D;1e ect �� CIO l5m lr 9 ;in- 1 )LatfUL-61, C,� C - ors s� rr® r p (Signature of notary public) ��r TO � e=1r� 3a_ vner/Contracfo Q lq� PRY SOPR1v1lSSi0i�TMEES 20'4 BC1 _80 • 253 C �a'; a cnpOlsi November ce mo:ncy : C` Bondea'" pith.. Insuran NAPLES DAILY NEWS Published D4i o . NOTICE OF PUBLIC HEARING Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thurs April 04,2013 at 9:00 A.M.in the Board of County Commissioners chamber,third floor,County Govern, Affidavit of Publicati i Center,3299 East TamiamiTrail,Naples. . _ - The purpose of the.hearing is,to consider recommendation to.the'Board of County,C ommissioners State of Florida to transmit to the Florida Department of Economic Opportunity the Adoption of the 2012, ; Lee Cycle Growth Management Plan amendment(s), to the Future Land Use Element and .the Counties of Collier and Lee Future Land Use Map and Map Series.The ordinance titles are as follows: ORDINANCE NO.13- Before the undersigned they serve as th AN ORDINANCE AMENDING ORDINANCE NO.89-05;AS"AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLER.COUNTY appeared Amy Davidson, who on oath FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE GORDON RIVER GREENWAY PARK TO Naples D ELEMENTFUTURE`L_AND USE Inside Sales Supervisor of the Na l MAP (FLUM)TO CHANGE-THE DESIGNATION'OF THE THE CONSERVATION DESIGNATION,PROVIDING FOR SEVERABILITY,AND PROVIDING AN EF newspaper published at Naples, in C. FECTIVE DATE. distributed In Collier and Lee counties 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 attached copy of the advertising, beinf Designation for theCounty-owned Gordon River Greenway Park property located in Sections 27 and 34 Town ship 49 South,Range 25 East,consisting of 123.60+acres.[Coordinator:Michele Mosca,AICP,Principal '- �T O I TT Planner] PUBLIC 1� CE ORDINANCE NO.13- -- _ _ AN ORDINANCE AMENDING ORDINANCE NO. 89-05,AS AMENDED, THE COLLIER COUNTY • GROWTH MANAGEMENT PLAN-FOR,THE UNINCORPORATED-AREA OF COLLIER COUNTY, in the matter of PUBLIC NOTICE FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND'ELEMENT RELATING TO THE BAY- ' SHORE/GATEWAY TRIANGLE REDEVELOPMENT,OVERLAY AND DENSITY BONUSES;PROVID-s" ING FOR SEVERABILITY,AND PROVIDING AN EFFECTIVE DATE. g: ; was published in said newspaper 1 timf PL20120001213/cP-2012-3, A petition requesting amendments to the Future Land Use Element (FLUE), to change the Bayshore/Gateway Triangle Redevelopment Overlay by expanding the area sub- on March 15, 2nd. ject to the density oonus for mixed use development, adding allowance fc. resides itial-only develop- ment _ to qualify for the density bonus, adding an explanation of.the density bonus calculation, and delet- ing the development standards -all without increasing the total density allowed within the Overlay; and, Affiant further says that the said Nap to add cross references to other FLUE provisions. [Coordinator: David C.Weeks,AICP, GMP Manager] published at Naples, in said Collier Co newspaper has heretofore been continu i mil 4C.nw.RIME RD County, Florida; distributed in Collier . CP.2012 1 each day and has been entered as secoi , R-„ ,_,° office in Naples, in said Collier Count J year next preceding the first publicati `P20'x3 advertisement; and affiant further says promised any person, firm or corporate commission or refund for the purpose ( ``; publication in the said newspaper. ' e r l / All interested parties are invited to appear and_be heard. Copies of the proposed Growth Management Plan J fi ° f, /f Amendment will be made available for.inspection''at the Planning&Zoning Department'Comprehensive Plan- r ' ning Section,2800 N.Horseshoe Dr.,Naples,between the hours of 8:00 A.M.and 5:00:P M Monday through (Signature of affiant) l-- Friday. Furthermore the materials will be-made"available for inspection at the Collier-County Office, fourth floor,Collier County Government Center,3299 East Tamiarili Trail,Suite 401,Naples,one week prior to ..; the scheduled hearing.Any questions pertaining to the documents should be directed to the Planning&Zon-. ing Department,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Thursday,April 04,2013,will be read and considered at the public hearing. Sworn to and sub svi ed before me If a person decides to appeal any decision made by the Collier County Planning Commission with'respect Thi 22nd day of -ch 13. 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 averbatim record of the proceedings is made which record includes the•^, f J/ testimony and evidence upon which the appeal`is to be based: 1_ e (iCtir......t4.„. C If you are a person with a disabilitycho 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-s, (Signature of notary public) Facilities Management Department,located at 3335 TamiamiTrail East Suite.101,Naples FL,341i -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: ''. - Mark P.Strain Chairman *, , ' ' Collier County Planning Commission ` h ,1 , ` a -f °No.,231195006 March 15; 201 � i r hcrd lnsu ance A9oncY ct " edThru Plc '' 'iF_IL.,----tt