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CCPC Agenda 10/18/2018 COLLIER COUNTY Collier County Planning Commission i I AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East,3rd Floor Naples,FL 34112 October 18,2018 9:00 AM Mark Strain-Chairman Karen Homiak-Vice-Chair Patrick Dearborn Ned Fryer Stan Chrzanowski,Environmental Joseph Schmitt,Environmental Thomas Eastman,Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore 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. Collier County Planning Commission Page 1 Printed 10/11/2018 October 2018 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes A. September 20,2018 CCPC Minutes 6. BCC Report-Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised 1. PL20170002501: An Ordinance of the Board of County Commissioners of Collier County,Florida amending Ordinance Number 09-37,the Avow Hospice Community Facility Planned Unit Development; and by amending Ordinance Number 2004-41,the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of 4.89+/-acres of land zoned Residential Single Family-5(RSF-5(0.4))to the Avow Hospice CFPUD; by adding permitted uses including Individual and Family Social Services(SIC 8322)limited to community centers and adult and/or handicapped day care centers; by adding accessory uses; by amending the master plan; adding deviations; and revising developer commitments. The property is located south of Pine Ridge Road on the west side of Whippoorwill Lane,in Section 18,Township 49 South,Range 26 East,Collier County,Florida consisting of 20.55+/-acres; and by providing an effective date. [Coordinator: Nancy Gundlach,AICP,PLA] 2. PUDA-PL20160001023: An Ordinance amending Ordinance No.93-74 and Ordinance No.98-73,as amended,the Windsong PUD,to amend the Master Plan to reconfigure the preserve area location on the east side of the PUD,for property located on the northwest corner of the County Barn Road and Rattlesnake- Hammock Road intersection,in Section 17,Township 50 South,Range 26 East, Collier County,Florida,consisting of 37.6 acres; and by providing an effective date. [Coordinator: Gil Martinez,Principal Planner] Collier County Planning Commission Page 2 Printed 10/11/2018 October 2018 3. PL20180001205: An Ordinance amending Ordinance 89-05,as amended,the Collier County Growth Management Plan of the unincorporated area of Collier County Florida,adopting an amendment to the Collier County Growth Management Plan relating to affordable housing,specifically amending the Future Land Use Element; Golden Gate Area Master Plan Element; Housing Element; and Immokalee Area Master Plan Element to update terminology and to revise the density rating system to increase the affordable housing bonus from 8 to 12 units; recommending transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability; and providing for an effective date. [Coordinator: Corby Schmidt,AICP,Principal Planner] B. Noticed 1. PL20180002282: Applicant,East Naples Land Company, requests a commercial excavation permit to remove an additional 284,085 cubic yards from the existing approved commercial excavation,and haul it offsite from the East Naples Mine Phase 1 located on 5th Street SW,approximately 2 miles south of Golden Gate Blvd in Naples,in Section 21,Township 49 South,Range 27 East,in Collier County, Florida. [Coordinator: Matthew McLean,P.E.,Development Review Division Director] 2. PL20180002284: Applicant,East Naples Land Company,requests a commercial excavation permit to remove an additional 506,337 cubic yards from the existing approved commercial excavation,and haul it offsite from the East Naples Mine Phase 2 located on 5th Street SW,approximately 2 miles south of Golden Gate Blvd in Naples,in Sections 21 and 22,Township 49 South,Range 27 East,in Collier County,Florida. [Coordinator: Matthew McLean,P.E.,Development Review Division Director] 10. New Business A. Sea Level Rise Discussion [Coordinator: Mike Bosi,Director] 11. Old Business 12. Public Comment 13. Adjourn Collier County Planning Commission Page 3 Printed 10/11/2018 PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 1 of 19 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: OCTOBER 18, 2018 SUBJECT: PUDR-PL20170002501, AVOW HOSPICE COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ______________________________________________________________________________ PROPERTY OWNER/APPLICANT AND AGENTS: Owner: Applicant: Avow Real Estate, Inc. Mr. Jayson Roa, President/CEO, Avow Real Estate, Inc. 1095 Whippoorwill Lane 1095 Whippoorwill Lane Naples, FL 34105 Naples, FL 34105 Agents: Josh Fruth, Vice President Patrick Neale, Attorney at Law Davidson Engineering, Inc Patrick Neale and Associates 4365 Radio Road, Suite 201 5470 Bryson Ct. Suite 103 Naples, FL 34104 Naples, FL 34109 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 09-37, the Avow Hospice CFPUD; and by amending Ordinance Number 2004- 41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of 4.89- acres of land zoned Residential Single Family- 5 (RSF-5 (0.4)) for a single-family home to the Avow Hospice CFPUD; by adding permitted uses including Individual and Family Social Services (SIC 8322) limited to community centers and adult and/or handicapped day care centers; by adding accessory uses; by amending the master plan; adding deviations; and revising developer commitments; and by providing an effective date. AGENDA ITEM 9.A.1 PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 2 of 19 PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 3 of 19 PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 4 of 19 GEOGRAPHIC LOCATION: The subject CFPUD, consisting of 20.55 acres, is located south of Pine Ridge Road on the west side of Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The Avow Hospice CFPUD was approved by the Board in Ordinance Number 09-37 on June 23, 2009. The petitioner is proposing to add 5.3 acres to the Avow Hospice CFPUD and to add social service uses. The additional social service uses relate to the not-for-profit palliative, hospice and healthcare campus. Modifications to the Development Standards include revising the lake waterfront setback from “0 feet or 20 feet” to “5 feet” for principal and accessory uses. Developer Commitments related to the preserve area, transportation, landscaping, PUD monitoring, and lighting have been added to the PUD Ordinance. The petitioner is seeking seven deviations related to walls, sidewalks, preserve width, landscape buffer width, littoral shelf planting area, and parking lot design. For further information, please see the Deviation Discussion section of this staff report. An access road has been added along the southern property line to create a loop road on the site. The Master Plan has been updated to reflect the proposed changes. See attached Exhibit B-Proposed Ordinance. SURROUNDING LAND USE AND ZONING: North: An approximate 75-foot wide preserve area, and then developed commercial uses with a zoning designation of Pine Ridge Center West PUD and Pine Ridge Center PUD, and vacant land, and then a car dealership with a zoning designation of Pine View CPUD East: Whippoorwill Lane, a two-lane road, and then develop residential uses with a zoning designation of Whippoorwill Lakes PUD South: Developed residential uses, and a preserve with a zoning designation of Arlington Lakes PUD West: An approximate 150-foot wide preserve area, and then developed residential uses with a zoning designation of Brynwood Preserve PUD PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 5 of 19 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See attached Exhibit C - FLUE Consistency Review. Transportation Element: In evaluating this project, staff reviewed the applicant’s Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2017 Annual Update and Inventory Reports (AUIR’s). Policy 5.1 of the Transportation Element of the GMP states: “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed Rezones to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment Subject Site PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 6 of 19 as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard (LOS) within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” The proposed PUD Rezone on the subject property was reviewed based on the applicable 2017 AUIR Inventory Report and the applicable 9th edition of the Institute of Transportation Engineers (ITE) manual. The Traffic Impact Statement (TIS) submitted in the application indicates that the proposed development will generate approximately 68 PM peak hour two-way trips, which according to the TIS, represents the same number of PM peak hour two-way trips. The proposed development will impact the following roadway segment within the Northwest TCMA with the listed capacity: Roadway Link 2017 AUIR Existing LOS Current Peak Hour Peak Direction Service Volume/Peak Direction 2017 AUIR Remaining Capacity Pine Ridge Road Livingston Road to I-75 F 3,000/East (93) As noted above this project is located within the Northwest Transportation Concurrency Management Area (TCMA) boundary and is therefore subject to Policy 5.6 of the GMP. This policy requires any new development exceeding LOS levels within a TCMA designated area must provide documentation that at least two Transportation Demand Management (TDM) strategies are provided/used. The specific TDM’s for this development shall be provided at time of Site Development Plan SDP or SDPA review. Based on the 2017 AUIR, the adjacent roadway network does not have sufficient capacity to accommodate the proposed trips for the proposed development within the 5-year planning period. However, Policy 5.6 of the GMP is applicable. Therefore, the subject rezoning can be found PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 7 of 19 consistent with the Transportation Element of the GMP. Operational impacts will be addressed at time of first development order (SDP or Plat). Conservation and Coastal Management Element (CCME): Environmental Planning staff has found this project to be consistent with the Conservation and Coastal Management Element (CCME). A minimum of .35 acres preserve is required and shall be placed under preservation and dedicated to Collier County. GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the Collier County Planning Commission’s (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading “Zoning and Land Development Review.” In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The existing approved PUD preserve requirement is .30 acres. The proposed addition of a 4.89-acre parcel results in additional preserve being added to the existing .30- acre requirement. The additional parcel preserve calculation is 15% of the existing .33 acres of native vegetation which is .05 acres. The proposed PUD Master Plan provides a .35 acre preserve (.30 acres + .05 acres), which meets the minimum 15% native preservation requirement in accordance with LDC Section 3.05.07. The existing 0.30-acre preserve is located along the property’s west property boundary. The existing preserve was a recreated preserve area that has struggled to be successful. The applicant has proposed to relocate the preserve to the southwest corner of the property to accommodate the installation of a proposed access drive which will impact the existing preserve. The applicant is required to create .02 acres of preserve area to meet the preserve requirement. A Tricolored Heron (Egretta tricolor) was observed flying from the existing lake area; no other listed species were observed on the property. This project requires Environmental Advisory Council (EAC) review, as this project meets the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Code of Laws and Ordinances. Specifically, the petition includes two environmental deviation requests: to allow a preserve to have a reduction in average width as shown on the Master Plan and to reduce the littoral planting requirement. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 8 of 19 Landscape Review: The north landscape buffer is consistent with the LDC requirements and has not changed from the previously approved PUD Master Plan, Ordinance Number 09-37. The east and west buffers for the existing portion on the PUD are consistent with the previously approved PUD. The petitioner is providing a 6-foot wide area behind the proposed preserve to accommodate Type ‘B’ buffer shrubs should they be necessary after clearing of exotics within the preserve. Utilities Review: The project lies within the potable water and the north wastewater service areas of the Collier County Water-Sewer District. Water and wastewater services are readily available via existing infrastructure along the project’s frontage on Whippoorwill Lane. System capacity shall be confirmed at the time of development permit (Site Development Plan (SDP) or Plans and Plat (PPL)) review, and a commitment to provide service will be established upon permit approval. Zoning and Land Development Review: The Avow Hospice CFPUD is developed with a hospice building, offices, and a community space. As previously stated, the purpose of the proposed Rezone is to add 5.3 acres to the Avow Hospice CFPUD and to add social service uses. An access road has been added along the southern property line to complete a loop road. An enhanced landscape buffer and a preserve area will buffer the adjacent residential developments to the south and west from the proposed development. Staff finds the proposed changes to be compatible with the neighborhood. REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal bases to support the CCPC’s recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading “Zoning and Land Development Review Analysis.” In addition, staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with all applicable elements of the FLUE of the GMP. See Attachment C - Flue Consistency Review. 2. The existing land use pattern. As described in the “Surrounding Land Use and Zoning” portion of this report and discussed in the zoning review analysis, the neighborhood’s existing land use pattern can be characterized as residential, and commercial lands. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 9 of 19 At the time the subject property was rezoned to a PUD, it was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD Rezone does not change this finding. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to add property and additional land uses into the AVOW Hospice CFPUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD Rezone is consistent with the County’s land use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure is sufficient based on the Northwest TCMA and Policy 5.6 of the GMP, to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time, a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 8. Whether the proposed change will create a drainage problem. The proposed PUD Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 10 of 19 The proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the PUD. Furthermore, the PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of proposed preserve and open space areas should further ensure light and air should not be seriously reduced to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD Rezone will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around the Avow Hospice CFPUD are mostly developed. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process and PPL process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Rezone does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations. However, the petitioner is seeking this PUD Rezone to add property and additional land uses into the PUD in compliance with LDC provisions. The proposed Rezone meets the intent of the PUD district. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD Rezone is not out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 11 of 19 There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The activity proposed by this amendment will have no adverse impact on public utilities facility adequacy. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria:” 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 12 of 19 The Avow Hospice CFPUD is an established campus which has been developed primarily with a hospice building, a community center and office uses. The subject site fronts on Whippoorwill Lane. Water distribution and wastewater collection/transmission mains are readily available within the Whippoorwill Lane right-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. The project would also be required to comply with County regulations regarding drainage and other utilities. Therefore, the site is suitable for the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP and PPL approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed landscaping and buffering standards are compatible with the adjacent uses. Staff has concluded that this Rezone will not change the project’s compatibility, both internally and externally. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Collier County has sufficient treatment capacity for water and wastewater service to the project. The roadway infrastructure is sufficient to serve the proposed project, based on the Northwest TCMA and Policy 5.6 of the GMP, as noted in the consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time, a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project’s development must PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 13 of 19 comply with all other applicable concurrency management regulations when development approvals are sought, including but not limited to any plats and or site development plans. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including Collier County Water-Sewer District potable water and wastewater mains, to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking seven deviations related to walls, sidewalks, preserve width, landscape buffer width, littoral shelf planting area, and parking lot design. Please, refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviations. Deviation Discussion: The petitioner is seeking seven deviations from the requirements of the LDC. The deviation is directly extracted from PUD Exhibit F. The petitioner’s rationale, and staff analysis/recommendation are outlined below. Deviation #1 “Deviation # 1 seeks relief from LDC Section 5.03.02 H.1.a “Wall Requirements Between Residential and Non-Residential Developments – Height and Location,” which requires a wall if located on a contiguous property, then height shall be 6 feet to 8 feet and placement shall be no less than 6 feet from the residentially zoned district, to instead remove the requirement to place a wall along the southern boundary to allow for an enhanced Type B buffer in lieu of said wall along the south property line, for a distance of 873 linear feet (from the Whippoorwill Lane right-of-way easement to the preserve boundary), at the time of site development plan approval. The enhanced buffer, in addition to the required planting material as prescribed by the LDC, shall consist of an additional row of 10-foot high, 10-gallon trees at 25-feet on center, and an additional 5-foot high hedge planted at 4-feet on center. (Refer to Exhibit G).” Petitioner’s Justification: The petitioner states the following in support of the deviation: The proposed enhanced Type B Buffer seeks to provide 80% visual opacity at installation with the listed vegetative plantings below and requiring 100% opacity within one year of installation. The provision of the proposed enhanced landscape buffer will render the masonry wall and/or fence unnecessary. Review of this narrative/justification and proposed planting plans will be submitted for consistency during the site development plan review process. Monitoring of the PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 14 of 19 enhanced landscape buffer, installed at planting, and after one year will satisfy the intent of buffering requirements of the LDC. (Net double row of trees at 25 feet on center and a double row of hedge). Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Deviation #2 “Deviation # 2 seeks relief from LDC Section 5.03.02 H.1.b “Wall Requirements Between Residential and Non-Residential Developments – Height and Location,” which requires a wall If located on a property opposite a residentially zoned district but fronting on a local street or roadway, … then height shall be 4 feet, and placement shall be a minimum of 3 feet from the rear of the right- of-way landscape buffer line, to instead remove the requirement to place a wall along Whippoorwill Lane and allow for an enhanced Type D buffer in lieu of said wall. The enhanced buffer, in addition to the required planting material as prescribed by the LDC, shall consist of an additional 5-foot high hedge (Refer to Exhibit G).” Petitioner’s Justification: The petitioner states the following in support of the deviation: Administrative Variance (AVA-2008-AR-13979) approved the request to eliminate the wall requirement along Whippoorwill Lane for the existing Avow site and instead allowed the buffer to be enhanced. The approved AVA does not specify the details of the required enhancement, and to date, the existing eastern buffer contains only code minimum plantings. Therefore, this deviation request seeks to eliminate the wall requirement along Whippoorwill Lane and to allow an enhanced 20’ Type D buffer that consists of LDC prescribed plantings and an additional 5- foot high hedge. In addition, Whippoorwill Lane separates the Avow Hospice CFPUD from the residential development to the east (The Reserve). The Reserve is a developed multi-family residential community, is zoned PUD and currently provides a Type D landscape buffer and a 4-foot high wall/fence (on the roadside of its existing landscape buffer). The existing Type D buffer on The Reserve property and the proposed 20’ enhanced Type D buffer for Avow development is sufficient in providing shielding from headlight glare across the Whippoorwill Lane right-of- way. (Refer to Exhibit G). Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 15 of 19 Deviation #3 “Deviation # 3 seeks relief from LDC Section 6.06.02 A.2 “Sidewalks, Bike Lane and Pathway Requirements,” which requires 5-foot sidewalks to be constructed on both sides of internal streets/access ways, to instead allow a 6-foot sidewalk on one side of the internal street/accessway.” Petitioner’s Justification: The petitioner states the following in support of the deviation: Due to the configuration of the proposed development and existing on-site lake, the internal drive aisle is constrained. The approval of this deviation request has no negative impact on pedestrian health, safety or welfare and will reduce the impervious area on the site. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Deviation #4 “Deviation # 4 seeks relief from LDC Section 3.05.07 H.1.b “Preserve Standards,” that requires an average width of 50-feet in width but not less than 20-feet for properties twenty acres or greater, to instead allow an average preserve width of 29.6-feet.” Petitioner’s Justification: The petitioner states the following in support of the deviation: The updated AVOW PUD Master Plan demonstrates the construction of an internal loop drive, which is needed for emergency access through the Avow Hospice CFPUD. The relocation of the existing preserve is a result of the proposed loop drive construction. Allowing the proposed preserve configuration will also permit for the internal loop drive to be constructed by minimizing impacts to the existing lake, which is utilized for Avow’s on-site water management. Avow’s preserve configuration and relocation will allow for the project to meet the preservation standard listed under LDC Section 3.05.07 A.5, which requires preserve areas to be interconnected to adjoining off-site preservation areas. Avow’s proposed preserve location abuts the Arlington Lakes PUD preserve to the south and Brynwood Preserve’s conservation area to the west. When measuring an average width of the preserve area, together with the Brynwood’s preserve to the west, a total of 180 linear feet, on average of preservation area, is being provided. (Refer to Attachment E.) Staff Analysis and Recommendation: The preserve is to be relocated to the southwest corner of the property. As stated by the applicant, the average preserve width is 29.6 feet. Also, the western portion of the preserve tappers down to approximately 15 feet in width at the narrowest point. This is below the minimum 20-foot width required by the LDC. The preserve width is narrow due to the proposed drive access location and configuration, which limits the space available to meet the required preserve width. PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 16 of 19 Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Deviation #5 “Deviation # 5 seeks relief from LDC Section 4.06.02 D.4 “Standards for Retention and Detention Areas in Buffers,” which prohibits impervious areas within landscape buffers, to instead allow up to 5-feet of the drive aisle to be installed within the 10-foot Type ‘A’ buffer, located along the western property line for a distance of 90 linear feet. The 5-feet of landscape buffer area shall be relocated along the same property boundary. Should existing Live Oaks be removed, they shall be replaced with Sabal Palms, along the property line in the encroachment area, not to exceed 30% of the buffer. (Refer to Exhibits G and H.)” Petitioner’s Justification: The petitioner states the following in support of the deviation: This deviation will allow for an existing structure (patio area) to be enclosed/screened along the western property line. Without this request, the required minimum 20-foot drive aisle width cannot be achieved. Approval of this deviation will serve to promote emergency access, pedestrian and vehicular safety. The 5-foot area shall be relocated to the width of the western buffer, as identified on the Master Plan. Therefore, all plant material required for the 10-foot Type A buffer will be installed, according to LDC requirements. (Refer to Exhibits G and H within the PUD.) Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Deviation #6 “Deviation # 6 seeks relief from LDC section 3.05.10 C.2.b “Littoral Shelf Planting Area (LSPA),” which requires that any lake shoreline modification, greater than 20% of a previously approved lake shoreline, to comply with LDC section 3.05.10 A, which will result in a 7% littoral shelf planting area requirement of the existing lake's surface area, to instead allow a 3% littoral shelf planting area of the total lake surface area. This equates to an overall 0.25-acre littoral shelf planting area for the lake.” Petitioner’s Justification: The petitioner states the following in support of the deviation: The applicant’s request is to provide a littoral shelf planting area (LSPA), calculated at 3% of the proposed overall lake’s surface area (refer to Attachment A), which will be modified in conjunction with future SDP permitting for the construction of the proposed loop drive that is needed for emergency access through the development. The existing lake’s overall shoreline PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 17 of 19 will be modified 36% and under the current LDC, a 7% LSPA would be required, which would result in a 0.58-acre LSPA. The existing lake has an overall area of approximately 8.72 acres and is a result of a borrow pit for the construction of Interstate-75, which provided excavated fill material for the highway construction. Historic aerials provide evidence that excavation began in the 1980’s. (Refer to Attachment B.) Based on the aerial evidence and a review of the LDC, LSPA requirements were not required at time of original excavation/permitting. Furthermore, a Site Development Plan Amendment (AR-2201) provided an LSPA, calculated under a previous LDC provision, by the length of the shoreline (1,165 LF) by 12-foot wide; therefore, providing an overall 1,404 square feet. (Refer to Attachment C.) Recently the lake, in its entirety, has become the applicant’s property, with the acquisition of the property being added to the CFPUD; by way of this PUDR application. The now solely owned and maintained lake, will provide stormwater management for only the Avow development. Currently, the on-site lake discharges via an earthen berm into the onsite preserve and migrates south behind the Andalucia subdivision with ultimate discharge into I-75 Canal, via the Kensington Canal. By discharging into an existing wetland/preserve area, the same treatment provided by LSPA areas will be achieved. For Avow to function, utilizing the existing dry detention ponds and lake as a water management facility, the required size for a lake would be 0.50 acres; generating a total LSPA requirement of 1,530 square feet. After construction completion of the proposed loop drive, the lake will have an overall surface area of 8.25 acres. (Refer to Attachment D for the proposed Lake Fill Exhibit.) It is the intent of this deviation request to exceed the previous “non-requirement” for an LSPA, because the original lake did not require an LSPA at the time it was dug, to instead provide an LSPA calculated at 3% of the proposed lake’s surface area (8.25-acres) for an overall LSPA of 0.25- acres. Staff Analysis and Recommendation: The Lake was established in the 1980’s as a borrow pit which had no littoral planting requirement at the time. Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Deviation #7 “Deviation # 7 seeks relief from LDC Section 4.05.02 F which requires that parking areas be arranged so that no vehicle shall be forced onto any street to gain access from one aisle to another aisle, to instead allow access to the 4.89-acre expansion parcel via an existing driveway along Whippoorwill Lane. An interconnect between the existing Avow development and the 4.89-acre property will be provided at time of SDP permitting for the proposed loop drive.” Petitioner’s Justification: The petitioner states the following in support of the deviation: PUDR-PL20170002501, AVOW HOSPICE CFPUD October 3, 2018 Page 18 of 19 Avow is proposing to utilize an existing structure (previous home) on the 4.89- acre expansion property, subject of this PUDR request and highlighted below, for a temporary center for youth bereavement counseling (SDPA-PL20180000562). Future development plans for the Avow site consist of constructing an internal loop drive (for emergency vehicle access), labeled “Proposed Drive Access” on the Master Plan. It will provide a permanent vehicular interconnect between the existing site and the recently obtained 4.89-acre property, allowing for a unified development. The temporary youth bereavement center will be accessed from an existing drive along Whippoorwill Lane and also via sidewalks being extended along Whippoorwill Lane and internally through the site. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on June 28, 2018, at Avow Ispiri Community Center, located at 1095 Whippoorwill Lane, Naples, Florida. Approximately five residents attended the meeting along with the Agent’s team and Applicant. The residents and the Agent/Applicant discussed the proposed child bereavement center, the preserve area, and buffering along the residential property lines. For further information, see attached Exhibit C - NIM Synopsis. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on October 8, 2018. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR- PL20170002501, Avow Hospice CFPUD to the BCC with a recommendation of approval. Attachments: Exhibit A: Subject Staff Report Exhibit B: Proposed PUD Ordinance Exhibit C: FLUE Consistency Review Exhibit D: NIM Synopsis Exhibit E: Application 1 Growth Management Department Zoning Division Memorandum To: Nancy Gundlach, RLA, AICP, Principal Planner, Zoning Services Section From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Date: August 31, 2018 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDR-PL20170002501 (REV 3) PETITION NAME: Avow Hospice Community Facilities PUD REQUEST: Rezone the subject site from Avow Hospice CFPUD (15.25 acres) and RSF-5(0.4) (5.3 acres) to Avow Hospice CFPUD to: add social services uses, and reorganize existing uses; specify numerous accessory uses; revise the legal description; revise the conceptual master plan; request deviations (pertaining to perimeter walls, pathways, preserves, landscape buffers, littoral plantings); and, make other minor changes. LOCATION: The subject site, consisting of +20.55 acres, is located +¼ mile south of Pine Ridge Road (CR 896) and ¼ mile east of Livingston Road, in Section 18, Township 49 South, and Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban (Urban- Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP). Relevant to this petition, this designation allows a variety of non-residential uses, as listed in the Future Land Use Element (FLUE), including: “essential services as defined by the most recent Land Development Code; parks, open space and recreational uses; child care centers; community facilities such as churches, group housing uses, cemeteries, schools and school facilities co-located with other public facilities such as parks, libraries, and, community centers, where feasible and mutually acceptable.” This designation does not allow commercial uses at this location, though it is commonly accepted that an otherwise commercial use (principal use) may be allowed if it is accessory to, or an integral component of, some other principal use. A portion of the subject site was zoned CF, Community Facility, prior to being rezoned to the existing Avow Hospice CFPUD in 2009. As stated in the Collier County Land Development Code (LDC), “The purpose and intent of (CF) district is to implement the GMP by permitting nonresidential land uses as generally identified in the urban designation of the future land use element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other such uses generally serving the community at large.” Relevant to this petition, the CF zoning district permitted uses include these uses by right: child care centers; churches; civic and cultural facilities; museums; nursing homes, assisted living facilities, family care facilities, and group care facilities category I; parks and playgrounds, non-commercial recreation facilities, open space uses; public, private and parochial 2 schools; and, social and fraternal organizations; and, these uses by conditional use: community centers; and, group care facilities category II. The existing Avow Hospice CFPUD includes the following uses that only appear in commercial, and possibly industrial, zoning districts in the LDC: educational services (SIC 8249 with two exceptions, and 8299); and, art galleries (SIC 8412). These uses appear to be inconsistent with the FLUE and it is unknown how/why these uses were approved in 2009; nonetheless, they were approved and are now deemed consistent with the FLUE based upon the principle of Policy 5.3 which, in large part, pertains to pre-existing zoning that isn’t consistent with the site’s future land use designation. This amendment proposes to add the principal use Individual and Family Social Services (SIC 8322 limited to community centers, and adult and handicapped day care centers). SIC 8322 is only listed in commercial zoning districts in the LDC with one exception - community centers, which are permitted in the CF district thus deemed consistent with the FLUE at this location. Also, adult day care centers have been deemed similar to child care centers thus also consistent with the FLUE at this location. Numerous accessory uses are proposed to be specified, many of which are commercial in nature. Though such detail is not typically provided, discussions with the petitioner yield it is their desire to provide that specificity. To alleviate staff’s concern that one or more of these uses might function as a commercial operation serving the public, the petition has been revised to limit these potentially commercial accessory uses to being operated by Avow or to serve Avow-related persons (patents, employees, etc.). FLUE Policy 5.6 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Zoning Services Section’s staff as part of the total review of the petition. The following FLUE policies are implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold italicized text]. Objective 7: Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of the Collier County, where applicable, and as follows: Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [This site does not front on a collector or arterial road.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit C, PUD Master Concept Plan, does depict a loop road.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The site abuts a roadway to the east. Properties located to the north, west and south are developed.] 3 Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [Due to the nature of this project, this policy is mostly not applicable. There is a deviation requested to allow a sidewalk on just one side of the road and at six feet in width. Based on the already permitted uses – day care, schools, ALF, nursing home – there could be wheelchairs, persons with a walker, single and multi-child strollers, bicycles, etc., using the sidewalk. Per a brief internet search, a typical wheelchair is 24- 27 inches wide; two wheelchairs at 27 inches each (54 inches) leaves a clearance of 18 inches, which staff believes to be adequate. Due to the nature of the existing and proposed uses, and the site layout – approximately half of the road, and same for sidewalk, is located along a lake on the western and southern sides of the site – staff has no objection to the requested deviation.] CONCLUSION: Based upon the above analysis, Comprehensive Planning staff finds the proposed PUD rezone petition consistent with the FLUE. cc: Ray Bellows, Zoning Manager, Zoning Services Section Michael Bosi, AICP, Director, Zoning Division CD/FLUE File PUDR-PL20170002501 Avow Hospice CFPUD R3 G:\CDES Planning Services\Consistency Reviews\2018\PUDR dw/8-31-18 Civil Engineering • Planning • Permitting 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 www.davidsonengineering.com 1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180 M E M O R A N D U M July 13, 2018 TO: Nancy Gundlach, AICP, PLA FROM: DE Planning Staff RE: AVOW Hospice Community Facilities Planned Unit Development PUDR – PL20170002501 NIM Meeting Minutes (June 28, 2018) A Neighborhood Information Meeting was held on Thursday, June 28th, 2018 at the AVOW Ispiri Community Center, located at 1223 Whippoorwill Lane, Naples, FL 34105. The following individuals, associated with the review and presentation of the project, were present. • Frederick Hood, Davidson Engineering • Jessica Harrelson, Davidson Engineering • Josh Fruth, Davidson Engineering • Patrick Neale, Land Use Attorney • Nancy Gundlach, Collier County Frederick Hood started the meeting at 5:35 p.m. and used a PowerPoint presentation, attached hereto for reference. Following the PowerPoint presentation, the following concerns were stated, and questions were asked: 1. Is there a designated area for the accessory uses, specifically a parking structure? Fred Hood stated there is no defined location at this time. This list is conceptual. 2. Is the Exhibit C handout the existing approved plan? Fred – Yes. 3. Where is the existing buffer wall? Fred points it out on the southern boundary of existing parcel. 4. What is the current buffer on the south property line and where does it begin? Fred - Required Type B, 15’ buffer. 5. What will be the nature of vehicles accessing the southern driveway on property? Josh Fruth - Emergency vehicles. 6. What type of material will be used for new buffer wall? Fred and Josh - May be masonry, composite, precast. 7. Concern of 3’ width between two buffer walls causing gutter for stormwater and trash. President of HOA would like to move fence up to AVOW fence in order to avoid vegetation becoming overgrown, trespassing, etc. 8. Will there be any regrading or fill brought in? Fred – That will be assessed during site development for driveway. Site grading will be done to meet Code requirements. Will coordinate with neighbors during construction. 9. What is the height limit for parking structures? Fred – Existing maximum height for entire PUD is remaining at 35 feet. 10. If a 4-story parking garage is constructed, is there any additional landscaping contemplated over the required 15’ buffer? Fred and Josh – That is not the intent but if there was a garage, it would only be accessory to a primary use. There are minimum planting requirements around all structures. 11. When regrading, where is stormwater directed? Josh – Outfall will remain in southwest corner and water will be directed toward that outfall. The meeting was adjourned at approximately 5:58 p.m. End of memo. Co et Qowaty COTLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov,net Pre-Application Meeting Notes Petition Type . PUDfl., Date and 1;.". Wed 712612017 9:00-10:00am Assigned ptanner: Nancy Gundlach Engineering Manager (for PPIJs and FP's): Project lnformation Proj ectName: Avow Hospic" G n^D PL#. PL20170002501 00286560005 and 00286520003 Current Zoning . CFPUD & RSF-s App g;."n,. Davidson Engineering Agent Name . Jessica Harrelson p66p. (239)434-6060 fuent/FirmAddr"rrrrycityr Naples state: FL zip .34104 Property Owner:AVOW REAL ESTATE lNC, Address:1095 WHIPPOORWILL LANE Please provide the fol i, Total Acreage: lowing, if applicable: 20.7 ii. Proposed # of Residential Units: _ iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: lf there is an Ordi type and number: €ffi7 nance o Resol ution associated with this proiect, please indicate theq 28OO NORTH HORSESHOE DRIVE NAPLES, FTORIDA 34104 l2t9l252-24Oo Property lD #: Proiect Address: los5 wHrPPooRw LL LN & l3ol wnrPPooRwrLLLN city: NAPLES state: FL zip' 34105 vi. lf the project is within a Plat, provide the name and AR#/PI#: x CrounW fD A,lb 4 Pre-Ap PL# n et {+iaru&- COLLIER COUNW GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.nqt Collier County Contact lnformation: 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 123912s2-24o0 Name Review Discipline Phone Email 9avid Anthony Environmental Review 2s2-2497 davidanthony@colliergov.net /su..e, araque Environmental Review 2s2-6290 summerbrownaraque@colliergov.net - Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudineauclair@colliergov.net r Steve Baluch Transportation Planning 252-236t stephenbaluch@colliergov.net Laurie Beard PUD Monitoring 2s2-s742 lauriebeard@colliergov.net tr Craig Brown Environmental Specialist 2s2-2s44 craigbrown@collierBov.net ( xeidi lshton cicko Managing Asst. County Attorney 252 8713 heidiashton@colliergov.net * :ohn DeBlasis Zoning Services / Planning Tech 252 1050 johndeblasis@colliergov.net !Kay Deselem Zoning Services 252-2586 kaydeselem@colliergov.net !Dale Fey North Collier Fire 597 9227 dfey@northcollierfire.com il Eric Fey, P.E Utility Planning 252 1037 ericfey@colliergov.net ,( Sue Faulkner Comprehensive Planning 252 5715 suefaulkner@colliergov.net . Timothy Finn, AICP Zoning Division 252 4312 timothyfi nn@colliergov.net L- Paula Fleishman lmpact Fee Administration 252 2924 paulafl eishman@colliergov.net !James French Growth Management Deputy Department Head 252-5717 jamesfrench@colliergov.net Michael Gibbons Structural/Residential Plan Review 252 2426 michaelgibbons@colliergov.net I form Gewirtz, P.E Engineering Stormwater 2s2 2434 stormgewirtz@colliergov.net {Nancy Gundlach, AICP, PLA Zoning Division 2s2 2484 nancygundlach@colliergov.net il shar Hingson Greater Naples Fire District 774 2AOO shingson@gnfire.org John Houldsworth Engineering Subdivision 252-5757 johnhouldsworth@colliergov.net Jodi Hughestl Transportation Pathways 252-5744 iodihughes@colliergov.net Alicia Humphries Right-Of-Way Permitting 252-2326 aliciahumphries@colliergov.net tr Marcia Kendall Comprehensive Planning 252-2347 marciakendall@colliergov.net fl Garrett Louviere, P.E Transportation Planning 2s2-2s26 garrettlouviere@colliergov.net tr Thomas Mastroberto Greater Naples Fire 252 7344 thomasmastroberto@colliergov.net L Jack Mc(enna, P.E Engineering Services 2s2-2977 jackmckenna@colliergov.net L I Matt Mclean, P.E Development Review Director 252-8279 matthewmclean@colliergov.net updated 7 /19/2017 Page l4of5 C.wmty COTTIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Additional Attendee Contact lnformation: updated 7119/2017 .<F Y\ I r Michele Mosca, AICP Capital Project Planning 252 2466 michelemosca@colliergov.net L I Annis Moxam Addressing 252,5519 annismoxam@colliergov.net I I stefanie Nawrocki Development Review - zoning 252-2373 stefanienawrocki@colliergov.net I nichard orth Stormwater Planning 2s2 so92 richardorth@colliergov.net Brandy Otero Transit 2s2-s859 brandyotero@colliergov.net - Brandi Pollard Utility lmpact fees 252-6237 brandipollard @colliergov.net !l Fred Reischl, AlcP Zoning Division 252-42rL fredreischl@colliergov.net [] Todd Rissall North Collier Fire 597 -9227 triggall@northcollierfire.com tr Daniel Roman, P.E Engineering Utilities da n ielroma n @colliergov. net -l Brett Rosenblum, P.E. Development Review Principal Proiect Manager 252 2905 brettrosenblum@colliergov.net X Michael sawyer Transportation Planning )s2 2926 michaelsawyer@colliergov.net - Corby Schmidt, AICP Comprehensive Planning 252 2944 corbyschmidt@colliergov.net tr chris scott, AlcP Development Review - Zoning 252 2460 chrisscott@colliergov.net i J Peter Shawinsky Architectural Review 252-4523 petershawinsky@colliergov.net I camden smith Zoning Division Operations 25)-7042 camdensmith@colliergov.net tr Scott Stone Assistant County Attorney 252-5740 scottstone@collierBov.net Mark Strain Hearing Examiner/CCPC 252 4446 markstrain@colliergov.net I Mark Templeton Landscape Review 252-2475 marktempleton@colliergov.net .Jessica Velasco Zoning Division Operations 252 2544 jessicavelasco@colliergov.net I lon walsh, P.E.Building Review 252 2962 jonathanwalsh@colliergov.net David Weeks, AICP Comprehensive Planning Future Land Use Consistency davidweeks@colliergov.net !Kirsten wilkie Environmental Review 252 5518 kirstenwilkie@colliergov.net a christine willoughby Development Review - Zoning 252-5748 christinewilloughby@colliergov.net Representint Phone Email FrtAl,T<c l,-, f*.w arv,A-at <r^nr&,r'bO lt4to"da.u-ltnw{,|<-- bour-z.-- GtE& 5-@?L Fan4 -9, ,rr.), " n o,,r-t lf e*e-C \cri dq. co' i.rt,@L r/r..,. at4;.^e c 1 V5s*Dg t)(J_-ILiloAo,.lstq t ni ,1t,tt\-.ArtJ.rzL *n-r9 A, c, .-^-. r(l elr.,tl.r :. h" tl @&wo,i c-arrs, ,.R,,11,, +lo.tt \avetl, raa ovDvlr* r,Of, I_J-')at,zlefl l-a,An- YiJ,: k e-o r*rra c, ? pue A I4/ntl< //x*tt fu'tJ /?AcktoL ^J,<dzl tl5q,- %t\b" W'ry ^noks tu fiaA tlod Page l5of5 c,abl 28OO NORTH HORSESHOE DRIVE NAPIES, FIORIDA 34104 1239l.252-24OO 252-2534 252-2306 Name Co C.wmW COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierrov.net Meeting Notes Wrhlt&Fzaz b&sb\ WW 6@L RJF,. A@ F Ashlls . lKMNgEN.ae 1fl+r, hf*, I L t Lc )N e-c (l'Ols c n[ ]\" s',L ], 6-$ sdrl,.. d.oe(or,,'.JL UT.\s cV.D.r *(I r rr .- C \ +\.r Floo u/Ql- v/ ttu / u pdated 7 /L2120L7 28OO NORTH HORSESHOE DRIVE NAPLES, FTORIDA 34104 l2l9l252-24OO Page | 2 of 5 Notes from PUDA Pre-Application for Avow CFPUD P120170002501 )uly 26,7OL7 comprehensivePlanning:Parcel#00236520003isdesignatedUrban-MixedUseDistrict,Urban Residential subdistrict and within the density band of the lnterchange Activity center #10 on the Future Land use Map in the Future Land use Element (FLUE) of the GroMh Management Plan. since the Avow community Facility Planned unit Development is already approved for community facillties use (FLUE urban designated area - use #5, and since the additional parcelwill be added to the CFPUD, the proposed amendment use should consistent with the FLUE. Please address FLUE Policies 5.4 and 7.1 through 7.4 with your application. C,Rft,C-ovmW t\ct-v%\1 0006c1 The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. lncomplete submittals will not be accepted. Submittal Checklist for PUD Rezone, Amendment to PUD or PUD to PUD Rezone ! ruo Rezone- ch. 3 G. 1of the Administrative Code ndment to PUD- Ch. 3 G. 2 of the Administrative Code UD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code A Final Submittal Requirem nt Checklist for: REeurREMENrs -ft tAW -j I #oF coPtEs NOT REQUIRED Cover Letter with Narrative Statement including a detuileduescription of why amendment is necessary lbr t tr Completed Application with required attachments n v Pre-application meeting notes n Affidavit of Authorization, signed and notarized 2 l/ Notarized and completed Covenant of Unified Control 2 2 L Warranty Deed(s)3 v List ldentifying Owner and all parties of corporation 2 l/ Signed and sealed Boundary Survey 4 a Architectural Rendering of proposed structures 4 5 { Statement of Utility Provisions 4 v Environmental Data Requirements pursuant to LDC section 3.08.00 4 Environmental Data Requirements collated into a single Environmental lmpact Statement (ElS) packet at time of public hearings. Coordinate with project planner at time of public hearings. {tr Listed or Protected Species survey, less than 12 months old. lnclude copies of previous surveys.{tr Traffic lmpact Study 7 v Historical Survey I School lmpact Analysis Application, if applicable 2 L Electronic copy of all required documents 2 I Checklist contlnued onto next page.,. 2/2u2Or7 Page 1 of 3 Gn\ /h Managernent DePar[nent REQUIRED Comoleted Addressins Checklist t Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. tr tr 4 4 Comp leted Exhibits A-F (see below for additional information)* a ilList of requested deviations from the LDC with justification for each (this t document is separate from Exhibit E) lh %Revised Conceptual Master Site Plan 24" x 35"and One 8'/," x 11" copy NF ./ Original PUD document/ordinance, and Master Plan 24" x 35" - Only if Amending the PUD .0 gRevised PUD document with changes crossed thru & underlined w7Copy of official lnterpretation and/or zoning Verification rlf located in lmmokalee or seeking affordable housing, include an additional set of each submittal requirement ;at,.hol V 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: [ist of Requested LDC Deviations and lustification for each Exhibit F: List of Development Commitments lf located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsestion 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239€90-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS - INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOI-TOWING REVIEWERS: School District (Residential Components): Amy Lockheart I Utilities Engineerine: l{la€+.,cLecer{7i1 r{?l./Parks and Recreation: Vicky Ahmad 'Emergency Management: Dan summers I lmmokalee Water/Sewer District City of Naples: Robin Singer, Planning Director ASSOCIATED FEES FOR APPLICATION re- $/p'*illAapplication meeting): S2,500.00 )sred or Protected Species Review (when an EIS is not required): 51,000 t/ Transportation Review Fees: ( Methodology Review: s500.00, to be paid directly to Transportation at the t/ tvtethodololy Meetins* OrlN C 4 <I( gr*f$ fF AG&ES -F{@ fa EEIAE *Additional fees to be determined .a lu",hoaofot, veetinc. lt@ {1dJR €e; o Minor Study Review: 5750.00 /,/ o Maj study Review 51,500.00 f, Legal Adve*ising Fees: /clpc, s1,22s.oo d6cC: ssoo.oo Vfr.:;n"'l concurrencv Fee, if applicable: Page 2 of 3 I tr tr T tr-- ][-il tr Conservancy of SWFL: Nichole Ryan Other: Meeting: S500.00 \VPf Mitigation Fees, if application, to be determined by the School District in coordination with the County *Additional fee for the Sth ond subsequent re-submittol will be occessed ot 20% of the originollee. All checks may be mode poyoble to: Eoord ol County Commissioners 2/21/2077 Page 3 of 3 CouutY 28OO NORTH HORSESHOE ORIVE NAPLES, FTORIDA 34104 (23912s2-240O FAX (239) 2s2'5724 ADDRESSING CHECKTIST Please complete the following and at 239-252-5724 or submit in Pers rsonne licatio al PETITION TYPE (lndicate type below, complete a separate Addressing Checklist for each Petition type) email to G MD-Addressing@colliergov. net or fax to the Operations Oivision on to the Addressing Section at the above address. EgEn-mlsl-bgligtre.d-by Not a[ items wilt apply to every project. ltems in bold type are required. FoLlo NUMBERS MUST BE PROVIDEO. Forms older than 6 months will require additional review and approval by the Addressing Section. nntrtrtr!trtrtrtrtrtr trtr!trtr!trn D!trtr BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (lnsubstantial Change to SDP) SIP (Site lmprovement Plan) SlPl (lnsubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change - Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER PUDA LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) 184926N112OF N1/2 OF SE1/4OF NWT4ANDS60FTOF E12OF NE1/! OF NW1/4AND N1,2OF SI/2OF N12 OF SE1/4 OF tM1/4.nd a a9 26 S 1,2 0F S 1/2 0F N 1/2 0F SE ra OF N!!1/4 FOLIO (Property lD) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 00286560005and 00286520003 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 1301 and 1095 Vvhippoorwill Lane . LOCATION MAP must be attached showing exact location of projecusite in relation to nearest public road right- of-way . SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (/ applicable) PROPOSED STREET NAMES 0I applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - orAR or PL # Rev 6/9/2017 Page 1 of 2 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierFov,net CURRENT PROJECT NAME (if appticabte) AVOW HOSPICE .fu C-outtt! COLTIER COUNW GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colli ereov.net Pro.iect or development names proposed for, or already appearing in, 99!d9!d UI!-9199!I!94I9 (if application' indicate whether proposed or existing) Please Return Approved Checklist By:Email tr Fax Personally picked up Applicant Name: Jessica Harrelson, Davidson Engineering lnc Phone:434.6060 Email/Fax: jessica@davidsonengineering.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY FolioNumber 00286'520003 Folio Number Folio Number Folio Number Folio Number Folio Number 5 IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Page 2 ol2 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (23912s2-24OO FAX (239) 2s2-s724 Approved by:- 4 * UrtL oaet 1 /24 / 201,7'- 1 Updated by: ' Date:_ Environmental PIJDZPUDA Checklist (non-RFMU) Project Name Avow HosPice 1. Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding propeiries? (coN, sT, PUD, RLSA, RIMU, etc.) (LDC 2.03'05-2 03 08; 4 08'00) wellfield overlav - will be regulated dePending on uses 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. lf-the siie is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegitation (Admin. Code Ch. 3 G.l . Application Contents #24)' 3. Clearly identify the location ofall preserves and label each as "Preserve" on all plans. (LDC 3.05 07 H 1)' 4. provide calculations on site plan showing the appropriate acreage ofnative vegetation to be retained, the max. amount and ratios permitted to be created on-site or mitigated off-site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D; 3.05.07.F; 3.05.07.H.1 .d-e). 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A.14) 7. Principle structures shall be located a minimum of25' from the boundary ofthe preserve boundary. No accessory structures and other site aherations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within l0' ofthe boundary unless it can be shown that it will not affect the integ ty ofthe preserve (i.e. stem wall or berm around wetland preserve). (LDC 3.05.07.H.3; 6.01.02.C.) 8. Provide Environmental Data identrfying author credentials, consistency determination with the GMPs, off-site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used lbr farm fields or golfcourse, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.O8.OO) SEE ENVIRONMENTAL DATA CHECKLIST BELOW 9. PUD Docunrent and Master PIan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) PUD Commitments and Site Plan notes Where preserues occur adjacent to development off site and will be used in lieu of landscape bul'fers, include the following condition in the envirorunental commitments section of the PUD document or master plan: Preserves may be used to satisry the landscape buffer requfements afler exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. 10. PUD shall include Preserve Tract section. When listing preserve uses, the following is suggested: A. Principal Use: Preserve; B. Accessory Uses: All other uses (list as applicable or refer to the LDC) OR A. Allowable Uses: I . Nature trails and boardwalk that do not reduce the amount of required preserve. 2. Passive Recreation areas, as per LDC requirements. 3. Water management as allowed by the LDC 2 Environmental Data Checklist The Environmental Data requirements can be found in LDC Section 3.0g.00 Provide the EIS fee if pUD or CU. wHo AND WHAT coMPANy PREPARED THE ENVIRONMENTAL DATA REpoRT? prepararion ofEnvironmental Data. Environmental Data Submrttal Requirements shall be prepared by an individual withacademic credentials and experience in the area of environmental sciences o. natural resource management.Academic credentials and experience_shall be a bachelor's or higher degree in one of the biological sclences wittat least two years of ecological or biological professional experlnce in the State of Florida. please includerevision dates on resubmittals. Identify on a curent aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) ind include this information on the SDp or final plat construction plans. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each ofthe FLUCFCS Codes identified on site. For SDP or final plat consrruction plans, include this information on the site plans. 6. Provide a wildlife survey for the nests ofbald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood oflisted species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood oflisted species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the prqect is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 7. Provide a survey for listed plants identified in 3.04.03 8. Identify on a current aerial the acreage, location and community types ofall upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each ofthe FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on-site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. ln a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. Where off-site preservation of native vegetation is proposed in lieu of on-site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the tlpe ofdonation (monetary payment or land donation) identrfied to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) ofthe off-site parcel(s) if off-site donation of land is to occur. 3 4 5 9 10. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate ifrequired by FDEP. 1 1 . Provide justilication for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1 I ( 13). if requested. 12. Where applicable, provide evidence of the issuance ofall applicable federal and/or state oil and gas permits for proposed oil and gis activities in Collier County. lnclude all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13,2005. 13. Identifo any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PLID rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield fusk Management Special Treatment Overlay Zones identified. 14. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 0 The following to be determined at preapplication meeting (Choose those that apply) a. Provide overall descnption ofprqect with respect to environmental and water management issues. b. Explain how project is consistent with each ofthe applicable objectives and policies in the CCME ofthe GMP. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC, 15. PLID zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staffreviews are complete. Copies ofthe EIS shall be provided to the County Manager or designee prior to public hearings. 16. Is EAC Review (by CCPC) required? 17. PIID master plan site plan notes Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.8.1 . Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. 1E. Additional conments 19. Stipulations for approval (Conditions) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 1 of 16 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: _____________________________ City: ___________ State: ________ ZIP: _______ Telephone: ___________________ Cell: ____________________ Fax: ____________________ E-Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Firm: _________________________________________________________________________ Address: _____________________________ City: ___________ State: ________ ZIP: _______ Telephone: __________________ Cell: _____________________ Fax: ____________________ E-Mail Address: ________________________________________________________________ Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. To be completed by staff COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 2 of 16 DISCLOSURE OF INTEREST INFORMATION Please complete the following information, if space is inadequate use additional sheets and attach to the completed application packet. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 3 of 16 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: _________________ h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 4 of 16 REZONE REQUEST This application is requesting a rezone from: _________________________ Zoning district(s) to the ________________________________ zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________ Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application:  If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district;  The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and  The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________ Address/ General Location of Subject Property: __________________________________________ __________________________________________________________________________________ PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 5 of 16 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Metes & Bounds Description: _________________________________________________________ ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 6 of 16 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a.The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b.Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c.Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d.The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e.The adequacy of usable open space areas in existence and as proposed to serve the development. f.The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g.The ability of the subject property and of surrounding areas to accommodate expansion. h.Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 7 of 16 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? __________________________________________________________________________________ __________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed “closed” will not receive further processing and an applicati on “closed” through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 8 of 16 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Package Treatment Plant (GPD Capacity): _________________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: ________ Average Daily: __________ B. Sewer-Peak: ________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ 5#% Jaysen Roa, President/CEO, Avow Real Estate, Inc. 1095 Whippoorwill Lane Naples FL 34105 239.261.4404 jaysen.roa@AvowCares.org 1095 & 1301 Whippoorwill Lane Naples FL 34105 18 49 26 See Attachment "A" and Survey 00286560005 See Attachment D- Comparative Level of Service Analysis 23,856GPD 17,671GPD 17,040GPD 12,622GPD ✔ ✔ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/21/2017 Page 9 of 16 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 5IFSFJTFYJTUJOHHSBWJUZNBJOUIBUGMPXTUPUIFFYJTUJOHQSJWBUFMJGUTUBUJPOPOTJUFUIBUJT DPOOFDUFEUP$PMMJFS$PVOUZPXOFEGPSDFNBJOXJUIJO8IJQQPPSXJMM-BOFWJBGPSDFNBJO /"FYJTUJOHTZTUFN Avow Hospice PUDR – PL20170002501 Comparative Level of Service (LOS) Analysis May 4, 2018 www.davidsonengineering.com COMPARATIVE LEVEL OF SERVICE (LOS) ANALYSIS The Avow Hospice CFPUD facility is proposing to revise the existing Ordinance 2009‐37 for two purposes. The first is to rezone and unify the southern adjacent property, located at 1301 Whippoorwill Lane, with the existing Avow Hospice CFPUD campus for future expansion. The second is to establish a maximum allowable building square footage for the expanded campus. Typically, a comparative analysis would identify the existing development at approved maximum build‐out conditions and then compare it to the proposed development at maximum build‐out conditions using building square footage, or some other type of limiting factor, to show either a net increase or decrease in demand as a result of the requested change in zoning action. However, the existing CFPUD does not currently establish any type of limiting factor. Therefore, this analysis will compare the level of service for the existing conditions on both existing properties to the proposed conditions on the proposed unified property. The existing CFPUD and residentially zoned properties consists of the following uses: 16‐bed Nursing facility 17,900 sf Office/Administrative Space 44,750 sf Single Family Residence 2,846 sf Single Family Residence 3,034 sf TOTAL: 68,530 sf The proposed zoning revision and increase in square footage consists of the following uses at build‐out: 16‐bed Nursing facility 17,900 sf Office/Administrative Space 48,482 sf Counseling / Child & Adult Care Center 14,000 sf 12‐bed Nursing facility 12,000 sf TOTAL: 92,382 sf The Capital Improvement Element of the Growth Management Plan establishes Levels of Service for the following: Arterial and Collector Roads Surface Water Management Systems Potable Water and Sanitary Sewer Systems Solid Waste Disposal Facilities Parks and Recreation Facilities Public School Facilities Fire and EMS Facilities Each of the areas will be examined for the proposed developments in this summary report. Avow Hospice PUDR – PL20170002501 Comparative Level of Service (LOS) Analysis May 4, 2018 www.davidsonengineering.com Arterial and Collector Roads Significantly impacted roadways are identified by the proposed highest peak hour trip generation (net new traffic) and is compared with the peak hour of the adjacent street traffic. Based on the information contained in Collier County 2017 Annual Update Inventory Report, the peak hour for the project’s adjacent roadway network is PM. Table 1 ‐ Project Trip Generation (Net New) – Average Weekday Development PM Peak Hour Trips Enter Exit Total Proposed PUDR 35 33 68 Existing Approved 24 22 46 Total External Net Increase/(Net Decrease)11 11 22 Based on the roadway network link analysis result, the proposed development at build‐out is not a significant or adverse traffic generator for the existing roadway traffic at this location. There is adequate and sufficient roadway capacity to accommodate the proposed development generated trips without adversely affecting the adjacent roadway network level of service. Surface Water Management Systems The Avow Hospice campus is permitted by Collier County for its storm water management. Combining the southern property with the existing Avow Hospice property will warrant an amendment to the storm water management design through Collier County. Currently, the southern property is developed with two single family homes and shares a wet retention lake with Avow Hospice. The property also features native vegetation in the southwest corner that will be retained to meet County preserve requirements. The existing Avow Hospice site features grate inlets and six interconnected dry detention areas where sheetflow is collected and stored until one‐half inch of pretreatment water quality is achieved. This conceptual design is also proposing to sheetflow southward along the proposed looped driveway and into the newly created dry detention area spanning the south and east sides of the southern property which will be interconnected with the existing six. The existing wet retention lake will continue to provide the remaining water quality required to meet Collier County’s minimum 1.5 inches over the entire site or 2.5” times impervious; whichever is greater. The existing wet retention lake is designed to attenuate the 25‐year, 3‐day storm event with outfall into the on‐site preserve and ultimate discharge into the I‐75 Canal system via Kensington Canal. Avow Hospice PUDR – PL20170002501 Comparative Level of Service (LOS) Analysis May 4, 2018 www.davidsonengineering.com The total existing Avow Hospice site plus newly combined southern parcel is ±20.55 acres. For storm water management purposes, the project’s contributory basin is ±19.70 acres. The contributory basin excludes ±0.50 acres of Whippoorwill Lane right‐of‐way easement and ±0.35 acres of proposed preserve. The allowable post‐development discharge rate for this project’s contributory basin is 5.22 cfs. This is further explained and identified in the storm water management summary per the latest approved site plan (SDPA PL20150000302). There are no adverse effects to the existing water management system should the subject properties remain as is. However, there are benefits to combining the southern property with the Avow Hospice property such as‐ installation of perimeter berm to prevent unwarranted sheetflow across property lines, pretreated storm water prior to entering the I‐75 Canal, and regulation of discharge volume off site. Potable Water and Sanitary Sewer Systems Currently, the Avow Hospice campus features four buildings‐ one 16‐bed nursing facility and three office/administrative buildings, all of which are connected to County owned utilities. The southern parcel, to be unified with the campus, contains two single‐family homes with individual potable water and private septic connections. The proposed expanded development will utilize County owned utilities by connecting to existing private utility stub‐outs furnished by Avow Hospice for fire, potable, and gravity sewer. For comparison purposes, the existing and proposed wastewater demand is presented in Tables 2 and 3, respectively and are per Florida Administrative Code 64E‐6. Table 2 –Existing Wastewater Level of Service Description Unit Type # Units GPD/unit Average Daily Demand, GPD Peak Daily Demand, GPD* 16‐Bed Nursing Facility Per Bed with 3 meals/day 16 115 1,840 2,484 Office/Admin. Space Per 100 s.f. 447.50 15 6,713 9,063 Residential (2,251‐3,300sf) Per Dwelling 2 250 500 675 Total (GPD):9,053 12,222 *A Factor of 1.35 was used to determine Peak Daily Demand per the 2014 CCWSD Master‐CIP Plan Summary Report. The average daily potable water demand is calculated as 1.4 times the average daily wastewater demand, per 2014 CCWSD Master‐CIP Plan and Collier County staff. Therefore, the existing average daily potable water demand is 12,674 GPD and the peak daily demand is 17,111 GPD for the existing uses. Avow Hospice PUDR – PL20170002501 Comparative Level of Service (LOS) Analysis May 4, 2018 www.davidsonengineering.com Table 3 –Proposed Wastewater Level of Service Description Unit Type # Units GPD/unit Average Daily Demand, GPD Peak Daily Demand, GPD* 16‐Bed Nursing Facility Per Bed with 3 meals/day 16 115 1,840 2,484 Office/Admin. Space Per 100 s.f. 484.82 15 7,272 9,817 Counseling/Care Center Per 100 s.f. 140.00 15 2,100 2,835 12‐Bed Nursing Facility Per Bed with 3 meals/day 12 115 1,380 1,863 Counseling/Care Center Per Employee 2 15 30 40.5 Total (GPD):12,622 17,040 *A Factor of 1.35 was used to determine Peak Daily Demand per the 2014 CCWSD Master‐CIP Plan Summary Report. The average daily potable water demand is calculated as 1.4 times the average daily wastewater demand, per 2014 CCWSD Master‐CIP Plan and Collier County staff. Therefore, the proposed average daily potable water demand is 17,671 GPD and the peak daily demand is 23,856 GPD for the proposed uses. Although this zoning revision application will increase the intensity of the development, the additional demand is not anticipated to have a negative impact on the existing implemented services. The existing Avow Hospice plus the proposed potable and wastewater demands will not exceed the current on‐site infrastructure design parameters. Thus, the level of service is not significantly or adversely impacted by the proposed conditions. Irrigation will be supplied via the existing lake. Avow Hospice is currently permitted through South Florida Water Management District under water use permit #11‐03108‐W. A modification to this permit will be applied for to include the additional irrigated areas on the southern parcel. Solid Waste Disposal Facilities Solid waste collection for Avow Hospice is provided by Waste Management, a private contract provider. Commercial and residential accounts are charged by the service provider directly with rates set by the Board of County Commissioners through contract negotiation with the provider. The existing residential collection services require multiple stops within the Whippoorwill Lane right‐of‐way. The proposed conditions of the unified properties will continue to provide collection services on site; therefore, the benefits of merging the properties will lessen the burden of traffic circulation by reducing the amount of collection stops within Whippoorwill Lane right‐of‐way. Thus, the level of service is not significantly or adversely impacted by the proposed conditions. Avow Hospice PUDR – PL20170002501 Comparative Level of Service (LOS) Analysis May 4, 2018 www.davidsonengineering.com Parks and Recreation Facilities The proposed expansion will not create a negative impact on Parks and Recreation Facilities. In fact, the level of service for parks and recreation facilities will be reduced by the proposed conditions since Avow Hospice offers private amenities comparable to public parks and recreation facilities. Thus, the level of service is not significantly or adversely impacted by the proposed conditions. Public School Facilities The proposed expansion will not create a negative impact on Public School Facilities and will not impact school attendance since it will not generate population growth. Thus, the level of service is not significantly or adversely impacted by the proposed conditions. Fire and EMS Facilities The proposed expansion will have no measurable impact on Fire and EMS Facilities. It should be assumed that newer buildings will be constructed to current NFPA and building code standards which may reduce the likelihood of related calls. Furthermore, the proposed expanded conditions are consistent with medical/nursing in‐patient care that are generally treated on site; therefore, the increase in medical beds and counseled patients are not considered to have a significant or adverse impact to emergency services conditions. Avow Hospice PUDR – PL20170002501 Legal Description May 1, 2018 1 www.davidsonengineering.com LEGAL DESCRIPTION NORTH ½ OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND THE SOUTH 60 FEET OF THE EAST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND SOUTH ½ OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND THE NORTH ½ OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND THE SOUTH 165 FEET OF THE NORTH ONE-HALF (N ½) OF THE SOUTHEAST ONE-QUARTER (SE ¼) OF THE NORTHWEST ONE-QUARTER (NW ¼) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 895,561 SQUARE FEET OR 20.55 ACRES OF LAND. 1095 & 1301 Whippoorwill Lane Naples, FL Avow Hospice PUDR – PL20170002501 Legal Description May 1, 2018 1 www.davidsonengineering.com LEGAL DESCRIPTION NORTH ½ OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND THE SOUTH 60 FEET OF THE EAST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND SOUTH ½ OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND THE NORTH ½ OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND THE SOUTH 165 FEET OF THE NORTH ONE-HALF (N ½) OF THE SOUTHEAST ONE-QUARTER (SE ¼) OF THE NORTHWEST ONE-QUARTER (NW ¼) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 895,561 SQUARE FEET OR 20.55 ACRES OF LAND. Avow Hospice PUDR – PL20170002501 Narrative & Evaluation Criteria August 3, 2018 1 www.davidsonengineering.com NARRATIVE AND EVALUATION CRITERIA Avow, founded in 1983, is a not-for-profit palliative, hospice and health care campus that provides a variety of medical services and healthcare to those who are living with chronic, serious or terminal illnesses. Avow’s regular operations, consist of fundraising events, marketing, bereavement counseling to grieving adults and youth, medical offices and services to patients such as outpatient surgery, rehabilitation, inpatient pharmaceutical services, and offering medical supplies and transportation. Avow’s intent for future growth and campus expansion is to offer the community with state of the art and update-to-date technology. Since being founded, Avow has continued to evolve into the campus it is today, and will continue to develop to provide necessary services needed for palliative and hospice care within this community. The purpose of this Planned Unit Development Rezone (PUDR) application is to add the ±4.89-acre parcel, located directly south of the existing Avow Hospice, into the CFPUD to allow for future expansion and needed growth of the Avow facility. Furthermore, the PUDR also includes the following updates: • Addition of the Avow project description to the PUD Document • Addition of maximum square footage of development • Addition of limited Individual Family and Social Services, as permitted principal uses (limited to community centers and adult and/or handicapped day care centers); • Addition and clarification of permitted accessory uses for palliative and hospice care; • Update the required lake setback from 0 or 20-feet to a minimum of 5-feet, to allow for development flexibility; • Addition of deviations from the Land Development Code; • Update the legal description (to include the addition of the 4.89-acre parcel). The following criteria have been addressed by the applicant to evaluate the proposed PUDR application: a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Response: The proposed amendment/rezone, as outlined above, does not constitute any unsuitable or inconsistent development patterns in the established areas surrounding the PUD. With the nature of the proposed limited additional land within this application, it is believed that the application is still consistent with the physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water and other utilities. Water, sewer and drainage have been taken into account with the future development proposal as outlined proposed. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such Avow Hospice PUDR – PL20170002501 Narrative & Evaluation Criteria August 3, 2018 2 www.davidsonengineering.com areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Response: Evidence of Unified Control has been provided. Avow Hospice Real Estate, Inc. owns the properties that are the subject of this amendment request. The applicant will be responsible for the provision and maintenance of all facilities on-site. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) Response: This application’s proposal shall be consistent with the Collier County LDC and Growth Management Plan, in that all of the land uses are currently permitted and proposed within the Avow Hospice CFPUD. Through development according to the required development standards found within the CFPUD and the LDC (where required) the PUD will continue to be consistent with the goals, objectives, and policies outlined in the Collier County Growth Management Plan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Response: The proposed PUDA will continue to comply with the minimum buffering requirements as applicable within the Avow Hospice CFPUD. Furthermore, design, location and land use restrictions contained in the CFPUD serve to reduce noise and visual related impacts on adjacent residential properties from any future improvements. The required, design and development standards are consistent with the CFPUD and existing and future land uses. e. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The proposed PUDR will continue to meet or exceed the required open space per the LDC. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: The proposed change being requested under this PUD Rezone/Amendment will not increase impacts to public facilities beyond what is currently approved. Any proposed future improvements within this portion of the Avow Hospice CFPUD will comply with the County Adequate Public Facilities Ordinance where applicable. Avow Hospice PUDR – PL20170002501 Narrative & Evaluation Criteria August 3, 2018 3 www.davidsonengineering.com g. The ability of the subject property and of surrounding areas to accommodate expansion. Response: The result of this PUDR will provide an expansion area of developable land for community facility land uses adjacent to residentially designated property. The PUD Rezone/Amendment expansion would be considered complete with the addition of this property. The remaining surrounding residential fabric, in its current configuration, would not likely permit any future expansion beyond the anticipated boundaries of this request. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Response: The proposed PUD Rezone/Amendment complies with all applicable regulations set forth within the existing CFPUD ordinance and the Collier County Land Development Code. Future Land Use Element Provisions Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: 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 Bayshore/Gateway Triangle Redevelopment Overlay. Response: The properties that are the subject of this PUD Rezone/Amendment are currently developed as single-family residential and are consistent with the Future Land Use Element. The proposed land use change will not increase the residential density of the existing development, but rather eliminate it for the expansion of an approved community facility land use with less of an impact on the neighboring properties. The proposed expansion of an existing land use has been found to be consistent with the surrounding community thought its existing zoning and future land use review of consistency. Avow Hospice PUDR – PL20170002501 Narrative & Evaluation Criteria August 3, 2018 4 www.davidsonengineering.com Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. Response: The existing Avow campus has existing internal drive aisles and developed access points onto an existing collector road; Whippoorwill Lane. With the approval of the acreage addition to the south, the subject property will continue to operate with its internal accesses and this PUD Amendment application will not negatively impact the access to the existing and proposed development. Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The existing Avow campus has existing internal drive aisles and developed access points onto an existing collector road; Whippoorwill Lane. With the approval of the acreage addition to the south, the subject property will continue to operate with its internal accesses and this PUD Amendment application will not negatively impact the access to the existing and proposed development. Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The Avow Hospice CFPUD is an existing development. The proposed acreage and limited land uses additions to the Master Concept Plan will continue to meet the intent of this Policy. Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. The Avow Hospice CFPUD is an existing development. The proposed acreage and limited land uses additions to the Master Concept Plan will continue to meet the intent of this Policy. AVOW HOSPICE CFPUD PUDR – PL20170002501 Deviation Justifications September 2 1, 2018 1 DEVIATION JUSTIFICATION EXHIBIT 1. Deviation #1 seeks relief from LDC Section 5.03.02 H.1.a “Wall Requirements Between Residential and Non-Residential Developments – Height and Location,” which requires a wall if located on a contiguous property, then height shall be 6 feet to 8 feet and placement shall be no less than 6 feet from the residentially zoned district, to instead remove the requirement to place a wall along the southern boundary to allow for an enhanced Type B buffer in lieu of said wall along the south property line, for a distance of ±873 linear feet (from the Whippoorwill Lane right-of-way easement to the preserve boundary), at the time of site development plan approval. The enhanced buffer, in addition to the required planting material as prescribed by the LDC, shall consist of an additional row of 10-foot high, 10-gallon trees at 25-feet on center, and an additional 5-foot high hedge planted at 4-feet on cente r. (Refer to Exhibit G). Justification: The proposed enhanced Type “B” Buffer seeks to provide 80% visual opacity at installation with the listed vegetative plantings below and requiring 100% opacity within 1 year of installation. The provision of the proposed enhanced landscape buffer will render the masonry wall and/or fence unnecessary. Review of this narrative/justification and proposed planting plans will be submitted for consistency during the site development plan review process. Monitoring of the enhanced landscape buffer, installed at planting, and after one year will satisfy the intent of buffering requirements of the LDC. (Net double row of trees at 25’ on center and double row of hedge). 2. Deviation #2 seeks relief from LDC Section 5.03.02 H.1.b “Wall Requirements Between Residential and Non-Residential Developments – Height and Location,” which requires a wall if located on a property opposite a residentially zoned district but fronting on a local street or roadway, … then height shall be 4 feet and placement shall be a minimum of 3 feet from the rear of the right-of-way landscape buffer line, to instead remove the requirement to place a wall along Whippoorwill Lane and allow for an enhanced Type D buffer in lieu of said wall. The enhanced buffer, in addition to the required planting material as prescribed by the LDC, shall consist of an additional 5-foot high hedge (Refer to Exhibit G). Justification: Administrative Variance (AVA-2008-AR-13979) approved the request to eliminate the wall requirement along Whippoorwill Lane for the existing Avow site and instead allowed said buffer to be enhanced. The approved AVA does not specify the details of the required enhancement and to date, the existing eastern buffer contains only code minimum plantings. Therefore, this deviation request seeks to eliminate the wall requirement along Whippoorwill Lane and to allow an enhanced 20’ Type D buffer that consists of LDC prescribed plantings and an additional 5’ high hedge. AVOW HOSPICE CFPUD PUDR – PL20170002501 Deviation Justifications September 2 1, 2018 2 In addition, Whippoorwill Lane separates the Avow Hospice CFPUD from the residential development to the east (The Reserve). The Reserve is a developed multi-family residential community, is zoned PUD and currently provides a type “D” landscape buffer and a 4-foot high wall / fence (on the road side of its existing landscape buffer). The existing Type D buffer on The Reserve property and the proposed 20’ enhanced Type “D” buffer for Avow development is sufficient in providing shielding from headlight glare across the Whippoorwill Lane right-of-way. (Refer to Exhibit G). 3. Deviation #3 seeks relief from LDC Section 6.06.02 A.2 “Sidewalks, Bike Lane and Pathway Requirements,” which requires 5-foot sidewalks to be constructed on both side s of internal streets / access ways, to instead allow a 6-foot sidewalk on one side of the internal street / access way. Justification: Due to the configuration of the proposed development and existing on-site lake, the internal drive aisle is constrained. The approval of this deviation request has no negative impact on pedestrian health, safety or welfare and will reduce the impervious area on the site. 4. Deviation #4 seeks relief from LDC Section 3.05.07 H.1.b “Preserve Standards,” that requires an average width of 50-feet in width but not less than 20-feet for properties twenty acres or greater, to instead allow an average preserve wi dth of 29.6-feet. Justification: The updated AVOW PUD Master Plan demonstrates the construction of an internal loop drive, which is needed for emergency access through the Avow Hospice CFPUD. The relocation of the existing preserve is a result of the proposed loop drive construction. Allowing the proposed preserve configuration will also permit for the internal loop drive to be constructed with minimizing impacts to the existing lake, which is utilized for Avow’s on-site water management. Avow’s preserve configuration and relocation will allow for the project to meet the preservation standard listed under LDC Section 3.05.07 A.5, which requires preserve areas to be interconnected to adjoining off-site preservation areas. Avow’s proposed preserve location abuts the Arlington Lakes PUD preserve to the south, and Brynwood Preserve’s conservation area to the west. When measuring an average width of the preserve area, together with the Brynwood’s preserve to the west, a total of +/-180 linear feet, on average of preservation area is being provided (Refer to Attachment E). AVOW HOSPICE CFPUD PUDR – PL20170002501 Deviation Justifications September 2 1, 2018 3 5. Deviation #5 seeks relief from LDC Section 4.06.02 D. 4 “Standards for Retention and Dete ntion Areas in Buffers,” which prohibits impervious areas within landscape buffers, to instead allow up to 5-feet of the drive aisle to be installed within the 10’ Type “A” buffer, located along the western property line for a distance of ±90 linear feet. The 5-feet of landscape buffer area shall be relocated along the same property boundary. Should existing Live Oaks be removed, they shall be replaced with Sabal Palms, along the property line in the encroachment area, not to exceed 30% of the buffer (Refe r to Exhibits G and H). Justification: This deviation will allow for an existing structure (patio area) to be enclosed / screened along the western property line. Without this request, the required minimum 20-foot drive aisle width cannot be achieved. Approval of this deviation will serve to promote emergency access, pedestrian and vehicular safety. The 5-foot area shall be relocated to the width of the western buffer, as identified on the Master Plan. Therefore, all plant material required for the 10-foot Type A buffer will be installed, according to LDC requirements . (Refer to Exhibits G and H within the PUD). 6. Deviation #6 seeks relief from LDC section 3.05.10 C.2.b “Littoral Shelf Planting Area (LSPA),” which requires that any lake shore line modification, greater than 20% of a previously approved lake shoreline, to comply with LDC section 3.05.10 A, which will result in a 7% littoral shelf planting area requirement of the existing lake's surface area, to instead allow a 3% littoral shelf planting area of the total lake surface area. This equates to an overall 0.2 5 - acre littoral shelf planting area for the lake . Justification: The applicant’s request is to provide a littoral shelf planting area (LSPA), calculated at 3% of the proposed overall lake’s surface area (Refer to Attachment A), which will be modified in conjunction with future SDP permitting for the construction of the proposed loop drive that is needed for emergency access through the development. The existing lake’s overall shoreline will be modified 36% and under the current LDC, a 7% LSPA would be required, which would result in a 0.58-acre LSPA. The existing lake has an overall area of approximately 8.72-acres and is a result of a borrow pit for the construction of Interstate-75; which provided excavated fill material for the highway construction. Historic aerials provide evidence that excavation began in the 1980’s (Refer to Attachment B). Based on the aerial evidence and a review of the LDC, LSPA requirements were not required at time of original excavation / permitting. Furthermore, a Site Development Plan Amendment (AR-2201) provided an LSPA, calculated under a previous LDC provision, by the length of the shoreline (1,165 LF) by 12’ wide; therefore, providing an overall 1,404 SF (Refer to Attachment C). AVOW HOSPICE CFPUD PUDR – PL20170002501 Deviation Justifications September 2 1, 2018 4 Recently the lake, in its entirety, has become the applicant’s property, with the acquisition of the property being added to the CFPUD; by way of this PUDR application. The now solely owned and maintained lake, will provide storm water management for only the Avow development. Currently, the on-site lake discharges via an earthen berm into the on-site preserve and migrates south behind the Andalucia subdivision with ultimate discharge into I-75 Canal, via the Kensington Canal. By discharging into an existing wetland / preserve area, the same treatment provided by LSPA areas will be achieved. For Avow to function, utilizing the existing dry detention ponds and lake as a water management facility, the required size for a lake would be 0.50 acres; generating a total LSPA requirement of 1,530 square feet. After construction completion of the proposed loop drive, the lake will have an overall surface area of 8.25-acres (Refer to Attachment D for the proposed Lake Fill Exhibit). It is the intent of this deviation request to exceed the previous “non-requirement” for a LSPA, because the original lake did not require a LSPA at the time it was dug, to instead provide a LSPA calculated at 3% of the proposed lake’s surface area (8.25-acres) for an overall LSPA of 0.25-acres. 7. Deviation #7 seeks relief from LDC Section 4.05.02 F which requires that parking areas be arranged so that no vehicle shall be forced onto any street to gain access from one aisle to another aisle, to inste ad allow access to the ±4.89-acre expansion parcel via an existing driveway along Whippoorwill Lane. An interconnect between the existing Avow development and the ±4.89-acre property will be provided at time of SDP permitting for the proposed loop drive. Justification: Avow is proposing to utilize an existing structure (previous home) on the ±4.89-acre expansion property, subject of this PUDR request and highlighted below, for a temporary center for youth bereavement counseling (SDPA-PL20180000562). Future development plans for the Avow site consist of constructing an internal loop drive (for emergency vehicle access), labeled “Proposed Drive Access” on the master plan, and will provide a permanent vehicular interconnect between the existing site and the recently obtained ±4.89-acre property, allowing for a unified development. The temporary youth bereavement center will be accessed from an existing drive along Whippoorwill Lane and also via sidewalks being extended along Whippoorwill and internally through the site. AVOW HOSPICE CFPUD PUDR – PL20170002501 Deviation Justifications September 2 1, 2018 5 Collier County Property Aerial showing the ±4.89-acre parcel Traffic Impact Statement Avow Hospice of Naples Community Facility Planned Unit Development Rezone (CFPUDR) Collier County, FL 4/24/2018 Prepared for: Prepared by: Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239.434.6060 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Phone: 239.566.9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Methodology Fee – $500.00 Collier County Transportation Review Fee – Small Scale Study – No Fee Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 2 Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite #202 Naples, FL 34110 Company Cert. of Auth. No. 27796 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 3 Table of Contents Project Description ......................................................................................................................... 4 Trip Generation ............................................................................................................................... 5 Trip Distribution and Assignment ................................................................................................... 7 Background Traffic .......................................................................................................................... 9 Existing and Future Roadway network ........................................................................................... 9 Project Impacts to Area Roadway Network Link Analysis ............................................................ 10 Site Access Turn Lane Analyses .................................................................................................... 12 Improvement Analysis .................................................................................................................. 14 Mitigation of Impact ..................................................................................................................... 15 APPENDICES Appendix A: Project Master Site Plan .......................................................................................... 16 Appendix B: Initial Meeting Checklist (Methodology Meeting) .................................................. 18 Appendix C: Trip Generation Calculations ITE 9th Edition .......................................................... 25 Appendix D: Approved Trip Distribution and Traffic Assignment ............................................... 28 Appendix E: Collier County Resolution No. 13-257 – Table 1 ...................................................... 30 Appendix F: Turning Movements Exhibits ................................................................................... 32 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 4 Project Description The Avow Hospice of Naples project is located on the west side of Whippoorwill Lane, approximately one quarter mile south of Pine Ridge Road (CR 896) in Section 18, Township 49 South and Range 26 East in Collier County. Refer to Figure 1 - Project Location Map, which follows, and Appendix A: Project Master Site Plan. Fig. 1 – Project Location Map The subject site is approximately 15.25 acres in size and it is zoned as Community Facility Planned Unit Development (CFPUD) as illustrated in the approved Collier County Ordinance No. 09-37. Currently, the parcel is developed as a care facility (for a total size of 62,650 square feet) and provides two full movement connections onto Whippoorwill Lane. The CFPUD Rezone (CFPUDR) application proposes to include the approximately 4.89 acre parcel (located to the south of the Avow campus) within the PUD. Currently, this parcel is zoned Residential Single Family RSF – 5(0.4) and provides three full movement connections onto Whippoorwill Lane. As illustrated in the proposed Master Site Plan, the project proposes to Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 5 retain the southernmost access associated with this parcel and vacate the other two connections. The development program is illustrated in Table 1. Table 1 Development Program Development ITE Land Use ITE Land Use Code Total Size at Build-out (square feet) Approved CFPUD – Existing Developed Conditions Nursing Home 620 62,650 Proposed CFPUD Rezone Nursing Home 620 92,382 A methodology meeting was held with the Collier County Transportation Planning staff on October 24, 2017, via email (refer to Appendix B: Initial Meeting Checklist (Methodology Meeting). For purposes of this evaluation, the project build-out year is assumed to be consistent with the Collier County 2023 planning horizon. Trip Generation The project’s site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition. The software program OTISS – Online Traffic Impact Study Software (most current version) was used to create the raw unadjusted trip generation for the project. The ITE rates are used for the trip generation calculations. The ITE – OTISS trip generation calculation worksheets are provided in Appendix C: Trip Generation Calculations ITE 9th Edition. Based on ITE recommendations, no reductions for internal capture or pass-by trips have been taken into consideration. The traffic associated with the proposed CFPUD Rezone at build-out conditions is illustrated in Table 2A. The trip generation analysis for the existing developed conditions is shown in Table 2B. The estimated net new traffic between the proposed CFPUD Rezone development versus the existing developed CFPUD scenario is illustrated in Table 2C (the difference between Table 2A and Table 2B). Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 6 Table 2A Trip Generation – (Proposed CFPUD Rezone) – Average Weekday Proposed Build-out Conditions 24 Hour Two- Way Volume AM Peak Hour PM Peak Hour ITE Land Use Size Enter Exit Total Enter Exit Total Nursing Home 92,382 sf 702 36 15 51 35 33 68 Table 2B Trip Generation – (Existing Approved CFPUD) – Average Weekday Existing Developed 24 Hour Two- Way Volume AM Peak Hour PM Peak Hour Land Use Size Enter Exit Total Enter Exit Total Nursing Home 62,650 sf 476 24 10 34 24 22 46 Table 2C Trip Generation - (Proposed Net New Traffic) — Average Weekday Development 24 Hour Two- Way Volume AM Peak Hour PM Peak Hour Size Enter Exit Total Enter Exit Total Proposed CFPUD Rezone 92,382sf 702 36 15 51 35 33 68 Existing Approved CFPUD 62,650 sf 476 24 10 34 24 22 46 Net New Traffic 226 12 5 17 11 11 22 In agreement with the Collier County Traffic Impact Study (TIS) guidelines, significantly impacted roadways are identified based on the proposed project highest peak hour trip generation (net new external traffic) and consistent with the peak hour of the adjacent street traffic. Based on the information contained in Collier County 2017 Annual Update and Inventory Report (AUIR), the peak hour for adjacent roadway network is PM. For the purpose of this analysis, the surrounding roadway network concurrency analysis is analyzed based on projected net new PM peak hour traffic as illustrated in Table 2C. The site operational analysis reflects projected AM and PM peak hour external traffic generated by the proposed CFPUD Rezone project (as shown on Table 2A). Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 7 Trip Distribution and Assignment The net new traffic generated by the proposed development is assigned to the adjacent roadways based on coordination with Collier County Transportation Planning staff and consistent with the approved Transportation Impact Statement prepared by Davidson Engineering, Inc. on October 20, 2008 (reference Appendix D: Approved Trip Distribution and Traffic Assignment). The site-generated net new traffic distribution is shown in Table 3, Project Traffic Distribution for PM Peak Hour and is graphically depicted on Figure 2 – Project Distribution by Percentage and By PM Peak Hr. Table 3 Project Traffic Distribution for PM Peak Hour Roadway Link Collier County AUIR Link ID # Roadway Link Location Distribution of Project Traffic PM Peak Hr Project Traffic Vol. * Enter Exit Pine Ridge Road (CR 896) 67.2 Livingston Rd to Whippoorwill Lane 50% EB-5 WB-5 Pine Ridge Road (CR 896) 67.2 Whippoorwill Lane To I-75 50% WB-6 EB-6 Whippoorwill Lane ** N/A Pine Ridge Road To Project Entrance 100% SB-11 NB-11 Note(s): *Peak hour, peak direction traffic volumes are underlined and bold to be used in Roadway Link Level of Service calculations; ** Not a Collier County Monitored Roadway Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 8 Figure 2 – Project Distribution by Percentage and by PM Peak Hour Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 9 Background Traffic Average background traffic growth rates were estimated for the segments of the roadway network in the study area using the Collier County Transportation Planning Staff guidance of a minimum 2% growth rate, or the historical growth rate from annual peak hour, peak direction traffic volume (estimated from 2008 through 2017), whichever is greater. The peak hour, peak direction traffic volumes associated with the analyzed roadway segments are provided annually in Collier County Annual Update and Inventory Report (AUIR). Another way to derive the background traffic is to use the 2017 AUIR volume plus the trip bank volume. Table 4, Background Traffic without Project illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the build-out year 2023. Table 4 Background Traffic without Project (2017 - 2023) Roadway Link CC AUIR Link ID # Roadway Link Location 2017 AUIR Pk Hr, Pk Dir Background Traffic Volume (trips/hr) Projected Traffic Annual Growth Rate (%/yr)* Growth Factor 2023 Projected Pk Hr, Peak Dir Background Traffic Volume (trips/hr) Growth Factor** Trip Bank (trips/ hr) 2023 Projected Pk Hr, Peak Dir Background Traffic Vol (trips/hr) Trip Bank*** Pine Ridge Rd (CR 896) 67.2 Livingston Rd to Whippoorwill Lane 2,990 2.0% 1.1262 3,368 103 3,093 Pine Ridge Rd (CR 896) 67.2 Whippoorwill Lane To I-75 2,990 2.0% 1.1262 3,368 103 3,093 Note(s): * Annual Growth Rate - from 2008 to 2017 AUIR peak hour, peak direction volume, 2% minimum. ** Growth Factor = (1+Annual Growth Rate) ^6. 2023 Projected Volume= 2017 AUIR Volume x Growth Factor. *** 2023 Projected Volume= 2017 AUIR Volume + Trip Bank. The projected 2023 Peak Hour – Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which is underlined and bold as applicable. Existing and Future Roadway network The existing roadway conditions are extracted from the 2017 Annual Update and Inventory Report (AUIR) and the project roadway conditions are based on the current Collier County 5- Year Work Program. Roadway improvements that are currently under construction or are scheduled to be constructed within the five-year Transportation Improvement Plan (TIP) or Capital Improvement program (CIP) are considered to be committed improvements. Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 10 The analyzed Pine Ridge Road links are within the East Central Transportation Concurrency Management Area (TCMA). The TCMA’s designation is provided in Policy 5.6 of the Transportation Element. Based on the data contained within the 2017 AUIR, Pine Ridge Road link from Livingston Road to I-75 (AUIR Link ID #67.2) is shown to operate with a LOS deficiency under current traffic background conditions. It is noted that a corridor study is currently underway within the East Central TCMA to pursue roadway capacity improvements and operational analysis of intersections along Pine Ridge Road. Based on these facts, the evaluated segment on Pine Ridge Road is anticipated to remain in its present condition (6 lane divided arterial) through project buildout (year 2023). In addition, the FY 2017 - 2027 TIP identifies the construction of a roadway interconnection between Whippoorwill Lane and Marbella Drive with construction scheduled for FY 2021 & 2022. The existing and future roadway conditions are illustrated in Table 5, Existing and Future Roadway Conditions. Table 5 Existing and Future Roadway Conditions Roadway Link CC AUIR Link ID # Roadway Link Location Exist Roadway Min. Standard LOS Exist Peak Dir, Peak Hr Capacity Volume Future Project Build out Roadway Pine Ridge Road (CR 896) 67.2 Livingston Rd to I-75 6D E 3,000 (EB) 6D Note(s): 2U = 2-lane undivided roadway; 4D, 6D, 8D =4-lane, 6-lane, 8-lane divided roadway, respectively; Project Impacts to Area Roadway Network Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project, which were evaluated to determine the project impacts to the area roadway network in the future (2023). The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accessed by the project; 3% for other subsequent links and if the roadway is projected to exceed the adopted LOS standard. Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 11 Based on these criteria, this project does not create any significant impacts to the area roadway network. Table 6, Roadway Link Level of Service illustrates the LOS impacts of the project on the roadway network closest to the project. Based on the data contained within the 2017 AUIR, the Pine Ridge Road link from Livingston Road to I-75 is shown to operate with a LOS deficiency under current background conditions. Table 6 Roadway Link Level of Service (LOS) – With Project in the Year 2023 Roadway Link CC AUIR Link ID # Roadway Link Location 2017 Peak Dir, Peak Hr Capacity Volume Roadway Link, Peak Dir, Peak Hr (Project Vol Added)* 2023 Peak Dir, Peak Hr Volume w/Project ** % Volume Capacity Impact By Project Min LOS exceeded without Project? Yes/No Min LOS exceeded with Project? Yes/No Pine Ridge Rd (CR 896) 67.2 Livingston Rd to Whippoorwill Lane 3,000 (E) EB-5 3,373 0.2% Yes Yes Pine Ridge Rd (CR 896) 67.2 Whippoorwill Lane To I-75 3,000 (E) EB-6 3,374 0.2% Yes Yes Note(s): * Refer to Table 3. **2023 Projected Volume= 2023 background (refer to Table 4) + Project Volume added. As previously mentioned in this report, a corridor study is underway to pursue detailed capacity and operational analyses and provide solutions for the existing level of service and capacity deficiencies on this roadway segment. In agreement with the Collier County Growth Management Plan – Transportation Element – Policy 5.2, project traffic that is 1% or less of the adopted peak hour service volume represents a de minimis impact. As illustrated in Table 6, the projected traffic impact is de minimis for the purposes of this application. In agreement with Policy 5.7 of the Transportation Element, the TCMA concurrency is measured on a system-wide basis such that each TCMA shall maintain 85% of its lane miles at or above the LOS standards. Based on the information contained in 2017 AUIR, the East Central TCMA percent lane miles meeting standard is 92.6%. As illustrated in Policy 5.8(d) – Transportation Element, no impact will be de minimis if it exceeds the adopted LOS standard of any affected designated hurricane evacuation routes within a TCMA. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share congestion mitigation payment provided the remaining LOS requirements of the TCMA are maintained. Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 12 As stated in the Collier County Land Development Code (LDC) 6.02.02 L.5., in order to be exempt from link specific concurrency, new commercial development or redevelopment within Collier County’s designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least 2 of the Transportation Demand Management (TDM) strategies, as may be applicable that are listed within that section. This project proposes to utilize the following TDM strategies: a. Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. h. Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. In summary, our findings are as follows: Pine Ridge Road link from Livingston Road to I-75 is a deficient roadway link; and that the East Central TCMA contains sufficient capacity so that the minimum 85% capacity threshold is maintained. The Developer may be required to assist the County with potential capacity/operational improvements that would provide sufficient capacity along Pine Ridge Road, from Livingston Road to I-75. Site Access Turn Lane Analyses Currently, the developed CFPUD parcel provides two full movement connections onto Whippoorwill Lane. No modifications to these accesses are proposed as part of the CFPUD Rezone application. The adjacent residential zoned parcel to the south that is proposed to be included within the PUD boundaries provides three full movement connections onto Whippoorwill Lane. As illustrated in the proposed Master Site Plan, the project proposes to retain the southernmost access associated with this parcel and vacate the other two connections. For more details refer to Appendix A: Project Master Site Plan. Access Management Evaluation Whippoorwill Lane is a 2-lane undivided local roadway under Collier County jurisdiction, and has a posted legal speed of 35 mph in the vicinity of the project. Collier County Resolution No. 13-257, as may be amended, establishes the adopted Collier County Access Management system for arterial and collector roadways. The adopted spacing standard is illustrated in the Table 1 – Access Classification and Standards of the approved Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 13 Collier County Access Management Policy. For more details refer to Appendix E: Collier County Resolution No. 13-257 – Table 1. Based on the data illustrated in Appendix E, the established spacing standard for Whippoorwill Lane is 125 ft. as minimum connection spacing. As such, the proposed project accesses meet or exceed standard connection separation. Project Connectivity to Livingston Road Under current conditions, Whippoorwill Lane is a no outlet roadway facility. Based on this fact, it is estimated that approximately 100% of the destination/origin trips associated with the developments along Whippoorwill Lane will utilize Pine Ridge Road. As previously shown in this report, a roadway interconnection between Whippoorwill Lane and Marbella Lakes Drive to the south is scheduled construction for the FY 2021 and 2022. Upon its completion, it will provide increased connectivity to the County’s transportation network for the developments along Whippoorwill Lane by allowing an alternate route to Livingston Road. It is expected that a portion of the traffic (associated with these developments) willing to go to/come from destinations located on Livingston Road, south of Pine Ridge Road, will utilize this new interconnection. As such, the future roadway connection between Marbella Lakes Drive and Whippoorwill Lane will help relieve traffic on the Pine Ridge Road segment located from Livingston Road to I-75 highway. Stipulation associated with previously approved site development application As reflected in the 11-02-2015 Site Development Plan Amendment (SDPA) stipulation associated with the approved PL 20150000302 Planning Project Application Number, “compensating ROW for the right-turn lane will be required when additional space becomes available (so that the Stormwater detention along Whippoorwill Lane can be relocated), or when requested by the County as needed for future roadway improvements”. Turn lane Analysis – Current Whippoorwill Lane Configuration Based on FDOT Index 301, design speed of 35 mph, the minimum turn lane length is 145 ft. (which includes a 50 ft. taper) plus required queue. Project access is evaluated for turn lane warrants based on Collier County Right-of-way Manual: (a) two-lane roadways – 40 vph for right-turn lane/20 vph for left-turn lane; (b) multi-lane divided roadways – right turn lanes shall always be provided; and (c) when new median openings are permitted, they shall always include left turn lanes. Turn lane lengths required at build-out conditions are analyzed based on the number of turning vehicles in an average one-minute period for right-turning movements, and two-minute period Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 14 for left-turning movements, within the peak hour traffic. The minimum queue length is 25 ft. and the queue/vehicle is 25 ft. For more details refer to Appendix F: Turning Movements Exhibits. North Entrance - Current and Future Whippoorwill Lane Configuration The project is expected to generate 7 vph and 7 vph inbound right-turning movements during the AM and PM peak hour, respectively, which are both below the County warranting threshold value of 40 vph. As such, a dedicated southbound right-turn lane is not warranted at this location. Mid - Entrance - Current Whippoorwill Lane Configuration There is an existing southbound right-turn lane which is approximately 145 ft long. The project is expected to generate 22 vph and 21 vph inbound right-turning movements during the AM and PM peak hour, respectively, which are both below the County warranting threshold value of 40 vph. As such, a dedicated southbound right-turn lane is not warranted at this location. Mid - Entrance - Future Whippoorwill Lane Configuration The project is expected to generate 15 vph and 14 vph inbound right-turning movements during the AM and PM peak hour, respectively, which are both below the County warranting threshold value of 40 vph. As such, a dedicated southbound right-turn lane is not warranted at this location. A northbound left-turn lane is not warranted as the project is expected to generate 7 vph and 7 vph inbound left-turning movements during the AM and PM peak hour, respectively (traffic volumes are below the 20 vph threshold value). South Entrance - Current and Future Whippoorwill Lane Configuration The project is expected to generate 7 vph and 7 vph inbound right-turning movements during the AM and PM peak hour, respectively, which are both below the County warranting threshold value of 40 vph. As such, a dedicated southbound right-turn lane is not warranted at this location. Improvement Analysis Based on the concurrency analysis results, the proposed project is not a significant traffic generator for the roadway network at this location. The Pine Ridge Road link from Livingston Road to I-75 is shown to operate with a LOS deficiency under current and future background conditions. Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 15 As illustrated in our analysis, the projected traffic impact is de minimis for the purposes of this application. The East Central TCMA concurrency is satisfied since the TCMA contains sufficient capacity to maintain 85% of its lane miles at or above the LOS standards. Based upon the results of turn lane analysis performed within this report, no turn lane improvements are recommended to accommodate projected traffic at build-out conditions. A re-evaluation of transportation concurrency and applicable access points – turn lane requirements will be performed at the time of future site development orders when more specific development parameters will be made available. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project. Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 16 Appendix A: Project Master Site Plan Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 17 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 18 Appendix B: Initial Meeting Checklist (Methodology Meeting) Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 19 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 20 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 21 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 22 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 23 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 24 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 25 Appendix C: Trip Generation Calculations ITE 9th Edition Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 26 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 27 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 28 Appendix D: Approved Trip Distribution and Traffic Assignment Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 29 TRIP DISTRIBUTION AND TRAFFIC ASSIGNMENT Existing Roadway Conditions. The trip distribution and traffic assignment for the proposed project is based on knowledge of the study area, examination of the surrounding roadway network characteristics, review of current traffic volumes, and existing land use patterns. Consistent with previous traffic studies conducted for this site (Avow Hospice TIS dated October 20, 2008), the trip distribution assumed for the Avow Hospice of Naples CFPUD is summarized below:  100% to and from the north via Whippoorwill Lane  50% to and from the west via Pine Ridge Road (west of Whippoorwill Lane)  50% to and from the east via Pine Ridge Road (east of Whippoorwill Lane) Future Roadway Conditions. Based on our examination of the surrounding roadway network characteristics, review of current traffic volumes and existing land use patterns, the trip distribution for future roadway conditions is summarized below:  80% to and from the north via Whippoorwill Lane  20% to and from the south via Whippoorwill Lane  40% to and from the west via Pine Ridge Road (west of Whippoorwill Lane)  40% to and from the east via Pine Ridge Road (east of Whippoorwill Lane) Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 30 Appendix E: Collier County Resolution No. 13-257 – Table 1 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 31 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 32 Appendix F: Turning Movements Exhibits Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 33 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 34 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 35 Avow Hospice of Naples – CFPUDR – TIS – April 2018 Trebilcock Consulting Solutions, PA P a g e | 36 AVOW HOSPICE Environmental Data for PUDR Section 18 / Township 49 S / Range 26 E Prepared For: Prepared By: November 27, 2017 Updated: April 19, 2018 Collier County Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com APPENDICES APPENDIX A: Collier County Zoning Map 9618N APPENDIX B: PUD Master Plan (Davidson Engineering) APPENDIX C: Staff Qualifications APPENDIX D: Protected Species Survey APPENDIX E: Phase I Environmental Site Assessment INTRODUCTION The purpose of this document is to satisfy the Environmental Data requirements (LDC Section 3.08.00) for a planned unit of development-rezone (PUDR) to the Avow Hospice property. This information is in response to the items in the PUDR Pre-Application Notes as provided by Davidson Engineering. PROPERTY LOCATION The Avow Hospice property is located in Section 18 Township 49 South, Range 26 East, in Collier County, Florida. Specifically, the property is south of Pine Ridge Road, east of Livingston Road, and immediately west of Whippoorwill Lane. The entire parcel is approximately 20.55 acres. See Figure 1 below for a location map. Figure 1. Location Map Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com ENVIRONMENTAL PUDZ-PUDA CHECKLIST (non-RFMU) 1. Is the project in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RIMU, etc.) (LDC 2.03'05-2 03 08; 4 08'00) Wellfield Overlay - will be regulated depending on uses. • The western two-thirds of the Avow property contain an ST/W -4 overlay. The proposed uses on the Avow property are not precluded by the overlay. See Appendix A for a copy of the Collier County zoning map. 2. Submit a current aerial photograph (available from the Property Appraiser’s office) and clearly delineate the subject boundary lines. If the site is vegetated, provide FLUCCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -P627. • See Figure 2, Aerial with FLUCCS Mapping and vegetation descriptions below. Figure 2. Aerial with FLUCCS Mapping Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com Based on the FLUCCS system, the following communities are present on the property: FLUCCS CODE DESCRIPTION ACREAGE 110 Single Family Residential 1.75 174 Medical & Health Care 8.94 500 Borrow Pond 7.98 625-E3 Hydric Pine Flatwoods (51-75% Exotics) 0.33 641 Freshwater Marsh 0.30 740 Disturbed Lands 0.97 740H Hydric Disturbed Lands 0.16 814 Roads and Highways 0.12 Total 20.55 FLUCCS 110, Single Family Residential, 1.75 Acres This developed area contains little vegetation and is located in the southeastern portion of the Subject Property. It contains two (2) houses, and three (3) additional small structures (storage sheds). FLUCCS 174, Medical & Health Care, 8.94 Acres This area contains the existing Avow Hospice campus and its affiliated buildings, landscaping, and parking lots. It makes up the bulk of the property to the north and east of the pond. FLUCCS 500, Borrow Pond, 7.98 Acres A large pond makes up the center of the property. It is bordered by melaleuca, earleaf acacia and scattered Brazilian pepper along the southern edge. FLUCCS 625-E3, Hydric Pine Flatwoods (51-75% Exotics), 0.33 Acres This community is found in the southwest property corner. It is characterized by a sparse to moderate canopy of slash pine and bald cypress. The mid-story consists of slash pine and to a lesser degree, bald cypress, scattered cabbage palm and myrsine. Ground cover consists of saltbush, shrubby false buttonweed, Carolina willow, swamp fern, and wax myrtle. Exotic species such as melaleuca, seaside mahoe and earleaf acacia are abundant. FLUCCS 641, Freshwater Marsh, 0.30 Acres This community exists along the western property boundary, bordering a portion of the pond. It is a created preserve which consists of few remaining planted species of red maple and wax myrtle. FLUCCS 740, Disturbed Lands, 0.97 Acres Disturbed lands are those which have been changed primarily due to human activity. On the site, these areas consist primarily of cleared and grassy areas, and occur just south of the pond. They appear to have been mowed and maintained in conjunction with the residential homes on the property. FLUCCS 740H, Hydric Disturbed Lands, 0.16 Acres Hydric disturbed lands exhibit signs of hydrology such as standing water. This area exists as a thin stretch of relatively barren land in the southwest property corner, immediately west of the pond. FLUCCS 814, Roads and Highways, 0.12 Acres This area consists of a small stretch in the southeastern-most property corner, along Whippoorwill Lane. 3. Clearly identify the location of all preserves and label each as “Preserve” on all plans (LDC 3.05.07.H.1). Preserve Label- P546. • See Davidson Engineering PUD Master Plan, provided in Appendix B. Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on-site or mitigated off-site. Exclude vegetation located within utility and drainage easements from the preserve calculation (LDC 3.05.07.B-D; 3.05.07.F; 3.05.07.H.1.d-e). • See Davidson Engineering PUD Master Plan. The native vegetation requirement was calculated as: 0.30 acres provided in current PUD 0.33 acres of existing native vegetation on new parcel. 0.33 x 15% - 0.05 acres Total native vegetation required to entire PUD = 0.30 + 0.05 = 0.35 acres 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. • See Davidson Engineering PUD Master Plan. The existing native vegetation on the property does not meet minimum width dimensions but is required to be preserved pursuant to the preserve selection criteria in LDC section 3.05.07. 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors (LDC 3.05.07.A.1-4). • See Davidson Engineering PUD Master Plan. The preserve was selected in order to remain contiguous with existing preserves on adjacent properties. The entire preserve is wetland. The applicant would be preserving the entire 0.33 acres of existing forested wetland on the site and creating 0.02 acres to meet the preserve requirement of 0.35 acres for the PUD. 7. Principle structures shall be located a minimum of 25’ from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10’ of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). (LDC 3.05.07.H.3; 6.01.02.C.) • See Davidson Engineering PUD Master Plan. 8. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off-site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination (LDC 3.08.00). • SEE ENVIRONMENTAL DATA CHECKLIST BELOW. See Appendix C, Staff Qualifications. 9. PUD Document and Master Plan shall state the minimum acreage required to be preserved (LDC 10.02.13.A.2). • See Davidson Engineering PUD Master Plan. 10. PUD shall include Preserve Tract section. When listing preserve uses, the following is suggested: A. Principal Use: Preserve; B. Accessory Uses: All other uses (list as applicable or refer to the LDC) OR A. Allowable Uses: Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com 1. Nature trails and boardwalks that do not reduce the amount of required preserve. 2. Passive Recreation areas, as per LDC requirements. 3. Water management as allowed by the LDC. • See Davidson Engineering PUD Master Plan. PUD Commitments and Site Plan notes Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master plan: Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. • See Davidson Engineering PUD Master Plan. ENVIRONMENTAL DATA CHECKLIST The Environmental Data requirements can be found in LDC Section 3.08.00 1. Provide the EIS fee if PUD or CU. • Fee was included with submittal. 2. Who and what company prepared the Environmental Data Report? • This Environmental Data Report was prepared by Earth Tech Environmental, LLC. Ecologists Jeremy Sterk and Jennifer Bobka. See Appendix C, Staff Qualifications. 3. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. • Based on the FLUCCS system, there are three wetland communities present on the property, totaling 0.79 acres: FLUCCS 625-E3, Hydric Pine Flatwoods (51-75% Exotics), 0.33 Acres This community is found in the southwest property corner. It is characterized by a sparse to moderate canopy of slash pine and bald cypress. The mid-story consists of slash pine and to a lesser degree, bald cypress, scattered cabbage palm and myrsine. Ground cover consists of saltbush, shrubby false buttonweed, Carolina willow, swamp fern, and wax myrtle. Exotic species such as melaleuca, seaside mahoe and earleaf acacia are abundant. FLUCCS 641, Freshwater Marsh, 0.30 Acres This community exists along the western property boundary, bordering a portion of the pond. It is a created preserve which consists of few remaining planted species of red maple and wax myrtle. FLUCCS 740H, Hydric Disturbed Lands, 0.16 Acres Hydric disturbed lands exhibit signs of hydrology such as standing water. This area exists as a thin stretch of relatively barren land in the southwest property corner, immediately west of the pond. See Figure 3 below, Aerial with Wetlands Identified Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com Figure 3. Aerial with Wetlands Identified 4. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. • See Davidson Engineering PUD Master Plan. Stormwater will be treated in onsite detention areas and existing pond. It will ultimately discharge into the wetland preserve in the southwest corner of the site according to SFWMD criteria. 5. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. • A USGS topo quad map with the property boundary overlain is shown in Figure 4. See site survey provided by Davidson Engineering. Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com Figure 4. USGS Quad Map 6. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered. • See Appendix D, Protected Species Survey. 7. Provide a survey for listed plants identified in 3.04.03. • See Appendix D, Protected Species Survey. 8. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on-site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. ln a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. • See Figure 2 above, Aerial with FLUCCS Mapping and provided FLUCCS descriptions. See Davidson Engineering PUD Master Plan. The native vegetation requirement was calculated as: 0.30 acres provided in current PUD 0.33 acres of existing native vegetation on new parcel. 0.33 x 15% - 0.05 acres Total native vegetation required to entire PUD = 0.30 + 0.05 = 0.35 acres 9. Where off-site preservation of native vegetation is proposed in lieu of on-site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off-site parcel(s) if off-site donation of land is to occur. • Not applicable – the applicant is not proposing any offsite preservation. 10. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. • See Appendix E, Phase 1 Environmental Site Assessment. 11. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. • Not applicable. 12. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. lnclude all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13,2005. • Not applicable. 13. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PLID rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. • The western two-thirds of the Avow property contain an ST/W -4 overlay. The proposed uses on the Avow property are not precluded by the overlay. See Appendix A for a copy of the Collier County zoning map. 14. The County Manager or designee may require additional data or information necessary to evaluate the project’s compliance with LDC and GMP requirements (LDC 10.02.02.A.3 f). The following to be determined at pre-application meeting (choose all that apply): a. Provide overall description of project with respect to environmental and water management issues. Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. • The applicant proposes an expansion of their existing campus onto a vacant parcel to their south. The current preserve for the Avow PUD is located along the west side of the existing campus at the end of the rear cul-de-sac. The existing created preserve (0.30 acres) has struggled due to heavy inundation and rocky soil. Avow is proposing to move this created preserve to the southwest corner of the site, on the parcel being added to the PUD. The new preserve requirement for the updated PUD is 0.35 acres. The preserve would contain 0.33 acres of existing wetland (FLUCCS 625) and 0.02 acres of created preserve adjacent to it. This configuration is better than existing conditions with respect adjacency of offsite preserves and the fact that it is existing wetlands, not entirely re-created. The project meets the native vegetation requirement in the CCME & LDC based on selection criteria and size. 15. PLID zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. • See this document and supporting information – it will be collated into an EIS package prior to public hearings. 16. Is EAC Review (by CCPC) required? • No. 17. PUD master plan site plan notes: Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.8.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. Proposed preserve is adjacent to existing offsite preserves. Landscape buffering should not be an issue. Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com The following section addresses the applicable objectives and policies in the Conservation and Coastal Management Element (CCME) of the Growth Management Plan (GMP) for the Avow Hospice property. Bullet points are in response to the Collier County Growth Management Plan- Conservation and Coastal Management Element as of Ordinance No. 2017-20 adopted June 13, 2017 (Prepared by Collier County Planning and Zoning Department Comprehensive Planning Section). II. GOALS, OBJECTIVES & POLICIES GOAL 1: (IX) TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF THE COUNTY’S NATURAL RESOURCES. (IV)(IX)(XI) OBJECTIVE 1.1: Maintain a comprehensive environmental management and conservation program to ensure that natural resources, including State and Federally listed animal species within the County are properly, appropriately, and effectively identified, managed, and protected. • A listed species survey was conducted in October 2017 on the Avow property. While listed species (wading birds) were observed utilizing the pond on the property, the pond is projected to remain, and therefore should not be affected by the new development. While the property falls within black bear habitat (along with all of South Florida), there have been no occurrences of a tagged bear on or within a two -mile radius of the property; there have been no bear mortalities on or within a two-mile radius of the property. There have been multiple bear-related calls within a two-mile radius, the nature of which includes bear sightings, bear in trash, property damage, sick/injured bear, etc., though none on the property itself. See attached Protected Species Survey and black bear information (Appendix D). (II)(IX) OBJECTIVE 1.3: Protect identified environmental systems through the Natural Resource Protection Area (NRPA) and Rural Lands Stewardship programs. (IX) GOAL 2: TO PROTECT THE COUNTY’S SURFACE AND ESTUARINE WATER RESOURCES. (VI)(IX) OBJECTIVE 2.1: Prepare Watershed Management Plans, which contain appropriate mechanisms to protect the County’s estuarine and wetland systems. Until the Watershed Management Plans are completed, the County shall apply the following as interim standards for development: a. (IX)(X)(XI) All new development and re-development projects shall meet 150% of the water quality volumetric requirements of Section 4.2.1(a) of the Environmental Resource Permit Applicant’s Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District (2014), and the retention and detention requirements, and the allowable off-site discharge rates provided in the Code of Laws and Ordinances; b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. c. (IX) Floodplain storage compensation shall be evaluated for developments within the designated Flood Hazard Area (flood zones starting with the letter “V” or “A”) as depicted on the Flood Insurance Rate Maps published by the Federal Emergency Management Agency with an effective date of May 16, 2012. Floodplain storage compensation shall Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com also be evaluated for areas known to be periodically inundated by intense rainfall or sheetflow conditions. d. (XI) All development located within areas identified on Figure 1 shall be evaluated to determine impacts to natural wetlands, flowways, or sloughs. For this particular evaluation, natural wetlands, flowways, or sloughs shall be tentatively identified as contiguous lands having a continual preponderance of wetland or wet facultative plant species and a ground elevation through the major portion of the natural wetland, flowway, or slough at least one foot lower than the ground at the edge of the natural wetland, flowway, or slough. The edge of the natural wetlands, flowways, or sloughs shall be identified by field determination and based upon vegetation and elevation differences from the adjacent uplands or transitional wetlands. The County shall require the applicant to avoid direct impacts to these natural wetlands, flowways, or sloughs or, when not possible, to ensure any direct impact is minimized and compensated for by providing the same conveyance capacity lost by the direct impact. The County shall adhere to the limiting discharge rates of each basin as provided in the Code of Laws and Ordinances. e. All new development and re-development projects shall ensure surrounding properties will not be adversely impacted from the project’s influence on stormwater sheet flow. f. (IX) Prior to commencement of development, the applicants of a development project shall obtain any necessary state and federal environmental permits. g. Within one year of the effective date of these amendments, the County shall adopt land development regulations to require Best Management Practices of future development or re-development projects. Best Management Practices means structural and non- structural facilities or practices intended to reduce pollution either through source control or treatment of stormwater. (XI) = Plan Amendment by Ordinance No. 2017-20 on June 13, 2017 • The existing Avow property has an environmental resource permit through the South Florida Water Management District (SFWMD) that addresses all the applicable items in Objective 2.1. The existing permit will be modified to include the additional parcel to the south. The modified permit will continue to meet SFWMD and Collier County criteria for water management. (VI) Policy 2.1.4: All Watershed Management Plans shall address the following concepts: a. Appropriate wetlands and uplands serving as a buffer to wetlands are conserved; b. Drainage systems do not degrade wetland and estuary ecosystems; c. Surface water that potentially could recharge ground water is not unduly drained away; d. When feasible the extent and effects of salt-water intrusion are lessened; e. The timing and flow of fresh water into the estuaries from the watershed shall, as a minimum, not degrade estuarine resource value; f. The needs of the watershed's natural resources and human populations are balanced; g. The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; h. Non-structural rather than structural methods of surface water management should be considered first in any proposed new works; (VI) i. Wetland and estuarine habitat functions are conserved and/or enhanced; and Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com (VI)j. Wetland and estuarine ecosystems will be conserved and/or enhanced using a variety of innovative tools, including landowner incentives, public acquisition, conservation easements, and/or transferable development rights. •The existing Avow property has an environmental resource permit through the South Florida Water Management District (SFWMD) that addresses all the applicable items in Policy 2.1.4. The existing permit will be modified to include the additional parcel to the south. The modified permit will continue to meet SFWMD and Collier County criteria for water management. (IX)OBJECTIVE 2.2: Require all canals, rivers, and flow ways discharging into estuaries to meet all applicable Federal, State, or local water quality standards (IX)Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems shall be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage into wetlands are encouraged. (VI)Policy 2.3.3: All watershed basin modification activities shall include appropriate detention and retention criteria, consistent with the rules and regulations of the South Florida Water Management District, Big Cypress Basin Board and Collier County, as may be applicable. •The existing Avow property has an environmental resource permit through the South Florida Water Management District (SFWMD) that addresses all the applicable items in Policy 2.2.3 & 2.2.3. The existing permit will be modified to include the additional parcel to the south. The modified permit will continue to meet SFWMD and Collier County criteria for water management. (VI)(IX)(XI) Policy 2.3.6: The County shall only allow development activities which will not adversely impact coastal water resources. This shall be implemented through the following mechanisms: a.Require all applicable Federal and State permits addressing water quality to be submitted to the County before commencement of development. b.Excluding single family homes, any project impacting five (5) acres or more of wetlands shall provide a pre and post development water quality analysis to demonstrate no increase in nutrient loading in the post development scenario. (XI)= Plan Amendment by Ordinance No. 2017-20 on June 13, 2017 •The existing Avow property has an environmental resource permit through the South Florida Water Management District (SFWMD) that addresses all the applicable items in Policy 2.3.6. The existing permit will be modified to include the additional parcel to the south. The modified permit will continue to meet SFWMD and Collier County criteria for water management. (IX)OBJECTIVE 2.5: Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com Continue to implement the estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. (IX) GOAL 3: TO PROTECT THE COUNTY’S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL. (I)(VI)(IX) OBJECTIVE 3.1: Meet all applicable Federal and State ground water quality standards and monitor ground water quality to determine whether development activities are contributing to its degradation. • The existing Avow property has a water use permit through the South Florida Water Management District (SFWMD). The modified permit will continue to meet SFWMD and Collier County criteria for groundwater. Water withdrawals and testing are part of the existing water use permit and data is submitted to the SFWMD. (IX)(X) GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. (II)(III)(VI)(IX)(XI) OBJECTIVE 6.1: Protect native vegetative communities through the application of minimum preservation requirements. (The Policies under this Objective apply to all of Collier County except for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay.) (XI) = Plan Amendment by Ordinance No. 2017-20 on June 13, 2017 Coastal High Hazard Area Non-Coastal High Hazard Area Residential and Mixed Use Development Less than 2.5 acres 10% Equal to or greater than 2.5 acres 25% Less than 5 acres.10% Equal to or greater than 5 acres and less than 20 acres. 15% Equal to or greater than 20 ac. 25% Golf Course 35% 35% Commercial and Industrial Development Less than 5 acres. 10% Equal to or greater than 5 acres. 15% Less than 5 acres.10% Equal to or greater than 5 acres. 15% Industrial Development (Rural- Industrial District only) 50%, not to exceed 25% of the project site. 50%, not to exceed 25% of the project site. Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com The following standards and criteria shall apply to the vegetation retention requirements referenced above. (1) For the purpose of this Policy, “native vegetation” is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this Policy are calculated based on the amount of “native vegetation” that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this Policy shall be set aside as preserve areas. On-site and off-site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this Policy. The type of permanent conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors, as set forth in the County’s land development regulations. • All native vegetation to remain will comply with SFWMD requirements. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: (XI) = Plan Amendment by Ordinance No. 2017-20 on June 13, 2017 a. (V) Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7.1.1 and 7.1.2 of this Element. e. Dry Prairie, Pine Flatwoods, and f. All other native habitats. • The proposed development has been carefully planned to minimize any potential impacts to wildlife. See Appendix D, Protected Species Survey. (6) A management plan shall be submitted for preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable), and maintenance of permitted facilities. If applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2)(i). State and federal management plans consistent with the requirements of the LDC will be accepted. Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com • See preserve management plan as part of Davidson Engineering’s plan set. (8) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. • See preserve management plan as part of Davidson Engineering’s plan set. (II)(III)(VI) Policy 6.1.4: [re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] Prohibited invasive exotic vegetation shall be removed from all new developments. (1) Petitioners for site plan or plats shall submit and implement plans for invasive exotic plant removal and long-term control. (2) The petitioners for development permits shall prepare and submit native vegetation maintenance plans, which describe specific techniques to prevent re-invasion of the development site by prohibited exotic vegetation of the site in perpetuity. • See preserve management plan as part of Davidson Engineering’s plan set. (II)(III)(VI)(IX) Policy 6.1.6: [re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] The minimum native vegetation retention requirements of CCME Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses. Existing use shall be defined as: those uses for which all required permits were issued prior to June 19, 2002; or, projects for which a Conditional Use was approved by the County prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 – inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a completed application was submitted prior to June 19, 2002. The continuation of existing uses shall include on-site expansions of those uses if such expansions are consistent with, or clearly ancillary to, the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S (+/- 360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. • See preserve management plan as part of Davidson Engineering’s plan set. (II)(III)(VI) Policy 6.1.8: [re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] An Environmental Impact Statement (EIS), or submittal of appropriate environmental data as specified in the County’s land development regulations, is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. The County’s land development regulations shall establish the criteria for determining the type of proposed development requiring an EIS, including the size and nature of the proposed development, the location of the proposed development in relation to existing environmental characteristics, the degree of site alterations, and other pertinent information. •See this document. (II)(III)(VI)(IX)(XI) OBJECTIVE 6.2: Protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate Policies under Goal 6. (The County’s wetland protection policies and strategies are coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element.) •Any wetland impacts will be permitted according to SFWMD and ACOE criteria. Mitigation will be provided at an offsite wetland mitigation bank. (II)(III)(IX) Policy 6.2.1: Wetlands identified by the current SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. For a proposed project identified on this map series, the exact location of jurisdictional wetland boundaries shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2 of this Element, at the time of Environmental Resource Permitting. (VI)= Plan Amendment by Ordinance No. 2007-16 on January 25, 2007 This policy shall be implemented as follows: (1)Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area, except for wetlands that are part of a Watershed Management Plan preserve area. The County shall direct impacts away from such wetlands. •Any wetland impacts will be permitted according to SFWMD and ACOE criteria. Mitigation will be provided at an offsite wetland mitigation bank. (IX)(2) The County shall require the appropriate jurisdictional permit prior to commencement of development, except in the case of single-family residences, which are not part of an approved development or are not platted, unless the residences are within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element, in which case the appropriate jurisdictional permit is required prior to commencement of development. •Construction won’t commence prior to the applicant receiving an approved modification to the ERP that adds the additional land to the existing permit. (3)Collier County will work with the jurisdictional agencies and applicants to encourage mitigation Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com to occur within targeted areas of the County including, but not limited to: Natural Resource Protection Areas (NRPAs); lands targeted for a acquisition by a public or private conservation entity; wetlands that are part of an approved watershed management plan, as per Objective 2.1 of this Element; and other areas appropriate for mitigation, such as flow ways and areas containing habitat for animal listed species. • Any wetland impacts will be permitted according to SFWMD and ACOE criteria. Mitigation will be provided at an offsite wetland mitigation bank. (IX) GOAL 7: TO PROTECT AND CONSERVE THE COUNTY’S FISHERIES AND WILDLIFE. (II)(III)(VI)(IX) OBJECTIVE 7.1: 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 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, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) • A listed species survey was conducted in October 2017 on the Avow property. While listed species (wading birds) were observed utilizing the pond on the property, the pond is projected to remain, and therefore should not be affected by the new development. While the property falls within black bear habitat (along with all of South Florida), there have been no occurrences of a tagged bear on or within a two -mile radius of the property; there have been no bear mortalities on or within a two-mile radius of the property. There have been multiple bear-related calls within a two-mile radius, the nature of which includes bear sightings, bear in trash, property damage, sick/injured bear, etc., though none on the property itself. See attached Protected Species Survey and black bear information (Appendix D). Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com APPENDIX A COLLIER COUNTY ZONING MAP 9618N SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 49S RNG 26E SEC(S) 18 NO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION PUD PU- PU- PUD PUD 1,16,22 3 4b c/j SUTHERLAND CENTER DUDLEY DRIVELAWSON WAYGOOD EARTH DRIVEWHIPPOORWILL LANEPINE RIDGE ROAD C.R. 896 I - 75 R.O.W. 1 1 1 1 820 860 384 198 260100PARCEL 18 ANON-STSTPARCEL 18B 450260 470 3651200770SEAGATE BAPTIST CHURCH OF CHRIST 1 2 3 4 5 TRACT 1 TRACT 2 TRACT B STNON-STSTNON-STPUD6,15,23,33,34 CENTER PINE RIDGE CENTER CFPUD 30 17 18 18 A- 5,10,12 CU 11 RSF-5(0.4)113, P14, FIRESTATION 2 RPUD 32 WHIPPOORWILL LAKES PINE VIEWCPUD 18,28 ARLINGTONPUD19 PUDBRYNWOOD PRESERVE 20 THE RESERVE AT NAPLES 2 2 2 2 BALDRIDGE PUD 25,29 TRACT B TRACT A BRYNWOOD PRESERVE LANE BRYNWOOD WAY BRYNWOOD WAY TRACT C TRACT C TRACT C67 66 65 6364 62 6061 59 35 3334 TRACT D 32 28293031 36 37 3938 40 4123 5 6 7 8 9 BRYNWOOD WAY5758 56 5455 53 505152 68 69 70 71 72 73 74 TRACT C2627 232425 22 4241 43 4544 46 21 20 494847 75 76 77 78 19 79 80 81 82 10 11 12 1413 15 1716 18 83 84 85 CONSERVATIONAREA P-1 (D.E.)ST/W-4 26 RIDGE PINE WEST V 27 V 27 W-3 TRACT B KRAFT ROADTRACT P-2TRACT P-3 P-4 TRACT TRACT P-1TRACT TRACT E TRACT C TRACT D TRACT TRACT A TRACTA 3 33 3 F 6 SERRANO CIRCLE 123 29 132 129 130 13128 27 26 TRACT P-1 128 24 25 22 23 20 21 19 18 127 125 126 16 124 17 15 TRACT111 110 109 TRACT 106105 104 107 108 7 116 115 114 113 112 119122120 121 14 13 12 11 118 910 117 8 6 5 2 1 3 4 LAKES L-1 4 4 4 4 B AVOW HOSPICE BRYNWOOD CENTERCPUD31 26494342340 320 LIVINGSTON ROADHAMILTON PLACE $NO. NAME P.B. Pg. 1 NAPLES PLAZA PLANNED UNIT DEVELOPMENT 14 44-452 BRYNWOOD PRESERVE 38 54-573 3500 CORPORATE PLAZA 44 23-244 ANDALUCIA 43 93-975678910 9618N 9618S GGE25GGE01 ZONING NOTES1 3-24-87 R-86-22C 87-92 4-13-82 PU-82-5C 82-433 7-13-82 PU-82-12C 82-824 7-27-82 PU-82-15C 82-100 (EXP 7-27-83)5 9-25-84 PU-83-13C 84-656 11-8-88 R-88-11C 88-877 4-30-91 R-90-35 91-358 4-30-91 PU-90-27 91-3589 DELETED10 3-17-94 PDI-94-1 94-811 12-12-95 CU-95-17 95-69312 10-8-96 PUD-84-18(2) 96-6113 12-17-96 R-96-13 96-8514 3-10-98 R-97-10 98-1815 4-28-98 PUD-88-11(1) 98-3216 4-28-98 PUD-86-22(1) 98-3117 3-14-00 PUD-98-20 00-1618 6-27-00 PUD-99-27 00-4519 10-24-00 PUD-00-12 00-6720 11-14-00 PUD-99-20 00-7321 DELETED22 2-27-01 PUD-86-22(2) 01-0823 2-27-01 PUD-88-11(2) 01-0924 DELETED25 11-5-02 PUDZ-01-AR-798 02-5526 9-25-12 LDC ORD. 12-3827 12-14-04 VA-04-AR-6140 04-37928 1-23-07 PUDA-05-AR-7818 07-0629 3-27-07 SE-07-AR-11284 07-3330 6-23-09 PUDZ-08-AR-12804 09-3731 9-25-12 PUDZ-PL-11-406 12-3732 1-24-17 PUDZ-PL-16-1255 17-0233 11-10-15 PUDA-PL-15-249 15-5834 6-14-16 PUDA-PL-16-132 16-17NO. NAME P.B. Pg. 11121314151617181920 DEVELOPMENT STANDARDS MODIFICATIONS 12-17-96 R-96-13 96-8519513N23-10-98 R-97-10 98-18INDICATES SPECIAL TREATMENT OVERLAY THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE OFFICIAL ZONING ATLAS REFERRED TO AND ADOPTED BY REFERENCE BY ORDINANCE NO. 04-41 OF THE COUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004, AS AMENDED BY THE ZONING NOTES AND SUBDIVISION INDEX REFERENCED HEREON. 0 400 SCALE 8-18-17 Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com APPENDIX B PUD MASTER PLAN 10.0'EX. U.E. (15'X30')O.R 1709, PG. 183030' R.O.W.30' R.O.W.10'EASEMENT47'15'45'MODIFIED DRYDETENTIONEXISTING LAKEWHIPPOORWILL LANEPROPOSEDPRESERVE±0.35 ACEXISTING BUILDING25'PRINCIPALSETBACKFUTUREDEVELOPMENTAREATYPE "B" BUFFER REQUIRED ON THE SOUTHERN PROPERTYBOUNDARY IS INTEGRATED WITHIN THE REQUIRED PRESERVETYPE "A" BUFFER REQUIRED ON THE WESTERN PROPERTYBOUNDARY IS INTEGRATED WITHIN THE REQUIRED PRESERVEADDITIONAL PLANTING PLAN PROVIDED FORCOLLIER COUNTY'S REVISED PRESERVEREQUIREMENT FOR THE SUBJECT PROPERTY10' ACCESSORY PRESERVE SETBACK15'PRINCIPALSETBACKFUTUREDEVELOPMENTAREAEXISTING DRYDETENTIONMODIFIED DRY DETENTIONPROPOSED BULKHEADPROPOSED DRY DETENTIONEXISTING RETAINING WALLPROPOSED TYPE "B" 15' LANDSCAPE BUFFER15' PRINCIPAL SETBACK25' PRINCIPAL PRESERVE SETBACKEX. TYPE "A" 10'LANDSCAPEBUFFEREX. TYPE "A" 10'LANDSCAPE BUFFERPROPOSEDTYPE "D" 15'LANDSCAPEBUFFEREXISTING BUILDINGEXISTING BUILDINGEXISTING BUILDINGEXISTING BUILDINGPROPOSED TIMBER HANDRAILMASTER CONCEPT PLAN1Z:\Active Projects\H\Hospice of Naples\DWG\PUD MP Master Plan\Hospice of Naples-plt (8-14-08).dwg 11/24/2008 8:54:51 AM EST N100'50'25'0'SCALE: 1" = 50'LAND USE SUMMARYLAKEWATER MANAGEMENTTOTAL SITE AREA20.55 ACRES±1.24 ACRES±8.25 ACRES40.1%6.0%100%USEACRES% OF SITE7.2%±1.47 ACRESLANDSCAPE BUFFERSPRESERVE±0.35 ACRES1.7%ZONED: CPUD (PINE VIEW)LAND USE: COMMERCIALZONED: PUD (PINERIDGE CENTER WEST)LAND USE: COMMERCIALZONED: PUD (BRYNWOOD PRESERVE)LAND USE: PRESERVEZONED: PUD (PINERIDGE CENTER EAST)LAND USE: COMMERCIALZONED: PUD (ARLINGTON LAKES)LAND USE: SINGLE FAMILY RESIDENTIAL2.4%±0.50 ACRES1GENERAL NOTES2SUPPLEMENTAL PLANTING PLAN FOR INDIGENOUS VEGETATION”212224365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 AVOW HOSPICE, INC. 1095 WHIPPOORWILL LANE NAPLES, FL 34105 (239)430-3476 AVOW HOSPICE CFPUD 1DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO.: KLW KLW 17-0075SHEET NO:OFSHEET TITLE: PROJECT: DATE:REV.DESCRIPTION REVISIONSCLIENT:WHIPPOORWILL 30' R.O.W.¹ZONED: PUD (WHIPPOORWILL LAKES)LAND USE: MULTI-FAMILY RESIDENTIAL3333DEVIATIONS3BUILDING HEIGHTMAXIMUM HEIGHT*PRINCIPAL USESACCESSORY USESZONED: 35 FEETACTUAL: 47 FEETZONED: 35 FEETACTUAL: 47 FEET3*WHERE UNDER BUILDING PARKING IS PLANNED, AN ADDITIONAL TEN (10) FEET INHEIGHT MAY BE PERMITTED.42.6%±8.74 ACRESDEVELOPMENT AREA¹PER O.R. BOOK 3308, PAGES 3183-3186 Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com APPENDIX C STAFF QUALIFICATIONS 239.304.0030 | www.eteflorida.com E a r t h Tech Environmental, LLC www.eteflorida.com Relevant Experience Jeremy has been an environmental consultant in Southwest Florida since 1994 and has worked on projects throughout Collier, Lee, Hendry, DeSoto, Glades, and Charlotte counties. His varied experience spans marine, upland, and estuarine habitats and includes extensive work with a wide variety of listed species. In addition to authoring dozens of habitat and species management plans, in 2007, Jeremy co- authored the first habitat conservation plan (HCP) in the nation to address incidental take issues for both red cockaded woodpeckers (RCW) and Florida panther on the same property. In 1998, he wrote an ecological assessment computer model for the South Florida Water Management District as part of the South Lee County Watershed Study. Early in his career, Jeremy was the principal investigator of a field research project in the Bahamas that utilized telemetry tracking to study the swimming speed of sub-adult lemon sharks. Jeremy’s environmental consulting experience includes: Protected Species Surveys Environmental Resource Permitting (ERP) Listed Species Management Plans Turbidity Monitoring Vegetation & Habitat Mapping Wetland & Water Level Monitoring USFWS Section 7 & Section 10 Permitting Environmental Impact Statements (EIS) Water Use Monitoring & Compliance Project Management Preserve Management Plans GIS / GPS Mapping & Exhibits Post Permit Compliance Phase 1 Environmental Site Assessments Environmental Land Use Planning Phase II Environmental Site Assessments Native Vegetation Restoration Plans Lake Management Plans Incidental Take Permitting Due Diligence Reports Site and Aerial Photography Wetland Jurisdictional Determinations USFWS Bald Eagle Monitor Bonneted Bat Surveys Gopher Tortoise Surveys, Permitting, & Relocations Mangrove Assessments & Restorations Scrub Jay Surveys Hard Bottom & Soft Bottom Benthic Surveys Burrowing Owl Surveys Artificial Reef Deployments Shorebird Surveys Seagrass Surveys Certifications/Credentials Certified Environmental Professional #1692037, Academy of Board Certified Environmental Professionals Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent – Permit No. GTA-09-00192 Florida Association of Environmental Professionals – member since January 1995; served on the Board of Directors for the Southwest Florida Chapter from (2008 – 2012). Past Secretary, Vice President, & President. State of Florida Real Estate License (2003 to Present) Appointed by the Collier County Board of County Commissioners to: Conservation Collier Land Acquisition Advisory Committee, Chairman of the Lands Evaluation and Management Subcommittee. (2009 to 2014). Collier County Development Services Advisory Committee (DSAC) (2015 to Present). FWC Local Rule Review Committee (Manatee Protection Speed Zones) (2016 to Present). Publications Sundström, L.F., J. Sterk, & S.H. Gruber. 1998. Effects of a speed-sensing transmitter on the swimming speed of lemon sharks. Bahamas J. Sci. 6 (1): 12-22. JEREMY STERK, C.E.P. Partner \ Senior Ecologist j.sterk@eteflorida.com 239.595.4929 Years Experience 22 years Education/Training B.S. Aquatic Biology (1994), St. Cloud State University Professional Affiliations Academy of Board Certified Environmental Professionals #16992037 Florida Association of Environmental Professionals 239.304.0030 | www.eteflorida.com E a r t h Tech Environmental, LLC www.eteflorida.com Relevant Experience Ms. Bobka joined Earth Tech Environmental LLC in 2016 as an Ecologist with more than 7 years of private and public sector experience in the environmental field. Her experience includes projects throughout Collier, Lee and Gallatin counties. Her varied experience spans coastal marine, shoreline and estuarine habitats, to upland forests and alpine environments. She has worked with a wide variety of native and invasive plant and wildlife species. She is also an experienced Naturalist and Environmental Educator. As an Ecologist, Jennifer fulfills duties in environmental consulting, wetland & wildlife monitoring, species surveys, invasive species removal, report writing, GIS mapping, and ERP permitting. Jennifer’s work experience in many fields of ecology includes: Phase I Environmental Site Assessment Wetland Delineation Protected Species Surveys Listed Species Research & Monitoring Turbidity Monitoring Vegetation & Habitat Mapping Bald Eagle Monitoring Gopher Tortoise Surveys and Relocation GIS Mapping Environmental Resource Permitting (ERP) Invasive & Exotic Species Removal Natural Resource Management Trail Maintenance Mechanical & Manual Forest Fuel Reduction Ecological Restoration Environmental Education Relevant Certifications/Credentials Certified Interpretive Guide Python Responder/Patrol Training USFS Sawyer SCUBA Open Water Diver JENNIFER BOBKA Ecologist jenniferb@eteflorida.com 239.304.0030 Years’ Experience 7 years Education/Training Naturalist II & Environmental Educator (2012-2016) Manatee Research Intern Florida Conservation Commission (2013) AmeriCorps Field Crew Leader Montana Conservation Corps (2010) B.A. Environmental Studies Montana State University (2009) Marine Biology & Coastal Ecology Study Abroad Costa Rica (2007) Professional Affiliations Florida Association of Environmental Professionals League of Environmental Educators of Florida Florida Master Naturalist Program Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com APPENDIX D PROTECTED SPECIES SURVEY AVOW HOSPICE Protected Species Survey NAPLES, FLORIDA APPROXIMATELY 20.55 ACRES Prepared For: Prepared By: November 27, 2017 Collier County Engineering & Natural Resources Department 2800 North Horseshoe Drive Naples, FL 34104 South Florida Water Management District (SFWMD) Lower West Coast Service Center 2301 McGregor Boulevard Fort Myers, FL 33901 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com Ea r t h Tech Environmental, LLC Protected Species Survey Earth Tech Environmental, LLC 10600 Jolea Ave. Bonita Springs, FL 34135 www.eteflorida.com TABLE OF CONTENTS INTRODUCTION ......................................................................................................................................................................................... 3 LOCATION ....................................................................................................................................................................................................... 3 SPECIES SURVEY MATERIALS & METHODS .............................................................................................................................. 3 EXISTING SITE CONDITIONS ............................................................................................................................................................. 4 RESULTS/DISCUSSION ............................................................................................................................................................................. 8 REFERENCES .................................................................................................................................................................................................. 11 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial with FLUCCS Mapping Figure 3 FLUCCS Mapping Figure 4 Transect Map & Field Results Protected Species Survey Earth Tech Environmental, LLC 10600 Jolea Ave. Bonita Springs, FL 34135 www.eteflorida.com INTRODUCTION The purpose of this report is to provide a search for listed species on the 20.55 acre Avow Hospice property (herein referred to as “Subject Property”). Avow Hospice was issued a General Permit through South Florida Water Management District (SFWMD) on January 12, 2010 (Permit No. 11- 03108-W). The primary focus of this survey was an additional parcel being added to the Avow campus. LOCATION The Subject Property is located in Section 18 Township 49 South, Range 26 East, in Collier County, Florida. Specifically, the property is south of Pine Ridge Road, east of Livingston Road, and immediately west of Whippoorwill Lane. The entire parcel is approximately 20.55 acres. The parcel being added to Avow is located immediately south of the existing campus. See Figure 1 below for a location map. Figure 1. Site Location Map SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication “Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida.” This methodology is as follows: Existing vegetation communities or land-uses on the subject site are delineated on a recent aerial photograph (Collier County 2017) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in (Figures 2 & 3). The resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications: Protected Species Survey Earth Tech Environmental, LLC 10600 Jolea Ave. Bonita Springs, FL 34135 www.eteflorida.com v A list of animals and birds was obtained from the FWC publication “Florida’s Endangered Species, Threatened Species & Species of Special Concern-Official Lists”, May 2017. v A list of protected plant species was obtained from the publication “Notes on Florida’s Endangered and Threatened Plants”, Florida Department of Agriculture and Consumer Services, 2010. The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See Table 1 of this report for the species list that applies to this property. In the field, each FLUCCS community is searched for listed species or signs of listed species. This is accomplished using a series of transects throughout each vegetation community. If necessary, transect integrity is maintained using a handheld GPS in track mode. Signs or sightings of all listed and non-listed species are then recorded. Listed species locations are typically flagged and marked by GPS. Based on the habitat types found on this parcel of land, particular attention was paid to the presence or absence of wading birds and listed plants. EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were in the mid 80’s with mostly cloudy skies. Approximately three (3) man-hours were logged on the property during this species survey. Table 3 details the date and time spent in the field. The subject property consists of the Avow Hospice facilities and parking areas; a large pond, bordered by a thin stretch of exotic vegetation (melaleuca and earleaf acacia). There are two (2) houses and three (3) small structures (storage sheds) in the southeast corner, with a circular drive access off Whippoorwill Lane. The southwest corner of the property is undeveloped and partially vegetated. The Subject Property has the following surrounding land uses: West Residential North Commercial South Residential East Residential Listed below are the FLUCCS communities identified on the site. The following community descriptions correspond to the mappings on the FLUCCS map below. See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. FLUCCS 110, Single Family Residential, 1.75 Acres This developed area contains little vegetation and is located in the southeastern portion of the Subject Property. It contains two (2) houses, and three (3) additional small structures (storage sheds). FLUCCS 174, Medical & Health Care, 8.94 Acres This area contains the existing Avow Hospice campus and its affiliated buildings, landscaping, and parking lots. It makes up the bulk of the property to the north and east of the pond. Protected Species Survey Earth Tech Environmental, LLC 10600 Jolea Ave. Bonita Springs, FL 34135 www.eteflorida.com FLUCCS 500, Borrow Pond, 7.98 Acres A large pond makes up the center of the property. It is bordered by melaleuca, earleaf acacia and scattered Brazilian pepper along the southern edge. FLUCCS 625-E3, Hydric Pine Flatwoods (51-75% Exotics), 0.33 Acres This community is found in the southwest property corner. It is characterized by a sparse to moderate canopy of slash pine and bald cypress. The mid-story consists of slash pine and to a lesser degree, bald cypress, scattered cabbage palm and myrsine. Ground cover consists of saltbush, shrubby false buttonweed, Carolina willow, swamp fern, and wax myrtle. Exotic species such as melaleuca, seaside mahoe and earleaf acacia are abundant. FLUCCS 641, Freshwater Marsh, 0.30 Acres This community exists along the western property boundary, bordering a portion of the pond. It is a created preserve which consists of few remaining planted species of red maple and wax myrtle. FLUCCS 740, Disturbed Lands, 0.97 Acres Disturbed lands are those which have been changed primarily due to human activity. On the site, these areas consist primarily of cleared and grassy areas, and occur just south of the pond. They appear to have been mowed and maintained in conjunction with the residential homes on the property. FLUCCS 740H, Hydric Disturbed Lands, 0.16 Acres Hydric disturbed lands exhibit signs of hydrology such as standing water. This area exists as a thin stretch of relatively barren land in the southwest property corner, immediately west of the pond. FLUCCS 814, Roads and Highways, 0.12 Acres This area consists of a small stretch in the southeastern-most property corner, along Whippoorwill Lane. The following table is summary of FLUCCS communities and corresponding acreages: FLUCCS CODE DESCRIPTION ACREAGE 110 Single Family Residential 1.75 174 Medical & Health Care 8.94 500 Borrow Pond 7.98 625-E3 Hydric Pine Flatwoods (51-75% Exotics) 0.33 641 Freshwater Marsh 0.30 740 Disturbed Lands 0.97 740H Hydric Disturbed Lands 0.16 814 Roads and Highways 0.12 Total 20.55 A FLUCCS map can be found below in Figures 2 & 3. Protected Species Survey Earth Tech Environmental, LLC 10600 Jolea Ave. Bonita Springs, FL 34135 www.eteflorida.com Figure 2. Aerial with FLUCCS Mapping. Protected Species Survey Earth Tech Environmental, LLC 10600 Jolea Ave. Bonita Springs, FL 34135 www.eteflorida.com Figure 3. FLUCCS Mapping The various protected species which may occur in the corresponding FLUCCS communities are shown below in Table 1. Table 1. Protected Species List According to FLUCCS Category FLUCCS Potential Listed Species Scientific Name Designated Status FWC or FDA FWS 110 NONE - - - 174 NONE - - - 500 American Alligator Alligator mississippiensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T - Little Blue Heron Egretta caerulea T - Reddish Egret Egretta rufescens T - Roseate Spoonbill Ajaia ajaja T - Tricolored Heron Egretta tricolor T - 625 American Alligator Alligator mississippiensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T - Florida Panther Felis concolor coryi E E Little Blue Heron Egretta caerulea T - Tricolored Heron Egretta tricolor T - Wood Stork Mycteria americana T T 641 American Alligator Alligator mississippiensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T - Florida Sandhill Crane Grus canadensis pratensis T - Little Blue Heron Egretta caerulea T - Protected Species Survey Earth Tech Environmental, LLC 10600 Jolea Ave. Bonita Springs, FL 34135 www.eteflorida.com Reddish Egret Egretta rufescens T - Snail Kite Rorstrhamus sociabilis E E Tricolored Heron Egretta tricolor T - Wood Stork Mycteria americana T T 740 Burrowing Owl Speotyto cunicularia T - Gopher Tortoise Gopherus polyphemus T - 814 NONE - - - Abbreviations: Agencies FWC=Florida Fish and Wildlife Conservation Commission FDA=Florida Department of Agriculture and Consumer Services FWS=United States Fish and Wildlife Service Status E=Endangered T=Threatened T(S/A)=Threatened/Similarity of Appearance SSC=Species of Special Concern C=Commercially Exploited RESULTS/DISCUSSION All animal species observed on the subject property are detailed in Table 2. Within Table 2, any protected species observed are specifically noted. Below are discussions of each listed species observed on the property: Tricolored Heron (Egretta tricolor) One tricolored heron was observed flying from the cattails at the southwestern edge of the pond. Wild Pine (Tillandsia fasciculata) Common wild pine were observed in pine trees within the property. These may be relocated to the proposed preserve on the property prior to development of the parcel. Wood Stork (Mycteria americana) One wood stork was observed flying overhead. See Figure 4 below for transect and field results. Protected Species Survey Earth Tech Environmental, LLC 10600 Jolea Ave. Bonita Springs, FL 34135 www.eteflorida.com Figure 4. Transect Map & Field Results Table 2. Birds, Mammals, Amphibians, Reptiles, & Plants Observed on the Subject Property Birds Common Name Scientific Name Observations Listed? (Y/N) Status Double-Crested Cormorant Phalacrocorax auritus DV N - Great Egret Ardea alba DV N - Mockingbird Cyanocitta cristata HV N - Red-Headed Woodpecker Melanerpes erythrocephalus DV N - Snowy Egret Egretta thula DV N - Tricolored Heron* Egretta tricolor DV Y ST White Ibis Eudocimus albus DV N - Wood Stork* Mycteria americana DV Y FT Mammals Common Name Scientific Name Observations Listed? (Y/N) Status Nine-Banded Armadillo Dasypus novemcinctus OH N - Reptiles Common Name Scientific Name Observations Listed? (Y/N) Status Brown Anole Anolis sagrei DV N - Cottonmouth Agkistrodon piscivorus DV N - Protected Species Survey Earth Tech Environmental, LLC 10600 Jolea Ave. Bonita Springs, FL 34135 www.eteflorida.com Amphibians Common Name Scientific Name Observations Listed? (Y/N) Status None - - - - Plants Common Name Scientific Name Observations Listed? (Y/N) Status Wild Pine* Tillandsia fasciulata DV N CE * = protected species Abbreviations: Observations DV=Direct Visual HV=Heard Vocalization OT=Observed Tracks OH=Observed Hole\Burrow MT=Marked Tree C=Cavity DB=Day Bed N=Nest Status E=Endangered FT=Federally Threatened ST=State Threatened T(S/A)=Threatened/Similarity of Appearance SSC=Species of Special Concern CE=Commercially Exploited Table 3. Field Time Spent on the Subject Property Date Start Time End Time No. Ecologists Man Hours Task October 17, 2017 10:00 pm 11:30 pm 2 1.5 Species Survey Fieldwork Total 3.0 Protected Species Survey Earth Tech Environmental, LLC 10600 Jolea Ave. Bonita Springs, FL 34135 www.eteflorida.com REFERENCES Ashton, Ray E. and Patricia S. “The Natural History and Management for the Gopher Tortoise.” Krieger Publishing Company. Malabar, Florida. 2008. Collier County Property Appraiser. http://www.collierappraiser.com/ Cox, James; Inkley, Douglas; and Kautz, Randy. “Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-Scale Development in Florida.” Nongame Wildlife Program Technical Report No. 4. December 1987. http://www.fwspubs.org/doi/suppl/10.3996/062015-JFWM-055/suppl_file/062015-jfwm- 055.s2.pdf?code=ufws-site “Florida’s Endangered and Threatened Species”- Official List. Florida Fish and Wildlife Conservation Commission. Updated May 2017. http://myfwc.com/media/1515251/threatened-endangered-species.pdf http://myfwc.com/imperiledspecies/ Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanual1999.pdf http://www.fdot.gov/geospatial/doc_pubs.shtm Species Profiles. 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LEE COLLIER HENDRY . SUBJECT PROPERTY Subject Property 2 Mile Radius !Black Bear Telemetry Data (Through 6/2014) FWC Classified Black Bear Range G:\ETEnv Documents\PROJECTS\COLLIER\AVOW Hospice\GIS\Black Bear Telemetry Map.mxd / 10:17:13 AM04/04/18 Avow Hospice Collier County, Florida AS SHOWNN/A BLACK BEAR MORTALITY MAP SHEET NO. DATE PROJECT NO. SCALE E A R T H T E C H E N V I R O N M E N TA L , L L C E A R T H T E C H E N V I R O N M E N TA L , L L C 1 0 6 0 0 J O L E A AV E N U E 1 0 6 0 0 J O L E A AV E N U E B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 w w w . e t e f l o r i d a . c o m w w w . e t e f l o r i d a . c o mI 75GOODLETTE FRANKGOLDEN GATE P K W YGOLDEN GATE PKWYGOODLETTE FRANKAIRPORT PULLINGVANDERBILT BEACH PINE RIDGE RD LEE COLLIER HENDRY . SUBJECT PROPERTY Subject Property 2 Mile Radius Black Bear Mortality Locations FWC Classified Black Bear Range G:\ETEnv Documents\PROJECTS\COLLIER\AVOW Hospice\GIS\Black Bear Mortality Map.mxd / 3:25:06 PM04/04/18 Avow Hospice Collier County, Florida AS SHOWNN/A BLACK BEAR RELATED CALLS MAP SHEET NO. DATE PROJECT NO. SCALE E A R T H T E C H E N V I R O N M E N TA L , L L C E A R T H T E C H E N V I R O N M E N TA L , L L C 1 0 6 0 0 J O L E A AV E N U E 1 0 6 0 0 J O L E A AV E N U E B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 w w w . e t e f l o r i d a . c o m w w w . e t e f l o r i d a . c o mI 75GOODLETTE FRANKGOLDEN GATE P K W YGOLDEN GATE PKWYGOODLETTE FRANKAIRPORT PULLINGVANDERBILT BEACH PINE RIDGE RD LEE COLLIER HENDRY . SUBJECT PROPERTY Subject Property 2 Mile Radius Black Bear Related Calls 2013-2016 FWC Classified Black Bear Range G:\ETEnv Documents\PROJECTS\COLLIER\AVOW Hospice\GIS\Black Bear Related Calls Map.mxd / 3:24:40 PM04/04/18 Environmental Data Earth Tech Environmental, LLC 10600 Jolea Avenue, Bonita Springs, FL 34135 www.eteflorida.com APPENDIX E PHASE I ENVIRONMENTAL SITE ASSESSMENT 1301 Whippoorwill Lane Phase I Environmental Site Assessment (ESA) SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Avow, Inc., Avow Foundation, Inc., and Avow Real Estate Inc. June 22, 2017 Prepared By: Earth Tech Environmental, LLC 1455 Rail Head Boulevard, Suite 8 Naples, FL 34110 239.304.0030 www.eteflorida.com Ea r t h Tech Environmental, LLC PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com June 22, 2017 Jaysen Roa Avow, Inc., Avow Foundation, & Avow Real Estate, Inc. 1095 Whippoorwill Lane Naples, FL 34105 RE: 1301 Whippoorwill Lane Earth Tech Environmental is pleased to submit this Phase I Environmental Site Assessment (ESA) report for the referenced property. As requested, the report investigates land use history, site activities, and regulatory history of the property and its vicinity. This Phase I ESA was conducted in material compliance with the scope and limitations of the American Society of Testing and Materials (ASTM) E1527-13. Please feel free to contact us if you have any questions. Jeremy Sterk, C.E.P. #16992037 Earth Tech Environmental, LLC. Jennifer Bobka, Ecologist Earth Tech Environmental, LLC. PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com TABLE OF CONTENTS EXECUTIVE SUMMARY ..................................................................................................................................................................................... 5 1.0 INTRODUCTION ..................................................................................................................................................................................... 6 1.1 Purpose ........................................................................................................................................................................................................ 7 1.2 Detailed Scope of Services ............................................................................................................................................................... 8 1.3 Significant Assumptions ...................................................................................................................................................................... 8 1.4 Limitations and Exceptions ............................................................................................................................................................... 8 1.5 Special Terms and Conditions ........................................................................................................................................................ 9 1.6 User Reliance ........................................................................................................................................................................................... 9 2.0 SITE DESCRIPTION .................................................................................................................................................................................. 9 2.1 Location and Legal Description ....................................................................................................................................................... 9 2.2 Site and Vicinity General Characteristics ............................................................................................................................... 10 2.3 Current Use of the Property ....................................................................................................................................................... 10 2.4 Descriptions of Structures, Roads, and Other Improvements on the Site ........................................................ 10 2.5 Current Uses of the Adjoining Properties ............................................................................................................................ 11 3.0 USER-PROVIDED INFORMATION ............................................................................................................................................. 11 3.1 Title Records ......................................................................................................................................................................................... 11 3.2 Environmental Liens or Activity and Use Limitations .................................................................................................... 11 3.3 Specialized Knowledge ..................................................................................................................................................................... 11 3.4 Commonly Known or Reasonably Ascertainable Information ................................................................................. 11 3.5 Valuation Reduction for Environmental Issues ................................................................................................................... 11 3.6 Owner, Property Manager, and Occupant Information ............................................................................................... 11 3.7 Reason for Performing Phase I .................................................................................................................................................... 11 3.8 Other ......................................................................................................................................................................................................... 11 4.0 RECORDS REVIEW ............................................................................................................................................................................... 12 4.1 Standard Environmental Record Sources ............................................................................................................................. 12 4.2 Federal Environmental Record Sources ................................................................................................................................. 12 4.3 State Environmental Record Sources ...................................................................................................................................... 13 4.4 Additional Environmental Record Sources ............................................................................................................................ 15 4.5 Physical Setting Source(s) ............................................................................................................................................................... 15 4.6 Historical Use Information on the Property ........................................................................................................................ 17 4.7 Historical Use Information on Adjoining Properties ....................................................................................................... 17 4.8 Previous Reports Prepared by Earth Tech Environmental or Others ................................................................. 18 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com 5.0 SITE RECONNAISSANCE ................................................................................................................................................................. 18 5.1 Methodology and Limiting Conditions ................................................................................................................................... 18 5.2 General Site Setting ........................................................................................................................................................................... 18 5.3 Exterior (Site) Observations ........................................................................................................................................................ 18 6.0 INTERVIEWS .............................................................................................................................................................................................. 19 6.1 Interviews with Site Contacts ...................................................................................................................................................... 19 6.2 Interviews with Local Government Officials ....................................................................................................................... 20 7.0 FINDINGS .................................................................................................................................................................................................... 20 8.0 OPINION ..................................................................................................................................................................................................... 20 9.0 DEVIATIONS/DATA GAPS .............................................................................................................................................................. 20 10.0 ADDITIONAL SERVICES .................................................................................................................................................................. 20 11.0 CONCLUSIONS ................................................................................................................................................................................... 21 12.0 ENVIRONMENTAL PROFESSIONAL STATEMENT ....................................................................................................... 22 13.0 REFERENCES ............................................................................................................................................................................................ 23 APPENDICES Appendix A: User/Owner Questionnaire & Record of Communication Appendix B: EDM Site Data Report Appendix C: EDM Historic Aerial Photographs Report Appendix D: Site Photographs Appendix E: Qualifications of Professional Staff Appendix F: Regulatory Agency Records PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com EXECUTIVE SUMMARY Earth Tech Environmental (ETE) has conducted a Phase I Environmental Site Assessment (ESA) of the AVOW Hospice Property (Subject Property) located in Naples, Collier County, Florida. This report is in conformance with the scope and limitations of The American Society for Testing and Materials (ASTM) Practice E1527-13 for Phase I ESAs. Any exceptions to these practices are described in Section 9.0 of this report. The Subject Property for this report consists of one single parcel (Parcel ID # 00286520003) and is located in Collier County, south of Pine Ridge Road, east of Livingston Road, and immediately west of Whippoorwill Lane (Figures 1 & 2). The Subject Property totals approximately 4.93 acres and currently contains two single family homes, cleared land, and a portion of a pond. Environmental Data Management, Inc. (EDM) under a subcontract to Earth Tech Environmental, performed a comprehensive review of environmental databases for facilities/reports that are either on the Subject Property or within specified radii of the Subject Property. This assessment has revealed no suspected Recognized Environmental Conditions (RECs) associated with the Subject Property and recommends no further action. 5 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com 1.0 INTRODUCTION Earth Tech Environmental has conducted a Phase I Environmental Site Assessment (ESA) of the 1301 Whippoorwill Lane Parcel (Subject Property) located in Collier County (Figure 1). According to the Collier County property appraiser, the property is currently owned by Donald and Mary Martin. Figure 1. Location Map 6 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com Figure 2. Subject Property & Vicinity 1.1 Purpose The Phase I ESA was requested by Jaysen Roa of Avow, Inc., a prospective purchaser of the property. Based on the information provided, ETE understands that the purpose for having this Phase I ESA performed is to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) liability. The scope of services presented below is intended to satisfy this purpose. The objective of this Phase I ESA is to identify Recognized Environmental Conditions (RECs) in connection with the property. The term “REC” as defined by ASTM is “the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or the material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws.” 7 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com This Phase I ESA includes information gathered from federal, state, and local agencies; personal interviews with people familiar with the Subject Property and surrounding properties; and a site visit conducted by Earth Tech Environmental. 1.2 Detailed Scope of Services The Phase I ESA conducted by ETE included, but was not limited to, the following services: • conducting an onsite assessment of the Subject Property to collect data and observe environmental conditions related to the property/surrounding properties • drive-by observations of adjacent properties and the site vicinity • review of regulatory databases and agency file information • interviews with people familiar with the Subject Property, as available • review of available historical documents • preparation of this written report presenting the Phase I ESA findings including a summary of conclusions and recommendations 1.3 Significant Assumptions ETE made the following assumptions in reaching the findings and conclusions outlined in this Phase 1 ESA: • regulatory agency information - ETE considers all information provided by EDM and regulatory agencies to be complete, accurate, and current • other regulatory information - ETE considers all other information obtained from regulatory or enforcement agencies to be complete, accurate, and current • interviews - ETE assumes all information obtained through interviews to be complete, unbiased and provided in good faith • other – none 1.4 Limitations and Exceptions This report is expressly for the sole and exclusive use of the party for whom this report was originally prepared for a particular purpose. Only the party for whom this report was originally prepared and/or other specifically named parties have the right to make use of and rely upon this report. Reuse of this report or any portion thereof for other than its intended purpose, or if modified, or if used by third parties, shall be at the user’s sole risk. An environmental site assessment is intended for the purpose of determining the potential for contamination through limited research and investigative activities and in no way represents a conclusive or complete site characterization. Earth Tech Environmental, therefore, does not provide any guarantees, certifications, or warranties that a property is free from environmental contamination. Nothing contained in this document shall relieve any other party of its responsibility to abide by contract documents and applicable laws, codes, regulations, or standards. The methodologies include reviewing information provided by other sources. Earth Tech Environmental treats information obtained from record reviews and interviews concerning the property as reliable. The ASTM protocol does not require Earth Tech Environmental to independently verify the information. Therefore, Earth Tech Environmental cannot and does not warrant or guarantee that the information provided by these other sources is accurate or complete. Earth Tech Environmental warrants that the findings contained in this report have been prepared in general conformance with accepted professional practices at the time of report preparation as applied by similar professionals. Future changes in standards, practices, or regulations cannot be anticipated and have not been addressed. The observations and recommendations presented in this report are time dependent and the 8 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com findings presented in this report apply solely to site conditions existing at the time when the assessment was performed. 1.5 Special Terms and Conditions The scope of work for this Phase I ESA did not include testing of electrical equipment for the potential presence of polychlorinated biphenyls (PCBs) or the assessment of natural hazards such as naturally occurring asbestos or methane gas, or assessment of non-chemical hazards such as the potential for damage from hurricanes or floods. 1.6 User Reliance This Phase I ESA was conducted for the use of and reliance by and is certified to the following parties: Avow, Inc., Avow Foundation, & Avow Real Estate, Inc. No warranties, either expressed or implied, are made in the preparation or dissemination of this document or the information contained herein for the purpose of reliance by third parties. 2.0 SITE DESCRIPTION This section presents a general overview of the Subject Property, any onsite improvements, and a description of surrounding properties. 2.1 Location and Legal Description The Subject Property for this report consists of one single parcel (Parcel ID # 00286520003) and is located in Collier County, south of Pine Ridge Road, east of Livingston Road, and immediately west of Whippoorwill Lane (Figures 1 & 2). The Subject Property totals approximately 4.93 acres and currently contains two single family homes, cleared land, and a portion of a pond. AVOW Hospice Property Approximately 4.93 acres Legal Description: 18 49 26 S1/2 OF N1/2 OF SE1/4 OF NW1/4 Collier County Parcel #: 00286520003 Section 18, Township 49S, Range 26E Owner(s): Donald and Mary Martin The current ownership has held the property since 1997. An aerial site map is shown below as (Figure 3). 9 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com Figure 3. Aerial Site Map 2.2 Site and Vicinity General Characteristics The aerial site map shown in (Figure 3) highlights the parcel and the vicinity around it. Onsite: Site currently contains two single family homes, cleared land, and a portion of a pond Vicinity: The Subject Property is bordered by commercial facilities to the north, residential developments, roadways and undeveloped/forested land. 2.3 Current Use of the Property The Subject Property consists primarily of cleared land with two existing structures. A lake sits to the north, a portion of which falls within the property boundary. Minimal forested land exists in the southwestern portion of the property. 2.4 Descriptions of Structures, Roads, and Other Improvements on the Site The site contains two houses, each with a driveway. Whippoorwill Lane runs north and south along the eastern property boundary. 10 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com Potable Water Supply/Sewage Disposal Utilities appear to be available from Whippoorwill Lane, however there are 2 residential wells and at least one septic system on the Subject Property. 2.5 Current Uses of the Adjoining Properties The Subject Property is surrounded by roadways, residential communities, commercial buildings, and undeveloped, forested land. A lake sits to the north of the property. West: Residential community South: Residential community North: AVOW Hospice, commercial development East: Residential community 3.0 USER-PROVIDED INFORMATION This section identifies information provided to Earth Tech Environmental by the current owner/agent or by additional searches conducted by ETE at the client’s request. 3.1 Title Records Title work for the property was not provided for this report. 3.2 Environmental Liens or Activity and Use Limitations An environmental lien search was not completed by ETE for this property. The current property owner (Donald Martin) indicated in a phone interview (Appendix A) that, to the best of his knowledge, the property has not been checked for environmental cleanup liens. 3.3 Specialized Knowledge The owner did not have any specialized knowledge or experience related to the property or nearby properties. 3.4 Commonly Known or Reasonably Ascertainable Information During the phone interview, the property owner indicated that he is not aware of commonly known or reasonably ascertainable information about the property that would aid in identifying conditions indicative of releases or threatened releases. He was also unaware of any obvious indicators that point to the presence or likely presence of contamination on the property. Earth Tech Environmental was unable to obtain any available information that would be considered commonly known by persons familiar with the site relating to environmental issues or RECs on the Subject Property. 3.5 Valuation Reduction for Environmental Issues The attached User Questionnaire and Record of Communication (Appendix A) indicate that the owner isn’t aware of a reduction in value of the Subject Property as a result of past or present environmental concerns. 3.6 Owner, Property Manager, and Occupant Information The current property owners are Donald and Mary Martin, per the Collier County Property Appraiser website. 3.7 Reason for Performing Phase I The Phase I ESA was requested by Jaysen Roa of AVOW, Inc. 3.8 Other No other information was provided. 11 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com 4.0 RECORDS REVIEW The following section presents the results of a review of federal and state regulatory databases. Also reviewed were aerial photographs, topographic/QUAD maps, soil survey maps, and city directories pertaining to the Subject Property, adjacent properties, and proximate properties. 4.1 Standard Environmental Record Sources Regulatory agency database information was obtained from Environmental Data Management, Inc. (EDM), which maps and lists properties in Federal and State environmental databases with existing conditions or status’ that may have the potential to affect the Subject Property. EDM’s environmental database site report is included in this ESA as (Appendix B). 4.2 Federal Environmental Record Sources The following are comments regarding several of the Federal databases that were reviewed in accordance with the ASTM E1527-13 requirements. See the EDM report for an entire list of Federal databases searched. National Priorities List (NPL; 1.0-mile) The National Priorities List (NPL) is a subset of the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) and identifies over 1,200 sites for priority cleanup under the Superfund program. • There are no listed NPL properties within 1.0-mile of the Subject Property. Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS; 0.50- mile) The CERCLIS database contains data on potentially hazardous waste sites that have been reported to EPA by states, municipalities, private companies, and private persons pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). • There are no CERCLIS facilities listed within 0.50-mile of the Subject Property. CERCLIS-No Further Remedial Action Planned (CERCLIS-NFRAP; 0.50-mile) The CERCLIS-NFRAP database contains data on sites where, following an initial investigation, no contamination was found or contamination was removed quickly without the need for the site to be placed on the NPL. • There are no CERCLIS-NFRAP listed properties within 0.50-mile of the Subject Property. Emergency Response Notification System List (ERNS; 0.25-mile) The ERNS database contains data on toxic chemical spills and other accidents reported to the National Response Center (NRC). • There are no ERNS listed properties within 0.25-mile of the Subject Property. Corrective Action Report (CORRACTS; 1.0-mile) The CORRACTS database identifies hazardous waste handlers with Resource Conservation and Recovery Act (RCRA) corrective action activity. • There are no CORRACTS listed facilities within 1.0-mile of the Subject Property. Resource Conservation and Recovery Act (RCRA) Treatment, Storage, and Disposal (TSD) Facilities (TSD; 1.0-mile) The RCRA TSD Facilities database includes selected information on facilities that generate, transport, store, treat and/or dispose of hazardous waste, as defined by RCRA. 12 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com • There are no TSD listed facilities within 1.0-mile of the Subject Property. RCRA Generators Lists (NONTSD; Site and Adjoining Properties) RCRA large-quantity generators (LQG) are those facilities that generate at least 1,000 kilograms per month (kg/month) of non-acutely hazardous waste or meet other applicable RCRA requirements. Resource Conservation and Recovery Information System (RCRIS) small-quantity generators (SQG) generate between 100 and 1,000 kg/month of non-acutely hazardous waste or meet other applicable RCRA requirements. RCRIS conditionally exempt SQG generate less than 100 kg/month of non-acutely hazardous waste or meet other applicable RCRA requirements. • There are no NONTSDs containing LQGs or SQGs located within 0.25-mile of the Subject Property. 4.3 State Environmental Record Sources The following are the major state databases that were reviewed in accordance with the ASTM E1527-13 requirements. See EDM report for a complete list of all State databases reviewed. State-Equivalent CERCLIS Hazardous Waste Sites (STCERC; 0.50-mile) These sites are being assessed and/or cleaned up as a result of identified or suspected contaminations from the release of hazardous substances. • There is one (1) STCERC listed facilities within 0.50-mile radius of the Subject Property (Circle K #2709766 – Facility ID No. 8839708CLN). The EDM report indicates an “Active” cleanup status for this site. However, the latest available documents with DEP include an Inspection Report on 3/27/17 and indicate that the site is in compliance (see Appendix F). Solid Waste Facilities List (SLDWST; Site and Adjoining Properties) This database identifies locations that have been permitted to conduct solid waste handling activities including landfills, transfer stations and sites handling bio-hazardous wastes. • There are no SLDWST listed facilities within 0.50-mile radius of the Subject Property. State Leaking Underground Storage Tank Database (LUST; 0.50-mile) The LUST database is a list of reported leaking Underground Storage Tank incidents. • There are four (4) LUST listed facilities within 0.50-mile radius of the Subject Property: 1. Circle K #2723919 – Facility ID No. 9502425. Incident occurred on 2/28/2012 and was cleaned up and closed on 5/30/2013 (see Appendix F). 2. Circle K #2709766 – Facility ID No. 8839708. Incidents occurred between 1988 and 1998 with “ongoing” cleanups indicated in the EDM report. There are no active violations for this facility. 3. Shell Station – Facility ID No. 8839708. The EDM report indicates a “historical entry” for this site. No documentation is available. 4. Circle K #2723860 – Facility ID No. 9803424. Incident occurred on 1/13/12 and was cleaned up and closed on 5/30/13 (see Appendix F). State Registered Underground Storage Tank (TANKS; Site and Adjoining Properties) This database contains listings for current UST sites; listed as TANKS in the EDM report. • There are no TANKS listed facilities within 0.50-mile of the Subject Property. State and Tribal Brownfield Sites (BRWNFLDS; 0.50-mile) 13 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com Brownfields are typically defined as abandoned, idled or underused industrial and commercial sites where expansion or redevelopment is complicated by real or perceived environmental contamination. • There are no BRWNFLDS properties listed within 0.50-mile of the Subject Property. State Voluntary Cleanup Sites (VOLCLNUP; 0.50-mile) This list identifies those sites that have signed an agreement to cleanup a site either voluntarily or pursuant to enforcement activity. • There are no VOLCLNUP properties listed within 0.50-mile of the Subject Property. State Institutional Control/Engineering Control Registries (INSTENG; 0.50-mile) This database contains sites that have had institutional and/or engineering controls implemented to regulate exposure to environmental hazards. • There are no INSTENG properties listed in this database within 0.50-mile of the Subject Property. State Dry Cleaners List (DRY; 0.50-mile) This database contains listings for dry cleaners within 0.50-mile of the Subject Property. • There are no DRY properties listed within 0.50-mile of the Subject Property. Well Surveillance Program Public Water Wells (WELLSADOHC; 0.50-mile) This section coordinates with the County Health Departments to locate potable wells and conduct water sampling for contaminants of concern. • There are no WELLSADOHC properties listed within 0.50-mile of the Subject Property. Water Use Regulation Facility Site Report (WELLSFWMD; 0.25-mile) This database contains listings for water use regulation facility sites within 0.25-mile of the Subject Property. • There are no WELLSFWMD properties listed within 0.25-mile of the Subject Property. SFWMD Public Water Supply Report (SFWMDPUB; 0.50-mile) This database contains information on permitted Public Water Supply well, pump and culvert locations as specified on Water Use Permits. • There are no SFWMDPUB properties listed within 0.50-mile of the Subject Property. SFWMD Private Water Well Report (SFWMDPRV; 0.25-mile) This database contains information on the location and characteristics of permitted water well and pump stations used for private purposes. These sites include uses for irrigation, commercial use, dewatering/mining and power. They do not include private potable sources, as they do not require SFWMD permitting. • There are twelve (12) SFWMDPRV properties listed within 0.25-mile of the Subject Property: 1. AVOW Hospice; Facility ID Nos. 11-03108-W/091118-7/253566, 11-03108-W/091118- 7/253565 2. Nextel on Whippoorwill Property; Facility ID No. 11-02067-W/020118-7/117320 3. Brynwood Preserve; Facility ID Nos. 11-02119-W/040225-29/121689, 11-02119- W/040225-29/121690, 11-02119-W/040225-29/121691, 11-02119-W/040225-29/121692 4. Mariposa; Facility ID Nos. 11-02401-W/050214-26/170871, 11-02401-W/050214- 26/170873 14 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com 5. Andalucia; Facility ID No. 11-03265-W/141223-17/259880 6. Thrive of Naples; Facility ID No. 11-03840-W/160923-3/274954 7. Bellagio Apartments; Facility ID No. 11-02386-W/050228-9/127251 There are no violations associated with the above sites. 4.4 Additional Environmental Record Sources Additional database records were provided in the database search report. These are summarized in the EDM database report. • There are several mapped sites within the EDM report whose plotted coordinates fall just outside of the ASTM search radii, but whose property boundaries may still extend into the search area. These sites typically include large commercial or industrial tracts that may merit inclusion in the evaluation process. Detailed data reports on (any of) these sites may be made available upon request. See Proximal Site Summary Table (Appendix B, p. 21 of EDM Report). 4.5 Physical Setting Source(s) USGS Quadrangle Maps The U.S. Geological Survey (USGS) 7.5 minute Florida quadrangle maps were reviewed for the Subject Property. It is included as (Figure 4) below. From the quadrangle, elevations on the Subject Property are level with no significant changes in topography. No potential sources of impact to the Subject Property were identified in the topographic map review. Figure 4. USGS Topographic Map 15 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com NRCS Soils Mapping National Resource Conservation Service (NRCS) maps for Collier County were reviewed to determine subsurface soil characteristics for the Subject Property. The parcel boundary was overlain on the soil survey and the resulting map is included on the following page (Figure 5). According to NRCS, the parcel contains the following soil types: Malabar fine sand (3) This soil type is located throughout most of the property, with the exception of the lake. It is a poorly drained soil found in sloughs and poorly defined drainageways. This soil has a seasonal high water table within twelve (12) inches of the land surface and it recedes to greater than forty (40) inches during dry periods. Permeability is slow to very slow. Water (99) A lake covers a significant amount of the subject property in the north-northwest region of the parcel. Figure 5. NRCS Soils Map 16 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com 4.6 Historical Use Information on the Property To evaluate historical use of the property, Earth Tech Environmental reviewed readily available topographic maps and historical aerial photographs. Topographic Maps No indication of historical use is evident from the topographic map; see the USGS topographic map above (Figure 4). Aerial Photographs Earth Tech Environmental performed a historical aerial photograph analysis for the Subject Property (Appendix C). Interpretations of past uses of the Subject Property and other comments are provided in the table below. No evidence of environmental impairment to the Subject Property was observed from the aerial photography review. 4.7 Historical Use Information on Adjoining Properties To evaluate the historical use of the adjacent properties, ETE reviewed readily available topographic maps and aerial photographs. Topographic Maps No indication of historical use is evident from the topographic map; see the USGS topographic map above (Figure 4). Aerial Photographs Earth Tech Environmental performed a historical aerial photograph analysis for the Subject Property. Interpretations of past uses of the adjoining properties/vicinity and other comments are provided in the table below. No evidence of environmental impairment to the adjoining properties was observed from the aerial photography review. SUBJECT PROPERTY YEAR(S) COMMENTS / INTERPRETED PROPERTY USE 1962 Forested 1973 Forested 1985 Northern portion cleared and filled 1993 Lake dug in northern portion 2005 Eastern portion cleared; two houses 2016 No change ADJOINING PROPERTIES YEAR(S) COMMENTS / INTERPRETED PROPERTY USE 1962 Agricultural activities to the north; trails to the far east 1973 Whippoorwill Lane & Night Hawk Drive to the east; agricultural activities to the far west 1985 Property to the north cleared for lake; roads built all around, including Pine Ridge Rd. to the north 1993 Lake to the north; commercial development to the northeast; minimal residential development to the southwest 2005 Residential development to the west, south, east; commercial development to the north 2016 Residential development to the south; commercial development to the north 17 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com 4.8 Previous Reports Prepared by Earth Tech Environmental or Others No previous Phase 1 ESA is known to have been completed on the Subject Property. 5.0 SITE RECONNAISSANCE On June 20, 2017, Mr. Jeremy Sterk and Ms. Jennifer Bobka performed an onsite assessment of the Subject Property to observe general site conditions and identify visible evidence of Recognized Environmental Conditions (RECs). Photographs taken during Earth Tech Environmental’s site inspection are included in (Appendix D). Mr. Sterk’s and Ms. Bobka’s qualifications are included in (Appendix E). 5.1 Methodology and Limiting Conditions Earth Tech Environmental was provided full access to the property. The methodology for the site visit included a walkover survey of the property, starting at the perimeter of the parcel and working inward towards the center. Geo-referenced aerial photographs with the site boundaries overlain, were used to assist in identifying approximate parcel boundaries while in the field. 5.2 General Site Setting Current Use(s) of the Property Site currently contains cleared land with 2 homes, portions of a lake, and landscaping. Current Uses of Adjoining Properties West: Residential community South: Residential community North: AVOW Hospice, commercial development East: Residential community 5.3 Exterior (Site) Observations The following items were looked for as indicated in the ASTM standard: Hazardous Substances and Petroleum Products in Connection with Identified Uses The presence of hazardous substances or petroleum products in connection with the Subject Property was investigated. • No hazardous substances or petroleum products were observed onsite. Storage Tanks Above ground storage tanks (ASTs), underground storage tanks (USTs), vent pipes, fill pipes, or access ways indicating USTs were looked for during the site visit. • No ASTs, USTs, vent pipes, fill pipes, or access ways were observed in the area that was visually inspected during the site inspection. Odors The Subject Property was checked for strong or noxious odors and their sources during the site visit. • No readily noticeable odors were encountered in the area that was visually inspected during the site investigation. Pools of Liquid The property was searched for standing pools of liquid. • No standing water was observed on the Subject Property. Drums 18 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com Storage drums were looked for during the site visit. • No storage drums were observed on the Subject Property. Hazardous Substances and Petroleum Products Containers (Not Necessarily in Connection with Identified Uses). Hazardous substances and petroleum products containers were looked for during the site visit. • No hazardous substances or petroleum product containers were observed on the Subject Property. Unidentified Substance Containers Open or damaged containers containing unidentified substances suspected of being hazardous substances or petroleum products were looked for during the site visit. • No unidentified substance containers were observed on the Subject Property. PCBs Polychlorinated biphenyls (PCBs) are synthetic chemicals used as coolants and lubricants in transformers and electrical equipment which ceased to be produced in the United States in 1977, but are still found in the environment. Production of PCBs ceased due to evidence that they build up in the environment and can cause harmful health effects. Products made before 1977 that may contain PCBs include old fluorescent lighting fixtures and electrical devices containing PCB capacitors and hydraulic oils. Electrical or hydraulic equipment known to contain PCBs or likely to contain PCBs were looked for during the site visit • No PCBs were identified during the site visit. Pits, Ponds, or Lagoons • There is a large pond partially located on the Subject Property to the north. Stained Soil or Pavement • No areas of stained soil or pavement were observed on the Subject Property. Stressed Vegetation • No areas of stressed vegetation were observed on the Subject Property. Solid Waste • There was no solid waste observed on the Subject Property. Wastewater • Wastewater was not observed discharging into any drains or underground injections systems. Wells • Subject Property contains two (2) wells, supporting two houses on the property. Septic Systems • Subject Property contains one (1) septic system. 6.0 INTERVIEWS 6.1 Interviews with Site Contacts The property owner, Donald Martin, was contacted via phone, a record of the conversation is included in (Appendix A) of this report. 19 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com 6.2 Interviews with Local Government Officials No interviews with local government officials were conducted. 7.0 FINDINGS Earth Tech Environmental conducted a Phase 1 ESA on the Subject Property. The ESA included a site visit on June 20, 2017. The Subject Property for this report totals approximately 4.93 acres in size. The Subject Property currently consists of cleared land with 2 homes, some storage sheds, a portion of a lake, and landscaped areas. Environmental Data Management, Inc. (EDM) under a subcontract to Earth Tech Environmental performed a comprehensive review of environmental databases for facilities that are either on the property or within 0.25 – 1.0 mile of the Subject Property. The Subject Property and properties within the various ASTM radii had several listings within the environmental databases reviewed. However, none of these appear to have any impact on the Subject Property. 8.0 OPINION This section presents the environmental professional’s opinion(s) of the impact on the property of conditions identified in the findings section. No evidence was observed to indicate a release of any hazardous materials or petroleum products has occurred on the Subject Property. 9.0 DEVIATIONS/DATA GAPS The ASTM Practice E1527-13 standard requires a listing of “data gaps” encountered during the site investigation process that may affect the validity of the conclusions drawn by the environmental professional. The ASTM Practice E1527-13 standard also requires that the environmental professional estimate the relative importance of the data gaps. Generally, gaps in available data are related to the availability of historical data sources for specific sites of concern. The environmental professional uses multiple historical data sources as a method to provide coverage for data gaps. For this site, the following items may constitute a data gap as defined by ASTM: 1. A 1962 aerial was the earliest aerial available for review. Per ASTM Standards, aerials prior to 1940 should be reviewed. This constitutes a data gap; however, since the parcel was undeveloped and forested in 1962, ETE does not consider this gap as significant. 10.0 ADDITIONAL SERVICES The following additional services were not provided as part of the scope for conducting this Phase I ESA: § Radon assessment § Environmental Liens § Title search § Asbestos § Lead-based paint § Lead in drinking water § Ecological resources, i.e. wetlands & endangered species § Regulatory compliance § Indoor air quality § Cultural and historic resources § Mold 20 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com 11.0 CONCLUSIONS Earth Tech Environmental has performed a Phase I ESA in conformance with the scope and limitations of ASTM Practice E1527-13 for Phase I ESAs. Any exceptions to, or deletions from, this practice are described in Section 9.0 of this report. This assessment has revealed no suspect Recognized Environmental Conditions (RECs) associated with the Subject Property and recommends no further action. 21 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com 12.0 ENVIRONMENTAL PROFESSIONAL STATEMENT I declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in § 312.10 of CFR 312 and I have the specific qualifications based on education, training, and experience to assess a property as required for this Phase 1 ESA. I have developed and performed all the appropriate inquiries in conformance with the standards and practices set forth in ASTM E1527-13. By certifying this report, Earth Tech Environmental does not represent or warrant that the Client will automatically qualify for any legal defense to any liability under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §9601 et seq.) or under any other law or regulation pertaining to the property. Jeremy Sterk, C.E.P. #16992037 Earth Tech Environmental, LLC. June 22, 2017 Jennifer Bobka, Ecologist Earth Tech Environmental, LLC. June 22, 2017 22 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com 13.0 REFERENCES American Society for Testing and Materials. ASTM International. ASTM E1527-13. 2017. https://www.astm.org/Standards/E1527.htm Collier County Property Appraisers Website, 2017. http://www.collierappraiser.com/?aspxerrorpath=/webmap/Map.aspx Environmental Data Management, Inc., Environmental Data Report, Standard ASTM Research: “Parcel 00286520003, 4.93 Acre Parcel. Naples FL 34105”, June 15, 2017. Environmental Data Management, Inc., Historical Aerial Photograph Report: “Parcel 00286520003, 4.93 Acre Parcel. Naples FL 34105”, June 15, 2017. Environmental Protection Agency Website, 2017. http://www.epa.gov/region9/pcbs/faq.html Florida Department of Environmental Protection's (DEP) Oculus Electronic Document Management System, 2017. NRCS Soil Survey of Collier County, 1998. U.S. Geological Survey, 7.5 Minute Series Florida Topographic Map, 1958 Photo Revisions 1987. 23 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com APPENDIX A USER QUESTIONNAIRE & RECORD OF COMMUNICATION 24 USER QUESTIONNAIRE for PHASE ONES AS REQUIRED by ASTM Standard E1527-13 (published 2013) Site Name: Address: The person who will use the Phase One should provide the following information. Please fill in this form to the best of your ability, explaining any Yes answers on a separate sheet of paper. Without these answers, our report would have to note that the Phase One is incomplete, and your Landowner Liability Protections could be at risk. We need these answers before we conduct the site visit. 1. Environmental Cleanup Liens. ASTM requires the User to check for environmental liens that may be filed or recorded against the subject property under federal, tribal, state or local law. Failure to check for these liens could put your Landowner Liability Protections at risk. Have you checked for these environmental cleanup liens? q Yes q No Are you aware of any such liens against the subject property? q Yes q No 2. Activity and Use Limitations (AULs). These include engineering controls (e.g., slurry walls, caps) and land use restrictions or institutional controls (e.g., deed restrictions, covenants) that may be in place at the site or filed under federal, tribal, state or local law. Are you aware of any possible AULs involving the subject site? q Yes q No 3. Specialized Knowledge. This involves personal knowledge or experience related to the subject property or nearby properties. For example, if you are involved in the same line of business as the current or former occupants of the property or an adjoining property, you would probably know of any chemicals, oil, degreasers, gasoline, or other hazardous substances commonly used in that type of business. Do you have any specialized knowledge that might indicate the past or present use of such substances on the subject or nearby properties? q Yes q No 4. Fair Market Value (FMV). A purchase price significantly below FMV may indicate an environmental problem. Please note that this question does not require an appraisal of the property. If the price is significantly below FMV, the User should consider whether it might be because contamination may be present at the property. Is the purchase price significantly below fair market value? q Yes q No 5. Obvious Indicators. This involves past or present spills, stains, releases, cleanups, etc. on or near the site. Do you know of any obvious indicators of possible contamination on or near the site? q Yes q No 6. Common Knowledge. Please use a separate sheet if necessary. a. Describe the past uses of the property: b. Describe any specific chemicals that may have been present at the property: c. Describe any other information that may help us identify possible contamination: # of separate sheets attached: Your Signature Date Explain Yes answers on a separate sheet. X X X X X X Residential Single Family Homes (Two) Unknown beyond typical N/A 0June 21, 2017 and readily available household products. Donald and Mary Martin Property 1301 Whippoorwill Lane, Naples, FL 34105 25 PHASE I ESA – RECORD OF COMMUNICATION Person Contacted: Donald Martin Title and Affiliation: Property Owner Location/Address: 1301 Whippoorwill Ln., Naples, FL 34105 Telephone Number: 239-272-1353 Communication Via: x Telephone Email Personal Interview Communicator: Jennifer Bobka Date and Time: 6/15/2017 2:15pm Subject: Phone Interview Summary of Communication: Jennifer Bobka of Earth Tech Environmental contacted the property owner- Donald Martin- with a few questions regarding the above-mentioned property. Mr. Martin has owned the property since 1997. To the best of his knowledge, the property does not have any environmental liens against it, nor has there been any contamination issues. Comments: 26 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com APPENDIX B EDM SITE DATA REPORT 27 Earth Tech Environmental, LLC 1455 Rail Head Blvd Suite 8 Naples, FL 34110 Prepared For: 1301 Whippoorwill Ln Naples, Florida 34105 Prepared By: Environmental Data Management, Inc. 2840 West Bay Drive, Suite 208 Largo, Florida 33770 June 14, 2017 Parcel: 00286520003 Standard ASTM Research Environmental Data Report 1 28 Environmental Data Management, Inc. 2840 West Bay Drive, Suite 208 Largo, Florida 33770 Tel. (727) 586-1700 http://www.edm-net.com June 14, 2017 Jeremy Sterk Earth Tech Environmental, LLC 1455 Rail Head Blvd Naples, FL 34110 Subject:Standard ASTM Research - EDM Project #23925 1301 Whippoorwill Ln Naples, Florida 34105 Dear Mr. Sterk Thank you for choosing Environmental Data Management, Inc. The following report provides the results of our environmental data research that you requested for the following location: The following is a summary of the components contained within this report: Executive Summary –lists the databases that were searched for this report, the search distance criteria and the number of sites identified for each database. Map of Study Area– street map showing the location of the Subject Property and any regulatory listed sites identified within the search criteria. Site Summary Table –displays the Map ID number, Permit or Registration number, Name/Address and the Government Database(s) for the identified regulatory listed sites. Detail Reports – data detail for each database record identified. Proximal Records Table – a listing of potentially relevant sites identified just beyond the search criteria. Non-Mapped Records Table - lists those government records that do not contain sufficient address information to plot within our GIS system, but may still exist within your study area. Addl Maps (where applicable) – includes Recent Aerial Photo, USGS Topographic maps, FEMA Floodplain & NWI Wetland Map, map of statewide American Indian Lands and our Environmental Impact Areas map, showing the location of suspect sites such as NPL/STNPL, Brownfields, FUDS, etc.... Our Florida well data report is also include with the Standard and Comprehensive formats. Agency List Descriptions – defines the regulatory databases included in this report along with the dates that each database was last updated by the respective agency and EDM. At EDM we take great pride in our work, and continually strive to provide you with the most accurate and thorough research service available. This report is only intended as a means to assist in identifying locations that may pose an environmental concern relative to the property under evaluation. Its use is not intended to replace the need for a complete environmental assessment or regulatory file review, but rather as a supplement to the overall evaluation. Thank you again for selecting EDM as your data research provider. Should you have any questions regarding this report or our service, please feel free to contact us. We appreciate the opportunity to be of service to you and look forward to working with you in the future. ENVIRONMENTAL DATA MANAGEMENT, INC. Parcel: 00286520003 2 29 Executive SummaryReport Date: 6/14/2017 Client Information Project Information Earth Tech Environmental, LLC 1301 Whippoorwill Ln 1301 Whippoorwill Ln Standard ASTM Research 1301 Whippoorwill Ln Naples,Florida Parcel: 00286520003 The following table displays the databases that were included in the research provided, the respective search distance for each database and the number of records identified for each database. The distance values indicated are measured from the centroid of the Subject Property. The absence of records in this table and the Site Summary Tables indicates that our research found no data for other sites located within the specified search distances. Client Job No: Client P.O. No: 34105 23925EDM Job No# 1455 Rail Head Blvd Suite 8 Naples FL 34110 From .13 - .25 mi From .26 - .5 mi From .51 - 1.0 mi Greater than 1 Mile Totals Search Radius (Miles) From 0 - .13 mi EPA DATABASES National Priorities List(NPL)0 0 0 N/A 01.00 0 Superfund Enterprise Management System Active Site Inventory List(SEMSACTV) 0 0 N/A N/A 00.50 0 Comprehensive Env Response, Compensation & Liability Information System List(CERCLIS) 0 0 N/A N/A 00.50 0 Superfund Enterprise Management System Archived Site Inventory List(SEMSARCH) 0 0 N/A N/A 00.50 0 Archived Cerclis Sites(NFRAP)0 0 N/A N/A 00.50 0 Emergency Response Notification System List(ERNS)0 N/A N/A N/A 00.25 0 RCRIS Handlers with Corrective Action(CORRACTS)0 0 0 N/A 01.00 0 RCRA-Treatment, Storage and/or Disposal Sites(TSD)0 0 0 N/A 01.00 0 RCRA-LQG,SQG,CESQG and Transporters(NONTSD)0 N/A N/A N/A 00.25 0 Tribal Tanks List(TRIBLTANKS)0 N/A N/A N/A 00.25 0 Tribal Lust List(TRIBLLUST)0 0 N/A N/A 00.50 0 Brownfields Management System(USBRWNFLDS)0 0 N/A N/A 00.50 0 Institutional and/or Engineering Controls(USINSTENG)0 N/A N/A N/A 00.25 0 FDEP DATABASES State NPL Equivalent(STNPL)0 0 0 N/A 01.00 0 State CERCLIS/SEMS Equivalent(STCERC)0 1 N/A N/A 10.50 0 Solid Waste Facilities List(SLDWST)0 0 N/A N/A 00.50 0 Leaking Underground Storage Tanks List(LUST)0 4 N/A N/A 40.50 0 Underground/Aboveground Storage Tanks(TANKS)0 N/A N/A N/A 00.25 0 State Designated Brownfields(BRWNFLDS)0 0 N/A N/A 00.50 0 Voluntary Cleanup List(VOLCLNUP)0 0 N/A N/A 00.50 0 Institutional and/or Engineering Controls(INSTENG)0 N/A N/A N/A 00.25 0 Dry Cleaners List(DRY)0 0 N/A N/A 00.50 0 FDEP Public Water Systems(FLPWS)0 0 N/A N/A 00.50 0 FDOH DATABASES FDOH Well Surveillance Program Public Water Wells(WELLSADOHC) 0 0 N/A N/A 00.50 0 FDOH Well Surveillance Program Private Water Wells(WELLSADOHN) 0 N/A N/A N/A 00.25 0 Please understand that the regulatory databases we utilize were not originally intended for our use, but rather for the source agency's internal tracking of sites for which they have jurisdiction or other interest. As a result of this difference in intended use, their data is frequently found to be incomplete or inaccurate, and is less than ideal for our use. Additionally, limitations exist in mapping data detail and accuracy. Our report is not to be relied upon for any purpose other than to "point" at approximate locations where further evaluation may be warranted. No conclusion can be based solely upon our report. Rather, our report should be used in conjunction with other relevant information to direct your attention at potential problem areas; which should be followed up by site inspections, interviews with relevant personnel and regulatory file review. Readers proceed at their own risk in relying upon this data, in whole or in part, for use within any evaluation. The EDM Service Request Form contains more detailed language with regard to such limitations, the terms of which the reader must accept in their entirety before utilizing this report. If the signed contract is not available to the reader, EDM will gladly furnish a copy upon request. Requests via email authorization are construed to be in accordance with these terms. *** Disclaimer *** For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 3 30 From .13 - .25 mi From .26 - .5 mi From .51 - 1.0 mi Greater than 1 Mile Totals Search Radius (Miles) From 0 - .13 mi WMD DATABASES SWFWMD Public Water Supply Report(SWFWMDPUB)0 0 N/A N/A 00.50 0 SWFWMD Domestic Water Supply Report(SWFWMDDOM)0 N/A N/A N/A 00.25 0 SJRWMD Public Water Supply Report(SJRWMDPUB)0 0 N/A N/A 00.50 0 SJRWMD Private Water Well Report(SJRWMDPRV)0 N/A N/A N/A 00.25 0 SFWMD Public Water Supply Report(SFWMDPUB)0 0 N/A N/A 00.50 0 SFWMD Private Water Well Report(SFWMDPRV)8 2 N/A N/A 120.25 2 Please understand that the regulatory databases we utilize were not originally intended for our use, but rather for the source agency's internal tracking of sites for which they have jurisdiction or other interest. As a result of this difference in intended use, their data is frequently found to be incomplete or inaccurate, and is less than ideal for our use. Additionally, limitations exist in mapping data detail and accuracy. Our report is not to be relied upon for any purpose other than to "point" at approximate locations where further evaluation may be warranted. No conclusion can be based solely upon our report. Rather, our report should be used in conjunction with other relevant information to direct your attention at potential problem areas; which should be followed up by site inspections, interviews with relevant personnel and regulatory file review. Readers proceed at their own risk in relying upon this data, in whole or in part, for use within any evaluation. The EDM Service Request Form contains more detailed language with regard to such limitations, the terms of which the reader must accept in their entirety before utilizing this report. If the signed contract is not available to the reader, EDM will gladly furnish a copy upon request. Requests via email authorization are construed to be in accordance with these terms. *** Disclaimer *** For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 4 31 Source: US Census Bureau TIGER Files Map Scale and Property Boundaries are Approximate Standard ASTM Research Report Street Map Approximate Site Boundary NPL, STNPL, CORRACTS & TSD sites - 1 Mile Radius ERNS, NONTSD, TANKS & INSTENG sites - 1/4 Mile Radius Subject Property CERCLIS, SEMSACTV, NFRAP, SEMSARCH, STCERC, SLDWST, LUST, BRWNFLDS, VOLCLNUP & DRY sites - 1/2 Mile Radius 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 5 32 Source: US Census Bureau TIGER Files Map Scale and Property Boundaries are Approximate Standard ASTM Research Report Street Map Approximate Site Boundary NPL, STNPL, CORRACTS & TSD sites - 1 Mile Radius ERNS, NONTSD, TANKS & INSTENG sites - 1/4 Mile Radius Subject Property CERCLIS, SEMSACTV, NFRAP, SEMSARCH, STCERC, SLDWST, LUST, BRWNFLDS, VOLCLNUP & DRY sites - 1/2 Mile Radius 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 6 33 Map Scale and Property Boundaries are Approximate Standard ASTM Research Report 2016 Aerial Photo Approximate Site Boundary NPL, STNPL, CORRACTS & TSD sites - 1 Mile Radius CERCLIS, SEMSACTV, NFRAP, SEMSARCH, STCERC, SLDWST, LUST, BRWNFLDS, VOLCLNUP & DRY sites - 1/2 Mile Radius ERNS, NONTSD, TANKS & INSTENG sites - 1/4 Mile Radius Subject Property Source: Florida Department of Transportation 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 7 34 Source: FDEP and USEPA Geodata Map Scale and Property Boundaries are Approximate Standard ASTM Research Report Environmental Impact Areas Map Approximate Site Boundary NPL, STNPL, CORRACTS & TSD sites - 1 Mile Radius ERNS, NONTSD, TANKS & INSTENG sites - 1/4 Mile Radius Subject Property FDEP Brownfield Sites FDEP Brownfield Areas FDEP Delineated GW Contamination Formerly Used Defense Sites FUDS FDEP Cattle Dipping Vat USEPA NPL & FDEP STNPL Sites FUDS Munitions Response Areas FDEP Solid Waste Sites CERCLIS, SEMSACTV, NFRAP, SEMSARCH, STCERC, SLDWST, LUST, BRWNFLDS, VOLCLNUP & DRY sites - 1/2 Mile Radius 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 8 35 test ENVIRONMENTAL DATA MANAGEMENT MapID & Pgm List Site Dist(Mi) & Direction Site Name Site AddressFac ID No Report Date: 6/14/2017 Page 1 of 1 Site Summary Table Standard ASTM Research 1 9502425 CIRCLE K #2723919 1000 WHIPPORWILL LN NAPLES, FL 341050.35 NELUST 2 8839708 CIRCLE K #2709766 6615 DUDLEY DRIVE NAPLES, FL 341050.38 NELUST 8839708.SHELL STATION 3900 PINE RIDGE RD NAPLES, FL 341050.38 NELUST 8839708CLN CIRCLE K #2709766 6615 DUDLEY DRIVE NAPLES, FL 341050.38 NESTCERC 3 9803424 CIRCLE K #2723860 4025 PINE RIDGE RD EXT NAPLES, FL 341190.45 NELUST For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 9 36 Report Date: 6/14/2017 LUST Page 1 of 2 FDEP LEAKING UNDERGROUND STORAGE TANKS REPORT (LUST) 9502425 1MAP ID NUMBER:FACILITY ID NUMBER, NAME AND LOCATION OWNERSHIP INFO: CIRCLE K STORES INC 305 GREGSON DR ATTN: STORAGE FAC TEL #:(813)910-6884 FAC OPERATOR:FRANCES FRANCONI (919)566-1549 FAC TYPE:A - Retail StationFAC STATUS:OPEN L U S T CIRCLE K #2723919 NAPLES, FL 34105- 1000 WHIPPORWILL LN CARY, NC 27511- SCORE 26 SCORE EFF DT:2/5/2013 RANK:SCORE WHEN RANKED: COUNTY ID:11 ACCOUNT OWNER Dist (Miles):0.35 Direction:NE FAC CLNUP STATUS: COLLIER FDEP INFORMATION PORTAL ON LINE DOCUMENTShttp://webapps.dep.state.fl.us/DepNexus/public/electronic- documents/9502425/facility!search (May Not Be Available For All Records) AGCY LAT/LON(DMS):26,12,38.8151 81,44,35.5929 DISCHARGE INFORMATION DISCHARGE DATE:2/28/2012 INSPECTION DATE: INFO SOURCE:D - DISCHARGE NOTIFICATION 05/30/2013DISCH CLNUP STATUS:SRCR - SRCR COMPLETE CLEANUP WORK STATUS:COMPLETED CLEANUP REQUIRED R - CLEANUP REQUIRED Mapid:1 CONTAMINATED MEDIA?:SOIL:SUR WATER:GR WATER:MON WELL:# DW WELLS CONTAMINATED: -POLLUTANT :GALLONS OTHER CLEANUP COMBINED: Mapid:1 ALT PROC STATUS DT: ALT PROC STATUS: FUND ELLIG: - COMPL STATUS DT:05-30-2013 COMPL STATUS:A - APPROVED FUND ELLIG: -FUND ELLIG: -FUND ELLIG: - SOIL TONNAGE REMOVED: OTHER TREATMENT?: SOIL TREATMENT?(Y/N): FREE PRODUCT REMOVAL?(Y/N): SOIL REMOVAL? (Y/N): ACTUAL COMPLETION DATE: CLEANUP RESP: - COMMENTS: ISSUE DATE:05-30-2013 REVIEW DATE:05-24-2013 SUBMIT DATE:04-26-2013 ACTION TYPE:SRCR - SITE REHABILITATION COMPLETION REPORT SOURCE REMOVALSITE REHABILITATION COMPLETION REPORT YEARS TO COMPL:0 ACTUAL COST: CLEANUP RESP: - ACTUAL COST: PAYMENT DATE: ACTUAL COMPL DATE: ORDER APPRV DATE: CLEANUP RESP: - ACTUAL COST: PAYMENT DATE: ACTUAL COMPLETION DATE: CLNP RESP: - REMEDIAL ACTIONREMEDIAL ACTION PLANSITE ASSESSMENT ALT PROC COMMENT: CLEANUP INFORMATION CLNUP OFF: - ELIG STAT DT: CLNUP PROG: APPL RCVD:ELIG STAT:REDETERM:ELIG LTR SNT:LOI: DEDUCT PD TO DT:COPAY AMT:DEDUCT AMT:CAP AMT:COPAY TO DT: PGM ELIG OFF: PGM ELIG SCORE EFF DT:PGM ELIG RPGM ELIG SCORE: For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 10 37 Report Date: 6/14/2017 LUST Page 2 of 2 FDEP LEAKING UNDERGROUND STORAGE TANKS REPORT (LUST) TANKS Data for LUST Sites: 9502425 FACILTY TEL #:(813) 910-6884 CONTACT TEL #:(919) 566-1549 CONTACT:R INCIONG: 386-916-6267 | 1MAP ID NUMBER:FACILITY ID NUMBER, NAME AND LOCATION OWNERSHIP INFORMATION CIRCLE K STORES INC 305 GREGSON DR ATTN: STORAGE TA CARY, NC 27511 T A N K S CIRCLE K #2723919 NAPLES, FL 34105 1000 WHIPPORWILL LN COUNTY ID:11 Dist (Miles):0.35 Direction:NE COLLIER FAC TYPE:Retail StationFAC STATUS:OPEN FDEP INFORMATION PORTAL ON LINE DOCUMENTShttp://webapps.dep.state.fl.us/DepNexus/public/electronic- documents/9502425/facility!search (May Not Be Available For All Records) TANK #: 1 TANK VOL(GALS): 12000 INST.DATE: 01-Jul-1995 TANK CONTENTS: Unleaded Gas TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE 01-Jul-1995 CONSTRUCTION TYPE:BALL CHECK VALVE/STEEL/SPILL CONTAINMENT BUCKET/TIGHT FILL/DOUBLE WALL-TANK JACKET PIPING TYPE:FIBERGLASS/DOUBLE WALL/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:VISUAL INSPECT PIPE SUMPS/VISUAL INSPECT DISPENSER LINERS/MONITOR DBL WALL TANK SPACE/MECHANICAL LINE LEAK DETECTOR/MONITOR DBL WALL PIPE SPACE TANK #: 2 TANK VOL(GALS): 12000 INST.DATE: 01-Jul-1995 TANK CONTENTS: Unleaded Gas TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE 01-Jul-1995 CONSTRUCTION TYPE:BALL CHECK VALVE/STEEL/SPILL CONTAINMENT BUCKET/TIGHT FILL/DOUBLE WALL-TANK JACKET PIPING TYPE:FIBERGLASS/DOUBLE WALL/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:VISUAL INSPECT PIPE SUMPS/VISUAL INSPECT DISPENSER LINERS/MONITOR DBL WALL TANK SPACE/MECHANICAL LINE LEAK DETECTOR/MONITOR DBL WALL PIPE SPACE TANK #: 3 TANK VOL(GALS): 12000 INST.DATE: 01-Jul-1995 TANK CONTENTS: Vehicular Diesel TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE 01-Jul-1995 CONSTRUCTION TYPE:BALL CHECK VALVE/STEEL/SPILL CONTAINMENT BUCKET/TIGHT FILL/DOUBLE WALL-TANK JACKET PIPING TYPE:FIBERGLASS/DOUBLE WALL/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:VISUAL INSPECT PIPE SUMPS/VISUAL INSPECT DISPENSER LINERS/MONITOR DBL WALL TANK SPACE/MECHANICAL LINE LEAK DETECTOR/MONITOR DBL WALL PIPE SPACE For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 11 38 Report Date: 6/14/2017 STCERC Page 1 of 1 FDEP SITE INVESTIGATION/CLEANUP LIST (STCERC) 8839708CLN 2MAP ID NUMBER:S T C E R C FACILITY NAME AND LOCATION: SITE NUMBER: DISTRICT:SD LEAD UNIT: SUPPORT UNIT: PROJECT MGR: ATTORNEY: STATUS: STATUS DATE: CIRCLE K #2709766 NAPLES, FL 34105 6615 DUDLEY DRIVE Dist (Miles):0.38 Direction:NE FDEP INFORMATION PORTAL ON LINE DOCUMENTShttp://webapps.dep.state.fl.us/DepNexus/public/electronic- documents/8839708/facility!search (May Not Be Available For All Records) SOURCE:FDEP Cleanup Sites SOURCE ID:8839708 CLEANUP SITES SOURCE:STCM CLEANUP SITES SOURCE ID:8839708 CLEANUP SITES PGM AREA:TK CLEANUP SITES CATEGORY:PETRO CLEANUP SITES REMED STATUS:ACTIVE AGENCY SITE LAT/LON:26.211065953635 -81.74219611370 FDEP CLEANUP SITES INFO: FDER SITES LIST INFO: For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 12 39 Report Date: 6/14/2017 LUST Page 1 of 6 FDEP LEAKING UNDERGROUND STORAGE TANKS REPORT (LUST) 8839708 2MAP ID NUMBER:FACILITY ID NUMBER, NAME AND LOCATION OWNERSHIP INFO: CIRCLE K STORES INC 305 GREGSON DR ATTN: STORAGE FAC TEL #:(239)434-8330 FAC OPERATOR:FRANCONI, FRANCES (919)566-1549 FAC TYPE:A - Retail StationFAC STATUS:OPEN L U S T CIRCLE K #2709766 NAPLES, FL 34105- 6615 DUDLEY DRIVE CARY, NC 27511- SCORE 26 SCORE EFF DT:2/9/2009 RANK:4637 SCORE WHEN RANKED:31 COUNTY ID:11 ACCOUNT OWNER Dist (Miles):0.38 Direction:NE FAC CLNUP STATUS: COLLIER FDEP INFORMATION PORTAL ON LINE DOCUMENTShttp://webapps.dep.state.fl.us/DepNexus/public/electronic- documents/8839708/facility!search (May Not Be Available For All Records) AGCY LAT/LON(DMS):26,12,39.8203 81,44,31.8947 DISCHARGE INFORMATION DISCHARGE DATE:10/26/1988 INSPECTION DATE:2/6/1989 INFO SOURCE:E - EDI 07/06/2001DISCH CLNUP STATUS:RA - RA ONGOING CLEANUP WORK STATUS:INACTIVE CLEANUP REQUIRED R - CLEANUP REQUIRED Mapid:2 CONTAMINATED MEDIA?:SOIL:Y SUR WATER:N GR WATER:Y MON WELL:Y # DW WELLS CONTAMINATED:0 B - Unleaded GasPOLLUTANT :GALLONS OTHER CLEANUP COMBINED: Mapid:2 ALT PROC STATUS DT: ALT PROC STATUS: FUND ELLIG: - COMPL STATUS DT: COMPL STATUS: - FUND ELLIG: -FUND ELLIG: -FUND ELLIG: - SOIL TONNAGE REMOVED: OTHER TREATMENT?: SOIL TREATMENT?(Y/N): FREE PRODUCT REMOVAL?(Y/N):Y SOIL REMOVAL? (Y/N): ACTUAL COMPLETION DATE: CLEANUP RESP:RP - RESPONSIBLE PARTY COMMENTS: ISSUE DATE: REVIEW DATE: SUBMIT DATE: ACTION TYPE: - SOURCE REMOVALSITE REHABILITATION COMPLETION REPORT YEARS TO COMPL: ACTUAL COST: CLEANUP RESP:LP - LOCAL PROGRAM ACTUAL COST: PAYMENT DATE: ACTUAL COMPL DATE:07-23-1993 ORDER APPRV DATE:7/23/1993 CLEANUP RESP:LP - LOCAL PROGRAM ACTUAL COST: PAYMENT DATE: ACTUAL COMPLETION DATE:11-24-1992 CLNP RESP:LP - LOCAL PROGRAM REMEDIAL ACTIONREMEDIAL ACTION PLANSITE ASSESSMENT ALT PROC COMMENT: CLEANUP INFORMATION CLNUP OFF:PCTM5 - PETROLEUM CLEANUP TEAM 5 ELIG STAT DT:12/22/198 CLNUP PROG:E - EARLY DETECTION INCEN APPL RCVD:11/10/1988ELIG STAT:E REDETERM:NELIG LTR SNT:12/22/1989LOI: DEDUCT PD TO DT:0 COPAY AMT:DEDUCT AMT:CAP AMT:COPAY TO DT:0 PGM ELIG OFF:PCTM5 - PETROLEUM CLEANUP TEAM 5 PGM ELIG SCORE EFF DT:2/9/2009 PGM ELIG R 4637PGM ELIG SCORE:26 For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 13 40 Report Date: 6/14/2017 LUST Page 2 of 6 FDEP LEAKING UNDERGROUND STORAGE TANKS REPORT (LUST) DISCHARGE INFORMATION DISCHARGE DATE:12/20/1990 INSPECTION DATE: INFO SOURCE:D - DISCHARGE NOTIFICATION 07/06/2001DISCH CLNUP STATUS:RA - RA ONGOING CLEANUP WORK STATUS:INACTIVE CLEANUP REQUIRED R - CLEANUP REQUIRED Mapid:2 CONTAMINATED MEDIA?:SOIL:SUR WATER:GR WATER:MON WELL:# DW WELLS CONTAMINATED: D - Vehicular DieselPOLLUTANT :GALLONS OTHER CLEANUP COMBINED: Mapid:2 ALT PROC STATUS DT: ALT PROC STATUS: FUND ELLIG: - COMPL STATUS DT: COMPL STATUS: - FUND ELLIG: -FUND ELLIG: -FUND ELLIG: - SOIL TONNAGE REMOVED: OTHER TREATMENT?: SOIL TREATMENT?(Y/N): FREE PRODUCT REMOVAL?(Y/N): SOIL REMOVAL? (Y/N): ACTUAL COMPLETION DATE: CLEANUP RESP: - COMMENTS: ISSUE DATE: REVIEW DATE: SUBMIT DATE: ACTION TYPE: - SOURCE REMOVALSITE REHABILITATION COMPLETION REPORT YEARS TO COMPL: ACTUAL COST: CLEANUP RESP: - ACTUAL COST: PAYMENT DATE: ACTUAL COMPL DATE: ORDER APPRV DATE: CLEANUP RESP: - ACTUAL COST: PAYMENT DATE: ACTUAL COMPLETION DATE: CLNP RESP: - REMEDIAL ACTIONREMEDIAL ACTION PLANSITE ASSESSMENT ALT PROC COMMENT: CLEANUP INFORMATION CLNUP OFF:PCLP11 - COLLIER COUNTY SOLID & HAZ WASTE MGMT DEPT ELIG STAT DT: CLNUP PROG: APPL RCVD:ELIG STAT:REDETERM:ELIG LTR SNT:LOI: DEDUCT PD TO DT:COPAY AMT:DEDUCT AMT:CAP AMT:COPAY TO DT: PGM ELIG OFF: PGM ELIG SCORE EFF DT:PGM ELIG RPGM ELIG SCORE: For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 14 41 Report Date: 6/14/2017 LUST Page 3 of 6 FDEP LEAKING UNDERGROUND STORAGE TANKS REPORT (LUST) DISCHARGE INFORMATION DISCHARGE DATE:12/17/1998 INSPECTION DATE:12/18/1998 INFO SOURCE:DISCHARGE NOTIFICATION 7/23/1999DISCH CLNUP STATUS:ELIGIBLE- NO TASK LEVEL DATA CLEANUP WORK STATUS:INACTIVE CLEANUP REQUIRED Mapid:2 CONTAMINATED MEDIA?:SOIL:SUR WATER:GR WATER:MON WELL:Y # DW WELLS CONTAMINATED: POLLUTANT :GALLONS OTHER CLEANUP COMBINED: Mapid:2 ALT PROC STATUS DT: ALT PROC STATUS: FUND ELLIG: COMPL STATUS DT: COMPL STATUS: FUND ELLIG:FUND ELLIG:FUND ELLIG: SOIL TONNAGE REMOVED: OTHER TREATMENT?: SOIL TREATMENT?(Y/N): FREE PRODUCT REMOVAL?(Y/N): SOIL REMOVAL? (Y/N): ACTUAL COMPLETION DATE: CLEANUP RESP: COMMENTS: ISSUE DATE: REVIEW DATE: SUBMIT DATE: ACTION TYPE: SOURCE REMOVALSITE REHABILITATION COMPLETION REPORT YEARS TO COMPL: ACTUAL COST: CLEANUP RESP: ACTUAL COST: PAYMENT DATE: ACTUAL COMPL DATE: ORDER APPRV DATE: CLEANUP RESP: ACTUAL COST: PAYMENT DATE: ACTUAL COMPLETION DATE: CLNP RESP: REMEDIAL ACTIONREMEDIAL ACTION PLANSITE ASSESSMENT ALT PROC COMMENT: CLEANUP INFORMATION CLNUP OFF: ELIG STAT DT: CLNUP PROG: APPL RCVD:ELIG STAT:REDETERM:ELIG LTR SNT:LOI: DEDUCT PD TO DT:COPAY AMT:DEDUCT AMT:CAP AMT:COPAY TO DT: PGM ELIG OFF: PGM ELIG SCORE EFF DT:PGM ELIG RPGM ELIG SCORE: For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 15 42 Report Date: 6/14/2017 LUST Page 4 of 6 FDEP LEAKING UNDERGROUND STORAGE TANKS REPORT (LUST) TANKS Data for LUST Sites: 8839708 FACILTY TEL #:(239) 434-8330 CONTACT TEL #:(919) 566-1549 CONTACT:R INCIONG: 386-916-6267 | 2MAP ID NUMBER:FACILITY ID NUMBER, NAME AND LOCATION OWNERSHIP INFORMATION CIRCLE K STORES INC 305 GREGSON DR ATTN: STORAGE TA CARY, NC 27511 T A N K S CIRCLE K #2709766 NAPLES, FL 34105 6615 DUDLEY DRIVE COUNTY ID:11 Dist (Miles):0.38 Direction:NE COLLIER FAC TYPE:Retail StationFAC STATUS:OPEN FDEP INFORMATION PORTAL ON LINE DOCUMENTShttp://webapps.dep.state.fl.us/DepNexus/public/electronic- documents/8839708/facility!search (May Not Be Available For All Records) TANK #: 1 TANK VOL(GALS): 12000 INST.DATE: 01-Jun-1988 TANK CONTENTS: Unleaded Gas TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE 01-Mar-1999 CONSTRUCTION TYPE:FIBERGLASS/SPILL CONTAINMENT BUCKET/FLOW SHUT OFF/TIGHT FILL/DEP APPROVED CONTAINTMENT PIPING TYPE:FIBERGLASS/DOUBLE WALL/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:VISUAL INSPECT PIPE SUMPS/ELECTRONIC MONITOR PIPE SUMPS/VISUAL INSPECT DISPENSER LINERS/MONITOR DBL WALL TANK SPACE/MECHANICAL LINE LEAK DETECTOR/MONITOR DBL WALL PIPE SPACE TANK #: 2 TANK VOL(GALS): 12000 INST.DATE: 01-Jun-1988 TANK CONTENTS: Unleaded Gas TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE 01-Mar-1999 CONSTRUCTION TYPE:FIBERGLASS/SPILL CONTAINMENT BUCKET/FLOW SHUT OFF/TIGHT FILL/DEP APPROVED CONTAINTMENT PIPING TYPE:FIBERGLASS/DOUBLE WALL/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:ELECTRONIC MONITOR PIPE SUMPS/VISUAL INSPECT DISPENSER LINERS/MONITOR DBL WALL TANK SPACE/MECHANICAL LINE LEAK DETECTOR/MONITOR DBL WALL PIPE SPACE TANK #: 3 TANK VOL(GALS): 8000 INST.DATE: 01-Jun-1988 TANK CONTENTS: Unleaded Gas TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE 01-Mar-1999 CONSTRUCTION TYPE:FIBERGLASS/SPILL CONTAINMENT BUCKET/FLOW SHUT OFF/TIGHT FILL/DEP APPROVED CONTAINTMENT PIPING TYPE:FIBERGLASS/DOUBLE WALL/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:VISUAL INSPECT PIPE SUMPS/ELECTRONIC MONITOR PIPE SUMPS/VISUAL INSPECT DISPENSER LINERS/MONITOR DBL WALL TANK SPACE/MECHANICAL LINE LEAK DETECTOR/MONITOR DBL WALL PIPE SPACE TANK #: 4 TANK VOL(GALS): 8000 INST.DATE: 01-Mar-1988 TANK CONTENTS: Vehicular Diesel TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE 01-Mar-1999 CONSTRUCTION TYPE:FIBERGLASS/SPILL CONTAINMENT BUCKET/FLOW SHUT OFF/TIGHT FILL/DEP APPROVED CONTAINTMENT PIPING TYPE:FIBERGLASS/DOUBLE WALL/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:VISUAL INSPECT PIPE SUMPS/ELECTRONIC MONITOR PIPE SUMPS/VISUAL INSPECT DISPENSER LINERS/MONITOR DBL WALL TANK SPACE/MECHANICAL LINE LEAK DETECTOR/MONITOR DBL WALL PIPE SPACE For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 16 43 Report Date: 6/14/2017 LUST Page 5 of 6 FDEP LEAKING UNDERGROUND STORAGE TANKS REPORT (LUST) 8839708.--HISTORICAL ENTRY-- 2MAP ID NUMBER:FACILITY ID NUMBER, NAME AND LOCATION OWNERSHIP INFO: MOTIVA ENTERPRISES LLC 16057 TAMPA PALMS BLVD W #333 FAC TEL #:(941) 434-8330 FAC OPERATOR:DAVID DELEON/AMIT GUPTA (813) 971-2693 FAC TYPE:RETAIL STATIONFAC STATUS:OPEN L U S T SHELL STATION NAPLES, FL 34105 3900 PINE RIDGE RD TAMPA, FL 33647 SCORE SCORE EFF DT:RANK:SCORE WHEN RANKED: COUNTY ID:11 TANK OWNER Dist (Miles):0.38 Direction:NE FAC CLNUP STATUS:ONGOING- AT LEAST ONE CLEANUP ACTIVITY IS IN PR COLLIER FDEP INFORMATION PORTAL ON LINE DOCUMENTShttp://webapps.dep.state.fl.us/DepNexus/public/electronic- documents/8839708./facility!search (May Not Be Available For All Records) AGCY LAT/LON(DMS): DISCHARGE INFORMATION DISCHARGE DATE: INSPECTION DATE: INFO SOURCE: DISCH CLNUP STATUS: CLEANUP WORK STATUS: CLEANUP REQUIRED Mapid:2 CONTAMINATED MEDIA?:SOIL:SUR WATER:GR WATER:MON WELL:# DW WELLS CONTAMINATED: POLLUTANT :GALLONS OTHER CLEANUP COMBINED: Mapid:2 ALT PROC STATUS DT: ALT PROC STATUS: FUND ELLIG: COMPL STATUS DT: COMPL STATUS: FUND ELLIG:FUND ELLIG:FUND ELLIG: SOIL TONNAGE REMOVED: OTHER TREATMENT?: SOIL TREATMENT?(Y/N): FREE PRODUCT REMOVAL?(Y/N): SOIL REMOVAL? (Y/N): ACTUAL COMPLETION DATE: CLEANUP RESP: COMMENTS: ISSUE DATE: REVIEW DATE: SUBMIT DATE: ACTION TYPE: SOURCE REMOVALSITE REHABILITATION COMPLETION REPORT YEARS TO COMPL: ACTUAL COST: CLEANUP RESP: ACTUAL COST: PAYMENT DATE: ACTUAL COMPL DATE: ORDER APPRV DATE: CLEANUP RESP: ACTUAL COST: PAYMENT DATE: ACTUAL COMPLETION DATE: CLNP RESP: REMEDIAL ACTIONREMEDIAL ACTION PLANSITE ASSESSMENT ALT PROC COMMENT: CLEANUP INFORMATION CLNUP OFF: ELIG STAT DT: CLNUP PROG: APPL RCVD:ELIG STAT:REDETERM:ELIG LTR SNT:LOI: DEDUCT PD TO DT:COPAY AMT:DEDUCT AMT:CAP AMT:COPAY TO DT: PGM ELIG OFF: PGM ELIG SCORE EFF DT:PGM ELIG RPGM ELIG SCORE: For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 17 44 Report Date: 6/14/2017 LUST Page 6 of 6 FDEP LEAKING UNDERGROUND STORAGE TANKS REPORT (LUST) TANKS Data for LUST Sites: --HISTORICAL ENTRY--8839708. FACILTY TEL #:9414348330 CONTACT TEL #:8139712693 CONTACT:TONI M ATWELL 2MAP ID NUMBER:FACILITY ID NUMBER, NAME AND LOCATION OWNERSHIP INFORMATION MOTIVA ENTERPRISES LLC 16057 TAMPA PALMS BLVD W #333 TAMPA, FL 33647 T A N K S SHELL STATION NAPLES, FL 34105 3900 PINE RIDGE RD COUNTY ID:11 Dist (Miles):0.38 Direction:NE COLLIER FAC TYPE:RETAIL STATIONFAC STATUS:OPEN FDEP INFORMATION PORTAL ON LINE DOCUMENTShttp://webapps.dep.state.fl.us/DepNexus/public/electronic- documents/8839708/facility!search (May Not Be Available For All Records) TANK #: 1 TANK VOL(GALS): 12000 INST.DATE: 01-Jun-1988 TANK CONTENTS: UNLEADED GAS TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE CONSTRUCTION TYPE:FIBERGLASS/SPILL CONTAINMENT BUCKET/FLOW SHUT OFF/TIGHT FILL PIPING TYPE:FIBERGLASS/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:MANUALLY SAMPLED WELLS/ELECTRONIC LINE LEAK DETECTOR/AUTOMATIC TANK GAUGING-USTS TANK #: 2 TANK VOL(GALS): 12000 INST.DATE: 01-Jun-1988 TANK CONTENTS: UNLEADED GAS TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE CONSTRUCTION TYPE:FIBERGLASS/SPILL CONTAINMENT BUCKET/FLOW SHUT OFF/TIGHT FILL PIPING TYPE:FIBERGLASS/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:MANUALLY SAMPLED WELLS/ELECTRONIC LINE LEAK DETECTOR/AUTOMATIC TANK GAUGING-USTS TANK #: 3 TANK VOL(GALS): 8000 INST.DATE: 01-Jun-1988 TANK CONTENTS: UNLEADED GAS TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE CONSTRUCTION TYPE:FIBERGLASS/SPILL CONTAINMENT BUCKET/FLOW SHUT OFF/TIGHT FILL PIPING TYPE:FIBERGLASS/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:MANUALLY SAMPLED WELLS/ELECTRONIC LINE LEAK DETECTOR/AUTOMATIC TANK GAUGING-USTS TANK #: 4 TANK VOL(GALS): 8000 INST.DATE: 01-Mar-1988 TANK CONTENTS: VEHICULAR DIESEL TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE CONSTRUCTION TYPE:FIBERGLASS/SPILL CONTAINMENT BUCKET/FLOW SHUT OFF/TIGHT FILL PIPING TYPE:FIBERGLASS/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:MANUALLY SAMPLED WELLS/ELECTRONIC LINE LEAK DETECTOR/AUTOMATIC TANK GAUGING-USTS For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 18 45 Report Date: 6/14/2017 LUST Page 1 of 2 FDEP LEAKING UNDERGROUND STORAGE TANKS REPORT (LUST) 9803424 3MAP ID NUMBER:FACILITY ID NUMBER, NAME AND LOCATION OWNERSHIP INFO: CIRCLE K STORES INC 305 GREGSON DR ATTN: STORAGE FAC TEL #:(813)910-6884 FAC OPERATOR:FRANCES FRANCONI (919)566-1549 FAC TYPE:A - Retail StationFAC STATUS:OPEN L U S T CIRCLE K #2723860 NAPLES, FL 34119- 4025 PINE RIDGE RD EXT CARY, NC 27511- SCORE 41 SCORE EFF DT:12/13/2012 RANK:SCORE WHEN RANKED: COUNTY ID:11 ACCOUNT OWNER Dist (Miles):0.45 Direction:NE FAC CLNUP STATUS: COLLIER FDEP INFORMATION PORTAL ON LINE DOCUMENTShttp://webapps.dep.state.fl.us/DepNexus/public/electronic- documents/9803424/facility!search (May Not Be Available For All Records) AGCY LAT/LON(DMS):26,12,45.8725 81,41,16.0126 DISCHARGE INFORMATION DISCHARGE DATE:1/13/2012 INSPECTION DATE: INFO SOURCE:D - DISCHARGE NOTIFICATION 05/30/2013DISCH CLNUP STATUS:SRCR - SRCR COMPLETE CLEANUP WORK STATUS:COMPLETED CLEANUP REQUIRED R - CLEANUP REQUIRED Mapid:3 CONTAMINATED MEDIA?:SOIL:SUR WATER:GR WATER:MON WELL:# DW WELLS CONTAMINATED: -POLLUTANT :GALLONS OTHER CLEANUP COMBINED: Mapid:3 ALT PROC STATUS DT: ALT PROC STATUS: FUND ELLIG: - COMPL STATUS DT:05-30-2013 COMPL STATUS:A - APPROVED FUND ELLIG: -FUND ELLIG: -FUND ELLIG: - SOIL TONNAGE REMOVED: OTHER TREATMENT?: SOIL TREATMENT?(Y/N): FREE PRODUCT REMOVAL?(Y/N): SOIL REMOVAL? (Y/N): ACTUAL COMPLETION DATE: CLEANUP RESP: - COMMENTS: ISSUE DATE:05-30-2013 REVIEW DATE:05-28-2013 SUBMIT DATE:04-26-2013 ACTION TYPE:SRCR - SITE REHABILITATION COMPLETION REPORT SOURCE REMOVALSITE REHABILITATION COMPLETION REPORT YEARS TO COMPL:0 ACTUAL COST: CLEANUP RESP: - ACTUAL COST: PAYMENT DATE: ACTUAL COMPL DATE: ORDER APPRV DATE: CLEANUP RESP: - ACTUAL COST: PAYMENT DATE: ACTUAL COMPLETION DATE: CLNP RESP: - REMEDIAL ACTIONREMEDIAL ACTION PLANSITE ASSESSMENT ALT PROC COMMENT: CLEANUP INFORMATION CLNUP OFF: - ELIG STAT DT: CLNUP PROG: APPL RCVD:ELIG STAT:REDETERM:ELIG LTR SNT:LOI: DEDUCT PD TO DT:COPAY AMT:DEDUCT AMT:CAP AMT:COPAY TO DT: PGM ELIG OFF: PGM ELIG SCORE EFF DT:PGM ELIG RPGM ELIG SCORE: For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 19 46 Report Date: 6/14/2017 LUST Page 2 of 2 FDEP LEAKING UNDERGROUND STORAGE TANKS REPORT (LUST) TANKS Data for LUST Sites: 9803424 FACILTY TEL #:(813) 910-6884 CONTACT TEL #:(919) 566-1549 CONTACT:R INCIONG: 386-916-6267 | 3MAP ID NUMBER:FACILITY ID NUMBER, NAME AND LOCATION OWNERSHIP INFORMATION CIRCLE K STORES INC 305 GREGSON DR ATTN: STORAGE TA CARY, NC 27511 T A N K S CIRCLE K #2723860 NAPLES, FL 34119 4025 PINE RIDGE RD EXT COUNTY ID:11 Dist (Miles):0.45 Direction:NE COLLIER FAC TYPE:Retail StationFAC STATUS:OPEN FDEP INFORMATION PORTAL ON LINE DOCUMENTShttp://webapps.dep.state.fl.us/DepNexus/public/electronic- documents/9803424/facility!search (May Not Be Available For All Records) TANK #: 1 TANK VOL(GALS): 12000 INST.DATE: 01-Sep-2000 TANK CONTENTS: Unleaded Gas TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE 01-Sep-2000 CONSTRUCTION TYPE:BALL CHECK VALVE/STEEL/SPILL CONTAINMENT BUCKET/TIGHT FILL/DOUBLE WALL-TANK JACKET PIPING TYPE:FIBERGLASS/DOUBLE WALL/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:VISUAL INSPECT PIPE SUMPS/VISUAL INSPECT DISPENSER LINERS/MONITOR DBL WALL TANK SPACE/MECHANICAL LINE LEAK DETECTOR/MONITOR DBL WALL PIPE SPACE TANK #: 2 TANK VOL(GALS): 12000 INST.DATE: 01-Sep-2000 TANK CONTENTS: Unleaded Gas TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE 01-Sep-2000 CONSTRUCTION TYPE:BALL CHECK VALVE/STEEL/SPILL CONTAINMENT BUCKET/TIGHT FILL/DOUBLE WALL-TANK JACKET PIPING TYPE:FIBERGLASS/DOUBLE WALL/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:VISUAL INSPECT PIPE SUMPS/VISUAL INSPECT DISPENSER LINERS/MONITOR DBL WALL TANK SPACE/MECHANICAL LINE LEAK DETECTOR/MONITOR DBL WALL PIPE SPACE TANK #: 3 TANK VOL(GALS): 12000 INST.DATE: 01-Sep-2000 TANK CONTENTS: Vehicular Diesel TANK POSITION: UNDERGROUND TANK STATUS (as of...) IN SERVICE 01-Sep-2000 CONSTRUCTION TYPE:BALL CHECK VALVE/STEEL/SPILL CONTAINMENT BUCKET/TIGHT FILL/DOUBLE WALL-TANK JACKET PIPING TYPE:FIBERGLASS/DOUBLE WALL/PRESSURIZED PIPING SYSTEM/DISPENSER LINERS LEAK MONITORING:VISUAL INSPECT PIPE SUMPS/VISUAL INSPECT DISPENSER LINERS/MONITOR DBL WALL TANK SPACE/MECHANICAL LINE LEAK DETECTOR/MONITOR DBL WALL PIPE SPACE For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 20 47 test ENVIRONMENTAL DATA MANAGEMENT MapID Prgm List Site Dist(mi) & Direction Site Name Site AddressFac ID No Report Date: 6/14/2017 Page 1 of 1 Proximal Site Summary Table This table includes mapped sites whose plotted coordinates fall just outside of the ASTM or client defined research distance but whose property boundaries may still extend into the search area. These sites are typically large commercial or industrial tracts that may merit inclusion in the evaluation process. Detail data reports on any of these sites may be requested and will be sent as an addendum to this report at no additional cost. Standard ASTM Research 1A 9502425 CIRCLE K #2723919 1000 WHIPPORWILL LN NAPLES, FL 341050.35 NETANKS 2A 9802885 NORTH COLLIER FIRE CTRL & RESCUE DIST ST 46 3410 PINERIDGE RD NAPLES, FL 341050.38 NWTANKS 3A FLD984223313 SUPERAMERICA OF FLORIDA #8033 3900 PINE RIDGE RD NAPLES, FL 3410938890.38 NENONTSD 8839708 CIRCLE K #2709766 6615 DUDLEY DRIVE NAPLES, FL 341050.38 NETANKS 8839708.SHELL STATION 3900 PINE RIDGE RD NAPLES, FL 341050.38 NETANKS 4A 9803437 RACETRAC #602 3725 PINERIDGE RD NAPLES, FL 341090.39 NETANKS 5A 9801507 KENSINGTON GOLF & CNTRY CLUB INC 2780 EATONWOOD LANE NAPLES, FL 341050.48 SWTANKS 6A NONE 116FDER WYNDERMERE GOLF COURSE TO BE DET NAPLES, FL 1.25 SSTCERC For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 21 48 test ENVIRONMENTAL DATA MANAGEMENT Pgm List & Fac ID No Site Name Site Address Report Date: 6/14/2017 Page 1 of 1 Non-Mapped Records Summary Table This table is a listing of database records that have not been plotted within our mapping system and could exist within your Study Area. Detail data reports on any of these sites may be requested and will be sent as an addendum to this report at no additional cost. Standard ASTM Research VOLCLNUP 69641 COLLIER ENTERPRISES - SECTION 7 FARM , FL For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 22 49 Source: USGS Digital Raster Graphic (DRG)Map Scale and Property Boundaries are Approximate Standard ASTM Research Report USGS Topographic Map Approximate Site Boundary NPL, STNPL, CORRACTS & TSD sites - 1 Mile Radius ERNS, NONTSD, TANKS & INSTENG sites - 1/4 Mile Radius Subject Property CERCLIS, SEMSACTV, NFRAP, SEMSARCH, STCERC, SLDWST, LUST, BRWNFLDS, VOLCLNUP & DRY sites - 1/2 Mile Radius 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 23 50 Source: USGS Historical Topographic Map Collection Map Scale and Property Boundaries are Approximate Historical Topographic Map 1958 Subject Property Approximate Site Location 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 24 51 Source: USGS Historical Topographic Map Collection Map Scale and Property Boundaries are Approximate Historical Topographic Map 1973 Subject Property Approximate Site Location 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 25 52 Source: USGS Historical Topographic Map Collection Map Scale and Property Boundaries are Approximate Historical Topographic Map 1987 Subject Property Approximate Site Location 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 26 53 Source: US Fish & Wildlife Service National Wetlands Inventory, US FEMA Q3 Flood Data Map Scale and Property Boundaries are Approximate Standard ASTM Research Report NWI Wetlands & FEMA Floodplain Map Approximate Site Boundary NPL, STNPL, CORRACTS & TSD sites - 1 Mile Radius ERNS, NONTSD, TANKS & INSTENG sites - 1/4 Mile Radius Subject Property Estuarine Lacustrine Palustrine RiverineUpland Marine NWI Wetlands 100 Year Flood 500 Year Flood FEMA Flood Zone CERCLIS, SEMSACTV, NFRAP, SEMSARCH, STCERC, SLDWST, LUST, BRWNFLDS, VOLCLNUP & DRY sites - 1/2 Mile Radius 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 27 54 1301 WHIPPOORWILL LN Folio Number: 00286520003 Name: MARTIN, DONALD H=& MARY ANN Street# & Name: 1301 WHIPPOORWILL LN Build# / Unit#: 013 / Legal Description: 18 49 26 S1/2 OF S1/2 OF N1/2 OF SE1/4 OF NW1/4 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. 28 55 Print Tax Bills Change of Address   $ 192,300 $ 111,000 $ 0 $ 39,000 $ 112,080 $ 305,550 $ 417,630 $ 65,575 $ 352,055 $ 25,000 Parcel No.00286520003 Site Adr.1301 WHIPPOORWILL LN, NAPLES, FL 34105 Name / Address MARTIN, DONALD H=& MARY ANN 1301 WHIPPOORWILL LN City NAPLES State FL Zip 34105-4842 Map No.Strap No.Section Township Range Acres *Estimated 4B18 000100 013 4B18 18 49 26 4.89 Legal 18 49 26 S1/2 OF S1/2 OF N1/2 OF SE1/4 OF NW1/4 Millage Area 70 Millage Rates *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 1 - SINGLE FAMILY RESIDENTIAL 5.245 5.708 10.953 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 10/01/03 3410-3366 02/24/97 2286-624 05/01/79 809-639 10/01/78 775-400 2016 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) Save our Home (=) Assessed Value (-) Homestead Property Summary Property Detail Sketches Trim Notices 29 56 Print Tax Bills Change of Address Parcel No.00286520003 Site Adr.1301 WHIPPOORWILL LN, NAPLES, FL 34105 Name / Address MARTIN, DONALD H=& MARY ANN 1301 WHIPPOORWILL LN City NAPLES State FL Zip 34105-4842 Permits Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type 1978 COUNTY 77-3439 09/26/78 1992 COUNTY 92-5861 ROOF, NO PICKUP 1997 COUNTY 96-15379 03/31/97 1997 COUNTY 9700-3404 07/01/97 Land #Calc Code Units 10 ACREAGE 0.87 20 ACREAGE 1.55 30 ACREAGE 0.27 40 ACREAGE 2.2 50 FLAT VALUE 0.07 60 FLAT VALUE 0.04 Building/Extra Features # Year Built Description Area Adj Area 10 1978 RESIDENTIAL 2158 2560 20 1980 ALUM SCREEN PORCH 220 220 30 1980 CONCRETE 310 310 40 1997 RESIDENTIAL 1932 2511 Property Summary Property Detail Sketches Trim Notices 30 57 Print Tax Bills Change of Address   1 2 Property Summary Property Detail Sketches Trim Notices 31 58 Source: US Census Bureau TIGER Files Map Scale and Property Boundaries are Approximate Water Well Research Report Street Map Approximate Site Boundary Subject Property Private Water Well System -1/4 mile Public Water Supply System-1/2 mile 1234S56E Sec/Twp/Rng 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 Centroid Latitude: 26 12' 23.4144" Centroid Longitude: -81 44' 43.5876" 32 59 ENVIRONMENTAL DATA MANAGEMENT MapID Prgm List Site Dist(mi) Direction Site Name Site AddressFac ID No Report Date: 6/14/2017 Page 1 of 1 Site Summary Table Water Well Research Report 1 11-03108- W/091118- 7/253566 AVOW HOSPICE , FL 0.09 NESFWMDPRV 2 11-03108- W/091118- 7/253565 AVOW HOSPICE , FL 0.10 NWSFWMDPRV 3 11-02067- W/020118- 7/117320 NEXTEL ON WHIPPOORWILL PROPERTY , FL 0.16 SESFWMDPRV 11-02119- W/040225- 29/121689 BRYNWOOD PRESERVE , FL 0.16 SESFWMDPRV 11-02119- W/040225- 29/121690 BRYNWOOD PRESERVE , FL 0.16 SESFWMDPRV 11-02119- W/040225- 29/121691 BRYNWOOD PRESERVE , FL 0.16 SESFWMDPRV 11-02119- W/040225- 29/121692 BRYNWOOD PRESERVE , FL 0.16 SESFWMDPRV 11-02401- W/050214- 26/170871 MARIPOSA , FL 0.16 SESFWMDPRV 11-02401- W/050214- 26/170873 MARIPOSA , FL 0.16 SESFWMDPRV 4 11-03265- W/141223- 17/259880 ANDALUCIA , FL 0.17 SSFWMDPRV 5 11-03840- W/160923- 3/274954 THRIVE OF NAPLES , FL 0.27 NWSFWMDPRV 6 11-02386- W/050228- 9/127251 BELLAGIO APARTMENTS , FL 0.29 SWSFWMDPRV For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 33 60 Report Date: 6/14/2017 SFWMDPRV Page 1 of 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT PRIVATE WATER SUPPLY SYSTEMS (SFWMDPRV) 091118-7 AVOW HOSPICE 11-03108-W 1MAP ID NUMBER:S F W M D PERMIT NO, APPL NO and PROJECT NAME : Dist (Miles):0.09 Direction:NE ACRES SRVD:4.04 LAND USE:Landscape WELL DIA:0 WELL DEPTH:0 CASING DEPTH:0 WATER USE:Irrigation STATION TYPE:PUMP PUMP TYPE:Centrifugal PUMP DEPTH:0 PUMP CAP:90 USE STATUS:Primary FAC STATUS:Proposed SOURCE:On-site Lake(s) STATION ID:253566 PERMIT TYPE:General STATION NAME:P-2 PUMP DIA:1.5 PUMP INTAKE 7CULVERT DIA:0 For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 34 61 Report Date: 6/14/2017 SFWMDPRV Page 1 of 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT PRIVATE WATER SUPPLY SYSTEMS (SFWMDPRV) 091118-7 AVOW HOSPICE 11-03108-W 2MAP ID NUMBER:S F W M D PERMIT NO, APPL NO and PROJECT NAME : Dist (Miles):0.10 Direction:NW ACRES SRVD:4.04 LAND USE:Landscape WELL DIA:0 WELL DEPTH:0 CASING DEPTH:0 WATER USE:Irrigation STATION TYPE:PUMP PUMP TYPE:Centrifugal PUMP DEPTH:0 PUMP CAP:90 USE STATUS:Primary FAC STATUS:Proposed SOURCE:On-site Lake(s) STATION ID:253565 PERMIT TYPE:General STATION NAME:P-1 PUMP DIA:1.5 PUMP INTAKE 7CULVERT DIA:0 For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 35 62 Report Date: 6/14/2017 SFWMDPRV Page 1 of 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT PRIVATE WATER SUPPLY SYSTEMS (SFWMDPRV) 020118-7 NEXTEL ON WHIPPOORWILL PROPERTY 11-02067-W 3MAP ID NUMBER:S F W M D PERMIT NO, APPL NO and PROJECT NAME : Dist (Miles):0.16 Direction:SE ACRES SRVD:0.1 LAND USE:Landscape WELL DIA:4 WELL DEPTH:60 CASING DEPTH:50 WATER USE:Irrigation STATION TYPE:WELL PUMP TYPE:Submersible PUMP DEPTH:30 PUMP CAP:25 USE STATUS:Primary FAC STATUS:Proposed SOURCE:Lower Tamiami Aquifer STATION ID:117320 PERMIT TYPE:General STATION NAME:Well #1 PUMP DIA:0 PUMP INTAKE 0CULVERT DIA:0 For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 36 63 Report Date: 6/14/2017 SFWMDPRV Page 2 of 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT PRIVATE WATER SUPPLY SYSTEMS (SFWMDPRV) 040225-29 BRYNWOOD PRESERVE 11-02119-W 3MAP ID NUMBER:S F W M D PERMIT NO, APPL NO and PROJECT NAME : Dist (Miles):0.16 Direction:SE ACRES SRVD:6.1 LAND USE:Landscape WELL DIA:0 WELL DEPTH:0 CASING DEPTH:0 WATER USE:Irrigation Water Replaceme STATION TYPE:PUMP PUMP TYPE:Centrifugal PUMP DEPTH:0 PUMP CAP:150 USE STATUS:Primary FAC STATUS:Proposed SOURCE:On-site Lake(s) STATION ID:121689 PERMIT TYPE:General STATION NAME:Pump #1 PUMP DIA:4 PUMP INTAKE 5CULVERT DIA:0 ACRES SRVD:6.1 LAND USE:Landscape WELL DIA:0 WELL DEPTH:0 CASING DEPTH:0 WATER USE:Irrigation Water Replaceme STATION TYPE:PUMP PUMP TYPE:Centrifugal PUMP DEPTH:0 PUMP CAP:150 USE STATUS:Primary FAC STATUS:Proposed SOURCE:On-site Lake(s) STATION ID:121690 PERMIT TYPE:General STATION NAME:Pump #2 PUMP DIA:4 PUMP INTAKE 5CULVERT DIA:0 ACRES SRVD:6.1 LAND USE:Landscape WELL DIA:0 WELL DEPTH:0 CASING DEPTH:0 WATER USE:Irrigation Water Replaceme STATION TYPE:PUMP PUMP TYPE:Centrifugal PUMP DEPTH:0 PUMP CAP:50 USE STATUS:Primary FAC STATUS:Proposed SOURCE:On-site Lake(s) STATION ID:121691 PERMIT TYPE:General STATION NAME:Pump #3 PUMP DIA:2 PUMP INTAKE 5CULVERT DIA:0 ACRES SRVD:6.1 LAND USE:Landscape WELL DIA:6 WELL DEPTH:90 CASING DEPTH:60 WATER USE:Irrigation Water Replaceme STATION TYPE:WELL PUMP TYPE:Submersible PUMP DEPTH:-30 PUMP CAP:35 USE STATUS:Primary FAC STATUS:Proposed SOURCE:Lower Tamiami Aquifer STATION ID:121692 PERMIT TYPE:General STATION NAME:Well #1 PUMP DIA:0 PUMP INTAKE 0CULVERT DIA:0 For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 37 64 Report Date: 6/14/2017 SFWMDPRV Page 3 of 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT PRIVATE WATER SUPPLY SYSTEMS (SFWMDPRV) 050214-26 MARIPOSA 11-02401-W 3MAP ID NUMBER:S F W M D PERMIT NO, APPL NO and PROJECT NAME : Dist (Miles):0.16 Direction:SE ACRES SRVD:6.38 LAND USE:Landscape WELL DIA:0 WELL DEPTH:0 CASING DEPTH:0 WATER USE:Irrigation STATION TYPE:PUMP PUMP TYPE:Turbine PUMP DEPTH:0 PUMP CAP:150 USE STATUS:Primary FAC STATUS:Proposed SOURCE:On-site Lake(s) STATION ID:170871 PERMIT TYPE:General STATION NAME:SWP-1 PUMP DIA:4 PUMP INTAKE 12CULVERT DIA:0 ACRES SRVD:6.38 LAND USE:Landscape WELL DIA:6 WELL DEPTH:70 CASING DEPTH:50 WATER USE:Irrigation Water Replaceme STATION TYPE:WELL PUMP TYPE:Submersible PUMP DEPTH:-15 PUMP CAP:150 USE STATUS:Primary FAC STATUS:Proposed SOURCE:Lower Tamiami Aquifer STATION ID:170873 PERMIT TYPE:General STATION NAME:Irrigation Water Well - PUMP DIA:0 PUMP INTAKE 0CULVERT DIA:0 For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 38 65 Report Date: 6/14/2017 SFWMDPRV Page 1 of 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT PRIVATE WATER SUPPLY SYSTEMS (SFWMDPRV) 141223-17 ANDALUCIA 11-03265-W 4MAP ID NUMBER:S F W M D PERMIT NO, APPL NO and PROJECT NAME : Dist (Miles):0.17 Direction:S ACRES SRVD:1 LAND USE:Landscape WELL DIA:0 WELL DEPTH:0 CASING DEPTH:0 WATER USE:Irrigation STATION TYPE:PUMP PUMP TYPE:None PUMP DEPTH:0 PUMP CAP:0 USE STATUS:Proposed But Never Constructed FAC STATUS:Proposed SOURCE:On-site Lake(s) STATION ID:259880 PERMIT TYPE:General STATION NAME:SWP - 1 PUMP DIA:0 PUMP INTAKE 0CULVERT DIA:0 For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 39 66 Report Date: 6/14/2017 SFWMDPRV Page 1 of 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT PRIVATE WATER SUPPLY SYSTEMS (SFWMDPRV) 160923-3 THRIVE OF NAPLES 11-03840-W 5MAP ID NUMBER:S F W M D PERMIT NO, APPL NO and PROJECT NAME : Dist (Miles):0.27 Direction:NW ACRES SRVD:13.65 LAND USE:Landscape WELL DIA:6 WELL DEPTH:70 CASING DEPTH:50 WATER USE:Irrigation STATION TYPE:WELL PUMP TYPE:Submersible PUMP DEPTH:20 PUMP CAP:100 USE STATUS:Primary FAC STATUS:Proposed SOURCE:Lower Tamiami Aquifer STATION ID:274954 PERMIT TYPE:Individual STATION NAME:PW-1 PUMP DIA:0 PUMP INTAKE 20CULVERT DIA:0 For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 40 67 Report Date: 6/14/2017 SFWMDPRV Page 1 of 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT PRIVATE WATER SUPPLY SYSTEMS (SFWMDPRV) 050228-9 BELLAGIO APARTMENTS 11-02386-W 6MAP ID NUMBER:S F W M D PERMIT NO, APPL NO and PROJECT NAME : Dist (Miles):0.29 Direction:SW ACRES SRVD:7.42 LAND USE:Landscape WELL DIA:4 WELL DEPTH:80 CASING DEPTH:70 WATER USE:Irrigation STATION TYPE:WELL PUMP TYPE:Submersible PUMP DEPTH:60 PUMP CAP:70 USE STATUS:Primary FAC STATUS:Proposed SOURCE:Lower Tamiami Aquifer STATION ID:127251 PERMIT TYPE:General STATION NAME:Well 2 PUMP DIA:0 PUMP INTAKE 0CULVERT DIA:0 For further information please contact us at 800-368-7376 Copyright © 1990-2017 Environmental Data Management, Inc. Use of this information is strictly limited by EDM's authorization agreement, acknowledged by our clients for each report. 41 68 Agency List Descriptions USEPA and State Databases are updated on a quarterly basis. Supplemental Databases are updated on an annual basis. Florida Department of Environmental Protection (FDEP) The FDEP Brownfields database contains a listing of State Designated Brownfield Areas and Brownfield Sites. Brownfields are typically defined as abandoned, idled or underused industrial and commercial sites where expansion or redevelopment is complicated by real or perceived environmental contamination. State Designated Brownfields(BRWNFLDS) Agency File Date:4/3/2017 Received by EDM:4/5/2017 EDM Database Updated:4/5/2017 The FDEP Dry Cleaning Facilities List is comprised of data from the FDEP Storage Tank and Contamination Monitoring (STCM) database and the Drycleaning Solvent Cleanup Program - Priority Ranking List. It contains a listing of those Dry Cleaning sites (and suspected historical Dry Cleaning sites) who have registered with the FDEP and/or have applied for the Dry Cleaning Solvent Cleanup Program. Dry Cleaners List(DRY) Agency File Date:3/2/2017 Received by EDM:4/6/2017 EDM Database Updated:4/6/2017 The FDEP Dinking Water Program Basic Facility Report and Public Water System Well data contain information on the location and type of public water systems and wells regulated by the department. FDEP Public Water Systems(FLPWS) Agency File Date:4/5/2017 Received by EDM:4/7/2017 EDM Database Updated:4/10/2017 The FDEP Institutional Controls Registry Database (INSTENG) contains sites that have had Institutional and/or Engineering Controls implemented to regulate exposure to environmental hazards Institutional and/or Engineering Controls(INSTENG) Agency File Date:2/6/2017 Received by EDM:2/15/2017 EDM Database Updated:2/17/2017 The FDEP LUST list identifies facilities and/or locations that have notified the FDEP of a possible release of contaminants from petroleum storage systems. This Report is generated from the FDEP Storage Tank and Contamination Monitoring Database (STCM). Leaking Underground Storage Tanks List(LUST) Agency File Date:2/7/2017 Received by EDM:2/27/2017 EDM Database Updated:2/27/2017 The FDEP SLDWST list identifies locations that have been permitted to conduct solid waste handling activities including Landfills, Transfer Stations and sites handling Bio-Hazardous wastes. Sites listed with "##" after the Facility ID Number are historical locations, obtained from documents on record at local agencies. Solid Waste Facilities List(SLDWST) Agency File Date:3/22/2017 Received by EDM:3/22/2017 EDM Database Updated:3/22/2017 The STCERC list is compiled from the FDEP Site Investigation Section list, the Florida SITES list(historical) and the FDEP Cleanup Sites list. These sites are being assessed and/or cleaned up as a result of identified or suspected contamination from the release of hazardous substances. The FDEP Cleanup Sites list programs include: Brownfields, Petroleum, EPA Superfund (CERCLA), Drycleaning, Responsible Party Cleanup, State Funded Cleanup, State Owned Lands Cleanup and Hazardous Waste Cleanup. State CERCLIS/SEMS Equivalent(STCERC) Agency File Date:8/27/2016 Received by EDM:2/27/2017 EDM Database Updated:2/27/2017 The FDEP State Funded Cleanup list contains facilities and/or locations where there are no viable responsible parties; the site poses an imminent hazard; and the site does not qualify for Superfund or is a low priority for EPA. Remedial efforts at these sites are currently being addressed through State funded cleanup action. State NPL Equivalent(STNPL) Agency File Date:11/4/2016 Received by EDM:2/14/2017 EDM Database Updated:2/15/2017 The FDEP TANKS list contains sites with registered aboveground and underground storage tanks containing regulated petroleum products. Underground/Aboveground Storage Tanks(TANKS) Agency File Date:2/7/2017 Received by EDM:2/23/2017 EDM Database Updated:2/23/2017 The VOLCLNUP List is derived from the FDEP Brownfields Site Rehabilitation Agreement (BSRA) database and the FDEP Office of Waste Cleanup Responsible Party Sites database. This list identifies those sites that have signed an agreement to Voluntarily cleanup a site and/or sites where legal responsibility for site rehabilitation exists pursuant to Florida Statutes and is being conducted either voluntarily or pursuant to enforcement activity. Voluntary Cleanup List(VOLCLNUP) Agency File Date:3/4/2017 Received by EDM:3/21/2017 EDM Database Updated:3/22/2017 42 69 Florida Department of Health (FDOH) The FDOH Well Surveillance group manages several programs to identify and monitor areas in Florida where contaminated drinking water is suspected and may pose a threat to public health. The section coordinates with the County Health Departments to locate potable wells and conduct water sampling for contaminants of concern. This report contains data on public water wells that is contained in the Well Surveillance Program database. FDOH Well Surveillance Program Public Water Wells(WELLSADOHC) Agency File Date:3/4/2016 Received by EDM:3/4/2016 EDM Database Updated:6/8/2016 The FDOH Well Surveillance group manages several programs to identify and monitor areas in Florida where contaminated drinking water is suspected and may pose a threat to public health. The section coordinates with the County Health Departments to locate potable wells and conduct water sampling for contaminants of concern. This report contains data on private water wells that is contained in the Well Surveillance Program database. FDOH Well Surveillance Program Private Water Wells(WELLSADOHN) Agency File Date:3/4/2016 Received by EDM:3/4/2016 EDM Database Updated:6/8/2016 Florida Water Management District (WMD) The South Florida Water Management District (SFWMD) Water Use Regulation Facility database contains information on private well, pump and culvert locations as specified on Water Use Permits. These sites include uses for irrigation, commercial use, dewatering/mining and power. They do not include private potable sources, as they do not require SFW MD permitting. SFWMD Private Water Well Report(SFWMDPRV) Agency File Date:4/14/2017 Received by EDM:4/28/2017 EDM Database Updated:5/8/2017 The South Florida Water Management District (SFWMD) Water Use Regulation Facility database contains information on permitted Public Water Supply well, pump and culvert locations as specified on Water Use Permits. SFWMD Public Water Supply Report(SFWMDPUB) Agency File Date:4/14/2017 Received by EDM:4/28/2017 EDM Database Updated:5/8/2017 The St Johns River Water Management District (SJRWMD) Consumptive Use Permit database contains information on the location and characteristics of permitted water well and pump stations used for private purposes. SJRWMD Private Water Well Report(SJRWMDPRV) Agency File Date:5/16/2017 Received by EDM:5/16/2017 EDM Database Updated:5/17/2017 The St Johns River Water Management District (SJRWMD) Consumptive Use Permit database contains information on the location and characteristics of permitted water well and pump stations used for Public Water Supply. SJRWMD Public Water Supply Report(SJRWMDPUB) Agency File Date:5/16/2017 Received by EDM:5/16/2017 EDM Database Updated:5/17/2017 The Southwest Florida Water Management District (SWFWMD) Well Construction Permit database contains information on the location and characteristics of SWFWMD Domestic Water Supply wells. Due to gross locational inaccuracies in the data prior to 2007, only data related to Permits issued after January 2007 is presented. SWFWMD Domestic Water Supply Report(SWFWMDDOM) Agency File Date:1/17/2017 Received by EDM:1/17/2017 EDM Database Updated:1/25/2017 The Southwest Florida Water Management District (SWFWMD) Water Use Permit and Well Construction Permit databases contain information on the location and characteristics of SWFWMD Pulic Water Supply wells and withdrawal points. SWFWMD Public Water Supply Report(SWFWMDPUB) Agency File Date:7/11/2016 Received by EDM:7/11/2016 EDM Database Updated:1/25/2017 United States Environmental Protection Agency (EPA) The US EPA Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) database tracks potential and confirmed hazardous waste sites at which the EPA Superfund program has some involvement. It contains sites that are proposed to be on the NPL, are on the NPL and sites that are in the screening and assessment phase for possible inclusion on the NPL. The CERCLIS database was retired in November of 2013 and has been replaced by the Superfund Enterprise Management System (SEMS). Comprehensive Env Response, Compensation & Liability Information System List(CERCLIS) Agency File Date:11/12/2013 Received by EDM:2/18/2016 EDM Database Updated:2/18/2016 The US EPA Corrective Action Sites (CORRACTS) database is a listing of hazardous waste handlers that have undergone RCRA corrective action activity. RCRIS Handlers with Corrective Action(CORRACTS) Agency File Date:4/19/2017 Received by EDM:5/9/2017 EDM Database Updated:5/10/2017 43 70 The Emergency Response Notification System (ERNS) database stores information on oil discharges and hazardous substance releases. The ERNS program is a cooperative data sharing effort among the EPA, DOT and the National Response Center (NRC), which currently provides access to this data. Emergency Response Notification System List(ERNS) Agency File Date:3/26/2017 Received by EDM:3/26/2017 EDM Database Updated:4/4/2017 The US EPA NFRAP list contains archived data of CERCLIS records where the EPA has completed assessment activities and determined that no further steps to list the site on the NPL will be taken. NFRAP sites may be reviewed in the future to determine if they should be returned to CERCLIS based upon newly identified contamination problems at the site. The NFRAP database was retired in November of 2013 and has been replaced by the Superfund Enterprise Management System (SEMS) . Archived Cerclis Sites(NFRAP) Agency File Date:10/25/2013 Received by EDM:2/18/2016 EDM Database Updated:2/18/2016 The EDM NONTSD list is a subset of the US EPA RCRAInfo System and identifies facilities that generate and transport hazardous wastes. These facilities may be Large Quantity Generators (LQG), Small Quantity Generators (SQG), Conditionally Exempt SQG's (CESQG) as well as" Non- Notifiers" and "Non-Handlers". RCRA-LQG,SQG,CESQG and Transporters(NONTSD) Agency File Date:4/18/2017 Received by EDM:5/4/2017 EDM Database Updated:5/9/2017 The US EPA National Priorities List (NPL) contains facilities and/or locations where environmental contamination has been confirmed and prioritized for cleanup activities under the Superfund Program. EDM's NPL Report includes sites that are currently on the NPL as well as sites that have been Proposed, Withdrawn and/or Deleted from the list. Previously, information for the NPL was managed under the CERLIS data management system. In 2014 this system was replaced with the Superfund Enterprise Management System (SEMS). EPA las updated CERCLIS in November of 2013. EDM's NPL Report contains available SEMS data and the archived CERCLIS data relative to NPL sites. National Priorities List(NPL) Agency File Date:12/5/2016 Received by EDM:2/13/2017 EDM Database Updated:2/14/2017 The US EPA Superfund Enterprise Management System (SEMS) tracks potential and confirmed hazardous waste sites at which the EPA Superfund program has some involvement. The SEMSACTV list contains sites that are on the National Priorities List (NPL) as well as sites that are prosposed for or in the screening and assessment phase for possible inclusion on the NPL. SEMS has replaced the CERCLIS database, which was retired in November of 2013. Superfund Enterprise Management System Active Site Inventory List(SEMSACTV) Agency File Date:2/7/2017 Received by EDM:4/4/2017 EDM Database Updated:4/4/2017 The US EPA Superfund Enterprise Management System (SEMS), contains archived data of CERCLIS or SEMS records where the EPA has completed assessment activities and determined that no further steps to list the site on the NPL will be taken. These sites may be reviewed in the future to determine if they should be returned to SEMS based upon newly identified contamination problems at the site. SEMS has replaced the CERCLIS database, which was retired in November of 2013. The SEMSARCH database contains these newly archived records under the SEMS database management system. Superfund Enterprise Management System Archived Site Inventory List(SEMSARCH) Agency File Date:2/7/2017 Received by EDM:4/4/2017 EDM Database Updated:4/5/2017 EDM's Tribal LUST list is derived from the USEPA Region IV Tribal Tanks database by extracting those sites with indicators of past and/or current releases. Tribal Lust List(TRIBLLUST) Agency File Date:2/24/2010 Received by EDM:3/9/2010 EDM Database Updated:3/9/2010 The USEPA Region IV Tribal Tanks database lists Active and Closed storage tank facilities on Native American lands. Tribal Tanks List(TRIBLTANKS) Agency File Date:2/24/2010 Received by EDM:3/9/2010 EDM Database Updated:3/9/2010 The EDM TSD list is a subset of the US EPA RCRAInfo system and identifies facilities that Treat, Store and/or Dispose of hazardous waste. RCRA-Treatment, Storage and/or Disposal Sites(TSD) Agency File Date:4/18/2017 Received by EDM:5/4/2017 EDM Database Updated:5/9/2017 The US EPA Brownfields program provides information on environmentally distressed properties that have received Grants or Targeted funding for cleanup and redevelopment . Tribal Brownfield sites are included in the USBRWNFLDS database. Brownfields Management System(USBRWNFLDS) Agency File Date:1/18/2017 Received by EDM:2/13/2017 EDM Database Updated:2/13/2017 The USINSTENG list is compiled from data elements contained in the NPL, CORRACTS and USBRWNFLDS lists. Institutional and/or Engineering Controls(USINSTENG) Agency File Date:1/18/2017 Received by EDM:2/13/2017 EDM Database Updated:2/13/2017 44 71 Environmental Impact Areas The FDEP Brownfields database contains a listing of State Designated Brownfield Areas and Brownfield Sites. Brownfields are typically defined as abandoned, idled or underused industrial and commercial sites where expansion or redevelopment is complicated by real or perceived environmental contamination. Brownfield Areas and Sites Agency File Date:1/6/2017 Received by EDM:12/28/2016 EDM Database Updated:1/6/2017 http://www.dep.state.fl.us/mainpage/programs/brownfields.htm From the 1910's through the 1950's, vats were filled with an arsenic solution for the control and eradication of the cattle fever tick. Other pesticides such as DDT where also widely used. By State law, all cattle, horses, mules, goats, and other susceptible animals were required to be dipped every 14 days. Under certain circumstances, the arsenic and other pesticides remaining at the site may present an environmental or public health hazard. Some of the sites have been located and are currently under investigation. However, most of the listings are from old records of the State Livestock Board, which listed each vat as it was put into operation. In addition, some privately operated vats may have existed which were not listed by the Livestock Board. EDM's Cattle Dipping Vat sites are retrieved from the Voluntary Cleanup and STCERC datablases. For additional information on Cattle Dipping Vats visit the FDOH and FDEP websites at: Cattle Dipping Vats Agency File Date:9/21/2016 Received by EDM:9/30/2016 EDM Database Updated:9/30/2016 http://www.dep.state.fl.us/waste/categories/wc/pages/cattledip.htm http://www.dep.state.fl.us/water/nonpoint/cdv.htm The DoD is responsible for the environmental restoration of properties that were formerly owned by, leased to or otherwise possessed by the United States and operated under the jurisdiction of the Secretary of Defense prior to October 1986. Such properties are known as Formerly Used Defense Sites (FUDS). The Army is the executive agent for the program and the U.S. Army Corps of Engineers manages and directs the program's administration. For more information on the FUDS Program, including maps and data on individual sites, visit the Army Corps of Engineers website at: Formerly Used Defense Sites Agency File Date:11/22/2016 Received by EDM:1/27/2017 EDM Database Updated:1/27/2017 http://www.usace.army.mil/Missions/Environmental/Formerly-Used-Defens The DoD developed the Military Munitions Response Program (MMRP) in 2001 to addresses munitions-related concerns, including explosive safety, environmental, and health hazards from releases of unexploded ordnance (UXO), discarded military munitions (DDM), and munitions constituents (MC) found at locations, other than operational ranges, on active and Base Realignment and Closure (BRAC) installations and Formerly Used Defense Sites (FUDS) properties. The MMRP addresses non-operational range lands with suspected or known hazards from munitions and explosives of concern (MEC) which occurred prior to September 2002, but are not already included with an Installation Response Program (IRP) site cleanup activity. For more information on the FUDS MMRP Program, including maps and data on individual sites, visit the Army Corps of Engineers website at: FUDS Munitions Response Sites Agency File Date:11/22/2016 Received by EDM:1/27/2017 EDM Database Updated:1/27/2017 http://www.asaie.army.mil/Public/ESOH/mmrp.html The Ground Water Contamination Areas GIS layer is a statewide map showing the boundaries of delineated areas of known groundwater contamination pursuant to Chapter 62-524, F.A.C., New Potable W ater Well Permitting In Delineated Areas. 38 Florida counties have been delineated primarily for the agricultural pesticide ethylene dibromide (EDB), and to a much lesser extent, volatile organic and petroleum contaminants. This GIS layer represents approximately 427,897 acres in 38 counties in Florida that have been delineated for groundwater contamination. However, it does not represent all known sources of groundwater contamination for the state of Florida. This information is intended to be used by regulatory agencies issuing potable water well construction permits in areas of ground water contamination to protect public health and the ground water resource. Permitted water wells in these areas must meet specific well construction criteria and water testing prior to well use. This dataset only indicates the presence or absence of specific groundwater contaminants and does not represent all known sources of groundwater contamination in the state of Florida. Groundwater Contamination Areas Agency File Date:10/15/2010 Received by EDM:3/25/2013 EDM Database Updated:3/26/2013 http://www.dep.state.fl.us/water/groundwater/delineate.htm The US EPA National Priorities List (NPL) contains facilities and/or locations where environmental contamination has been confirmed and prioritized for cleanup activities under the Superfund Program. EDM's NPL site boundaries data include sites that are currently on the NPL as well as sites that have been Proposed, Withdrawn and/or Deleted from the list. National Priorities List Agency File Date:3/26/2007 Received by EDM:8/3/2008 EDM Database Updated:8/3/2008 https://www.epa.gov/superfund/search-superfund-sites-where-you-live 45 72 The FDEP State Funded Cleanup list contains facilities and/or locations where there are no viable responsible parties; the site poses an imminent hazard; and the site does not qualify for Superfund or is a low priority for EPA. Remedial efforts at these sites are currently being addressed through State funded cleanup action. State Funded Cleanup Sites Agency File Date:8/1/2007 Received by EDM:8/4/2008 EDM Database Updated:8/4/2008 http://www.dep.state.fl.us/waste/categories/wc/pages/stat_1199.htm 46 73 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com APPENDIX C EDM HISTORIC AERIAL REPORT 74 Historical Aerial Photograph Report Subject Property: 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 Prepared For: Earth Tech Environmental, LLC 1455 Rail Head Blvd Suite 8 Naples, FL 34110 Prepared By: Environmental Data Management, Inc. 2840 West Bay Drive, Suite 208 Largo, Florida 33770 June 14, 2017 1 75 Environmental Data Management, Inc. 2840 West Bay Drive, Suite 208 Largo, Florida 33770 (727) 586-1700 http://www.edm-net.com June 14, 2017 Jeremy Sterk Earth Tech Environmental, LLC 1455 Rail Head Blvd Suite 8 Naples, FL 34110 Subject: Historical Aerial Photos-- EDM Project #: 23925 Client P.O. #: 1301 Whippoorwill Ln Dear Mr. Sterk: Thank you for choosing Environmental Data Management, Inc. The following report contains a series of Historical Aerial Photographic images for the following location: 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 These images were selected to provide you with an aerial photographic record of this location at approximate ten year intervals and/or one photograph per decade, where available. Should you have any questions regarding this report or our service, please feel free to contact us. We appreciate the opportunity to be of service to you and look forward to working with you in the future. ENVIRONMENTAL DATA MANAGEMENT, INC. 2 76 Source: Florida Department of Transportation Map Scale and Property Boundaries are Approximate Aerial Photo Image 2016 Approximate Site Location Subject Property 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 3 77 Source: Florida Department of Transportation Map Scale and Property Boundaries are Approximate Aerial Photo Image 2005 Approximate Site Location Subject Property 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 4 78 Source: Florida Department of Transportation Map Scale and Property Boundaries are Approximate Aerial Photo Image 1993 Approximate Site Location Subject Property 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 5 79 Source: Florida Department of Transportation Map Scale and Property Boundaries are Approximate Aerial Photo Image 1985 Approximate Site Location Subject Property 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 6 80 Source: Florida Department of Transportation Map Scale and Property Boundaries are Approximate Aerial Photo Image 1973 Approximate Site Location Subject Property 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 7 81 Source: University of Florida Map Scale and Property Boundaries are Approximate Aerial Photo Image 1962 Approximate Site Location Subject Property 1301 Whippoorwill Ln Parcel: 00286520003 Naples, Florida 34105 EDM Job No: 23925 June 14, 2017 8 82 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com APPENDIX D SITE PHOTOGRAPHS 83 Site Photographs !"#$ Photo 1: Southeast property corner facing north Photo 2: Southeast property corner facing west 84 Site Photographs !"#$ Photo 3: Northeast property corner, facing south, showing Whippoorwill Lane Photo 4: Northeast property corner, facing west 85 Site Photographs !"#$ Photo 5: Western property edge (flooded) Photo 6: South of lake, facing east 86 Site Photographs !"#$ Photo 7: Lake facing west Photo 8: West end of lake, looking east 87 Site Photographs !"#$ Photo 9: Main house Photo 10: Main house 88 Site Photographs !"#$ Photo 11: Rear house Photo 12: Storage sheds 89 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com APPENDIX E STAFF QUALIFICATIONS 90 239.304.0030 | www.eteflorida.com E a r t h Tech Environmental, LLC www.etenviron.com Relevant Experience Ms. Bobka joined Earth Tech Environmental LLC in 2016 as an Ecologist with more than 5 years of private and public sector experience in the environmental field. Her experience includes projects throughout Collier, Lee and Gallatin counties. Her varied experience spans coastal marine, shoreline and estuarine habitats, to upland forests and alpine environments. She has worked with a wide variety of native and invasive plant and wildlife species. She is also an experienced Naturalist and Environmental Educator. As an Ecologist, Jennifer fulfills duties in environmental consulting, wetland & wildlife monitoring, species surveys, invasive species removal, report writing, GIS mapping, and ERP permitting. Jennifer’s work experience in many fields of ecology includes: Wetland Delineation Protected Species Surveys Listed Species Research & Monitoring Turbidity Monitoring Vegetation & Habitat Mapping Bald Eagle Monitoring Gopher Tortoise Surveys and Relocation GIS Mapping Environmental Resource Permitting (ERP) Invasive & Exotic Species Removal Natural Resource Management Trail Maintenance Mechanical & Manual Forest Fuel Reduction Ecological Restoration Environmental Education Relevant Certifications/Credentials Certified Interpretive Guide Python Responder/Patrol Training USFS Sawyer JENNIFER BOBKA Ecologist jenniferb@eteflorida.com 239.304.0030 Years’ Experience 5 years Education/Training Naturalist II & Environmental Educator (2012-2016) Manatee Research Intern Florida Conservation Commission (2013) AmeriCorps Field Crew Leader Montana Conservation Corps (2010) B.A. Environmental Studies Montana State University (2009) Marine Biology & Coastal Ecology Study Abroad Costa Rica (2007) Professional Affiliations Florida Association of Environmental Professionals League of Environmental Educators of Florida Florida Master Naturalist Program 91 239.304.0030 | www.eteflorida.com E a r t h Tech Environmental, LLC www.etenviron.com Relevant Experience Jeremy has been an environmental consultant in Southwest Florida since 1994 and has worked on projects throughout Collier, Lee, Hendry, DeSoto, Glades, and Charlotte counties. His varied experience spans marine, upland, and estuarine habitats and includes extensive work with a wide variety of listed species. In addition to authoring dozens of habitat and species management plans, in 2007, Jeremy co- authored the first habitat conservation plan (HCP) in the nation to address incidental take issues for both red cockaded woodpeckers (RCW) and Florida panther on the same property. In 1998, he wrote an ecological assessment computer model for the South Florida Water Management District as part of the South Lee County Watershed Study. Early in his career, Jeremy was the principal investigator of a field research project in the Bahamas that utilized telemetry tracking to study the swimming speed of sub-adult lemon sharks. Jeremy’s environmental consulting experience includes: Protected Species Surveys Environmental Resource Permitting (ERP) Listed Species Management Plans Turbidity Monitoring Vegetation & Habitat Mapping Wetland & Water Level Monitoring USFWS Section 7 & Section 10 Permitting Environmental Impact Statements (EIS) Water Use Monitoring & Compliance Project Management Preserve Management Plans GIS / GPS Mapping & Exhibits Post Permit Compliance Phase 1 Environmental Site Assessments Environmental Land Use Planning Phase II Environmental Site Assessments Native Vegetation Restoration Plans Lake Management Plans Incidental Take Permitting Due Diligence Reports Site and Aerial Photography Wetland Jurisdictional Determinations USFWS Bald Eagle Monitor Bonneted Bat Surveys Gopher Tortoise Surveys, Permitting, & Relocations Mangrove Assessments & Restorations Scrub Jay Surveys Hard Bottom & Soft Bottom Benthic Surveys Burrowing Owl Surveys Artificial Reef Deployments Shorebird Surveys Seagrass Surveys Certifications/Credentials Certified Environmental Professional #1692037, Academy of Board Certified Environmental Professionals Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent – Permit No. GTA-09-00192 Florida Association of Environmental Professionals – member since January 1995; served on the Board of Directors for the Southwest Florida Chapter from (2008 – 2012). Past Secretary, Vice President, & President. State of Florida Real Estate License (2003 to Present) Appointed by the Collier County Board of County Commissioners to:  Conservation Collier Land Acquisition Advisory Committee, Chairman of the Lands Evaluation and Management Subcommittee. (2009 to 2014).  Collier County Development Services Advisory Committee (DSAC) (2015 to Present).  FWC Local Rule Review Committee (Manatee Protection Speed Zones) (2016 to Present). Publications Sundström, L.F., J. Sterk, & S.H. Gruber. 1998. Effects of a speed-sensing transmitter on the swimming speed of lemon sharks. Bahamas J. Sci. 6 (1): 12-22. JEREMY STERK, C.E.P. Partner \ Senior Ecologist j.sterk@eteflorida.com 239.595.4929 Years Experience 22 years Education/Training B.S. Aquatic Biology (1994), St. Cloud State University Professional Affiliations Academy of Board Certified Environmental Professionals #16992037 Florida Association of Environmental Professionals 92 PHASE I ESA Earth Tech Environmental, LLC 1455 Rail Head Blvd, Suite 8, Naples, FL, 34110 www.eteflorida.com APPENDIX F REGULATORY AGENCY RECORDS 93 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTH DISTRICT P.O. BOX 2549 FORT MYERS, FL 33902-2549 RICK SCOTT GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY www.dep.state.fl.us May 30, 2013 VIA ELECTRONIC MAIL Brent Puzak The Pantry, Inc. 305 Gregson Drive Cary, North Carolina 27511 E-mailed to: BrentP@thepantry.com Re: Collier County – TK/BWC The Pantry #3860 (dba: Kangaroo Express #3860) 4025 Pine Ridge Road Naples, Florida 34119-4002 Discharge Date: January 13, 2012 FDEP Facility ID No. 9803424 Dear Mr. Puzak: The South District has reviewed the Source Removal Report (SRR), dated April 22, 2013 (received April 26, 2013), prepared and submitted by TERRA-COM Environmental Consultants, Inc. (TERRA-COM), for the referenced facility. All the documents submitted to date are adequate to meet the site assessment requirements of Rule 62-770.680(1) Florida Administrative Code (F.A.C.). The SRR is hereby incorporated by reference in this Site Rehabilitation Completion Order (Order). Therefore, you are released from any further obligation to conduct site rehabilitation at the site for petroleum product contamination associated with the discharge referenced above, except as set forth below. 1) In the event concentrations of petroleum products’ contaminants of concern increase above the levels approved in this Order, or if a subsequent discharge of petroleum or petroleum product occurs at the site, the Florida Department of Environmental Protection (Department) may require site rehabilitation to reduce concentrations of petroleum products’ contaminants of concern to the levels approved in the SRCO or otherwise allowed by Chapter 62-770, F.A.C. 2) Additionally, you are required to properly abandon all monitoring wells, except compliance wells required by Chapter 62-761, F.A.C., for release detection, within 60 days of receipt of this Order. The monitoring wells must be plugged and abandoned in accordance with the requirements of Subsection 62-532.500(5), F.A.C. Legal Issues The Department’s Order shall become final unless a timely petition for an administrative hearing is filed under sections 120.569 and 120.57, Florida Statutes (F.S.), within 21 days of receipt of this Order. The procedures for petitioning for an administrative hearing are set forth below. 94 Brent Puzak Facility ID No. 9803424 May 30, 2013 Page 2 of 4 Persons affected by this Order have the following options: 1) If you choose to accept the Department’s decision regarding the SRR, you do not have to do anything. This Order is final and effective on the date filed with the Clerk of the Department, which is indicated on the last page of this Order. 2) If you choose to challenge the decision, you may do the following: a) File a request for an extension of time to file a petition for an administrative hearing with the Department’s Agency Clerk in the Office of General Counsel within 21 days of receipt of this Order; such a request should be made if you wish to meet with the Department in an attempt to informally resolve any disputes without first filing a petition for an administrative hearing; or b) File a petition for an administrative hearing with the Department’s Agency Clerk in the Office of General Counsel within 21 days of receipt of this Order. Please be advised that mediation of this decision pursuant to section 120.573, F.S., is not available. How to Request an Extension of Time to File a Petition for an Administrative Hearing For good cause shown, pursuant to subsection 62-110.106(4), F.A.C., the Department may grant a request for an extension of time to file a petition for an administrative hearing. Such a request must be filed (received) by the Department’s Agency Clerk in the Office of General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this Order. Petitioner, if different from The Pantry, Inc., shall mail a copy of the request to Brent Puzak (BrentP@thepantry.com), 305 Gregson Drive, Cary, North Carolina 27511, at the time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for an administrative hearing must be made. How to File a Petition for an Administrative Hearing A person whose substantial interests are affected by this Order may petition for an administrative hearing under sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) by the Department’s Agency Clerk in the Office of General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this Order. Petitioner, if different from The Pantry, Inc., shall mail a copy of the request to Brent Puzak (BrentP@thepantry.com), 305 Gregson Drive, Cary, North Carolina 27511, at the time of filing. Failure to file a petition within this time period shall waive the right of anyone who may request an administrative hearing under sections 120.569 and 120.57, F.S. 95 Brent Puzak Facility ID No. 9803424 May 30, 2013 Page 3 of 4 Pursuant to subsection 120.569(2), F.S. and rule 28-106.201, F.A.C., a petition for an administrative hearing shall contain the following information: a) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner’s representative, if any; the facility owner’s name and address, if different from the petitioner; the FDEP facility number, and the name and address of the facility; b) A statement of when and how each petitioner received notice of the Department’s action or proposed action; c) An explanation of how each petitioner’s substantial interests are or will be affected by the Department’s action or proposed action; d) A statement of the disputed issues of material fact, or a statement that there are no disputed facts; e) A statement of the ultimate facts alleged, including a statement of the specific facts the petitioner contends warrant reversal or modification of the Department’s action or proposed action; f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department’s action or proposed action; and g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department’s action or proposed action. This Order is final and effective on the date filed with the Clerk of the Department, which is indicated on the last page of this Order. Timely filing a petition for an administrative hearing postpones the date this Order takes effect until the Department issues either a final order pursuant to an administrative hearing or an Order Responding to Supplemental Information provided to the Department pursuant to meetings with the Department. Judicial Review Any party to this Order has the right to seek judicial review of it under section 120.68, F.S., by filing a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Department’s Agency Clerk in the Office of General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days after this Order is filed with the Department’s clerk (see below). 96 Brent Puzak Facility ID No. 9803424 May 30, 2013 Page 4 of 4 Questions Any questions regarding the Department’s review of your SRR should be directed to Mark A. Sautter at (239) 344-5690 or Mark.Sautter@dep.state.fl.us . Whenever possible, please submit any written response(s) electronically to FTM.Tanks.Cleanup@dep.state.fl.us. Questions regarding legal issues should be referred to the Department’s Office of General Counsel at (850) 245-2242. Contact with any of the above does not constitute a petition for an administrative hearing or a request for an extension of time to file a petition for an administrative hearing. The FDEP Facility Number for this site is 9803424. Please use this identification on all future correspondence with the Department. Sincerely, Jon M. Iglehart Director of District Management South District JMI/MAS/se Enclosures: (1) May 28, 2013 Interoffice Memorandum (2) Site Rehabilitation Completion Approval-SRCO cc: Peter Murch – TERRA-COM (pmurch@terra-comenv.com) Albert D. McLaurin – FDEP (Albert.McLaurin@dep.state.fl.us) Charles A. Masella – FDEP (Charles.Masella@dep.state.fl.us) FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to §120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. 05-30-2013 (Clerk) (Date) 97 Interoffice Memorandum To: Charles A. Masella Bureau of Waste Cleanup-South District CA&E From: Mark A. Sautter Bureau of Waste Cleanup-South District CA&E Date: May 28, 2013 Subject: Collier County - TK/BWC Source Removal Report (SRR) Pantry #3860 (dba: Kangaroo Express #3860) 4025 Pine Ridge Road, Naples, Florida 34119-4002 Facility ID: 9803424 ----------------------------------------------------------------------------------------------------------------------------- The Florida Department of Environmental Protection’s Bureau of Waste Cleanup – South District CA&E has conducted a technical review of the Source Removal Report (SRR) for the Pantry #3860 (dba: Kangaroo Express #3860) facility. The submittal was generated by TERRA-COM Environmental Consulting, Inc. (TERRA-COM), and received by the Department on April 26, 2013. Site activities were initiated to address the petroleum contaminant impacts discovered during the closure of spill buckets, prompting the submittal of the January 13, 2012 Discharge Report Form (DRF), and initiating a site assessment pursuant to Chapter 62-770 Florida Administrative Code (F.A.C.). On March 11 and 12, 2013, TERRA-COM personnel supervised the removal of a 10-foot by 10-foot area of concrete. Following the removal of the overlaying concrete, a “soft-dig” was performed using a vacuum truck to removal the loose soil ranging from the top of the Underground Storage Tank (UST) to approximately 4-feet below land surface (bls). Approximately 9.63 tons of soil were removed from the excavation and transported to a thermal treatment facility for proper disposal. Five (5) confirmation soil samples were collected from the excavation (four sidewalls and bottom) and submitted for laboratory analysis by EPA Method 8260B for Benzene, Toluene, Ethylbenzene, Xylenes, and Methyl Tert Butyl Ether (BTEX/MTBE), EPA Method 8310 for Polycyclic Aromatic Hydrocarbons (PAHs), and by the Florida Residual Petroleum Organics (FL-PRO) Method for Total Recoverable Petroleum Hydrocarbons (TRPH). None of the analytes were detected at the laboratory Method Detection Limits (MDLs), which were below the pertinent Florida Administrative Code (F.A.C.) Chapter 62-777 Soil Cleanup Target Levels (SCTLs). Summary: The Florida Department of Environmental Protection’s South District Bureau of Waste Cleanup CA&E has completed our technical review of the Source Removal Report (SRR). We concur with the environmental consultant that the site qualifies for a No Further Action status. A Site Rehabilitation Completion Approval (SRCA) is appropriate, and No Further Action (NFA) status is approved for the Pantry #3860 (dba Kangaroo Express #3860) facility (Facility I.D. 9803424). Upon receipt of the No Further Action (NFA) approval letter, the responsible party shall properly abandon all groundwater monitoring wells and any piezometers pursuant to South Florida Water Management District (SFWMD) guidelines. 98 SRCO The P 4025 Naple Facil Comp Admi assur _____ Charl Envir Burea Divis May _____ Date O for FAC I Pantry #3860 Pine Ridge es, Florida 3 ity ID: 9803 I hereby c pletion Orde inistrative C rances that th I perso X This r superv __________ les A. Masel ronmental C au of Waste sion of Wast 30, 2013 __________ D # 9803424 0 (dba Kang Road 34119-4002 3424 certify that in er (SRCO) sa Code (F.A.C. he objectives onally comp review was c vision. ___________ lla Consultant Cleanup te Manageme __________ SRCO App 4 garoo Expres n my judgme atisfy the req .), and that th s in Chapter pleted this re conducted by ____ ent – South proval Attac ss #3860) ent, the com quirements s he conclusio 62-770, F.A eview. y Mark A. S District CA& chment mponents of t set forth in C ons in this re A.C., have be autter worki &E this Site Reh Chapter 62-7 port provide een met. ing under my habilitation 770, Florida e reasonable y direct 99 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTH DISTRICT P.O. BOX 2549 FORT MYERS, FL 33902-2549 RICK SCOTT GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY www.dep.state.fl.us May 30, 2013 VIA ELECTRONIC MAIL Brent Puzak The Pantry, Inc. 305 Gregson Drive Cary, North Carolina 27511 E-mailed to: BrentP@thepantry.com Re: Collier County – TK/BWC The Pantry #3919 (dba: Kangaroo Express #3919) 1000 Whippoorwill Lane Naples, Florida 34105-3846 Discharge Date: February 28, 2012 FDEP Facility ID No. 9502425 Dear Mr. Puzak: The South District has reviewed the Source Removal Report (SRR) with Site Rehabilitation Completion Report (SRCR), dated April 22, 2013 (received April 26, 2013), prepared and submitted by TERRA-COM Environmental Consultants, Inc. (TERRA-COM), for the referenced facility. All the documents submitted to date are adequate to meet the site assessment requirements of Rule 62-770.680(1) Florida Administrative Code (F.A.C.). The SRR is hereby incorporated by reference in this Site Rehabilitation Completion Order (Order). Therefore, you are released from any further obligation to conduct site rehabilitation at the site for petroleum product contamination associated with the discharge referenced above, except as set forth below. 1) In the event concentrations of petroleum products’ contaminants of concern increase above the levels approved in this Order, or if a subsequent discharge of petroleum or petroleum product occurs at the site, the Florida Department of Environmental Protection (Department) may require site rehabilitation to reduce concentrations of petroleum products’ contaminants of concern to the levels approved in the SRCO or otherwise allowed by Chapter 62-770, F.A.C. 2) Additionally, you are required to properly abandon all monitoring wells, except compliance wells required by Chapter 62-761, F.A.C., for release detection, within 60 days of receipt of this Order. The monitoring wells must be plugged and abandoned in accordance with the requirements of Subsection 62-532.500(5), F.A.C. Legal Issues The Department’s Order shall become final unless a timely petition for an administrative hearing is filed under sections 120.569 and 120.57, Florida Statutes (F.S.), within 21 days of receipt of this Order. The procedures for petitioning for an administrative hearing are set forth below. 100 Brent Puzak Facility ID No. 9502425 May 30, 2013 Page 2 of 6 Persons affected by this Order have the following options: 1) If you choose to accept the Department’s decision regarding the SRR/SRCR, you do not have to do anything. This Order is final and effective on the date filed with the Clerk of the Department, which is indicated on the last page of this Order. 2) If you choose to challenge the decision, you may do the following: a) File a request for an extension of time to file a petition for an administrative hearing with the Department’s Agency Clerk in the Office of General Counsel within 21 days of receipt of this Order; such a request should be made if you wish to meet with the Department in an attempt to informally resolve any disputes without first filing a petition for an administrative hearing; or b) File a petition for an administrative hearing with the Department’s Agency Clerk in the Office of General Counsel within 21 days of receipt of this Order. Please be advised that mediation of this decision pursuant to section 120.573, F.S., is not available. How to Request an Extension of Time to File a Petition for an Administrative Hearing For good cause shown, pursuant to subsection 62-110.106(4), F.A.C., the Department may grant a request for an extension of time to file a petition for an administrative hearing. Such a request must be filed (received) by the Department’s Agency Clerk in the Office of General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this Order. Petitioner, if different from The Pantry, Inc., shall mail a copy of the request to Brent Puzak (BrentP@thepantry.com), 305 Gregson Drive, Cary, North Carolina 27511, at the time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for an administrative hearing must be made. How to File a Petition for an Administrative Hearing A person whose substantial interests are affected by this Order may petition for an administrative hearing under sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) by the Department’s Agency Clerk in the Office of General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this Order. Petitioner, if different from The Pantry, Inc., shall mail a copy of the request to Brent Puzak (BrentP@thepantry.com), 305 Gregson Drive, Cary, North Carolina 27511, at the time of filing. Failure to file a petition within this time period shall waive the right of anyone who may request an administrative hearing under sections 120.569 and 120.57, F.S. 101 Brent Puzak Facility ID No. 9502425 May 30, 2013 Page 3 of 6 Pursuant to subsection 120.569(2), F.S. and rule 28-106.201, F.A.C., a petition for an administrative hearing shall contain the following information: a) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner’s representative, if any; the facility owner’s name and address, if different from the petitioner; the FDEP facility number, and the name and address of the facility; b) A statement of when and how each petitioner received notice of the Department’s action or proposed action; c) An explanation of how each petitioner’s substantial interests are or will be affected by the Department’s action or proposed action; d) A statement of the disputed issues of material fact, or a statement that there are no disputed facts; e) A statement of the ultimate facts alleged, including a statement of the specific facts the petitioner contends warrant reversal or modification of the Department’s action or proposed action; f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department’s action or proposed action; and g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department’s action or proposed action. This Order is final and effective on the date filed with the Clerk of the Department, which is indicated on the last page of this Order. Timely filing a petition for an administrative hearing postpones the date this Order takes effect until the Department issues either a final order pursuant to an administrative hearing or an Order Responding to Supplemental Information provided to the Department pursuant to meetings with the Department. Judicial Review Any party to this Order has the right to seek judicial review of it under section 120.68, F.S., by filing a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Department’s Agency Clerk in the Office of General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days after this Order is filed with the Department’s clerk (see below). 102 Brent Puzak Facility ID No. 9502425 May 30, 2013 Page 4 of 6 Questions Any questions regarding the Department’s review of your SRR should be directed to Mark A. Sautter at (239) 344-5690 or Mark.Sautter@dep.state.fl.us . Whenever possible, please submit any written response(s) electronically to FTM.Tanks.Cleanup@dep.state.fl.us. Questions regarding legal issues should be referred to the Department’s Office of General Counsel at (850) 245-2242. Contact with any of the above does not constitute a petition for an administrative hearing or a request for an extension of time to file a petition for an administrative hearing. The FDEP Facility Number for this site is 9502425. Please use this identification on all future correspondence with the Department. Sincerely, Jon M. Iglehart Director of District Management South District JMI/MAS/se Enclosures: (1) May 24, 2013 Interoffice Memorandum (2) Site Rehabilitation Completion Approval cc: Peter Murch – TERRA-COM (pmurch@terra-comenv.com) Albert D. McLaurin – FDEP (Albert.McLaurin@dep.state.fl.us) Charles A. Masella – FDEP (Charles.Masella@dep.state.fl.us) FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to §120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. 05-30-2013 (Clerk) (Date) 103 Interoffice Memorandum To: Charles A. Masella Bureau of Waste Cleanup-South District CA&E From: Mark A. Sautter Bureau of Waste Cleanup-South District CA&E Date: May 24, 2013 Subject: Collier County - TK/BWC Source Removal Report (SRR) Site Rehabilitation Completion Report (SRCR) Pantry #3919 (dba: Kangaroo Express #3919) 1000 Whippoorwill Lane, Naples, Florida 34105-3846 Facility ID: 9502425 --------------------------------------------------------------------------------------------------------------------------- The Florida Department of Environmental Protection’s Bureau of Waste Cleanup – South District CA&E has conducted a technical review of the Source Removal Report (SRR) with Site Rehabilitation Completion Report (SRCR) for the Pantry #3919 (dba: Kangaroo Express #3919) facility. The submittal was generated by TERRA-COM Environmental Consulting, Inc. (TERRA-COM), and received by the Department on April 26, 2013. Site activities were initiated to address the petroleum contaminant impacts discovered during the closure of spill buckets, prompting the submittal of the February 28, 2012 Discharge Report Form (DRF), and initiating a site assessment pursuant to Chapter 62-770 Florida Administrative Code (F.A.C.). On March 11 and 12, 2013, TERRA-COM personnel supervised the removal of a 10-foot by 20-foot area of concrete. Following the removal of the overlaying concrete, a “soft-dig” was performed using a vacuum truck to removal the loose soil ranging from the top of the Underground Storage Tank (UST) to approximately 5.5-feet below land surface (bls). Approximately 33.24 tons of soil were removed from the excavation and transported to a thermal treatment facility for proper disposal. Five (5) confirmation soil samples were collected from the excavation (four sidewalls and bottom) and submitted for laboratory analysis by EPA Method 8260B for Benzene, Toluene, Ethylbenzene, Xylenes, and Methyl Tert Butyl Ether (BTEX/MTBE), EPA Method 8310 for Polycyclic Aromatic Hydrocarbons (PAHs), and by the Florida Residual Petroleum Organics (FL-PRO) Method for Total Recoverable Petroleum Hydrocarbons (TRPH). None of the analytes were detected at the laboratory Method Detection Limits (MDLs), which were below the pertinent Florida Administrative Code (F.A.C.) Chapter 62-777 Soil Cleanup Target Levels (SCTLs). Summary: The Florida Department of Environmental Protection’s South District Bureau of Waste Cleanup CA&E has completed our technical review of the Source Removal Report (SRR) with Site Rehabilitation Completion Report (SRCR). We concur with the environmental consultant that the site qualifies for a No Further Action status. A Site Rehabilitation Completion Approval (SRCA) is appropriate, and No Further Action (NFA) status is approved for the Pantry #3919 (dba Kangaroo Express #3919) facility (Facility I.D. 950242). Upon receipt of the No Further Action (NFA) approval letter, the responsible party shall properly abandon all groundwater monitoring wells and any piezometers pursuant to South Florida Water Management District (SFWMD) guidelines. 104 SRCO The P 1000 Naple Facil Comp Admi assur _____ Charl Proje Burea Divis May _____ Date O for FAC I Pantry #3919 Whippoorw es, Florida 3 ity ID: 9502 I hereby c pletion Orde inistrative C rances that th I perso X This r direct __________ les A. Masel ects Manager au of Waste sion of Wast 29, 2013 __________ D # 950242 9 (dba Kang will Lane 34105-3846 2425 certify that in er (SRCO) sa Code (F.A.C. he objectives onally comp review was c supervision ___________ lla r Cleanup te Manageme __________ SRCO App 5 garoo Expres n my judgme atisfy the req .), and that th s in Chapter pleted this re conducted by n. ____ ent – South proval Attac ss #3919) ent, the com quirements s he conclusio 62-770, F.A eview. y Mark A. S District chment mponents of t set forth in C ons in this re A.C., have be autter worki this Site Reh Chapter 62-7 port provide een met. ing under my habilitation 770, Florida e reasonable y 105 Adobe Acrobat You can fill out this form in Acrobat Reader and then print the form with the data from the Reader. Note that you can NOT use the Save or Save As function with Acrobat Reader. If you want a copy for your records, please print an extra copy of the form. To fill out a form: (1)Select the hand tool . (2) Position the pointer inside a form field, and click. The I-beam pointer allows you to type text. The arrow pointer allows you to select a button, a check box, a radio button, or an item from a list. (3) After entering text or selecting an item, check box, or radio button, do one of the following: --Press Tab to go to the next form field. --Press Shift+Tab to go to the previous form field. --In a multi-line text form field, Enter or Return goes to the next line in the same form field. You can use Enter on the keypad to accept a change and deselect the current form field. --Press Escape to reject the form field change and deselect the current form field. --If you are in Full Screen mode, pressing Escape a second time causes you to exit Full Screen mode. (4) Once you have filled in the appropriate form fields, do the following: --Select the print tool for a copy of the form for mailing or to keep for your records. To clear a form in a browser window: Exit the Acrobat viewer and start again. Important: There is no undo for this action. 106 Incident Notification Form PLEASE PRINT OR TYPE Instructions are on the reverse side. Please complete all applicable blanks 1. Facility ID Number (if registered):________________________ 2. Date of form completion:_____________________________________ 3. General information Facility name:___________________________________________________________________________________________________________ Facility Owner or Operator: ________________________________________________________________________________________________ Contact Person:________________________________Telephone number: ( )_____________________County: _______________________ Facility mailing address: __________________________________________________________________________________________________ Location of incident (facility street address):___________________________________________________________________________________ Latitude and Longitude of incident (If known.)_________________________________________________________________________________ 4. Date of Discovery of incident:______________________________month/day/year 5. Monitoring method that indicates a possible release or an incident: (check all that apply) [ ] Liquid detector (automatic or manual)[ ] Groundwater samples [ ] Closure [ ] Vapor detector (automatic or manual)[ ] Monitoring wells [ ] Inventory control [ ] Tightness test [ ] Internal inspection [ ] Statistical Inventory Reconciliation [ ] Pressure test [ ] Odors in the vicinity [ ] Groundwater analytical samples [ ] Breach of integrity test [ ] Automatic tank gauging [ ] Soil analytical tests or samples [ ] Visual observation [ ] Manual tank gauging [ ]Other____________________________________________ 6. Type of regulated substance stored in the storage system: (check one) [ ] Diesel [ ] Used\waste oil [ ] New/lube oil [ ] Gasoline [ ] Aviation gas [ ] Kerosene [ ] Heating oil [ ] Jet fuel [ ] Other ______________________________ [ ] Hazardous substance - includes CERCLA substances, pesticides, ammonia, chlorine, and their derivatives, and mineral acids. (write in name or Chemical Abstract Service (CAS ) number)___________________________________________________________________ 7. Incident involves or originated from a: (check all that apply) [ ] Tank [ ] Unusual operating conditions [ ] Dispensing equipment [ ] Pipe [ ] Overfill protection device [ ] Piping sump [ ] Release detection equipment [ ] Secondary containment system [ ] Other [ ] Dispenser Liners [ ] Loss of >100 gallons to an impervious surface other than secondary containment [ ] Loss of >500 gallons within secondary containment 8. Cause of the incident, if known: (check all that apply) [ ] Overfill (<25 gallons)[ ] Spill (<25 gallons)[ ] Theft [ ] Corrosion [ ] Faulty Probe or sensor [ ] Human error [ ] Installation failure [ ] Other____________________ 9. Actions taken in response to the incident: 10. Comments: 11. Agencies notified (as applicable): [ ] Fire Department.[ ] Local Program [ ] DEP (district/person) 12. To the best of my knowledge and belief, all information submitted on this form is true, accurate, and complete. ____________________________________________________ _______________________________________________ Printed Name of Owner, Operator or Authorized Representative Signature of Owner, Operator or Authorized Representative. DEP Form # 62-761.900(6) Form Title Incident Notification Form Effective Date: July 13, 1998 107 118839708 3/16/17 Circle K Store # 2709766 Circle K Stores, Inc. Graham Biggs 919 774-6700 Collier 6615 Dudley Dr, Naples, Florida, 34105 6615 Dudley Dr, Naples, Florida, 34105 4 4 4 Half inch of PCW found in regular spill bucket interstitial; pump out and testing have been scheduled 4 Graham Biggs Instructions for completing the Incident Notification Form If the investigation of an incident indicates that a discharge did not occur (for example, the investigation shows that the situation was the result of a theft or a malfunctioning electronic release detection probe), then a letter of retraction should be sent to the County within fourteen days with documentation that verifies that a discharge did not occur. If within 24 hours of an incident, or before the close of the County’s next business day, the investigation of the incident does not confirm that a discharge has occurred, an Incident Report Form need not be submitted. DEP District Office Addresses: Northwest District Northeast District Central District 160 Governmental Center 7825 Baymeadows Way Suite B 200 3319 Maguire Blvd. Suite 232 Pensacola FL. 32501-5794 Jacksonville FL. 32256-7590 Orlando, FL. 32803-3767 Phone: 850-595-8360 Phone: 904-488-4300 Phone: 407-894-7555 FAX: 850-595-8417 FAX: 904-488-4366 FAX: 407-897-2966 Southwest District South District Southeast District 3804 Coconut Palm Dr.2295 Victoria Ave. Suite 364 400 N. Congress Ave., 3rd Floor Tampa FL. 33619-8218 Ft. Myers FL. 33901-2549 West Palm Beach, FL. 33401 Phone: 813-744-6100 Phone: 813-332-6975 Phone: 561-681-6600 FAX: 813-744-6125 FAX: 813-332-6969 FAX: 561-681-6755 (02/01/98) _____________________________________________________________________________________________________ This form must be completed to notify the County of all incidents, or of the following suspected releases: 1. A failed or inconclusive tightness, pressure, or breach of integrity test, 2. Internal inspection results, including perforations, corrosion holes, weld failures, or other similar defects that indicate that a release has occurred. 3. Unusual operating conditions such as the erratic behavior of product dispensing equipment, the sudden loss of product from the storage tank system, or any unexplained presence of water in the tank, unless system equipment is found to be defective but not leaking; 4. Odors of a regulated substance in surface or groundwater, soils, basements, sewers and utility lines at the facility or in the surrounding area; 5. The loss of a regulated substance from a storage tank system exceeding 100 gallons on impervious surfaces other than secondary containment, driveways, airport runways, or other similar asphalt or concrete surfaces; 6. The loss of a regulated substance exceeding 500 gallons inside a dike field area with secondary containment; and 7. A positive response of release detection devices or methods described in Rule 62-761.610, F.A.C., or approved under Rule 62-761.850, F.A.C. A positive response shall be the indication of a release of regulated substances, an exceedance of the Release Detection Response Level or a breach of integrity of a storage tank system. A copy of this form must be delivered or faxed to the County within 24 hours of the discovery of an incident, or before the close of the next business day. It is recommended that the original copy be sent in the mail. If the incident occurs at a county-owned facility, a copy of the form must be faxed or delivered to the local DEP District office. 108 1748.94 Ac 5007.98 Ac 1101.75 Ac740.97 Ac 641.30 Ac 625-E3.33 Ac 740H.16 Ac 814.12 Ac Avow HospiceCollier County, Florida FLUCCS MAPPING X N/A AS SHOWNSHEET NO. DATE PROJECT NO. SCALE E A R T H T E C H E N V I R O N M E N T A L , L L CEARTH T E C H E N V I R O N M E N T A L , L L C10600 J O L E A A V E N U E10600 J O L E A A V E N U EBONITA S P R I N G S , F L 3 4 1 3 5BONITA S P R I N G S , F L 3 4 1 3 5PHONE (2 3 9 ) 3 0 4 -0 0 3 0 F A X (2 3 9 ) 3 2 4 -0 0 5 4PHONE (2 3 9 ) 3 0 4 -0 0 3 0 F A X (2 3 9 ) 3 2 4 -0 0 5 4 O 0 200 400100 Feet Subject Property 110, SINGLE FAMILY RESIDENTIAL 174, MEDICAL & HEALTH CARE 500, BORROW POND 625-E3, HYDRIC PINE FLAT WOOD S (51 TO 75% EXOTICS) 641, FRESHWATER MARSH 740, DISTU RBED LAND S 740H, HYDRIC DIST URBED LAN DS 814, ROADWAY G:\ETEnv Documents\PROJECTS\COLLIER\AVOW Hospice\GIS\FLUCCS Map.mxd / 9:07:56 AM11/2 7/1 7WHIPPOORWILL LN Avow Hospice PUDR – PL20170002501 Comparative Level of Service (LOS) Analysis May 4, 2018 www.davidsonengineering.com COMPARATIVE LEVEL OF SERVICE (LOS) ANALYSIS The Avow Hospice CFPUD facility is proposing to revise the existing Ordinance 2009‐37 for two purposes. The first is to rezone and unify the southern adjacent property, located at 1301 Whippoorwill Lane, with the existing Avow Hospice CFPUD campus for future expansion. The second is to establish a maximum allowable building square footage for the expanded campus. Typically, a comparative analysis would identify the existing development at approved maximum build‐out conditions and then compare it to the proposed development at maximum build‐out conditions using building square footage, or some other type of limiting factor, to show either a net increase or decrease in demand as a result of the requested change in zoning action. However, the existing CFPUD does not currently establish any type of limiting factor. Therefore, this analysis will compare the level of service for the existing conditions on both existing properties to the proposed conditions on the proposed unified property. The existing CFPUD and residentially zoned properties consists of the following uses: 16‐bed Nursing facility 17,900 sf Office/Administrative Space 44,750 sf Single Family Residence 2,846 sf Single Family Residence 3,034 sf TOTAL: 68,530 sf The proposed zoning revision and increase in square footage consists of the following uses at build‐out: 16‐bed Nursing facility 17,900 sf Office/Administrative Space 48,482 sf Counseling / Child & Adult Care Center 14,000 sf 12‐bed Nursing facility 12,000 sf TOTAL: 92,382 sf The Capital Improvement Element of the Growth Management Plan establishes Levels of Service for the following: Arterial and Collector Roads Surface Water Management Systems Potable Water and Sanitary Sewer Systems Solid Waste Disposal Facilities Parks and Recreation Facilities Public School Facilities Fire and EMS Facilities Each of the areas will be examined for the proposed developments in this summary report. Avow Hospice PUDR – PL20170002501 Comparative Level of Service (LOS) Analysis May 4, 2018 www.davidsonengineering.com Arterial and Collector Roads Significantly impacted roadways are identified by the proposed highest peak hour trip generation (net new traffic) and is compared with the peak hour of the adjacent street traffic. Based on the information contained in Collier County 2017 Annual Update Inventory Report, the peak hour for the project’s adjacent roadway network is PM. Table 1 ‐ Project Trip Generation (Net New) – Average Weekday Development PM Peak Hour Trips Enter Exit Total Proposed PUDR 35 33 68 Existing Approved 24 22 46 Total External Net Increase/(Net Decrease)11 11 22 Based on the roadway network link analysis result, the proposed development at build‐out is not a significant or adverse traffic generator for the existing roadway traffic at this location. There is adequate and sufficient roadway capacity to accommodate the proposed development generated trips without adversely affecting the adjacent roadway network level of service. Surface Water Management Systems The Avow Hospice campus is permitted by Collier County for its storm water management. Combining the southern property with the existing Avow Hospice property will warrant an amendment to the storm water management design through Collier County. Currently, the southern property is developed with two single family homes and shares a wet retention lake with Avow Hospice. The property also features native vegetation in the southwest corner that will be retained to meet County preserve requirements. The existing Avow Hospice site features grate inlets and six interconnected dry detention areas where sheetflow is collected and stored until one‐half inch of pretreatment water quality is achieved. This conceptual design is also proposing to sheetflow southward along the proposed looped driveway and into the newly created dry detention area spanning the south and east sides of the southern property which will be interconnected with the existing six. The existing wet retention lake will continue to provide the remaining water quality required to meet Collier County’s minimum 1.5 inches over the entire site or 2.5” times impervious; whichever is greater. The existing wet retention lake is designed to attenuate the 25‐year, 3‐day storm event with outfall into the on‐site preserve and ultimate discharge into the I‐75 Canal system via Kensington Canal. Avow Hospice PUDR – PL20170002501 Comparative Level of Service (LOS) Analysis May 4, 2018 www.davidsonengineering.com The total existing Avow Hospice site plus newly combined southern parcel is ±20.55 acres. For storm water management purposes, the project’s contributory basin is ±19.70 acres. The contributory basin excludes ±0.50 acres of Whippoorwill Lane right‐of‐way easement and ±0.35 acres of proposed preserve. The allowable post‐development discharge rate for this project’s contributory basin is 5.22 cfs. This is further explained and identified in the storm water management summary per the latest approved site plan (SDPA PL20150000302). There are no adverse effects to the existing water management system should the subject properties remain as is. However, there are benefits to combining the southern property with the Avow Hospice property such as‐ installation of perimeter berm to prevent unwarranted sheetflow across property lines, pretreated storm water prior to entering the I‐75 Canal, and regulation of discharge volume off site. Potable Water and Sanitary Sewer Systems Currently, the Avow Hospice campus features four buildings‐ one 16‐bed nursing facility and three office/administrative buildings, all of which are connected to County owned utilities. The southern parcel, to be unified with the campus, contains two single‐family homes with individual potable water and private septic connections. The proposed expanded development will utilize County owned utilities by connecting to existing private utility stub‐outs furnished by Avow Hospice for fire, potable, and gravity sewer. For comparison purposes, the existing and proposed wastewater demand is presented in Tables 2 and 3, respectively and are per Florida Administrative Code 64E‐6. Table 2 –Existing Wastewater Level of Service Description Unit Type # Units GPD/unit Average Daily Demand, GPD Peak Daily Demand, GPD* 16‐Bed Nursing Facility Per Bed with 3 meals/day 16 115 1,840 2,484 Office/Admin. Space Per 100 s.f. 447.50 15 6,713 9,063 Residential (2,251‐3,300sf) Per Dwelling 2 250 500 675 Total (GPD):9,053 12,222 *A Factor of 1.35 was used to determine Peak Daily Demand per the 2014 CCWSD Master‐CIP Plan Summary Report. The average daily potable water demand is calculated as 1.4 times the average daily wastewater demand, per 2014 CCWSD Master‐CIP Plan and Collier County staff. Therefore, the existing average daily potable water demand is 12,674 GPD and the peak daily demand is 17,111 GPD for the existing uses. Avow Hospice PUDR – PL20170002501 Comparative Level of Service (LOS) Analysis May 4, 2018 www.davidsonengineering.com Table 3 –Proposed Wastewater Level of Service Description Unit Type # Units GPD/unit Average Daily Demand, GPD Peak Daily Demand, GPD* 16‐Bed Nursing Facility Per Bed with 3 meals/day 16 115 1,840 2,484 Office/Admin. Space Per 100 s.f. 484.82 15 7,272 9,817 Counseling/Care Center Per 100 s.f. 140.00 15 2,100 2,835 12‐Bed Nursing Facility Per Bed with 3 meals/day 12 115 1,380 1,863 Counseling/Care Center Per Employee 2 15 30 40.5 Total (GPD):12,622 17,040 *A Factor of 1.35 was used to determine Peak Daily Demand per the 2014 CCWSD Master‐CIP Plan Summary Report. The average daily potable water demand is calculated as 1.4 times the average daily wastewater demand, per 2014 CCWSD Master‐CIP Plan and Collier County staff. Therefore, the proposed average daily potable water demand is 17,671 GPD and the peak daily demand is 23,856 GPD for the proposed uses. Although this zoning revision application will increase the intensity of the development, the additional demand is not anticipated to have a negative impact on the existing implemented services. The existing Avow Hospice plus the proposed potable and wastewater demands will not exceed the current on‐site infrastructure design parameters. Thus, the level of service is not significantly or adversely impacted by the proposed conditions. Irrigation will be supplied via the existing lake. Avow Hospice is currently permitted through South Florida Water Management District under water use permit #11‐03108‐W. A modification to this permit will be applied for to include the additional irrigated areas on the southern parcel. Solid Waste Disposal Facilities Solid waste collection for Avow Hospice is provided by Waste Management, a private contract provider. Commercial and residential accounts are charged by the service provider directly with rates set by the Board of County Commissioners through contract negotiation with the provider. The existing residential collection services require multiple stops within the Whippoorwill Lane right‐of‐way. The proposed conditions of the unified properties will continue to provide collection services on site; therefore, the benefits of merging the properties will lessen the burden of traffic circulation by reducing the amount of collection stops within Whippoorwill Lane right‐of‐way. Thus, the level of service is not significantly or adversely impacted by the proposed conditions. Avow Hospice PUDR – PL20170002501 Comparative Level of Service (LOS) Analysis May 4, 2018 www.davidsonengineering.com Parks and Recreation Facilities The proposed expansion will not create a negative impact on Parks and Recreation Facilities. In fact, the level of service for parks and recreation facilities will be reduced by the proposed conditions since Avow Hospice offers private amenities comparable to public parks and recreation facilities. Thus, the level of service is not significantly or adversely impacted by the proposed conditions. Public School Facilities The proposed expansion will not create a negative impact on Public School Facilities and will not impact school attendance since it will not generate population growth. Thus, the level of service is not significantly or adversely impacted by the proposed conditions. Fire and EMS Facilities The proposed expansion will have no measurable impact on Fire and EMS Facilities. It should be assumed that newer buildings will be constructed to current NFPA and building code standards which may reduce the likelihood of related calls. Furthermore, the proposed expanded conditions are consistent with medical/nursing in‐patient care that are generally treated on site; therefore, the increase in medical beds and counseled patients are not considered to have a significant or adverse impact to emergency services conditions. AVOW HOSPICE COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) RESIDENTIAL SINGLE-FAMILY -5(0.4) ARLINGTON LAKES PUD SF RESIDENTIAL SEAGATE BAPTIST CHURCH & SCHOOL PINE RIDGE CENTER PUD BRYNWOOD PRESERVE PUD SF RESIDENTIAL WHIPPOORWILL LAKES PUD MF RESIDENTIAL PINE VIEW CPUD NAPLES NISSAN EXISTING PUD BOUNDARY 4.89-ACRE PARCEL BEING ADDED TO AVOW CFPUD FUTURE DEVELOPMENT AREA 15’ TYPE B ENHANCHED LANDSCAPE BUFFER 0.35 ACRE PRESERVE LOOP DRIVEWAY ACCESS POINTS ASSISTED LIVING FACILITIES, INCLUDING GROUP, FAMILY AND CONTINUING RETIREMENT CARE CHURCHES AND PLACES OF WORSHIP CIVIC AND FRATERNAL ORGANIZATIONS EDUCATIONAL SERVICES ESSENTIAL SERVICES MUSEUMS AND ART GALLERIES NURSING HOMES PARKS (PUBLIC AND PRIVATE) PAROCHIAL SCHOOLS (PUBLIC AND PRIVATE) INDIVIDUAL AND FAMILY SOCIAL SERVICES, LIMITED TO COMMUNITY CENTERS AND ADULT AND/OR HANDICAPPED DAY CARE CENTERS CAFÉ/DELI AND CATERING CALL CENTER CHILD DAY CARE CENTERS INDIVIDUAL AND FAMILY SOCIAL SERVICES MEDICAL OFFICES MEDICAL SUPPLY/ MASTECTOMY PRODUCTS MEDICAL TRANSPORTATION OUTPATIENT SURGERY CENTER HOME HEALTH AGENCY PARKING STRUCTURES PHARMACY PROGRAM FOR ALL INCLUSIVE CARE FOR THE ELDERLY (PACE) CENTER PUBLISHING COMPANY, PRINTING, DESIGN & GRAPHIC ARTS RECREATIONAL FACILITIES THRIFT STORE CAFÉ/DELI AND CATERING PARKING STRUCTURES RECREATIONAL FACILITIES Civil Engineering • Planning • Permitting 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 www.davidsonengineering.com 1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180 M E M O R A N D U M July 13, 2018 TO: Nancy Gundlach, AICP, PLA FROM: DE Planning Staff RE: AVOW Hospice Community Facilities Planned Unit Development PUDR – PL20170002501 NIM Meeting Minutes (June 28, 2018) A Neighborhood Information Meeting was held on Thursday, June 28th, 2018 at the AVOW Ispiri Community Center, located at 1223 Whippoorwill Lane, Naples, FL 34105. The following individuals, associated with the review and presentation of the project, were present. • Frederick Hood, Davidson Engineering • Jessica Harrelson, Davidson Engineering • Josh Fruth, Davidson Engineering • Patrick Neale, Land Use Attorney • Nancy Gundlach, Collier County Frederick Hood started the meeting at 5:35 p.m. and used a PowerPoint presentation, attached hereto for reference. Following the PowerPoint presentation, the following concerns were stated, and questions were asked: 1. Is there a designated area for the accessory uses, specifically a parking structure? Fred Hood stated there is no defined location at this time. This list is conceptual. 2. Is the Exhibit C handout the existing approved plan? Fred – Yes. 3. Where is the existing buffer wall? Fred points it out on the southern boundary of existing parcel. 4. What is the current buffer on the south property line and where does it begin? Fred - Required Type B, 15’ buffer. 5. What will be the nature of vehicles accessing the southern driveway on property? Josh Fruth - Emergency vehicles. 6. What type of material will be used for new buffer wall? Fred and Josh - May be masonry, composite, precast. 7. Concern of 3’ width between two buffer walls causing gutter for stormwater and trash. President of HOA would like to move fence up to AVOW fence in order to avoid vegetation becoming overgrown, trespassing, etc. 8. Will there be any regrading or fill brought in? Fred – That will be assessed during site development for driveway. Site grading will be done to meet Code requirements. Will coordinate with neighbors during construction. 9. What is the height limit for parking structures? Fred – Existing maximum height for entire PUD is remaining at 35 feet. 10. If a 4-story parking garage is constructed, is there any additional landscaping contemplated over the required 15’ buffer? Fred and Josh – That is not the intent but if there was a garage, it would only be accessory to a primary use. There are minimum planting requirements around all structures. 11. When regrading, where is stormwater directed? Josh – Outfall will remain in southwest corner and water will be directed toward that outfall. The meeting was adjourned at approximately 5:58 p.m. End of memo. Civil Engineering • Planning • Permitting 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 · F: (239) 434-6084 www.davidsonengineering.com 1990 Main Street · Suite 750 · Sarasota, FL 34236 · P: (941) 309-5180 June 4, 2018 Dear Property Owner, Please be advised that formal applications have been submitted to Collier County, seeking approval of a Planned Unit Development Rezone [PUDR - PL20170002501] to amend the AVOW Community Facility Planned Unit Development (Ordinance 09-37) and by amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of 4.89+/- acres of land zoned Residential Single Family-5 (RSF-5 (0.4)) for a single family home to the Avow Hospice CFPUD; by adding permitted uses including individual and family services; by adding accessory uses; by updating the lake setback; by amending the master plan; adding deviations; and revising developer commitments. The property is located south of Pine Ridge Road on the west side of Whippoorwill Lane, in Section 12, Township 49 South, Range 26 East, Collier County, Florida consisting of 20.55+/- acres; and by providing an effective date. [PL20170002501] In compliance with the Land Development Code requirements, we are holding a Neighborhood Information Meeting to provide you an opportunity to become fully aware of the request. The meeting will begin at 5:30 p.m. on Thursday, June 28th, 2018 at the AVOW Ispiri Community Center, located at 1223 Whippoorwill Lane, Naples, FL 34105. Please contact me at (239) 434-6060 ext. 2961, or via e-mail at fred@davidsonengineering.com, if you have any questions regarding the meeting or the proposed project. Sincerely, Frederick E. Hood, AICP Senior Planner +NAPLESNEWS.COM ❚FRIDAY, JUNE 8, 2018 ❚21A NEIGHBORHOOD INFORMATION MEETING Please be advised that formal applications have been submitted to Collier County, seeking approval of a Planned Unit Development Rezone [PUDR - PL20170002501] to amend the AVOW Community Facility Planned Unit Development (Ordinance 09-37) and by amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of 4.89+/- acres of land zoned Residential Single Family-5 (RSF-5 (0.4)) for a single family home to the Avow Hospice CFPUD; by adding permitted uses including individual and family services; by adding accessory uses; by updating the lake setback; by amending the master plan; adding deviations; and revising developer commitments. The property is located south of Pine Ridge Road on the west side of Whippoorwill Lane, in Section 12, Township 49 South, Range 26 East, Collier County, Florida consistingof20.55+/-acres;andbyprovidinganeffectivedate.[PL20170002501] WE VALUE YOUR INPUT The public is invited to attend a neighborhood information meeting, held by Frederick E. Hood, AICP, of Davidson Engineering, Inc., representing Avow Real Estate, Inc. on Thursday, June 28th, 2018. The meeting will begin at 5:30 p.m., at the AVOW Ispiri Community Center, located at 1223 Whippoorwill Lane, Naples, FL 34105. If you are unable to attend this meeting but have questions or comments, they can be directed by mail, phone or e-mail to the individuals listed below: Frederick E. Hood, AICP Nancy Gundlach, AICP, Principal Planner Davidson Engineering, Inc. Collier County Growth Management 4365 Radio Road, Suite 201 2800 N. 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Birth of new mitochondria Dr. Sears and his researchers combined the most powerful form of CoQ10 available — called ubiquinol — with a unique, newly discovered natural compound called PQQ that has the remarkable ability to grow new mitochondria. Together, the two powerhouses are now available in a supplement called Ultra Accel II. Discovered by a NASA probe in space dust, PQQ (Pyrroloquinoline quinone) stimulates something called “mitochondrial biogenesis” — a unique process that actually boosts the number of healthy mitochondria in your cells. In a study published in the Journal of Nutrition, mice fed PQQ grew a staggering number of new mitochondria, showing an increase of more than 55% in just eight weeks. The mice with the strongest mitochondria showed no signs of aging — even when they were the equivalent of 80 years old. Science stands behind the power of PQQ Biochemical Pharmacology reports that PQQ is up to 5,000 times more efficient in sustaining energy production than common antioxidants. “Imagine 5,000 times more efficient energy,” says Dr. Sears. “PQQ has been a game changer for my patients.” “With the PQQ in Ultra Accel, I have energy I never thought possible,” says Colleen R., one of Dr. Sears’ patients. “I am in my 70s but feel 40 again. I think clearer, move with real energy and sleep like a baby.” It works right away Along with an abundance of newfound energy, users also report a sharper, more focused mind and memory, and even younger-looking skin and hair. Jerry M. from Wellington, Florida, used Ultra Accel and was amazed at the effect. “I noticed a difference within a few days,” says Jerry. “My endurance almost doubled. But it’s not just in your body. You can feel it mentally, too,” says Jerry. “Not only do I feel a difference, but the way it protects my cells is great insurance against a health disaster as I get older.” Increase your health span today The demand for this supplement is so high, Dr. Sears is having trouble keeping it in stock. “My patients tell me they feel better than they have in years. This is ideal for people who are feeling or looking older than their age… or for those who are tired or growing more forgetful.” “My favorite part of practicing anti-aging medicine is watching my patients get the joy back in their lives. Ultra Accel sends a wake-up call to every cell in their bodies… and they actually feel young again.” Where to find Ultra Accel II Right now, the only way to get this potent combination of PQQ and super-powered CoQ10 is with Dr. Sears’ breakthrough Ultra Accel II formula. To secure bottles of this hot, new supplement, buyers should contact the Sears Health Hotline at 1-877-353-0593 within the next 48 hours. “It takes time to get bottles shipped out to drug stores,” said Dr. Sears. “The Hotline allows us to ship the product directly to the customer.” Dr. Sears feels so strongly about this product, he offers a 100%, money-back guarantee on every order. “Just send me back the bottle and any unused product within 90 days, and I’ll send you your money back,” said Dr. Sears. The Hotline will be taking orders for the next 48 hours. After that, the phone number will be shut down to allow them to restock. Call 1-877-353-0593 to secure your limited supply of Ultra Accel II. You don’t need a prescription, and those who call in the first 24 hours qualify for a significant discount.To take advantage of this great offer use Promo Code NPUAJUNE18010 when you call in. CoQ10’s Failure Leaves Millions Wanting Use this pill to supercharge your brain and think better than ever. BREAKING NEWS... THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. RESULTS MAY VARY. NASA-discovered nutrient is stunning the medical world by activating more youthful energy, vitality and health than CoQ10. WASHINGTON – President Donald Trump said Thursday he’s ready for his close-up with North Korea’s Kim Jong Un, even though “I don’t think I have to prepare very much” for next week’s session in Singa- pore – and he might even invite Kim to the White House if things go well. Exuding optimism, Trump said a nuclear weapons agreement with North Korea would require more than one meeting, but striking a deal could lead to a normalization of relations with North Korea, a country that has fre- quently declared the United States an enemy. “It’s about attitude, it’s about willing- ness to get things done,” said Trump, who is scheduled to talk with Kim on Tuesday about starting a process to- ward an agreement. “But I think I’ve been preparing for this summit for a long time, as has the other side.” Trump met at the White House with another major player in Asia, Japanese Prime Minister Shinzo Abe. Abe said he told the president, “I would like to take this opportunity to make sure that we two have the utmost policy coordination as to our approach to the planned summit meeting.” During a news conference, Trump and Abe pledged to work together on North Korea after the summit. Trump said part of his summit meet- ing with Kim could be a pledge to work with North and South Korea on a treaty that would formally end the Korean War, which remains in a state of cease-fire. Asked whether he’d invite Kim to the White House or to his Mar-a-Lago es- tate in Palm Beach, Florida, Trump said, “Maybe we’ll start with the White House. What do you think?” But only if things go well in Singa- pore, Trump said. If not, he said, he is prepared to end negotiations before they start in earnest. “All I can say is I’m totally prepared to walk away,” Trump said. “I did it once before. You have to be able to walk away.” Trump said he would demand com- plete denuclearization before he consid- ered easing sanctions on Kim’s econo- my. “They have to denuke,” Trump said. President Trump and Japanese Prime Minister Shinzo Abe pledge close cooperation on North Korea. SUSAN WALSH/AP Kim could come to US if summit is a success David Jackson USA TODAY Kim Jong Un AVOW PUDR - PL20170002501 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a Planned Unit Development Rezone , at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen’s description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner’s list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance ______________________________________________________ (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged be fore me this 21st day of September, 2018 by Josh Fruth, Vice President, Davidson Engineering, Inc_, who is personally known to me. _____________________________________________ (Signature of Notary Public) (Notary Seal) __Jessica Harrelson Printed Name of Notary Published DailyNaples, FL 34110 Affidavit of PublicationState of FloridaCounties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Na-ples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.___________________________________________________________Customer Ad Number Copyline P.O.#_____________________________________________________________________________________ DAVIDSON ENGINEERING, INC 2034290 PUDR - PL20170002501 AVOW Real Estate Pub DatesJune 8, 2018 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10461---6014 ZLOTNIKOV, ANDREY ANASTASIA MALIKOVAVORONEZH 9 YANVARYA RUSSIA 294 57 ZUMPANO, DAVID J & CHRISTINE E 437 RANSOM AVE SHERRILL, NY 13461---1446 THE RESERVE AT NAPLES CONDOMINIUM ASSOCIATION, INC. 1140 RESERVE WAY NAPLES, FL 34105 SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner’s agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner’s agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1.The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2.The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3.The petitioner or the petitioner’s agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner’s agent must replace the sign(s - - - - - - - - - - - - - - -- -- - - - - - - --- - - - - -- AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER : SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX NAME (TYPED OR PRINTED) CITY, STATE ZIP # STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this day of , 20 , by , personally known to me or who produced as identification and who did/did not take an oath. Signature of Notary Public Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. Jessica Harrelson 24th September 18 Josh Fruth Josh Fruth 4365 Radio Rd, Suite 201 Naples, FL 34104 Josh Fruth, Vice President, Davidson Engineering PUDA-PL20160001023 Windsong PUD Page 1 of 12 Revised: October 5, 2018 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 18, 2018 SUBJECT: PETITION NO: PUDA-PL20160001023 – WINDSONG PUD PROPERTY OWNER/AGENT: Applicant: Agent: The Villas of Greenwood Lake HOA, Inc. Richard P. Barry, President 6230 Shirley Street, #202, Naples, FL, 34109 Agnoli, Barber and Brundage Inc. Tom Barber, AICP 7400 Trail Blvd., Suite 200 Naples, FL 34108 REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance No. 93-74 and Ordinance No. 98-73, as amended, the Windsong PUD. GEOGRAPHIC LOCATION: The subject property is located on the northwest corner of the County Barn Road and Rattlesnake- Hammock Road intersection, in Section 17, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37.6 +/- acres. (see location map, page 2). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting to amend the Windsong Planned Unit Development (PUD), approved via Ordinance #93-74 and Ordinance #98-73 by amending the PUD Master Plan to allow for the reconfiguration of the Preservation Area in order to accommodate the construction of a 6-foot privacy wall on top of the perimeter berm on the east side of the PUD. AGENDA ITEM 9.A.2. PUDA-PL20160001023 Windsong PUD Page 2 of 12 Revised: October 5, 2018 PUDA-PL20160001023 Windsong PUD Page 3 of 12 Revised: October 5, 2018 SURROUNDING LAND USE & ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the Windsong PUD. North: Developed multi-family and single-family homes with a zoning designation of RMF-6 (6.0 DU/AC) which is approved for single and multi-family dwellings, family care facilities, and educational plants and public schools; and Riviera Golf Estates PUD (3.68 DU/AC) and is approved for single family dwellings East: County Barn Road, a two-lane arterial roadway, and then mobile home park with a zoning designation of MH (7.26 DU/AC) which is approved for mobile homes, family care facilities, recreational vehicles, and educational plants and public schools South: Rattlesnake Hammock Rd, a four-lane arterial roadway, and then multi-family homes with a zoning designation of RMF-16 (16.0 DU/AC) which is approved for multi-family dwellings, townhouses, family care facilities, and educational plants and public schools West: Developed multi-family homes with a zoning designation of RMF-6 (6.0 DU/AC) which is approved for single and multi-family dwellings, family care facilities, and educational plants and public schools PUDA-PL20160001023 Windsong PUD Page 4 of 12 Revised: October 5, 2018 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The GMP is the prevailing document to support land use decisions, such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any amendment petition. This petition is consistent with the GMP. Future Land Use Element (FLUE): Staff identified the FLUE policies relevant to this project and determined that the proposed amendment to the PUD may be deemed consistent with the FLUE of the GMP. Please, see Attachment B – FLUE Consistency Review for a more detailed analysis of how staff derived this determination. Transportation Element: Transportation Planning staff reviewed the application and found this project consistent with Policy 5.1 of the Transportation Element of the GMP. There is no increase in the number of residential dwelling units/traffic generation, no changes to the master plan including point(s) of access or circulation, and no changes to the developer commitments; therefore, there are no transportation planning impacts related to this request. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). A minimum of 6.1 acres of native vegetation are required to be retained for the PUD. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. An evaluation relative to these subsections is discussed below, under the heading “Zoning Services Analysis.” Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District. County staff will also evaluate the project’s stormwater management system, calculations, and design criteria through the site development plan (SDP) and/or platting (PPL). Environmental Review: Environmental Planning staff has reviewed the petition and PUD master plan to address environmental concerns. Pursuant to the PUD document (Ordinance No. 98-73), minimum of 6.1 acres of native vegetation is required to be retained for the PUD. The preserve is proposed to be reconfigured to accommodate a privacy wall. Landscape Review: The landscape buffers shown on the Master Plan are consistent with LDC requirements. School District: The Collier County School District does not have any issue with the proposed amendment as it will not impact the District’s level of service. PUDA-PL20160001023 Windsong PUD Page 5 of 12 Revised: October 5, 2018 Transportation Review: Transportation Planning staff reviewed the petition for compliance with the GMP and the LDC and recommends approval of this PUD Amendment. Utilities Review: The requested action would have no impact on utilities. Zoning Services Review: In 1988, a 37.6-acre PUD was approved for the subject property, changing the land use from Agriculture (A-2) to a mixed-use PUD allowing for commercial, multi-family, and single family uses. In 1993, the Board of County Commissioners down-zoned the PUD, removing commercial uses and higher density residential. In 1998, a PUD to PUD rezone was approved, creating the Windsong PUD, allowing for 145 single-family residential homes while eliminating multi-family and assisted living units. The PUD also included 6.1 acres for the preserve requirement. In September 2016, the petitioner applied for an insubstantial change to the Windsong PUD (PDI) requesting an amendment to the existing PUD, reconfiguring the existing preserves. This reconfiguration would allow for a wall to be placed along County Barn Road, and the preserve would be setback 28 feet from the PUD boundary. Reconfiguration of the preserve was needed to meet the required preserve setbacks and landscaping for the construction of the wall. At the March 23, 2017 Hearing Examiner (HEX) meeting, this PDI application was postponed to a future date pending the vacation of the existing Conservation Easement. It was determined by Staff that this easement vacation must be approved prior to, or simultaneously with, the PDI being approved. Procedurally in order, for the PUD Amendment and the accompanying easement vacation be considered by the Board of County Commissioners, the petition was converted from a PDI to a PUD Amendment. Currently, the Windsong PUD has 5.52 acres of preserve area; however, the total required preserve area is 6.02 acres. The petitioner is requesting that 0.60 acres of preserve area (See table on next page illustrated in blue) be converted to open space to allow for the construction of a six-foot wall; thereby leaving 4.92 acres of preserve area. Moreover, an additional 1.20 acres of preserve area will be situated at the southeast corner of the PUD; thereby totaling 6.12 acres of preserve area. (See table on next page illustrated in green) The 6.12 preserve area acreage will exceed the total required preserve acreage by 0.10 acres; thereby, complying with the preserve acreage requirement. Furthermore, w alls are not permitted within a preserve area, so the applicant must remove a 28-foot wide portion of the preserve adjacent to County Barn Road to allow for the wall, and then relocate that portion of preserve elsewhere on site. The 28-foot wide portion of preserve will become open space. The amended Master Plan reflects this reconfiguration of the preserve. Intentionally blank PUDA-PL20160001023 Windsong PUD Page 6 of 12 Revised: October 5, 2018 Preservation Area Plan by Agnoli, Barber and Brundage Inc. PUDA-PL20160001023 Windsong PUD Page 7 of 12 Revised: October 5, 2018 Staff finds the proposed Amendment to be consistent and compatible with the commitments established by Ordinance #93-74 and 98-73. (See Attachment C for amended master plan with associated cross section of proposed wall.) PUD FINDINGS: LDC Section 10.02.13.B.5 states that, “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08”: 1. The suitability of the area for the type and pattern of developmen t proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant and staff’s recommended stipulations should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application were reviewed by the County Attorney’s Office and demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report on pages 5-6. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Staff Analysis section of this staff report, the landscape buffers depicted in the Master Plan are consistent with LDC requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The usable open space areas are increasing; therefore, no deviation from required usable open space is being requested, and compliance would be demonstrated at the time of SDP or PPL. PUDA-PL20160001023 Windsong PUD Page 8 of 12 Revised: October 5, 2018 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the consistency review. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought, including but not limited to any plats and site development plans. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including Collier County Water-Sewer District potable water and wastewater mains, to accommodate this project based upon the commitments made by the petitioner, and the fact that adequate public facilities requirements will continuously be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. All future development proposed on the Windsong PUD would have to comply to the LDC and other applicable codes. The petitioner is not requesting any deviations to the LDC. Rezone Findings: LDC Subsection 10.02.08.F states, “When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners…shall show that the planning commission has studied and considered proposed change in relation to the following when applicable”: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the (FLUM) and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is currently zoned PUD and would remain as such. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. PUDA-PL20160001023 Windsong PUD Page 9 of 12 Revised: October 5, 2018 This petition does not propose any change to the boundaries of the PUD. The Master Plan would be updated by relabeling the subject property. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. There are no changes to the uses or development standards. They are simply reconfiguring the preserve area. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD Amendment is not anticipated to adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 8. Whether the proposed change will create a drainage problem. The proposed PUD Amendment request is not anticipated to create drainage problems in the area, provided stormwater best management practices, treatment, and storage on this project will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County staff will evaluate the project’s stormwater management system, calculations, and design criteria at time of SDP and/or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated the changes proposed to this PUD Amendment would seriously reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Staff does not anticipate this amendment serving as a deterrent to the improvement of residential adjacent properties. PUDA-PL20160001023 Windsong PUD Page 10 of 12 Revised: October 5, 2018 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed reconfiguration of 6.12 acres of Preservation Area cannot be achieved without amending the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff’s opinion that the proposed amendment to Windsong PUD will not be out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alterat ion, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The requested action would have no impact on the availability of adequate public facilities and services. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. PUDA-PL20160001023 Windsong PUD Page 11 of 12 Revised: October 5, 2018 ENVIRONMENTAL REVIEW: The project does not require Environmental Advisory Council (EAC) review, since it does not meet the EAC scope of land development project reviews identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. NEIGHBORHOOD INFORMATION MEETING (NIM): On September 11, 2018 a Neighborhood Information Meeting (NIM) was conducted by Tom Barber of Agnoli, Barber & Brundage, Inc., representing the Villas at Greenwood Lake HOA. The meeting commenced at approximately 6:00 PM and ended at 6:21 PM. There were no objections relative to the proposed reconfiguration of the conservation area or the proposed 6-foot wall along County Barn Road. There was some questioning from the public directed to the President of the Home Owners Association (HOA) relative to assessments fees and time frame for construction. Many of the questions by the homeowners related to the HOA approval of this project. Tom deferred those questions to Richard Barry, the HOA President, who was on hand to field those questions. A couple of letters of opposition and/or concern over how the HOA handled the assessment were submitted to staff and are a part of the backup. A copy of the NIM summary and sign-in sheet are included in Attachment D. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s Office reviewed this staff report on October 4, 2018. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments: A) Proposed Ordinance B) FLUE Consistency Review C) Master Plan/Cross Section D) Backup Materials E) Correspondence Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 1 of 2 Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Tim Finn, AICP, Principal Planner, Zoning Services Section, Zoning Division From: Sue Faulkner, Principal Planner, Comprehensive Planning Section, Zoning Division Date: July 20, 2018 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PDI-PL20160001023 (Submittal 5, Review 2) PETITION NAME: Windsong PUD (previously submitted under Villas at Greenwood Lake PDI) REQUEST: The petitioner is requesting to insignificantly amend the Windsong Planned Unit Development (PDI), Ord. #98-73, adopted on September 8, 1998, which repealed the previous Ordinance #88-6, as previously amended. The applicant requests to amend the PUD Master Plan and reconfigure the preserve area and to allow the buffer along the eastern property line to include a wall. A Preserve Monitoring and Maintenance Plan are included in the application. Simultaneously, the applicant is applying to vacate 28 feet of existing Conservation Easement adjacent to County Barn Road, and mitigate by creating a new conservation easement in the southeast corner of the project (currently reserved as a future tract and is a portion of the community that was never developed). The existing application for the Conservation Easement vacation must be approved prior to the approval of the PUDA petition. LOCATION: The ±37.6-acre subject PUD site is located at the northwest corner of the intersection of County Barn Road and Rattlesnake Hammock Road (CR864), in Section 17, Township 50 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject PUD site is designated Urban – Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map of the Growth Management Plan (GMP). Urban designated areas and the Urban Mixed Use District accommodate a variety of residential and non- residential uses, including mixed-use developments such as Planned Unit Developments. Relative to this petition, the Urban Residential Subdistrict allows residential uses at a base density of 4 dwelling units per acre (DU/A), yielding 150 DUs on the 37.6-acre site (37.6A * 4DU/A = 150.4 DU/A). Ordinance #98-73 is approved for a total of 145 residential single-family dwelling units (which is consistent with the FLUE’s Density Rating System). Only 134 dwelling units have been constructed to date and with this insubstantial change, the PUD will be built-out with the existing 134 dwelling units. Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 2 of 2 FLUE Policies are stated below in italics; each is followed by staff analysis in bold text within [brackets]. FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning leaves this determination to the Zoning Services Section’s staff as part of their review of the petition in its entirety.] FLUE Objective 7 and Relevant Policies: Given the nature of this petition and the minor changes proposed (no changes in permitted uses, densities, or intensities), staff is of the opinion that a re-evaluation of FLUE policies under Objective 7 (pertaining to access, interconnections, walkability, etc.) is not necessary. PETITION ON CITYVIEW CONCLUSION Based on the above analysis, staff finds the subject petition consistent with the FLUE. cc: Michael Bosi, AICP, Director, Zoning Division David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section, Zoning Division Raymond V. Bellows, Manager, Zoning Services Section, Zoning Division PDI-PL2016-1023 Windsong Submittal5R2.docx TYPE'D'BUFFERi PIESERVE 15 28' FROA,I PROPERTY IOUNDAIY N A RMF-6 WINDSONG PUD RIVER GOtF ESTATES PLANNED UNIT DEVELOPMENTT ! I R LAND USE SUMMARY ROW tEstDENTtAt (t) flGHT-Or-W Y (ROW) PRESEIVE IAKE OTHEP OPEN SPACE I8.28 ACREs 3.98 ACRES 6.r 2 ACRES 6.04 ACRES r.59 ACRES 36.0t ACRES t.59 ACRES 37.60 ACRES oZ 2 // \\ I t I I I I I I I I I It' I I / ! i I R SUIIOTAL tow DEDtclTtoNs TOTAL I-AKE REQUNEDI PROVIDED I6% Of TOTAL AREA 37.60 ACIES x O.l6= 6.02 ACRES 6.12 ACRES I I R o = PUD DENSITY TOTALAREA GEOSS DtNSITY IO]AL UNITS 37.6 ACRES 3.86 UNTTS/ACRE r!5 uNtTs I I I R - TAKE - RESIDENTIAT i I I I l. - ROW . OPEN SPACE R - pRESERVE - PROPERTY TINE RATTTEsNAKE HA,A(|^OC( iOAO Ct. 86a 1 25', t/W il\cNouRMF-I6 EXHIBIT A MASTER PLAN JUNE,2018 SCALE: 1" = 250' Bensrn & Noie: Prelerves lholl meet buller requirements ofter removol of exotics in occordonce wilh LDC Seclions 4.06.02 ond 4.06.05.E.1 or supplem6ntol plorlng will be required, in o.cordon.e with LDC Sedion 3.05.07. Bnuupacr, rNc. Protdrion.l E !ir..6, n.nn.6 & SuN.yon II TYPE ,D' BUFFERi l NATIVE VEGETATION PR€SERVE lECiEND llr lll llr flI llI llI U c=--< ' o o I ATTACHMENT 4 (CROSS SECTION) Villas at Greenwood Lake HOA Preservation Area Plan September 2018 OLI ER& RUNDAGE, INC. Profess ional l.n gi neers, Planners et Survevors Preservation Area to ROW Cross Section nts County Barn Rd +2gr Conservation Easerient Type "D" Landscape Buffer 10' Preserve Setback 0:l 3..I +6.9+6.9 General Notes: 1. Wall setback from Preservation Area is 5' per LDC. 2. Wall excavation for footing setback from Preservation Area is l0' per LDC. 3. Fill for Berm setback from Preservation Area is l0' per LDC. 4. Landscaping and wall specifications per requirements at time of permitting. 5. Entire area above contained in Tract ooB" Buffer, CE and DE. Refer to Plat Book 31 Pages 87 to 91. 6. *Wall location within 20' landscape buffer to be determined during insubstantial change to construction plans. trl t Conc. block wall 1 K:\2017\17-0064 Villas at Greenwood Lake\Correspondences\Documents\NIM\2018 NIM\PDI Narrative.docx May 11, 2018 REV August 28, 2018 ABB PN 17-0064 Villas at Greenwood Lake PDI-PL20160001023 Revised Project Narrative: In March of 2016, the community of Villas at Greenwood Lake began the process of amending the PDI to construct a wall along the eastern property line to better buffer the residences from the County Barn Road right of way. A Neighborhood Information Meeting (NIM) was held by Jeff Nunner of Nunner, LLC on February 2, 2017. Through a series of comments and responses, Nunner, LLC made a final PDI submittal to address comments for the Villas at Greenwood Lake PDI to go to the Board of County Commissioners in March 2017. The PDI public hearing was put on hold in March 2017 pending vacation of the existing Conservation Easement, which at the time staff determined must occur prior to the PDI being approved. The Villas at Greenwood Lake then engaged ABB as their new agent to complete the easement vacation and also revised the PDI to match the proposed easement vacation. The community is proposing to vacate 28’ of Conservation Easement adjacent to County Barn Road to accommodate the 6’ privacy wall on top of the perimeter berm. The easement vacation will be mitigated by the creation of a new conservation easement area in the southeast corner of the project that is currently reserved as a future tract and is a portion of the community that was never developed. The addition of the conservation easement in this area will equal the portion along the east side of the property boundary being vacated, plus provide additional preserve area needed to develop the remaining unbuilt portion of the community. The Conservation Easement Vacation was submitted on August 18, 2017, then resubmitted in response to the first review comments on December 5, 2017. Between the first and second submittals, a meeting with Scott Stone, Assistant County Attorney, and Chris Scott from Growth Management took place on October 13, 2017. In that meeting, it was decided that both the Easement Vacation and PDI change would be heard on the same date. The revised Easement 2 K:\2017\17-0064 Villas at Greenwood Lake\Correspondences\Documents\NIM\2018 NIM\PDI Narrative.docx Vacation and proposed Conservation Easement have changed slightly since the December 5, 2017 submittal. The revised proposed Conservation Easement is further to the east abutting the ROW, leaving some future residential lot area contiguous with the existing community. The proposed easement is sufficient to meet the needs of a future residential lot buildout scenario. It has been determined that this submittal will need to be a PUDA so that it can be addressed by the hearing examiner while the conservation is also vacated at the same time. This PUDA resubmittal includes the same (matching) Conservation Easement as what is currently being reviewed in the Easement Vacation process. Staff has requested that the PUDA be revised and resubmitted with a new agent (ABB) and that only the portions of the original PDI that need to be adjusted be addressed in the revised PUDA submittal. PDI - PL20160001023 ATTACHMENT 4 (CROSS SECTION) Villas at Greenwood Lake HOA Preservation Area Plan September 2018 Preservation Area to ROW Cross Section nts General Notes: 1. Wall setback from Preservation Area is 5’ per LDC. 2. Wall excavation for footing setback from Preservation Area is 10’ per LDC. 3. Fill for Berm setback from Preservation Area is 10’ per LDC. 4. Landscaping and wall specifications per requirements at time of permitting. 5. Entire area above contained in Tract “B” Buffer, CE and DE. Refer to Plat Book 31 Pages 87 to 91. 6. *Wall location within 20’ landscape buffer to be determined during insubstantial change to construction plans. EXISTING CANAL COUNTY BARN ROAD 125' R/WRMF-16RMF-6 RMF-6MHPUDRIVER GOLF ESTATESPRESERVE ROWRRRRLAKERRRATTLESNAKE HAMMOCK ROAD C.R. 864 125' R/WLAND USE SUMMARYRESIDENTIAL (R)18.28 ACRESRIGHT-OF-WAY (ROW)3.98 ACRESPRESERVE6.12 ACRESLAKE 6.04 ACRESOTHER OPEN SPACE1.59 ACRESSUBTOTAL 36.01 ACRESROW DEDICATIONS1.59 ACRESTOTAL 37.60 ACRESNATIVE VEGETATION PRESERVEREQUIRED:16% OF TOTAL AREA37.60 ACRES x 0.16= 6.02 ACRESPROVIDED6.12 ACRESPUD DENSITYTOTAL AREA37.6 ACRESGROSS DENSITY3.86 UNITS/ACRETOTAL UNITS145 UNITSWINDSONGPLANNED UNIT DEVELOPMENTEXHIBIT AMASTER PLANJUNE, 2018PRESERVE IS 28' FROMPROPERTY BOUNDARYTYPE "D" BUFFER*TYPE "B" BUFFER*TYPE "D" BUFFER*SCALE: 1" = 250'TYPE "A" BUFFER*LEGEND - LAKE - ROW - PRESERVE - PROPERTY LINE\\syno-fs01\Projects\2017\17-0064 Villas at GreenwoodLake\CAD\PUD Master Plan\11749 - PUD Master Plan.dwgTYPE "B" BUFFER* - RESIDENTIAL - OPEN SPACENote: Preserves shall meet buffer requirements after removal of exotics inaccordance with LDC Sections 4.06.02 and 4.06.05.E.I or supplementalplating will be required, in accordance with LDC Section 3.05.07. 1 PL20160001023, PUD Amendment to Windsong PUD Neighborhood Information Meeting Villas at Greenwood Lake Clubhouse 5843 Greenwood Circle, Naples, FL 34112 September 11, 2018 at 6 pm Summary of Meeting The meeting was called to order by Tom Barber of Agnoli, Barber & Brundage, Inc., representing the Villas at Greenwood Lake HOA, promptly at 6 pm. He introduced himself and requested that everyone sign in and that all questions be asked at the end of the presentation. A copy of the sign-in sheet is attached as Exhibit A. Tom Barber began by introducing himself and the project. During his presentation, Tom referred to three large exhibits prepared by Agnoli, Barber & Brundage which were displayed on tables at the front of the room (copies attached as Exhibits B, C and D). Tom explained that the Windsong PUD is a planned development and in the development, there is a certain amount of preserve that is set aside when developing a piece of property. When this development was originally created, there was a preserve that ran along the eastern side along County Barn Road (referring to Exhibit B). Tom stated that it’s now the Villas’ wishes that they put a privacy wall along County Bard Road. To do that, a portion of the easement must be vacated. Tom referred to the exhibit of the amended PUD showing the existing and revised easements. While standing next to this exhibit, he showed the revised easement under the PUD amendment where, along the eastern side, there will be an easement that is 28’ wide, so that there can be a landscape buffer, a small 1’ or 2’ berm and a wall. Tom explained that the area in blue on Exhibit D is the portion of the existing conservation easement that is being vacated. He showed that the area in green is the replacement conservation easement, which is all currently residential tract. Tom said that the project overall is a positive for the community in that it will screen residents from County Barn Road and also enclose the community and make it a safer community. Tom then opened the meeting up for questions. Many of the questions by the homeowners related to the HOA approval of this project. Tom deferred those questions to Richard Barry, the HOA President, who was on hand to field those questions. A summary of the discussion is as follows: A homeowner asked why they were doing this. Another homeowner stated something but was inaudible. Tom Barber stated that the HOA voted and passed the approval to vacate the easement to build the wall, so the community agreed to do this project. 2 Another homeowner [Tom, HOA Board Member] stated that that was not really correct and that the majority of the people in the community voted not to have the wall. Dick Barry, President of the HOA, stood up and introduced himself. He told the Board member that what he said was patently wrong. Dick said there were three special member meetings. There was a petition where people didn’t want to fund the wall and that was true. There were two special member meetings after that, and at the last members meeting when the wall was adopted, the option before the board was to go for a hedge line or a fence. Based on the 53 owners that were in the room, with 52 supporting the fence, that was the vote of the Board. Dick stated that it’s part of the public record in the minutes. He then stated to anyone in attendance who may be from outside the Villas at Greenwood Lake that this meeting is about relocating the preserve and that what is done with the wall down the road (hedges, wall or fence) has yet to be determined. He reminded everyone that until this portion is done, nothing can be done. He advised the Board member that his discussions are for another time and another venue; not this meeting. A homeowner stated he’s still confused about the project and the placement of shrubbery. Tom Barber stated that the green area is the new preserve, which is not currently a preserve, and the yellow dashed line represents where there could potentially be a wall and landscape buffer and a wall. He questioned whether there would be a landscape buffer and a wall, to which Tom Barber said yes. Tom explained that with a wall, you have to put buffering outside the wall to screen the wall. A question was posed as to the size of the easement vacation. Tom Barber explained that the easement vacation width is 28’ wide and the landscape buffer would be about 5 .’ The homeowner then asked if the wall will be 5’ behind the buffer, to which Tom said yes. A homeowner questioned whether the wall would be concrete. Tom Barber answered that the material has yet to be determined. Dick Barry clarified that the wall in the front will match the existing wall. The material for the wall along County Barn Road will be determined once the bids come in. Some of the homeowners are looking into companies/pricing, but it has not yet been determined. Another homeowner asked whether there would be a special assessment, and Dick Barry said it’s already been assessed and done and paid last year. Another homeowner stated she was at a meeting where they were shown shrubs that were going to be grown in place of a wall and that they would make a good buffer – they were fast growing. Dick Barry acknowledged there was a meeting but clarified that it was not a Board meeting; it was an ad hoc committee meeting to check the figures the board put out to check whether the cost of a hedge line was the same as what had been anticipated. He stated that the chairman of that committee was Pete Williams. Dick Barry stated that at the members meeting where the Board made the final vote, Pete was in support of the fence, not the bushes. He stated that all of this is in the records, which Judy [property manager] can provide. 3 Another homeowner asked why it was decided to do other than what the majority wanted. Dick Barry stated that a decision had already been made to put the wall up. She stated that it was not at that time, to which Dick Barry corrected her. He once again stated there were three meetings. The project was canceled, then started over with the second members meeting and the third members meeting. All in the record. Final decision was the third members meeting, which was after that committee meeting. He reiterated that this has nothing to do with the easement vacation process and that nothing can be placed out there until the County approves the relocation of the preserve. The homeowner then asked whether the County has to make a special distinction for having the wall and the shrubs or anything like that. Dick Barry stated that the engineers and County informed them that they have to go through this vacation of the easement because it’s a preserve – right up to the property line. The landscape plan will have to be the landscape plan already approved by the County in the original development. A different homeowner asked who they were vacating the easement to. Tom Barber stated that they are vacating a conservation easement and then bringing it over to the Villas. It was then asked how far the eastern edge of the easement starts from the center line of County Barn Road. Dick Barry stated that they took 125’ right of way, so the buffer would be at 125’ feet from the center of the right of way, the centerline of County Barn Road. Tom Barber stated that the property boundary runs right along the vegetation line, so it would be 28’ inside that vegetation line. The homeowner then followed up asking whether additional vegetation and trees would be cut down when the drainage is put in. Tom Barber told him no. Another homeowner asked whether anything could be built in the remaining area if this goes through. Dick Barry answered that there are seven house units if the owners ever decide to develop that area. Dick said he would not go into this subject further at this meeting. The previous homeowner asked for clarification regarding the right of way and the centerline of County Barn Road, to which Dick Barry addressed. Another homeowner asked to be shown on Exhibit D where the seven house units are located. Tom explained that currently, it is all residential, but that the green area is where the new conservation easement will be, and the rest will be residential. A different homeowner said he was confused about “preserve property.” He wondered if it was a “pick and choose” thing because he said that for the 19 years he’s been here, you couldn’t put anything back there. Now, they want to touch it. He knows that County Barn Road didn’t destroy all of it; there is more vegetation than 19 years ago. He wanted to know if it can happen with another development and why have a preserve property and he thought it was from the beginning when they built the properties. Tom Barber explained that you have to have a certain amount of preserve per your PUD. The homeowner further questioned how it can be changed once 4 it was determined what was preserve. Tom Barber further discussed how the location of the proposed new conservation easement will take the place of the current preserve area. Another homeowner spoke up and stated that it’s pretty basic and asked what he is missing. [inaudible discussion amongst themselves]… He then continued stating the Villas wanted to put some kind of barrier along County Barn Road. In order to do that, they have to get into the preserve land. In order to do that, the Villas is saying, “we’ll take that land and we’ll give you this land.” More inaudible discussion and laughter. Dick Barry suggested they move on. Tom Barber asked if there were any further questions. A homeowner asked whether he understood correctly that they were not giving up property, just reorganizing it so that they can do something further later should they desire to do that. Tom Barber confirmed he is correct. Dick Barry stated that it would take a 2/3 vote of the membership to convey property. He stated that all this is doing is saying, “this is preserve today, and this is preserve tomorrow.” A homeowner asked whether it’s Collier County who makes the final decision. Tom Barber answered affirmatively. He said that after this meeting, ABB will write it up and it will be heard by the hearing examiner and they will approve or deny it. Gil Martinez with the County corrected Tom and stated that it will be heard by the CCPC (Collier County Planning Commission), local planning board. From there, it will go to the Board of County Commissioners for final approval. The homeowner asked for confirmation of her understanding that until it has been approved, nothing can be done out there. Dick Barry confirmed. A homeowner asked Tom Barber whether he felt it would go through. Tom stated he had a good feeling it would and did not see a reason why it wouldn’t. It was asked what the next step would be. Tom Barber explained that there would need to be a site development plan to show the location of the berm, landscaping, and whatever is proposed for there. It was asked what happens if it’s not approved. Dick Barry stated it would be turned over to attorneys and engineers to fin d out what happened. The homeowner again asked Tom whether he felt what they’ve done would go through so that they could do whatever they want in that area later on. Tom said he thinks so and that it’s all developable area and dedicating it and conserving it and taking some portion along the right of way and that it was a positive for the County and their community. Another homeowner asked whether it was acre-for-acre. Tom Barber answered that the new conservation area is 1/10 of an acre more. Dick Barry reconfirmed with Tom Barber that Phase 2 had no conversation area and that because of the new acquisition, there had to be more conservation area, which is why there’s a little more. 5 A homeowner asked whether this would cost the Association any money. Dick Barry stated it had already been paid for by special assessment. Another homeowner asked whether the money that has been paid covers everything through approval. Dick Barry said that when the assessment was issued, it included all estimated construction costs, engineering and permitting and a 20% contingency. He thinks the 20% continency is probably more like 5% now because it has taken 3- 1/2 years to date and the assessment was 18 months ago. They check periodically with vendors on pricing. He reiterated that all of those discussions will be at a later date after the County approves this vacation. Tom Barber asked if there were any other questions. A homeowner asked when it will be taken to the BOCC to finalize. Tom deferred to Gil Martinez. Gil stated that it’s tentatively scheduled to be heard by the Planning Commission in mid -October and then hopefully will make it to the BOCC in early December. He stated that those are tentative dates and that this is still a work in process. Dick stated that their Board would then get to work in January and get it out for bid and will start working in earnest once they find out what the BOCC does in December. A homeowner asked how to shorten the process; there is none. The meeting was adjourned at 6:21 pm. This meeting was audio recorded by Agnoli, Barber & Brundage; a copy of which has been provided to the County. The meeting summary was also prepared b y Agnoli, Barber & Brundage. EXISTING CANAL COUNTY BARN ROAD 125' R/WRMF-16RMF-6 RMF-6MHPUDRIVER GOLF ESTATESPRESERVE ROWRRRRLAKERRRATTLESNAKE HAMMOCK ROAD C.R. 864 125' R/WLAND USE SUMMARYRESIDENTIAL (R)18.28 ACRESRIGHT-OF-WAY (ROW)3.98 ACRESPRESERVE6.12 ACRESLAKE 6.04 ACRESOTHER OPEN SPACE1.59 ACRESSUBTOTAL 36.01 ACRESROW DEDICATIONS1.59 ACRESTOTAL 37.60 ACRESNATIVE VEGETATION PRESERVEREQUIRED:16% OF TOTAL AREA37.60 ACRES x 0.16= 6.02 ACRESPROVIDED6.12 ACRESPUD DENSITYTOTAL AREA37.6 ACRESGROSS DENSITY3.86 UNITS/ACRETOTAL UNITS145 UNITSWINDSONGPLANNED UNIT DEVELOPMENTEXHIBIT AMASTER PLANJUNE, 2018PRESERVE IS 28' FROMPROPERTY BOUNDARYTYPE "D" BUFFER*TYPE "B" BUFFER*TYPE "D" BUFFER*SCALE: 1" = 250'TYPE "A" BUFFER*LEGEND - LAKE - ROW - PRESERVE - PROPERTY LINE\\syno-fs01\Projects\2017\17-0064 Villas at GreenwoodLake\CAD\PUD Master Plan\11749 - PUD Master Plan.dwgTYPE "B" BUFFER* - RESIDENTIAL - OPEN SPACENote: Preserves shall meet buffer requirements after removal of exotics inaccordance with LDC Sections 4.06.02 and 4.06.05.E.I or supplementalplating will be required, in accordance with LDC Section 3.05.07. (PLAT BOOK 13, PAGE 108-111) RATTLESNAKE HAMMOCK ROAD COUNTY BARN ROADN VILLAS ATGREENWOOD LAKECONSERVATION EASEMENT VACATION (PROPOSED PRIVACY WALL) PROPOSED REPLACEMENT CONSERVATION EASEMENT Legend PROPOSED PRIVACY WALL PRESERVE MONITORING AND MAINTENANCE PLAN VILLAS AT GREENWOOD LAKE REV. JULY 6, 2018 Prepared by: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE NAPLES, FL 34104 Villas at Greenwood Lake Section 17, Township 50 South, Range 26 East, Collier County. Preserve Management Plan Rev. July 6 , 2018 1 TABLE OF CONTENTS Chapters Page 1.0 INTRODUCTION 2 2.0 EXISTING CONDITIONS 2 3.0 IMPACTS 6 4.0 PRESERVE AREA 7 4.1 Initial Enhancement Activities 7 4.2 Supplemental Plantings 8 4.3 Preserve Goals 8 5.0 PROTECTION DURING CONSTRUCTION 9 6.0 LONG-TERM PROTECTION 9 7.0 GENERAL MAINTENANCE 9 7.1 Vines 9 7.2 Weeds and Weedy Species 10 7.3 Unique to Upland Habitats 10 8.0 DESIGNATION OF PRESERVE MANAGER 10 9.0 WILDLIFE HABITAT MANAGEMENT 11 9.1 Big Cypress Fox Squirrel 11 9.2 Eastern Indigo Snake 11 10.0 VEGETATION REMOVAL PERMITS 11 10.1 Dead/Dying/Leaning Trees Posing Public Safety Property Issues 11 Tables 1 Existing Habitat FLUCFCS Table 3 2 Proposed Plan 3 3 Description of Habitats 1 & 2 4 4 Description of Habitats 3-6 4 5 Description of Habitats 7-9 5 6 Description of Habitats 10-11 6 7 Impacts 6 8 Preserve Target Habitats 7 9 Supplemental Plantings, Sizes and Spacing 8 Exhibits 1 Location Map 2 FLUCCS Map 3 Impacts Map 4 Preserve Map 5 Soils Map Villas at Greenwood Lake Section 17, Township 50 South, Range 26 East, Collier County. Preserve Management Plan Rev. July 6 , 2018 2 1.0 INTRODUCTION The purpose of this plan is to document pre-restoration conditions of an existing 5.52 acre preserve area, as well as proposed maintenance and monitoring activities for this and an additional 1.20 acre conservation area to be added external to the development footprint of the project known as Villas at Greenwood Lake. Preserve acreage would total 6.12 upon completion of the proposed work. The project is located in Section 17, Township 50 South, Range 26 East, of Collier County on the corner of County Barn Road and Rattlesnake Hammock Road. Surrounding land use can be characterized by residential development in the form of single-family villas directly north and west of this parcel, mobile homes to the east across County Barn Road and multi-family to the south across Rattle Snake Hammock Road. The site plan proposes to construct a visual/sound barrier wall along the eastern perimeter of the site, adjacent to County Barn Road, wrapping slightly around the north and south sides in a westerly direction. Impacts associated with the new wall would include 0.60 upland acres to the existing 5.52 acre preserve and 0.44 upland acres of impacts to a new undeveloped area (1.04 acres total). Of the 1.04 acres worth of proposed impacts, 0.10 acres are to open mowed area on the southeast corner of the site. Both existing and proposed preserves will need restoration and maintenance work as outlined in the following chapters in order to meet current native preserve guidelines. 2.0 EXISTING CONDITIONS The 5.52 acre previously designated preserve area has a variety of exotic and landscape plant species present in varying densities throughout. There are also a few thin linear areas (habitats #9 and #11), which have been planted with ornamental or fruit tree landscape material and/or are grassed and mowed, which will need restoration done to bring them back into compliance. Of the newly added 1.20 acre preserve, most of it is relatively impacted by exotic plant species and hurricane debris to some degree. Prior to Hurricane Irma, the canopy coverage was considerably denser than it is presently. It appears based on what has fallen and what is remaining now that the canopy was dominated before the hurricane by ear-leaf acacia. The pines fared a bit better than the ear-leaf during the storm, but there is still a dominance of exotic species in the canopy overall. The following table (1) provides the habitats as described in the Florida Land Use, Cover and Forms Classification System (FLUCFCS), with a more detailed species list for each immediately following Table 1. Villas at Greenwood Lake Section 17, Township 50 South, Range 26 East, Collier County. Preserve Management Plan Rev. July 6 , 2018 3 Table 1- Existing Habitat FLUCFCS Table Habitat # FLUCFCS Code Description Acreage 1 411E3 Pine Flatwood 60% Exotic 0.70 2 411E2 Pine Flatwood 40% Exotic 0.87 3 411E3 Pine Flatwood 72% Exotic 0.33 4 740 Cleared Land 0.27 5 411/740 Pine Flatwood, Cleared Under 0.23 6 740 Cleared Land 0.10 7 411 Pine Flatwood 2.08 8 434 Hardwood-Conifer Mixed 0.87 9 434E2 Hardwood-Conifer Mixed 40% Exotic 0.34 10 434 Hardwood-Conifer Mixed 1.12 11 434 Hardwood-Conifer Mixed 0.38 12 624 Cypress-Pine-Cabbage Palm 0.73 TOTAL 8.02 TOTAL NATIVE VEGETATION 7.65 Table 2- Proposed Plan Number FLUCFCS Description Total Ac Impact Ac Preserve Ac Un-used Ac 1 411e3 Pine flatwood 60% Exotic 0.70 0.18 0.51 2 411e2 Pine flatwood 40% Exotic 0.87 0.10 0.41 0.36 3 411e3 Pine flatwood 72% Exotic 0.33 0.06 0.16 0.11 4 740 Cleared Land 0.27 0.27 5 411/740 Pine flatwood, Clear Under 0.23 0.11 0.12 6 740 Cleared Land 0.10 0.10 7 411 Pine flatwood 2.08 0.47 1.62 8 434 Hardwood-Conifer Mix 0.87 0.13 0.74 9 434e2 Hardwood-Conifer Mix 4% Exotic 0.34 0.34 10 434 Hardwood-Conifer Mix 1.12 1.12 11 434 Hardwood-Conifer Mix 0.38 0.38 12 624 Cypress-Pine-Cabbage Palm 0.73 0.73 Existing Preserve 0.60 Ac Impacts 4.93 Ac Preserve Undeveloped New Area 0.34 Ac Impacts 1.19 Ac Preserve 8.02 1.04 6.12 0.86 Villas at Greenwood Lake Section 17, Township 50 South, Range 26 East, Collier County. Preserve Management Plan Rev. July 6 , 2018 4 Table 3- Description of Habitats 1 & 2 1- 411E3 2- 411E2 Common Name Scientific Name % Cover Common Name Scientific Name % Cover CANOPY 55 CANOPY 40 *ear-leaf acacia Acacia auriculiformis 60 slash pine Pinus elliottii 60 *tropical almond Terminalia catappa 20 *ear-leaf acacia Acacia auriculiformis 35 slash pine Pinus elliottii 20 *tropical almond Terminalia catappa 5 MIDSTORY 50 MIDSTORY 30 *ear-leaf acacia Acacia auriculiformis 60 *ear-leaf acacia Acacia auriculiformis 40 cabbage palm Sabal palmetto 20 *Brazilian pepper Schinus terebinthifolius 35 *Brazilian pepper Schinus terebinthifolius 15 gumbo limbo Bursera simaruba 15 myrsine Myrsine guianensis 5 cabbage palm Sabal palmetto 7 GROUNDCOVER 25 *tropical almond Terminalia catappa 3 grapevine Vitis rotundifolia 30 GROUNDCOVER 60 saw palmetto Myrsine guianensis 25 grapevine Vitis rotundifolia 25 *Brazilian pepper Schinus terebinthifolius 25 saw palmetto Myrsine guianensis 15 *ear-leaf acacia Acacia auriculiformis 8 *ear-leaf acacia Acacia auriculiformis 12 gumbo limbo Bursera simaruba 8 gumbo limbo Bursera simaruba 12 wax myrtle Myrica cerifera 4 *Brazilian pepper Schinus terebinthifolius 12 *carrotwood Cupaniopsis anacardioides 8 myrsine Myrsine guianensis 4 *tropical almond Terminalia catappa 4 smilax vine Smilax spp. 4 *wedelia Sphagneticola trilobata 4 Table 4- Description of Habitats 3-6 3- 411E3 4- 740 Common Name Scientific Name % Cover Common Name Scientific Name % Cover CANOPY 55 CANOPY 0 *ear-leaf acacia Acacia auriculiformis 70 MIDSTORY 0 slash pine Pinus elliottii 20 GROUNDCOVER 3 cabbage palm Sabal palmetto 5 *oyster plant Tradescantia spathacea 50 strangler fig Ficus aurea 3 common wireweed Sida acuta 50 *melaleuca Melaleuca quinquenervia 2 5- 411/ 740 MIDSTORY 60 Common Name Scientific Name % Cover *ear-leaf acacia Acacia auriculiformis 65 CANOPY 35 *Brazilian pepper Schinus terebinthifolius 15 slash pine Pinus elliottii 100 *melaleuca Melaleuca quinquenervia 10 MIDSTORY 0 cabbage palm Sabal palmetto 4 GROUNDCOVER 10 Chapman oak Quercus chapmanii 2 saw palmetto Myrsine guianensis 30 *carrotwood Cupaniopsis anacardioides 1 *oyster plant Tradescantia spathacea 25 myrsine Myrsine guianensis 1 *white-head broom Spermacoce spp. 25 laurel oak Quercus laurifolia 1 *ear-leaf acacia Acacia auriculiformis 20 gumbo limbo Bursera simaruba 1 6- 740 GROUNDCOVER 45 Common Name Scientific Name % Cover grapevine Vitis rotundifolia 25 CANOPY 0 *ear-leaf acacia Acacia auriculiformis 25 MIDSTORY 0 saw palmetto Myrsine guianensis 18 GROUNDCOVER 100 *periwinkle Catharanthus roseus 10 *bahia grass Paspalum notatum 100 Chapman oak Quercus chapmanii 5 *Brazilian pepper Schinus terebinthifolius 5 gumbo limbo Bursera simaruba 5 beautyberry Callicarpa americana 3 *carrotwood Cupaniopsis anacardioides 3 *schefflera Schefflera actinophylla 1 Villas at Greenwood Lake Section 17, Township 50 South, Range 26 East, Collier County. Preserve Management Plan Rev. July 6 , 2018 5 Table 5- Description of Habitats 7-9 7- 411 8- 434 Common Name Scientific Name % Cover Common Name Scientific Name % Cover CANOPY 48 CANOPY 40 slash pine Pinus elliottii 71 slash pine Pinus elliottii 50 cabbage palm Sabal palmetto 14 cabbage palm Sabal palmetto 40 cypress Taxodium distichum 12 laurel oak Quercus laurifolia 10 *ear-leaf acacia Acacia auriculiformis 2 MIDSTORY 20 laurel oak Quercus laurifolia 1 *allamanda Allamanda spp. 35 MIDSTORY 30 *Queen palm Syagrus romanzoffiana 25 *ear-leaf acacia Acacia auriculiformis 28 cabbage palm Sabal palmetto 25 cabbage palm Sabal palmetto 28 *ear-leaf acacia Acacia auriculiformis 15 slash pine Pinus elliottii 14 GROUNDCOVER 100 Simpson stopper Myrcianthes fragrans 6 *wedelia Sphagneticola trilobata 36 dahoon holly Ilex cassine 3 *allamanda Allamanda spp. 28 fire bush Hamelia patens 3 *floratam Stenotaphrum secundatum 18 *Brazilian pepper Schinus terebinthifolius 3 *ear-leaf acacia Acacia auriculiformis 7 *allamanda Allamanda spp. 3 broom grass Andropogon spp. 5 *orchid tree species unknown 2 *Caesar weed Urena lobata 5 myrsine Myrsine guianensis 2 9- 434E2 strangler fig Ficus aurea 2 Common Name Scientific Name % Cover gumbo limbo Bursera simaruba 2 CANOPY live oak Quercus virginiana 1 slash pine Pinus elliottii red maple Acer rubrum 1 cabbage palm Sabal palmetto wax myrtle Myrica cerifera 1 laurel oak Quercus laurifolia *Queen palm Syagrus romanzoffiana 1 *areca palm Dypsis lutescens GROUNDCOVER 86 *Queen palm Syagrus romanzoffiana *white-head broom Spermacoce spp. 18 gumbo limbo Bursera simaruba grapevine Vitis rotundifolia 15 MIDSTORY *torpedo grass Panicum repens 14 *bird of paradise *wedelia Wedelia trilobata 12 *Queen palm Syagrus romanzoffiana *ear-leaf acacia Acacia auriculiformis 9 *ear-leaf acacia Acacia auriculiformis *rose natal grass Melinis repens 4 *carrotwood Cupaniopsis anacardioides saw palmetto Myrsine guianensis 3 *areca palm Dypsis lutescens Alabama sedge Cyperus ligularis 3 *schefflera Schefflera actinophylla Fakahatchee grass Tripsacum dactyloides 3 *sour orange Citrus aurantium sand blackberry Rubus cuneifolius 2 *bishopwood Bischofia javanica wax myrtle Myrica cerifera 1 firebush Hamelia patens coontie Zamia integrifolia 1 wax myrtle Myrica cerifera Simpson stopper Myrcianthes fragrans 1 *Norfolk pine Araucaria heterophylla broom grass Andropogon spp. 1 GROUNDCOVER smilax vine Smilax spp. 1 *wedelia Sphagneticola trilobata *rosary pea Abrus precatorius 1 *Heliconia Heliconia spp. slash pine Pinus elliottii 1 *floratam Stenotaphrum secundatum *Brazilian pepper Schinus terebinthifolius 1 firebush Hamelia patens *allamanda Allamanda spp. 1 *sour orange Citrus aurantium *carrotwood Cupaniopsis anacardioides 1 *ginger *Boston fern Nephrolepsis cordifolia Villas at Greenwood Lake Section 17, Township 50 South, Range 26 East, Collier County. Preserve Management Plan Rev. July 6 , 2018 6 Table 6- Description of Habitats 10 and 11 11- 434 12- 624 Common Name Scientific Name % Cover Common Name Scientific Name % Cover CANOPY CANOPY 40 slash pine Pinus elliottii slash pine Pinus elliottii 42 live oak Quercus virginiana cypress Taxodium distichum 42 cabbage palm Sabal palmetto cabbage palm Sabal palmetto 5 cypress Taxodium distichum strangler fig Ficus aurea 5 MIDSTORY laurel oak Quercus laurifolia 4 *banana tree red maple Acer rubrum 2 UNDERSTORY MIDSTORY 50 *floratam Stenotaphrum secundatum cypress Taxodium distichum 30 *schefflera Schefflera actinophylla mahogany Swietenia mahagoni 30 live oak Quercus virginiana 15 *carrotwood Cupaniopsis anacardioides 11 wax myrtle Myrica cerifera 8 laurel oak Quercus laurifolia 8 firebush Hamelia patens 5 slash pine Pinus elliottii 5 UNDERSTORY 80 *wedelia Wedelia trilobata 55 *white-head broom Spermacoce spp. 25 laurel oak Quercus laurifolia 8 broom grass Andropogon spp. 3 Alabama sedge Cyperus ligularis 3 mahogany Swietenia mahagoni 3 *Cuban laurel Ficus retusa 3 3.0 IMPACTS Impacts proposed for this project are primarily to disturbed natural habitats. Some desirable species are found within these zones as well, but the eastern preserve berm contains quite a few exotic midstory and groundcover species. Additionally the habitats immediately west of the berm have varying degrees of unwanted species that, because they are not necessarily found in the canopy, might not be reflected in the FLUCFCS Code. Tables above outline species and exotics in each habitat. There are 1.04 acres of impacts proposed for the fence, of which 0.94 acres is to what constitutes native habitat according to the Land Development Code. Table 7- Impacts Habitat # FLUCFCS Code Description Acreage Impacts 1 411E3 Pine Flatwood 60% Exotic 0.70 0.18 2 411E2 Pine Flatwood 40% Exotic 0.87 0.10 3 411E3 Pine Flatwood 72% Exotic 0.33 0.06 4 740 Cleared Land 0.27 0.10 7 411 Pine Flatwoods 2.08 0.47 8 434 Hardwood-Conifer Mixed 0.87 0.13 TOTAL 5.12 1.04 NATIVE VEGETATION 4.85 0.94 Villas at Greenwood Lake Section 17, Township 50 South, Range 26 East, Collier County. Preserve Management Plan Rev. July 6 , 2018 7 4.0 PRESERVE AREA Portions of four (4) habitats onsite will be placed into conservation easement with Collier County to expand the existing onsite preserve area from approximately 5.52 to 6.13 acres in order to satisfy native preservation standards per 3.0.5.07 of the Land Development Code. With 0.93 acres of impacts proposed to areas which qualify as native habitat, an additional 1.20 acres will be added to the preserve and restored to natural target habitats. Table 8- Preserve Target Habitats Habitat Existing FLUCFCS Target FLUCFCS Description Total Acreage Preserve Acreage 1 411E3 411 Pine Flatwood 60% Exotic 0.70 0.51 2 411E2 411 Pine Flatwood 40% Exotic 0.87 0.41 3 411E3 411 Pine Flatwood 72% Exotic 0.33 0.16 5 411/740 None Pine Flatwood, Cleared Under 0.23 0.11 7 411 411 Pine Flatwood 2.08 1.62 8 434 434 Hardwood-Conifer Mixed 0.87 0.74 9 434E2 434 Hardwood-Conifer Mixed 40% Exotic 0.34 0.34 10 434 434 Hardwood-Conifer Mixed 1.12 1.12 11 434 434 Hardwood-Conifer Mixed 0.38 0.38 12 624 624 Cypress-Pine-Cabbage Palm 0.73 0.73 TOTAL 8.02 6.12 TOTAL NATIVE VEGETATION 7.65 6.12 4.1 Initial Enhancement Activities Prior to any site work a cavity and nest survey will be conducted to ensure that listed wildlife species will not be impacted by activities. All Category I and Category II exotic/nuisance plant species, as defined by the Florida Exotic Pest Plant Council will be included in this eradication program, as well as any non- native ornamental landscape and fruit trees planted by residents that are not on the FEPPC list. Targeted species will be removed from the first 75 feet of the preserve boundary limits. Beyond the first 75 feet these undesirable species will be handled as described below. Trees greater than 4 inches diameter breast height (DBH) will be girdled and treated with U.S. EPA approved herbicide and visible tracer dye and left to die in place. Any other undesirable shrubs smaller than 4 inches DBH will be, cut, stumps treated and removed from the preserve and disposed of properly. Groundcover and small seedlings will be killed in-place with foliar spraying. Storm debris will largely be removed from the site by hand prior to planting to prevent excess vine coverage and to open up the understory for planting and better natural recruitment chances. Villas at Greenwood Lake Section 17, Township 50 South, Range 26 East, Collier County. Preserve Management Plan Rev. July 6 , 2018 8 4.2 Supplemental Plantings In pre-existing preserve areas where there is not at least 60% coverage of native desirable plant species in the groundcover stratum after initial exotic removal then supplemental planting will occur. In newly added areas supplemental planting will occur immediately following the treatment except in strata that already meet 80% desirable native coverage, apart from midstory which will not require 80% total coverage. A list of suitable plantings is found below. Table 9- Supplemental Plantings, Sizes and Spacing Common Name Scientific Name Height Min. Size Min. Spacing Trees slash pine Pinus elliotti 5 ft 3 gal 20 ft cabbage palm Sabal palmetto 5 ft 3 gal 20 ft live oak Quercus virginiana 5 ft 3 gal 20 ft dahoon holly Ilex cassine 5 ft 3 gal 20 ft Shrubs wax myrtle Myrica cerifera 3 ft 1 gal 15 ft gallberry Ilex glabra 3 ft 1 gal 15 ft saw palmetto Serenoa repens 1 gal 15 ft firebush Hamelia patens 3ft 1 gal 15 ft Groundcover cordgrass Spartina bakeri 12 in 2 in 3 ft muhly grass Muihlenbergia capillaris 12 in 2 in 3 ft saw palmetto Serenoa repens 12 in 2 in 3 ft wire grass Aristida stricta 12 in 2 in 3 ft broom grass Andropogon sp. 12 in 2 in 3 ft 4.3 Preserve Goals Each year the preserve will be maintained and inspected by the preserve manager to ensure there are no exotic, nuisance or ornamental landscape species present and that the preserve is healthy. The goal of any preserve is to maintain at least 80% coverage of desirable native plant species and for the supplemental planting survivorship to also be no less than 80%. If 80% coverage is not met within 2 years of initial enhancement activities, then the preserve manager will coordinate additional planting work to reach those goals. If plantings are not in good health then the preserve manager will assess the cause and seek to remedy the situation by adding new material that is better suited to the habitat. Villas at Greenwood Lake Section 17, Township 50 South, Range 26 East, Collier County. Preserve Management Plan Rev. July 6 , 2018 9 5.0 PROTECTION DURING CONSTRUCTION During construction, protection measures shall be in place to protect natural resources. Protection measures include, but are not limited to silt fence/ turbidity barrier, surveyor’s tape and temporary preserve signage. 6.0 LONG-TERM PROTECTION The enhanced upland preserve will be placed in a conservation easement to Collier County and maintained in perpetuity as native habitat. Permanent preserve signage shall be placed around the preserve perimeter at a minimum of every 100 feet identifying the boundary and protection of the preserve. Preserve signage shall not exceed 2’ x 2’ in size. 7.0 GENERAL MAINTENANCE Preserve maintenance requires a solid knowledge of native, exotic and nuisance vegetation and wildlife. The average landscape or lake maintenance company does not usually have the kind of specialized knowledge needed to perform preserve maintenance properly. For the purposes of maintaining this preserve, a licensed and insured exotic removal company will be retained to sweep the preserve thoroughly during each scheduled visit. Any person who supervises up to eight (8) people in the application of pesticides and herbicides in the chemical maintenance of exotic vegetation in preserves, required native vegetation areas, wetlands, or LSPA shall maintain a Florida Department of Agriculture and a Consumer Services certification for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators, depending on the area to be treated. At the time of the sweep the exotic removal company will kill in-place all Category I and II listed plant species, any other undesirable invasive or non-native species observed, and any non-native ornamental species. Thinning of vines and other specific vegetation will also occur at least every other year. If questions arise as to the status of a plant that is unknown to the maintenance company, then the preserve manager will be contacted to determine the status of that particular species. Maintenance events will be conducted on yearly intervals at a minimum; however if needed to control an unwanted species, they will be performed more frequently at the discretion of the preserve manager. 7.1 Vines Vines are very problematic in Southwest Florida. Most of the problematic vines on this site are native, so they are not listed as Category I or II invasive/exotic plant species, and Villas at Greenwood Lake Section 17, Township 50 South, Range 26 East, Collier County. Preserve Management Plan Rev. July 6 , 2018 10 therefore can frequently be overlooked. Vines can suffocate adjacent desirable vegetation, prevent sunlight from hitting the forest floor where seed germination occurs and can climb into tree tops creating the potential for crown fires in the event of a wildfire. At a minimum, maintenance crews will thin the vines every other year using a combination of machetes and herbicide. The vines can be left to die in-place as long as they are not totally covering shrubs and seedlings. In instances where they have covered young plants, they are to be cut and hand-removed, freeing the seedling. Total vine coverage shall not exceed 10% of any area within the preserve as a point of reference for determining where thinning is needed. 7.2 Weeds and Weedy Species Weeds in buffer zones tend to pioneer and dominate. Weeds and weedy plant species, such as dog fennel, Spanish needles, beggar ticks, spurge, rag weed, and white-head broom shall be treated during every maintenance event. 7.3 Unique to Upland Habitats Since the entire preserve area is upland in nature it will be maintained for fire management by thinning the saw palmetto and shrubbery every few years and keeping woody vine coverage below 10% at all times. This will also promote good foraging habitat for fox squirrels and other small mammals and reptiles. 8.0 DESIGNATION OF PRESERVE MANAGER A Preserve Manager must have academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials shall consist of, at a minimum, a Bachelor’s degree in one (1) of the biological sciences and at least two (2) years of ecological or biological professional experience in the State of Florida. Homeowner’s Association and Preserve Manager for Villas at Greenwood Lake contact information is as follows: Onsite Contact Preserve Manager Richard Barry Homeowner’s Association President C/o Anchor Associates, Inc. 3940 Radio Road, Suite 112 Naples, FL 34104 Phone: 239-272-0048 rbarry@comcast.net Marielle Kitchener Senior Biologist & Operations Manager Turrell, Hall & Associates, Inc. 3584 Exchange Avenue Naples, FL 34104 O: 239-643-0166, C: 239-253-1860 marielle@thanaples.com Villas at Greenwood Lake Section 17, Township 50 South, Range 26 East, Collier County. Preserve Management Plan Rev. July 6 , 2018 11 9.0 WILDLIFE HABITAT MANAGEMENT 9.1 Big Cypress Fox Squirrel (Sciurus niger avicennia) The midstory and understory shall be thinned somewhat during each maintenance event to create foraging habitat for the Big Cypress Fox Squirrel. No trees containing squirrel nests or daybeds shall be felled during enhancement activities without authorization from the proper state, local and federal agencies. 9.2 Eastern Indigo Snake (Drymarchon couperi) The general upland management practices of this plan will provide proper habitat for the Eastern Indigo snake as well. Construction personnel will be educated on the characteristics of the Eastern Indigo snake prior to construction commencement and educational signage will be present on the construction site. 10.0 VEGETATION REMOVAL PERMITS Vegetation Removal Permits are not required to implement the Preserve Management Plan; however, any clearing-type work activities shall be discussed with the preserve manager prior to initiation. 10.1 Dead/ Dying/ Leaning Trees Posing Public Safety/Property Issues Collier County does not require a Vegetation Removal Permit for the removal of trees that could eminently fall and damage property or endanger public safety unless they contain nests, cavities, or bald eagles. General dead tree removal due to unsightliness in the preserve though is not allowed. Any vegetation that has to be removed must be done so by hand. No equipment may enter the preserve system without first obtaining a Vegetation Removal Permit from Collier County. EXHIBIT 1 LOCATION MAP STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.109696<> LONGITUDE:W -81.730286SITE ADDRESS:<> 550 GREENWOOD CIRCLENAPLES, FL 34112Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\9749.1-Villas at Greenwood Lake\CAD\PERMIT-COUNTY\9749.1-COUNTY.dwg LOCATION 1/24/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:MKRMJ01-24-189749.1-1726VILLAS AT GREENWOOD LAKELOCATION MAP50-------------------01 OF 05COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY EXHIBIT 2 FLUCCS MAP NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\9749.1-Villas at Greenwood Lake\CAD\PERMIT-COUNTY\9749.1-COUNTY.dwg FLUCCS 1/24/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:MKRMJ01-24-189749.1-1726VILLAS AT GREENWOOD LAKEFLUCCS MAP50-------------------02 OF 05UPLAND (ACRES):WETLAND (ACRES):PROJECT (ACRES):7.656.920.73IDFLUCCSDESCRIPTIONAREA(AC)1411E3PINE FLATWOODS (EXOTICS 50-75%)0.702411E2PINE FLATWOODS (EXOTICS 25-50%)0.873411E3PINE FLATWOODS (EXOTICS 50-75%)0.334740DISTURBED LAND0.275411 / 740PINE FLATWOODS / DISTURBED LAND0.236740PINE FLATWOODS / DISTURBED LAND0.107411PINE FLATWOODS2.088434HARDWOOD-CONIFER MIXED0.879434E2HARDWOOD-CONIFER MIXED (EXOTICS25-50%)0.3410434HARDWOOD-CONIFER MIXED1.1211434HARDWOOD-CONIFER MIXED0.3812624CYPRESS-PINE-CABBAGE PALM0.73PROJECT TOTAL8.02TOTAL NATIVE VEGETATION7.65·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYRATTLESNAKE HAMMOCK RDCOUNTY BARN RD (3) 411E3(2) 411E2(1) 411E3(5) 411/740(7) 411(6) 740(4) 740(8) 434(9) 434E2(10) 434(11)434(12) 624 EXHIBIT 3 IMPACTS MAP NESW0100200400SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:P:\9749.1-Villas at Greenwood Lake\CAD\PERMIT-COUNTY\9749.1-COUNTY.dwg IMPACTS 1/31/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:MKRMJ01-24-189749.1-IMPACTS MAP-------------------03 OF 05xSURVEY COURTESY OF:xxSURVEY DATED:NOTES:xTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYVEGETATION IMPACT (AC)RATTLESNAKE HAMMOCK RDCOUNTY BARN RD(3) 411E3(2) 411E2(1) 411E3(5) 411/740(7) 411(6) 740(4) 740(8) 434(9) 434E2(10) 434(11)434(12) 624 EXHIBIT 4 PRESERVE MAP NESW050100200SCALE IN FEETREV#:CREATED:DRAWN BY:JOB NO.:DESIGNED:P:\9749.1-Villas at Greenwood Lake\CAD\PERMIT-COUNTY\9749.1-COUNTY.dwg PRESERVES 1/31/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:MKRMJ01-24-189749.1-PRESERVES MAP-------------------04 OF 05xSURVEY COURTESY OF:xxSURVEY DATED:NOTES:xTHESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYUPLAND PRESERVE (ACRES):WETLAND PRESERVE (ACRES):TOTAL PRESERVE (ACRES):RATTLESNAKE HAMMOCK RDCOUNTY BARN RD (3) 411E3(2) 411E2(1) 411E3(5) 411/740(7) 411(6) 740(4) 740(8) 434(9) 434E2(10) 434(11)434(12) 624 EXHIBIT 5 SOILS MAP NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\9749.1-Villas at Greenwood Lake\CAD\PERMIT-COUNTY\9749.1-COUNTY.dwg SOILS 1/24/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:MKRMJ01-24-189749.1-1726VILLAS AT GREENWOOD LAKESOILS MAP50-------------------05 OF 05·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·SOIL DATA PROVIDED BY:1998 UNITED STATES DEPT OF AGRICULTURESOIL SURVEY OF COLLIER COUNTY AREA, FL"NO SURVEY DATA AVAILABLE"MM-DD-YYYYCODEDESCRIPTIONHYDRIC16OLDSMAR FINE SAND17BASINGER FINE SANDYES32URBAN LAND34URBAN LAND-IMMOKALEE-OLDSMAR,LIMESTONE SUBSTRATUM, COMPLEXRATTLESNAKE HAMMOCK RDCOUNTY BARN RD1734 1632 AGENDA ITEM 9.B.1 Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road, MS 3577 Tallahassee, Florida 32399-2400 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary May 4, 2018 East Naples Land Company c/o Jeffery E. Johnson 1051 Clark Street Abingdon, VA 24210 Email: jjohnson@paramontltd.com RE: East Naples Land Company Mine – Collier County Permit Modification No. MMR_200965-004 Dear Mr. Johnson: On July 7, 2003, the Florida Department of Environmental Protection (Department) issued East Naples Land Company an environmental resource permit, ERP No. MMR_200965-001 to initiate limerock mining activities at a 166.04-acre portion of the 1,743.24-acre East Naples Mine in Collier County, now referenced to as Phase 1. On June 9, 2011, the Department issued East Naples Land Company a modification to ERP No. MMR_200965-001 to expand the mine boundary into Phase 2. The modification was assigned file name ERP No. MMR_200965-002. The modification -002 increased the total adverse impacts to wetlands by 49.39 acres. It also increased the total area served by the surface water management system by 259.0 acres to 416.17 acres. ERP No. 200965-002 superseded Permit No. 200965-001. On December 7, 2011, the Department issued ERP No. MMR_200965-003, to allow additional time to record the conservation easement (CE) required by ERP No. MMR_200965-002 and updated Specific Condition 27 to reflect this additional time to record the CE. As mitigation for the impacts to wetlands in Phase 1, the permittee has protected 11.72 acres of uplands and wetlands by a conservation easement, and enhanced the vegetation therein by controlling nuisance and exotic plants. Mitigation for the additional wetland impacts of Phase 2 will be provided through the vegetative enhancement of 448.87 acres (78.12 acres wetlands, 370.75 acres uplands) and the protection of these lands under a conservation easement. The mitigation lands are located in Sections 23 and 24, in an area designated by the Collier County Comprehensive Plan as "Sending Lands," whereby Transfers of Development Rights (TDR) allow development rights to be relocated to Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 2 "Receiving Lands," such as the mine property. It is expected the other Sending Lands in the vicinity of the mitigation lands will also be largely protected by the County, or preserved under Federal panther habitat compensation requirements. On April 20, 2018, the Department received a request to modify ERP No. MMR_200965-002 to allow for mining activities in the approximately 5-Acre uplands buffer between Phase 1 and Phase 2 (Figure: Sheet 13 of 15) resulting in one lake (both Phase 1 and Phase 2) approximately 391.77 acres in size. The reclamation of the area will consist of approximately 425.04 acres consisting of 391.77 acres of lake (FLUCCS 530), 28.63 acres of Improved Pasture (FLUCCS 211), 0.81 acres of Unimproved pastures (FLUCCS 212), 0.24 acres of Fox Grape- Cabbage Palm Rangeland (FLUCCS 330), 0.14 acres of Cypress-Fox Grape- Beautyberry Upland (FLUCCS 410/621), 2.25 acres of Shrubs/Herbaceous (FLUCCS 616), and 1.20 acres of Foxtail-Herbaceous Wet Pastureland (FLUCCS 643/210) (Figures: Sheet 14 of 15 and Sheet 25 of 25). The Department noticed a technical error in specific conditions 42 and 45 in ERP #200965-002. On May 3, 2018, East Naples Land Company acknowledged the need for technical permit modification in accordance with 62-330.315(2)(f) Florida Administrative Code (F.A.C). There will be no additional wetland impacts as a result of this modification. The general conditions and remaining specific conditions of the Permit remain unchanged. The expiration date of the Permit, as stated in ERP #200965-002, of June 9, 2031, remains unchanged. The Specific Conditions of the permit are hereby modified as follows: SC#42 Water Quality Screening. DELETED. Water quality within the active mine pits shall be screened at each blasting location, prior to and after the blast. The water samples shall be collected adjacent to the blasting location, at a depth of 10 feet below the elevation of the mining bench. At each planned blasting location: a. The permittee shall collect pre-blast water quality samples, no more than 24 hours prior to the start of the loading of the explosive material. b. The permittee shall collect post-blast samples within 24 hours after the blast. c. Each sample shall be tested for the following constituents: total nitrogen, nitrate-nitrite, and benzene. The water quality samples shall be promptly analyzed and reported to the Department. The data shall be compiled into a monthly blasting report letter which Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 3 shall be submitted within 28 days of the last day of the month. The monthly blasting report shall provide the following information: • A description of the blasting agents used during the month, • the number and dates of blasting events during the month, • the date, locations, and ultimate fate of blasting agents for any borehole locations where detonation did not occur on an initial firing or attempt and • a location map for the sampling sites. If the monthly reports indicate potential surface or ground water quality concerns, the Department may require corrective steps, including additional monitoring or other new or additional conditions, in accordance with rule 62-343.lOO(l)(c), F.A.C. After this screening requirement has been completed for not less than 12 monthly reports with screening results, the permittee may request a minor modification to the permit to remove this condition. SC#45 Groundwater Quality Monitoring. Phase 1 monitoring wells include MW-2251 and MW-2045. Prior to the initiation of any land clearing activity in preparation for mining in Phase 2, the permittee shall: a. Complete the baseline water quality sampling at all wells monitoring wells (MW), including proposed MW-B and MW-D, MW-2045, MW-2250, MW-2251, MW-2253, MW-2254, and Collier County raw water well 26, (shallow and deep) (See Existing Conditions & Topographic Map, signed and seal on 04/20/2018). Baseline sampling parameters shall include chlorides, sulfates, phosphorous, total dissolved solids, iron oxides, cadmium, gross alpha, radium 226 and 228. b. Thereafter, sampling shall be conducted on an annual basis at all wells for phosphorous, iron oxides, cadmium, gross alpha, radium 226 and 228. Sampling for sulfates, total dissolved solids, chlorides shall be conducted on a quarterly basis. The monitoring report detailing the, results of all the sampling along with the certified laboratory analysis work sheets shall be submitted with the annual narrative report. The monitoring may be discontinued after all extraction has ended on the site. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, Florida Statutes (F.S.), before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 4 that the Department's final action may be different from the position taken by it in this notice. Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, Florida Administrative Code (F.A.C.), a petition for an administrative hearing must contain the following information: a) the name and address of each agency affected and each agency’s file or identification number, if known; b) the name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; c) a statement of when and how the petitioner received notice of the agency decision; d) a statement of all disputed issues of material fact. If there are none, the petition must so indicate; e) a concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; f) a statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and g) a statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 5 Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. Judicial Review Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 6 Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. The files associated with this order are available upon request. Please address your request to MiningAndMitigation@dep.state.fl.us and include the file number in your request. Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Orlando E. Rivera, PWS, CERP Program Administrator Mining and Mitigation Program Prepared by Zachariah Shely Attachments: Replace Sheet 10 of 14 - Master Drainage Plan Phase 1 (Signed and Sealed March 3, 2003) with Sheet 9 of 15 - Master Drainage Plan Phase 1 (Signed and Sealed April 20, 2018) Replace Sheet 11 of 14 - Master Mining Plan Phase 1 (Signed and Sealed March 3, 2003) with Sheet 10 of 15 - Master Mining Plan Phase 1 (Signed and Sealed May 4, 2018) Replace Sheet 14 of 14 - Master Mining Details Phase 1 (Signed and Sealed March 3, 2003) with Sheet 13 of 15 - Master Mining Details Phase 1 (Signed and Sealed May 4, 2018) Replace Sheet 14a of 14 - Post Development Land Use Plan Phase 1 (Signed and Sealed March 3, 2003) with Sheet 14 of 15 - Post Development Land Use Plan Phase 1 (Signed and Sealed May 4, 2018) Replace Sheet 1 of 25 - East Naples Mine Phase 2 Location Map (Signed and Sealed July 9, 2008) with Sheet 1 of 25 - East Naples Mine Phase 2 Location Map (Signed and Sealed April 20, 2018) Replace Sheet 3 of 25 - Aerial Photograph (Signed and Sealed July 9, 2008) with Sheet 3 of 25 - Aerial Photograph (Overall) (Signed and Sealed May 4, 2018) Replace Sheet 6 of 25 - Existing Conditions & Topographic Map (Signed and Sealed July 9, 2008) with Sheet 6 of 25 - Existing Conditions & Topographic Map (Signed and Sealed May 4, 2018) Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 7 Replace Sheet 18 of 25 - Master Mining Plan Phase 2 (Signed and Sealed July 9, 2008) with Sheet 18 of 25 - Master Mining Plan Phase 2 (Signed and Sealed May 4, 2018) Replace Sheet 19 of 25 - Master Drainage Plan Phase 2 (Signed and Sealed July 9, 2008) with Sheet 19 of 25 - Master Drainage Plan Phase 2 (Signed and Sealed May 4, 2018) Replace Sheet 23 of 25 - Master Mining Details Phase 2 (Signed and Sealed July 9, 2008) with Sheet 23 of 25 - Master Mining Details Phase 2 (Signed and Sealed May 4, 2018) Replace Sheet 25 of 25 - Post Development Land Use Plan Phase 2 (Signed and Sealed July 9, 2008) with Sheet 25 of 25 - Post Development Land Use Plan Phase 2 (Signed and Sealed May 4, 2018) Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 8 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: DEP, GIS – Angela.Bozeman@dep.state.fl.us DEP, South District, SouthDirstrict@Dep.state.fl.us DEP, South District, SLERP, Megan.Mills@dep.state.fl.us Karen Miller, TCC-FPSI – MillerKA@tcc.fl.edu Kim Allen, TCC-FPSI – AllenK@tcc.fl.edu SFWMD, Regulation Department, Tony Waterhouse, TWaterho@sfwmd.gov SFWMD, Water Use Permitting, Karin Smith, karsmith@sfwmd.gov USACE, Jacksonville District, Mining Team – CESAJ- Mine.Team@usace.army.mil Collier County Manager, Leo E. Ochs, Jr., maryjobrock@colliergov.net Collier County, Engineering & Natural Resources, BillLorenz@colliergov.net DEP, FL Div. of Recreation & Parks, District IV Administration – Chris.Becker@dep.state.fl.us DEP, FL Div. of Recreation & Parks, Bureau of Natural and Cultural Resources – Cheri.Albin@dep.state.fl.us DOT, Carmen Monroy, Director of Office of Policy Planning, Carmen.Monroy@dot.state.fl.us Mining and Mitigation File FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. __________ 5/04/18 Clerk Date NOTE: C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx EAST NAPLES MINE MODIFICATIONS TO COMMERCIAL EXCAVATION PERMITS Phase 1 (Permit No. 59.814 – 1) and Phase 2 (Permit No. 59.814 – 2) HM File 1997.044 TRAFFIC IMPACT ANALYSIS JUNE 2018 PREPARED FOR: COLLIER COUNTY GROWTH MANAGEMENT DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PREPARED BY: 950 ENCORE WAY NAPLES, FL 34110 W. Terry Cole, P.E. #42347 C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx TABLE OF CONTENTS 1.0 GENERAL PROJECT INFORMATION ................................................................................................... 3 2.0 TRIP CALCULATIONS .......................................................................................................................... 3 3.0 SIGNIFICANCE ON IMPACTED LINKS ................................................................................................. 4 4.0 EXISTING ROAD CONDITIONS ........................................................................................................... 5 5.0 HAULING ROUTE MAP....................................................................................................................... 5 6.0 EXISTING CONDITION PHOTOS ......................................................................................................... 6 C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 1.0 GENERAL PROJECT INFORMATION 1.1 LOCATION, EXISTING CONDITIONS & PROPOSED PERMIT MODIFICATIONS The East Naples Mine is comprised of Phase 1 (Permit No. 59.814 – 1) and Phase 2 (Permit No. 59.814 – 2) which are located in parts of Sections 21 and 22, T49 South, R 27 East. Mining began in Phase 1 in 2003 and continues. Mining has not commenced in Phase 2 yet. Since Phases 1 and 2 have the same ownership, it is proposed that the shared boundary between the two phases be excavated. Setbacks from the wetlands in the northeast and southeast corners of Phase 1 will remain as required. The depth of excavation in the respective Phases will remain as previously permitted for each phase – for Phase 1 see Section F on drawing 936-13 and for Phase 2 see Section E on drawing 4459-8. 2.0 TRIP CALCULATIONS 2.1 ESTIMATION OF TOTAL TRIP COUNT Approximate volume to be excavated in Phase 1 (Tract 21) = 284,085 CY Approximate volume to be excavated in Phase 2 (Tract 15) = 506,337 CY Volume moved per truck per trip = 18 CY 𝑇𝑜𝑡𝑎𝑙 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑 𝑖𝑛 𝑃ℎ𝑎𝑠𝑒 1 =284,085 𝐶𝑌18 𝐶𝑌𝑇𝑟𝑖𝑝𝑠=15,783 𝑇𝑟𝑖𝑝𝑠 𝑇𝑜𝑡𝑎𝑙 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑 𝑖𝑛 𝑃ℎ𝑎𝑠𝑒 2 =506,337 𝐶𝑌18 𝐶𝑌𝑇𝑟𝑖𝑝𝑠=28,130 𝑇𝑟𝑖𝑝𝑠 2.2 ESTIMATION OF ADDITIONAL TRIP DAYS The hauling is limited to the historic average annual daily round trip generation rate = 156 𝑇𝑟𝑖𝑝𝑠𝐷𝑎𝑦 𝑃ℎ𝑎𝑠𝑒 1 = 15,783 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑156 𝑇𝑟𝑖𝑝𝑠𝐷𝑎𝑦≈102 𝑑𝑎𝑦𝑠 C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 𝑃ℎ𝑎𝑠𝑒 2 = 28,130 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑156 𝑇𝑟𝑖𝑝𝑠𝐷𝑎𝑦≈180 𝑑𝑎𝑦𝑠 Phase 1 & 2 = 102 days + 180 days = 282 days 282 days/5 days/week = 56.4 weeks = 14 months 3.0 SIGNIFICANCE ON IMPACTED LINKS 3.1 AFFECTED LINKS The haul route includes (1) – 5th Street to Golden Gate Boulevard, (2) – Golden Gate Boulevard from Collier Boulevard to DeSoto Boulevard, (3) Collier Boulevard from Vanderbilt Beach Road to Pine Ridge Road, and (4) - Wilson Boulevard from Golden Gate Boulevard to Immokalee Road. The estimated 14 months of hauling will contribute approximately 156 average daily trips with trip distributions as shown on the attached Haul Road Map. 3.2 TEMPORARY IMPACT TO AFFECTED LINKS Information provided in Attachment “F” of the Collier County 2017 Annual Update and Inventory Report was used to analyze the impact of the trips on the affected links. The estimated trips attributed to the hauling operation will contribute less than 1% of total peak- hour peak-direction volume for each affected link. These trips are already part of the existing Road From To 2017 Peak Hour Peak Dir Volume Peak Hour Peak Dir Service Volume V/C L O S Collier Boulevard Vanderbilt Beach Road Golden Gate Boulevard 1220 3000 40.7%B Collier Boulevard Golden Gate Boulevard Pine Ridge Road 1904 3000 63.5%C Wilson Boulevard Golden Gate Boulevard Immokalee Road 320 900 35.6%B Golden Gate Boulevard Collier Boulevard Wilson Boulevard 1600 2300 69.6%C Golden Gate Boulevard Wilson Boulevard 18th Street 1102 2300 47.9%B Golden Gate Boulevard 18th Street Everglades Boulevard 1102 1010 109.1%F Golden Gate Boulevard Everglades Boulevard DeSoto Boulevard 223 1000 22.3%B Peak-Hour Peak-Direction Volume per 2017 AUIR C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx traffic volumes. The proposed excavation removal will not have a significant or adverse impact on the surrounding road network. 4.0 EXISTING ROAD CONDITIONS 4.1 OVERVIEW An examination of the Collier County portion of the haul route was performed on June 12, 2018. The general condition the roadways is good. There are no significant defects in asphalt, curbs, striping or drainage structures to report. The roadway system was observed to have normal wear and tear including chipped curb, weathered thermos-plastic striping and minor asphalt defects. A Collier County FY2018 Capacity Enhancement Project states that Golden Gate Boulevard will be under construction from Wilson Boulevard to DeSoto Boulevard. At present time, Golden Gate Boulevard from Wilson Boulevard to 18th Street has been expanded to a 4-lane road. Also, a Collier County FY2018 Capacity Enhancement Project has Collier Boulevard, from Golden Gate Boulevard to Green Boulevard expanding into a 6-lane road. As of June 2018, all construction along Collier Boulevard has been completed. If necessary, the mine owner will conduct a review of existing roadway infrastructure with Road Maintenance to determine any concerns due to hauling of excavation material. This review will identify any areas of concern. Criteria to be considered include: 1. Current pavement rating; 2. Field review/survey; 3. Current scheduled repairs; 4. Repairs to reduce the likelihood of accelerated damage under the proposed haul trips. 5.0 HAULING ROUTE MAP See the attached map which shows the general % and # of round trips for various roadway segments. C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.0 EXISTING CONDITION PHOTOS 6.1 GOLDEN GATE BOULEVARD AND 5TH STREET INTERSECTION C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.2 GOLDEN GATE BOULEVARD AND COLLIER BOULEVARD INTERSECTION 6.3 VANDERBILT BEACH ROAD AND COLLIER BOULEVARD INTERSECTION C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.4 COLLIER BOULEVARD AND PINE RIDGE ROAD INTERSECTION C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.5 GOLDEN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.6 GOLDEN GATE BOULEVARD AND EVERGLADES BOULEVARD INTERSECTION 6.7 GOLDEN GATE BOULEVARD AND DESOTO BOULEVARD INTERSECTION AGENDA ITEM 9.B.2 Agenda Item No. 16A 19 September 14, 2010 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve commercial Excavation Permit No. PL 20090000616, Ex 59.814-1 "East Naples Mine", located in sections 21 & 22, Township 49 south, Range 27 east: bounded on the north and west by existing quarry operations and vacant land zoned agricultural, and on the west & south byvacantlandzonedagricultural- A(ST/WS4). OBJECTIVE: To issue an excavation permit to James A. Brown, Trustee for the project known as "East NaplesMine" in accordance with Article IV of Chapter 22 of the Collier County Code of Laws and Ordinances, Excavations. CONSIDERA TIONS: The Petitioner proposes to excavate one lake with a total surface area of 208 acres (+/-) to a depth of70 (+/-) feet on 259 acres ofland. The resultant 20,000,000 (+/-) Cubic Yard (C.Y.) offill will be usedoff-site on construction projects both public and private throughout the County. The Rural Fringe Growth Management Plan (GMP) amendments went into effect on July 22,2003. Inthoseamendments, the subject site is designated Agricultura1/Rural, Rural Fringe Mixed-Use District Receiving Lands, and is within the North Belle Mead Overlay (NBMO), as identified on the FutureLandUseMap. The NBMO Receiving Area, states, in part: Because an earth mining operation and asphalt plant uses have existed for many years in the area, and the surrounding lands in Sections 21, 28 and the western quarters of Sections 22 and27arereportedtocontainFloridaDepartmentofTransportationgraderockforroad construction, these uses are encouraged to remain and expand. However, until June 19, 2005, mining operations and an asphalt plant may be expanded only to the western half of Section 21andshallnotgeneratetrucktrafficbeyondaveragehistoriclevels. If by June 19, 2005, an alignment has been selected, funding has been determined, and an accelerated constructionscheduleestablishedbytheBoardandtheminingoperatorforaneast-west connection roadway from County Road 951 to the extension of Wilson Boulevard, mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use. Ifno such designation has been made by June 19, 2005, any mining operationsorasphaltplantintheseareas, other than continued operations on the western half of Section21athistoriclevels, shall be permitted only as a conditional use, unless the mine operator uponfailuretoattainBoardselectionofanalignmentcommitsbyJune19, 2005 to construct a private haul road by June 19, 2010 without the allocation of any public funds. The County'sexistingexcavationandexplosiveregulationsshallapplytoallminingoperationsinthese areas. " 628482 v_02 \ 11l299.0003 1 Agenda Item No. 16A 19 September 14, 2010 Page 2 of 10 In June 2007, the County and Florida Rock Industries entered into a Developer Contribution Agreement (DCA) for construction of a haul road open to the public whereby Florida Rock purchases the necessary right-of-way for and constructs a haul road which will become the eventual extension of Wilson Boulevard. As a result of that agreement, no conditional use approval is required for the subject application. The NBMO of the GMP has a separate specific set of environmental regulations which apply to its rural fringe sending and neutral lands and it exempts Receiving Lands within the overlay from the Conservation and Coastal Management elements of the GMP and its implementing land development regulations including, specifically, wetlands and wildlife. State and Federal agencies'regulations continue to apply. FISCAL IMPACT: The Community Development Fund, Development Services (131) has received revenues broken out as follows: Application Fees Yardage Fee 3,750.00 20.000.00 23,750.00 Total Fees to Date A security in an amount not to exceed $1,000,000 must be posted prior to permit issuance, and reporting and inspection fees will be paid annually. GROWTH MANAGEMENT IMPACT: From the Environmental Advisory Council (EAC) staff report, and written by the ComprehensivePlanningDepartment, "Based upon the (staff's) analysis, Comprehensive Planning staff concludes thattheExcavationPermitforearthminingmaybedeemedconsistentwiththeFutureLandUseElementFLUE) of the Growth Management Plan (GMP). ENVIRONMENTAL ISSUES: With regards to the NBMO the following statement applies to the environmental aspects of thisproject. "Unless otherwise specifically stated, no other Goals, Objectives and Policies of the FutureLandUseElement, other than those relating to density and allowable uses, Conservation and CoastalManagementElement, or Public Facilities Element in the Growth Management Plan or implementingLandDevelopmentRegulations (LDR's), including specifically but not limited to wetlands andwildlifeprotection, shall be applicable to the NBM Overlay Receiving Lands other than this NBMOverlayPlananditsimplementingLDR's. On Receiving Lands any development shall comply with 628482 v _02 \ 11l299.0003 2 Agenda Item No, 16A 19 September 14, 2010 Page 3 of 10 the non-environmental administrative review procedures of Collier County for site development plansandplatting." As a result ofthe above statement in the GMP's, this petition was not reviewed for any environmental issues and is consistent with the Collier County GMP's as related to the NBMO. HISTORICAL/ARCHAEOLOGICAL IMPACT: None. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATIONS: This petition was approved at the Environmental Advisory Council meeting August 4, 2010 by a vote of 3-0. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATIONS: The Collier County Planning Commission was not required to review this petition. LEGAL CONSIDERATIONS: This item is ready for Board consideration. The Board of County Commissioners may grant the excavation permit upon competent and substantial evidence submitted by the applicant, that: 1) The excavation will not interfere with the natural function of any sanitary, storm or drainagesystem, or natural flow way, whether public or private, so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County. 2) Dust or noise generated by the excavation will not cause a violation of any applicableprovisionsofthisarticle. Rock crushing operations or material stockpiles that will be adjacent to anyexistingresidentialareamayrequireseparatecountyapproval. 3) The excavation will not adversely affect groundwater levels, water quality, hydroperiod orsurfacewaterflowways. The county manager or designee may require the applicant to monitor the quality ofthe water in the excavation and adjacent ground and surface waters. Under no circumstancesshalltheexcavationbeconductedinsuchamannerastoviolateCollierCountyorapplicableStateofFloridawaterqualitystandards. 4) The excavation will be constructed so as not to cause an apparent safety hazard to persons or property. 628482 v_02 \ 111299,0003 3 Agenda Item No. 16A 19 September 14, 2010 Page 4 of 10 5) The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of critical state concern. 6) In cases where a wetland is no longer capable of performing environmental functions or providing environmental values or in cases where it is determined that no reasonable alternative exists other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes. 7) Flow of water within and through preserved wetlands shall not be impeded. 8) Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to preventsedimentationwithinthewetlandpursuanttothedesignrequirementsofSection10.02.02 of the Land Development Code. Any building site adjacent to a wetland and elevated by filling, must employ the same erosion control devices. Fill must be stabilized using sod, seed, or mulch. (Section 22-11 O( d) Code of Laws and Ordinances)--HFAC STAFF RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the issuance of Excavation Permit No. 59.814-1 to James A. Brown, Jr., Trustee for the project known as "East Naples Mine" with the following stipulations. 1. Access is permitted to 16th Ave. SW to move equipment into the site to start up the operationandforingressandegressofemployeestotheoperation. Short hauls are permitted, utilizing local routes including but not limited to 16th Ave. SW, on a case-by-case basis unless County Manager or his designee objects. Short hauls include properties within 2 to 3 miles of the excavation site when 16th Ave. SW or other local route is the nearest route and for government financed projects such as roads and other governmentfacilities. For non-government financed projects, 24 hour notice will be given to the Collier County Manager or his designee. 2. The excavation is permitted to a depth of 70 feet or to the confining layer, whichever is less, so as to not adversely affect ground water quality. 3. Off-site removal of excavation material (fill, road base and aggregate) utilizing 5th Street SW shall be limited to historic average annual daily trip generation of 156 round trips (312 one way trips). 628482 v_02 \ 111299.0003 4 Agenda Item No. 16A 19 September 14,2010 Page 5 of 10 4. Unless otherwise approved by the Growth Management Division, all excavation operations except for dewatering pumps), which are within 1,000 feet of developed residential property,shall be limited to operating hours between 7:00 a.m. and 5:00 p.m., Monday through Saturday. Additionally, such excavation operations shall be further limited by County ordinances which establish operating controls by hours, days, noise level, or other parameters relating to publichealth, safety and welfare. 5. Dewatering will be allowed provided proper permits are obtained if required from the Florida Department of Environmental Protection. 6. No Excavation Permit shall be issued until all fees have been paid. 7. Pursuant to Section 2.03.07.E.2.ii of the Land Development Code, if, during the course of the site clearing, excavation, or other construction related activity, a historic or an archaeologicalartifactisfound, work within the minimum area necessary to protect the discovery shall be immediately stoppe<;l, and the Collier County Code Compliance Director shall be notified. 8. During the life of the mine the property owner shall, if notified, prohibit site entry for a periodof3monthstoanexcavationhaulerwhohasbeenfoundguiltyorplednocontesttoatraffic citation for speeding on 5th Street SW, once within any 12-month period. Further, the owner shall permanently prohibit site entry to the mine to an excavation hauler who has been found guilty or pled no contest to two such citations within a 12-month period. The owner shall print a warning to that effect on the back of its receipts given excavation haulers. 9. The property owner agrees not to excavate to a minimum 180 feet along the section line between Sections 21 and 22 (a "non-excavation zone") for a period of up to January 1, 2030. Upon 180 days written notice from the County, owner agrees to sell to the County, in fee simple, the non-excavation zone to be used for the construction of a public roadway (with the owner retaining rights of reasonable ingress and egress) for fair market value. 10. The property owner agrees subsequent to the issuance of the subject excavation permit not to excavate to a minimum of the northerly 120 feet and the southerly 120 feet of the Phase I and Phase 2 mining area ("non-excavation zones) for a period of up to January 1,2030. Upon 180 days written notice from the County, owner agrees to sell to the County, in fee simple, the non- excavation zone to be used for the construction of a public roadway (with owner retainingrightsofreasonableingressandegress) for fair market value. 11. The fair market determinations referenced in sections 9 and 10 herein above shall be determined as follows: a) The owner shall be apprised throughout the process of selecting and evaluating the proposed utilization of each of the proposed non-excavation zones giving due consideration to the desires of the owner. b) Upon the county's determination of the desired course for roadway construction within the subject zone(s), the county shall notify the owner and allow for negotiation of fair market value for a period of ninety (90) days subject to each party having secured an appraisal or otherwise have made their determination of the fair market value. 628482 v _02 \ 111299.0003 5 Agenda Item No. 16A 19 September 14, 2010 Page 6 of 10 c) If the parties are unable to arrive at a mutually acceptable fair market value, then the fair market value shall be determined at mediation. 12. The property owner shall have the options below regarding provision of stormwater pretreatment and detention for Wilson Blvd. and Green Blvd.l16th Ave. SW: a. The County will provide both pretreatment and detention within the future road corridors which will require corridors of a minimum of 180 feet and 120 feet, for the North/South and EastlWest corridors, respectively, or b. The owner will provide both pretreatment and detention on his property which will require future road corridors to a minimum of 120 feet and 80 feet, for the North/South and EastlWest corridors, respectively. The location shall not be unreasonably burdensome for the construction of the drainage system by the County. For option (b) , owner shall have sole discretion as to design and location of pretreatmentand/or detention facilities on his prop~rty and capacities shall be sufficient (only) for the portion of the roadway corridors within or immediately adjacent to the owner's propertywithoutacceptanceofwaterfromroadwaycorridorsnotwithinorimmediatelyadjacentto owner's property. 13. Upon commencement of hauling, a $1.00 surcharge shall be applied to each loaded heavyvehicleleavingthesite. Owner will provide the ongoing commitment to a $1 heavy vehicle surcharge for all loaded heavy vehicles exiting the property. The $1.00 surcharge will be used as a base level while the County explores a uniform fee that can be put on the other minesand/or haulers that would also reflect the cost of doing business. This fee will adjust by the CPIeffectiveoneyearafterthecommencementofhauling. In no event, however, will owner's surcharge be below $1.00 per truck, before adjusting for inflation, except in the event of auniformfeeforallotherminesand/or haulers the owner's surcharge shall be the same as theuniformfee. 14. A right-of-way permit will be required to connect to 16th Ave. SW. The Excavation Plans shalldepicthow16thAve. SW could be extended into the property. 15. In the event any lands for a public road right-of-way are acquired within the subject property,the gross density or development intensity of any future development of the property shall becalculatedtoincludethelandandwaterareawhichexistwithinthepropertypriortotheacquisitionsoftheright-of-way. 16. The property owner commits to cooperating with Collier County and the SFWMD in thestudiesforthepotentialforaregionalstormwaterretention/detention master system in theGoldenGateCanalandNorthBelleMeadearea. 628482 v_02 \ II 1299.0003 6 Item Number: Item Summary: Meeting Date: Agenda Item No. 16A 19 September 14, 2010 Page 9 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A19 Recommendation to approve commercial Excavation Pennit No. PL 20090000616, Ex 59.814-1 East Naples Mine, located in sections 21 & 22, Township 49 south, Range 27 east: bounded on the north and west by existing quarry operations and vacant land zoned agricultural, and on the west & south by vacant land zoned agricultural- A(ST/WS4). 9/14/20109:00:00 AM Prepared By Stan Chrzanowski Community Development & Environmental Services Manager - Engineering Review Services Date Engineering & Environmental Services 8/19/201012:42:44 PM Approved By Norm E. Feder. AICP Transportation Division Administrator - Transportation Date Transportation Administration 8/26/20101:49 PM Approved By William D. Lorenz, Jr.. P.E. Community Development & Environmental Services Director - CDES Engineering Services Date Engineering & Environmental Services 8/30/2010 1 :53 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 8/31/20108:44 AM Approved By Nick Casalanguida Transportation Division Director - Transportation Planning Date Transportation Planning 8/31/2010 9:39 AM Approved By Heidi F. Ashton County Attorney Section Chief/Land Use-Transportation Date County Attorney 8/31/201012:25 PM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 8/31/20101:07 PM Approved By Jeff Klatzkow County Attorney Date Approved By 8/31/20104:06 PM Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Date Office of Management & Budget 9/3/2010 5:20 PM Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road, MS 3577 Tallahassee, Florida 32399-2400 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary May 4, 2018 East Naples Land Company c/o Jeffery E. Johnson 1051 Clark Street Abingdon, VA 24210 Email: jjohnson@paramontltd.com RE: East Naples Land Company Mine – Collier County Permit Modification No. MMR_200965-004 Dear Mr. Johnson: On July 7, 2003, the Florida Department of Environmental Protection (Department) issued East Naples Land Company an environmental resource permit, ERP No. MMR_200965-001 to initiate limerock mining activities at a 166.04-acre portion of the 1,743.24-acre East Naples Mine in Collier County, now referenced to as Phase 1. On June 9, 2011, the Department issued East Naples Land Company a modification to ERP No. MMR_200965-001 to expand the mine boundary into Phase 2. The modification was assigned file name ERP No. MMR_200965-002. The modification -002 increased the total adverse impacts to wetlands by 49.39 acres. It also increased the total area served by the surface water management system by 259.0 acres to 416.17 acres. ERP No. 200965-002 superseded Permit No. 200965-001. On December 7, 2011, the Department issued ERP No. MMR_200965-003, to allow additional time to record the conservation easement (CE) required by ERP No. MMR_200965-002 and updated Specific Condition 27 to reflect this additional time to record the CE. As mitigation for the impacts to wetlands in Phase 1, the permittee has protected 11.72 acres of uplands and wetlands by a conservation easement, and enhanced the vegetation therein by controlling nuisance and exotic plants. Mitigation for the additional wetland impacts of Phase 2 will be provided through the vegetative enhancement of 448.87 acres (78.12 acres wetlands, 370.75 acres uplands) and the protection of these lands under a conservation easement. The mitigation lands are located in Sections 23 and 24, in an area designated by the Collier County Comprehensive Plan as "Sending Lands," whereby Transfers of Development Rights (TDR) allow development rights to be relocated to Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 2 "Receiving Lands," such as the mine property. It is expected the other Sending Lands in the vicinity of the mitigation lands will also be largely protected by the County, or preserved under Federal panther habitat compensation requirements. On April 20, 2018, the Department received a request to modify ERP No. MMR_200965-002 to allow for mining activities in the approximately 5-Acre uplands buffer between Phase 1 and Phase 2 (Figure: Sheet 13 of 15) resulting in one lake (both Phase 1 and Phase 2) approximately 391.77 acres in size. The reclamation of the area will consist of approximately 425.04 acres consisting of 391.77 acres of lake (FLUCCS 530), 28.63 acres of Improved Pasture (FLUCCS 211), 0.81 acres of Unimproved pastures (FLUCCS 212), 0.24 acres of Fox Grape- Cabbage Palm Rangeland (FLUCCS 330), 0.14 acres of Cypress-Fox Grape- Beautyberry Upland (FLUCCS 410/621), 2.25 acres of Shrubs/Herbaceous (FLUCCS 616), and 1.20 acres of Foxtail-Herbaceous Wet Pastureland (FLUCCS 643/210) (Figures: Sheet 14 of 15 and Sheet 25 of 25). The Department noticed a technical error in specific conditions 42 and 45 in ERP #200965-002. On May 3, 2018, East Naples Land Company acknowledged the need for technical permit modification in accordance with 62-330.315(2)(f) Florida Administrative Code (F.A.C). There will be no additional wetland impacts as a result of this modification. The general conditions and remaining specific conditions of the Permit remain unchanged. The expiration date of the Permit, as stated in ERP #200965-002, of June 9, 2031, remains unchanged. The Specific Conditions of the permit are hereby modified as follows: SC#42 Water Quality Screening. DELETED. Water quality within the active mine pits shall be screened at each blasting location, prior to and after the blast. The water samples shall be collected adjacent to the blasting location, at a depth of 10 feet below the elevation of the mining bench. At each planned blasting location: a. The permittee shall collect pre-blast water quality samples, no more than 24 hours prior to the start of the loading of the explosive material. b. The permittee shall collect post-blast samples within 24 hours after the blast. c. Each sample shall be tested for the following constituents: total nitrogen, nitrate-nitrite, and benzene. The water quality samples shall be promptly analyzed and reported to the Department. The data shall be compiled into a monthly blasting report letter which Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 3 shall be submitted within 28 days of the last day of the month. The monthly blasting report shall provide the following information: • A description of the blasting agents used during the month, • the number and dates of blasting events during the month, • the date, locations, and ultimate fate of blasting agents for any borehole locations where detonation did not occur on an initial firing or attempt and • a location map for the sampling sites. If the monthly reports indicate potential surface or ground water quality concerns, the Department may require corrective steps, including additional monitoring or other new or additional conditions, in accordance with rule 62-343.lOO(l)(c), F.A.C. After this screening requirement has been completed for not less than 12 monthly reports with screening results, the permittee may request a minor modification to the permit to remove this condition. SC#45 Groundwater Quality Monitoring. Phase 1 monitoring wells include MW-2251 and MW-2045. Prior to the initiation of any land clearing activity in preparation for mining in Phase 2, the permittee shall: a. Complete the baseline water quality sampling at all wells monitoring wells (MW), including proposed MW-B and MW-D, MW-2045, MW-2250, MW-2251, MW-2253, MW-2254, and Collier County raw water well 26, (shallow and deep) (See Existing Conditions & Topographic Map, signed and seal on 04/20/2018). Baseline sampling parameters shall include chlorides, sulfates, phosphorous, total dissolved solids, iron oxides, cadmium, gross alpha, radium 226 and 228. b. Thereafter, sampling shall be conducted on an annual basis at all wells for phosphorous, iron oxides, cadmium, gross alpha, radium 226 and 228. Sampling for sulfates, total dissolved solids, chlorides shall be conducted on a quarterly basis. The monitoring report detailing the, results of all the sampling along with the certified laboratory analysis work sheets shall be submitted with the annual narrative report. The monitoring may be discontinued after all extraction has ended on the site. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, Florida Statutes (F.S.), before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 4 that the Department's final action may be different from the position taken by it in this notice. Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, Florida Administrative Code (F.A.C.), a petition for an administrative hearing must contain the following information: a) the name and address of each agency affected and each agency’s file or identification number, if known; b) the name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; c) a statement of when and how the petitioner received notice of the agency decision; d) a statement of all disputed issues of material fact. If there are none, the petition must so indicate; e) a concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; f) a statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and g) a statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 5 Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. Judicial Review Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 6 Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. The files associated with this order are available upon request. Please address your request to MiningAndMitigation@dep.state.fl.us and include the file number in your request. Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Orlando E. Rivera, PWS, CERP Program Administrator Mining and Mitigation Program Prepared by Zachariah Shely Attachments: Replace Sheet 10 of 14 - Master Drainage Plan Phase 1 (Signed and Sealed March 3, 2003) with Sheet 9 of 15 - Master Drainage Plan Phase 1 (Signed and Sealed April 20, 2018) Replace Sheet 11 of 14 - Master Mining Plan Phase 1 (Signed and Sealed March 3, 2003) with Sheet 10 of 15 - Master Mining Plan Phase 1 (Signed and Sealed May 4, 2018) Replace Sheet 14 of 14 - Master Mining Details Phase 1 (Signed and Sealed March 3, 2003) with Sheet 13 of 15 - Master Mining Details Phase 1 (Signed and Sealed May 4, 2018) Replace Sheet 14a of 14 - Post Development Land Use Plan Phase 1 (Signed and Sealed March 3, 2003) with Sheet 14 of 15 - Post Development Land Use Plan Phase 1 (Signed and Sealed May 4, 2018) Replace Sheet 1 of 25 - East Naples Mine Phase 2 Location Map (Signed and Sealed July 9, 2008) with Sheet 1 of 25 - East Naples Mine Phase 2 Location Map (Signed and Sealed April 20, 2018) Replace Sheet 3 of 25 - Aerial Photograph (Signed and Sealed July 9, 2008) with Sheet 3 of 25 - Aerial Photograph (Overall) (Signed and Sealed May 4, 2018) Replace Sheet 6 of 25 - Existing Conditions & Topographic Map (Signed and Sealed July 9, 2008) with Sheet 6 of 25 - Existing Conditions & Topographic Map (Signed and Sealed May 4, 2018) Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 7 Replace Sheet 18 of 25 - Master Mining Plan Phase 2 (Signed and Sealed July 9, 2008) with Sheet 18 of 25 - Master Mining Plan Phase 2 (Signed and Sealed May 4, 2018) Replace Sheet 19 of 25 - Master Drainage Plan Phase 2 (Signed and Sealed July 9, 2008) with Sheet 19 of 25 - Master Drainage Plan Phase 2 (Signed and Sealed May 4, 2018) Replace Sheet 23 of 25 - Master Mining Details Phase 2 (Signed and Sealed July 9, 2008) with Sheet 23 of 25 - Master Mining Details Phase 2 (Signed and Sealed May 4, 2018) Replace Sheet 25 of 25 - Post Development Land Use Plan Phase 2 (Signed and Sealed July 9, 2008) with Sheet 25 of 25 - Post Development Land Use Plan Phase 2 (Signed and Sealed May 4, 2018) Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 8 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: DEP, GIS – Angela.Bozeman@dep.state.fl.us DEP, South District, SouthDirstrict@Dep.state.fl.us DEP, South District, SLERP, Megan.Mills@dep.state.fl.us Karen Miller, TCC-FPSI – MillerKA@tcc.fl.edu Kim Allen, TCC-FPSI – AllenK@tcc.fl.edu SFWMD, Regulation Department, Tony Waterhouse, TWaterho@sfwmd.gov SFWMD, Water Use Permitting, Karin Smith, karsmith@sfwmd.gov USACE, Jacksonville District, Mining Team – CESAJ- Mine.Team@usace.army.mil Collier County Manager, Leo E. Ochs, Jr., maryjobrock@colliergov.net Collier County, Engineering & Natural Resources, BillLorenz@colliergov.net DEP, FL Div. of Recreation & Parks, District IV Administration – Chris.Becker@dep.state.fl.us DEP, FL Div. of Recreation & Parks, Bureau of Natural and Cultural Resources – Cheri.Albin@dep.state.fl.us DOT, Carmen Monroy, Director of Office of Policy Planning, Carmen.Monroy@dot.state.fl.us Mining and Mitigation File FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. __________ 5/04/18 Clerk Date ENGINEERS PLANNERS SURVEYORS MONTESHOLE 950 Encore Way Naples, FL. 34110 Phone: (239) 254-2000 Florida Certificate of Authorization No.1772LANDSCAPE ARCHITECTS 950 Encore Way Naples, FL. 34110 Phone: (239) 254-2000 Florida Certificate of Authorization No.1772ENGINEERS PLANNERS SURVEYORS (DBA) EAST NAPLES LAND COMPANY THE EAST NAPLES MINE - PHASE 2 950 Encore Way Naples, FL. 34110 Phone: (239) 254-2000 Florida Certificate of Authorization No.1772ENGINEERS PLANNERS SURVEYORS (DBA) EAST NAPLES LAND COMPANY THE EAST NAPLES MINE - PHASE 2 950 Encore Way Naples, FL. 34110 Phone: (239) 254-2000 Florida Certificate of Authorization No.1772ENGINEERS PLANNERS SURVEYORS (DBA) EAST NAPLES LAND COMPANY THE EAST NAPLES MINE - PHASE 2 950 Encore Way Naples, FL. 34110 Phone: (239) 254-2000 Florida Certificate of Authorization No.1772ENGINEERS PLANNERS SURVEYORS (DBA) EAST NAPLES LAND COMPANY THE EAST NAPLES MINE - PHASE 2 950 Encore Way Naples, FL. 34110 Phone: (239) 254-2000 Florida Certificate of Authorization No.1772ENGINEERS PLANNERS SURVEYORS (DBA) EAST NAPLES LAND COMPANY THE EAST NAPLES MINE - PHASE 2 C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx EAST NAPLES MINE MODIFICATIONS TO COMMERCIAL EXCAVATION PERMITS Phase 1 (Permit No. 59.814 – 1) and Phase 2 (Permit No. 59.814 – 2) HM File 1997.044 TRAFFIC IMPACT ANALYSIS JUNE 2018 PREPARED FOR: COLLIER COUNTY GROWTH MANAGEMENT DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PREPARED BY: 950 ENCORE WAY NAPLES, FL 34110 W. Terry Cole, P.E. #42347 C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx TABLE OF CONTENTS 1.0 GENERAL PROJECT INFORMATION ................................................................................................... 3 2.0 TRIP CALCULATIONS .......................................................................................................................... 3 3.0 SIGNIFICANCE ON IMPACTED LINKS ................................................................................................. 4 4.0 EXISTING ROAD CONDITIONS ........................................................................................................... 5 5.0 HAULING ROUTE MAP....................................................................................................................... 5 6.0 EXISTING CONDITION PHOTOS ......................................................................................................... 6 C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 1.0 GENERAL PROJECT INFORMATION 1.1 LOCATION, EXISTING CONDITIONS & PROPOSED PERMIT MODIFICATIONS The East Naples Mine is comprised of Phase 1 (Permit No. 59.814 – 1) and Phase 2 (Permit No. 59.814 – 2) which are located in parts of Sections 21 and 22, T49 South, R 27 East. Mining began in Phase 1 in 2003 and continues. Mining has not commenced in Phase 2 yet. Since Phases 1 and 2 have the same ownership, it is proposed that the shared boundary between the two phases be excavated. Setbacks from the wetlands in the northeast and southeast corners of Phase 1 will remain as required. The depth of excavation in the respective Phases will remain as previously permitted for each phase – for Phase 1 see Section F on drawing 936-13 and for Phase 2 see Section E on drawing 4459-8. 2.0 TRIP CALCULATIONS 2.1 ESTIMATION OF TOTAL TRIP COUNT Approximate volume to be excavated in Phase 1 (Tract 21) = 284,085 CY Approximate volume to be excavated in Phase 2 (Tract 15) = 506,337 CY Volume moved per truck per trip = 18 CY 𝑇𝑜𝑡𝑎𝑙 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑 𝑖𝑛 𝑃ℎ𝑎𝑠𝑒 1 =284,085 𝐶𝑌18 𝐶𝑌𝑇𝑟𝑖𝑝𝑠=15,783 𝑇𝑟𝑖𝑝𝑠 𝑇𝑜𝑡𝑎𝑙 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑 𝑖𝑛 𝑃ℎ𝑎𝑠𝑒 2 =506,337 𝐶𝑌18 𝐶𝑌𝑇𝑟𝑖𝑝𝑠=28,130 𝑇𝑟𝑖𝑝𝑠 2.2 ESTIMATION OF ADDITIONAL TRIP DAYS The hauling is limited to the historic average annual daily round trip generation rate = 156 𝑇𝑟𝑖𝑝𝑠𝐷𝑎𝑦 𝑃ℎ𝑎𝑠𝑒 1 = 15,783 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑156 𝑇𝑟𝑖𝑝𝑠𝐷𝑎𝑦≈102 𝑑𝑎𝑦𝑠 C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 𝑃ℎ𝑎𝑠𝑒 2 = 28,130 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑156 𝑇𝑟𝑖𝑝𝑠𝐷𝑎𝑦≈180 𝑑𝑎𝑦𝑠 Phase 1 & 2 = 102 days + 180 days = 282 days 282 days/5 days/week = 56.4 weeks = 14 months 3.0 SIGNIFICANCE ON IMPACTED LINKS 3.1 AFFECTED LINKS The haul route includes (1) – 5th Street to Golden Gate Boulevard, (2) – Golden Gate Boulevard from Collier Boulevard to DeSoto Boulevard, (3) Collier Boulevard from Vanderbilt Beach Road to Pine Ridge Road, and (4) - Wilson Boulevard from Golden Gate Boulevard to Immokalee Road. The estimated 14 months of hauling will contribute approximately 156 average daily trips with trip distributions as shown on the attached Haul Road Map. 3.2 TEMPORARY IMPACT TO AFFECTED LINKS Information provided in Attachment “F” of the Collier County 2017 Annual Update and Inventory Report was used to analyze the impact of the trips on the affected links. The estimated trips attributed to the hauling operation will contribute less than 1% of total peak- hour peak-direction volume for each affected link. These trips are already part of the existing Road From To 2017 Peak Hour Peak Dir Volume Peak Hour Peak Dir Service Volume V/C L O S Collier Boulevard Vanderbilt Beach Road Golden Gate Boulevard 1220 3000 40.7%B Collier Boulevard Golden Gate Boulevard Pine Ridge Road 1904 3000 63.5%C Wilson Boulevard Golden Gate Boulevard Immokalee Road 320 900 35.6%B Golden Gate Boulevard Collier Boulevard Wilson Boulevard 1600 2300 69.6%C Golden Gate Boulevard Wilson Boulevard 18th Street 1102 2300 47.9%B Golden Gate Boulevard 18th Street Everglades Boulevard 1102 1010 109.1%F Golden Gate Boulevard Everglades Boulevard DeSoto Boulevard 223 1000 22.3%B Peak-Hour Peak-Direction Volume per 2017 AUIR C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx traffic volumes. The proposed excavation removal will not have a significant or adverse impact on the surrounding road network. 4.0 EXISTING ROAD CONDITIONS 4.1 OVERVIEW An examination of the Collier County portion of the haul route was performed on June 12, 2018. The general condition the roadways is good. There are no significant defects in asphalt, curbs, striping or drainage structures to report. The roadway system was observed to have normal wear and tear including chipped curb, weathered thermos-plastic striping and minor asphalt defects. A Collier County FY2018 Capacity Enhancement Project states that Golden Gate Boulevard will be under construction from Wilson Boulevard to DeSoto Boulevard. At present time, Golden Gate Boulevard from Wilson Boulevard to 18th Street has been expanded to a 4-lane road. Also, a Collier County FY2018 Capacity Enhancement Project has Collier Boulevard, from Golden Gate Boulevard to Green Boulevard expanding into a 6-lane road. As of June 2018, all construction along Collier Boulevard has been completed. If necessary, the mine owner will conduct a review of existing roadway infrastructure with Road Maintenance to determine any concerns due to hauling of excavation material. This review will identify any areas of concern. Criteria to be considered include: 1. Current pavement rating; 2. Field review/survey; 3. Current scheduled repairs; 4. Repairs to reduce the likelihood of accelerated damage under the proposed haul trips. 5.0 HAULING ROUTE MAP See the attached map which shows the general % and # of round trips for various roadway segments. C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.0 EXISTING CONDITION PHOTOS 6.1 GOLDEN GATE BOULEVARD AND 5TH STREET INTERSECTION C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.2 GOLDEN GATE BOULEVARD AND COLLIER BOULEVARD INTERSECTION 6.3 VANDERBILT BEACH ROAD AND COLLIER BOULEVARD INTERSECTION C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.4 COLLIER BOULEVARD AND PINE RIDGE ROAD INTERSECTION C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.5 GOLDEN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.6 GOLDEN GATE BOULEVARD AND EVERGLADES BOULEVARD INTERSECTION 6.7 GOLDEN GATE BOULEVARD AND DESOTO BOULEVARD INTERSECTION